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Minutes 10-17-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, cTrY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 17, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, Deputy City Clerk I. OPENTNGS: Call to Order - Mayor Gerald Broening Invocation - Mayor Gerald Broening Pledge of Allegiance to the Flag led by Commissioner Bruce Black Mayor Broening called the meeting to order at 6:33 p.m. Following an invocation by Mayor Broening, Commissioner Black led the Pledge of Allegiance to the Flag. Mayor Broening led a moment of silence in remembrance of one of Boynton Beach's leading citizens, Bob Borow. Mr. Borovy was a long-time vice chairman of the Advisory Board on Children and Youth, active in veterans affairs, the Boy Scouts, and a long list of projects that greatly enhanced the quality of life for all in the City of Boynton Beach. He will be missed. Mayor Broening stated there would be a service on Friday, October 20, 2000 at 2:00 p.m. at Scobee Combs Bowden Funeral Home in Boynton Beach. D. IF YOU WTSH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE RE(~UEST FORM GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fisher asked to amend the Agenda in Section XT. Legal, B2, to eliminate the phrase "providing for a set procedure for attendance at meetings" which followed "Code of Ethics". Mayor Broening noted the amendment. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 2. Adoption Commissioner Black made a motion to accept the Agenda as amended. Commissioner Fisher seconded the motion that carried 5-0. II. PUBLTC AUDTENCE: TNDZVTDUAL SPEAKERS WTLL BE LTMTTED TO 3-MTNUTE PRESENTATTONS Mayor Broening announced that the Commission had moved the Public Audience portion of the meeting to the beginning of the meeting to accommodate those persons who wished to speak but did not want to attend the entire meeting. Mack McCray, 806 N.W. 4th Street, Boynton Beach, spoke in response to an article that had appeared in the Palm Beach Post that day entitled "Boynton Rethinking Cemetery Business". He stated that he had the pleasure of serving on the Cemetery Board. He referred to a quote in the paper from Commissioner Black that "We just Want (the Cemetery Board) to make a decision, and they won't. That's my frustration. T just don't think that we need to be in the cemetery business". Mr. McCray asked if that view was indicative of the feelings of the entire Commission or only Commissioner Black? Tf he is frustrated he must realize that on the Cemetery Board we are volunteers and he is paid staff. Mr. McCray commented regarding the expansion of the cemetery and said that individuals should-do their homework before they make any kind of remarks. On August 25, 1999 there was a memorandum sent to the mayor and the former City Commission in which the Cemetery Board asked for direction in the expansion of the cemetery. On January 24, 2000 we also asked for direction. On May 27, 1980, March 25, 1988, May 12, 1992, and .lanuary 11, 1994 meeting minutes reflect the Cemetery Board asking for direction on the expansion of the cemetery. Mr. McCray commented that the Board was made up of volunteers and that they were liaisons and advisers only with all final decisions being made by the City Commission. Mr. McCray requested an apology from the person who contributed to the article. Herb Suss, resident of Boynton Beach, wanted to ask that the Planning & Development Board be returned to the Chamber for their meetings. He recently attended a meeting in the Library where a business that had made a presentation asked him if this was where the Board always met to entertain companies? He believed moving the Board back to the Chambers would be a sign of respect for the citizens and for the Board who did a wonderful job. He then spoke of a September 23, 2000 article in the Palm Beach Post where a Commissioner stated that certain citizens were "gadflys and jackals" and says his record had been distorted. Distorted when public record shows that this Commissioner, including last Thursday, has been absent 30 times in approximately 17 or 18 months? The public record does not distort. Mr. Suss stated that when a person is elected, the job is well known beforehand and that the Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Commissioners represent a district. The Commissioners should represent the persons who voted for them and the voters are not getting the representation they deserve. He suggested that the Commissioners not schedule appointments during times of known meetings such as the pre-agenda meetings held on Thursdays before every Commission meeting. Phillip Pelfrey, 13626 Staimford Dr., Wellington, FI 33414 spoke about a City of Boynton Beach garbage truck that had struck his vehicle, causing approximately $5,000 in damage, on May 9, 2000. The vehicle was improperly maintained as was documented in Boynton Beach Police Department Case No. 00-21408. There is an intelligent monitor inside the truck linked to a camera on the back of the truck so the driver can see vehicles or people that are behind them. When the truck went into reverse, that device was inoperative. The driver identified it as being malfunctioning for weeks in advance and it had not been repaired. As a result his vehicle was damaged and fortunately, no one was injured. The City of Boynton Beach was good about paYing for the damages to the vehicle; however, he had not been reimbursed for the rental car yet which was $1,443.24. Tt happened over five months ago. He had spent a lot of time trying to get reimbursement through Mr. Chuck Magazine and Mr. Wilfred Hawkins and it has not been resolved. He was looking for someone to direct them to reimburse him. Mayor Broening said he would get an official answer. Richard Stone, 111 S.E. 1st Street, Boynton Beach, Chief Steward for Blue Collar Bargaining Unit spoke on behalf of the blue and white-collar union workers, stating that the 4% pay increase being offered by the City was inadequate and would barely allow workers to keep up with inflation, especially considering the recent demand for workers to contribute to the 23% increase in dependent insurance coverage (a minimum of $26 per pay period). He cited the Consumer Price Tndex as being 3.4% nationally, 3.3% in the southeast region and 3.8% in the Miami-Ft. Lauderdale area. Also, there was no provision in the first year of the contract for monies for performance evaluation. They asked the City Commission for its support to obtain a fair and equitable raise increase for the blue and white-collar union workers. Debbie Lytal, 1351 S.W. 27th Avenue, Boynton Beach, waived her opportunity to speak. Natalie Maloney, 1466A S.W. 25th Avenue, Boynton Beach, 30 year resident of Golfview in Boynton Beach, spoke out about the continuing problem with underage drinking, car break-ins, and drugs in her neighborhood. She mentioned that the police had responded but that the participants were usually gone by the time they arrived, possibly having the assistance of a scanner. Also, she stated that the police were often called away to priority calls, even when the perpetrators were still in the area. She asked for additional police support. The problem was of at least seven months' duration. Her neighborhood is getting very frustrated. She said there were a lot of young children living there and they did not want the drug dealing, drinking and car break-ins anymore. Chris Byers, 1471C S.W. 26th Avenue, Boynton Beach, also a resident of Golfview, reiterated Ms. Maloney's remarks. They had a homeowner's association meeting on the previous evening, which the police had attended. They said the police were helpful and nice and enlightened them to some problems on the police force as far as the lack of support they have, citing things like one officer in their zone. He said they were told there were some zones with no police officers. This was a matter of concern. He did not know what the problems were. He Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 did not know if it was a budget problem, a problem with the Police Chief or lazy officers. He asked that the Commission explore the problem on their behalf. Vice Mayor Weiland said that he lived in Mr. Byers' neighborhood and asked that Mr. Byers contact him. III. ADMINISTRATIVE: Accept resignation of Larry Finkelstein, Regular member of the Planning & Development Board Mayor Broening announced that it was with regret that the City accepted the resignation of Larry Finkelstein, regular member of the Planning & Development Board. Mayor Broening said that Mr. Finkelstein had served with great distinction but that his move out of the City had made him ineligible to serve on the Board. He expressed the thanks of the City. Motion Vice Mayor Weiland made a motion to accept the resignation of Larry FinkelStein. Commissioner Black seconded the motion that carried 5-0. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Sherman IV Fisher Mayor Broening I Weiland IV Fisher III Sherman IV Fisher Mayor Broening IV Fisher Children & Youth Advisory. Board Alt Children & Youth Advisory Board Stu/Reg/Voting Children & Youth Advisory Board Stu/Reg/NonVoting Bldg. Board of Adjustment & Appeals Alt Education Advisory Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Alt Planning & Development Board Reg Recreation & Parks Board Alt I yr term to 4/01 I yr term to 4/01 I yr term to 4/01 i yr term to 4/01 I yr term to 4/01 Tabled (3) 2 yr term to 4/02 i yr term to 4/01 2 yr term to 4/02 I yr term to 4/01 Tabled (3) member of the Commissioner Fisher reappointed Amy DeVries as a Student Regular Voting Children & Youth Advisory Board. Mayor Broening appointed Amanda Hollis as a Student Regular Non-Voting member of the Children & Youth Advisory Board. Mayor Broening appointed Robert Ensler as a Regular Voting member of the Planning & Development Board. Mr. Ensler was an alternate. All other appointments were tabled. F1 F~ Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Motion Commissioner Black made a motion to approve the appointments. Vice Mayor Weiland questioned Ms. DeVries' reappointment, as he believed that she had been removed from the Board for lack of attendance. He read her application today and did not see any reason why she had missed the four meetings that disqualified her from serving. She had received notice of the meetings. He questioned whether reappointing her was a good idea, questioning her commitment to the Board. Commissioner Fisher recognized Vice Mayor Weiland's point and said he would normally agree with it but said he knew that Amy, while she might have missed the meetings, was very active in working for the board at workshops and events. Commissioner Fisher said he would be glad to remind Amy of the commitment involved in Board membership. Mr. Fisher seconded the motion that was carried 5-0. ]:V. ANNOUNCEMENTS & PRESENTAT/ONS: A. Announcements: First City Commission Meeting in November will be held on Wednesday, November 8, 2000 at 6:30 p.m. in Commission Chambers (Due to Election Day on Tuesday, November 7, 2000) Mayor Broening announced that the first City Commission meeting in November would be held on Wednesday, November 8, 2000 at 6:30 p.m. in Commission Chambers so as not to conflict with Election Day on November 7, 2000. Palm Beach County's annual "Paint Your Heart Out 2000" - Saturday, October 21, 2000 at 8:00 a.m. in conjunction with "National Make a Difference Day" Mayor Broening announced Palm Beach County's annual "Paint Your Heart Out 2000'; which was to be on October 21, 2000 at 8:00 a.m. in conjunction with "National Make a Difference Day". Tnterested persons must sign up with the Department of Development, Division of Community Redevelopment at the City by October 19. B. Presentations: 1. Proclamations: None Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Presentation of $10,000 donation from the Optimist Club to be used for the construction of a pavilion at Ezell Hester Community Park Mayor Broening accepted, on the City's behalf, a $10,000 donation from the Optimist Club to be used for construction of a pavilion at Ezell Hester Community Park. Wally Majors, Interim Director of Recreation, introduced the community to some members of the Optimist Club. He said the Optimist Club was an organization that focused a lot of effort on supporting the youth of the community. They raised $10,000 and had, very generously, decided to donate that towards the City's efforts to build a new pavilion at Ezell Hester Community Park. Mr. Majors introduced .lim Deland, Dr. Mark DiRoma, Shelley King, Margie Richards and Gene Paige. They all gathered around the podium for photographs and to shake the mayor's hand. Mr. 3im Deland, Optimist Club of Boynton Beach, spoke on behalf of the group and explained the Club's goals and activities. He said that the Club had been in Boynton Beach since 1992, and that basically they worked for the children of the community. They have worked with the Police and Fire Departments in such areas as bicycle safety, fire safety and most importantly, respect for the law. They had worked with Mr. Majors and the Recreation Department. They have sponsored T-Bail, Kid's Pony Ball and soccer leagues. They had intended to turn Optimist Park into a functional park and recreational park for the kids. They found a more pressing need recently in the pavilion at Ezell Hester Community Park. The Board of Directors decided to give the City $10,000 towards the building of the pavilion at the park. Mayor Broening said that events like this showed the finest characteristics of the community, when people came through when needed. He said the OPtimist Club was known for its generosity and large heart and that this was amPly demonstrated in the very generous gift to the City of Boynton Beach and to our children. He extended the City's most sincere thanks for the gift. Orientation PowerPoint Presentation - Recreation Department - Virginia Shea Virginia Shea, Marketing Manager, Department of Leisure Services, made an Orientation PowerPoint Presentation that explained the operations of the Department of Leisure Services. (A copy of the presentation is attached to the original set of meeting minutes on file in the City Clerk's Office). V, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Agenda Preview Conference of September 28, 2000 Regular City Commission Meeting of October 4, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Award the bid for "ANNUAL CONTRACT FOR AUTOMO'I-tVE PARTS/SUPPLIES", BID #095-1412-00/C3D, to various vendors