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Minutes 11-04-99 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE WEST WING, CONFERENCE ROOM C, CITY HALL BOYNTON BEACH, FLORIDA ON THURSDAY, NOVEMBER 4, 1999 AT 4:00 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager Jim Cherof, City Attorney Dale Sugerman, Assistant City Manager Janet Prainito, Deputy City Clerk I. OPENINGS: Mayor Broening called the meeting to order at 4:13 p.m. and asked everyone to introduce himself or herself. OTHERS PRESENT Jose Aguila, representing the Currie Partnership Carmen Garcia, Boynton Beach Marina David Layman, Esquire, representing Boynton Beach Marina Marty Perry, Esquire, representing the Two Georges Bill Skaggs, Jr., Owner of Two Georges (At the request of Interim City Manager Hawkins these minutes have very little editing and are for the most part a verbatim transcript.) Mayor Broening thanked everyone for coming to the meeting. Mayor Broening does not doubt that the issues cannot be settled amicably and beneficially for both parties. Our intention is not to impede redevelopment, but rather to facilitate it. I think within this discussion, we can find some methodology and resolution of the issues. Attorney Perry requested to start and said he appreciated the meeting having been convened. He may be the only one a little bit confused, but is comfortable at this point. His only disappointment is that he could have been better prepared. Attorney Perry said that shortly after the meeting in which the City Commission approved the amended Development Order and site plan for the Marina Project, he tried to schedule a meeting with the City Attorney and with Mr. Sugerman, the Assistant City Manager. Attorney Perry said he had 30 days to decide what his client was going to do and what was in his clients' best interest. Attorney Perry wanted to resolve their concerns without the necessity for litigation and to express that even if it became necessary to file something in order to preserve their rights and not waive the time periods, they would do that with the idea negotiations would continue. Unfortunately, the parties were unable to meet MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 until two or three days before the deadline for filing litigation. To preserve my clients' rights, the appropriate pleadings were prepared. Attorney Perry said he met with Attorney Cherof and Mr. Sugerman two or three days before and said he was giving them a courtesy notice that we have to take this action, but we are hopeful that we can continue to amicably resolve these issues. We believe there is an amicable resolution. Our goal is not to stop anything, but to protect ourselves. He said that was one of the most fruitful meetings they have had even though we were only discussing methods of solutions. For background information, Attorney Perry said that the Skaggs family contacted him and he became involved with the Two Georges, when the Skaggs were having difficulty getting permits for improvements to the business that they recently purchased. The Skaggs had been attending meetings with the former Commission. The Skaggs had seen the plans and had some groat concerns because the new elevation of the street was significantly higher than the elevation of their finished floor. The Skaggs were feeling frustrated with getting anyone to listen to them. Some of the comments directed to them was why don't they just tear their old dilapidated building down and start all over again. If they did this, they wouldn't have to worry about the elevation difference because they could raise their elevation. Consequently, they came to Attorney Perry, who wrote some letters that were not responded to. It wasn't until Attorney Perry filed Chapter 120 proceedings to review administrative action by the D.E.P. that anyone paid any attention to them. Attorney Perry said this all happened in January when they objected again along with Janet Hall to the approval. We were sent out for discussion purposes and everyone (the Garcia group, Janet Hall, ourselves) sat down and after much discussion and some intervention by the former City Manager, a comprise was reached that we all thought made some sense. It solved the problem of additional parking, it provided funding that we were advised was available and it provided a method of reimbursing the City for the funding. Basically, everybody was happy. This all fell apart and never went forward and we are where we are. Nonetheless, we are still confronted with the same problems. If any of you have been down to the restaurant, there is a terrible parking problem and there are cars all over the place. I have counted at one time in excess of 200 cars. Most of them were at Two Georges and some were for the dive boats at Mrs. Hall. This is a very active place. It is everything you want in that area, together with the proposed improvements by the Marina Project. The Marina Project is going to make this an exciting place to be. Attorney Perry said the Skaggs have spent to date approximately $300,000 in improvements and have plans to spend another couple hundred thousand dollars. They are serious and they are putting their money where their mouth is. We need to resolve some of these issues. The proposed street is walling off his business. There are MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 approximately 40 parking spaces that are going to disappear that have been used for decades at this location. I have heard the argument that it is great not to have enough parking spaces. Attorney Perry said he couldn't find a parking space at City Hall and that