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Minutes 03-17-87MHNUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 17, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Ralph Marchese, Councilman Ezell Hester, Councilman Dee Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond Rea, City Attorney Mayor Cassandra called the meeting to order at 7:32 P. M. The invocation was given by Rev. Joseph Dye, Boynton Beach Congregational United Church of Christ, followed by the Pledge of Allegiance to the Flag led by Councilman Hester. AGENDA APPROVAL ity Manager Cheney deleted the following from the "CONSENT ENDA": "B. Bids", item 7 was deleted and put under "BIDS" for discussion. "D. Development Plans", items 1 and 2 were eleted and became "D" and "E" under "DEVELOPMENT PLANS" on he regular agenda. At the request of the Purchasing Agent, item 2 under "B, Bids" was deleted. City Manager Cheney wished to discuss item "L" on the "CONSENT AGENDA". Under "DEVELOPMENT PLANS", Mayor Cassandra added "F. Ques- tions on WXEL". He wished to raise questions concerning ~ems 4 and 5 under "B, Bids" on the "CONSENT AGENDA". Mayor Cassandra announced that it was requested that ~28 u~der "M. Approval of Bills" under the "CONSENT AGENDA" be removed for discussion. Under "LEGAL, D, Other," Councilwoman Zibelli added "2. R~port of Update of the Rental Law." Councilman Hester moved to approve the agenda with the cprrections. Councilman Marchese seconded the motion, aid the motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra read the following Announcements: 1. Run Off Election, March 24, 1987 Mayor Cassandra said there will be a run off between candidates for the Mayor's slot, Districts 1 and 3. The - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 citizens are to vote for one person in each, no matter where they live. Next City Council Meeting will be for the purpose of swearing in Mayor, two Commissioners, and appointing Vice Mayor - ThurSday, March 26, 1987, 7:30 P. M. Vice Mayor Zimmerman wondered if there would be a meeting on Wednesday, March 25, 1987 to verify the election results. After discussion, it was decided to have this meeting at 7:30 P. M. on that date. Proclamation - Arbor Month, April, 1987 - Arbor Day, April 10, 1987 Mayor Cassandra read the Proclamation. CITY MANAGER"S REPORT Day Care Center City Manager Cheney thought, through Boynton Beach Child Care, Inc., the City made contact with Smith-Obst Associates, Architects, West Palm Beach, who are interested and anxious to provide services to design the Day Care Center. He talked to Emily Obst yesterday, and the firm has designed day care centers and has been around Palm Beach County for a long time. City Manager Cheney was confident that by the next meeting he can report to the Council with a signed contract between the Child Care Board and the Architect, and the project will be underway. When Mayor Cassandra was there a couple of weeks ago, he observed that teachers and volunteers were cleaning the floors. He also heard they lost their driver. Mayor Cassandra wondered if the City's maintenance people could maintain the Day Care Center. City Manager Cheney replied that the City could look at it, but he did not know why the County, which is funding Head Start, is not able to maintain the Day Care Center. City Manager Cheney added that when Mayor Cassandra was there, there had been a recent inspection of the building, and it has been totally in compliance. It happens on a regular basis. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Request by Wilda Searcy that the City Place Property Up For Public Bid City Manager Cheney said this property is near Mrs. Searcy's house. At the time Mrs. Searcy requested this, the City indicated that an appraisal would be made. The appraisal was made, and the City will be writing a document to put the property up for public bid in the next couple of weeks. It will be advertised and made available for purchase by anyone who wants to bid on it. ~ign Advisory Committee (SAC) City Manager Cheney thought the last meeting of this Committee was held last night. They met for six or seven ~onths and asked him to rewrite and do research on one or two things. That document will be sent to %he City Staff for review. City Manager Cheney proposed tO send it to the Community Appearance Board (CAB) and the DoWntown Review Board (DRB) since they get informed. The document prepared by SAC will probably come to the City Council in April. Mayor Cassandra recommended that a copy also be sent to the Chamber of Commerce. General Public Meeting on Status of Interchange for the Florida Turnpike, Thursday, March 26, 1987 at 10:00 A. M. City Manager Cheney emphasized that this will not be a public hearing but will be a public meeting held in the Council Chambers. The meeting will be for the Turnpike Authority, the Department of Transportation, and Engineers to make s~veral proposals as to how the turnpike configuration might look and to get some input and talk about the status of it. Within six or eight weeks, there will be a formal, public hearing. Series of Meetings for Environmental Impact Report for Interchange at N. W. 22nd Avenue and 1-95~ April 2, 1987 OD April 2, 1987, City Manager Cheney said there will be a series of meetings from, he thought, 4:00 P. M. until 9:00 P_ M. for an environmental impact report for the interchange at N. W. 22nd Avenue and 1-95. G.A.L.A. City Manager Cheney reported that G.A.L.A. was very success- fD1. He asked that everyone think about a location for G_A.L.A. next year. The City must move to another location and does not want to drop G.A.L.A. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Report on Alternatives for Temporary City Hall Relocation and Mayor and City Council Selection of Location City Manager Cheney said this would pertain to the activities that take place in the City Hall building and the small Personnel and Purchasing office building behind City Hall. The City has been talking about this for some time, and two reports were before the Council. The Council had seen one report before. The new report was developed after a tour of both locations. City Manager Cheney said they attempted to identify the arguments for moving, the direct out of pocket costs of staying here, or the relocation of maintenance and support facilities for this building, and the major impact on the likely bid cost of ~e construction and renovation if the City can give this block to the contractor all at one time, not be in the building while he works, and not have the liability problems. City Manager Cheney continued that there would be a longer term of construction if people were still in the building and the contractor could not do everything at one time, in addition to non-measurable items such as the parking situation; liability questions; the likelihood that for a period of time, there would be no heating and air condition- ing; and the problems of noise, like taking up the.~stairway. The City Staff strongly recommended that City Hall employees move out of this location. City Manager Cheney said they will be occupying the new building east of City Hall, will continue to occupy the Police Station while it is being added on to, and will continue to occupy the Fire Station. The second floor of the Building Department will be built while employees are occupying the building. The Council looked at Pineland Plaza on Federal Highway and the Congress Center Building on Congress Avenue. The report from City Manager Cheney, dated March 17th, summarized those locations, and City Manager Cheney hoped the Council would make a decision tonight. He anticipated a move in June or July, and he informed the public that offices will be set up, and the City will operate as it does here. There will be a new Council Chamber in either place and a conference room. City Manager Cheney elaborated. Mayor Cassandra wondered if the two applicants considered a reduction in their rates or whether they would discuss that - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 if they are picked. City Manager Cheney answered that there had not been a desire to reduce the rates. Mayor Cassandra questioned whether there was a change in the dollars and cents it would cost the City, and asked if it would cost $400,000 for 15 months~in the tangible area. City Manager Cheney replied that the report indicated that they thought to stay here would cost about $172,000. That was $52,000 ("a" through "h" on the first page of the report), plus the added cost to the contractor if the employees stay. The cost to go elsewhere is $143,000 for 18 months, and the cost of relocation was estimated to be between $18,600 and $10,750. The $143,000 includes the addi- tional 1,380 feet for the bigger first floor conference room at Pineland Plaza. Mayor Cassandra thought the audience should know that the City Staff and City Manager Cheney considered the Civic Center and made an analysis of the inconvenience. City Manager Cheney advised that all of the activities that take place at the Civic Center would be "knocked out", and it really is not big enough. They were talking about 7,000 or 8,000 square feet of space. Reverend Joseph Dye, Boynton Beach Congregational United Church, 115 North Federal Highway, said the Church has always appreciated having the City government as one of its neighbors and hoped the City would see fit to stay in the dOwntown area. As he watched the campaign during the last few weeks, Reverend Dye observed the Council had a lot of concern about the downtown. Reverend Dye sits on the Downtown Development Committee of the Chamber of Commerce, and he thought the presence of the City in the downtown area would send a message that would say the Mayor and Council are concerned about the revitali- zation of the downtown area. Michael Cain, 632 Las Palmas, was speaking for the downtown, and he explained. He thought the Council had the opportunity to go down in history as the