as per staff's recommendation with an estimated annual expenditure of $175,000 Approve the purchase of a VOLVO WE64, MODEL 2000, ROLL-OFF REFUSE COLLECTION VEHICLE using BID #013-2516-00/SP to Volvo Trucks of Palm Beach in the amount of $76,410 Approve the purchase of five (5) utility bodies in the amount of $17,725 from Rayside Truck & Trailer, BID #039-2516-00/KR Award the bid for "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" BID #098-2111-00/C]D to Green Tree Dry Cleaners of Boynton Beach, Florida for an annual expenditure of $16,000 Approve the use of Metro serVices Consultants Incorporated for an independent fire hydrant audit based on the same pricing schedule as offered to the City of Austin, Texas (Contract #S990219) with estimated expenditures of $66,000 Approve the PURCHASE OF VARIOUS VEHICLES/NEW AND REPLACEMENT utilizing State Contracts #070-001-99-1 and #070-700- 00-1 as awarded by the State to multiple vendors in the amount of $510,967 Approve the "piggyback" of Palm Beach County Bid #99052 to Vila and Son Landscaping Corporation for replacement of palm trees on Wooibright Road medians at a cost of $13,815 Vice Mayor Weiland requested that Item V-B.5 on the Consent Agenda be removed for discussion. C. Resolutions: Proposed Resolution No. R00-139 Re: Approving a tri-party agreement between the City of Boynton Beach, Boynton Cultural Centre, [nc. and Palm Beach County Parks and Recreation Department to Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 receive $50,000 from the District 3 Recreation Assistance Program for the purchase and construction of an indoor interactive ecosystem exhibit at the 1913 Schoolhouse Museum Proposed Resolution No. R00-140 Re: Approving the reduction in surety for the water and sewer portions of the project known as Cedar Ridge PUD from $97,723 to $9,772.40 Proposed Resolution No. R00-141 Re: Approving the Software Maintenance Agreement between Queues Enforth Development (Q.E.D.) and the City of Boynton Beach Proposed Resolution No. R00-142 Re: Approving a contract with Wallace Roberts & Todd, LLC (WRT) to provide Master Planning Design and Engineering Services for the development of Tntracoastal Park Commissioner Black asked that item V-C.4 be removed from the Consent Agenda for discussion. Proposed Resolution No. R00-143 Re: Approving the renewal contract with Children's Services Council (CSC) for the 2000-2001 fiscal year Latchkey Afterschool Program Proposed Resolution No. R00-144 Re: Authorizing the execution of a proposed project agreement with the Florida Inland Navigation District for Boat Club Park Navigation Channel Dredging Proposed Resolution No. R00-145 Re: Authorizing the execution of an agreement between the City of Boynton Beach and The U.S. Department of 3ustice Office to accept a grant in the amount of $144,094 Proposed Resolution No. R00-146 Re: Approving Agreement for Water Service Outside of the City Limits with Ann Throgmorton and $1aggage Group, [nc., and Agreement with Frank von Ranler to service a future Albertson's Plaza located at the southwest quadrant of Hypoluxo Road and Military Trail 'Proposed Resolution No. R00-147 Re: Authorizing an addendum to the contract between the City of Boynton Beach and Medical Office Concepts, [nc. (f.k.a. Medical Infusion Center, Tnc.) - Deleted D. Ratification of Planning & Development Board Action: Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Quantum Lot 50B (Gale Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres Case Variance (front setback) - Gary C. & Pamela 3i Case (811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum front setback of 25' to allow a 5' front variance or a 20' front setback to construct an enhanced front entry. Case Variance (rear setback) - Gary C. & Pamela 3. Case (811 Ocean Inlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow a 9' rear variance or a 16' rear setback to construct a covered porch. Arlene Henry Variance (rear setback) - Arlene Henry (144 SE 31~ Avenue) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow an 11.9' variance resulting in a 13.10' rear setback to allow a rear addition on property zoned R-l-AA Dondi Realty Variance (Crestview) (rear setback) - Dan Hess/Dondi Realty Group Inc. - 2211 SE 3rd Street (Lot 30, Crestview Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a. to allow a two and one- half (2.5) foot reduction from the minimum twenty-five foot rear setback required within R-3 zoning district for a duplex residence Approve funding for Housing Rehabilitation Case #2-98-027, John and Louise Garvin, residing at 918 NW 1st Street, in the amount of $24,376 ($10,000 SHIP grant funding and $14,376 City of Boynton Beach Home Improvement funding) Approve the purchase of one Toro Greensmaster 3100 2WD Greens Mower with 11 blade Cutting Unit and Roller Kit utilizing GSA Contract #GS-07F-8722D at an estimated cost of $14,559.92 Approve the purchase of four .1ohn Deere 220A walking greens mowers with trailers at a total cost of $21,848 utilizing Orange County Public Schools landscape equipment bid Approve the refund of Capital Facilities Charges in the amount of $15,848.07 to the Edward .1. DeBartolo Corporation Confirm the appointment of Wilfred Hawkins as Assistant City Manager-Services for the City of Boynton Beach Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Confirm the reappointment of Dale S. Sugerman as Assistant City Manager- Utilities/CTP for the City of Boynton Beach Resolution terminating existing ingress and egress easement from .180 Ventures of Florida (PROPO$£D R£$OZO~ON NO. R00-~48) Authorizing execution of the contract for Lawrence Fence Corporation for installation of aluminum fence at Boynton Memorial Park Motion Commissioner Black made a motion to approve the Consent Agenda, as amended. Commissioner Fisher seconded the motion that carried 5-0. Item V-B.5 Consent Item for Discussion Vice Mayor Weiland discussed the Metro Services Consultants, Inc. independent fire hydrant audit, urging the Commission to table the item and ask staff to look into the possibility of doing this in-house. Motion Vice Mayor Weiland made a motion to table Consent Ttem V-B.5, pending staff investigation concerning doing the work in-house. Commissioner Black seconded the motion. Vice Mayor Weiland asked if there were a timeline on the project that would make delay disadvantageous? Dale Sugerman, Assistant City Manager, responded that there was a timeline, saying that this effort was to have the City inspect every single one of the 2,200 fire hydrants in the entire City. He said that the Fire Department was trying to get the Insurance Services Office (ISO) rating lowered. The Insurance Office is an independent office and comes in and takes a look at things like how does the Fire Department operate, how does it place personnel, and what are its response times? They also look at the structure of your water system and those fire hydrants for fighting fires. The fire hydrants are an important part of the ISO rating of our community and the auditors will be here in the spring of 2001. They will look at all of the component parts that go into the insurance rating, one of which will be the quality and status of our fire hydrants. The fire hydrants need to be inventoried and examined to assure that they are operating correctly. He commented on the suggestion of Vice Mayor Weiland to have them done in-house. He stated that the Utilities Water Division could do this and that he would be prepared to make a commitment of doing 20 hydrants a week, which would take two years. He believed it would cost as much in-house as to have this firm do it except that they could do it much faster since they would be devoted to it 100% of the time and the in-house staff would be frequently diverted to other necessary tasks. Mr. Sugerman stated that it should be kept in mind that no taxpayer dollars would be going towards this project. He urged the Commissioners to go ahead and award the contract to Metro Services Consultants so the City could get on with meeting the needs of the TSO contract. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 City Manager Kurt Bressner stated that he did not usually disagree with the Assistant City Manager, but he stated that in his experience, :[SO was more critically interested in flow characteristics and that this was not included in the contract and the City would not derive the benefit of that. He said that this job would provide an inventory that could be used to track in future years but that TSO's threshold issue was "What is their pressure?" Vice Mayor Weiland said that Utilities had informed him that they could do 4 hydrants an hour for the scope of the work called out in this contract. Mr. Robert Kenyon, Deputy Utilities Director, stated that the comment that had been made to Vice Mayor Weiland about doing 4 hydrants an hour had assumed that the individuals would be able to work 100% of a 40 hour week on the project. He said this was not realistic considering the many other jobs they were expected to do. Vice Mayor Weiland still believed that the entire job could be done between Utilities, the Fire Department and a joint team effort for a lot less money than was slated for this contract. Mayor Broening said that there had been a motion to table this item to allow time to investigate doing the job in house and that the motion had been seconded. A vote was taken and the motion was carried 4-1, Mayor Broening dissenting. Ztem V-C.4 Consent Ztem for Discussion Commissioner Black voiced his concern that if the contract were awarded to Wallace Roberts & Todd, LLC and they came up with a cost to develop :[ntracoastal Park for "X" amount of dollars, that later they might come back and say it will cost $2 million more. Mr. Wildner, Parks Director, stated that basically they had made a proposal to revise the Master Plan and that they had a lot of discussions with the Community Redevelopment Agency concerning some alterations to the Master Plan and they wanted to finalize them. He said the contract could be written in such a way that they could be held liable in some way for additional costs but he would defer to the City Attorney in this matter. One concern he had about holding them responsible for costs might be that if that was in the contract, they might be encouraged to inflate their costs. City Attorney Cherof said there was no contract in the package. He said that the agenda item was to accept the bid proposal sent as an exhibit and to authorize the Administration to prepare a contractual agreement, incorporating those terms and other terms, including some general terms. Vice Mayor Weiland wanted to add something to the contract so the City did not run into the same predicament that it ran into with Gateway Boulevard and Ocean Avenue. He stated that Mr. Aquila on the Community Redevelopment Agency informed him that Delray Beach uses this sort of device to hold their consultants responsible and accountable to come in within a certain percentage of their stated costs. He said this would be all right as long as language to this effect was in the final contract. ]! Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Hr. Wildner said the proposal indicated there would be an opportunity to refine the fee structure at the end of the revised Master Plan approval process and that this would be the appropriate time to make alterations. City Attorney Cherof said he was going to recommend that the Commission table this item since they want that kind of detail before giving approval. The contract could be returned at the next City Commission meeting. Commissioner Black wanted to make sure that by passing on this tonight, there would be an opportunity in the future when they would sit down and negotiate a contract with them. Mr. Wildner said it was his understanding that the fee structure would be negotiated once the final Master Plan occurred, but he deferred to the City Attorney. City Attorney Cherof said the Resolution went much farther than that and locked in these particular items without any consideration given to the issues raised, He recommended that it be tabled. Vice Mayor Weiland asked how this would affect the project? City Manager Bressner said it would slow it down. It would probably take us a couple of weeks to sit down with the consultant and negotiate the additional language and bring it back. There would probably be a four to six weeks delay in total, Vice Mayor Weiland asked if it would affect the dollars that were coming from Palm Beach County? City Manager Bressner did not know and said he could not speak to that unequivocally. We have an understanding that funds are headed our way but we do not have the interlocal agreement. We are working on that but until that has been approved by both the County and the City, those funds are not guaranteed. Vice Mayor Weiland stated that he did not want this to cause the City not to do the project. He just wanted to see that the consultant was held accountable to bring in this project within a certain percentage and that we are not put back in the same position that we were on Gateway Boulevard and Ocean Avenue. Mr. Wildner said it could certainly be discussed with WRT as part of the fee structure but as far as writing the contract, that would slow the process down. Mayor Broening stated it seemed to him that there was room in the contract language to make those positions very dear. He read this as an authorization to enter into a contract and it specifies a dollar amount but the terms of the contract are not before us and he did not believe there was an existing contract. This is authorization for staff to proceed with developing a contract with WRT to do the work and he did not want to see it slowed down because of a misapprehension that there was going to be something wrong with the contract. We will get a chance to look at that contract. Staff will work on it and some 4 to 6 weeks hence we will have an opportunity to look at it. Until the contract is signed, no dollars change hands. Mayor Broening suggested that this be kept in mind as the vote was taken. Commissioner Black said his question was answered and he had no desire to slow the project down. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Motion Commissioner Black made a motion to approve Consent Item V-C.4. Vice Mayor Weiland seconded the motion that carried 5-0. VT. CTTY MANAGER'S REPORT: A. Update on Capital Projects (Verbal) City Manager Bressner preSented Dale Sugerman, Assistant City Manager, who provided an overview of the capital improvement projects. He also congratulated Mr. Wilfred Hawkins as the new Assistant City Manager. Dale Sugerman, Assistant City Manager, thanked the City Commission for showing confidence in City Manager Bressner by certifying the appointment of Mr. Hawkins as one of the Assistant City Managers and confirming his reappointment as one of the other Assistant City Managers. This indirectly blesses Mr. Bressner's reorganization of his senior staff, he said. Mr. Sugerman continues to work in the Utilities Department and with The Links of Boynton Beach, but will no longer be working with the Public Works Department or Economic Development activities. He has taken an additional assignment of supervising the reformed Engineering Department and will be responsible for all capital improvement projects. Mri Sugerman reviewed the status of the current capital improvement projects. Lake Worth Lagoon Partnership Grant Program. The Tntracoastal Waterway in this part of Florida is called The Lake Worth Lagoon. It is a drainage basin and a lot of the stormwater in our community runs off of the pavement into storm drains and works its way into the Lake Worth Lagoon, and ultimately works its way out into the Atlantic Ocean. Two years ago the State of Florida, at the urging of Palm Beach County, began a grant program for communities to help clean up the pollution that enters the Lake Worth Lagoon through the stormwater system. The City of Boynton Beach is the only community in Palm Beach County that has been able to successfully obtain three grants from the Lake Worth Lagoon Partnership Grant program and when the selection committee met in September, Boynton Beach was awarded $325,000 toward its third project in three years. This project entails a series of pollution removal devices that will be inserted into existing outfalls that go into the Intracoastal Waterway at 20 different locations throughout our community. Currently there is no pre-treatment in these areas so dirty stormwater runoff is going into the waterways. This program will provide 20 pollution control devices for $725,000. The grant program will be picking up 45% of it. An interlocal agreement is in the works and will be brought before the Commission soon. 2) Ocean Avenue Bridge 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 He said that the Ocean Ridge side had already been put in the down position and balanced and that Boynton Beach's side would be put down and balanced in the next two weeks. Asphalt will be going down this week. There was a 90% completion walk-through today and it is almost done. The opening date is tentatively scheduled for November 18. It has been delayed due to the two weeks of torrential rains at the beginning of this month. 3) Industrial Avenue Stormwater Improvements The first set of design plans for the stormwater improvements on Industrial Avenue are completed. A public preview meeting will be held with all the property owners on Tndustrial Avenue and West Tndustrial Avenue on Wednesday, November 1, 6:00 p.m. in the Chambers. The City is looking for feedback on the initial design. There are two concepts in mind: 1) making Tndustrial Avenue one-way north with West Industrial Avenue being both directions; 2) a design that will allow for on-street parking. 4) Costa Bella Stormwater Tmprovements The consultant is very close to getting the design completed and a meeting is scheduled in the next two weeks to see the preliminary plans. A meeting will be scheduled at that time for citizens of that neighborhood. 5) Gateway Boulevard Improvements Mr. Sugerman reported that this project was seriously behind schedule but that the construction phase was near its end, to be followed immediately by the liquidated damages phase. It is anticipated that the construction phase will be completed by December 31, 2000. 6) Lift Station Beautification - Master Lift Station 309 316 and 317 Clearing, irrigation and landscape improvements are underway at all three stations and should be finished before the first week of November. 7) Ocean Avenue Promenade This project got underway on September 6. The work being done at present is underground utilities so the streets are being torn up and the replacement utilities are going underground. was initially thought that it would be better to maintain one-way traffic from project beginning to project end, but we discovered that Ocean Avenue in the 200, 300 and 400 block is very narrow. The contractor is doing his construction in one lane and trying to keep traffic going eastbound in the other lane, but they are moving front-end loaders and shovels in and out of the traffic lanes and it is a dangerous situation. From time to time, a part of a street may have to be closed for a day or two with as much advance notice as possible. A construction meeting is held each and every week with all of the participants, including the merchants. The merchants are now of one mind that they would rather have short bursts of the street being completely closed rather than trying to keep one lane partially open from time to time. The current thought is that if the contractor is willing to revise his schedule, would he be willing to 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 close the entire 500 block of Ocean Avenue from 4'th Street to U.S. 1, get in and do not only the underground but the street service, the planters, the light poles, and the sidewalks? The merchants asked for that. The word from the contractor (prior to formal notification) was that the contractor appeared to be willing to modify the schedule, and go into and out of a closed 500 block of Ocean Avenue in a period of between 45 and 60 days. He is making a commitment that he would have it closed and done and reopened with a finished 500 block before the end of the year. This will only be done if all the players are in favor of it. The balance of the work will still be one side at a time with one-way traffic and updates will be provided as the work progresses. Mr. Sugerman emphasized that it was a bit of a dangerous situation for the motoring public and asked that people avoid this construction zone if at all possible. Mr. Sugerman commented that there was a monthly newsletter for the project and that if anyone wished to be placed on the newsletter distribution list, to contact the City Manager's office. 7) Deep InJection Well Project As a result of a serious lightning strike sustained by the deep injection well at the West Water Treatment Plant in July of 1999, the well developed some leaks. This is a well where the waste that comes out of the water treatment process is injected into the boulder zone, 3300 feet down in the ground. Tt is permitted by the Department of Environmental Protection and is heavily regulated. Quick fixes have not been successful and the well must be removed from the hole section by section, be repaired or replaced, and put back down. The cost is going to be close to $:L million as opposed to a $3.5 million replacement well. We are working with DEP to get the approval for the plan of action to make these improvements and will enter into what is called a Consent Order with DEP to make sure it happens properly and in a timely fashion. The good news is that taxpayers will not have to pay for this. No tax bill will be affected. It will come from the utility rates so the system will pay for it. A full briefing packet has been provided to the City IVlanager who can make copies for interested parties. The Consent Order will be brought before the Commission in the next month or two. 8) Pond B The first phase was to award a contract to our design and build contractor. The City had an obligation to take the stormwater runoff from the Ocean Avenue Bridge by the end of October and that constitutes Phase :[ of Pond B. The Pond itself can take the Ocean Avenue Bridge stormwater runoff. The deadline for doing so is October 20 but will probably be delayed due to the two weeks of torrential rains earlier in the month. Phase 2 goes through the spring of next year and includes the underground pipelines through the neighborhoods that get the stormwater there, the benches and landscaping we will have around the pond, and the gazebo that is to be built. The deadline for completion is the end of March and it appears that this project will be on time. ]5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Mayor Broening thanked Mr. Sugerman for his report. AT 7:55 P,M. A RECESS WAS DECLARED. THE MEETTNG RECONVENED AT 8:10 P.M, VII. PUBLTC HEARING: Project: Agent: Owner: Location: Description: Quantum Park Business Center Lots 32-38, Eugene A. Gerlica, Mock, Roos & Associates, Inc. Gateway Business Park L.C. North of the intersection of Gateway Boulevard and Quantum Boulevard, Lots 32-38 in the Quantum Park PID Request for utility easement abandonment between Lots 32-33 in the Quantum Park PID At this point City Attorney Cherof administered the Oath to all persons who planned to speak on either of the two items on the agenda during Public Hearing. Attorney Cherof asked the speakers to identify themselves by name, address, and whether they had any special qualifications pertaining to the testimony they would be giving. City Attorney Cherof said that there were no staff conditions of approval so there would be nothing for the applicant to comment on. Motion Commissioner Black made a motion to approve the utility easement abandonment between lots 32-33 in the Quantum Park PTD. Commissioner Fisher seconded the motion that carried 5-0. Project: The Grand (a.k.a. OZONE) Agent: Harvey H. McClintock Owner: Cai Brockdoff Location: Gulf Stream Mall, 2637 S. Federal Highway Description: Request for conditional use approval for a bar/cocktail lounge at the Gulf Stream Mall within 600' from a residential zoning district City Attorney Cherof commented that there were 17 staff conditions of approval and asked that the applicants address the conditions that were not acceptable and needed to be discussed. The applicant stated that he did not take issue with any of the staff conditions. Commissioner Fisher asked about a letter received from the City of Gulf Stream, which contained requests for conditions that he did not believe were part of the staff conditions, specifically the need for on-site uniformed security. Alter some discussion, Michael Rumpf, 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Planning & Zoning Director stated that this had been included in the Planning & Development Board comments, item number 16. Commissioner Black asked Mr. Rumpf when the Certificate of Occupancy would be issued? Mr. Rumpf said staff's current position was not to favor or support temporary Certificates of Occupancy. Mr. Bressner stated that a temporary Certificate of Occupancy would not be granted. Kristin Garrison, Town Manager, Town of Gulf Stream, approached the podium. She stated that several residents of the Town of Gulf Stream were in attendance and had offered her their speaking time. She requested that she be allowed to pool that time to speak, which the Mayor granted. She spoke as a City Manager and an urban planning professional. She said she had undergraduate and Masters degrees in Urban Planning and membership in the American Tnstitute of Certified Planners. She also sits on the local professional organization's board and worked for Palm Beach County for eight years, first as Zoning Director and then as Director of Planning, Zoning and Building for the County. She is currently the Town Manager and Planning and Zoning Administrator for the Town of Gulf Stream with more than fifteen years of highly responsible planning experience. She reviewed the application, the surrounding area, and major portions of Boynton Beach's Code of Ordinances, particularly the Land Development Regulations. They have four primary areas of concern: l) 2) 3) 4) the appropriateness of this particular land use at this location parking sufficiency security noise impact Ms. Garrison produced an aerial map of the area and proceeded to describe the location on the map for the participants. The most important area from her point of view was the Place au Soleil neighborhood that is directly across Federal Highway from the Gulf Stream Mall. Nearly every jurisdiction in this area does have a single-family neighborhOod that surrounds the proposed site. Ms. Garrison spoke concerning the appropriateness of this particular land use at this location, referring to the hierarchy of commercial districts found within the Boynton Beach Code of Ordinances. The C-! district is office/professional; C-2 is called neighborhood commercial, for uses that serve the immediate neighborhood in which they are located; then C-3, community/commercial, and that is what this property is zoned. Ms. Garrison read an excerpt from the Boynton Beach Code of Ordinances: Purpose Statement for C-3 Zoning District: 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 "These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services located centrally and accommodating three or four neighborhoods and located adjacent to at least one major thoroughfare." Clearly when the shopping center was first built, it did adhere to the intent of the zoning district in which the shopping center was located. Ms. Garrison submitted into the record two exhibits: (A) Reduced version of the aerial map of the surrounding area and property in question; (B) Excerpt from Boynton Beach Code of Ordinances detailing Community Commercial District, C-3. The type of use being proposed is one that struck her as something similar to the Sunrise Theater and as something that might be marketed through Ticketmaster, and clearly was one that was designed to have a regional draw. The applicant's intent is to pull people not only from Palm Beach County but possibly even from our neighboring towns. That is a regional draw. That is a regional facility and it is not appropriate for a Community Commercial District and a community shopping center. The four neighborhoods she had pointed out on the map earlier should, she said, be the customer base for the shopping center, not the recipient of impact for the uses that go into that center. Ms. Garrison's second major concern was .parking sufficiency. This center was originally designed as a 74,000 square foot community shopping center and has only the parking to accommodate community-oriented uses. Tn looking through Boynton's Code, the conversion of a leased space to intensify the use and add an additional principal use, which this is, requires increased parking. Calculating it even in what she considered to be a somewhat generous way, either