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Minutes 03-07-95MINUTES OF THE CITY COMMISSION MEETING HELD IN COt~tI$SION CHAHBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 7, 1995, AT 6:30 PRESENT Edward Harmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pro Tem Jose Aguila, Commissioner David Katz, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I, OPENINGS A, ~all to Order B, Invocation - Rev, ~ohn Block - St, Mark Cathollc Church C, Pledge of Allegiance to the Flag Mayor Harmening called the meeting to order at 6:30 p.m. Rev. Block of St. Mark Catholic Church offered the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Aguila. D, Agenda Approval 1, Additions, Deletions, Corrections City Attorney Cherof added Item X.C.1 {Report on the Bayerl Arbitration). City Manager Parker added two bills for approval; one for Leathers Park, in the amount of $1,108.00, and one for Josias & Goren, in the amount of $14,073.65. Vice Mayor Matson added Item IX.A.2 {Letter to City Employees}. Mayor Harmening added Item IX.D. {Discuss Appointment to Municipal League). He advised that the Municipal League's regular election is not until June. In the interim, someone should be appointed to take his place. 2, Adoption Motion Vice Mayor Matson moved to approve the agenda as amended. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. ]II, ADMINISTRATIVE A, Accept Resignation from Chris Reltz, Regular Member, Corr~unlty Redevelopment Advisory Board Motion Vice Mayor Matson moved to accept Mr. Reitz's resignation from the Community Redevelopment Advisory Board. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. -- 1 -- M[HUTE$ - CITY COHMI$$IOH MEETING BOYNTOH BEACH, FLORIDA MARCH 7, 1995 B. Appointments to be mde Appointment Reg/ To Be Made Board Alt Length of Term Expiration Date II Bradley II Bradley III Aguila II Bradley II Bradley III Aguila I Katz III Aguila IV Matson Mayor Harmening I Katz IV Matson I Katz III Agulia Mayor Harmening Education Advisory Board Alt Board of Adjustment Alt Cemetery Board Alt Education Advisory Board Alt Board of Adjustment Reg Nuisance Abatement Board ReM Civil Service Board Alt Education Advisory Board ReM Education Advisory Board ReM Planning & Development Alt Code Enforcement Board ReM Senior Advisory Board ReM Education Advisory Board ReM Community Relations Board Alt Community Redevelopment ReM Advisory Board Term expires 4/95 TABLED 2 yr term to 4/96 TABLED 1 yr term to 4/95 TABLED Term expires 4/95 TABLED Term expires 4/97 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 4/95 TABLED Term expires 9/97 TABLED Term expires 4/96 TABLED Term expires 6/95 TABLED Term expires 4/95 TABLED Term expires 8/95 All appointments were left on the table. Mayor Harmening's appointment to the Community Redevelopment Advisory Board was also tabled. C. Accept the Comprehensive Annual Financial Report for the fiscal year ending September 30, 1994 by Paul Bremar, Ernst & Young Motion Vice Mayor Matson moved to accept the Annual Financial Report for the fiscal year ending September 30, 1994. Commissioner Aguila seconded the motion, which carried 5-0. D. Review and approve the flnal master plan for the Rolling Green Municipal Canplex Mayor Harmening asked how much the City paid for this master plan. City Manager Parker did not recall, since this was a purchase order over two years ago. Commissioner Aguila recalled it costing about $1,500.00. Mayor Harmening asked why this is called the Rolling Green Complex. City Manager Parker explained that the Commission previously suggested that staff come up with an alternative name for the Old Sewer Plant. Since it was origi- nally platted as Rolling Green, staff suggested calling it the Rolling Green Municipal Complex. Mayor Harmening inquired about the time schedule for building the warehouse. City Manager Parker advised that the warehouse is not included in Phase I. Therefore, there is no time schedule at this point. -2- MINUTES - CITY CONNISSXON MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 Hotlon Vice Mayor Matson moved to approve the Phase ! Master Plan improvements, along with approval of the use of funds appropriated from the 1994/95 annual operating budget, along with an additional appropriation from Sanitation Funds to complete Phase I improvements of Rolling Green Municipal Complex, in the total amount of $94,000.00. Commissioner Aguila seconded the motion, which carried 5-0. E. FDOT rom111/resurface of Boynton Beach Boulevard (SR 804) from S. W. 4th Street east to U, S, 1 (SR 5) Pursuant to the Agenda Memorandum, dated March 7, 1995, from City Manager Carrie Parker, FDOT has notified the City that they plan to resurface Boynton Beach Boulevard from S. W. 4th Street east to U. S. 1. They want to concrete all of the utility chase areas as opposed to leaving the grass areas between the curb and the sidewalk. They have offered to install three landscaped medians on a 50/50 match basis. The City's cost would be approximately $15,000.00 per median. The City would be responsible for the maintenance of the medians. City Manager Parker requested direction from the Commission regarding the following: Notifying the FDOT if the City wants concrete or grass in the area between the curb and the sidewalk; and If the City wishes three landscaped medians to be installed for an approximate City share of $45,000.00 plus the perpetual main- tenance costs. If the City wishes to pursue the medians, she recommended that CIP funds be allocated for this project. Commissioner Aguila felt we should keep the little bit of green we have. He did not think it would be an undue hardship on the City to maintain it. He also felt we should take advantage of the opportunity to beautify Boynton Beach Boulevard with three more landscape islands. Morton Commissioner Aguila moved to inform FDOT to leave the small grass strip between the sidewalk and the curb and to construct three small eight foot medians at a total cost of $45,000.00. The funds are to be allocated from the Capital Improvement Fund. Vice Mayor Matson seconded the motion, which carried 5-0. F. Authorization to submit COPSHORE Grant Pursuant to the Agenda Memorandum, dated March 7, 1995, City Manager Parker advised that another facet of the Crime Control Act of 1994 {President Clinton's Crime Bill} is a grant that can be used for nonsworn personnel in the Police Department or for equipment for Police Officers to use in Community Policing. The program is for one year federal funding and the City is required to provide a 25 percent match. The match can be provided from CDBG Funding or Law Enforcement Trust Funds. -3- MINUTES - CITY CO~ISSION MEETING 80YNTOH BEACH, FLORIDA NARCH 7, 1995 If the City is interested in applying for this grant, City Manager Parker suggested concentrating on the equipment aspect because that does not require an ongoing salary obligation. She also suggested that the funds be matched from CDBG dollars. The deadline for grant submittal is March 17, 1995. Staff requested authoriza- tion to prepare and submit this grant. Commissioner Katz asked why the City Manager recommended that the match be provided from CDBG Funding as opposed to Law Enforcement Trust Funds. City Manager Parker advised that additional CDBG dollars are available for the upcoming year. However, she changed her recommendation and suggested that the funds be matched from Law Enforcement Trust Funds. Motion Commissioner Katz moved to approve authorization for submitting the COPSMORE Grant out of the Law Enforcement Trust Funds. Vice Mayor Matson seconded the motion, which carried 5-0. Excused Absenses - Clty Advlsory Board At this point in the meeting, Mayor Pro Tem Bradley suggested excluding the term "excused" absences. He said there is no such thing as an excused absence. This creates confusion because some members think they are excused and complain when they are relieved of their duties because of absenteeism. He stated that the purpose of excused absences is to let the Board know that a member called to advise that he or she is not able to attend a meeting. This is important because a quorum must be met in order to hold a meeting. Another purpose of excused absences is to let the Commission know that these people called as a courtesy so that the Commission can take this into consideration when appointing Board members. It was the consensus of the Commission to eliminate "excused" absences. I I I. CONSENT AGENDA A. Nlnutes 1. Special City Conetsslon Neetln9 Nlnutes of February 16, 1995 No changes were made to these minutes. 2. City Comalsslon Norkshop Neetlng Nlnutes of February 61, 1995 No changes were made to these minutes. -4- 14INUTES - CITY COI4glSSIOg #EETING BOYHTON BEACH, FLORIDA HARCH 7, 1995 3. Regular City Commission #eettng #Inures of February 21, 1995 Vice Mayor Matson made two corrections to these minutes. On page 21, she would like it clarified that the trip to Springfield, Missouri was at the expense of Bass Pro Inc. On page 24, it was the consensus of the Commission to allow "noninvasive" shrubbery to be planted in the rights-of-way. B. Bids - Recomnend Approval - All expenditures are approved in the 1994-95 Adopted Budget None. Resolutions Proposed Resolution No. R95-32 Re: Declaring the public necessity of acquiring one {1) parcel of property for the expan- sion of Poinciana Elementary School for use as a joint use faci- lity with the School Board of Palm Beach County City Attorney Cherof read Proposed Resolution No. R95-32 by title only. D. Approval of Btlls A copy of these bills is attached to the original copy of these minutes on file in the City Clerk's Office. Commissioner Aguila inquired about the bill for Leathers Park. City Manager Parker advised that this is the design phase fee {$800.00 less the deposit the City has already paid). The architect will be in town on March 29, 1995 to hold a mini charrette with the children of various schools to get some design ideas, and to walk the site. Mayor Harmening referred to bill number 46, which is to be paid from the Sanitation Fund. City Manager Parker advised that this is a typographical error. It is to be paid from Utilities. Approve Police Department contribution of $500,00 from Law Enforcement Trust Fund to the Gulfstream Councll of Boy Scouts of America Pursuant to-Police Department Memorandum No. 95-034 to City Manager Parker, the intent of this request is to assist the council in fostering programs which target youth drug prevention. Approve purchase of replacement engine for Vehicle #95 from Orlando Mack Sales & Service, in the amount of $6,600.00. Funds to be allo- cated from Vehicle Reserve Sanitation Pursuant to Public Works Department Memorandum No. 95-23, the recommended unit is the most cost effective way to proceed because the purchase price is less than it would cost to rebuild the engine in-house.