is a real pain in the neck. Parking is a real problem. Attorney Perry said we were asked by Attorney Cherof at =the meeting just before filing suit to put together a list of what we think we need to rectify the situation. A list was put together. He said there are a couple of things on the list they are prepared to walk away from, and one thing is not related at all and is permitting. The reason for that is there is a prior history where we had difficulty in getting permits for approvals and we don't want to get caught in that again. We want to know that because we were attempting to protect our interests and our rights, that we are not going to be punished. We want to know if we can go forward. The Skaggs have been in very serious negotiations with Janet Hall. Janet Hall is a nice lady, but has been considered to be a little bit of a problem in terms of negotiating solutions down there. The Skaggs felt they could solve part of the problem and acquire Janet Hall's property. They have been in negotiations and there is a very good possibility that those negotiations in the next few days are going to be resolved successfully so that we will now have one property owner who will control the entire southside of Casa Loma Boulevard. This would be in everybody's interest and makes things a lot simpler to resolve vital issues. We need to do something with the parking area. Attorney Perry said they could go through the letter that he sent to Attorney Cherof; we can discuss them and then you can make your own comments. The letter is not a secret and everybody has seen it. Commissioner Denahan stated she has not seen the letter. Attorney Cherof asked Deputy City Clerk Prainito to make copies of the letter for everyone present (a copy of which is attached to and made a part of the minutes). Mayor Broening said if he could recall some of the issues were very broad. They were issues of- · parking, · access to the Skaggs property (and hopefully to the single Skaggs' strip), dealing with disruption during the construction phase, and · elevation of the street. Mayor Broening asked if these were the four issues and Attorney Perry stated these were mainly the four major issues. Attorney Perry said they do not have the benefit of the current plan for the improvements to the street that shows the area that is walled off. HOwever, they do have a plan that was presented to the City in February. This plan showed the proposed solutions along the street, relative to the area between the Janet 3 r MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 Hall building and the Two Georges' Buildings on the south side of Casa Loma that is currently used for parking. This plan was presented to the Commissioners to review. Attorney Perry said the biggest problem they have is the elevation difference and the loss of the entire strip, which is approximately 400' long under the current proposal. Mayor Broening said he recalled that there was an access ramp and an exit ramp on the plan he had previously seen. Attorney Perry said it was proposed to raise the elevation of the strip to the same elevation of the new constructed street. This would make it a much more attractive proposition. Attorney Perry said that this was going to cost some money and that was where the $750,000 was to be used. They had proposed using parking meters to pay the City back for the funds. Attorney Perry said currently there are striped parking spaces and there are currently 29 spaces. Mayor Broening felt this was about 35'. Attorney Perry said 35' would be the width, but it is about 400' in length and what had been proposed was to build that area up to the same elevation as the street in order to make the whole thing an attractive thing to look at and to find a way to pay for it. Attorney Perry noted that Vice Mayor Tillman had made the comment why should the City pay for them to improve their property. Attorney Perry said it is basically a condemnation type of thing and what you are doing by improving that street and raising the elevation and walling it off, is depriving Two Georges of the use of it. Attorney Perry said they are not asking for anything for nothing. They are asking to be put back where they were before or compensate us so that we can do it in such a way so as not to make it look like a mess. Mayor Broening said that they are primarily looking for a way in and a way out. Attorney Perry stated that the other issue was the full circle (which he pointed out on the map) that had a series of elevation changes and railings. He continued to point out different areas on the map pertaining to access issues. There was an access issue; both from an emergency standpoint and we all agreed that a better plan was the one we had proposed. Our plan opened the area up and kept the circle, so that delivery vehicles could get to both restaurants, the existing one and the one to be built. He pointed out how there would be access to the docks. Vice Mayor Tillman asked City Attorney Cherof when the City is acting in the best interest of its citizens with intentions to improve property, which it owns or controls, is the City entitled to improve adjacent properties? Attorney Cherof replied that the City is under no obligation to improve private property, but public improvements can enhance or can be a detriment to private property. Attorney Cherof said the City's position in approving this plan through its Development Department is that the elevation of Casa Loma Boulevard is an enhancement to this area, not a detriment. He said the parking space being referred to as being lost, is parking that was occurring on