MINUTES OF THE REGULAR MEETING CITY COUNCIL

CITY OF BOCA RATON, FLORIDA Tuesday, August 27, 2013

6: 00 PM

The Regular Meeting of the City Council of the City of Boca Raton, Florida was called to order by Mayor Susan Whelchel at 6:05 PM.

1. INVOCATION: Deputy Mayor Susan Haynie offered the invocation. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: 3. ROLL CALL:

Mayor Susan Whelchel Deputy Mayor Susan Haynie Council Member Anthony Majhess Council Member Michael Mullaugh Council Member Constance Scott

4. AMENDMENTS TO THE AGENDA: Mayor Whelchel advised that there were several amendments and changes to the agenda. Items 12.B. and 12.C.will be heard under 11. Quasi-Judicial and Related Public Hearings. Mayor Whelchel asked for a voice vote and received unanimous approval. Three ordinances will be added add to for introduction: item 14.G. Ordinance 5250; item 14.H. Ordinance 5251; and item 14.I. Ordinance 5252. Mayor Whelchel asked for a voice vote and received unanimous approval. The Mayor then advised that Item 9.P. Resolution 93-2013 was revised. The City Clerk read the title of the Resolution. 5. MINUTES:

A. Minutes of the Regular Workshop Meeting of July 8, 2013 Minutes

B. Minutes of the Regular Meeting of July 9, 2013

Minutes

Motion was made by Deputy Mayor Susan Haynie to approve the minutes as presented. Motion carried unanimously on a voice vote.

6. PROCLAMATIONS/PRESENTATIONS: State Senator Maria Sachs addressed the Council regarding upcoming Property Insurance Workshops sponsored by her office. 7. BOARD APPOINTMENTS:

A. Affordable Housing Advisory Committee Vacancy Sheet

There were no applicants.

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B. Boca Raton Advisory Board for People with Disabilities Vacancy Sheet and Applications

Stephen Zwick and Melissa Knight interviewed.

Motion was made by Deputy Mayor Susan Haynie to appoint Stephen Zwick to the Boca Raton Advisory Board for People with Disabilities. Motion carried unanimously on a voice vote.

C. Boca Raton Housing Authority Vacancy Sheet and Application

Motion was made by Deputy Mayor Susan Haynie, seconded by Council Member Anthony Majhess, to appoint Michael Amezaga to the Boca Raton Housing Authority. Motion carried unanimously on a voice vote.

D. Builders' Board of Adjustment and Appeals

Vacancy Sheet There were no applicants.

E. Civil Service Board

Vacancy Sheet There were no applicants.

F. Community Relations Board

Vacancy Sheet and Applications

Dylon Orquera and Tatjana Orquera interviewed.

Motion was made by Deputy Mayor Susan Haynie, seconded by Council Member Anthony Majhess, to appoint Michael Amezaga, Dylon Orquera, Tatjana Orquera and Iliana Swain to the Community Relations Board. Motion carried unanimously on a voice vote.

G. Elder Affairs Advisory Board Vacancy Sheet

There were no applicants.

H. Financial Advisory Board Vacancy Sheet and Application

Jay Abrams interviewed.

Motion was made by Council Member Michael Mullaugh, seconded by Deputy Mayor Susan Haynie, to reappoint Jay Abrams to the Financial Advisory Board. Motion carried unanimously on a voice vote.

I. Green Living Advisory Board Vacancy Sheet and Applications Motion was made by Deputy Mayor Susan Haynie to appoint Laura Castanza, Vaughan Lazar and Patricia Ramudo to the Green Living Advisory Board. Motion carried unanimously on a voice vote.

J. Library Board

Vacancy Sheet and Applications

Renato Bellu interviewed

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Motion was made by Mayor Susan Whelchel, seconded by Deputy Mayor Susan Haynie, to appoint Renato Bellu to the Library Board. Motion carried unanimously; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

K. Marine Advisory Board Vacancy Sheet and Application

Motion was made by Council Member Anthony Majhess, seconded by Mayor Susan Whelchel, to appoint Robert Wilson to the Marine Advisory Board. Motion carried unanimously on a voice vote.