as a bar or assembly facility and assuming that the remainder of the center was retail, her calculations showed that the parking requirements would be 485 spaces minimum and this was before the proposed billiard hall entered the picture. Only 440 parking spaces exist on the site, resulting in a deficit of at least 45 spaces. She entered into the record the calculations for parking spaces, Exhibit C. She stated that if the facility was to be successful (and that this should be the goal in order to protect the citizens), they had severe concerns that parking would overflow into their neighborhood streets. Her third concern was security. She stated that they had the utmost confidence in the Boynton Beach Police force. In the event of a large concert, the normal forces should be supplemented significantly in order to protect the surrounding residential neighborhood, at the operator's expense. She was not sure how the staff condition was worded but their request was that the operator be required to provide significant additional forces if this land use was approved. There is a very strong need for constant parking lot control during all hours of operation. This is based on their experiences when the facility was opened in the spring of this year. ]8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 The fourth concern was noise. Typically, in looking at a proposed land use, thoughts of anticipated impacts can only arise from considering similarly-situated uses in other areas that we have been able to observe. :In this particular case, they had a unique opportunity in that they had lived with a facility in this exact same location but at what appears to be a lesser intensity level. She understood that the applicant was now proposing to intensify the use that they experienced earlier this spring. When we have concerns about noise they are not based on conjecture. They are based on the actual experiences of our residents in the Place au Soleil neighborhood. There is an inherent incompatibility, she said, between the proposed facility and the surrounding single-family neighborhood. More importantly, the impact of this use on surrounding properties cannot be adequately mitigated at this location. It does not meet the parking requirements and is inappropriate for the C-3 zoning district. The definition of conditional use in Boynton Beach's Code is a use that "if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the city." Ms. Garrison submitted into the record Exhibits D and E, excerpts from the Boynton Beach Code. They respectfully requested that the Commission very carefully consider whether it was realistically possible to mitigate the negative impacts of this facility on the surrounding residential areas, not only in the Town of Gulf Stream, but in Boynton Beach, Delray Beach, and in the unincorporated County area. Hs. Garrison thanked the Planning staff who had been most professional and responsive throughout her inquiries, The City should feel very proud of the way they treat a neighboring community. She also appreciated the courtesy of the Commission's attention to their thoughts this evening, Mr. Anthony Tang, 2774 Avenue Au Soleil, occupant of Town of Gulf Stream, spoke in opposition to the proposed facility. He is the occupant of the first house as you enter Place au Soleil. He read a brief statement. He said in his statement that he rose to oppose the proposed entertainment complex on the following grounds. His house is the closest house in relation to the proposed site for the entertainment complex. Tt is no more than six hundred feet from the complex. For this reason he and his wife would feel the problems more keenly than their neighbors would. Earlier this year when a similar club was on the present site he and his wife were awakened several times in the early morning hours by loud fighting, screaming and cursing coming from the direction of the club. The parking lot would be littered with empty cans and bottles the next morning. The proposed complex has a seating capacity in excess of 1,000, promising to be the worst public nuisance to the tranquil environment of a residential zoning district. The scale of the proposed project threatens to overwhelm the mall's parking facilities. There is no assurance that the overflow would not spill over into Place au Soleil. At the very least, unauthorized entry and intrusion is likely to occur in the neighborhood. Gulfstream Hall, by its modest size and atmosphere, is supposed to be a local community mall. The proposed huge complex would alter the atmosphere completely. Tt does not belong there. Tt, along with Aphrodite's, is likely to turn the mall into a location that will attract other, similar 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 businesses, thus changing the tone of their community. He believed that changes to the mall would have an adverse impact on his neighborhood's residential property values. Robert Dittman, 925 Orchid Lane, Gulf Stream, approached the podium. His house was about 650 feet from the proposed club. He was speaking as an individual and as president of their Homeowner's Association. He said the shopping center had been initially conceived, designed and approved as a community, neighborhood type of shopping center. The applicant, however, stated at a Planning and Zoning meeting he attended, he learned that the applicant's business plan revolved around drawing people from outside his area, to have a mini-Sunrise, and to sell tickets through Ticketmaster. This would be a problem if there were any degree of success because the parking is scarce. There is no on-street parking on this stretch of Federal Highway nor is there on Gulf Stream Boulevard or Dixie Highway. They don't want the additional traffic of people trying to find the place. He said the facility was approved for uses in harmony with the neighboring residential areas, schools and churches. The success of such a business will bring more noise. His personal experience was that he had to close his windows to keep the noise out and on warmer nights, he had to turn the air conditioning on to baffle the noise. He spoke of his association in the eighties with an organization called the North Federal Highway Task Force. Their efforts were to try to clean up a Federal Highway riddled with county pockets and approve the types of businesses located in that area. Boynton Beach was a real good partner in that endeavor and he remembered coming to the City and encouraging the Commission to approve an ordinance that kept out the precursor to Aphrodite's. Unfortunately, a Federal Court found a loophole and it came in anyway. IVlr. Dittman said he hoped the Commission would do its best to keep the shopping center the type of place it was supposed to be. They already have an Aphrodite's there that is more of a regional draw and not the type of local facility that was originally approved for this area. They want to keep it the way it is. The police force is undermanned and the City of Boynton Beach does not need to lose more of its force down in the south end of town. Robert Ensler, 26 Woods Lane, Boynton Beach, thanked the Commission for appointing him to the Planning & Development Board. He said that he was present at last week's meeting on the subject of the proposed facility and shared some thoughts with the Commission about it. Tn his mind there were two issues. One of them was an engineering issue and he commented that he was a graduate engineer and had been in a number of professional societies. At one time in his career he was involved in a design effort for an office situation where the matter of acoustics and decibels came up. He went to the Boynton Beach Code and found a Section 15-8.8 that established the decibel levels that were acceptable coming from any kind of facility. [t stated that during the evening from 10 p.m. to 7 a.m. in the morning, the sound level at the residential area shall not exceed 55 decibels. That is very Iow. Mr. Ensler brought with him and turned in for the record a decibel chart he had gotten from the Internet. For example, most brass runs between 90 and 110 decibels. When you go from sixty to seventy that is an order of magnitude so it is ten times as loud. When you go from 4 orders of magnitude, which is what you have to have for brass, it is 2O Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 about 10,000 times the noise level that is acceptable at the home. You need to design the facility to make sure that you control the sound. This shopping center, to my knowledge, was not designed for that purpose. Tf you go to rock music that goes up to 120 decibels which is one million times the sound level that is acceptable. Mr. Ensler questioned the requirements for nightclubs and said they should be more severe than for cocktail lounges. He said the current application was not a nightclub and was being done under nightclub regulations. He suggested this might not be one that the City wanted to pass. Cai Brockdorff, Owner, Proposed Facility, Ozone, spoke about why the project would be good for the City and why he believed that he brought forth a good team to execute it in a way that would be positive for the City. He reminded everyone that the shopping center that had been spoken of in such glowing terms was a shopping center that had been foreclosed on several years ago, had been vacant and in a five month period as recently as five years ago there were 33 arrests for prostitution in the parking lot. The spot they are proposing to take has been vacant for approximately five years. The center, before the current landlord took over, had been in disrepair and had been somewhat of blight on the City. It had had a lot of issues with homeless residents, prostitutes and so forth. What he was proposing to do had nothing to do with the previous operators. His research led him to understand the representatives of The Grand operated a club in Canada and were run out of Canada for the same disregard for the community and problems with law enforcement that they encountered down here. He was proposing something-that would bring in a high level of quality entertainment to the City for both the enjoyment of City residents and the people in the immediate surrounding areas. They planned J to bring in shows that other~vise may go to Miami or Ft. Lauderdale. Boynton Beach does not currently have the type of venue that they were proposing. He stated that the facility would be at the southern gateway to the City and he did not think that the condition of the center, at least for the last five years, was the impression the City would want to make to represent what Boynton Beach was all about. He was very empathetic of the resident's concerns; however, he corrected some factual misrepresentations based on his research. Regardless of the decibel level indoors, if the doors were closed, very little if any noise would be heard outside of the center. When they were required to gather a list of residences within 600 feet of the property, there were only 38 residences that were within 600 feet. With the sound-absorbent materials with which the building was constructed and with the doors closed, it is highly unlikely that any of these residences would be disturbed by noise. They did have problems with noise with the previous operators because they operated the facility with the doors open. Not only would they have the one set of doors closed except for the entrance and exit of people, but he said that they had responded to the requests of the City and agreed to construct a double set of doors that would remain closed to make sure that noise did not escape the building to disturb the residents. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Another issue was parking and traffic control. With respect to all that had spoken previously, there was more than adequate parking to meet the City's own requirements for this usage. In regard to traffic control, they had made arrangements to have a large number of off-duty Boynton Beach police officers help them with the flow of traffic to insure there would be no interference with the local traffic. Also they would have external security to make sure that there would be no noise or problems outside the facility. He stated that he and his mother and brother had operated a similar establishment in Baltimore, Maryland. He had with him copies of letters from the Baltimore City Police Department, the Baltimore City Liquor Board, and the president of the Community Association in which their club was located. He read excerpts of the letters, which indicated that there had been no problems registered with these agencies in the five years their club had been at that location. The letters included one from the Community Association in which the club was located, also indicating that they had been good neighbors. Mr. Brockdorff distributed copies of these letters to the Commissioners. Mr. Brockdorff pointed out that it was possible to have the exact same business in the exact same location, under two different sets of management, and get dramatically different results. He stated that he had the documentation that they had done this successfully in the past and he asked for permission to duplicate that success in Boynton Beach, for the good of Boynton Beach and its residents. He said they had participated in community association meetings in Baltimore and intended to participate in community association meetings in this area also. Commissioner Fisher asked IVlr. Brockdorff if he believed he could stay within the noise guidelines of the Boynton Beach code at his establishment? IVlr. Brockdorff said he was 100% confident that the noise levels would be kept within the Code. Commissioner Fisher also asked if they would be willing to guarantee six dedicated police officers during their events, to secure the neighborhood while their events were going on? IVlr. Brockdorff said they had no problem with that with one exception, and that was that there would be small events from time to time, which would draw as few as 100 to 300 people. He said they would have from 10 to 15 of their own security staff in place and it may be appropriate for the smaller events to have two, three or four law enforcement officers. He was willing to ensure that they would always have off duty police officers during any event and in any event that was even likely to draw a large crowd, they would have no problem committing to having six officers. Tf six turned out to be inadequate, they would have more than six. He had spoken to the Boynton Beach Police