~ -5- #INUTES - CITY CONNISSION #EETING BOYNTON BEACH, FLORIDA HARCH 7, 1995 #orlon Co~rnissioner Agui]a moved to approve the Consent Agenda with the corrections to the minutes and the addition of the two bi]]s. ¥ice Hayor Hatson seconded the motion, which carried 5-0. IV. ANNOUNCE#ENTS AND PRESENTATIOH A. Announcements 1, Genera] Election - #arch 14, 1995 Hayor Harmening announced that the General Election wi]; be he]d on Hatch 14, 1995. B. Presentations 1, Proclamations a, Save Your Vlslon Week - I~rch 5 through I~rch 11, 1995 Mayor Harmening read a proclamation declaring March 5 through Hatch 11, 1995 as Save Your Vision Neek. b, Bo~nton'$ Great Amertcan Love Affatr- ~rch 17 through I~rch 19, 1995 Mayor Harmenin9 read a proclamation declaring March 17 through March 19, 1995 as Boynton's Great American Love Affair. C, Ecl~ard F, Hamentng Arbor Park Vice Mayor Matson read a proclamation, proclaiming that the City Park located on the southeast corner of Seacrest Boulevard and Noolbright Road shall be renamed the Edward F. Hamenin9 Arbor Park. Mayor Harmenin9 thanked his fellow Commissioners. He was deeply touched and moved by this Proclamation. V, BIDS None. VI. PUBLIC HEARING None. -6- NINUTE$ - CITY CONNI$SION NEETING BOYNTON BEACH, FLORIDA 14ARCH 7, 1995 VII. PUBLIC AUDIENCE Wllllam Perone of 209 Citrus Trail, stated that when he purchased his home, he was told it was an exclusive gated community. He trusts it is going to remain that way. He stated that Boynton Estates originally had a separate road and entrance in their plans, but is now using Citrus Cove Elementary School's drive. This particular entrance was going to be on the north side of Boynton Estates. It would have run alongside Citrus Glen and would have provided the buffer that many of the residents are concerned about. Edward Ca$cl&to, 208 Citrus Trail, expressed concern about Miner Road and Lawrence Road, and the impact on traffic caused by continued development. Commissioner Aguila asked City Manager Parker what has transpired since the last City Commission meeting, when this issue arose. City Manager Parker referred to Engineering Division Memorandum No. 95-059 and Recreation & Park Memorandum No. 95-087. She stated that the average daily traffic count on Lawrence Road is 7,972 trips. The level of service for Lawrence Road is set at D, which is 13,400 trips. As of August, the School Board will redirect 500 children from Citrus Cove Elementary School to other elementary schools. Staff has researched all the developments approved by the City and the County that have a traffic impact on Lawrence road. The estimated total units are 1,680. When these units are constructed, the trips will be over 13,400. The County's normal modus operandi is to wait until the 13,400 trips are obtained before beginning the design work and construction. She strongly suggested that the City approach the County to move forward with the design work now so that as these projects come on line, construction can begin. Commissioner Aguila agreed. Mayor Pro Tem Bradley stated that as the City's Metropolitan Planning Organization representative, he has already begun discussions regarding moving this road up in the five year plan. He thinks it behooves the Commission to make it known to the County Commissioners the importance of upgrading this road as well. Vice Mayor Matson stated that the lack of lighting on Lawrence Road also needs to be addressed again. Greg Blancher, 160 Orange Drive, expressed concern about the risk of people getting killed at the intersections of Lawrence and Gateway, and Lawrence and Hypoluxo. He said the road in front of the school belongs to the City. He would like the City to stop allowing development and make the developers widen the road. Vice Mayor Matson said she told Jonathan Dwork and Paul Ward that she would be happy to facilitate a meeting for them with County Commissioner Warren Newell. She had spoken at the September, 1993 County Commission meeting about the lighting on Lawrence Road. City Manager Parker had written to the County. -7- NINUTE$- CITY CONNi$$iON MEETING BOYNTON BEACH, FLORIDA HARCH 7, 1995 Unfortunately, the County said it was not on their plans at this time. Vice Mayor Matson will go with the residents of Citrus Glen to the County Planning Board meeting and speak as their legislator. She also suggested going to the School Board. C&rl Ca$clo, attorney for the homeowners of Palm Shores at Gables End, said he spoke to the City Attorney on February 16, 1995 regarding the attempted annexa- tion of Palm Shores at Gables End. He stated that the water service agreement is a wild instrument because a chain of title search revealed that it was signed by an individual who had absolutely no interest in this property. He brought this to the attention of City Attorney Cherof and City Manager Parker, and requested that they bring this to the attention of the City Commission or address this matter at the next possible City Commission in order to resolve this matter. He said he allowed City Attorney Cherof an additional two weeks to bring it before the City Commission. He sees it is still not on the agenda. This afternoon, he spoke with City Attorney Cherof, who indicated that it is still premature to recommend to the City Commission that this matter of annexa- tion be dropped. Mr. Cascio said he advised City Attorney Cherof of the importance of resolving this matter quickly. Some of the residents of Palm Shores at Gables End have their houses for sale and have signed contracts for the sale of their property. The longer the City waits, the more it will prejudice the sale of his clients' properties. Mr. Cascio stated that he is going to file suit by the end of this week if this matter is not resolved. He did not think it would change anything even if there were any hidden agreements indicating that Mr. Flowers had the ability to sign on behalf of the property owners. He stated that if the cove- nant applies to every subsequent property owner, it should (1) be signed by someone who has an interest in the property, and (2) be filed in a manner of public record, neither of which have occurred. Commissioner Katz asked if there is any validity to Mr. Cascio's statements. City Attorney Cherof stated that there is nothing he could tell the Commission this evening, conclusively, with respect to anything that Mr. Cascio has said. He thinks the matter is being prematurely filed, since the ordinance regarding the annexation is pending. He advised that this matter regarding the annexation will not be back before the Commission until June or July, 1995, depending on how long DCA takes to consider it. Commissioner Katz asked if there is any way for the City Attorney to research whether or not Mr. Cascio's statements are factual. City Attorney Cherof stated that he has been in the process of researching that both legally and factually. Several other departments of the City are gathering information with respect to the manner in which the water service agreement was executed and the relation- ship of the parties of record in the title to the individual who signed that document. As soon as he has that information, he will advise the Commission, conclusively. Mr. Cascio thinks h~ has given City Attorney Cherof adequate time. He advised that Attorney Gene Moore helped with the chain of title search. He said City -8- MINUTES - CITY COHMI,~ION MEETING BOYNTOM BEACH, FLORIDA MARCH 7, 1995 Attorney Cherof is not going to find anything different. He might find something that is hidden, but it still will not have legal bearing on whether or not the convenant can be enforced, Gene Moore, 639 East Ocean Avenue, stated that there is compelling evidence in the City's file that Mr. Flowers had absolutely no authority to sign the agree- ment. If the agreement is not valid, the City is circumventing State law by relying it. Mayor Harmening asked where this material can be found in the City files. Mr. Moore stated that it was turned over to City Hall. He said he looked through the City's file and it does not contain any evidence to the contrary. Eddie Mitchell, Chairman of the Advisory Council on African Amercian Affairs of Greater Boynton Beach, said he read an article in the Sunday Sun-Sentinel which indicated that African Americans are not welcomed in the Boynton Beach Police Department. He felt this is the primary reason that African American police officers have left the Boynton Beach Police Department. He stated that the administrative staff of any organization usually sets the tone for that par- ticular organization. He stated that Delray Beach has 27 African American police officers Who are glad to remain there, and West Palm Beach has officers who are glad to remain there. He stated that the Delray Beach Police Department hired three Black officers who the Boynton Beach Police Department refused to hire. These three Black officers have become three of the best police officers that Delray Beach has. He commended City Manager Parker for the stand she has taken. He is glad that she has the backbone to stand up for what is right. City Manager Parker appreciated Mr. Mitchell's comments, but stated that the City Manager's Office is following the policy set by the City Commission to have minority hiring as a priority. She displayed a large poster showing the efforts of the Boynton Beach Police Department to recruit minorities. Twenty-four minority applicants are in the pipeline within the next 120 days. Three are scheduled to be hired by the end of the month. Two more will be graduating the Police Academy in June, two in 90 days, and four in September. Eight are pending recruitment right now. Jane Sial)son, 174 Citrus Avenue, said she is in Flood Zone B. She wondered what her flood zone will be when the population increases. Mayor Harmening advised her that flood zones are set by FEMA. Ms. Simpson stated that FEMA told her they do not know too much about her area right now because there have not been any big storms. She stated that if too many homes built, there will not be enough area for the water to run off. Furthermore, when you put lots of people onto small pieces of property, like they are doing on Lawrence Road, it makes the condition worse. She would like the Commission to talk to the Corp of Engineers. Ms. Simpson also advised that at 6:45 a.m. today, a major piece of equipment was being operated on the property that borders on the school. Paul Ward, 198 Orange Drive, gave the Recording Secretary petitions from some of the parents of children who attend Citrus Cove Elemetary School. The petitions -9- #]NUTE$ - CZTY CONHi[$$ZON #EET]NG BOYNTON BEACH,, FLOR]DA HARCH 7, 1995 were to stop construction along Lawrence Road until a public meeting can be held with the City, the County and the School Board to: - widen Lawrence Road to four or five lanes with sidewalks on both sides; - allow no connections to the school entrance or make the land into a - park; - connect Hiner Road with the Fire Department; - provide a temporary safety plan for the school during construction; - reduce the noise; and - provide a safety plan for the school building, including a safety wall. Hr. Nard was in possession of a computer printout showing the number of acci- dents on Lawrence Road in the past two years. Patrtcia Nard, 198 Orange Drive, stated that one of her children attends Citrus Cove Elementary School. She advised that when the parents pick up their children from school, the traffic is backed up all the way to Gateway Boulevard. She said there will be more traffic in that area with the new homes being built. She stated that her son cannot walk to school because there are no sidewalks. Michael I~yons, 135 S. E. 14th Avenue, stated that the traffic at Citrus Glen is deplorable. He felt the City's residents should be better taken care of and that the Commission could at least adopt a resolution stating that they will work in every possible way to help the people of Citrus Glen widen Lawrence Road to make it safer for the children of Boynton Beach. Chris Dellso, 328 N. E. 24th Avenue, stated that there is a serious problem on Gateway Boulevard, from Seacrest Boulevard east to Federal Highway. People have to walk in the street because there are no sidewalks. He was told it is a County road, He asked the Commission to reconsider doing something with Gateway Boulevard, such as going to the County for funding or to budget the funds them- selves. Charles Glarrusso, 200 Orange Drive, talked about his privacy being invaded by new development, the streets not being able to accommodate the traffic, the safety of the children who attend Citrus Cove Elementary School, the safety of the adults, and access for emergency vehicles. He stated that the members of the City Commission represent the people of the City and should go to the County on their behalf to resolve this matter as quickly as possible. Jonathan I)work, 154 Orange Drive, suggested the Commission hold a special meeting and public hearings. He stated that his development was annexed into the City because the developer could not get his way with the County. Brian Burke, 79 Maple Lane, stated that a construction site shares the road with the school. When construction commences, debris and nails from the trucks will fall onto the road. Cars will be breaking down right in front of the school site because they will be getting flat tires from the nails. The parents will be tracking this debris into the school yard, creating the possibility for the students to get injured from stepping on them. - 10 - #INUTE$ - CITY C014~I$$ION #EETI#G 80YNTON BEACH, FLORIDA MARCH 7, 1995 Virginia Young of Lake Worth has a child who attends Citrus Cove Elementary School. She expressed concern for the safety of the children that