L. North Federal Highway Steering Committee Vacancy Sheet

There were no applicants.

M. Zoning Board of Adjustment Vacancy Sheet and Application

Motion was made by Council Member Michael Mullaugh, seconded by Council Member Anthony Majhess, to appoint Joe Panella to the Zoning Board of Adjustment. Motion carried unanimously on a voice vote.

8. RESPONSES TO WORKSHOP INFORMATION REQUESTS: The City Manager noted that response will be covered later in the meeting. 9. CONSENT AGENDA:

A. Sealed Bids 1) Boca Raton Hills Wastewater Infrastructure Improvements;

Requested by Utility Services; Lanzo Construction Co. of Florida; $3,874,860

2) Pavement Resurfacing Program FY 2012-2013; Requested by Municipal Services; Community Asphalt Corp.; $1,073,665

3) Repair and Rehabilitation of Steel Elevated Water Storage Tanks; Requested by Utility Services; Utility Service Co., Inc.; $304,700

4) Blue Lake Drainage Basin Modifications;

Requested by Municipal Services; Environmental Land Development, Inc.; $191,855

5) Maintenance Area Enhancements Red Reef Park; Requested by Municipal Services; Hartzell Construction, Inc.; $150,065

6) Painting of the Dredge; Requested by Municipal Services; WMJB Marine, Inc.; $66,840

Bids

B. Intergovernmental Agreements 1) Garbage Trucks (Replacement);

Requested by Municipal Services; General GMC Truck Sales and Service, Inc.; $497,296

2) Well, Pump, and Motor Rehabilitation Services; Requested by Utility Services; Aquifier Maintenance & Performance Systems, Inc. (AMPS); $200,000

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3) Vehicle Leasing Services;

Requested by Police Services; 2nd Chance Holdings d/b/a Budget Car Rental; $120,000

Bids

C. Sole Source 1) Wilo-EMU Pump Parts, Repairs, and Warranty Services;

Requested by Utility Services; Kaman Industrial Technologies Corporation d/b/a Florida Bearings; $69,568

Bid

D. Resolution No. 75-2013

A resolution of the City of Boca Raton relating to the levy of special assessments for the construction of a wastewater collection system and other improvements in an area generally known as Boca Raton Heights, as more particularly described herein, providing for a public hearing, at which the City Council shall act as an Equalizing Board; providing for notice to all affected property owners; providing for severability; providing for repealer; providing an effective date

Resolution No. 75-2013

E. Resolution No. 78-2013

A resolution of the City of Boca Raton approving and adopting the Report of the Goal Setting Sessions of May 1, 2 and 3, 2013, and the 2013-2028 Strategic Plan, including the Action Agenda for Fiscal Year 2013-2014; providing for severability; providing for repealer; providing an effective date

Resolution No. 78-2013

F. Resolution No. 79-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Agreement for Legal Services with de la Parte & Gilbert, P.A.; providing for severability; providing for repealer; providing an effective date

Resolution No. 79-2013

G. Resolution No. 80-2013

A resolution of the City of Boca Raton authorizing approval and acceptance of a sewer easement and a water easement from Win-Preferred, LLC, over certain lands at 1801 Clint Moore Road; providing for severability; providing for repealer; providing an effective date

Resolution No. 80-2013

H. Resolution No. 81-2013

A resolution of the City of Boca Raton authorizing approval and acceptance of bus shelter easements from Win-Preferred, LLC, over certain lands at 1801 Clint Moore Road; providing for severability; providing for repealer; providing an effective date

Resolution No. 81-2013

I. Resolution No. 82-2013

A resolution of the City of Boca Raton authorizing a payment of up to $200,000 as economic development incentives for Project Hoops; providing for severability; providing for repealer; providing an effective date

Resolution No. 82-2013

J. Resolution No. 86-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the Third Amendment to an Agreement with the Solid Waste Authority of Palm Beach County adjusting the City's Capital Costs and providing for the sale by the City of excess capacity of the Biosolids Pelletization Facility; providing for severability; providing for repealer; providing an effective date

