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Minutes 02-03-03 Mi'NUTES OF THE AGENDA PREVTEW CONFERENCE HELD I'N CONFERENCE ROOM C, WEST WI'NG, CI'TY HALL, BOYNTON BEACH, FLOR/DA ON t4ONDAY~ FEBRUARY 3f 2003 AT 4:00 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, 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. He announced that at 5:00 p.m. on Tuesday, February 4th, there would be a workshop with the consultants regarding the Land Development Regulations. Tt was noted that there would not be a quorum for the City Commission meeting on March 4, 2003. l:t was ascertained that there were no publicly advertised items for that date. After discussion, it was the consensus of the Commission that the March 4t~ City Commission meeting would be cancelled. This will be noted on the agenda under Announcements. l:t was noted that the Agenda Preview Conference scheduled for March 3rd would be cancelled also. VT.A, Gateway Plaza (COUS 02-005) It was the consensus of the Commission that because this item was tabled by the Planning & Development Board at the applicant's request, there should be a motion by the Commission to table this item to a date certain (March 18, 2003). VII.C.1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED ON JANUARY2.Z, 2003,) City Manager Bressner announced that he had received an E-mail from a boxing promoter requesting approval for a boxing match in March. The property in question, Club Ovation, has a nightclub conditional use and professional boxing events are not permitted under the nightclub usage. That would require a zoning text amendment. He suggested that the boxing promoter contact the Development Department. City Manager Bressner did not want the promoter to assume that he has the authority to have a boxing event even if the Commission does not adopt this resolution. City Attorney Cherof explained that if the Commission adopted the resolution and prohibited professional boxing anywhere in the City, it might give the Planning & Zoning staff an opportunity to review the Zoning Code and decide where it would be appropriate if and when the Commission decides they want it. Currently, it is not appropriate anywhere except in an M- 1 zoning district. Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida February 3, 2003 When questioned, he said that the State Boxing Commission does not have the authority to preempt local zoning. Tn order for a boxing event to take place at Club Ovation, they need an occupational license for boxing, which they do not have, and they need underlying zoning that does not exist. Mayor Broening felt that it needs to be made clear to the owner and the promoter that there is no occupational license and no zoning in place. This item should be pulled for discussion at the Commission meeting. Mayor Broening does not necessarily want to prohibit professional boxing in the City as long as it meets our codes and is done in an appropriate place. He hoped that the distinction is clear between this resolution and the request from the boxing promoter. VTT.C.3. Proposed Resolution Re: Authorizing the purchase of 4 parcels of land from Nicholas 3. Rostanzo in order to construct a series of retention ponds associated with the NE 7th to NE 10th Avenue Stormwater Tmprovement Project Commissioner McCray had concerns regarding the purchase price being 20% over the appraised value. Dale Sugerman, Assistant City Manager, explained that the price started at about ~.00% over the appraised value and that this was a successful result of negotiations. Assistant City Attorney Cherof advised that this resolution would require an extraordinary vote of the Commission. VTT.C.7. Proposed Resolution Re: Approval of Amendment #1 to contract #002-2413-03/C3D, construction of NE 19th Avenue Sanitary Sewer Main and Water Main Replacement to Chaz Equipment Company, [nc. to include additional construction services for the Poinciana Heights Water Main Improvement Project in the amount of $550,355.55 with a 90-day extension; and approval of a 10% contingency fund of $55,035.55, for a total funding limit of $605,391.10 Commissioner Weiland questioned the amount of this amendment. Assistant City Manager Sugerman explained that this was for the same type of work in a different section of the City. They are the same unit prices. The City would be piggybacking on itself. This is an amendment to an existing contract. City Attorney Cherof advised that this should be viewed as a new contract and not a change order. VTI.D. Ratification of Planning & Development Board Action City Manager Bressner noted that the proposed Hampton Court project on 23rd Avenue is not on the Commission agenda but it was heard by the Planning 8, Development Board. :It was the subject of a court order and the court order allowed them to go before the Planning & Development Board for consideration and the Board denied it. 2 Meeting Minutes Agenda Preview Conference Bovnton Beach, Flcrida February 3, 2003 City Attorney Cherof explained that the only thing the City stipulated to was to allow this court case to be reviewed. :If the plaintiff had obtained a favorable recommendation from the Planning & Development Board, then certain things could happen. However, the Board did not approve the application so it is over. He further explained that this does not preclude the applicant from inviting the City back to court, either by stipulation with the City Commission or a unilateral petition to the court for a change. VZZ. H. Approve Special Event Permit for The Community Tent Revival Event to be held from February 24-March 1, 2003, subject to tent inspection by City officials This item should be removed from the agenda since they have cancelled their event. VTZ.K. Report on Amendment to Order of Business at City Commission Meetings City Manager Bressner explained that he had placed this on the consent portion of the agenda but it could be pulled for discussion. XZZT.A. Limited Access Self-Storage (CDRV 02-004) - Discuss amending the Land Development Regulations Chapter 2. Zoning, Sections 6(a), 6(b), 6(c), 6(d) and 11.O to restrict self-storage facilities to the M-1 Zndustrial zoning district; and to amend the supplemental regulations governing SELF SERVZCE STORAGE FACZLI'I~ES (MZNZ-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district Mike Rumpf, Planning & Zoning Director, explained that this item was proposed to come forward with language to be reviewed by the City Commission Other City Manager Bressner commented that Boynton Beach was on the front page of The Wall Street Journal today in an article regarding volunteerism. City Manager Bressner distributed an agenda for the Workshop on February 4t~. Quintus Greene, Director of Development, explained that the purpose of the Workshop was to address any concerns that the City Commission had with the Land Development Regulations, whether they felt that the Regulations meet the City's goals, and what might be beneficial to change. Doug Hutchinson, CRA Director, reported that there would be a CRA Workshop concerning the review of seven sizeable projects in the CRA area. He asked whether the City Commission wanted to be a part of this workshop. After discussion, it was the consensus of the Commission that this workshop would be a joint workshop between the CRA and the City Commission and it would be scheduled for Saturday, March 8th, at 9:00 a.m. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:35 p.m. Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida February 3, 2003 CTfY pi:: BOYNT/O~ BE/~H ~ /../"//.,,'/. · (_~ayor . / ~ A-I-I'EST: ~ Deputy City Clerk Commissioner (one tape) 4