Mr. Garcia's property. This parking was taking place in the right-of-way because the right-of-way was not clearly identifiable because of its deteriorated condition. Attorney Cherof said 4 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 that Two Georges has to acknowledge that they do not have parking required under the current code. Attorney Cherof said Two Georges has acquired property off site for valet parking. He said they made a very positive move in that direction when asked to do so. He thinks the improvements being discussed are improvements and thinks the developer of the adjacent property will take that position as well. With respect to the cul-de-sac area, it is designed to permit access eastward between the cul-de-sac and the Intracoastal area. The whole purpose of the license agreement that the Commission approved with the last amendment was to allow Two Georges and the new restaurant to have access to use it as a seating area. The agreement entered into with Mr. Garcia provides that there will be license agreements, half of it being offered to Two Georges to use for outdoor seating. Additional occupancy issues may arise from this, but it is available. Mayor Broening said he went down to the site after the storm and was astounded to see the Intracoastal one-third of the way up Casa Loma Boulevard. It seems to Mayor Broening that an elevation improvement on Case Loma would be desired. Attorney Perry said they do not argue this point, nor do they dispute the fact that what's being proposed as part of the Marina plan is an improvement. Attorney Perry said their argument is that it is an improvement, but has a negative impact on Two Georges because it walls them off. Mayor Broening asked Attorney Perry to point out the elevation of the wall on the plan, which he did. Commissioner Denahan requested that after Attorney Perry reviews the plans with the Mayor and members at his table, that he make the same presentation to her and members at her table. Attorney Perry stated that the approved plan was never changed to reflect the changes that he pointed out. A gentleman at the table said the plan was submitted as an alternate plan. This same gentleman also stated that a ramp or access in the middle of the project would not be possible because of the handicap accessibility code that requires a minimum slope. Commissioner Denahan said that the parking spaces would become a drainage area. Mayor Broening said this brings us back to the parking issue and not access. Mayor Broening said the City is involved in a parking study and the first phase is due on NOvember 15th, which is the downtown parking plan. Mayor Broening acknowledged that Mr. Skaggs has property on 2nd Avenue, which depending upon the City's parking study, is a potential relief to the downtown parking issue. Mayor Broening sees an admirable agreement for a possible joint venture in there. You need places to park cars and you have a place to park cars, whether it is surface parking initially, or whether it becomes a structure. Mayor Broening said that whole area is going to need parking and during the Marina Project, the City specifically spoke about having a downtown parking plan, which would mitigate the City's parking shortfall. 'This is something we need to examine and Mayor Broening thinks there is a possible mutually beneficial arrangement that could be made. The City by ordinance must run any parking 5 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 operation; however, some kind of arrangements could be worked out. Mayor Broening asked if staff had any comments, whether technical or legal. Attorney Cherof said that when you sit down with property owners under the concept of redevelopment and the City's previously announced commitment to redevelopment, a better solution is around a table like this, than in court. Attorney Cherof feels that Attorney Perry has Overstated the strength of his legal case. Mr. Sugerman noted that Attorney Perry on behalf of his client is asking the Commission to be concerned about their parking dilemma caused by this project. Mr. Sugerman said in realty Attorney Perry's client does not own any parking at the site and yet he is making a claim that the City is impacting that site negatively by what the City is doing and that it impacts negatively on the parking, none of which they own. Attorney Perry said they are a business that has been in existence for several decades and they are grandfathered. He said they are under no obligation to provide additional parking and the fact of the matter is, if we are correct, you have approved a project that does not meet current parking codes and is in fact going to exacerbate an existing parking problem. Therefore, there is a parking problem that has been created. Attorney Perry would like to find some common ground for a solution. Mayor Broening said our intention is to facilitate rehabilitation and to assist people with their business ventures. Interim City Manager Hawkins said that one of the things that the parking study will do is to identify potential areas that could be used for parking as an overall solution in the CBD. No knowing what the study is going to specifically recommend, we won't know until the study is submitted. That could be an area to be looked at as part of the parking solution. Commissioner Denahan said that the Skaggs have expended approximately $300,000 in improvements and it sounds like more than the building was worth in the beginning. Commissioner Denahan clarified she meant the building, not the business. Attorney Perry did not know what the building is worth. Also, Attorney Perry