attend that school. Richard Denatale, 192 Orange Drive, stated that the taxpayers and residents of the City expect the Commission to watch out for them. Commissioner Aguila stated that the Commission recognizes there is a problem and they have heard the people. He assured the people that the problem will be dealt with. He guaranteed them that the Commission will go with them to the School Board and to the County to see what can be done. He advised that there is a great deal of activity going on between the City Manager's Office, the County Commission, the County Traffic Officers and other people to solve this problem. In response to a gentleman in the audience, Hayor Harmening and Commissioner Aguila advised that construction cannot be stopped tomorrow morning. VIII. DEVELOP#E#T PLAH$ A. Consent Agenda - Unanimously approved by the Planning and Development Board Project Name: Agent: Owner: Location: Description: Citrus Park PUD CCL Consultants, Inc. Target Development Corporation East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard {N. W. 22nd Avenue) Request for approval of the construction plans and preliminary/final plat for construction of infrastructure and landscaping to serve 113 single-family, detached, zero lot line units in connection with a previously approved planned unit development. City Attorney Cherof advised that because this is a quasi,judicial proceeding, all the individuals who wish to testify must be sworn in. Before testifying, they must identify themselves and state their qualifications. At the conclusion of their statements, the applicant or his representative must be afforded the opportunity to question those witnesses. City Attorney Cherof swore in all the witnesses who would be testifying. Brian Sherr, the attorney for Target Development, stated that there has been much discussion and communications regarding Lawrence Road and Citrus Cove Elementary School. However, the issue before the Commission is whether or not the plat and construction plans comply with the technical requirements of the City's platting and construction regulations. He referred to a memo from the Department of Development, dated March 3, 1995, which he said attests to the - 11 - #ZNUTE$ - CXTY COl414Z$$XON NEET]NG BOYNTON BEACH, FLORZDA #ARCH 7, 1995 fact that his client's plans comply with the City's regulations. He requested the Commission to grant approval of the construction plans and preliminary/final plat for construction, in accordance with the ordinances. Mr. Sherr said he has heard that some of the homeowners have had ex parte com- munications with some members of the Commission. He pointed out that because of the quasi-judicial nature of this hearing, that is impermissible. Louis Campanelli, Vice President of CCL Consultants, was available for questionning. Commissioner Katz would like the developer to be a good neighbor and address the concerns of the people of Citrus Glen. Their concerns included the two-story homes along the northern border, which will be looking into the backyards of other homes; security; additional buffering; and the barrel tile roofs matching as closely as possible to what exists to keep the property values enhanced. He suggested moving the entrance road to the north side and moving the project south a little to create additional buffering. Mr. Campanelli said the developer would like to be a good neighbor and address the equitable concerns of the surrounding neighbors. However, he did not think the developer could comply with the concerns regarding the two-story houses and switching the road from the north to the south. With regard to the buffering, he was sure the developer would be willing to sit down with the surrounding homeowners and come up with an equitable solution to this matter. James Krivok, the attorney for the Citrus Glen Homeowners' Association, asked the Commission to table this matter. He stated that according to F. S. 156.043{c}, a public hearing must be held before any ordinance granting a rezoning is adopted. He reviewed prior City ordinances and stated that whenever a public hearing was conducted prior to the adoption of an ordinance, the ordi- nance clearly reflected that fact. He stated that there is no indication in Ordinance No. 88-51 and Ordinance No. 89-30 that public hearings were held prior to the adoption of those ordinances. Mayor Harmening asked him if he checked the minutes of that particular meeting to see whether a public hearing was held. Mr. Krivok said he had not. Mr. Krivok requested that this issue be tabled until it can be determined whether or not proper notice was given and public hearings were held. City Attorney Cherof stated that generally the City's ordinances do not reflect in their body whether there was a :public hearing or not. We rely upon the offi- cial minutes of the City to reflect that information. It may be possible to determine from the records tonight whether there was a pUblic hearing or not. Mayor Harmening declared a recess at 7:59 p.m. in order for staff to check the City records. The meeting resumed at 8:13 p.m. - 12 - #INUTES - CITY CO#III$$IOH #EETING BOYNTON BEACH, FLORIDA HARCH 7, 1995 City Attorney Cherof swore in Tambri Heyden, the Planning and Zoning Director. City Attorney Cherof advised that the minutes of the meetings with respect to Ordinance No. 88-51 and Ordinance No. 89-30 reflect that public hearings were conducted. He stated that there is a presumption that the City ordinances are valid and enforceable. He asked Ms. Heyden if she recollected both ordinances being properly noticed and public hearings being conducted in accordance with Florida Statute. Ms. Heyden answered affirmatively. Paul Ward, 198 Orange Drive, was sworn in by City Attorney Cherof. He had in his possession a copy of a letter, dated September 13, 1993, from Vincent Finizio, Deputy City Engineer of the City of Boynton Beach, to Val Sal Investment Corporation, which states that at their September 7, 1993 meeting, the City Commission granted a six month time extension, conditioned upon the entire property being brought into a state of compliance with all applicable City Codes within 30 days from the date of the granting of the time extension. The letter also states that the time extension will be reduced to three months if the property does not come into compliance within 30 days. Mr. Ward also had in his possession a document from Code Enforcement, dated October 16th, relating to overgrowth on the property. Commissioner Aguila explained the Code Enforcement process and stated that the property had come into compliance at that time, but the dense growth has since reappeared. Mr. Campanelli stated that the plat of Citrus Park PUD, as submitted to the City Commission, meets or exceeds the minimum requirements of the City's regulations. Commissioner Katz was adamant about the sand being hosed down at Citrus Glen because soot is getting on the residents' houses and property. He asked who issued the excavation permit. Commissioner Katz read Sec. 8-6(1) of the Code which states that the excavation of materials is not to exceed two feet in depth relative to existing grade with no excavated materials moved beyond the project property lines. He asked Mr. Hukill if this is what is occurring. William Hukill, Director of Development, was sworn in by City Attorney Cherof. Mr. Hukill advised that the permit was issued by the Building Division of the Department of Development. He said he could not tell whether more than two feet is being excavated or not; however, no one is mining or moving major amounts of dirt off the property. Commissioner Katz was of the opinion that more than two feet is being excavated. Therefore, the permit should have been issued by the City Commission, in accor- dance with Sec. 8-7{A}{2} of the Code. He felt a Stop Work Order should be issued immediately. Mr. Hukill disagreed. He stated that the issue of the City Commission being involved in the issuance of permits was discussed with the Commission a few weeks ago. At that time, there was a consensus of the Commission that this was not appropriate. However, in accordance with Sec. 8-7{A){3), where the water table is penetrated or disturbed, the Commission would remain involved. Commissioner Katz felt the Department of Development acted improperly. - 13 - NINUTE$- CITY CONNISSION NEE'rING BOYNTON BEACH, FLORIDA NARCH 7, 1995 In response to Commissioner Katz, City Attorney Cherof advised that the Comprehensive Plan is the general guidelines which govern all land development and land development regulations. Commissioner Katz referred to Policy 2.6.2 on page 38 of the Comprehensive Plan, which states that subsequent to plan adoption, the City shall continue to require improvement of roadways to mitigate the impacts of development as a con- dition of development approval. It also states that the City shall, wherever feasible, require the construction of transportation improvements in lieu of impact contributions. Commissioner Katz said that regretably, the Commission has issued time extensions. He stated that maybe the Commission acted improp- erly and should bring a third party into this before it goes to final plat. He suggested tabling this project to see if some of the differences can be resolved. No one else wished to testify on this matter. Therefore, Mayor Harmening declared the public hearing closed. Commissioner Aguila pointed out that the Commission is supposed to determine whether or not Citrus Park has complied with all of the Code of Ordinances, not whether or not Lawrence Road is wide enough or if more than two feet of dirt has been removed. #orlon Commissioner Aguila moved to approve the request for approval of the construc- tion plans and preliminary/final plat for construction of infrastructure and landscaping to serve 113 single-family, detached, zero lot line units in connec- tion with a previously approved planned unit development, Citrus Park PUD, owned by Target Development Corporation, located on the east side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard (N. W. 22nd Avenue), subject to all comments. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz asked the maker of the motion to include that the developer be asked, posthaste, to send water trucks out there and start hosing down the sand. Commissioner Aguila would not make that part of this motion. Instead, he asked the City Manager to direct the Department of Development to inspect the property tomorrow morning and take appropriate steps to ensure the safety, health and welfare of the residents. City Attorney Cherof asked the maker of the motion to consider including in the motion a specific finding that the minimum code requirements have been satis- fied. Commissioner Aguila agreed to add this to his motion. It was also agreeable to Mayor Pro Tem Bradley. Commissioner Katz believed that the minimum requirements have not been met and that this should be sent back to be reworked. - 14 - HINUTE$ - CITY COM4ISSION #EETING BOYNTON BEACH, FLORIDA NARCH 7, 1995 Mayor Harmening said he voted against a lot of development as far as the number of renewals on concurrency and site plan and master plan approval in the last four years. He was against further development but said that there is not much we can do in this case. A roll call vote was polled by the City Clerk. The motion carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting votes. Mr. Sherr stated that the concern about the dust will be addressed. He was willing to try to work out something to make this a little better for everyone. Vice Mayor Matson felt it would benefit the project if Lawrence Road were to be widened. She asked Mr. Sherr if we can count on his support when we go to the County on this issue. Mr. Sherr said he will discuss this with his client and get back to Vice Mayor Matson. Mayor Pro Tem Bradley stated that the City's hands are tied and that if the City were to stop construction, it could be placing itself in a dangerous position. However, we can slow down future development. He pointed out that development works both ways. Businesses have prospered because the population in Boynton Beach and surrounding areas has increased. Development has also created jobs for people in the construction industry. Four or five years ago, these people