and they said they had sufficient officers who would be available. Commissioner Fisher said there was an opportunity for this type of venue and that he and his wife did not like driving to IVliami either. His concern was the feelings of safety in the neighborhood and he was looking for a minimum number of policeman, even if a time limit were set on the number of officers required. If the neighborhood feels comfortable that you are running a professional establishment, then we could go down from six to four. Mr. Brockdorff said that he could make a commitment for a reasonable period, such as for a six month period, that there would be a minimum of six off-duty police officers there at the time when performances were scheduled. He spoke of their hope that the business would thrive 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 over the long term and that it needed to do so with cooperation from the community, its residents and law enforcement officers and city officials. Otherwise, even if they were legally entitled to exist, their lives could be made so miserable that they would not want to. City Manager Bressner asked for the name of the business they had in Baltimore and Mr. Brockdorff stated it was Kimmico, :[nc., 5520 Pennington Avenue, Baltimore, Md. Mri Bressner asked Mr. Brockdorff if the business in Baltimore was the same type of business he planned to open here? Mr. Brockdorff mentioned that it had entertainment but was a smaller venue. The entire building was 10,000 square feet as opposed to this, which is larger. However, it was much closer to the community and there were more residences. Mr. Brockdorff also read an excerpt from a letter from the Boynton Beach Chamber of Commerce in support of the project, signed by Diana .]ohnson, president of the Boynton Beach Chamber of Commerce. He quoted from the letter as follows: "As you are aware, the Gulfstream Mall has been mostly vacant for many years and is prone to attract businesses that are detrimental to the City's image. T believe that Mr. Brockdorff's business plan is one that will enhance the area of the mall, and boost the local economy. The Chamber hopes that you consider the request positively for the conditional use permit." Mayor Pro Tem Sherman asked about the signage planned for the establishment? Mr. Brockdorff said there would be storefront signage that would meet whatever permitting requirements were required. He would imagine it would be approximately the same size as what was up there now and would be affixed to their part of the center. Mayor Pro Tern Sherman also asked what market they were going after? Mr. Brockdorff said the market would vary from entertainer to entertainer but that younger people would probably predominate. Vice Mayor Weiland said that the proposed building site used to be a Winn Dixie and he questioned whether it had been built with noise concerns in mind? Mr. Brockdorff replied that it had not been intentionally built to be sound resistant but to be sturdy and long lasting. When the issue of noise was brought to their attention, they had their architect research the building materials and nature of construction and in layman's terms, the architect said "the building is about as sound-resistant as it can be". Vice Mayor Weiland was concerned about the neighborhoods'around it. He believed there would be people wandering around in search of the proper directions and going into Surrounding neighborhoods and turning around. He recalled the time when Aphrodite's used to be a Ponderosa Steak House. :In his opinion, Aphrodite's was not a desirable tenant and now, with The Ozone, there would be a club that would hold concerts. He felt it would be cause for other businesses to avoid the mall. Vice Mayor Weiland was also concerned about the parking arrangements at the mall. He said if The Ozone were successful, it would have to share the parking lot with other tenants who would be open at night till 9 p.m. and The Ozone would be likely to prevent the existing tenants from finding a place to park to conduct their business. He recalled when there was a bar called Tadpoles and he said that up until 2 or 3 o'clock in the morning there were a lot of cars there for a very much smaller establishment than The Ozone. He imagined if there were 1000 people present for a concert at The Ozone, the parking would 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 be insufficient. He believed that the idea was possibly great but that the location was not the right choice for the business. Mr. Brockdorff responded that they proposed bringing a business into the center that would not interfere with the daily operations of the tenants because most tenants would not be open during their hours of operation. Their major contribution to the center and to the other tenants would be the fact that they would be paying rent and keeping it out of foreclosure. There hasn't been a major tenant in that center for at least five years since Winn Dixie moved out. He suggested they were the best alternative that had come forward to propose any use for the center. They had put a lot of thought and planning into the project to insure that it would be done correctly. He was asking that they be given an opportunity. :If it turned out to be a mistake, he said, the City had at its disposal more than enough legal vehicles to get them out of there. They would then be "cutting their own throat". He thought it was fair to allow them the opportunity to try to prove that they were a better alternative than drug dealers, winos, homeless people, and prostitutes for that center. Commissioner Black commented on Mr. Brockdorff's earlier statement about off-site parking and asked if he had spoken to the people across the street who had parking that was not used at night? He asked if there were lease agreements in the works? Hr. Brockdorff said that the shopping center and the sides of the property, which were part of the property, contained enough parking spaces to meet the requirements. There is a lot with approximately 150 spaces across the street that is not in use in the evening and has no signs prohibiting parking. There is nothing to indicate that there is an objection to evening parking. City lVlanager Bressner said that it was private property and that they needed to get permission from the owner to park there. Mr. Brockdorff said that he knew available parking was enough to meet the legal requirements and that there were other options that may be available should they prove to be desirable. Commissioner Black asked Fir. Rumpf if staff believed this project was suitable for its C-3 designation? Mr. Rumpf responded, saying that the City had not been approached, nor has it had to address, accommodate and evaluate similar uses. They have considered bars and cocktail lounges on a smaller scale. Would the City like to expand its entertainment base? Yes. This zoning district is the most intense retail and commercial zoning district that exists in the City. The Boynton Beach Mall is zoned C-3 and it has many more residences than this shopping center does less than 100 feet from the periphery of the project with much higher and brighter lights around it. There is no activity going on as late as 2 or 3 o'clock in the morning but that is the most intense zoning district in the City. Vice Mayor Weiland asked Mr. Brockdorff what hours his establishment would be open? Mr. Brockdorff said it would vary from show to show. He anticipated that they would not be closing before I or 2 a.m. They believed this is a positive thing as far as control of traffic was concerned. He said it would be typical for a concert venue to have a huge inflow of traffic prior to the event and a huge exodus right after the event. Their intent was to stay open after the event had ended. They hoped to stagger the exodus of people and minimize the impact on traffic and make the business proposition more attractive. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Vice Mayor Weiland asked when the shows were over, would they still be open for two more hours serving cocktails? Mr. Brockdorff said they had no intention of closing prior to 2 a.m. He was anticipating that based on the type of show playing, it would be conceivable that some shows would end at 11 p.m. or midnight. Vice Mayor Weiland asked what would happen if they did not have a show lined up? Mr. Brockdorff said they would be closed. Mr. Brockdorff said that there had been a special set of unfortunate circumstances that caused them to be standing before the Commission. He related that there had been a nightclub open earlier this year under some other operators and they were under the understanding that all they had to do was correct the building deficiencies to move forward. They began making investments and commitments in excess of $100,000. Tt was brought to their attention that there had been an oversight that had allowed this business in the first place and they were not allowed to have the business there. The Planning and Zoning Director, Mike Rumpf and the Building Department's Mr. Don Johnson, were extremely helpful in steering them through the process. They had a significant financial exposure due to no wrongdoing of their own. Vice Mayor Weiland referred to the applicant's having gone forward and spent in excess of $100,000 for the project. He asked if at any time staff told him to move forward with it? He said this was a business decision on his part and perhaps he should have looked it into it more deeply. Mr. Brockdorff responded that the City had in fact issued a Certificate of Occupancy for a nightclub operation at this location. If a person came in as a business operator and you saw that a grocery store was in a location and then came in to replace that grocery store with another grocery store, a reasonable person would say that a grocery store was a permissible use there. Based on an official communication from the City of Boynton Beach, they were under the understanding that all that needed to be done was to correct some building deficiencies so that it would pass inspection. They then began making investments and commitments because there is a long lead-time in arranging for acts to come in. Tt was not until a little over a month ago that they were notified that special permission would be required to have this use. Vice Mayor Weiland said that in a neighboring municipality, Ocean Ridge, they are trying to get rid of the last few commercial retail businesses they have in their town to become a better community. [f T saw a business there that appeared to be vacant, without going to the Town Hall and asking if there was any reason that T could not reopen a business there, ! would not have sufficient information on which to base a decision or to make investments in an idea. He felt that a businessperson should not make assumptions and that it was up to them to assure themselves that it was allowable. Mr. Brockdorff said that he believed that his actions were based on communications that would have led any reasonable person to make the same assumptions that he did. He was not blaming the City for this and was thankful for their assistance. Mayor Broening said he had the memorandum from staff listing the standards for evaluating conditional uses and their analysis. There are twelve separate items, which include all of the items, with the exception of the last one, and it has satisfactorily gone through the tests of our staff on those twelve conditions. Additionally they went before the Planning & Development Board who approved the use 6-1 and the applicant has agreed to address Commissioner 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Fisher's concerns about the six-month period during which the applicant would assure appropriate security would be on hand. Additionally, The Ozone is not the Grand, and has nothing to do with the former owners. Mayor Broening requested a motion to approve. Motion Commissioner Fisher made a motion to approve with the additional condition that for a period of six months following issuance of a Certificate of Occupancy, the applicant shall provide a minimum of six off-duty police officers during all scheduled shows or performances. Thereafter, the applicant shall meet no less than monthly with representatives of the Boynton Beach Police Department and shall, in consultation with the Police Department, maintain adequate security in relation to all shows or performances at the Ozone. Commissioner Black seconded the motion that carried 3-2, Vice Mayor Weiland and Mayor Pro Tem Sherman dissenting. VIII. FUTURE AGENDA ITEMS: Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (November 21, 2000) B. Presentation by State Representative Addie Green (November 8, 2000) C. Discussion regarding reduction of Code Compliance fines (November 8, 2000) D. Future Annexation Areas (November 21, 2000) E. Report on CRA Appointment Process (December 5, 2000) F. Proposed Policy for Community Activity Grants G. "Name Pond B" Contest H. Review of Cemetery Operations IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. City Manager's Six-month Appraisal Mayor Broening stated that each of the Commissioners had received a package pertaining to the City Manager's Six-Month Appraisal. Motion 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Commissioner Black made a motion to reaffirm Mr. Kurt Bressner as City Manager. Mayor Pro Tem Sherman seconded the motion that carried 5-0. Mayor Broening said he wished everyone had seen the list of achievements of Mr. Bressner over the past six months and that they had been considerable. It was notable, he said, that Mr. Bressner does not take sole credit for much of anything. He is a team builder, project manager, and leader who uses the resources of the City in a very intelligent, creative, and effective way. Mayor Broening extended the congratulations of the Commission to Mr. Bressner. Mr. Bressner said thank you and that it was great to be here. XT. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, O00-49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wall murals ((7',4~'Z£D OAflO/4/gg.)- Request Ttem be tabled to November 21, 2000 Motion Vice Mayor Weiland made a motion to table Proposed Ordinance No. 000-49. Black seconded the motion. Deputy City Clerk Janet Prainito polled the vote. unanimous. Commissioner The vote was Proposed Ordinance No. O00-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7,~ Planned Industrial Development Districts, to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing procedures for review City Attorney Cherof read Proposed Ordinance No. 000-52 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black made a motion to approve Ordinance No. 000-52. Commissioner Fisher seconded the motion. Commissioner Fisher wanted to verify that staff was comfortable with the final version and received assurance that it was. Deputy City Clerk Janet Prainito polled the vote. The vote was 5-0. 