group of people to "spark plug" the downtown. After elaborating, Mr. Cain said Pineland Plaza was his choice. As Chairman of the Chamber's Downtown Development Committee, he urged the Council to take the City government downtown and not lose everything to the west. Simon Ryder, 2379 S. W. 13th Avenue, lives one block east of Congress Avenue and the same distance from the one proposed - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 on Congress Avenue. Presently, particularly now during the season, getting in and out of Congress Avenue is a problem. Mr. Ryder gets reports from the Boynton Beach Boulevard Task Force (the group starting improvements to the roads within the City and adjacent to the City). At their meeting on March 9, 1987, they discussed the status of the widening of Congress Avenue from Boynton Beach Boulevard going south to Lake Ida Road. They expect to take bids in July, and the plans provide for a four lane project with an ultimate of going to six lanes. It is anticipated that construction will begin in September, 1987, which Mr. Ryder said meant it will be close to the time the City employees would be moving out of City Hall and into their new headquarters. It will Probably take 1½ years, which will be about the time they will be in the new head- quarters. The widening will take place entirely on the westerly side, which is adjacent to the proposed building on Congress Avenue. Presently, there are no adequate provisions for left turns into the building, but you can enter the building by way of Congress Boulevard, and there is an entrance on Congress Avenue. After explaining, Mr. Ryder stated that they definitely would need a traffic light at Congress Avenue and Congress Boule- vard. It seemed to him Congress Avenue was probably the worst place they could consider. Mayor Cassandra said the Council was aware of that. There were further comments. For the benefit of the employees, Councilman Marchese felt the downtown site was the better choice, and he expounded. Moving out is imperative, as people just cannot work in an area under construction. Councilman Marchese strongly recommended that the Council pick the site on U. S. 1 and move the people out of City Hall as fast as they can. In the long run, the City will save money. After looking at both places and studying the proposals for each, Councilman Hester thought Pineland Plaza would be' the best location. He believed traffic was the 91 issue. He was also in favor of the downtown location because of the downtown redevelopment. Vice Mayor Zimmerman thought all of the eloquent speakers tonight were on the right track. Councilwoman Zibelli congratulated City Manager Cheney and his staff on the informative package. She thought they - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 should show their support for the downtown area and realize they cannot keep the City employees here. Also, it would put an excess burden on Congress Avenue. Councilwoman Zibelli expounded. Mayor Cassandra asked everyone to remember that this City has an east, west, north and south, and Congress Avenue is still part of the City, as well as the downtown is. Both buildings are excellent choices. Traffic impact was the biggest concern. Councilman Hester moved to accept the City Manager's ~eport and to negotiate with Pineland Plaza for the reloca- tion of City Hall. City Manager Cheney thanked the representatives of both companies for being there. He informed Councilwoman Zibelli that the report was done by a lot of people, but, primarily, it was coordinated and written by Assistant City Manager George Hunt. James P. Smith, General Partner in Congress Center, thanked the Council for considering them. PUBLIC AUDIENCE Mayor Cassandra announced that those people wishing to speak on an item not on the agenda could do so now. If they wanted to speak on an item that was on the agenda, they should fill out one of the forms in the back of the room, and they would be called when that item comes up. Railroad and Canal C-16 lda Searcy, 402 N. E. 13th Avenue, informed the Council at on Sunday, March 15th, the Police arrested and booked ~o men, who were fishing from the railroad for trespass- lng. In 1983, she had a problem at the same place. People fish there, and Mrs. Searcy said she has asked the City to help do something with the Canal so the people can fish. The men must go to Court on April 1st on Congress Avenue in Delray Beach. Mrs. Searcy talked to the Sergeant in charge at that time, and he said there was nothing he could do but book the men. She wanted the Council to help the two men. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 When they were building the pipe there, Mrs. Searcy asked if they would make a catwalk so people could use the canal and fish. Vice Mayor Zimmerman asked whose property it was. City Manager Cheney replied that if they were fishing off of the railroad bridge, it was the railroad's property. The property on both sides is owned by South Florida Water Management. Vice Mayor Zimmerman commented that the City does not have much to say if they do not own the property. He understood the two men were trespassing on railroad Property. The City cannot make it convenient for the people when they do not own the property. When a person is booked, City Manager Cheney said the Court system takes care of it. The City does not do anything about that. When a ticket is given, that is it. East of Federal Highway, Mrs. Searcy said it is private, so they cannot fish. There are "No Trespassing" signs there too, and that also belongs to the South Florida Water Management District. Mrs. Searcy stated it was not right and needed to be pursued. She is going to Court with the men and thought the City should also go to Court with them. Councilman Hester agreed with City Manager Cheney that it was not in the City's purview to interfere with the law. He asked if there was any way for the City to intervene. Councilman Hester said Mrs. Searcy wanted to know if the City could make it possible for people to fish in that area. There was discussion. C~ty Manager Cheney stated that there is no question that t~e Florida East Coast Railway (FEC) is going to enforce t~espassing on their right-of-way. They do not want people hw~oaO walk and fish on their rights-of-way and bridges. City nager Cheney said the men were on the bridge. If they d been on the bank of the canal, he did not think there uld have been a problem. City Manager Cheney said the City discussed this with South Florida Water Management when Mrs. Searcy talked about it a couple of years ago. They had not been able to set aside funds to improve this canal other than for fishing from the bank. Mrs. Searcy stated that she would not stop with it here, because it was not fair; the water was there, and the Federal Government runs all of that. AD no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of March 3, 1987 2. Special City Council Meeting Minutes of March 11, 1987 B. Bids - Recommend Approval - All expenditures are approved in the 1986-87 Adopted Budget 1. One (1) new 1987 Industrial Rubber Tired Diesel Tractor/Loader - Public Works (Deleted at March 3, 1987 Meetinq) The Tabulation Committee recommended awarding the bid to Trail Ford Tractor Company, Lake Worth, Florida, in the amount of $18,959. 2. One (1) tractor power unit Model V-440 - Utilities (Deleted at March 3, 1987 Meeting) Upon the request of the Purchasing Agent, this item was DELETED. See page 1 of these minutes. 3. 20 Tons of Bulk Fertilizer for Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to W. R. Grace & Company, Ft. Pierce, Florida, in the amount of $5,505.20. 4. Pump, Motor and Appurtences for Well 98 - Utilities The Tabulation Committee recommended awarding the bid to C. Thomas Ahrens, Inc., Tampa, Florida, in the amount of $2,449.69. 5. One (1) Recording Resusci Anne Laerdal Model #427200 - Fire Dept. The Tabulation Committee recommended awarding the bid to Armstrong Medical Industries, Northbrook, Illinois, in the amount of $1,173.00. 6. One (1) Laerdal 72 Cardiac Rhythm Simulator Model #427018 - Fire Dept. The Tabulation Committee recommended awarding the bid to Dixie U.S.A., Houston, Texas, in the amount of $1,149.82. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 The Remarciting of a City Owned Swimming Pool - Recreation This item was DELETED from the Consent Agenda. See pages 1 and 31. C. Resolutions 1. Proposed Resolution No. 87-0 Re: Authorization to execute Quit Claim Deed conveying property to Boynton West Corporation "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN QUIT-CLAIM DEED CONVEYING PROPERTY TO BOYNTON WEST CORPORATION, A COPY OF SAID DEED BEING ATTACHED HERETO AS EXHIBIT 1; PROVIDING AN EFFECTIVE DATE; AMD FOR OTHER PURPOSES" D. Development Plans Items 1 and 2 were deleted from the Consent Agenda. pages 23 through 25 of these minutes. See 3. Consider request submitted by Bernard Kelly, Agent for Manor Care, Inc., for approval of an amended site plan to allow for the addition of ten parking spaces on South Congress Avenue at Charter Drive, northwest corner Mayor Cassandra saw nothing about landscaping, and the appli- cants want an addition to a parking lot, which will go up to Charter Drive. The City has a median there that is well landscaped. Mayor Cassandra wanted to know how the appli- cant would landscape their parking lot to complement what the City has there already. Carmen Annunziato, Director of Planning, replied that they have to have a five foot land- scaping barrier between the right-of-way line and the paved pgrtion of the parking. In the fi.