were out of work. However, there is a price we all have to pay for these things. m He stated that ~t is important for the Commission to get input from the people and to know where they want this City to go. He said somebody suggested this evening that the City buy the land and turn it into a park. He advised that this can happen. However, it means reaching into our pockets and paying for it. He appreciated the input from the people and stated that the Commission has their interests in mind. He advised that the City Manager and the Commission have already taken steps to try to resolve the problems regarding Lawrence Road. Non-Consent Agenda - Not unanimously approved by the Planning and Oevelop.mnt Board 1. Project Name: Nautlca - Plat 1 Agent: Lawson, Noble & Associates, Inc. for G. L. Homes Owner: Boynton Nurseries Location: Northwest corner of Lawrence Road and the L.W.D.D. L-21 canal Description: Request for approval of the construction plans and preliminary/final plat for the construction of infrastruture, landscaping and private recreation to serve 55 single-family, detached, zero lot line units and 122 single-family, detached, "Z" lot line units in connection with the previously approved Boynton Nurseries PUD. - 15- MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 City Attorney Cherof advised that the process for this hearing is exactly the same as the last one. Anybody who wishes to testify needs to be sworn in, including staff members. Tracy Robb, 2410 Palm Road, the engineer on the project, was sworn in by City Attorney Cherof. She stated that the plans she submitted comply with the City requirements. She requested approval of the plans and plat. Motion Mayor Pro Tem Bradley moved to approve Nautica - Plat 1, request for approval of the construction plans on the northwest corner of Lawrence Road and the L.W.D.D. L-21 canal. Commissioner Aguila seconded the motion. He asked that the maker of the motion include in his motion a specific finding that the minimum code requirements have been met. Mayor Pro Tem Bradley agreed to include this in his motion. Commissioner Katz said he will vote against this, based on his comments with regard to the previous project. The motion carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting votes. IX. NEW BUSINESS A, Items for discussion requested by Vlce Mayor Matson 1. Report on trip to Bass Pro tn Springfield, Missouri Vice Mayor Matson stated that on February 22, 1995, she went with City Manager Parker and Planning and Zoning Director Heyden to Springfield, Missouri to tour Bass Pro's retail establishment. She advised that it is not your basic retail establishment. It is an environment with four levels, a waterfall, indoor aquariums, a rifle range, and a driving range on site. They toured the museum, the 600,000 square foot distribution center, and the catalog center, and were very impressed with this facility. Vice Mayor Matson said it is absolutely phenomenal and she thinks we should try to bring Bass Pro into the City. She said Bass Pro is considering two sites in South Florida; one here and one in Broward County. However, a lot hinges on the County, the State, the City, and the present owner. They are looking for a spe- cial bill to go through legislation. They are also looking at a Department of Commerce interpretation. Ten to twelve items are still in discussion stages. In the near future, Bass Pro will be presenting a formal proposal. Vice Mayor Matson advised that the Tourist Development Council also took the trip to Springfield. They have set up an Ad Hoc County Committee for tourist development and incentives. - 16- MINUTES - CITY C(NilSSION MEETING BOYNTON BEACH, FLORIDA RARCH 7, 1995 Vice Mayor Matson stated that Bass Pro would be a positive addition to our tax base and would bring a lot of money into the City. Commissioner Aguila heard that Bass Pro wanted Florida Power and Light to put transmission lines under the ground at FPL's cost. He said this is very expen- sive and FPL will not even discuss this with them. Vice Mayor Matson advised that everyone is~aware of that and other avenues are being pursued. 2, Letter to City Employees Vice Mayor Matson said that since yesterday, she has received nine telephone calls from City employees. The City Clerk's Office, the City Manager's Office, and quite a few department heads also received calls about a letter that was sent to City employees. She read the letter into the record. It was from Commissioner Katz, asking for support in his attempt to become Mayor of the City. She said the employees felt violated that somebody was authorized to come in and ask for their names and addresses. Some of them perceived this letter to be a threat and were extremely upset. She told the employees that she does not get involved in administration, and referred them to the City Manager's Office. Commissioner Katz stated that his political opponents have obviously instigated this. He said he is endorsed by the Firefighters, the EMT's, the PBA, and the municipal employees because they know he looks to protect their vested interests. He said that was the tone of his letter. He stated that there have been continued overtures of eliminating Civil Service and privatizing services, and he wanted to,assure them that he would protect their job security as their Mayor. He stated that the employees are registered voters. They live, work and pay taxes in Boynton Beach and have the right to be informed. He apologized if he offended any of them. He said he received 87 more telephone calls than Vice Mayor Matson, thanking him for the information and supporting his candidacy. Set date for Special Clty Cemmlsslon Meeting to receive the )larch 14, 1995 Certified election returns and newly elected members to assume office This meeting was scheduled for Thursday, March 16, 1995, at 5:00 P. M. C, Discussion and hearing on the possible revocation of the agreement between the City of Boynton Beach and Qulk Arrival Towing Carl Cascio, attorney for Ron McGheen of Quik Arrival Towing, objected to this hearing because his client received a letter on March 3, 1995 by hand delivery and the contract states that you have to have ten days' written notice. He said his client was not able to retain an attorney over the weekend. He advised that his client contacted him yesterday afternoon and he requested the Commission to postpone anY hearing on this matter until his client is given adequate notice and he can prepare. Commissioner Katz asked if Quik Arrival Towing is still on probation. City Attorney Cherof did not think the status of being on probation would alter their - 17 - NINUTE$ - CITY CQNNI$$IQN NEETING BOYNTON BEACH, FLORIDA HARCH 7, 1995 right to have timely notice of a hearing, if the object of the hearing was a revocation of their license to do business with us. If the notice has not been made within the appropriate time period, he recommended that the matter be con- tinued. Notion Vice Mayor Matson moved to continue this matter. Mayor Pro Tem Bradley seconded the motion, which carried 4-1. Commissioner Katz cast the dissenting vote. D. Appointment to the Palm Beach County Nunlclpal League Mayor Harmening said he is the City's lead representative to the Palm Beach County Municipal League. They normally have their election of directors in June. In the interim, he felt someone should be appointed in his place. Vice Mayor Matson is the alternate representative to the Municipal League. She expressed a desire to represent the City at the meetings. Notion Commissioner Katz moved to appoint Lynne Matson as the City's representative to the Palm Beach County Municipal League. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing City Attorney Cherof advised that Ordinances 095-02, 095-03 and 095-04 will actually be the commencement of second reading. At the conclusion of the public hearing, the Commission needs to table each of these items to afford the proper publication period to run on the quarter page ad since these affect zoning and use, 1. Proposed Ordinance No. 095-02 Re: Land Development Regulations City Attorney Cherof read Proposed Ordinance No. 095-02 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Vice Mayor Matson pointed out a typographical error on page 1. In the first paragraph after the title of the ordinance, the word "Plan" should be "Land". Mayor Harmening stated that he has never been in favor of planned unit develop- ment. - 18- #INUTES - CITY CO#HI$$ION #EETING BOYNTON BEACH, FLORIDA HAP. CH 7, 1995 Hotlon Commissioner Aguila moved to table Proposed Ordinance No. 095-02. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 2. Proposed Ordinance No. 095-03 Re: Residential Appearance Code City Attorney Cherof read Proposed Ordinance No. 095-03 by title only. James #lrlana, 728 N. E. 8th Avenue, spoke in favor of this proposed ordinance. He was opposed to allowing parking on swales. Vice Mayor Matson read two letters in favor of this proposed ordinance. One was from Steve Myott, who was strongly in favor of limiting parking in swales and enforcing maintenance of the right-of-ways within the residential areas of the City. The other letter was from Michelle Constantino, who lives on Flamingo Drive. Henrietta Solomon, spoke in opposition to this proposed ordinance. She stated that some families own up to four vehicles and the Commission should provide alternatives for parking. Corwin Campbell, 3612 S. E. 2nd Court, spoke in opposition to this proposed ordinance because it prohibits parking in swales. Vice Mayor Matson asked City Manager Parker to provide her with a copy of Delray Beach's ordinance. She believes it is much stricter than this ordinance. She said people have to decide whether they truly want revitalization in this City. They have to decide what they want this City to look like. She said swales are meant for drainage, not parking. Mayor Pro Tem Bradley asked everyone to think about, not only families who have more cars than parking space, but the visitors who are invited to people's homes. Mayor Harmening was not in favor of this proposed ordinance either. He felt it was not enforceable. Commissioner Aguila felt the intent of this proposed ordinance is good, but not enforceable. He believes we should concentrate on what to do if a swale becomes dysfunctional because it has been destroyed by repeatedly parking on it. He stated that people are going to park on swales because they have no alternative. He felt the Residential Appearance Code is subjective and will allow the City to go after the property owners who have no pride in their surroundings. However, he was not in favor of approving this proposed ordinance. Commissioner Katz pointed out that many residents have planted trees or shrub- bery in the swales which do not meet the requirements of this proposed ordinance and would have to be removed. He felt they should be grandfathered in if this proposed ordinance is approved. He also suggested that the City utilize the Adopt-a-Tree Program by providing trees and shrubbery that would not be a detri- - 19 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH,, FLORIDA MARCH 7, 1995 ment to the drainage system, and allow them to be planted in the swales to beautify the neighborhoods. This would also prevent parking on the swales. Mayor Harmening said this would also aid percolation. Motion Commissioner Aguila moved to reject Proposed Ordinance No. 095-03. Mayor Harmening passed the gavel and seconded the motion. The motion carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting votes. Commissioner Katz requested administration to consider allowing, through the Adopt-a-Tree Program, planting in the swales. Mayor Pro Tem Bradley believed that communities look their best when people feel their best; when people are proud of their City, neighborhood, street and home. He said this changes very slowly and very subtly. He said an ordinance is not going to fix the problem. A spirit, a pride, and a subtle significant shift in the approach people have will make the difference. He thinks the Commission, over years, has set the wrong example. ~ Commissioner Katz stated that the Code currently states that planting in the swales is prohibited. Commissioner Aguila advised him that the Code is silent on this issue and does not address planting in the sWales very well. Commissioner Katz would like a consensus of the Commission to have staff rework that part of the Code to make it specific and to encourge staff to allow, through the Adopt-a-Tree Program, planting the proper shrubbery in the swales to beautify the City. Mayor Harmening pointed out that this could create a problem if the City needs to dig up the swale to get to a water main. Mr. Hukill pointed out that the Commission discussed planting in the swales a few weeks ago and wanted certain language added to the Code. He referred to page 22-5, paragraph N, which allows, under certain conditions, planting in the swales. Commissioner Aguila asked if the Code deals with situations where the City needs to dig up a swale. He did not want the City to have to be responsible for replacing trees and shrubbery if they need to dig up a swale. Mr. Hukill advised that the Code is fairly general. It states that {1} certain tests have to be passed, {2) utility lines cannot be interferred with, {3) the size and species have to be approved by the City Forester, and {4) it has to be approved by the Director of Development because there are engineering con- siderations in terms of site distances, etc. Vice Mayor Matson expressed concern about the City's appearance. She felt the Commission has allowed the City to become a dumping ground for recreational vehicles and trailers in front yards, side yards and swales. - 20 - MINUTES - CITY CONHI$$ION #EETING BOYNTON BEACH, FLORIDA MARCH 7, 1995 Mayor Harmening advised that a recreational vehicle cannot be parked in a swale. tn addition, it has to be parked on hard stands. Ms. Heyden asked if the Commission is directing staff to delete this policy from the Comprehensive Plan. Mayor Harmening answered affirmatively. 