LEGAL APPROVAL
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MINUTES OF THE SPECIAL CI COMMIS~E~9
AND JOINT CITY COMMISSION/PLANNING AND DEVELQP~SZ~:!;)"---
BOARD WORKSHOP HELD IN COMMISSION CHAMBERS, crrv ~"E!t~,c!i.u::.~.c:;_ ,_..
BOYNTON BEACH, FLORIDA, ON MONDAY, MARCH 25, 1996, AT 7:00 P.M.
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PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Matthew Bradley, Commissioner
Henderson Tillman, Commissioner
Jamie Titcomb, Commissioner
Carrie Parker, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
Planning and Development Board:
Stan Dube, Chairman
Dave Beasley
Robert Elsner
Maurice Rosenstock
Lee Wische
William Burton
CALL TO ORDER
Mayor Taylor called the meeting to order at 7:15 p.m.
SETTLEMENT AGREEMENT RE: MEADOWS 300 PROPERTY
City Attorney Cherof reminded the Commission that this settlement agreement was
previously addressed at a public meeting. However, the property owners and residents
were not comfortable with the language in paragraphs SA and 5B on page 2 of the
agreement. They were concerned that we were not going to construct the road
between Congress Avenue and Lawrence Road. Subsequent to the public meeting,
City Attorney Cherof met with Chip Carlson, the attorney for the 300 Properties, and
Larry Portnoy, the representative of the developer, and achieved some language that
gave Mr. Carlson the degree of comfort that he felt his clients would need. That was
the addition of subparagraph 58 which said that part of our responsibility, if we want to
build that road, would be to go to court and demonstrate that there is a public need for a
through street, in addition to other elements. We did that because the current traffic
study indicates that there is no current need for a through street. There are some other
elements of this agreement that are still under discussion that are not substantive in
MINUTES - SPECIAL CITY COMMISSION/PLANNING
AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
MARCH 25, 1996
nature. For example, in paragraph 4, it says that the developer will submit an amended
site plan with some references on it. City Attorney Cherof said they have already done
that in reliance upon the tentative agreement. Additionally, in paragraph 14, there
needs to be some clarification that the public hearing is a public hearing that is open for
everybody, although the affected parties (the parties who would be impacted by the
construction of the road or by the parks) have special standing to come and be heard.
Additionally, there is some other language that is just cleanup in nature.
City Attorney Cherof felt that a tentative agreement was reached on this at the meeting
last week. However, Mr. Carlson is out of town. The document was faxed to him on
Friday I but City Attorney Cherof has not had any response from him yet. City Attorney
Cherof requested the Commission's approval to finalize the settlement agreement
based upon these negotiated changes, and to authorize the Mayor to execute it if and
when we work out that final language. He reiterated that the last bits of language would
not be substantive. It will be clarification and cleanup. Otherwise, the agreement would
be exactly as it appears in front of the Commission.
Motion
qommissioner Titcomb moved to approve the settlement agreement. subject to minor
modifications. Commissioner Tillman seconded the motion, which carried 5-0.
City Attorney Cherof advised that the document will be changed based upon whatever
discussions we have. It will come back to the Commission one more time for a public
hearing because part of the lawsuit that was pending was an attack on the consistency
with the Comprehensive Plan. Any settlement of that type of lawsuit requires a public
hearing. Therefore, the Commission will see this document one more time. possibly
already signed for ratification.
FINALIZATION OF CONTRACT EXTENSION WITH EDWARD S.
GARCIA/OCEAN BREEZE FESTIVAL PARK, INC. RE; MARINA PROPERTY
City Manager Parker advised that the Commission does not have any paperwork in
front of them because she and Mr. Garcia's staff did not finish negotiating this until 5:30
this evening and it has not been retyped to include their language. She said she had
questioned the City Attorney about whether or not we need to reconvene the City
Commission at some later date, and he has informed her that this may not be
necessary .
2
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 19, 1996
Motion
Commissioner Bradley moved to ratify the Planning and Zoning Director's determination
of minor site plan modification in this site plan review. Commissioner Tillman seconded
the motion, which carried 5-0.
The legislative intent of the house eaves was addressed next. Mayor Taylor and City
Attorney Cherof felt this section of the Code was clear.
However, to avoid any misinterpretation or confusion in the future, there was a consensus
of the Commission that the verbiage be changed. City Attorney Cherot will rework that
section of the Code with staff.
XI. UNFINISHED BUSINESS
None.
XII. CITY MANAGER'S REPORT
1. Finalization of Contract Extension with Edward Garcia re: Marina
Property
2. Settlement Agreement re: Meadows 300 Property
3. Executive Session re: Fire Union Contract
City Manager Parker hoped to finalize the real estate extension agreement with Mr. Garcia
by Friday. Therefore, next week, she will be requesting a brief Special City Commission
meeting to ratify that extension as soon as possible. Also, she will be requesting a date
for an Executive Session regarding the Firefighter Union negotiations next week.
City Attorney Cherof also requested a special meeting on Monday. He advised that
progress has been made on the language in the settlement agreement with the 300
Properties (Meadows Drive). He requested permission to bring this back to the City
Commission for review in order to expedite the resolution of this matter.
At Commissioner Bradley's suggestion, these items will be discussed at the March 25th
meeting at 7:00 p.m. The Executive Session was scheduled for 6:30 p.m.
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