~e foot space, the appli- cants must have one 36 inch high hedge every 24 inches, and one tree every 40 feet. City Manager Cheney added that it is in the Code, and the applicants will meet the Code. 4. Consider request submitted by Jeff Hopper/Don Elliot, Agents for Lennar, Inc., for approval to amend a site plan to allow for screened porches to be added to existing homes in Plats 3, 3B and 3C in Boynton Lakes, located on the east side of North Congress Avenue, south of Hypoluxo Road CQdes Enforcement has been citing people because they have built screened porch areas. Mayor Cassandra asked if that was this particular development. Mr. Annunziato answered, "In part." MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Mayor Cassandra wondered if the City was saying those people that were cited were now grandfathered in or if they would have to go back before the Codes Enforcement Board. Mr. Annunziato thought they had to go back before the Codes ~nforcement Board. Even if everything looks to be correct, they would still have to apply for a building permit and inspections would have to occur. Mr. Annunziato explained and added that there would be no automatic grandfathering in. Mayor Cassandra asked if it would be advantageous for the Council to recommend that the Codes Enforcement Board be lenient with those people. City Manager Cheney recommended that the Council not do that. It seemed hard to Mayor Cassandra that they were penalizing seven people and were now approving all of the other people. City Manager Cheney ~aid the Codes Enforcement Board has been quite reasonable an these kinds of Catch 22 things, but if the Council makes a recommendation, he thought there would be a time when they would get in a box and wish they had not started that process. Councilwoman Zibelli said the people were told by the sales- man that they could do this. Vice Mayor Zimmerman stated that they were still in violation. City Manager Cheney said all of those problems of site plans not identifying patio areas are being resolved over time now, but the people did construct patio areas without getting permits. E. List of Payments - Month of February, 1987 See list attached. F. Approve Comprehensive Annual Financial Report (Audit) dated September 30, 1986 for FY 86/87 G. Approve payment for Panasonic Video Color Camera Repair By memo dated March 17, City Manager Cheney recommended the payment of $1,851.10 for these repairs. Approve authorization to dispose of records - City Clerk's Office Betty Boroni, City Clerk, in Memo No. 79, dated March 9, Form 107, Nos. 102 and 110, asked for this approval. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 I. Consider request submitted by Mr. David E. Mackey III, Owner-Contractor of Mackey Construction, for placement of a construction trailer in conjunction with the construc- tion of a warehouse, "Hi Tech Centre", located at Lawson Industrial Park, 1499 S. W. 30th Avenue The Building Department recommended approval of this request. The trailer will be used for construction purposes only and will be removed upon completion of the project. J. Consider request for a time extension for filing final plat - Las Palmas Landing (north of Shooters & west of Intracoastal) The Technical Review Board recommended the time extension to May 30, 1987, subject to the comments listed in the memo from Tom Clark, City Engineer, to City Manager Cheney, dated March 11, 1987. K. Approve Interlibrary Cooperation and Resource Sharing Grant Agreement between the State of Florida Division of Library and Information Services and the City of Boynton Beach Virginia Farace, Library Director, by memo dated March 13, 1987, asked that this be approved. L. This item was pulled from the Consent Agenda for discussion. See page 15 of these minutes. M. Approval of Bills 928 was pulled from the Consent Agenda for discussion. See page 17 of these minutes. Councilman Hester moved to approve the Consent Agenda, items A, 1, 2; B, 1, 3, 4, 5, 6; C, 1; D, 3, 4; E; F; G; H; I; J; K; and M, minus item 28. The motion was seconded by Councilwoman Zibelli and carried 5-0. D. Development Plans 5. Consider request submitted by Doug Long, owner of the Mega-Mini Self Storage, for approval to amend the site plan to allow for the addition of two new storage buildings consisting of 18,053 square feet of floor space located east of South Congress Avenue between the LWDD L-28 Canal and S. W. 30th Avenue - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Mayor Cassandra was not in favor of this because of the landscaping of the present buildings, which face Golfview Harbour at the canal. He took exception to reading signs when he looks across the canal. Mayor Cassandra tried to ask at that time if the applicant could improve the landscap- ing so Golfview Harbour people would not see the building. He gathered nothing had been done and wondered if that was put into this approval. Mr. Annunziato was not aware of it. David Zelch, Zelch and McMahon Architects, Fort Lauderdale, Florida, came forward. Mayor Cassandra informed him the buildings are opposite R-1AA residential homes, and he wanted to know if those buildings could be blocked out. Mr. Zelch recalled that they were before the Council three or four months ago, and said the drawings are still not complete. This was for the one story addition. Mr. Doug Long, who owns