3. Proposed Ordinance No. 095-04 Re: Community Design Plan City Attorney Cherof read Proposed Ordinance No. 095-04 by title only. No one wished to speak in favor of or in opposition to this proposed ordinance. Therefore, Mayor Harmening declared the public hearing closed. Notion Commissioner Aguila moved to table Proposed Ordinance No. 095-04. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. B, Ordinances - 1st Reading 1. Proposed Ordinance No. 095-05 Re: Zoning code change to allow dental laboratories as a conditional use in commercial districts City Attorney Cherof read Proposed Ordinance No. 095-05 by title only. Notion Commissioner Aguila moved to approve Proposed Ordinance No. 095-05. Mayor Pro Tem Bradley seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The motion carried 5-0. C, Resolutions 1. Proposed Resolution No, R95-33 Re: Final plat approval for Nautica Plat I PUD City Attorney Cherof read Proposed Resolution No. R95-33 by title only. Notion Commissioner Aguila moved approval of Proposed Resolution No. R95-33. Mayor Pro Tem Bradley seconded the motion. Commissioner Katz said he will vote against Proposed Resolutions R95-33 and R95-34, based on his previous remarks. The motion carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting votes. - 21 - MINUTES - CITY COl~I$$IOg MEETING BOYNTON BEACH, FLORIDA ~RCH 7, 1995 2. Proposed Resolution No, R95-34 Re: Final plat approval for Citrus Park PUD City Attorney Cherof read Proposed Resolution No. R95-34 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R95-34. Mayor Pro Tem Bradley seconded the motion, which carried 3-2. Vice Mayor Matson and Commissioner Katz cast the dissenting votes. ® Proposed Resolution Ho, R95-35 Re: Support of legislation pending before the U. S. Congress to reform the Safe Drinking Water Act City Attorney Cherof read Proposed Resolution No. R95-35 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. Rg5-35. Mayor Pro Tem Bradley seconded the motion. Mayor Harmening felt the City's position should be even stronger. Commissioner Katz stated that it sounds as if people are trying to weaken current standards, not strength them. Mayor Harmening felt the proposal to spend money to test for contaminants that have never appeared in the water anywhere in the State of Florida was ludicrous. The motion carried 5-0. 4. Proposed Resolution Ho, R95-35 Re: Amendment to Interlocal Agreement reference expanding utilities service area City Attorney Cherof read Proposed Resolution No. R95-36 by title only. Notion Mayor Pro Tem Bradley moved to approve Proposed Resolution No. R95-3§. Commissioner Katz seconded the motion. Commissioner Aguila pointed out a typographical error in the word "service" on the third line of Section 1, page 1. Vice Mayor Matson pointed out that another signature line is needed on the last page. The motion carried 5-0. - 22 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NARCH 7, 1995 Proposed Resolution No. R95-37 Re: Authorization to approve plans and provide water service to residents of Chukker Road in unincorporated area City Attorney Cherof read Proposed Resolution No. R95-37 by title only. Commissioner Aguila asked why the City wants to provide water service in this area. He pointed out that this section has been difficult in the past. City Manager Parker stated that this is adjacent to Tradewinds and the format is the same fomat used with Tradewinds Estate in the County. Mayor Pro Tem Bradley asked if there is a good reason why the City should not provide water service in this area. Mayor Harmening stated that there is a good reason why the City should. The County is paying to install the Water main and the City is getting all the revenue. Notion Commissioner Aguila moved to approve Proposed Resolution No. R95-37. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. 6. Proposed Resolution No. R95-38 Re: Release of Surety - Mobile Service Station at Boynton Lakes Plaza City Attorney Cherof read Proposed Resolution No. R95-38 by title only. Vice Mayor Matson commented that they have been a very good neighbor. Notion Vice Mayor Matson moved to. approve Proposed Resolution No. R95-38. Commissioner Katz seconded the motion, which carried 5-0. 7. Proposed Resolution No. R95-39 Re: Authorization to convey five (5) lots for the In-Fill Construction Program City Attorney Cherof read Proposed Resolution No. R95-39 by title only. Notion Commissioner Aguila moved to approve Proposed Resolution No. R95-39. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. Mayor Harmening referred to the house on the southwest corner of Seacrest Boulevard and 22nd Avenue. The City obtained this house from the DOT. He would like it fixed up and sold, or torn down. - 23 - #INUTE$ - CITY (~)1414I$$ION #EETING BOYNTON BEACH, FLORIDA I~ARCH 7, 1995 City Manager Parker advised that at the request of the CDC, the City transferred the title to them. The CDC has been trying to acquire the adjacent property so they can open the parking lot for business and make that their office. They have not been able to settle the closing yet. Wilfred Hawkins, the Assistant to the City Manager, advised that the house is not technically the City's until the City makes the transfer to the CDC. The only purpose for the City applying for the house was for a nonprofit usage. If the City does not want it, or does not want to do anything with it, the City can give it back to the State. The CDC's attorney is giving the owner of the adja- cent property ten more days to respond before purchasing the property through a tax sale. Mr. Hawkins also advised that the CDC has hired a landscaper to cut the grass. Mayor Harmening directed City Manager Parker to tell the CDC to get it fixed up or the City will tear it down. Other 1. B~terl Arbitration City Attorney Cherof advised that Sgt. Robert Bayerl was demoted and suspended for failure to follow proper investigative protocols in the Police Department. He challenged that through a grievance process, which proceeded to arbitration. The arbitrator ruled in favor of the City and upheld both the suspension and the demotion. UNFINISHED BUSINESS None. XII. CITY IVJ~AGER'S REPORT A. ALS Transportation Billing Update City Manager Parker advised the Commission that City staff is going to try to do the billing themselves. This will save approximately $54,000.00 a year. If City staff is not successful, the City will go back to the ADP contract. In response to Mayor Harmening, she advised that the City is not hiring any addi- tional employees to do this billing. - 24 - #IHUTE$ - CiTY CO#NISSION #EETING BOYHTOH BEACH, FLORIDA HARCH 7, 1995 XIII. ADQOURN#EtlT There being no further business to come before the City Commission, the meeting was adjourned at 9:46 P. M. ATTEST: City' Clerk "-- Recording Secretary (Four Tapes) THE CITY OF BOYNTON BEACH J/ Mayor //~ v'- /~/) Mayor Pro~T~, r-, / Comm~oner - 25 - AGENDA MARCH 7, 1995 III. CONSL~T AGENDA D cc: Fin, Util, Ret: e e e ABLE LAWNMOWER SALES & SERVICE ....................... $1,852.43 P.O. 8953. EQUIPMENT REPLACEMENT PAY FROM GEN FUND -- 001-722-5-641-00 ADVANCED DATA PROCESSING INC ........................... $ 5.094.86 P.O. 8007. ALS CALLS CONTRACT INS & BILLING PAY FROM GEN FUND -- 001-221-5-468-00 ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE AMERICAN STANDARD CONSTRUCTION ..................... $10,152.00 P.O. 8476. PYMT #7, REROOF PROJECTS $ 92,736.00 0.00 76,077.10 10,152.00 $ 6,506.90 PAY FROM W & S REV FUND -- 401-391-5-629-00 ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE AMERICAN STANDARD CONSTRUCTION ...................... $ 9~544.30 P.O. 9027. PYMT #2, REROOF PROJECTS $17,874.00 0.00 5,459.40 9,544.30 $ 2,870.30 PAY FROM GEN FUND -- 001-192-5-629-00, $5,571.00, PAY FROM PUB SERV CONST TAX -- 301-722-5-629-44, $1,881.70, 301-192-5-629-01, $2,091.60 AMERIDATA ................................................. $1,891.27 P.O. 8864. FIRE ADM PRINTER PAY FROM GEN FUND -- 001-221-5-670-02 B.L.C. LAWN & MAINTENANCE ................................ $1,571.00 P.O. 8073. MAINTNENANCE CONTRACT PAY FROM GEN FUND -- 722-5-430-15 10. BOCA TIRES INC .............................................. P.O. 8087. VEH MERCHANDISE RESTOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 BOWER AMMONIA & CHEMICAL CO ........................... P.O. 8088. ANHYDRUS AMMONIA PAY FROM W & S REV FUND -- 401-335-5-365-00 CH2M HILL ................................................... TASK ORDER #22, START-UP/CONST ASSIST, ENGINEERING SERVICES/WATER PLANT, TANK PAY FROM 1990 CONST FUND -- 409-000-0-690-10, $7,318.12, PAY FROM W & S UTIL REV FUND -- 421-000-0-691-21, $1,025.11, PAY FROM STORM WATER UTIL FUND -- 425-397-5-499-00, $1,592.88 CASSIDY AIR CONDITIONING ................................. P.O. 9122. AIR CONDITIONING REPAIRS PAY FROM W & S REV FUND -- 401-336-5-499-00 $1,265.57 $1,119.03 $ 9,936.11 $ 3,749.25 11. 12. 13. 14. 15. CHEMICAL LIME ............................................. P.O. 7980. LIME FOR SOFTENING PAY FROM W & S REV FUND -- 401-335-5-365-00 COASTAL CONSTRUCTION PRODUCTS INC .................... PAINT FOR CITY HALL PAY FROM PUBLIC SERV TAX -- 301-194-5-634-12 COMPAQ ..................................................... P.O. 9016. COMP SYS UPGRADE PAY FROM GEN FUND -- 001-000-1-451- ! 8 COMPAQ ..................................................... P.O. 9014. COMP SYS UPGRADE PAY FROM GEN FUND -- 001-722-5-670-02, $1,997.00 PAY FROM WAREHOUSE FUND -- 502-199-5-670-02, $1.977.00 CONGRESS COMMUNITY MIDDLE SCHOOL .................... COMMUNITY/SCHOOL USE AGREEMENT PAY FROM GEN FUND -- 001-721-5-499-00 $ 4,279.20 $ 2,792.17 $ 7,988.00 $ 3,994.00 $ 8,000.00 16. 17. 18. 19. 20. 21. 22. 23. 24. ERNST & YOUNG LLP ......................................... PROF SERV SINGLE AUDIT COMP, LEG COMP TEST, YEAR-END WORK - FINAL PYMT PAY FROM VARIOUS FUNDS $ 4,500.00 FIRST CHOICE ROOFING .................................... $12,790.20 P.O. 6775. EXT PLANTERS, SILLS MODIFICATIONS ORIGINAL CONTRACT CHANGE ORDERS ADJUSTED CONTRACT PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $112,150.00 1,804.00 113,954.00 89,768.00 12,790.20 11,395~40 PAY FROM PUBLIC SERV TAX CONST FUND -- 301-194-5-634-12 GAZEBO LANDSCAPE DESIGN INC ............................ $ 8,997.50 P.O. 8879. IRR/N FED HWY MEDIANS PAY FROM FEDERAL GRANTS -- 105-722-5-635-04 GREEN TREE DRY CLEANER .................................. $19136.12 P.O. 8602. POL UNIFORM CLEANING CONTRACT PAY FROM GEN FUND -- 001-211-5-436-00 JONES CHEMICALS ........................................... $ 4,468.00 P.O. 8113. CHLORINE/SULFURIC ACID PAY FROM W & S REV FUND -- 401-335-5-363-00 JOSIAS & GOREN, PA ......................................... $ 3,400.00 REAL PROP ANALYSTS PAY FROM GEN FUND -- 001-141-5-468-00 LAW ENFORCEMENT SUPPLY CO. INC ......................... $ 6,675.30 P.O. 8706. PD/NEW VEHICLE EQUIPMENT PAY FROM VEH SERV FUND -- 501-193-5-688-00 LAWMEN'S PHOTO SUPPLY ................................... $1,254.40 P.O. 8021. OFFICE SUPPLIES FOR STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 LEAHCHEM INDUSTRIES INC ................................. $1,566.00 P.O. 8027. ANIONIC POLYMER PAY FROM W & S REV FUND -- 401-335-5-365-00 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. METZGER, SONNEBORN & RUTTER, PA ....................... $1,012.40 PRO SERV- JAEGER VS WEINER, 12/29/94- 1/31/95 PAY FROM SELF INS FUND -- 622-195-5-468-00 O.M. SCOTT & SONS COMPANY ............................... $ 8,435.20 P.O. 8888. BULK FERTILIZER PAY FROM G C REV FUND -- 411-726-5-366-00 P.R.I.D.E. OF FLORIDA ........................................ $1,426.20 P.O. 8207. RETREAD TIRES PAY FROM VEH SERV FUND -- 501-193-5-322-00 PALM BEACH COMMUNITY COLLEGE ........................ $1,363.70 POLICE ACADEMY FEES/EVE EUBANKS PAY FROM MISC TRUST FUND -- 691-000-1-690-10 PALM BEACH PRODUCTIONS ................................. $1,750.00 BLACK AWARENESS DAY ENTERTAINMENT PAY FROM PUBLICITY FUND -- 101-191-5-455-00 PEROXIDATION SYSTEMS .................................... $ 6,155.00 P.O. 8198. ODOR/CORROSION CONTROL W & S REV FUND -- 401-352-5-365-00 PIFER INC .................................................... $ 8,190.00 P.O. 8854. LAWN EQUIPMENT REPLACEMENT PAY FROM VEH SERV FUND -- 501- 193-5-688-00 POINCIANA ELEMENTARY SCHOOL .......................... $12,027.00 LATCHKEY PROGRAM FEES 10/94 - 1/95, PAY FROM FEDERAL GRANTS -- 105-723-5-499-00 QUADRANT SYSTEMS INC .................................... $1,000.00 P.O. 8930. FAST POST SOFTWARE PROGRAM PAY FROM GEN FUND -- 001-132-5-670-02 QUANTEX .................................................... $ 4,148.00 P.O. 8862. COMPUTER REPLACEMENT/DAC SYS PAY FROM 1990 CONST FUND -- 409-000-0-691-10, $2,074.00 409-000-0-691-10, $2,074.00 R.C. SPORTS .................................................. $1,454.87 PRO SHOP REVENUE PAY FROM GEN FUND -- 001-000-1-080-55 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. RITZ SAFETY EQUIPMENT INC ................................ P.O. 8136. RESTOCK SAFETY MERCHANDISE PAY FROM WAREHOUSE FUND -- 502-000-0-410-15 $ 2,096.90 ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE ROCKLAND CONSTRUCTION CO ............................. $14,463.00 P.O. 7163. FINAL PYMT, OCENAFRONT PK PROJECT $ 289,260.00 0.00 274,797.00 14,463.00 0.00 PAY FROM REC & MUN BEACH IMPROV FUND -- 303-721-5-640-36 SOUTHEASTERN PUMP CO .................................... $ 6,300.00 P.O. 9071. PUMP REPLACEMENT AT LS #603 PAY FROM W & S REV FUND -- 401-352-5-433-03 SIRCHIE FINGER PRINT LABORATORIES ...................... $1,088.73 P.O. 8978. FINGER PRINT FILE STORAGE PAY FROM GEN FUND -- 001-211-5-671-00 SCRWTD BOARD ............................................. $ 86,432.21 SINKING FUND PYMT #10, MODIFICATIONS PYMTS 17 & 18, SLUDGE PROCESS MODIFICATIONS PAY FROM UTIL GEN FUND -- 403-000-0-691-22 SOUTHEASTERN MUNICPAL SUPPLY ......................... $ 25,859.00 P.O. 8965. WATER METERS FOR STOCK PAY FROM W & S REV FUND -- 401-333-5-337-OO TARE LAWN MAINTENANCE .................................. $ 8,471.00 P.O. 8169. LANDSCAPE MAINTENANCE SERVICE PAY FROM GEN FUND -- 001-722-5-430-15 3M CENTER .................................................. $1,122.12 P.O. 9091. WAREHOUSE STOCK PAY FROM WAREHOUSE FUND -- 502-000-0-410-17 UNIVERSITY MICROFILM INC ................................ $ 2,835.00 P.O. 8699. BUSINESS PERIODIC ON DISC PAY FROM GEN FUND -- 001-711-5-670-02 UNITED HORTICULTURAL SUPPLY ............................ $1,270.00 P.O. 8179. CHEMICALS/WEED CONTROL PAY FROM G C REV FUND -- 411-726-5-361-00 46. 47. 48. 49. 50. UTILITY SERVICE INC ....................................... P.O. 7241. EST #5, LS #801 MODIFICATIONS ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $214,998.00 0.00 130,070.04 70,397.06 14,530.90 PAY FROM SANITATION FUND -- 421-000-0-691-21 $ 70,397.06 WEST CONSTRUCTION INC .................................. P.O, 8948. C-16 CANAL PARK CONSTRUCTION ORIGINAL CONTRACT CHANGE ORDERS PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $178,488.00 0.00 0.00 47,880.22 $ 130,607.78 PAY FROM FEDERAL GRANTS -- 105-722-5-634-00 $ 47,880.22 WESTERN WATER PROOFING CO ............................. $ 3,356.36 P.O. 6995. PYMT #6, WATER PROOF/CAULK CITY HALL ORIGINAL CONTRACT CHANGE ORDERS ADJUSTED CONTRACT PAYMENTS TO DATE CURRENT PAYMENT CONTRACT BALANCE $ 95,725.00 5,169.98 100,894.98 87,449.12 3,356.36 10,089.50 PAY FROM PUBLIC SERV TAX CONST FUND -- 301-194-5-634-12 XEROX CORPORATION ....................................... $1,140.00 P.O. 8380. WAREHOUSE STOCK/COPIER SUPPLIES PAY FROM WAREHOUSE FUND -- 502-000-0-410-10 M T FULLER .................................................. $ 6,237.50 GRAPHICS FOR BUS SYSTEM PAY FROM VEH SRV FUND -- 501-193-5-681-00 THESE BILLS HAVE BEEN APPROVED AND VERIFIED BY THE DEPARTMENT HEADS INVOLVED. CHECKED AND APPROVED FOR PAYMENT. DIANE REESE, DEPUTY FINANCE DIRECTOR I THEREFORE RECOMMEND PAYMENT OF THESE BILLS. CARRIE PARKER, CITY MANAGER ADDITIONAL BXLLS APPROVED AT THE NARCH 7, 1995 CITY ~SSION NEETING JOST~-~ & OOai~q, pA ........................................ $ 14,073.65 PROFESSIONAL SERVICES REINBURSENENT PIy FR(~ DEN FUND ~ 001-141-5-468-00 L~ATm~.~ PARK ............................................. $ DESXGH FEE FOR CHILDRENWS PLAYGRDUND PAY FR014 PUBLIC SERVICE TAX CONSTRUCTION ~ 301-722-5-644-00 1,108.00 CITY oF · · BOYNTON BEACH ................. '~'- ' ' 211 S. Federal Highway ~":'~ P. O. Bcrx 310 ~3~ton B~c3% ~ 3342§-0310 November 1, 1988 Mrs. Teal Pontarelli THE POST Legal Ads Department 2751 $. Dixie Highway West Palm Beach, FL 33405 Dear M~s. Pontarelli~ Enclosad you will find the following items to be published in your Legal Ad section. PROPOSED ORDINANCE NO. 88-48 PROPOSED ORDINANCE NO. 88-49 PROPOSED ORDINANCE NO. 88-50 (PUBLISH IN ITS ENTIRETY) Please publish said item in THE POST on November 5, 12, 19 and 26, 1988. Very truly yours, CITY OF BOYNTON BEACH BSB/'mm~ Enclt~zu:'e P.S. ~'lease furnish this office with a "PROOF OF ?:.;SLICATION" on the items above. NO?ICE The following proposed ordinances which are published in their entirety were read on first reading at the regular meeting o~ the City Commission of the City of Boynton Beach, Florida, on the 1st day of November, 1988 and shall be pre- sented for the second and final reading and for proposed enactment by the City Commission in the Commission Chambers at City Hall, Prime Bank Plaza, 211 South Federal Highway, Boynton Beach, Florida, on December 6th, 1988. Any interested parties may appear ut said meeting and be heard with respect to these proposed Ordinances. Subject Ordinances may be inspected by the public at the office of the City Clerk at said City Hall. Pursuant to F.S. 286.0!05, please be advised'that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he will need a record of these proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which ~he appeal is to be based. PROPOSED ORDINANCE NO, 88-48 (ATTACHED) (PUBLISH IN ITS ENTIRETY) PROPOSED ORDINANCE NO. 88-49 (ATTACHED) (PUBLISH IN ITS ENTIRETY) PROPOSED ORDINANCE NO. 88-50 ( ATTACHED ) (PUBLISH IN ITS ENTIRETY) CITY OF BOYNTON BEACI[ BETTY S. BORONI CITY CLERK Post :,k~v~nk~r 5, 12, 19 and 26, 1988 NOTICE The following proposed ordinances which are published in their entirety were read on first reading at the regular meeting of the City Commission of the City of Boynton Beach, Florida', on the 1st day of November, 1988 and shall be pre- sented for the second and final reading and for proposed enactment by the City Commission in the Commission Chambers at City Hall, Prime Bank Plaza, 211 South Federal Highway, Boynton Beach, Florida, on December 6th, 1988. Any interested parties may ~ppear at said meeting and be heard with respect to these proposed Ordinances. Subject Ordinances may be inspected by the public at the office of the City Clerk at said City Hall. Pursuant to F.S. 286.0105, please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he will need a record cf these proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to'be based. PROPOSED ORDINANCE NO. 88-48 (ATTACHED) (PUBLISH IN ITS ENTIRETY) PROPOSED ORDINANCE NO. 88-49 (ATTACHED) (PUBLISH IN ITS ENTIRETY) PROPOSED ORDINANCE NO. 88-50 ( ATTACHEE ) (PUBLISH IN ITS ENTIRETY) ~v,~r 5, 12, 19 arw! 26, 1988 . '~': C~ t¥ ~'hnagor, City Attorney Joycu Costello, file CITY OF BOYNTON BEACH BETTY S. BORONI CITY CLERK ORDINANC~- NO. 88- 48 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY...OF BOYNTON BEACH, FLORIDA, ANNEk~NG A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN' EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES · WH~%EAS, Michael D. Gordon and Enrico Rossi, agents for Innracoastal Development, Inc. (Citrus Glen Phase II), ~ of the following tract of lan~ as hereinafter described, have filed a Petition for Annexation to the city of Boynton Beach, Florida, directed to the City of Bo~nton /!Beach, Florida, directed to the City Comission pursuant to Ar'.icte I, Section 7 (32) of the Char.tot of the City and Section 171.044, F_lorida StatutesL and :,~, said tract of land lying and being within Palm to the existing City limits of County is contiguous =he "_ity of Boynton Beach, Florida and will, upon its ar~--':--tion, constitute a reasonably compact addition to the Ci?f territory; and ~q~_/LF2%S, the proposed use of said land and Land Use --,'-~ignation have been determined to be consistent with the : -ufo land uses of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY T}IE CI~f COMMISSION ":' THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Pursuant to Article I, Section 7(32) of ' '" Charter of the City of Boynton Beach, Florida and ~~ ~[I O=dlnl~e shall ~' S~oX~Xa authorXty Xs ho~a~ 9Xvon to ~lad w~th the ~letk b~ the CXt~/t C~tt o~ 1988. TBE POST NovemJ~r, 5, 12, 19 & 26, 1988 C£t¥ Attor~e~ ORD~H~IC~, NO. 88-49 ~10RD~N/~C~ O~ TIH~ CtTY CO~4MISfi~ON O~ ~NEXING ~ CERTA~ UNINCOR~RATED OF L~D ~AT IS CONTIGUOUS ~ L~MITS WI~ilN PA~ ~EACll CO~ AND TIIAT Wll. L~ U~N. ITS ~NEXATI~, CONST1~E A REASONABLY COMPA~ ADDITION ~ TERR1~RY, PURSU~ ~ A PETITION OF ~ER OF SAID TRA~ OF L~D, REQUESTING ~NEKATION PURSUA~ ~ ARTI CLK I, SE~1ON ~ (32} OF ~[E C~ARTER OF CI~ OF BO~N BEACH~ F~RIDA, ~D GE~ZON 1~.044, '~RIDA STA~ PROVIDINO ~E PROPE~ ~D ~E DESI~NATI~ ~D PROPER Z~IN~ OF PROPER~ SHALL BE REFLEXED ~N SEPA~TE O~IN~ ~ BK P~SED SI~LT~USLY H~I~ ~P~XNG ~ O~XN~CES P~TS OF O~IN~CES IN HE~I~ PR~DING A SAVINGS C~USEJ PR~IDING FOR ~R~SING~ PR~IDING EFFE~I~ DA~ P~IDING A~ORI~ CODI~ PR~I'DING ~AT ~IS O~IN~CE S~LL BE FILE~ ~ ~E CL~K OF CIRC~T CO~ OF PA~ BEACH CO~ ~R~DA, U~N ~ION~ ~D P~S~. WKE~EAS, AUgUStin A. Hernandoz, agent for Palm Beach County School Board, owners o£ tho followlt~ tract o£ land as hereinafter described, have filed a Petition for Annexation to thc City of Boynton Beach, Florida~ directed to the City of Bol~%ton Beach, Florida, directed to the City Co~.nission pursuant to Article I, Section 7 (32) of Char=er of the City and Section 171.044., Florida StatutesL ~--:/EREAS, said tract of land lying and being within Palm Be~:h :=un~y Is contiguous to tho ox~sting C~ty limits o~ =h~ ::~y of Boyn~on Beach, Florida and will, upon ann~z~:!on, constitute a reasonably compact addition to the .C~=~ territory; and ~, the proposed usu of said land and Land Use De~i~ation have been determined to be consistent with tho future land uses of the City of Boynto~ Beach. NOW, THEREFORE, [~g IT ORDAINED BY ~lE CI'I~ COMMIIifiION OF ~[E CI~ OF BO~N BF~CH, FLORIDA: Section 1: Pursuant to Article I, Soctip~ 7(]2] of ~'~he Charter of the City of Boynton ]~each, Florida and ion 171.Q44, ~, the tol%o~ing wLt~ ~ mouth onn-h~{ (~, %/2) ~{ th~ ~ou~h~es~ quarter {sw 1/4) o{ tho t~nsh~p 4S leech, ranqQ 43 ~as~, Roa~ R~gh~-o~-~aY abutting tho WeS~ pro~rtY L~n~ o~ tho eub~cc~ ~L~ o~ tho a~ve ~ng Locatc~ ~n B~ch CountY, F~or~da. Eau~ o{ Sec~Kon L~no) 0.6L ~semen~)' O, 42 acres ~s ~re~&~n~x~O tho C~y o~ B~on~achr FLorlda; su~% Lan~ so annexc~ sha~ ~ an~ ~c~e part o~ the C~y w~ the s~e force a~ e~ec~ as thov~h ~ho s~e had or~gLna~Y ~ncor~rated ~n the tcrr~or~aL ~undaz~cs ~h~r~o~, Section 2~ ~a~ Section 6 an~ 6(a) o~ tho ~rter o~ ~he C~ty o{ eoynton Be~ch, F~o~d~,.Zs he~eb~ ~ende4 to ~e~lect the ~nnex~t~on o{ saLd t~act o~ Land Eec~on 3~ ~hat by Ordinance a4optcd s~mu~taneous~y ~hare,~h, tho proper zon~n~ des~gnaticn and Lan~ Use Sact~on 4t All ordinances or par~s O~ ordinanco~ ::n~lict herewith arc hereby repealed. ~ecti~n 5~ Should any section or provision o~ this 2r~:~nancu or any portion thereo~ be declared by a cour~ c~c.