did not see any relevance to this. Commissioner Denahan said that the Skaggs are saying the City is condemning the property, but they should have been fully aware that the Marina Project was coming on line and would go forward. She said you have expended a tremendous amount of money and you chose to be grandfathered in and make improvements instead of starting over and bringing the property up to current code. You made that a conscious decision. Attorney Perry replied the Skaggs bought a piece of property that was in existence and in their opinion was in a state of disrepair. They bought it because they thought it was a 6 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 good business location, with the idea they would make improvements to it. There have been discussions for 10 to 15 years relative to improvements in this general area. Did they specifically contemplate that the road level was going to be increased to about two or three feet? The Skaggs followed the meetings and when they learned that was going to be the case, they became concerned and started to ask questions. This is going to create a problem and can't we sit down and talk about this. That is what brought us here and what the building was worth to begin with is now worth $300,000 more. The building doesn't sit on the strip of land that is being walled off. That is the area that was used for the only parking that has been available to them and that is what is being taken away. Vice Mayor Tillman said the only obligation the City has is to itself. The parking is owned by the City and not by the occupant. The City has no obligation to the Skaggs whatsoever. Vice Mayor Tillman asked who owns the land where the parking will be lost? Attorney Perry said they own the land. Mayor Broening said they were talking about the access issue. Attorney Cherof said there is no approved parking lot. Attorney Perry said there is striped off parking on Casa Loma. Vice Mayor Tillman said that this is a public right-of- way. Commissioner Weiland said you have been using public right-of-way parking for years and years and years and it has belonged to the City. Commissioner Weiland pointed out that all the parking spaces in the middle between Janet Hall's property and Two Georges is on public right-of-way and belongs to the City and you have been using them free all these years and they don't belong to you. Commissioner Weiland also said you have been parking across the street on Mr. Garcia's property and he has never charged you a nickel. Commissioner Weiland said now might be time, things change and we have to adapt and come together. Commissioner Weiland said we are not taking your parking. Mr. Skaggs said you are taking my land. Vice Mayor Tillman said it is the City's land. Mayor Broening said that this issue has gone away and that they would get access to this 400' strip of land one way or another. Mayor Broening said that is not the issue. The issue is the parking along Casa Loma, which has been grandfathered in. Mayor Broening said the reason for this meeting is to come up with reasonable conclusions to that. Attorney Perry stated those statements have been taken out of context. Mayor Broening said that it has been non-conforming and that nobody can argue that Casa LOma is a public thoroughfare and nobody can argue that whoever owns this strip of land would be cut off and if cuts were provided that issue hasn't gone away. Mayor Broening said the issue of downtown parking will be coming before the Commission and a solution for the parking could conceivably include parcels of land that Mr. Skaggs owns and would be a resolution of a City problem and a resolution for Two Georges. In that light, we don't have our parking plans yet and don't know if it fits. It certainly seems MEETING MINUTES SPECIAL CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 logical and good sense that it would and we have to wait to see what the study says. Mayor Broening said that is the spirit we have to enter into right now. Mayor Broening said his intention is to support redevelopment in whatever form it takes, as long as it is good and nobody will deny that Skaggs' crab cakes are the best south of Virginia. There is room for accommodation. Vice Mayor Tillman said he didn't want to leave this meeting with the perception that the City is going to do a "tit for tat" if there is some land available. Vice Mayor Tillman said it is in the best interests of the City to find the best possible land downtown for the dollar, regardless of who owns it. Vice Mayor Tillman would like to wait for the parking study. If the CRA is going to be in the business of parking, we need to make sure we are not caught in a situation that we can't get out of. Attorney Perry thanked the Commission for their comments, and not withstanding the Mayor's good intentions, we haven't offered that piece of property and we have suggested in the letter that on an interim initial basis that it might solve parking on a temporary basis until the City in fact did find a permanent solution to its parking problem. Attorney Perry said that under no circumstances did they intend to offer the property as something for the City to start working on. If discussions lead to that down the road and his clients are amenable to that, all well and good. Attorney Perry said they are not here today for the purpose of offering a "tit for tat". We are here because we made a proposal. If you don't like our proposal, tell us you don't like our proposal. If there are parts of it you like, tell us what you like and tell us what you don't like. If you don't like anything, then