the property, had informed Mr. Zelch that some of the trees had died in that area Mr. Long spoke to Mr. Zelch about it last evening, and Mr. Long intends to replace those trees when he starts the construc- tion of these two buildings and does the new landscaping package. No landscaping was involved with the building that was approved three or four months ago. Mayor Cassandra asked if they were going to landscape the five or six buildings that are there now. Mr. Zelch replied that trees are there now, but some of them have died. Mayor Cassandra gathered that Mr. Zelch was reconfirming that he would landscape those that died from the old building to the new building. Mr. Zelch answered affirmatively and added that they have another 40 or 50 feet of additional land- scaping. They are putting in three additional trees. Mayor Cassandra asked whether they would fall under the new Landscaping Code or if they are grandfathered in the old Code. Mr. Annunziato replied that the previous buildings were approved under the current Landscaping Code, but he did not think there was anything to prevent the Council from requiring additional landscaping. Mayor Cassandra commented that they did not have anything buffering an M-1 zone from an R-1AA. A nice landscape buffering would definitely be acceptable. Mayor Cassandra was not receptive to this applicant without better land- scaping buffering out the M-1 he sees. Mr. Zelch asked that Mayor Cassandra state a request and make it part of the approval. Mayor Cassandra asked if Mr. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Zelch could commit to that request, as Mr. Long was not present. City Manager Cheney suspected that if they accepted a commit- ment without a drawing with it clearly marked on the plan, they will not get a commitment for the different landscaping that Mayor Cassandra and the people in Golfview Harbour were talking about and what Mr. Long was going to let his Architect do. If they wanted to address this issue, he suggested they table it until they got a revised landscape plan they could look at, because he was afraid there could be some misunderstanding. Mr. Zelch reiterated that Mr. Long spoke to him at the CAB meeting last night and had no problem with adding additional landscaping. Mr. Zelch was not involved in the original landscaping of the north side of the buildings. However, he was quite sure Mr. Long would increase or go beyond the minimum requirements of the City regarding the spacing of trees in that area, and Mr. Zelch committed to that. Councilman Marchese thought City Manager Cheney was right, and the applicant should submit drawings which would indicate precisely what they intend to do as far as land- scaping is concerned. Councilman Hester asked if a plan was submitted with the application. Mr. Zelch answered affirmatively. City Manager Cheney explained that the plan had minimal landscap- ing. Mr. Zelch understood they were to submit landscape plans for this new submission. He said what is existing is existing, and they did not have to indicate what is there. M~. Zelch stated that he went there, saw the trees, and has photographs of them. He admitted that some of the trees are dying or are dead, and added that Mr. Long said he would replace them. Mr. Zelch thought they were in order as far as what was submitted. Additional trees and sod are being added to the site. Vice Mayor Zimmerman moved to TABLE this matter until it is resolved with the Planning Department to the satisfaction of the buffering that is necessary. Councilman Hester seconded the motion. City Manager Cheney advised that it was not a matter of satisfying the Planning Department but a matter of the applicant putting what they will do on a site plan and bringing it in. Mayor Cassandra commented that he would be more comfortable with that, and he explained. The motion was then to TABLE this matter until a site plan detailing - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 the landscaping of that area is done. 5-0. The motion carried Mr. Zelch wondered if they should talk to Mayor Cassandra first, before submitting their plan. Mayor Cassandra did not want to give that impression and explained that he lives in Golfview Harbour. Their Homeowners Association meets the first Wednesday of every month at S. W. 27th Avenue and S. W. 14th Street, and he said Mr. Zelch could go to the meeting and address that Association. L. Approve Change Order for analysis and additional develop- ment of two test production wells ~ity Manager Cheney said the City is now doing two demonstra- tions of test production wells in a new well field west of Military Trail. They did the first well, which they called 12-W. They went down 160 feet with the bottom 30 feet being  n open hole construction. City Manager Cheney stated that t is a complicated well. t one time, the City thought they would get 1,000,000 allons a day out of the well. Then they worried about only etting 600,000 gallons because of the impact