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Minutes 11-30-00 MTNUTES OF THE AGENDA PREVTEW CONFERENCE HELD ?N CONFERENCE ROOM "B"~ C~'TY HALL, BOYNTON BEACH, FLOI~DA ON THURSDAY, NOVEMBER 30, 2000 AT 5:00 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER City Manager Bressner called the meeting to order at 5:03 p.m. Approve the "PURCHASE OF NEW/REPLACEMENT LAW ENFORCEMENT PURSUTT VEHTCLES" in the amount of $458,372 from Duval Ford utilizing State of Florida Contract #070-001- 99-1 The staff recommendation showed this item over budget because the agenda item request form did not indicate that we are buying two vehicles to replace vehicles that were destroyed in accidents. Funding is coming from Risk Management to cover all but the non-depreciated value of the two vehicles ($35,000 of the $51,000 additional cost). Grotto Bay @ Bermuda Place - Request for Technical Site Plan approval for :tS.:[6 acre pod in the Quantum Park PID. The mixed-use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-S2 Attorney Cherof advised that David Norris, attorney for Quantum, is of the opinion that it was never contemplated when the most recent Ordinance was prepared that the developer would pay the recreation fee. The Ordinance is silent. Attorney Cherof advised the Commissioners to anticipate being asked to pull this item from the Consent Agenda for discussion. One of their theories is that this residential component is within the boundaries of a district that is zoned P]:D. That is not a residential zoning district. However, this enclave is clearly a residential component. John Wildner, Parks Director, reported that this issue of recreation impact fee or land is always raised during master plan review. This group is now acting surprised by this requirement. Attorney Cherof explained that in Mr. Rumpf's opinion, people generate recreational needs. Zoning classifications do not generate that need. This residential component will have :[,000 to :[,500 people. When Commissioner Fisher questioned the amount of money involved, Mr. Wildner explained that it is not possible to provide that number until the land value has been determined. The City calculates this figure by acreage. Mr. Bressner said the problem with the Code is that this requirement is based on land value. It is not based on population equivalents. This may be a change to consider in the future. However, this requirement does not limit the applicant's ~otential obligation at this point because this land is being used for a residential purpose. MEETZNG MI'NUTES AGENDA PREVTEW CONFERENCE BOYNTON BEACH, FLORZDA NOVEMBER 30, 2000 Mr. Wildner said the City would rather take land that is adjacent to the existing Quantum Park site. However, the location of this development is separate from the park. Mr. Wildner would like to have the land next to the Quantum Park site so that it would be a more regular shaped parcel. Mr. Wildner has discussed this situation with Mr. McGillicuddy and some discussions with the Grotto Bay representatives have taken place. The Grotto Bay representatives continue to insist that they are a PTD and do not have to pay. Commissioner Black pointed out that while it would be nice to add land to the Quantum Park site, we already have a great deal of vacant parkland that requires development. Commissioner Fisher requested that the Commission be provided with a ballpark figure involved in this situation. Mr. Bressner requested that staff prepare a "guesstimate" and provide options prior to Tuesday night's meeting. Mr. Bressner feels it is important to look carefully at the Ordinance in order to assert the City's position if it applies. Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress Study IVlr. Bressner advised that back-up information was provided with respect to the Planning Consultant for the Federal Highway Corridor. Consent Agenda ]:tem V-B.7 was moved to :Item VI-A. Mr. Bressner added Ttem V]-C - FEC License Agreement. This is the License Agreement that would allow the City to make road improvements in the railroad right-of-way. We held off the original agreement that was proposed because it was unacceptable. Dale Sugerman and the Legal Department have worked out a better agreement. When Attorney Cherof reported that there are a number of future cost issues that are unknowns that could be a "significant blank check'; Mr. Sugerman disagreed and said estimates were provided by the Director of Engineering. Future anticipated costs were not included in