Minutes 12-27-01MINUTES OF THE AGENDA PREVZEW CONFERENCE
HELD ZN CONFERENCE ROOM B, cTrY HALL,
BOYNTON BEACH, FLORIDA
ON THURSDAyr DECEMBER 27, 2001 AT 4:00 P.M.
Present
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
Nike 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.
VI.B3. Award a construction contract in the amount of $2,510,704.50
to Mora Engineering Contractors, Inc. as the sole bidder under Bid No.
003-2413-02/C3D for the Industrial Avenue Corridor Stormwater
Improvement Project (t~ROt~OSED RESOZUTZON NO. R02=002)
City Manager Bressner stated that there was a sole bidder; however, the price was under the
engineer's estimate.
Assistant City Manager Sugerman said that 11 bidding packets were picked up and there had
been confirmations from seven bidders that they were going to bid. However, six pulled out for
either other projects or could not get their bid packets together in time.
VI.B.5. Award "TWO YEAR CONTRACT FOR THE PRI:NTING OF FUNFARE!
MAGAZINE'; Bid #004-2710-02/C3D, to Lake Worth Herald Press, Inc. in
the amount of $22,875
Commissioner Ferguson commented that of the six bids received, none were from Boynton
Beach. He woulc~ like to see local bidders. Tt was the consensus of the Commission that
Commissioner Ferguson will pull this item for comment at the Commission meeting.
· VI.D.5. Definition of Height/Height Exception - (Agent: Bradley
Miller AICP) - Request for a code review to revise the definition of
"building height" found in Land Development Regulations Chapter 1,
Article ~! and to add language to the exemptions to the maximum ,uilding
height found in Land Development Regulations Chapter 2, Section, .F.2.
Lusia Galav, Senior Planner, stated that because this is a code review that affects the c, ~de city-
wide, this item must go before the CRA before it goes to the City Commission. Therefore, it will
be pulled from this Commission agenda and will ~e on the January 15, 2002 agenda.
City Attorney Cherof said that it would not come back to the Commission under Consent. It wilt
be under the Legal section.
Meeting Minutes
Agenda Preview Conference
Bovnton Beach, Florida
December 27r 2001
Tt was suggested by City Manager Bressner that a hearing protocol needs to be adopted so that
any zoning text changes that are city-wide do not appear on the agenda until they go before
both the Planning & Development Board and the CRA,
Vice Mayor Weiland said that something should be done about a statement that was made at
the Planning & Development Board meeting last night that caused a ruckus, It was a statement
made by a board member regarding how the voting took place, it caused people to walk out of
the meeting,
Ms, Galav explained that the petition was brought by the Baptist Church, which requested a
change in the definition of height and a request to add church height as part of th~ height
exception,
City Manager Bressner will review that portion of the tape of the Planning & Development Board
meeting and report back to the Commission,
VIIT.B & C. Project: Krispy Kreme
Agent: Scott Barber/Gee & 3enson
Owner: Krispy Kreme of South Florida, LLC
Location: South side of Boynton Beach Boulevard (SR 804) appro~mately
1,500 feet east of NW 7m Street, opposite the intersection of Boynton
Beach Boulevard and West Industrial Avenue
Description: Request to amend the Comprehensive Plan Future Land
Use Map designation on a 0.62 acre parcel from Medium Density
Residential (9.86 du/ac) to Local Retail Commercial and to rezone from
Duplex Residential (R-2) to Neighborhood Commercial (C-2) and Request
Conditional Use/Site Plan approval for a 4,680 square foot fast food
restaurant with drive-through feature (POSTPONED UN~7£ .IANOARY 2/
Ms, Galav said that the following issues came up at the Planning & Development Board
meeting:
<* Attorneys for the opposition were concerned that there were procedural errors in
advertising, Staff determined that there were no errors, The opposing attorneys handed
the Planning & Development Board a document at the last minute and that caused some
controversy.
· :. Neighbors were concerned regarding a 2z~ hours a day/7 days a week operation. Tl~ey were
~ saying that they already have a problem with noise and rowdy people at the Waffle House.