we will all go back to square one. I am willing to sit and discuss anything. Commissioner Denahan asked to which proposal Attorney Perry was referring to and he stated his letter that was handed out. Interim City Manager Hawkins asked Attorney Cherof to outline some of the City's initial legal responses, because I think there are some things that we need to look at. Attorney Perry said this was fine and if the City was going to respond, he would like to have it in writing. Attorney Perry restated that the only time the City pays any attention to them, is when they have had to resort to litigation, and that is extremely unfortunate. All we are looking for is somebody, gee we recognize that some of concerns are valid concerns. What can we do to solve them? Mayor Broening said that is the purpose of this meeting. Commissioner Denahan said that the letter is a list of concerns and she does not see a proposal. Attorney Cherof said it is more than a list of concerns and is a list of issues that needs to be reviewed one by one. Attorney Cherof said that Attorney Perry has already indicated there may be one, two or three or more items that are throwaway items for them and there are two, three or four that are must have items. They need to be addressed one-by-one if we are going to come to some resolution of this matter. 8 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 Attorney Cherof suggested that the "wish list" be divided into two categories. One category that is related to the approved site plan, which they are challenging and another category that are long-term business objectives. They are both valid objectives, but you should focus first on the ones that are site plan related that impact pending litigation, because while those are pending, there is another party at the table that has not said a word yet today and they will be greatly impacted by anything you want to negotiate to make Two Georges happy. They may not be amenable to that; although I suspect that they will. They have been amenable to every request that the City has brought to them since their initial proposal to build the project. I would venture that nine out of the ten things that the City has asked for in terms of concessions from Mr. Garcia's group have been conceded to, have been provided and now have found their way into the Developer's Agreement. You have done very well with Mr. Garcia. Now, you have added another list of items that are requests or demands and some of them directly impact their approved site plan. I am sure they are wondering what their responsibility or obligation is with respect to satisfying those requests by Two Georges and those have to be answered. Mr. Hawkins pointed to the second to the last paragraph on Page 4 of Attorney Perry's letter that characterizes what Attorney Perry is trying to get you to do. "We believe these requests are consistent with incentives granted to Marina Marketplace. My clients have expended significant funds toward improving their area of the waterfront and are committed to further expense. As an integral part of the CBD, they are entitled to similar treatment." Attorney Cherof asked Attorney Perry what else goes into the category of impacting their approved site plan. Attorney Perry said they are easily divisible and the issues that relate to the site plan are Items 6, 7, 8 and 10 somewhat. Attorney Cherof quoted from Item No. 8, which says "The City has long recognized the claim of ownership on the part of the owner of Two Georges to a portion of this area of Casa Loma Boulevard." Attorney Cherof said factually, it is just the opposite. The City has always contested their claim. Attorney Perry is not arguing and it may be a poor choice of words that they have had a claim that you acknowledged existed. Mr. Sugerman said that the City is recognizing the claim, not the ownership to which Attorney Perry agreed. Attorney Perry suggested that you could leave No. 10 out. Commissioner Weiland asked about No. 8 and isn't this a throwaway item? Attorney perry said they put this in primarily from the standpoint of the cost of the improvements, as well as the quitclaim, as opposed to the license. If we were to make some progress along the line here, I have discussed it with my clients and they would be prepared to go back to their original understanding, which was they would bear the cost of their share 9 MEETING MINUTES SPECIAL CiTY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 of the improvements, which was basically the pavers, etc. We had spent some time on this and even came up with some projected figures on it. Attorney Layman cited that the current approval provides that if they pay their share, they would get half of it by license agreement. Attorney Perry said they are saying instead of license, just quitclaim. Attorney Cherof wished to point out the difference between a license and quitclaim. The previous Commission had a strong desire to preserve the right of the public to walk to the end of Casa Loma Boulevard and look out over the Intracoastal. A license agreement seemed to be a better vehicle so that the public could not complain that the Commission had deeded it away. Attorney Cherof said he did not think you would find people fishing at the end of Casa Loma Boulevard any longer. Under our plan, they would be able to walk down there and take a look. Attorney Perry said they have no intent to prohibit that. He said this is the most easily worked out issue on the table and is not a stumbling block. Mr. Aguila said that they have an approved site plan and are submitting the plan with our infrastructure improvements