Resolution No. 86-2013

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K. Resolution No. 87-2013

A resolution of the City of Boca Raton authorizing the City Manager to execute Work Order No. 31 with Kimley-Horn and Associates, Inc. for the purpose of providing professional engineering services for the Patch Reef Trail between Verde Trail South and Town Center Road; providing for severability; providing for repealer; providing an effective date

Resolution No. 87-2013

L. Resolution No. 88-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute a Cooperation Agreement with the Department of the Army for the purpose of constructing a beach renourishment project known as the North Boca Raton Beach Shore Protection Project; providing for severability; providing for repealer; providing an effective date

Resolution No. 88-2013

M. Resolution No. 90-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Economic Development Agreement with Navinta II LLC; providing for severability; providing for repealer; providing an effective date

Resolution No. 90-2013

N. Resolution No. 91-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Economic Development Agreement with Red Hawk Fire and Security, LLC; providing for severability; providing for repealer; providing an effective date

Resolution No. 91-2013

O. Resolution No. 92-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute the First Amendment to an Agreement with Walton, Lantaff, Schroeder & Carson for the purpose of providing legal services relating to Workers' Compensation and related matters and amending certain terms thereof; providing for severability; providing for repealer; providing an effective date

Resolution No. 92-2013

Q. Resolution No. 94-2013

A resolution of the City of Boca Raton authorizing the City Manager to execute Work Order No. 2 with RCC Consultants, Inc. for the purpose of providing professional consulting services for the design and replacement of the current radio system and information systems; providing for severability; providing for repealer; providing an effective date

Resolution No. 94-2013

R. Resolution No. 95-2013

A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an agreement with Bank of America, N.A. for the purpose of providing banking services; providing for severability; providing for repealer; providing an effective date

Resolution No. 95-2013

S. Board Resignations 1) Dr. Harold A. Ford, Jr. from the Boca Raton Housing Authority 2) Andrea Poveda (Student) from the Community Relations Board 3) Steven Sapirstein from the Elder Affairs Advisory Board

Board Resignations

T. Board Minutes Received 1) Boca Raton Advisory Board for People with Disabilities

May 2, 2013 May 2, 2013 Parks Subcommittee June 6, 2013 June 6, 2013 Parks Subcommittee

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2) Community Appearance Board

June 4, 2013 June 11, 2013 June 25, 2013 July 9, 2013 July 16, 2013 July 23, 2013 July 30, 2013

3) Education Advisory Board May 20, 2013

4) Executive Employees Retirement Plan June 26, 2013

5) Financial Advisory Board May 13, 2013

6) General Employees Pension Board June 13, 2013 June 19, 2013 DSS Hearing July 2, 2013 Administrative

7) Green Living Advisory Board June 11, 2013

8) Historic Preservation Board June 18, 2013

9) Library Board April 17, 2013

10) Parks and Recreation Board June 4, 2013 July 2, 2013

11) Planning and Zoning Board June 6, 2013 June 14, 2013

12) Police and Firefighters Pension Board May 23, 2013 July 2, 2013 Admin Meeting

13) Special Magistrate March 27, 2013 May 8, 2013 June 13, 2013 July 10, 2013

14) Zoning Board of Adjustment June 13, 2013

Minutes Council Member Majhess requested that item 9.P. be pulled from the Consent Agenda for consideration separately. Mayor Whelchel then provided an opportunity for public comment on the Consent Agenda. No one came forward to speak.

Motion was made by Deputy Mayor Susan Haynie to approve the Consent Agenda less item 9.P. Motion carried unanimously; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

P. Resolution No. 93-2013

A resolution of the City of Boca Raton accepting the June 20, 2013 Affordable Housing Advisory Committee Recommendation Report, pursuant to Chapter 420, Florida Statutes, pertaining to the State Housing Initiatives Partnership (SHIP) Program; providing for severability; providing for repealer; providing an effective date

Resolution No. 93-2013

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Regarding resolution 93-2013, Council Member Majhess explained that he felt some of the recommendations in the report were at odds with the goals set by the Council. He suggested that the report be sent back to the Committee for revisions to be more congruent with the City’s Comprehensive Plan.