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Proposed Ordinance No. 000-54 Re: Amending Chapter 26 entitled "Water, Sewer and City Utilities'; amending Section 26-8.1 to provide for commencement date for utility services billing cycle, and to provide a definition of base facility charge; amending Section 26-9, Schedule TT (B) to provide billing formula for multi-family buildings in which several dwelling units are serviced by one meter; by amending Section 26-406 to provide billing formula for the "Fee in-lieu of" capital contribution for properties redeveloping within the downtown stormwater improvement watershed City Attorney Cherof read Proposed Ordinance 000-54 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black made a motion to approve Proposed Ordinance No. O00-54, Commissioner Fisher seconded the motion. Deputy City Clerk Janet Prainito polled the vote. The vote was 5-0, 4. Proposed Ordinance No. 000-55 Re: Amending Land Development Regulations to include nightclubs City Attorney Cherof read proposed Ordinance No. O00-55 by title only. Motion Commissioner Black made a motion to approve Proposed Ordinance No. O00-55, Commissioner Fisher seconded the motion. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Robert Ensler, 26 Woods Lane, Boynton Beach, spoke in favor of adding a requirement for an acoustic plan to Ordinance 000-55. He said the City had requirements for signage, landscaping, and colors, but when it came to nightclubs, the most important factor was noise and it was not addressed in the ordinance. He said there was an acoustical specification but if the specifications are not met, it was only a misdemeanor. He believed it would valuable, as part of the planning process, to have people submit acoustic plans done by a professional acoustic engineer. He said there did not appear to be any minimum distance between a nightclub and a residential area and the current requirements are conditional. He believed there should be a minimum distance between nightclubs or residential areas or there would be no approval. Tn the Palm Beach Code, they recommend a distance between nightclubs and he did not think that putting two so close to each other (referring to Aphrodite's) was a good idea. He further questioned whether C-3 was appropriate for that kind of facility. He suggested the 2g Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Planning Department consider other zoning districts to find the most appropriate one for a nightclub. Commissioner Fisher asked Mr. Quintus Greene if, as they were doing the evaluation for the Federal Highway Corridor, there would be better language to answer this type of thing? Mr. Greene said that was one of the things they would be looking at. Mr. Greene commented that all nightclubs were conditional uses so it did not matter how far they had to be from a residential area because they would have to come to the City to ask for a conditional use permit. He further said that when considering applications for conditional uses, the distance between nightclubs would be one of the things to be considered. He believed that one needed to be careful, however, because there were places in Boynton Beach where there are clusters of several restaurants. It is quite conceivable that one or more of those restaurants would fit the definition of a nightclub and they are very near each other. Mr. Greene said the City may not wish to put this in as a criterion but rather, it should be looked at as part of the conditional use process. Speaking to the appropriateness of C-3, the Ordinance as proposed looks at a C-3, C- 4 and the Central Business District as the only districts where nightclubs, as a conditional use, are allowed. He believed staff had tried to address most of these particular issues. Deputy City Clerk Janet Prainito polled the vote. The vote was 5-0. Proposed Ordinance No. 000-56 Re: Approving the abandonment of a portion of East Railroad Avenue between SE 10th Avenue and SE 8m Avenue City Attorney Cherof read the Proposed Ordinance No. 000-56 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion Commissioner Black made a motion to approve Proposed Ordinance No. O00-56, Vice Mayor Weiland seconded the motion. Deputy City Clerk Janet Prainito polled the vote. The vote was 5-0. Proposed Ordinance No. 000-58 Re: Amending Chapter 2, Section 11.L to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10) acres or more, and approved as conditional uses under separate development standards and Iocational criteria City Attorney Cherof read Proposed Ordinance No. 000-58 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Motion 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Commissioner Black made a motion to approve Proposed OrdinanCe No. 000-58. Commissioner Fisher seconded the motion. Deputy City Clerk Janet Prainito polled the vote. The vote was 5-0. B. Ordinances - ist Reading 1. Proposed Ordinance No. 000-59 Re: Expansion of CRA Boundaries City Attorney Cherof read Proposed Ordinance No. 000-59 by title only. Motion Commissioner Black made a motion to approve Proposed Ordinance No. 000-59. Fisher seconded the motion. Deputy City Clerk Janet Prainito polled the vote. 5-0. Commissioner The vote was Proposed Ordinance No. 000-60 Re: Amending the codified Charter, Part T, Article IT, by creating a new Section 25. entitled "Code of Ethics" City Attorney Cherof read Proposed Ordinance No. O00-60 by title only. Motion Commissioner Fisher made a motion to approve Proposed Ordinance No. 000-60. THE MOTION DIED FOR LACK OF A SECOND. Proposed Ordinance No. O00-61 Re: Amending the codified Charter, Part I, Article TT, by creating a new Section 24. entitled "Attendance at Meetings'; providing for a set procedure for attendance at Commission meetings City Attorney Cherof read Proposed Ordinance No. O00-61 by title only. Motion Commissioner Fisher made a motion to approve Proposed Ordinance No, O00-61. THE MOTION DIED FOR LACK OF A SECOND. C. Resolutions: 1. Proposed Resolution No. R00-149 Re: 2000-2001 City Objectives Approving the 30 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 City Attorney Cherof read Proposed Resolution No. R00-149 by title only. Motion Commissioner Black made a motion to Commissioner Fisher seconded the motion. The vote was 5-0. approve Proposed Resolution No. R00-149. Deputy City Clerk .lanet Prainito polled the vote. 2. Proposed Resolution No. R00-:L50 Re: Approving the 2000-2002 Capital Tmprovement Priorities City Attorney Cherof read Propose Resolution No. R00-150 by title only. Motion Commissioner Black made a motion to Commissioner Fisher seconded the motion. The vote was 5-0. approve Proposed Resolution No. R00-150. Deputy City Clerk .lanet Prainito polled the vote. D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #96-5573 (2131 NW 1st Street) from $21,825 plus $730.15 in administrative costs, to $2,000 plus administrative costs. Scott Blasie, Code Compliance Administrator, said the Code Compliance Board voted unanimously to reduce the fine to $2,000 plus administrative costs. Motion Commissioner Black made a motion to approve the fine reduction in Case #96-5573. Vice Mayor Weiland seconded the motion. Commissioner Fisher asked that Mr. Blasie explain the nature of the case and Whether it was for trash or some other violation. Mr. Blasie said it had been mainly for yard, trash and debris and that the actual violations were to sod or seed the yard and swale and repair or replace driveway apron. The vote was 4-1, Commissioner Fisher dissenting. 31 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Reduce the fine in Case #98-2064 (3255 E. Palm Drive) from $35,600 plus $634.12 in administrative costs, to $2,500 in addition to the administrative costs. Mr. Blasie said the Code Compliance Board unanimously approved a fine reduction from $35,600 plus $634.12 administrative costs, to $2,500 plus administrative costs. This was also a unanimous vote. Motion Commissioner Black made a motion to approve the fine reduction in Case #98-2064. Commissioner .Fisher seconded the motion. The vote was 5-0. Reduce the fine in Case #97-4210 (531 NW 8th Avenue) from $22,575 plus $634.12 in administrative costs, to the administrative costs. Mr. Blasie said that the Code Compliance Board voted to reduce the fine in this case from $22,575 plus $634.12 administrative costs to just the administrative costs and this motion passed 4-3. He said this arose because the property owner also owns property in an adjoining community that is being bought by a business adjacent to that property and the City's lien is attached to any property owned by the violator. This is what prompted this reduction. Vice Mayor Weiland said they saw these on a regular basis and in one line of the claim it said, "applicant did not receive proper notice". He said there had to be a better way to communicate with the alleged violators so there would be no way to get around it. Mr. Bressner said they certainly received the notice and he thought it could be proved that they did receive it. Mr, Blasie said that in this particular case it was a husband and wife that were going through a divorce. Tn many cases like that someone does receive mail and doesn't give it to the other party. We follow due process. A lot of times people don't update their records in Palm Beach County. He agreed that there could be a better way. Vice Mayor Weiland said they had covered this ground many times and that the work of the Code Compliance department was endless. He believed there had to be a better way. Mr, Blasie said he would look at that when they discuss some other processes that would be presented to the City Commission soon. Mayor Broening said that they only see the "tip of the iceberg". Mr. Blasie surveyed other communities, in response to a Commissioner's request, and the City of Boynton Beach had a greater volume of cases than West Palm Beach. As far as code enforcement and lien reductions, Boynton Beach was at the forefront of that too, in relation to comparable cities. Mayor Broening asked if they had been served by Certified mail? Mr. Blasie responded yes. He asked about the nature of the violations. Mr. Blasie said that several years back the violator began putting up a wood privacy fence without a permit. They obtained a permit and they did finish the fence but they didn't call for 32 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 inspection, the permit expired, and the Building Division forwarded a red tag to his office. It was a very minor violation. The fence was only a few feet long but a divorce was going on, people were moving, and things fell through the cracks, Tt wasn't like it was a blight on the neighborhood. Mr. Blasie said that Boynton Beach was the only community he had surveyed that required total compliance when people came for reduction in fines. Motion Commissioner Black made a motion to approve the fine reduction in Case No. 97-4210. Mayor Pro Tem Sherman seconded the motion. The vote was 5-0. Approve negotiated settlement with plaintiff in Case #CL 99-3562-AF- Brown in the amount of $37,500 Motion Commissioner Black made a motion to approve negotiated settlement in Case #CL 99-33562- AF-Brown. Mayor Pro Tem Sherman seconded the motion. The vote was 5-0. XTT. UNFTNTSHED BUSTNESS: None. XIII. None. XIV. OTHER: AD.1OURNMENT: There being no further business to come adjourned at 9:50 p.m. before the Commission, the meeting properly 33 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 CTFY BOY , B CH ,~ Yme ~ayor ATTEST: Recording Secretary (three tapes) Mayor Pro Tem Co"m~ssioner Commissioner 34 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: ARLENE HENRY VARIANCE APPLICANT'S AGENT: Arlene Henry APPLICANT'S ADDRESS: 144 SE 31st AVENUE DATE OF CITY COMMISSION PUBLIC HEARING: OCTOBER 17, 2000 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: 144 SE 31st AVENUE DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other EXHIBIT "D" Conditions of Approval Project name: Arlene Henry File number: ZNCV-018 (rear yard setback) Reference: Zoning Code Variance Application dated September 11 2000. PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS ~To be ~ctr. m,2nc .elw- ]kl 0 ~q ~' X 1. J:\SHRDATA?LANNING\SHARED\WP\PROJECTS\HENRY VARIANCE\10.17-O0 CC COND. OF APPR REAR SETBACK.DOC Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 17, 2000 Quantum 'Lot 50B (Gale Industries) - Lot 50B Quantum Park P1~D - Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres Case Variance (front setback) - Gary C. & Pamela .1. Case (81:[ Ocean l~nlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum front setback of 25' to allow a 5' front variance or a 20' front setback to construct an enhanced front entry. Case Variance (rear setback) - Gary C. & Pamela .1. Case (811 Ocean l~nlet Drive) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow a 9' rear variance or a 16' rear setback to construct a covered porch. Arlene Henry Variance (rear setback)~ Arlene Henry (144 .SE 31~ Avenue) - Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25' to allow an 11.9' variance resulting in a :1.3.10' rear setback to allow a rear addition on property zoned R-l-AA 5. Dondi Realty Variance (Crestview) (rear setback) - Dan Hess/Dondi Realty Group [nc. - 2211 SE 3rd Street (Lot 30, Crestview Subdivision) - Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a. to allow a two and one- half (2.5) foot reduction from the minimum twenty-five foot rear setback required within R-3 zoning district for a duplex residence Approve funding for Housing Rehabilitation Case #2-98-027, .1ohn and Louise Garvin, residing at 918 NW 1~ Street, in the amount of $24,376 ($10,000 SH]:P grant funding and $:[4,376 City of Boynton Beach Home Improvement funding) Approve the purchase of one Toro Greensmaster 3100 2WD Greens Mower with 11 blade Cutting Unit and Roller Kit utilizing GSA Contract #GS-07F-8722D at an estimated cost of $14,559.92 Approve the purchase of four .1ohn Deere 220A walking greens mowers with trailers at a total cost of $21,848 utilizing Orange County Public Schools landscape equipment bid Approve the refund of Capital Facilities Charges in the amount of $15,848.07 to the Edward .1. DeBartolo Corporation Confirm the appointment of Wilfred Hawkins as Assistant City Manager-Services for the City of Boyn. ton Beach 9 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DONDI REALTY APPLICANT'S AGENT: Dan Hess APPLICANT,S ADDRESS: 4128 Frances Dr., Delray Beach DATE OF CITY COMMISSION PUBLIC HEARING: OCTOBER 17, 2000 TYPE OF RELIEF SOUGHT: Rear setback LOCATION OF PROPERTY: 2211 SE 3rd Street (Lot 30 of Crestview Subdivision) DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land DevelOpment Regulations'. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. EXHIBIT "D" Conditions of Approval Project name: Dondi Realty File number: ZNCV-017 (rear setback) Reference: Zoning Code Variance Application dated September 11 2000. PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\DONDI REALTY (CRESTVIEW)\10-10-00 P&D COND. OF APPR SETBACK.DOC f BOynton rethinking cemetery business BOYN'IDN BEACH usin~Ss~ if one commis- fi'usttaUoa on,er the 9pgomg said Monday the city should get ou~ of ~he business ~ gerber. 'We just want (the Cem- etery Bo~l) to make a deal- sion, and they won't,' Black said. ~s my frustration. I just don't think that we need to be in the cemetery busi- The city has been rtm- .n~ Boynton Beach Memo- Park since the 1940s. Bat for at least two decades, it has been l~mnin~ out of space and looking for areas As of Sept. 30, there were only 1,372 plots available in the 8,087-plot cemetery, and officials expect space to nm out in about seven years. · . City Manager Kurt Bressner said the city has three alternatives if comm/s- s/oners decide they want to turn over COntrol to a ptiva/e company. Tee dry can lease the Cemetery to an independent or dose the cemetery to new /amih'es and retain it as a memorial park, he said. Tee dry com.missioll has made · no dec/s/on but wal discuss options ou Nov. 21. Each year, the citr re- ce/~es plot fees and other revenue to cover most of the nee/7 $142,000 spent on cover the cost of o~'time for 8'ravedigger~, the city this year approved a $200 late fee, but the contro- versial fine has not been forced. 'It is not a necessary service for the city to be in the cemetery business," said the city's Parks Director John W'fldner. "But we're running out of space, so we have to decide whether or n~t we want to turn it over to the private sector. I think that's where we're at right now.~' ~. alice_gregor~:q~ost.¢om STOCK DEPOT DEERFIELD BEACH · BOCA RATON · DELRAYBEACH · BOYNTON BEACH Member; NASD, $1~, MSRB · 1047 E. Atlantic Avenue * Delray Beach, FL 33z~83 · 56t-276-6Q04 * (800) 774-6004 · Fax (561) 243-8323 10/16/00 TO: MR. RUMPF, P&Z COMMITTEE FROM: RR. ERIC MANGIONE, GULFSTREAM RESIDENT I STRONGLY OBJECT TO' THE REQUEST BY THE "OZONE CLUB." PARKING IS NOT SUFFIENT ~ND THE NOISE AND "PROBLEMS" ARE GOING TO BE EXTREMELY DIFFICULT FOR THE POLICE. THIS IS A RESIDENTI'AL AREA IN MA~Y RESPECTS. DENY T~E APPLICATION. PLS READ AT MEETING. mw, ........ TllllllI ' I~*(I :~I~ [.id J-.~:IO 000~-/.I-£00 DECTBEL (LOUDNESS) COMPARTSON CHART Musical Noise normal piano practice fortissimo singer 3 ff. away chamber music in small auditorium regular sustained exposure may cause permanent damage piano fortissimo violin cello obeo flute piccolo clarinet french horn trombone timpani & bass drum rolls average Walkman on 5/10 setting symphonic music peak amplified rock music at 4-6 ff. rock music peak 60-70 dB 70-dB 75-85 dB 90-95 dB 92-95 dB 84-103 dB 82-92 dB 90-94 dB 85-111 dB 95-112 dB 92-103 dB 90-106 dB 85-114 dB 106 dB 94 dB 120-137 dB 120 dB 150 dB NOTES: · The brass section playing fortissimo can drown out practically the whole orchestra. · One-third of the total power of an orchestra comes from the bass drum. · Hypertension and various psychological difficulties can be related to noise exposure. normal conversation at 3-5 ff dial tone of telephone city traffic inside car train whistle at 500 ff. subway train at 200 f. regular sustained exposure may cause permanent damage power mower power saw 60-70 dB 80 dB 85 dB 90 dB 95 dB 90-95 dB 107 dB 110dB Statistics for the Decibel (Loudness) Comparison Chart were taken from a study by Marshall Chasin, M.Sc., Aud(C), FAAA, Centre for Human Performance & Health, Ontario, Canada. Right to Quiet Page 1 of 1 The Noise FAQ (Frequently Asked Questions) Updated Monday, 25-Aug-97 17:33:16 PDT What is noise pollution? Noise pollution is not easily defined. Part of the difficulty lies in the fact that in some ways it is different from other forms of pollution. · Noise is transient; once the pollution stops, the environment is free of it. This is not the case for chemicals, sewage, and other pollutants introduced into the air, soil, or water. · Other forms of pollution can be measured, and scientists can estimate how much material can be introduced into the environment before harm is done. Though we can measure individual sounds that may actually damage human hearing, it is difficult to monitor cumulative exposure to noise or to determine just how much is too much. · The def'mition of noise itself is highly subjective. To some people the roar of an engine is satisfying or thrilling; to others it is an annoyance. Loud music may be enjoyable or a torment, depending on the listener and the circumstances. Broadly speaking, any form of unwelcome sound is noise pollution, whether it is the roar of a jet plane overhead or the sound of a barking dog a block away. One measure of pollution is the danger it poses to health. Noise causes stress, and stress is a leading cause of illness and suicide. Therefore any form of noise can be considered pollution if it causes annoyance, sleeplessness, fright, or any other stress reaction. The actual loudness of a sound is only one component of the effect it has on human beings. Other factors that have to be considered are the time and place,, the duration, the source of the sound, and whether the listener has any control over itl ~°st people would not be bothered by the sound of a 21-gun salute on a special occasioh(~:~On the other hand, the thump-thump of ~geighbour's music at 2 a.m., even if barely audible, could be a major source of stress. file://C:\WINDOWS~Desktop\Right to Quiet.htm 10/17/00 2 Boynton Beach Code is hereby adopted. The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, dated, and bearing the seal of the city, certifying it as part of the official zoning regulations. 2. Replacement. If the official zoning map needs to be replaced, the City Commission may by ordinance adopt a new official zoning map which supersedes the prior official zoning map. 3. Establishment of zoning districts: ' The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-l-AAA R-1-AAB R-l-AA R-1-A R-1 R-2 C-1 C-2 Single-family residential district Single-family residential district Single-family residential district Single-family residential district Single-family residential district Single- and two-family resi~lential district Multiple-family residential district Office and professional district NeighborhOod commercial district C-3 Community, corem_ 'er¢ial d_i. stric~t ' ~G~e'fiii'¢~6~/~rcial district CBD PUD PCD PID M-1 PU REC AG central business district . Planned unit development district Planned commercial development district Planned industrial development district Industrial district Public usage district Recreation AgricUlture 4. Changes in district boundaries, In accordance with the provisions of these official zoning regulations, applicable provisions of the charter, of the City of Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be made in district boundaries or other matter portrayed on the official zoning map by action of the City Commission of Boynton Beach. Within thirty (30) days after the passage and the receipt of a 1998 S-7 Repl. properly attested copy of a change or an amendment by ordinance, the planning director or development director shall make the proper change on the official zoning map and shall keep on file the copy of the change and make same available for reference for the general public. 5. Rules for interpretation of district boundaries. a. Extentof district boundaries: The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided. b. Boundary locations: District boundaries follow lot lines, centerlines of fight-of- ways of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. "- - In unsubdivided property, unless dimensioned, lines shall be-determined by the use of the scale on the map. c. Boundaries following waterway shorelines. District boundaries will follow changes in' shorelines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall .assume the regulations of the district adjacent as the district shall be construed to extend into the water' area in a straight projection until met centerwise by other districts. d. Boundaries concerning abandon- ment. If the boundaries are not changed, the zoning of the property abutting shall extend into and to the centeriine or to such ownership line as canbe deter- mined of the property abandoned. e. Boundaries and zoning. Boundaries and zoning of all lands annexed into the city shall be determined at the time of annexation. f. Boundary variations. Where there are variations or where the actual location on the ground differs from the mapped location, the Exhibit B ~ "THE GRAND" Parking Calculations Pursuant to Boynton Beach Code II. As Public Assembly 1 space per 4 seats but not less than 1 space per 100 S.F. -- 227 minimum 1 space per 200 S.F. retail (51,618 + 200) = 258* Total 485 MIN.SPACES REQUIRED As Bar/Cocktail Lounge 1 space per 2.5 seats but not less than 1 space per 100 S.F. = 227minimum 1 space per 200 S.F. retail (51,618 + 200) -- 258* Total 485 MIN. SPACES REQUIRED *NOTE: Does not account for proposed Billiard Hall slated to open in December. TOTAL PARKING PROVIDED = 440 SPACES PARKING DEFICIT OF 45 SPACES, not accounting for Billiard Hall EVENING-ORIENTED BUSINESSES IN THE GULF STREAM MALL Proposed "The Grand" · Proposed Palace Billiards · G.S. Theater (evening performance one evening a week) · 2 Restaurants open until 10 P.M. · Central House- has some evening functions · Aphrodite's is immediately adjacent in an out-parcel, until 2AM nightly EXHIBIT C -- Exhibit D Boynton Beach Code 74 may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is made in these zoning regulations. C. PROCEDURES. 'Any person, finn or corporation owning property within the City of Boynton Beach, desiring to obtain a conditional use, shall proceed in the following manner: 1. The owner shall submit an application to the planning director, on forms prescribed by the director. Designation of a person other than the owner to sign the application shall be in writing and attached to the application. Each application shall be accompanied by a fee as adopted by resolution of the City Commission payable to the City of Boymon Beach, Florida. 2. The planning director shall then refer the application to the planning and development board for a public hearing in accordance with the following: a. The owners of all property located four hundred (400) feet surrounding the subject parcel shall be notified. b. The ownership of all the surrounding properties as submitted bythe applicant, shall be reviewed by the city clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing. Mailing shall be at least ten (10) days in advance of the public hearing so that owners may be represented, in person, or by proxy. For notification purposes, the owners of property shall be those recorded on the latest official county tax, rolls. c. Notice of the public hearing shall also be advertised in a newspaper published in this city at least ten (10) days in advance of the hearing. 3. After holding a public he~ring and reviewing the application, the planning and development board, subject to the standards of subsection D below, may approve (with or without conditions and safeguards) specifying a time limit within which the conditionai use must be developed, or it may deny the conditional use. A written report of the board's findings shall be forwarded to the City CommiSsion. 4. Upon receipt of any report and recommendation, the City Commission at a regular meeting shall review the application, and subject to the standards of subsection D below, may approve (with or without conditions and safeguards) specifying a time limit within which the conditional use must be developed, or it may deny the conditional use. 5. After receiving approval from City Commission, the applicant may proceed to furnish the necessary information to the development department for obtaining building permits. The development department shall not issue a building permit urdess such pen'nit conforms in every respect to the conditional use as approved by City Commission. (~. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional ..uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, ~.c0nditional u~es when not ~ ~th the intent ao~p~ose ST ~i ~e~lS~. In evaluating an application for conditional use, u board and commission shall consider the.effect of c. ro osed _ ~.~ ~-. _ er:_hea_lth~_safetyandwelfaxe 0f~ the _~d make. written find~ng~-~'--~ C~t°ry provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with' particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 2. O~ff-s_t~r~~g and loading areas where required, With_b_particular attention to the items in subsection D.I. above, and the econormc~glare, noise~,_and odor effects the conditional use will have Q~~~ie.--~, and the city as a whole. ~onln~ 3. Refuse and sereice areas, with particular re£er~nc~ ~o ~he items in subsection D. 1. and D.2. above. 4. Utilities, with reference to locations, availability, and compatibility. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. 6. Signs, and proposed exterior lighting, -with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. 7. Required setbacks and other open spaces. ~ 8. General c_omPafi~ili_ty.w~ith adjacent 9. Heightofbuildingsand structures, with reference to compatibility and harmOny to adjacent · and nearby properties, and the city as a whole. 10. Economic effects on adjac.~ent and ~arby properties, and the city as a whole. I 1. Conformance_to the ~stand~ds ~ requirements _which a_.__ -_ '~e plans, as set forth in Chapter 4 of the City of Boynton-Beach Land' Development Regulations. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 1:5, Section 1:5.8 of the Boynton Beach Code of Ordinances. E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES. 1. When the City Commission approves a conditional use, it shall establish a time limit within which a conditional use may be developed. In the event that the conditional use is not developed within said time limitation, it shall expire unless improvements representing twenty-five (2:5) percent of the total cost of all improvements to be used in developing a conditional use have been constructe the property,. 