on it tomorrow or the next day. This could be an alternate plan you are talking about for the Overlook. If the approved site plan that we have in the City does not show it, we have to keep our plans indicating what has been approved. We don't have a problem whether it is a license or a quitclaim. Mayor Broening asked about the ramps. Mr. Aguila said that impacts other things. Parking for one that we didn't want to talk about and it will affect parking and as long as it is not penalizing us or them, we submitted several plans showing that. Mr. Aguila said we have indicated those ramps on earlier plans and it is a doable thing. Three ramps won't work. Commissioner Weiland said we have a parking problem and if we put the ramps in, we will create a further parking problem and you won't be happy. Mr. Aguila said you have to weigh the issue. Attorney Perry said they are insistent on raising the elevation and when you ramp down you are going to lose your ability to put in a certain amount of parking. If you get the elevation the same as the street, not only is it much more esthetically pleasing and complimentary to everything else taking place, but in addition you can put more vehicles in there. It really tends to solve more than it hinders. That really is the reason for pushing for raising the elevation. Attorney Perry said the main issue on the table is Item #7. He noted that an amended site plan coming in dealing with the issue of Point Overlook is in effect along the lines of what was originally approved. That takes away a number of problems. There isn't anything we can't work oUt in Item #8. The access issue of participation during reconstruction of the street, I assume that no one has problems with that. I am not just talking about temporary 10 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 parking. I am talking about how the roads are going to be done and how people would get in and out of there. Mayor Pro Tem Sherman asked how we are going to resolve Item #1. Attorney Perry said he is looking for your help. Commissioner Denahan said it is logical to raise the elevation. Attorney Perry agreed with this. It makes better sense aesthetically and from an efficiency standpoint and it makes better sense all the way around. Attorney Layman asked if the Boynton Marina Project would have access to that parking, like Two Georges has access to our parking? Attorney Perry said they have not contemplated that. Originally, the contemplation was that everything would be shared all the way around. We are now at a significantly lower number than what we originally contemplated. We contemplated 330 in the beginning and then it was 318/319. Now, I think we are well below that now. Vice Mayor Tillman said all things being equal, they are using your property now. When the elevation is equal, won't you again have access for sharing? If the elevation is raised for Two Georges, shouldn't you provide access for everybody else? Vice Mayor Tillman said that would be fair. Attorney Cherof said part of the purpose of the meeting as expressed through me, who sent out the invitations was a vehicle to bring the pending litigation to an end. It sounds tome if we could tackle 6, 7 and 8 and resolve those, we could bring the litigation to an end and take the cloud away from the property and move forward. The other issues on the list 1 through 5 are really site specific expansion and improvement issues, which should be resolved through the normal process of seeking permits and approvals. Maybe this would be a good stopping point with the Commission asking the administration to do some analysis of how items 6, 7 and 8 would be accomplished. Eight we have agreed the lawyers could get together and figure out the vehicle for doing that. Six and seven require some analysis on how to do ramping and what the cost would be. Mayor Broening said we need to know the cost of bringing it up and who pays for it. Attorney Cherof said part of that will complicate the end result of 6, 7 or 8. Further, Attorney Perry has referenced that they don't own all the property that we are talking about. Maybe by the time we get there in a few weeks, they will have it under contract. Right now we are missing one of the players to resolving items 6 and 7. Attorney Perry said he is in no position to clearly control it, but within a short period of time we will know whether we do or don't. 11 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 Mr. Sugerman asked regarding Item 7 if the parking that would go on that be used to satisfy the parking requirements that would be imposed by the City based upon the requested improvements to the Two Georges facility? Attorney Perry referred Mr. Sugerman to #5 and doesn't want to run subsequently into any problems with the City relative to parking. Clearly parking through this whole area is a problem and it has been further exacerbated. Hopefully with some long-term solution in sight, but I don't want to be dealing with somebody looking at me and saying you don't have adequate parking here. Attorney Perry said we are looking for that strip. Mr. Sugerman asked if Attorney Perry was aware that the City Commission has the authority on a case by case basis to reduce the parking requirements in the area where this property is. Attorney Cherof said he would answer this. Attorney Cherof said Attorney Perry knows of that provision in the code and he is currently claiming that it is unconstitutional. Attorney Perry said they do have that right and they also have the right to adopt an ordinance to exempt the need for parking in this area. There are all kinds of things you can