In response to Council Member Scott, the City Attorney provided responses to questions about regarding the timing and implication of receiving the report, as well as addressing other concerns of Council members. Teresa McClurg, Community Improvement Administrator, addressed the timing of the report and the implications of acceptance. Discussion ensued.

Motion was made by Deputy Mayor Susan Haynie, seconded by Council Member Constance Scott, to continue Resolution 93-2013 to the next Council meeting. Council members made final comments regarding the continuation. Motion amended by Deputy Mayor Susan Haynie, seconded by Council Member Constance Scott, to remand the Recommendation Report back to the Affordable Housing Advisory Committee. Motion carried unanimously; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

10. QUASI-JUDICIAL CONSENT AGENDA: There was no business to consider. 11. QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS:

12.B Ordinance No. 5239

An ordinance of the City of Boca Raton amending the City's Code of Ordinances to establish a new zoning district within Chapter 28, "Zoning," Article XIII, "Miscellaneous Districts," entitled "PM-0.25 Planned Mobility 0.25"; establishing qualification requirements for the new zoning district; specifying the land development regulations for the new zoning district; establishing uses, density and intensity limits, development parameters, and authorizing applications under existing PMD regulations for the new zoning district; providing for future development opportunities, including applications pursuant to PMD regulations; providing for references to PM-0.25 in the City's Code of Ordinances where applicable; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-12-09)

Ordinance No. 5239 12.C. Ordinance No. 5240

An ordinance of the City of Boca Raton considering a rezoning of a parcel of land consisting of 77.16 acres located at 555 Northwest Spanish River Boulevard, situated east of the El Rio Canal between Northwest Spanish River Boulevard and Interstate 95, from R-1-D Single Family Residential to Planned Mobility 0.25 (PM-0.25); providing that the rezoning is contingent upon the adoption of Ordinance No. 5239 establishing the PM-0.25 Zoning District (being considered prior to this rezoning); providing for revisions to the Zoning District Map; providing for severability; providing for repealer; providing an effective date (ZC-13-01)

Ordinance No. 5240

The City Attorney reviewed the quasi-judicial procedures that would govern the public hearing. Council members had no ex parte disclosures. The City Clerk administered the oath to all those who wished to speak.

John Hixenbaugh, Development Services Director, made the presentation on both ordinances contemporaneously as the petitions are related. Using a PowerPoint, Mr. Hixenbaugh began with ordinance 5239, the text amendment, recapping the elements of Planned Mobility-0.25, noting how this zoning district deviates from other districts. The criteria of PM-0.25 were reviewed, followed by a comparison of the PMD Overlay and the PM 0.25 zoning district, including uses, density, intensity, building height, open space, setbacks, PM Matrix score, parking, landscape buffer, and unit size. The presentation then turned to the rezoning proposed in Ordinance 5240, with attention given to the traffic

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analysis using the assumed district plan as submitted by the applicant. Mr. Hixenbaugh concluded by noting that staff recommends approval of both ordinances.

The public hearing was opened. Charles Siemon, Gray Robinson, representing the contract purchaser of the property, noted that the presentation provided the essence of the petition. He then made comments about the property in the context of the Comprehensive Plan and its location, among other topics. He encouraged support of the ordinances and then responded to a question regarding a district plan versus a master plan, noting the long range challenges of producing a master plan that would likely go through numerous changes.

The following expressed multiple concerns with the ordinances: Charlie Helton, Fookloy Ford, Shirley Mitchell, Janet Klingler, Elisabeth Hoffman, Linda Ludwig, Frank Deeney, Tom Mendez, Betsy Landon, Steven Feder, Eli Casper, and Bruce Marron. Armand Grossman spoke in support of PMD, workforce housing and the ordinances. Tom Donaudy, representing FAU, noted that FAU has not taken a position on this issue. Glenn Gromann expressed support of the ordinances while addressing some of the previous comments. Those sworn in were given the opportunity to cross examine previous speakers. Several people did so. Charlie Siemon was given the opportunity for rebuttal and addressed a number of concerns expressed by previous speakers. Seeing no one else come forward to speak, the public hearing was closed.