the agreement, but were outlined in a letter to us. Mr. Sugerman advised that they are scheduled to begin work on Monday. The agreement cannot be signed until Tuesday evening. Tf approved, Mr. Sugerman will secure the Mayor's signature immediately following the meeting on Tuesday evening and will FAX it to FEC headquarters before the end of the evening. In response to Attorney Cherof, Mr. Sugerman advised that there would be watchmen on duty for eight hours a day. The cost of this service is $200 per day. V~I-C. Project: Agent: Applicant: Location: Description: Kilday Woolbright Place PUD & Associatesf Inc. Wood Partners West side of SW 8t' Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10.8 DU/VC MEETING MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLOI~DA NOVEMBER 30, 2000 Mr. Bressner reported that the Planning & Development Board voted 3-3 on this issue which constitutes a negative vote. He suggested that the Commission consider whether they want to remand this issue back to the Planning & Development Board for a recommendation. Commissioner Fisher said one of the issues he would be considering is traffic. Mr. Rumpf explained that this proposal represents a reduction (300 trips) from the current approval. Mr. Bressner requested that the Commissioners be provided with excerpts of the traffic report. Vice Mayor Weiland advised that three people from Leisureville who abut this property are concerned that there will be a rear entrance into Leisureville from that property. VIII.C. Demonstration of New Fire Rescue Apparatus (December 19, 2000) Rescue Vehicle (Ambulance) Heavy Rescue & Special Operations Vehicle Fire Chief Bingham requested that the word Demonstration be changed to "Display". VIII.F. Review policy for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral business (3anuary 16, 2000) Mr. Bressner reported that the Cemetery Board members want to meet with the City Commission for the purpose of discussing the possible expansion of the cemetery. At a recent Cemetery Board meeting, Mr. Bressner explained to the members that if the Board desires to expand the cemetery, they would have to go before the Commission to request funding. Prior to having a meeting with the Cemetery Board, Commissioner Black would like them to do the due diligence on a possible expansion and provide the Commission with suggestions. Mr. Bressner requested that Hrs. Kruse and Mr. Wildner prepare a draft letter to the Cemetery Board. This item will be removed from the agenda. X.A. Review Applications/qualifications for Possible Appointment of District TI! Commission Seat Mr. Bressner advised that the Commissioners have until the meeting appointment. Mrs. Kruse distributed copies of the applications that applicants. of December 19th to make an were received from the three Attorney Cherof recommended that the item title be changed to include the word "Appoint". XI,1. Proposed Ordinance No. O00-63 Re: Amending Land Development Regulations as follows: Chapter 2, Section 6.C.1.; Chapter 2, Section 6.D.1. to include nightclub; and Chapter 2, Section 6.E.1.B When Mayor Broening questioned whether or not language was added to the nightclub Ordinance regarding sound, Attorney Cherof advised that the change would be in an amendment that would modify the conditional use section of the Code. This amendment will come before the Commission on December 19~h. MEETING MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLOR/DA NOVEMBER 30~ 2000 Proposed Ordinance No. O00-64 Re: Deleting Article X of Chapter :[ and Section 3.B. of Chapter 23 of the Land Development Regulations and Article T! Section ! of Chapter 2:[ of the Code of Ordinances and amending Chapter :[.5, Sections 4.:[ and 4.3 of the Land Development Regulations in order to clarify and further specify the procedures applicable to variances The Early Retirement Ordinance has been modified so that the departure date is subject to the approval of the department head and the City Manager. Proposed Ordinance No. O00-67 Re: Amending Land Development Regulations as follows: Chapter 1, Article !! Definitions; Chapter 9. Community Design Plan; and Chapter 21 Signs, Article !!, to create a definition for wall murals and establish a process and guidelines to review future wall murals Language has been included in the Mural Ordinance regarding historic significance criteria. X~.D.:[. Ratification of Code Compliance Board action: City Manager Bressner advised that staff is working on the Ordinance relative