do in a central business district. Attorney Cherof said that staff needs time to analyze Items 6 and 7 and Attorney Perry needs time to get the other property under contract so that he could speak on behalf of allof it. I don't know how much time he needs, but I am going to guess that staff needs a couple of weeks. You have a parking study that is coming back that might give some insight into #5 which is not circled and meanwhile there is litigation pending. I would suggest since all the parties to the litigation are here that we at least have an agreement walking out of this room today to abate the litigation while these discussions are ongoing. This way, we don't spend any money fighting it, or defending it, or prosecuting it. Attorney Perry said they have no problem with an amicable solution and that litigation is not in anybody's best interest and certainly we will be happy to do that. Attorney Layman said that Attorney Perry has filed three lawsuits, one against the City and two suits, one a petition for certiorari and another action in Circuit Court challenging the approval of the Boynton Marina Project against them. Attorney Layman asked Attorney Perry if this was correct and he replied yes. Attorney Layman said they were going to do whatever they can to get rid of the two lawsuits challenging our group and we are not going to abate anything and we are going to do whatever we can to get rid of them. Attorney Cherof said that sounds counter to the cooperative effort, but from a legal point of view it really is not. If we were the property owner, we would not want lawsuits 12 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA November 4, 1999 hanging out there any longer than necessary and Attorney Cherof respects that point of view. Attorney Perry said that is fine and you are talking about a month's worth of time and nothing is going to happen in a month that I am aware of. With that having been said by Mr. Layman, then obviously we are in no position to agree to abate with you. I don't see it as a great concern. Mayor Broening asked if there were any further comments before the meeting is adjourned. Mr. Aguila said we have tried to be cooperative and will continue to be cooperative, but we are the ones suffering and our project is being challenged. We can't just lay back and take it much longer. Mr. Aguila said we have deadlines on our Development Agreement and that is not moving ahead as we sit here. We need to keep moving forward. Attorney Perry said at the same time he cannot litigate with you and litigate with them as well. Mayor Broening thanked everyone for participating. The meeting properly adjourned at 5:20 p.m. ATTEST: ~/' City Clerk Recording Secretary (two tapes) Vice Mayor Mayor Pro Tem Comm~ssl~ner Commissioner 13 F. MARTIN PI~RY L~xw Oi~ F Martin Perry, P.A. 1645 Palm Beach Lakes Blv,I Suite 1200 ggest Palm Beach, Florida 33401 TELEPHONE ($61) 471-3507 FAX (561) 686.$442 SepTember 3, 1999 James A. Cherof, Esq. City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, FL 33425 VIA FACSIMILE 742-6054 Re: DSS Management, Inc. d/b/a Two Georges Restaurant et al v. City of Boynton Beach Deair Mr. Cherof: when ! met with you and Assistant City Manager Dale Sugerman last week, it was for Ithe purpose of providing you with courtesy advance notice that my clients cuuently feel that they have no alternative other than to appeal the recent decision of :he City Commission relative to the Marina Marketplace at Boynton Beach der .=lopment in order to protect their rights in view of the jurisdictional time limits for certiorari review of the action of the City Commission as well as relative to Section 163 3215, Florida Statutes, regarding Development Orders which are inconsistent wit! the City's Comprehensive Plan. It is also our position that portions of the City's ordinances are vague and ambiguous, and thus unconstitutional on their face or in thei application in this particular instance. Further, the proposed Development Plan whi:h has been approved will result in condemnation of significant portions of our clie~t's property. Copies of the various pleadings will have been served on the City by he time of your receipt of this letter. I ad vised you and Mr. Sugerman that my clients have no desire to maintain a litigious pos tion with the City of Boynton Beach, but feel that they have no alternative under the. circumstances but to file these actions to preserve their rights within the juri,,:dictional time limits. You and Mr. Sugerman suggested in our recent meeting that A,, Che~of' Sep~ntnlMr 3, 1999 of* 4 the City is now prepared to devote time and attention to issues raised by my clients and have requested information relative to my clients' concerns and needs. This being the case,o.and having now met our jurisdictional requirement, we are prepared, if you desire, t0"stay matters pending efforts to resolve all issues. The City should be aware that my clients have in the past year expended approximately $300,000 in improvements to the Two Georges facility. They have plans for significant additional improvements at significant additional expense. They are gravely concerned relative to the issue of parking. This concern appeared to be shared by four members of the City Commission on the night of August 3 prior to the approval. In fact, Councilman Tillman remarked during the course of the hearing that he feared there would be "fist fights in the parking lots" because of the inadequacy of the parking which was being proposed by the developer. On the afternoon of August 28, I personally counted in excess of 200 cars parked on and adjacent