~e~en% jurisdiction ~o be invalid, such decision shall :.ut ~i~ec% the ~emaindur of this Ordinance, Sect~2n 6~ This Ordinance shall not bu passed until ~ ~r~{. =~tme has been ~dvertisud ~or four t4) con~ecu~ivo weeks X71,044~ ~. ~ ~ia Ordinance shall ~c~ ~ S~c~c author ~ty c~ ~hXs Ordinance, ~ ~i. O~d~nanca, a~er adop~Xon, ~e~ wL~h ~he CXe~k o~ ~he CXF~X~ Cou~ o~ Fab ~ich F~T ~XM~ ~hLI ls~ day of f CTT7 OF BO¥1~ON BEACH CITY CLEI~K PUBLiS~z THE POST NOVemBER 5, 12w 19 and 26, 1988 Joyce Costello File ~N~Z~ ~ CE~A~N UNZN~RPO~D ~A~ OF ~ND ~IAT IS C~TXGUOUB ~ ~lE WXL~, U~N l~ ~N~TXON, CONSTX~ R~SONA~Y COMPA~ ~DZTI~ ~ ~E T~I~RY~ PU~U~ ~ A PETITION OF ~ER OF &AID T~ OF ~D~ R~UE~ING ~T~ ~U~ ~ ARTICLE SE~ION ~71 · 0 4 4, PR~IDIN~ ~IE PROPER L~D D~IGNATION ~D PROPER ZONING OF PROPER~ S~ BK REF~E~ED IN ZEP~TE ~E~Z~ p~DIN~ A SAVZNOS ~USE~ P~DING FOR ~ISING~ P~DING ~I~ DATE~ P~IDIN~ AU~O~ ~DI~ P~ZDZNG ~T ~IS S~ BE FIL~ WI~ ~E CLE~ .OF CIRCUIT ~T OF P~ BEACH CO~, F~RIDA~ U~N ~ION~ ~ ~ ~S~.. W~EAS, Michael !}. Gordon and Enrico RossL, agents for lnt.-s:oastal Developmen=, Inc. (Lawrence ~), ~rs o~ ~1~ a pa~on for ~nexa~on to tho C~ty o~ Beach, Florl~, d~roctud tO tho C~ty u~ ~ton Beach, Flor!da, d~r~cted to tho C~ty Co~ssion ~s~nt to ~t~cle ~l, Section 7 {32) o~ the ~a:ter o~ tho Cit~ 171.044, Florae Statutes and ~, said tract o~ land lying and ~lng withLn Pa~ Be~:= :oun:y is cont~ous to tho existing City l~m~ts et the ~:y of Boynton Beach, Florida and w~ll, upcn Its ar=~on, constitute a reasonably compact add,ties to the ~-~, the pro~sad use o~ said land and Land Uso fuiura land uses o~ the City o~ Boynton Beach. NOW, TIIEREFORE, BE IT OI~AINED BY TIlE CI~ CO~LMISSION OF ~]iE CI'[~ OF BO~N BEACH, FLORIDAI Section 1: Pursuant to Article I, Section the Charter of the city of Boynton Beach, Florida and Ecction 171.044, ~da Statutes, the following described lying in~ ~ng ~n the C~nty o[ ~alm ~ach, florid4, to ~o ~ait 313,50 too~ o~ tho Horth quaz[o= (~ 1/4) et tho ono-~ac~oc (~ 1/4) of tho ono-quac[oc [~ l/i) o[ Section ~shLp 45 Sou~h, Range 43 ~a~ and ~e Horth eno-hall iH 1/2) o[ tho eno-hall iS 1/2) O[ ~ho Horthv~s~ one-qua~to~ (~ ~/4) o~ tho North~st ono-~arte~ (~ ~/4) of tho Sou~h~s~ one-queerer (~ 1/4) a~ tho ~o~h 495 toot o~ tho Ho~theao~ one-~a~to~ ~/4) o~ tho Hozth~st one-~arter 1/4) o~ the Sou~hves~ one-quarter 132 tee~ o[ the Ho~s~ ona-~ac (~ ~/4} o~ ~he HoEthaasC on~-~a=tar (~E 1/4) o~ the Sou~h~8C (~ ~/4) in,Section 18, ~hip T~et~e~ with that ~tion oZ the Lake ~o=~h Drainage Dlstric~ Canal Lo21 ~ghC o~ the a~ve descried s~Joct p~o~ty including tho L-2I ~anal righ~ of loc~ed ~t~en tho sub~c~ p~o~y and Lt~nco ~d and tha~ ~tion o~ ~est pro~ty line o[ tho s~oct probity. All el tho a~vo ~ing lxat~ In B~ach Coun~y~ Florida a~ s~l~c~ ~o any and all eaa~n~s/dedica~ions el E~cozd. Containing 13.5391 acres et land, is he~e~ annexed to tho Cl~y o~ no~ton hooch. aec% =~ so annexed shal~ ~ and ~c~o part o~ th~ C~t~ ]wi~h -~s s~e to~co and oi~ec~ aa though tho same h~d boon orf;f=~ly incorporated in thc territorial boundalics Eection 2: ~at Section 6 ~nd 6(a} oi tho Charter ,,"°~. '~...~ City o~ Boynton Beach, Florida, la hereby amended to =eflec% tho annexation o~ said tract of land moro par=!cularly described 1~ Section 1 of this Ordinance. Section 3: That by Ordinance adopted simultaneously i.herewith~ the proper ~onin9 designation and Land Usu [category is being determined. ~ectlon 4: All ordinances or parts of ordinances in con[llc~ herewith are hereby repealed, oecq:tofl or pFovtston of otdLn&n~e or &ny po~:~ton ~e~eof be de~%ared by · court: of ~ ordXnance shall not~ bo passed until same ,sod fo~ four (4) ~LI~ ~ ~e Clerk o~ the C~r~l~ ~ o~ Palm ~ach 1988. TIlE CTTy OF BOYIT~N BEACI! DZTTY S, BORONX CTTy CLERIC TIlE POST ~OVE~ER 5, 12, 19 ~ 26, 1998 ,1oyce O~tello File M BEAC PuMished Daily and Sunda ~fl . West Palm Beach, Palm Beach Coun ,/ STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally a ~vho on oath says that she/he is Class. Adv. Mgr, ' of The Palm Bead a daily and Sunday newspaper published at West Palm Be~iCh in Palm Beach ( that the attached copy of advertlslng, beln . Notice ,atte~· Of_' Proposed Ordinances :~ :~ ,i '. '-' Court, was published in'sa he issues of ' November 5,: 12, 19,_,26, 1988 Affiant further says that the said The Post is a newspaper published at Wes'{ Palm Ieach, in said Palm Beach County, Florld'a~ and that the said newspaper has heretofore een continuously published in said Palm Beach County, Florida, daily and Sunday and as been entered as second class mall matter at the post office in West Palm Beach, in Jd Palm Beach County, Florida, for a period of one year next precedlng the first: ,blicatlon of the attached copy of advertisement; and affiant further says is neither paid nor promised any person, firm or corporation any dlscOunt, ~mmlssion or refu nd for the pur this for ,e said newspaper. ferne~ef of mrn to and subscribed before me thi! Novembe: :Mm · ' SMlXOlfl d/itl ~ THE PALH DEACH P N1 West~ Palm Be~ Dears: Mr: published ,awrence Please publish said ~ationa] Licenses oti°" ov .. on November 19, 1988. ,Y yours, BOYNTOM BEACH BSB/mas Enclosure lishcd by ~ were: ular meeting et the Cit~ miss o~the~ ~Florida, on the 15th day oi November,~1985,and shall be presented for pro- enactment by..:th~'CitY Commission in the Commission Chambersi~at.,the'City enk Plaza, 211 South Federal HiphwaY~IBoynton the 6th day of December meeting and be :with respect to these propOsed Ordinances. Subject ~. Ordinances may be inspected, by the public at the o£fi~Ce el ~the.Cit Clerk at said City Hall,~Pursuant to F.S. ~:please be advised that'it a person decides to ;any decision made by-the City Commission with respect considered at this meeting, he will need a -record of these proceedings,-and for such purpose, he may need to ensure that a verbatim record of the proceedings is made,'which record includes the testimony and evidence upon which~the appeal based ORDINANCE NO~88-~ AN~ORD~ COMMISSION OFI ~THE ~ClTY OF~?BOYNTON BEACH, FLORIDA, AMENDING ~ORDINANCE NO.' 80-19 OF SAID~ CITY ZONING A CERTAIN PARCEL OF LANDI ,LTHE ~' CITY OF BOYlqTON BEACH, ~..~:~-f'~:-FLORIDA~'~J,.:~,i.~L~ ~:' FROM AR (AGRICULTURAL/RESIDENTIAL) PALM BEACH COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF~BOYNTON BEACH, WITH A LAND USE INTENSITY:OF~4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP [NGLY; ~ PROVIDING THAT ALL DEVELOPMENT : OF SAID PROPERTY SHALL PROCEED~ IN%STRICT COMPLIANCE WITH THE DEVELOPMENT~t~.IPLANS AS SUBMITTED AND ~APPROVED AND ALL APPLICABLE ORDINANCES CITY OF BOYNTON BEACH, FLORIDA; 3 ~ A ~:: CONFLICTS CLAUSE; A SEVERABILIT~ CLAUSE, AND AN EFFECTIVE AND FOR OTHER PURPOSES. ::ORDINANCE NO. 88~ AN ORDINANCE OF THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING TBE ~ROPER LAND USE OF CERTAIN i PROPERTY WHICH IS BEING ANNEXED INTO THE~ · · CITY- BY. ORDINANCE SIMULTANEOUSLY HEREWITH,:~':,WHICH IS ~ORE PARTICULARLY DESCRIBED'>~ HEREINAFTER; SAID LAND i:DESIGNATION' IS BEING CHANGED FROMI ~EDIUM'MEDIUM HIGH RESIDENTIAL {PALM~ BEACH~COUNTY) TO CITY OF BOYNTON BEACH DENSITY ~ESIDENTIAL! PROVIDING A SAVINGS .-~REPEALING :C~ZSS~ON ;~ Ot CI~ BY ~ONZ~G A C~TAZN P~CE~ OF L~D ~E ~ CZ~ ~ OF *:~ ~ON B~CH, )~I~ WZ~ ~ SPECI~ ~C~ION FOR ~A ~PUBhZC~ ELegY SCH~L) TO ~:~ (SINGLE-F~ZLY ~SID~I~) :UL~Y ~ :CO~INGLY~ PROVIDING %~??~ ~AT ~ SAID ~,~ PROPER~ ~ SHALL CO~LI~CE S~MI~D ~L ~PLIC~LE O~IN~CES ~E CZ~ )P~.~BO~N B~CH, FLORIDA~ PR~IDING:~A ~CON~I~S :~'~ C~USE~ A FOR O~R P~OSES. O~IN~ NO. AN ORDINANCE THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA· AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELF-MENT OF COMPREHENSIVE PLAN OF THE* CITY BY ADOPTIN. G THE PROPER LAND USE OF CERTAIN ~ PROPERTY WHICH ~S BEING ANNEXED INTO '~E BY ::~ :?~ ORDINANCE SIMULTANEOUSLY · HEREWITH,~?~HICH IS MORE PARTICULARLY DESCRIBED~? HEREINAFTER~ ~. SAID LAND i DESIGNATION'~i IS BEING CHANGED FROM MEDIUM-MEDIUM ~ HIGH ' RESIDENTIAL (PALM BEACH COUNTY)~'.TO CITY OF BOYNTON BEACH LOW DENSITY'~~, RESIDENTIAL ~ PROVIDING A 'SAVINGS CLAUSE ~ PROVIDING P.~.P~ALING ~ PROVIDING AN EFFECTIVE DATE~ FOR OTHER PURPOSES. ORDINANCE NO. 88-.~ DRDINANCE OF THE CITY COMI4ISSION OF ~. THE~ CITY~ OF ~ BOYNTON BEACH· FLORIDA, ORDINANCE NO. 80-19 OF SAID BY ZONING A CERTAIN PARCEL OF LAND i WITHIN ~ THE CITY OF BOYNTON BEACH,. FLORIDA ~. ~'~ FROM AR (AGRiCULTURAL/RESIDENTIAL) PALM BEAC[I COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOTNTON BEACH, WIT~t A LA/{D USE INTENSITY OF 4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING ACCORDINGLY ;. PROVIDING THAT ALL DEVELOPMENT . OF SAID PROPERTY SHALL PROCEED IN~ STRICT COMPLIANCE WITH THE ~- DEVELOPMENT ~ PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH· FLORIDA; PROVIDING ' A CONFLICTS CLAUSE; A SEVERABIL~TY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.' AI, IENDIHG ~ OI~,DINAI~CE ~ HO'~79-24 ~ CITY BY At4EI~ING 'AiR LAHD USE EL~OF ~ ~ING ~g PROP~ ~: USE OF CERTAIN 2-75 ~i OF;~THE ~ CODE?~OF i% ORDINANCES PROViDE CODE ~ ENFORCEMEN_ T ~ ~.! BOARD ' · JURISDICTION ~ FOR CHAPTER,: 13, LTCENSES AMENDING CHAPTER 13 &~. ARTICLE I i SECTION ~ 13-19 TO~ PROVIDE,~THAT,~ENFORCEMENT i OF OCCUPATIONAL LICENSE ,INFRACTIONS CAN BE !PURSUED THROUGH .~ THE ~V CITY' S ' '~ CODE ~ EVERY OTHER PROVISION OF : ARTICLE V,~AND CHAPTER 13 'ARTICLE ~ ~C~PICALLY AMENDED HEREIN SHALL ItEMAIN i IN .~ULL ~ PONCE ~ AND EFFECT AS :, PREVIOUSLY ENACTED ~ PROVIDING A% CONFLICTS CT~USE~ 'PROVIDING ~ A~~ SEVERABIr'ITY CLAUSE~ PROVIDING'AUTHORITY TO CODIFY ~m~os~.s., PUBLISH~ POST NOVEMBER 19, 1988 CITY ........... *~ ~ ' OF BOYNTON BEACH BETTY ~CITY CLERK m Beach, each Co~ PROOF OF PUBLICA~ ';TATE OF FLORIDA' ~ ;OUNTY OF PALM BEACH Before the undersigned ,'ho on oath says that she/he is Class ,v. daily and Sunday new?aPe3' lorlda; that'the attach~'~ ordinal ~es November.~l ,988 :ach. in sald Palm Beach Cour~ on con tinuouslY published in said Palm BeachC ~. been entered as second class mail matter at'thee d Palm Beach C ...... ~ .~ '- ounty, Florida, for'a period of o blicafion of the attached Copy of adv~rtisembnt ; neither Paid nor promised any ~misslon or refund for the h said ews-~ fid MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 LEGAL A. ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 88-48 Re: Annexation - Citrus Glen City Attorney Rea read proposed Ordinance No. 88-48 on second and final reading by title only: '"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTy, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in opposition or in favor of the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to approve proposed Ordinance No. 88-48 on second and final reading, seconded by Commissioner Weiner. A roll call vote on the motion was taken by Betty Boroni, City Clerk: Commissiner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Aye Aye Aye Aye Aye Motion carried 5-0. -30- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 2. Proposed Ordinance No. 88-49 Re: An_nexation - Elementary School "P" CitY Attorney Rea read proposed Ordinance No. 88-49 on second and final reading by title only. "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved, seconded by Vice Mayor Hester, to approve Ordinance No. 88-49 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Commissioner Olenik Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. 3. Proposed Ordinance No. 88-50 Re: Annexation - Lawrence Lake City Attorney Rea read proposed Ordinance No. 88-50 on second and final reading by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANE- OUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of or in opposition to Ordinance No. 88-50. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Olenik moved the adOption of Ordinance No. 88-50 on second and final reading, seconded by Vice Mayor Hester. A roll call vote was taken by Mrs. Boroni: Commissioner Weiner Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 88-51 Re: Rezonin~ - Citrus Glen City Attorney Rea read the proposed ordinance on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM AR (AGRICULTURAL/ RESIDENTIAL) PALM BEACH COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF -32- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Commissioner Weiner moved to adopt Proposed Ordinance No. 88-51 on second and final reading. Vice Mayor Hester seconded the motion. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Mayor Marchese Vice Mayor Hester Commissioner Mann Commissioner Olenik Commissioner Weiner Aye Aye Aye Aye Aye Motion carried 5-0. 5. Proposed Ordinance No. 88-52 Re: Land Use Amendment - Citrus Glen City Attorney Rea read the proposed ordinance, on second and final reading, by title only: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." As no one wished to speak in favor of or in opposition to the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Hester moved to approve Proposed Ordinance No. 88-52 on second and final reading, seconded by Commissioner Weiner. A roll call vote was taken by Mrs. Boroni, as follows: -33- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1988 Vice Mayor Hester Commissi-ner Mann Commissioner Olenik Commissioner Weiner Mayor Marchese Aye Aye Aye Motion carried 5-0. 6. Proposed Ordinance No. 88-53 Re: Rezonin~ - Elementary School "P" City Attorney Rea read the proposed ordinance No. 88-53 on second and final reading, by title only: "~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RS/SE (SINGLE-FAMILY RESIDENTIAL WITH SPECIAL EXCEPTION FOR A PUBLIC ELEMENTARY SCHOOL) TO R1AA (SINGLE-FAMILY RESIDENTIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Marchese asked if anyone wished to speak in favor of or in opposition to the proposed Ordinance. There was no response, and THE PUBLIC HEARING WAS CLOSED. Commissioner Mann moved to approve Proposed Ordinance No. 88-53 on second and final reading. Motion was seconded by Commissioner Commissioner Olenik, and a roll call vote was taken by Mrs. Boroni, as follows: Commissiner Mann - Aye Commissioner Olenik - Aye Commissioner Weiner - Aye Mayor Marchese - Aye Vice Mayor Hester - Aye Motion carried 5-0. 7. Proposed Ordinance No. 88-54 - Elementary School "P" Re: Land Use Amendment City Attorney Rea read the proposed ordinance on second and final reading, by title only: DELETr N~ AUTHORIT? DATE AN ORDINANCE OF THE CITY COS~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~,IENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSI~f OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT DEVELOPMENT] CITY OF BOI~TON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBST;~TIAL CHANGE~ TO~ THE APPROVED MASTER PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN.THE NORTHWEST QUARTER (N'W 1/4) OF S~CTION EIGHTEEN TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-TH~EE (43] EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; ~,~ENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY<.~SHALL ~ PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED??'AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BO%~TON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILI?f CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CITY OF BOY~'I'ON ~EACH BETTY S. BORONI CITY CLERK PUBL!SHt POST SEPTEMBER 9, CC: INTEEI:< CITY MAXACER :<AYOR & CITY CO~'.~ISSION CiTY ATTORNEY jr~YCE COSTELAO CENTt~L F~LE 7I'Y ()F I'AI,M I),EACI{ j. j ~tollenbeck ,,ri' Iht' uEl({t,r~ig~lt'd flulh()ritY pt, rsolla]]Y a[)l)eIIted n ,,alh ~a>'~ dml )hr./he i~_-~lass · ~.l"l'he Palm Beach Ih,st. v ;md S.udav newspaper I'ublished at West Palm Beach in Palm Beach h~; Ihat the ~t lat'hed t'()I)v ~)l' advertising, being a ' Notice ler (,f .-. - ..... --- ..(h)urt. was published in said newspaper li;ml I'urlhcr sax'$ lhat Iht' sltid The l't,sl is a newsl)aPer I)ublisht'd at Wesl Palm s ,.,,.linu,,tMy I)ul,lidwd iu ~nid I'ahn Ih.ach C, u ~tv. FI.rid.. (I ,ilv .nd Sunday I':,lm }h.lsch ('()UlllV. I.'l,,rida f,,r a pcr},,d -f .m' vi.ar iw%l I)rt'ccdin~ Iht. e , ~0 T IC~- proceed THE PA[ Published City of Account MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 something the majority of the Commission felt should be brought to her attention. No sanctions are intended. IV. PUBLIC HEARING ae Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABAI~DONMENT: Request for the abandonment of an 80 ft. wide collector road (Citrus Glen Dr.) Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Rd. extended, southeast corner ABANDONMENT: Request for abandon- ment of 60 ft. wide local street (Citrus Avenue) DEVELOPMENT PLAN Be Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner SITE PLAN MODIFICATION: Request for approval of an amended site plan to allow for the expansion of the private security system A. Citrus Glen Planned Unit Development - Master Plan Modification - (Listed on Supplemental.Agenda) The Commission chose to address all four of these reques~ on Citru~ Glen, rather than discuss them separately at d' - ~e~l~I~?t~e~Ugp~e~h~x~~'both the Planning and Zoning BOard and staff recommend approval of the abandonment of Citrus Ave. The Planning Dept. recommends the Commission make a finding of no substantial change for the Master Plan modification and that this be forwarded to the Planning and Zoning Board for final resolution. 11 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 With regard to Citrus Glen Drive, staff recommends this road not be abandoned as it would be inconsistent with stated policy in the 1986 Comp. Plan Evaluation and Appraisal Report and would not be desirable from a public service standpoint, concerning the provision of emergency services. The Planning and Zoning Board has recommended this request be approved. Regarding the site plan modification for the expanded security system, approval is contingent upon the abandonment of Citrus Glen Drive, as the Subdivision Regulations prohi- bit guardhouses within public right-of-ways. The Planning and Zoning Board recommends approval of the site plan modi- fication. Mr. Golden stated if the Commission choses to approve these requests, it is recommended they be approved, subject to staff comments where necessary. Discussion took place. If the people in this community want a private street and it is allowable, Commissioner Hester could see nothing wrong with it. Commissioner Wische asked Mr. Golden about the Police and Fire Dept. access. He asked about a system being devised whereby they would not be impeded from getting into the road. Mr. Golden believed.the desire of those departments was to keep it open but they could live with a security system as long as-the system met the City's specifications. Interim City Manager Hunt commented there are currently two developments in the City that have one entrance with a security gate. The City has devised a set of criteria for the installation of such a gate that allows dispatch to have automatic control over it and it also allows for automatic opening of it during a power outage. Commissioner Weiner had no problem with the residents wanting a private road and security. She had hoped we could try to reach a compromise which would give them a private road and give the Police and Fire Depts. the access they . need. Mr. Delfin Menendez explained the Commission had previously rendered approval for another section of the project. The southern part of the project has been left without security. Mr. Felix Granados, Jr. General Partner of Citrus Glen wished to clarify a few facts. He made remarks about the history of the project and stated he has been trying from the beginning to provide security to Citrus Glen. He explained the reasons why the residents need the private MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 seconded the motion and a roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Hester - Aye Commissioner Weiner - Nay Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Motion carried 4-1. Proposed Ordinance No. 89-29 Re: Amending the Charter Article IV Administration, Section 49 City Attorney Rea read Proposed Ordinance No. 89-29 on second and final reading by title only. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYN- TON BEACH, FLORIDA, AMENDING THE CHARTER OF SAID CITY, ARTICLE IV ADMINISTRATION, SECTION 49. GENERAL PROVISIONS.; TO PROVIDE THAT THE CITY MANAGER SHALL WORK AT THE PLEASURE OF THE CITY COMMISSION; BY AMENDING PROVISIONS DEALING WITH INTERFERENCE WITH SAID ADMINISTRATION; BY DELETING PROVISIONS IMPOSING PENALTIES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. As there was no one in the audience who wished to speak in favor of ox in opposition to this matter, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve Proposed Ordinance No. 89-29 on second and final reading. Commissioner Wische seconded the motion and a roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Weiner - Nay Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Aye Commissioner Hester - Aye Motion carried 4-1. e Proposed Ordinance No. 89-30 Re: Citrus Park PUD Rezonin~ City Attorney Rea read Proposed Ordinance No. 89-30 on second and final reading by title only. 23 . MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ~OYNTON BEACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT .PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Moore asked if there was any input from the public. Attorney Roger Saberson addressed the Commission and stated the Ordinance incorporates by reference the staff comments. Some of the staff comments are directed toward public rights-of-way. There is also a comment about access between Citrus Glen and Citrus Park and not limiting it to emergency access. He suggested either that certain of those comments be deleted or that additional language be added at the conclusion of Section 3. Mr. Saberson suggested incorporation of the following language in Section 3, starting at the second line: "...a Planned Unit Development (PUD) as set forth in the application specifically in accordance with staff comments attached hereto as Exhibit A, however, not withstanding any staff comments to the contrary, the following shall apply to this project: 1. Private streets are hereby approved. 2. The only access required between this project and Citrus Glen is via a 20' emergency access easement." City Attorney Rea stated it would be no problem to incor- porate this language. As there was no one else in the audience who wished to speak in favor of or in opposition to this matter, THE PUBLIC HEARING-WAS CLOSED. 24 ~ MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1989 Commissioner Wische moved to approve Proposed Ordinance No. 89-30 on second and final reading. Commissioner Hester seconded the ~otion. Vice Mayor Olenik noted the reason he would be voting against this Ordinance is because of the elimination of the public park which he feels is needed in that area. A roll call vote was taken by Betty Boroni, City Clerk, as follows: Commissioner Wische - Aye Mayor Moore - Aye Vice Mayor Olenik - Nay Commissioner Hester - Aye Commissioner Weiner - Nay Motion carried 3-2. B. Ordinances - 1st Readinq~ None· C. Resolutions Proposed Resolution No. 89-SS Re: Cable Communications Act City Attorney Rea read Proposed Resolution No. 89-SS by title only. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, URGING THE CONGRESS OF THE UNITED STATES TO REVIEW THE CABLE COMMUNICATION POLICY ACT OF 1984, AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATORY AUTHORITY. Commissioner Hester moved to approve Resolution No. 89-SS. Commissioner Weiner second the motion which carried 5-0. Commissioner Weiner requested that this Resolution be for' warded to Congressman Harry Johnston and Senator Howard Metzenbaum who heads up the Committee on this proposal. The Mayor asked the City Clerk to take care of that. Proposed ResOlution No. 89-TT Re: Reverend Joseph Dye City Attorney Rea read Proposed Resolution No. 89-TT in its entirety. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RECOGNIZING THE POSITIVE IMPACT 25