· :- There were complaints that the homeowner who was selling the house to put the parcel
together was only selling because he is allegedly getting such an exorbitant ar ~ount of
money.
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Meeting Minutes
Agenda Preview Conference
Bovnton Beach. Florida
December 27, 2001
Attorneys for both sides and City staff will look at the site plan to see whether it is possible
for thetn to use a smaller site and that would mean not having to use the duplex portion of
the site.
City Manager Bressner said that the item that is coming before the City Commission is to review
the recommendation of the Planning & Development Board regarding the site plan and
rezoning. This item will require the reading of an ordinance two times.
Ms. Galavstated that the Planning & Development Board voted 4 to 3 against this item, which
was a close vote.
City Manager Bressner will forward a draft of the Planning & Development Board's December
26TM minutes to the Commissioners before the Commission meeting.
When questioned, Cib/Attorney Cherof said that this case is proceeding in accordance with the
code.
City Manager Bressner said that the issue is the rezoning and the conditional use for the drive
thru.
It was noted that there will not be any access from residential streets and there will be a wall
and heaw landscaping as a buffer between the proposed business and the residential area,
The Police Department will pull any complaints they have received regarding the Waffle House,
· IX.C. Review of Proposed Amendment to Development Agreement -
Marina Project (3anuary 1S, 2002)
City Hanager Bressner stated that he met with the developer last week and representatives of
AERC will be coming into town on 3anuary 14-15 to visit the site.
Assistant City klanager Sugerman said that they asked the developer to make a verbal
presentation at the Commission meeting on January 15~n.
X/.A, Continued discussion of enforcement of current regulations
requiring shade canopies to be defined as "structures" and, th&refore,
subject to building codes and zoning regulations ('2',4~'Z£D
2oo2)
This item has been moved to January 15~.
Commissioner Ferguson requested that a report on the old high school be included under
Unfinished Business. He said that the Commission is supposed to get a monthly report.
· XII.A.3. Proposed Ordinance No. 01-66 Re: Modifications
Purchase and Contract Award Policies
to City
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Meeting Minutes
Agenda Preview Conference
Bovnton Beach. Florida
December 27, 2001
City Manager Bressner said that this ordinance has been modifiec~, as requested by the
Commission, to designate the City Manager alone tO authorize purchases. There is a second
ordinance in the package that he is requesting the Commission to consider. He explained that
under the Council/Manager fo~m of government, the City Manager is responsible but there will
be instances where he will not be available (incapacitated or out of town) and he is requesting
that the Commission provide for either him or the two Assistant City Managers to be authorized
to sign contracts. He said that he delegates other items to the Acting City Manager.
When asked by Vice Mayor Weiland regarding providing a report, he was told that the Finance
Department can proVide a monthly repent to [h~ Oty Comm ss on to show what contracts have
been signed.
Commissioner McCray's main concern is that that the City Commissioners must answer to the
citizens. He thought that a report would be good.
City Manager Bressner said that both Assistant City Managers are very good regarding keeping
him informed when he is out of town.
Commissioner Fisher was concerned that the ordinance would apply to a future City Manager
also.
Mayor Broening said that he sees this as a practical matter and not a personality issue.
Vice Mayor Weiland asked whether the ordinance could be amended to include monthly reports
and City Attorney Cherof answered in the affirmative.
In response to a question by Commissioner McCray, City Manager Bressner stated that the
reports would be presented to the Commission at the second Commission meeting each month.
City Attorney Cherof stated that in the near future, there would probably be a revision brought
before the Commission to separate purchasing from the sale of surplus property, which is
covered by State Statute and the Administrative Policy Manual.
· XIZ.C.1. Proposed Resolution No. 02-006 Re: Establishing
Commission Election Districts
city
City Manager Bressner said that this is a generic resolution and it depends on which Exhibit A
the City Commission selects.
City Attorney Cherof stated that the resolution provides that the Commission is incorporating
the findings and recommendations of the consultants. When the City is finished ~ith the
consultants, they need to turn their records over to the City for the City Clerk to maintain.
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Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
December 2?, 2001
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at4:30 p.m.
A"I-rEST:
Deputy City Clerk
(one tape)
CI-FY OF BOYNTON BEACH
Commissioner
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