to Casa Loma Boulevard and Northeast Sixth Street. These were being utilized by customers, business invitees and employees of the existing businesses located on Casa Loma Boulevard. The spaces required by proposed businesses and residences will provide an interesting further degree of congestion, which, based upon all that I have heard thus far, has not been clearly contemplated. In the view of the foregoing, I submit the following list of needs and concerns on the part of my client: My client will be seeking permits for further reinforcement and raising of the concrete floor in its main dining room in order to place it at an elevation more consistent with the proposed elevation of Casa Loma Boulevard. Currently, the elevation of this floor is above the crown of the road for Casa Loma Boulevard as it now exists. The proposed raised elevation of Casa Loma Boulevard presents problems relative to the elevation of this floor, thus the need for a permit to increase the floor elevation. A permit will be requested relative to replacing the Tiki roof above the dining room floor described in the previous paragraph. My clients have previously discussed obtaining a permit to construct a dining deck above the water on the south side of their main dining room. They have title to this submerged land in this area and desire further expansion above the water. They desire resolution of issues relative to the upstairs,deck and the ability to utilize same. Jmes ,4. Cheroi~ Sepmnb~ 3, 1099 5. An exemption from off street parking requirements inasmuch as this is an issue that is now being controlled by the City in the Central Business District. Other cities such a$.Delray Beach have provided such exemptions in situations similar to this. A clear understanding as well as participation in the process of determining access during reconstruction of Casa Loma Boulevard as well as temporary parking during that period. Funding by the City for the impacted private property located along the south side of Casa Loma Boulevard which has been used for parking 'as well as access to the boat docks for many years. Under the prior proposal, this had been proposed to be bulkheaded and raised to an elevation consistent with the proposed elevation of Casa Loma Boulevard and was to include parking and access as reflected on a site plan proposed and submitted to the City on February 16, 1999. These improvements were to have been paid for with funds from the City. We are requesting that the City stand by its prior commitment. The City has proposed in one of the conditions to the Marina Marketplace that Two Georges be offered a license to use one half of the area described therein as "Point Overlook" upon Two Georges agreeing to pay for one half of the cost of the improvements. The City has long recognized the claim of ownership on the part of the owner of Two Georges to a portion of this area of Casa Loma Boulevard. We propose that, rather than a license, that the area be deeded to Two Georges and the expense of the improvements be borne by the City. This is consistent with the City's proposal to quit claim this area to the developer of Marina Marketplace. 0 My client wishes to have an understanding relative to the potential of future retail along the south side of Casa Loma Boulevard on the property lying 'immediately west of the most westerly Two Georges building on the south side of Casa Loma Boulevard. As you are aware from previous discussions, my clients own six lots one block south of Ocean Avenue between U.S. I and Northeast Sixth Avenue. They propose to utilize this for employee parking in order to provide some relief to what clearly will be a significant parking problem in the area of Casa Loma Boulevard. It may be that this lot may well be the potential further solution initially for parking in the area. I am not aware of any special provisions within the Marina Marketplace Development Order relative to employee parking for the businesses proposed for the Marketplace. Discussions certainly could be Jam-- A. Cherof September 3, 1999 Pqe 4 of 4 entered into relative to the use of this lot to provide relief in the form of parking spaces for e..mployees of the proposed businesses as well as for Janet Hall's businesses.'" In any event, my client is seeking relief from City parking regulations in order to maximize the utilization of this space which is surrounded by commercial uses and basically appears to be nothing more than the rear of several businesses north, south, east and west. The relief sought is from landscaping requirements as well as paving requirements, utilizing instead a shellrock base and perhaps perimeter hedging and screening only. believe these requests are consistent with incentives granted to Marina ~arketplace. My clients have expended significant funds toward improving their area o~ the waterfront and are committed to further expense. As an integral part of the CBD, they are entitled to similar treatment. I~ok forward to hearing from you with respect to these matters in the hopes that the issues raised by the pleadings which have been filed can be amicably resolved b~t, ween the parties so this area can proceed to develop in a manner satisfactory to all involved including the City, the developer of Marina Marketplace, Janet Hall and th~ public which will be continuing to utilize the area for the betterment of the City of 13oynton Beach. PI, Vi .~ase advise. st wishes. ,ry truly yours, Martin Perry cc~ Dale Sugerman William Scaggs, Jr. William Scaggs, Sr. H:\CLIENT~DSS Management~Cherof 9-2-99.1tr.wpd FACSIMILE 731-0065 FACSIMILE 736-4382 FACSIMILE 561-447-7740