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Minutes 05-06-02MTNUTES OF THE AGENDA PREV'rEW CONFERENCE HELD TN CONFERENCE ROOM B, CI'TY HALL, BOYNTON BEACH, FLORTDA ON MONDAY, MAY 6, 2002 AT 4:00 P.M. Present Gerald Broening, Mayor Ron Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, 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. ZV.A. Appointments to be made An update on Advisory Board appointments and eligible applicants was distributed to the Commission by the City Clerk's office. V.A. 1. Vegetation and Tire Amnesty Week - May 20-24, 2002 Public Works Director .]eft Livergood announced that this Amnesty Week had been advertised in the newspaper, on City water bills, and on brochures and flyers. V.B.1. Proclamations It was the consensus of the Commission that if no one is present at the Commission meeting to receive proclamations, the proclamations would be announced rather than read. V.B.3. Presentation by Hunters Run Homeowners Association to Boynton Beach Fire Rescue, Boynton Beach Library, Boynton Beach Children's Museum, and Advisory Board on Children & Youth The City Clerk will confirm that Mr. Rosenstock will attend the Commission meeting. VT.A. Caf~ La Notre Mike Rumpf, Planning & Zoning Director, stated that the conditions for this item have been revised. The condition dealing with the hours of outdoor operation is the only item not agreed upon by the applicant. Staff has proposed the hours of 4-8 p.m. on weekdays and 4-10 p.m. On Fridays & Saturdays. The applicant wants the hours extended to noon-8 p.m. on weekdays and from noon-10 p.m. on weekends. The applicant considers weekends to include Sundays. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida May 6, 2002 City Attorney Cherof has spoken to the applicant's attorney and the applicant is very confident that if she is allowed to operate during those hours for some test period as a condition, there will be no complaints and it will not be an issue. The applicant is amenable to an additional condition that the granting of the Conditional Use would be temporary and that there would be a date certain that it would return to the City commission for review. A revised staff report was distributed to the Commission. V:~I.C.6. Proposed Resolution No. R02-077 Re: Authorizing the execution of a drainage easement between the City of Boynton Beach and Stor-AII LTD The above item was added to the Consent Agenda by City Attorney Cherof. W:[Z.A. Discussion of long-range plan for Boynton Woman's Club City Manager Bressner explained that there will be a PowerPoint presentation on this item during the Commission meeting. He will be requesting a motion to authorize staff to set up a negotiating team with the Woman's Club for purposes of a long-range use of the building by the City. A lease agreement would come back to the Commission. He suggested that an elected official be part of the negotiating team. Commissioner McCray had concerns regarding lost revenue and he believes the Commission should discuss this. He also was concerned because the City cannot expend public funds to benefit a private entity. City Manager Bressner stated that the lease agreement provides the vehicle by which the City has use of the property and he believes the City has the ability to legally use public dollars. He stated that the City Attorney could officially respond to the legality at the Commission meeting. Assistant City Manager Hawkins said that the Woman's Club could become a financial benefit in the future. [X.A. Review of Proposed Amendment to Development Agreement - Harina Project (May 2002) City Manager Bressner announced that he would be meeting with the developer of the Marina on Wednesday. :[X.B. Proposed Resolution No. R02-0::E6 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01/15/02 (May 2002) 2 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida May 6~ 2002 City Manager Bressner does not believe May is an appropriate date for this item as we are waiting for information from the CRA and the appraiser of the property. This item will be changed to the June meeting. :D(.C, Discussion of proposed Charter Review (May 2002) City Manager Bressner will have a report for the Commission for the second meeting in May or, more likely, the first meeting in June. TX.D. FRA Whistle Ban - Report (May 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking This item is still delayed and will be changed to the January 2003 meeting. :IX.E, Discussion of water and wastewater rate options (May 21, 2002) The Commission will have the rate option report by Tuesday. IX.F. Lake Eden Canal Maintenance Options (May 21, 2002) A report on this item has been distributed to the City Commission and mailed to residents. XTT.A.I. Proposed Ordinance No. 02-016 Re: Amending Land Development Regulations, Chapter 1, Article V. Tmpact Fees and Dedications, Section 3, providing for implementation of a park and recreation facilities impact fee City Manager Bressner reported that the Planning & Development Board has reviewed this proposed ordinance. Planning & Zoning Director Mike Rumpf said that Mr. Ensler had brought up a concern at the Planning & Development Board meeting. The way the ordinance reads now, it does not provide the Commission with a clear option of the requirement for land. X~[~[.B.I. Proposed Ordinance No. 02-018 Re.' Annexation of 0.67 acres of vacant land located on the east side of Old Dixie Highway between Hiller Road and Gulfstream Boulevard (CKS) City Manager Bressner suggested that since this land is ready to be brought into the City limits, the City should install the utilities in this area and then do some type of recapture agreement. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida May 6, 2002 XII.D.l. Motion to approve mediated settlement agreement with Smith & Company, Inc. regarding the Gateway Boulevard Construction ProJect City Attorney Cherof added the above item under Legal - Other. Car Wash City Attorney Cherof spoke regarding the car wash behind the Texaco Gas Station. He said that the Commission may want to preliminarily discuss this under old business The applicant has come back with a different concept of access to the easternmost part of the property, where the car wash would be. This would require a permanent right-of-way crossing on the north side of the gas station. This might be a minor site plan modification, which would not come back to the Commission. However, the Commission did vote to approve a specific site plan for the car wash and would not want it perceived that this administrative process would circumvent the Commission's action. Mayor Broening suggested revisiting this issue after the applicant talks with staff. XIII,A. Update on Mangrove High School Restoration (Tabled£rom April~6~ ~) Commissioner Ferguson asked what the deadline was if the City goes to a referendum regarding the old high school City Clerk Prainito stated that the deadline for the September ballot is July 22® and she will check on the deadline date for the November ballot. Other Vice IVlayor Weiland announced that he would be going on vacation and would not be able to attend the first scheduled City Commission meeting in August. City Manager Bressner distributed the following informational items: · Follow-up to the April 16, 2002 City Commission meeting, · Square footage of the library and the old high school, · Development Atlas, which contains demographic and development data prepared by the Development Department. 4 Meeting Minutes Agenda Preview Conference Boynton Beach~ Florida May 6~ 2002 There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:30 p.m. A'I-I-EST: Deputy City Clerk (one tape) CITY ~BOYNT?~N ~,~ACH ~. _ Vice Mayor Commissioner 5