John Hixenbaugh then addressed questions from the Council. Topics included the size of the landscape buffer, protection for the neighbors from placement of the tallest structures near their homes, the lack of a master plan, as well as other topics. Deputy Mayor Haynie proposed an amendment to Ordinance 5239 intended to give Council further decisional criteria with respect to the location of the intensity of the development on the property. The City Attorney then read into the record the proposed amendment to Section 28-1251.2 Eligibility and Review Procedures, generally consistent with giving the City Council review of site plans consistent with the Code and also enumerating the decisional criteria. Ms. Haynie then proposed that the landscape buffer be increased to 100 feet.

Ms. Haynie noted that this amendment gives the Council more ability to control aspects of development. She then proposed that in Section 28-1251.9, the landscape buffer be increased to 100 feet.

Motion was made by Council Member Constance Scott, seconded by Deputy Mayor Susan Haynie, to approve Ordinance No. 5239 including the amendments as read by the City Attorney as well as the increasing the landscape buffer to 100 feet.

Council members made final comments, asked questions of Mr. Hixenbaugh and noted their support or lack thereof. Doug Hess, City Traffic Engineer, addressed the traffic analysis and the concerns of tonight's speakers.

Motion on Ordinance No. 5239 as amended passed on a 4-1 vote; Council Member Constance Scott, Council Member Michael Mullaugh, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

Motion was made by Council Member Constance Scott, seconded by Council Member Michael Mullaugh, to approve Ordinance No. 5240. Motion passed on a 4-1 vote; Council Member Constance Scott, Council Member Michael Mullaugh, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

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12. REGULAR PUBLIC HEARINGS:

A. Resolution No. 76-2013

A resolution of the City of Boca Raton imposing fire services assessments against assessed property located within the City for the fiscal year beginning October 1, 2013; approving the Fiscal Year 2013-2014 Rate of Assessment; approving the Fiscal Year 2013-2014 Assessment Roll; providing for severability; providing for repealer; providing an effective date (The public hearings on Items B and C will be conducted contemporaneously, as the petitions are related. A separate vote will be taken on each petition.)

Resolution No. 76-2013

Assistant City Manager Mike Woika made a brief presentation, explaining that the fire services assessment is a non ad valorum fee and there is no increase proposed. He made himself available for questions. During the public hearing, William Egecrone expressed his opposition to the fire assessment fee, as did Charlie Helton. Seeing no one else come forward to speak, the public hearing was closed.

Motion was made by Council Member Michael Mullaugh, seconded by Deputy Mayor Susan Haynie, to approve Resolution No. 76-2013.

Council members made final comments. Mr. Majhess addressed comments made by Mr. Helton.

Motion carried unanimously; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

13.

REGULAR PUBLIC HEARINGS/SETTLEMENTS:

There was no business to consider. 14. INTRODUCTION OF ORDINANCES:

A. Ordinance No. 5246

An ordinance of the City of Boca Raton providing for the vacation and abandonment of portions of two water and sewer easements located at 998 South Federal Highway, as more specifically described herein; approving and accepting a Water and Sewer Easement Deed and a Public Utility Easement Deed over certain lands located at 998 South Federal Highway; providing conditions for vacation and abandonment; providing for severability; providing for repealer; providing an effective date (EA-13-06)

Ordinance No. 5246

Council Member Scott introduced the ordinance.

B. Ordinance No. 5247

An ordinance of the City of Boca Raton providing for the vacation and abandonment of a portion of a utility easement located at 1801 Clint Moore Road, as more specifically described herein; providing for severability; providing for repealer; providing an effective date (EA-13-03)

Ordinance No. 5247

Council Member Mullaugh introduced the ordinance. C. Ordinance No. 5248

An ordinance of the City of Boca Raton providing for the vacation and abandonment of a cross access easement located at 1801 Clint Moore Road, as more specifically described herein; providing for severability; providing for repealer; providing an effective date (EA-13-01)

Ordinance No. 5248 Council Member Mullaugh introduced the ordinance.

