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Minutes 12-01-03 MTNUTES OF THE AGENDA PREV/EW CONFERENCE HELD ZN CONFERENCE ROOM C, WEST WZNG, CTrY HALL, BOYNTON BEACH, FLOI~DA ON MONDAY~ DECEMBER 1~ 2003 AT 4:00 P.M. Present .lerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Carl McKoy, Commissioner Mayor Taylor called the meeting to order at 4:04 p.m. V.A. Appointments to be made City Manager Bressner said that notebooks containing resumes of Advisory Board members had been prepared for the Commissioners. VT.C.2. Proposed Resolution Re: Approval of contract with .lEG Associates to continue consulting services to the Heart of Boynton projects City Manager Bressner requested that this item be removed from the agenda. A revised report will be provided for the next Commission meeting. VT.C.7. Proposed Resolution in each year as POW/M~A POW/MLA Flag at City Hall Re: Setting aside the third Friday of September recognition Day and authorizing the display of the Tt was the consensus that this item would be pulled for comment at the Commission meeting, VZ.D.I. :17 Southern Bank Phase zz (ZNCV 03-021 V~.D.2. Boynton Beach Faith Based Community Development Corporation North Palm Way (ZNCV 03-022) VI.E.1. Buchanan Variance (ZNCV03-019) Commissioner Ensler noted that staff had recommended denial of all three variance requests. However, all three had been approved by the advisory boards and he questioned the procedure for granting variances, height exceptions and like items. He felt that when every variance request receives approval, there is something wrong with the system. He had a concern regarding the potential legal consequences to the City by the continual approval of variances that are not justified by the ordinances. Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida December 1, 2003 City Manager Bressner questioned whether these zoning variances should appear under Consent. He felt that maybe they should be in a different location on the agenda so that there could be discussion on the items. City Attorney Cherof explained that variances granted after staff recommends denial are problematic. The only presumption is that the testimony of the applicant or adjacent property owners outweighs staff's consideration. When the variances appear on the Consent Agenda, the Commission must rely on the quasi-judicial hearing that occurred at a lower level. The Commission might want to review the entire process of how variances are considered and either leave them at the Board level where their decision would be final, subject to perhaps only an appeal to the Commission, or pull them away from the Planning & Development Board and conduct the variance hearings at the Commission level. Neither one is the perfect solution but they are some options. The consultant who is working on the Zoning Code is studying that provision. Commissioner Ensler commented that when he was a member of the Planning & Development Board he was never briefed regarding the consequences of approving variances. He would like to have been trained in that aspect. Mayor Taylor felt that maybe these items should not be on the Consent Agenda so that they could be discussed. He thought that each one should be looked at individually. He also felt that the Commission should have a little flexibility because the Code cannot deal with all circumstances. Commissioner McCray asked when the new guidelines from the consultant would be available. Nike Rumpf, Planning & Zoning Director, replied that the entire Code would be ready by September 2004. Commissioner Ensler said that it bothered him terribly when knowledgeable staff and the attorney make recommendations and those recommendations are not followed. Commissioner McCray felt that the Commission was elected to look at the overall betterment of Boynton Beach and make some decisions. City Manager Bressner asked whether it would be acceptable to move items D and E under the Consent portion to the City Manager's Report and retitle them "Discussion of..." rather than "Ratification of .... " City Attorney Cherof pointed out that there is a provision in the Code that explains how these items move forward. The Code says that they move forward on a Consent Agenda and can be pulled off for discussion. He felt that this would be a good time for the consultant to look at that procedure. ~[t was the consensus of the Commission to leave the items under Consent and pull them for discussion. A notation will be placed on the agenda next to the three items stating that they will be pulled for discussion. Meeting Minutes Agenda Preview Conference Bovnton Bepch, Flprida D~'e__mber 1, 2003 VITT. B. Discussion of Marina Development Agreement ('Tabledon .12/;/03) City Manager Bressner explained that this item is actually the approval of the amended mediation agreement. Staff had some concerns regarding the disposition of the boat slips. However, he has a letter from the Related Companies that he believes resolves this issue. Dale Sugerman, Assistant City Manager, explained that item B was the discussion of the agreement via negotiations and suggested adding an item C entitled "Approval of the Second Amended Mediation Agreement." ZX.A. Review report of Old High School Task Force Commissioner McCray asked when the asbestos report would be available. City Manager Bressner replied that the City Commission must authorize that. Doug Hutchinson, CRA Director, said that Mr. Bender would be present at the Commission meeting to answer any questions. TX.B. Discussion of additional Property Tax Assessment Exemption for Tncome Eligible Senior Citizens per FSS 196.075 City Manager Bressner explained that he does not have the data yet. Diane Reese, Finance Director, said that this data would be provided in time for any exemptions to go into effect in 2005. X.B. 3oint meeting with Commission and CRA on Development Zssues (December 17, 2003 - 6:30 p.m. - Conference Room C - West Wing) It was the consensus of the Commission to change the time of this meeting to 5:30 p.m. Other Commissioner McCray requested that an item be added to the agenda to rescind the rescissions for the Gateway Texaco Gas Station. He explained that Steve Marouf had called him and was willing not to pursue the car wash if he could just build the storage building. This would remove the trailer and clean up the property. City Attorney Cherof explained that there is no time limit on bringing this item back for rescission. He suggested that the Commission direct staff to meet with the applicant and explore what he talked about on the telephone. He will set up a meeting with the applicant and report back to the Commission. 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida Dece__mber 1, 200:~ There being no further business to be discussed, the Agenda Preview meeting properly adjourned at ~,:40 p.m. ATTEST: Deputy City Clerk (one tape - 12/3/03) CiTY OF BOYNTON BEACH Com ' ' er ~ ~_~o~~.~n.,' r.~ 4