Minutes 01-16-03 M'rNUTES OF THE AGENDA PREVZEW CONFERENCE
HELD I'N CONFERENCE ROOM C, WEST WZNG, CTrY HALL,
BOYNTON BEACH, FLORZDA
ON THURSDAY~ .1ANUARY 16, 2003 AT 4:00 P.M.
Present
Gerald Broening, Mayor
Nike Ferguson, Vice Mayor
Mack McCray, Commissioner
Ron Weiland, Commissioner
Absent
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
City Manager Bressner began the agenda review at 4:00 p.m.
V:[.A, Project: Gateway Plaza (USAP 02-002) - Request for use approval for a
gasoline dispensing establishment and convenience store on Lot 91 in the C~uantum
Park PZD
City Attorney Cherof explained that this would still be a use consideration even if there had not
been a prior gas station approved in the PID.
Mayor Broening felt that the question was whether a PID could overrule something that was
normally a permitted use under current zoning.
City Manager Bressner told the Commission that after they read the back up, he would provide
any additional information that was needed on this item.
VZ.C. Extension of "Notice of Zntent" (NOZ) for Self-storage Uses and Facilities until
April 2, 2003 (Proposed Resolution)
City Manager Bressner advised that staff completed the draft ordinance. However, this item
must go to the CRA and the Planning & Development Board for public hearings first and that
was the reason for the extension request.
VZZ.E.1. Dakota Lofts (MSPM 02-006), 3010 S. Federal Highway - Request for
major site plan modification for changes to building elevations and floor plans
City Manager Bressner reported that the CRA reviewed the site plan modification and
recommended approval. There is a companion item that should be considered by the
Commission - the approval of the plat for the property. Since there was some public interest in
this property, he asked that the plat approval be added to the agenda as item E.2.
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.]eft Livergood, Public Works Director, explained that this item was similar to what the
Commission did with the plat approval for Quantum several months ago. There were some last
minute items that needed to be taken care of and the plat was approved subject to certification
by staff. Tn the case of Dakota Lofts, this area was initially platted in 1917 when the platting
rules were different. :It was a nightmare finding out who owns what. There were still some
minor issues to be worked out.
City Manager Bressner said that staff would be meeting with surrounding residents on Tuesday
afternoon because there are some issues regarding the developer extending the water main up
Bamboo Court. The title searches for the property revealed that Bamboo Court is not a road or
a right-of-way but a parcel of property that is owned by the Dakota Lofts development
company. Historically, it served as an ingress/egress route for the property and residents have
driven on this private property for years to get to Federal Highway.
The City is requesting that the developer
provide an easement for the water utilities and place the water line in a location on
that parcel so that there would not be a utility conflict if sanitary sewer is extended in
the future
grant to the City ingress/egress easement rights
The other issue that needs to be discussed with the residents on Tuesday is the Canal rights.
The owner of Dakota Lofts owns the finger canals. Some residents on Bamboo Court have
boats and they have a concern whether Dakota Lofts will allow them to use the canal. That is
potentially a civil matter between the developer and the residents. However, City staff will
meet with the parties and act as a mediator.
XII.A. 1. Proposed Ordinance No. 02-062 Re: Rezoning of vacant land
consisting of +32.159 acres on the east side of South Congress Avenue from M-1
(Industrial) to Planned Unit Development (PUD) (South Congress Residential)
Mayor Broening suggested that, during the agenda approval process at the Commission
meeting, the second reading of this ordinance be moved up on the agenda prior to Public
Hearings.
XII,C, Resolutions
City Attorney Cherof explained that there is a planned professional boxing event at Club Ovation
on .]anuary 24TM. Club Ovation is not in the proper zoning district and there is no occupational
license. Staff will deal with this issue. He also explained that the Florida Boxing Commission
must approve any venue for a boxing event and they would not approve any venue in a City
that has adopted a resolution or ordinance that bans boxing. He distributed a proposed
resolution that is intended to ban professional boxing, kickboxing, and martial arts events. This
would be a policy decision and depends on how the Commission feels about professional boxing
in town. It was requested that the proposed resolution be added to the agenda, either under
legal resolutions or under consent.
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Police Chief Marshall Gage said that Congress Middle School frequently sponsors National .ludo
Association conferences and tournaments. He felt that if this touches on martial arts, we
should be careful on how the resolution is worded.
City Attorney Cherof reported that they incorporated the definitions from the State Statute. The
term 'professional' in this context means that the participants are either paid with cash or their
training is paid for. Tt does not deal with any amateur event or school event.
It was the consensus that this item be added under the consent portion of the agenda and if
there were any questions, it could be pulled for discussion.
XII.D.1. Review for ratification or modification Code Compliance Lien
Modification Order dated December 30, 2002 for Case No. 99-555 (Claude Francois -
229 SE 4th Avenue)
was noted that this review was at the request of a member of the City Commission.
X:EZ.D.2. Accept the offer of payment of attorney's fees and costs in the total
amount of $16,6S0.S9 from RHS Corporation
City Attorney Cherof explained that the City was the prevailing party in this case and Dr.
Roberts would be paying the City.
X[[.D.4. Authorization to add proposed Ordinance to next Commission Agenda
for First Reading: Ordinance regarding Amending Chapter 2 Administration, Article
:IV, Section 2-56 providing for amendment to procedures for the sale of surplus City
owned real property
It was explained that this is an amendment to the City code to allow for an alternative method
for the sale of surplus City property.
Other
City Manager Bressner said that he would send a report to the Commission for the next agenda
regarding the Galaxy/Poinciana Intervention Program. He stated that there is some money
available and he would be recommending funding for that program.
Commissioner McCray questioned why the Cemetery Board was not meeting. City Clerk Prainito
reported that they are scheduled to meet on the fourth Tuesday in January. They missed three
meetings prior to this. Discussion regarding this Board will be added to Future Agenda Items.
Commissioner Weiland stated that there is a Catholic Schools Week in the Palm Beach County
Catholic Diocese and each day they recognize a different aspect of helping throughout the
community. This takes place in other cities and he requested a proclamation recognizing
Catholic Schools Week be added to the agenda. It was the consensus of the Commission to
add this item.
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Commissioner Weiland was recently invited to the Crossings and was very impressed with the
improvements to the property. They would like to receive some financial assistance from the
City to put a fountain in the middle of their lake and Commissioner Weiland said that he would
bring this to staff's attention.
City Manager Bressner reported that he had talked to the president of the homeowners
association and suggested that when he submits the documentation, he submit a copy to him.
Commissioner Weiland felt that the City should be able to recognize the various holidays. Other
cities throughout the country recognize the .lewish holidays, Christmas, and Kwanzaa but we do
not. He thought that the City could display a Christmas tree, a menorah, etc.
City Manager Bressner stated that the Season of Peace includes menorahs, Kwanzaa, and
Christmas. The City tries to celebrate all the holidays that occur around that time of the year.
Mayor Broening said that we have a very diverse community and he felt that if we tV to
recognize each holiday, some could be missed.
City Attorney Cherof explained that the generic way that the City deals with this conforms to all
legal requirements and to deviate from this would invite controversy and potential legal
challenges.
Commissioner Weiland requested that research be conducted to see how other communities out
of the state of Florida handle this.
City Manager Bressner said that staff would do some comparative research regarding what
other communities do to conform to the law but to also identify some specific religious holidays.
be discussed, the Agenda Preview meeting properly
There being no further business to
adjourned at 4:40 p.m.
(one tape)
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