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D. Ordinance No. 5249

An ordinance of the City of Boca Raton authorizing the Mayor and City Clerk to execute a non-exclusive Construction and Demolition (C & D) Debris Collection and Disposal Services Franchise Agreement with Roll Off Services, Inc., pursuant to Section 14-21, Code of Ordinances; providing for severability; providing for repealer; providing an effective date

Ordinance No. 5249 Council Member Majhess introduced the ordinance.

E. Ordinance No. 5253

An ordinance of the City of Boca Raton amending the Fiscal Year 2012-2013 Budget through the Third Budget Amendment; providing for severability; providing for repealer; providing an effective date

Ordinance No. 5253

Deputy Mayor Haynie introduced the ordinance.

F. Ordinance No. 5254

An ordinance of the City of Boca Raton amending Section 14, Code of Ordinances, relating to solid waste; providing for additional definitions and administrative procedures; providing for regulation for pre-collection and collection procedures for the collection and disposal of solid waste, vegetative waste; providing for severability; providing for repealer; providing for codification; providing an effective date

Ordinance No. 5254

Council Member Mullaugh introduced the ordinance. G. Ordinance No. 5250

An ordinance of the City of Boca Raton amending Article 3, Section 1, of the Personnel Rules and Regulations to prohibit discrimination against City employees because of sexual orientation, gender identity or expression, and to recognize protections from discrimination under federal and state law; providing for inclusion in the City’s Personnel Rules and Regulations; providing for severability; providing for repealer; providing an effective date

Council Member Scott introduced the ordinance.

H. Ordinance No. 5251

An ordinance of the City of Boca Raton amending the Personnel Rules and Regulations to modify Article 3, Section 7, regarding the limitation of employment of relatives to include an employee’s domestic partner and specified family members in the definition of “relative”; to modify Article 10, Section 2, regarding family sick leave to include an employee’s domestic partner and specified family members in the definition of “immediate family”; to modify Article 11, Section 4, regarding funeral leave to include death of an employee’s domestic partner and specified family members; and to make further amendments to the Code to update and clarify the provisions; providing for severability; providing for repealer; providing for inclusion in the City’s Personnel Rules and Regulations; providing an effective date

Council Member Scott introduced the ordinance.

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I. Ordinance No. 5252

An ordinance of the City of Boca Raton amending Chapter 2, Article III, Division 5, “Community Relations Board,” of the Code of Ordinances to conform the functions, powers and duties of the Community Relations Board to the City’s Equal Employment Opportunity Policy and to extend the Board’s scope to issues based on “sexual orientation” and “gender identity and expression”; and to make further amendments to the Code to update and clarify the provisions; providing for severability; providing for repealer; providing for codification; providing an effective date

Deputy Mayor Haynie introduced the ordinance.

15. PUBLIC REQUESTS: Tolliver Miller, Optimist Foundation, commented on Boca Jets no longer being able to have football practice at Patch Reef Park and the co-existence of the three youth football leagues. Council generally agreed that staff should work to resolve the issue regarding priority given to leagues with highest number of Boca residents. Ron Harrison, Tommy Clark, and Richard Harrison added their comments with regard to the same topic and in support of Boca Jets. Robert Schonger commented on the athletic fees being paid by non-residents. The City Manager addressed the ownership and operation of Patch Reef as well as the policy regarding residents on league teams. Patrick Perrotta expressed concerns about the safety of the Boca Inlet. Al Bitterling then addressed the Council regarding the operational practices of the dredge in the Boca Inlet. The City Manager addressed some of Mr. Bitterling's comments. Paul Beers commented on the Boca Jets issues. Bob Sweetapple spoke in support of Council’s decision on Ordinance 5239 and then provided an affidavit regarding development on an oceanfront property. 16.