to the Commission's review of these items. OTHER Commissioner Black requested that an item be added to the agenda to consider allowing caf~ dining on the sidewalks in the CRA. Mr. Bressner advised that an item would be added to the agenda under New Business as follows: X.B. Request for Zoning Text Amendment - Outdoor Dining in CRA Area by Special Use Permit Attorney Cherof advised that he would provide Mr. Greene with a model Ordinance regarding this issue. Mayor Broening referred to the Ocean Avenue Promenade with respect to the bump-outs. He pointed out that they are being provided in asphalt. Tt would take a change order and additional funding to change that to brick. He questioned whether the Commission would like to discuss this issue. Mr. Sugerman advised that the City was provided with a cost of $7,500 to brick the parking lanes in the 500 Block. ]:t would cost $23,000 to brick the parking lanes for the entire length of Ocean Avenue. This issue has been discussed with the City Manager and a decision must be made within the next 24 hours. Vice Mayor Weiland was in favor of spending the additional $7,500 for the brick work on the 500 Block and felt there was a need for willingness to continue this pattern all the way down Ocean Avenue. Commissioner Black was supportive of authorizing the additional $7,500 expenditure for the brick on the 500 Block at this time. :In the future, depending on development, he would be willing to consider removing the blacktop and replacing it with brick. 4 MEETING MINUTES AGENDA PREV?EW CONFERENCE BOYNTON BEACH, FLORIDA NOVEMBER 30, 2000 Mr. Sugerman felt the budget could handle the additional $7,500 at this time. He is prepared to sign off on a change proposal for that amount of money. Mr. Bressner explained that the area of Ocean Avenue up to the tracks is in the concentrated business area. The remainder is not. Therefore, the Commission could make a case for not continuing the brick beyond the railroad. Mr. Bressner asked for two volunteers from the Commission to speak during the public comment meeting on school boundaries on Monday evening. Mayor Broening and Commissioners Black and Fisher volunteered to speak on behalf of the City. Vice Mayor Weiland commented about the pleasant appearance of the new bank on the corner of Woolbright Road and Congress Avenue. He pointed out that the architecture is very nice and they have gone above and beyond the Code requirements with respect to landscaping. Mr. Bressner offered to send the developer a letter of thank you on behalf of the City. When Commissioner Black questioned whether these businesses are encouraged to provide better quality when they make their first contact with the City, Mr. Rumpf responded affirmatively. He explained that this particular project preceded the newer landscaping regulations. Staff and the Planning & Development Board worked with the applicant to achieve the success of the project. Vice Mayor Weiland pointed out that the new office building project across from Torchio's on Woolbright Road is the opposite of the new bank building with respect to landscaping. Vice Mayor Weiland reported that after the November 21st Commission meeting, he rode with the Police. They visited the Orbit (nightclub in Gulfstream Mall). There were no Police on duty even though a show was in progress. Three officers from the evening shift and three from the midnight shift had to be pulled off the schedule to provide the coverage. There was garbage in the parking lot. Vice Mayor Weiland said he went inside, and the Orbit is a filthy disgrace. Mr. Bressner said the Police Chief has been asked to deal with this issue to ensure that they honor the conditions they agreed to and to make certain that the operations are consistent with the conditional use approval. Police Chief Gage explained that the managers of the Orbit are difficult to deal with. The gentleman who came before the Commission is back in Maryland. At the Commissioners' request, Mr. Bressner will add a new item under "Other" to provide the Commissioners with an opportunity to share information with each other and the public. The item will be called, "]:nformation ]:tems by Members of the Commission", AD.1OURNMENT There being no further business to come before the Commission, the meeting properly adjourned at 5:50 MEETZNG MTNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLORZDA NOVEMBER 30, 2000 A~E~: 'City~lerk "---.('One Tape) CITY OF BOYNTON BEACH ice M~ayor Commissioner Commissioner