2. The City Commission may extend a conditional use approval in accordance with the standards set forth herein. If the City Commission does grant approval for an extension of a conditional use, it shall also set a time period for such extension, and in the event that development has not progressed to the extent specified in subsection E. 1. above at the expiration of the time period, then the extension shall be deemed to have expired. However, an applicant may apply for more than one (1) extension of a conditional, use; a.- An application for an extension of a conditional use shall be submitted to thc planning director on forms prescribed by the director not less than forty-five (4:5) days prior to its expiration. Each application for extension shall be accompanied by a fee as adopted by resolution of the City COlnmission, payable to the City of Boynton Beach, Florida. The planning director, upon receipt of a,- properly completed application, shall forward the same to : planning and development board which shall mai i recommendation to the City Commission to eiu~r approve- or deny the extension request. If the recommendation of the planning and development board is for approval, it shall also recommend a time period for the extension, b. In evaluating applications for extensions, the City Commission and planning and development board shall use the following standards: (1) Where there are substantial physical improvements on the land. DevelOpment approval for any extension is granted by the city only to enable an applicant to complete development and construction of a project as opposed to permitting a land speculator to retain an approval 't° more readily sell the land. Thus, consideration shall be given to applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to actually commence and complete construction of the project for which original approval was granted, In determining good faith, some fac*~"s to be considered are: The extent to which construe has commenced, when construction has occu (construction which is commenced immediately 8 .Boynton Beach Code shown or described as a collector according to the current or most recent functional classification contained in the City... of Boynton Beach Comprehensive P1an, as adopted and amended, is a collector street. COMBUSTIBLE SIGN - Any sign or sign structure which will ignite or support flames and which has a low flame point. Prime examples of combustible signs would be wood, non-U.L, approved plastics, cloths, etc. COMMERCIAL TRUCK - A truck definedas such by the rules of the Florida Department of Highway Safety and Motor Vehicles. COMMERCIAL ZONING DISTRICT- All C-l, C-2, C,3, C-4 and PCD zoning districts. COMMISSION - The City Commission of the City of Boynton Beach, Florida. COMPLETELY ENCLOSED A building separated on all sides from the adjacent open area, or from other buildings or other structures~ by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as adopted and amended and required by F:S. 163. CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the Clear understanding that further development of the thought or idea will be considered onlY when it is in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither provides nor implies either present or future waivers, variances, exceptions or exemptions from any codes, ordinances, rules and/or regulations. CONCURRENCY - The requirement that the necessary public facilities and services to maintain the adopted level of service standards are available when /he impacts of development occur. CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is reasonable likelihood that the necessary public facilities would be provided 'by the developer, a governmental agency, or by other developers, but that the conditions set forth herein cannot be met. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction and responsibility for construction. A conditional certification of Concurrency shall reserve capacity in the public facilities which specified as such, until the conditional certification of concurrency expires. ~I~oNA'L~USE - A use that would not be appropriate' generally, or without restriction,- throughout a zoning classification or district. Such uses however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, .comfort, convenience, general' welfare~ g.ood: order;: health, moralb, prosperity and safety of the city. Such uses may be allowed in a zoning classification or district as a conditional use if specific provision for such a conditional use is. made in these zoning regulations. CONDOMINIUM - See "Property Owners Association." CONSTRUCTION PLANS - Certified documents from which a complete review and analysis can be made of all required improvements without research and/or additional data. ,CONTIGIgOUS LANDS,.- Lands that abut each other or are separated-only by, streets., ways, easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a governmental agency, a subdivision or a public or private utility.. CONVENIENCE STORE - Place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. The term "convenience store" does not include a store which is solely or primarily a restaurant. CONVENTIONAL ZONING DISTRICT All zoning districts which are not planned zoning districts. 1999 S-Il ~ Exhibit E ~ ~q~qxs DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA~ PROJECT NAME: THE GRAND (A.K,A OZONE) APPLICANT'S AGENT: Cai Brockdorff APPLICANT'S ADDRESS: 5520 Pennington Avenue, Baltimore, MD 21226 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2000 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: 3637 S. Federal Highway, Boynton Beach, Florida 33435 DRAWING(S): SEE EXHIBIT "B" A'I-FACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: J:\SHRDATA\Planning\SHARED\WP\PROJECTS\The Grand aka Ozone\CC 10-1 EXHIBIT "C" Conditions of Approval Project name: The Grand (a.k.a. OZONE) File number: COUS 00-005 Reference: 1st review plans identified as Conditional Use Site Plan. File # COUS 00-005 with a September 14, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. The Utility Department has no objection to the proposed change of use in the X Gulfstream Plaza (Fontana Plaza Ltd.) for the above noted project. Utility services are available to the tenant change. If the water meter is separate for this tenant unit, a capacity reservation fee will be required, based upon fmal meter size, or expected demand. FIRE Comments: 2. Please provide detailed description of use to include interior changes to X accommodate the new use. 3. If the possibility of increasing the occupant load is desired, describe how this X increase could be approved. POLICE Comments: 4. A review of the interior layout (i.e., exits, storage rooms, etc.) will occur at X permit stage. 5. Show valet parking area and signage. X ENGINEERING DIVISION Comments: 6. Valet parking requires an application for an occupational license processed X through the Department of Development. Include a sketch with your application to show the drop-off and pick-up area(s) not being located in the existing fire lane. Page 2 of 3 The Grand (a.k.a. OZONE) COUS 00-005 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 7. At time of permit review, submit a current survey of the subject site. X 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. 11. At time of permit review, specify (in tabular form) on the site plan and/or floor plan the proposed use of the facility, type of construction and occupancy classification proposed for the tenant space. The tenant building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. Compliance with the Building Codes will be evaluated at time of permit review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. Permits are required to construct the improvements that are proposed for the tenant space. Permit application forms are available in the Building Division of the Development department. A permit submitted checklist is available in the Building Division. The list identifies the basic documents that the Plan Review Analyst/Permit Application Technician checks for when an apphcant submits for permit review. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST X X X X Comments: NONE X PLANNING AND ZONING Comments: 12. Building facade (front and west side walls) must be painted in colors compatible with the established color scheme for the shopping center. Provide proposed color chips for staff review prior to project completion. (Ch.9 Sec. 11) X 13. Tenant wall sign must be in conformance with Chapter 21 - Signs and be X Page 3 of 3 The Grand (a.k.a. OZONE) ~ COUS 00-005 DEPARTMENTS INCLUDE REJECT consistent with site signage for the shopping center. A separate sign permit is required for the wall sign. 14. All 440 parking spaces in the shopping center should be properly striped. X Restripe the remaining 59 spaces. (Ch. 23, Art. Il. L.) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. The building shall be designed with soundproofing measures including, at a X minimum, the addition of a double set of doors at each entrance to the establishment. The doors shall be kept closed at all times to ensure that sounds are buffered as patrons ingress and egress. Any "Bouncers" located at the entryways shall ensure that doors are not held open by waiting patrons or while checking identification. 16. On-site uniformed security to patrol the parking areas and perimeter of the X site shall be provided at the at the owner's expense during all hours of operation. Wherever possible, uniformed off-duty detail Boynton officers will be used. 17. The approval is limited to the footprint of the current 23,000 square foot lease X space. Any expansion in area or into other bays to enlarge the nightclub, will require a new conditional use request and approval. Expansions to provide for service of food only are excluded from this condition. ADDITIONAL CITY COMMISSION CONDITIONS 18. For 6-months following issuance of C.O., a minimum of six (6) uniformed, X off-duty police officers will be hired for on-site security for all scheduled shows and performances. 19. Following the first six (6) months of operation the operator shall meet no less X than monthly with Policy Department representatives to consult with the Police Department to determine and maintain adequate levels of security for all shows and performances. MWR/dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\THE GRAND AKA OZONE\10-17-00 CC CONDITIONS OF APPROVAL.DOC BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meetin~ Address . _ Telephone, ! Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon.which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk ~orto the start of the City Address ~ Telephone# ~ ' / ' ~ Summary °f Matter t° be Addre~ed~~a ~g -~'~/ ~ f f~-~" ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. N a in e '~/~ / ,f~ '~"~'-Z'~ ,~'/a ~- ~ ~ Address /ff~ ~/~~ ~i~ ~/~l~/~a ff~/~ Telephone ~ ~/-7~J~~ ~ ~ c If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the Cit/y Clerk prior to the start of the City Commission Meeting. Name .~ltWll~. tLIJ Address ///~ ~ I~ / Summa~ of Matter to be Add~~~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.01051 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ~ Name i ~ Summary of Matter to be A~~} ~ e~ ~k~ "~' a _<,., _ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cie/iR/prior to the start of the City Commission Meeting. Name ~ ~'/~C~ ~ ~-~ Address [~9 ~ Telephone ~ ~ ~ q Summa~ of Matter to be Addresse~~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at t~is meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fciollmi~shs~jnnfOrM~et/j~.n called for below and give to the City Clerk pri~ the start of the City Name ~-~'~ Address //-~7/C ~]~, Telephone # c~ J~7~?~~ Summary of Matter to be Addr~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105] The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Z 7 30 Telephone # 2.7~ -' ~ ~ ~0 Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~ ~J~~~ Address Telephone # Summary of Matter to be Addressed Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and t/ive to the City Clerk prior to the start of the City Commission Meetinl~. Name Address If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The~ty shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opp~rt~!~f~y to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce C~e~q~'~61}ff'i42-~3~t--l,--- b~-- ~~ least twenty-four h~ prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed '.~ · Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742~,~t least twenty-four hours prior ~o the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk p~O the start of the City Commission Meeting. Name /~-f y?~/ Address /OD Telephone # (~'~ 0 Summary of Matter to be Addressed made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City C/lerk prior to the start of the City Commission Meeting. ~ Name A//~ 2~ ~ 7~ # ~ / ' / L/ ddre.. A,,',-./ Telephone # Matter to b~ Addressed Summary of Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. ' ~ BOYNTON BEACH CITY COMMISSION MEETING ~ PUBLIC COMMENT CARD AGENDA ITEMS F ill in the information called for below and give to the City Cl~l~k prior to the start of the City Commission Meeting. J -- Address ' ~ ~ ~) ~ ~) ~~ Telephone ~ ~ 7Z -- ~[/~ .ff Agenda ~ ~ 8 Summary of Matter to be Addre~ed /~&~~ ~/~ ~o~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 285.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in~ the information, called for below and give to the City Clerk~or toff the start of the City Commission Meeting. Name /~ /~[~ ~--~/~ Address Z ~ Telephone# ~ ? -- /~/~~-'~ / Agenda#___ Summary of Matter to be AddreSsed /~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a yerbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate aux/liary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.- Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Telephone, 3 6 9 '- /~ ~] ~'~--~/'~I I~ ~: E Agenda, considered at this meeting, he/she batim record of the proceedings is 286.0105) The City shah furnish appropriate aux/liary aids and ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address 2 ~ ~ ~ ~ ~ ~~ ~ Telephone ~ ~ ~ / ~ ~ ~ Agenda $ Summary of Matter to be Addressed~ ~ ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.