RESOLUTIONS AND OTHER BUSINESS:

There was no business to consider. 17. QUASI-JUDICIAL PUBLIC HEARINGS/VARIANCES & APPEALS:

A. Resolution No. 77-2013

A resolution of the City of Boca Raton considering variances from the provisions of Section 24-96(C)(3), Code of Ordinances, to allow three (3) flat signs where two (2) flat signs are permitted for a single occupancy and to allow one (1) additional flat sign on the east elevation of the entry tower for the Trader Joe's Grocery Store located at 855 South Federal Highway; providing for severability; providing for repealer; providing an effective date (SCV 13-02)

Resolution No. 77-2013

John Hixenbaugh, Development Services Director, gave the brief PowerPoint presentation. The location of the property was provided, as were the site plan and the location of the requested signage. He provided descriptions of the signs, noted the approval of the Community Appearance Board and the staff recommendation.

The public hearing was opened and, seeing no one come forward to speak, closed.

Motion was made by Deputy Mayor Susan Haynie, seconded by Council Member Anthony Majhess, to approve Resolution No. 77-2013 to grant the appeal. Motion carried unanimously; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

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B. Resolution No.83-2013

A resolution of the City Council of the City of Boca Raton considering the appeal of a Community Appearance Board decision to deny Permit Number 13-2720 for the installation of roll-up curtains to be installed between the columns of the north facing outdoor dining area for Truluck’s (restaurant) located at 351 Plaza Real; providing for severability; providing for repealer; providing an effective date

Resolution No. 83-2013

At this time, it was noted that a motion to extend the meeting was in order. Motion was made by Deputy Mayor Susan Haynie, seconded by Mayor Susan Whelchel, to extend the meeting beyond 11:00 pm. Motion carried unanimously on a voice vote; Council Member Constance Scott, Council Member Michael Mullaugh, Council Member Anthony Majhess, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

John Hixenbaugh, Development Services Director, made the presentation. Pictures provided the location of the curtains as well as samples of same. A similar approval for such curtains was noted. The reasons that Community Appearance Board (CAB) gave for denial were noted. Staff recommends approval of the appeal with conditions. In conclusion, Mr. Hixenbaugh responded to questions from Council members.

The public hearing was opened. Charlie Siemon spoke in support of granting the appeal with a broader condition to allow the curtains be down when the temperature is below 60 degrees.

Juan Caycedo, CAB member, explained the reason for denial of the permit expressed by the CAB regarding the visibility of curtain frame structures. Seeing no one else come forward to speak, the public hearing was closed. It was noted that a condition be added to allow the curtains to be in the down position when the temperature is below 60 degrees.

Motion was made by Deputy Mayor Susan Haynie, seconded by Council Member Constance Scott, to approve Resolution No. 83-2013 to grant the appeal with an additional condition.

Final comments were made by Council members. Motion passed 4-1; Council Member Constance Scott, Council Member Michael Mullaugh, Deputy Mayor Susan Haynie, Mayor Susan Whelchel voting yes.

18. CITY MANAGER RECOMMENDATIONS AND REPORTS:

A. Review of Public Purpose for Expenditures - Downtown Boca Brazilian Beat (Reception) Memo

Mr. Ahnell asked for direction on spending money on food for the Brazilian Beat event. Members expressed their support of the expenditure as having a public purpose.

B. Discussion of Date for Holiday Tree Lighting

In conjunction with GGP, it is proposed to have the tree lighting on the Wednesday before Thanksgiving. The City Manager noted that he had shared the Wildflower RFP with Council, and he received support for issuing same.

19.

CITY ATTORNEY REPORTS:

The City attorney had no report.

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20.

MAYOR AND COUNCIL MEMBER REPORTS:

Deputy Mayor Haynie commented on prohibiting smoking outside in the Library 21.

ADJOURNMENT:

The meeting was adjourned without objection at approximately 11:18 pm.

________________________________ Susan Whelchel, Mayor

ATTEST: _________________________________________ Susan S. Saxton, City Clerk