of that well nd all the wells on surrounding lakes in the various sub- divisions in that area. ity Manager Cheney said experimenting and testing on the irst well has shown that the City may very easily get ,000,000 gallons a day out of that well and have no negative ffect. That is because John Guidry, Director of Utilities, nd the Engineers discovered that in the area of 130 to 160 eet the water flows back and forth so easily, that as they ake water out, more water comes in, so you do not get water oing from the surface on down to fill the void. ity Manager Cheney explained that the change is for some dditional testing or developing of the existing first well or a longer period of time. It started this morning, and t will go for 72 hours straight through. Now they will ake the second well down the additional 30 feet and asically construct it the same as the first well and see f the second well ends up producing the same relative uantity of water, so they will be sure what they found in the first well (which is 800 feet away from the second well) is not some unique situation. If they find the same situation in the second well, City t~nager Cheney said they will have learned something about e water supply out there, which will tell them what to do with the next 8, 9, or 10 wells the City already has the land for. He added that the development of that well has shown that there is virtually no sand coming in. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Mayor Cassandra referred to the development of test wells towards the reverse osmosis concept and questioned whether the City was taking a step back in its time by doing this type of consideration. Mr. Guidry answered, "Not at all." In fact, he said the philosophy they were proposing would wind up with three wells out of one well, as opposed to having to go for 12 or 14 wells in that general neighborhood. Aquifer systems can probably achieve the same thing on six or eight. However, Mr. Guidry said the City has already invested in the property, and they propose to go ahead and construct those wells. Those wells will be "water in the bank, so to speak" for the year 2000 and beyond. Mayor Cassandra asked when they would start the reverse osmosis (r/o). Mr. Guidry replied, "May 15." With no sand coming into the water, City Manager Cheney said it is a great help in the r/o process. Councilman Marchese moved to approve the Change Order for $25,979.50 on the test production wells program. Council- man Hester seconded the motion, and the motion carried 5-0. M. Approval of Bills - Discussion regarding Bill 928 - James W. Vance, P.A. $4,390.04 City Attorney Rea clarified that he did not have anything specifically related to this particular bill. The City is still, in many respects, suffering a transition period from when the former City Attorney left and City Attorney Rea took over the reins. City Attorney Rea stated that he has been here for approximately three plus months. City Attorney Rea reported that a dispute has developed with regard to whose files are the files that have been generated for the last seven years. Former City Attorney Vance is of the opinion they are his files, which has been an idea that has been fostered in private legal settings. City Attorney Rea was under the opinion that these files, not only including the litigation files but general research files, etc., are actually public records that the City has an obligation to maintain at one central location under the Public Records Laws. In about 3½ months, the City has received primarily, as a courtesy from Former City Attorney Vance, about a dozen or . , so dead litigation files Also a number of questions have already been addressed and researched over the years. Because of the inability to have the information in-house, Attorney Rea has had to go out many times and redo the work. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 City Attorney Rea wanted authorization from the Council to make a demand for these records from Former City Attorney Vance, pursuant to the Public Records Law, in that he believed the City was the custodian of these records; they are in fact public records and necessary. If necessary, City Attorney Rea wanted to bring action through the Court if the City did not get those records. Mayor Cassandra asked why City Attorney Rea wanted him to pull out this bill. City Attorney Rea answered that it was just so he would have the opportunity to discuss this. Mayor Cassandra informed City Attorney Rea that he would have put him on the agenda. City Attorney Rea pointed out that the City has the opportunity of not paying the bill if there is a dispute, but he thought, in many respects, that was not necessarily the most appropriate way to go. City Attorney Rea advised that the City is also receiving some bills going back to 1985 and 1986, but there are no problems as to what they relate to. Vice Mayor Zimmerman asked if City Attorney Rea knew of any specific reason why the City's Former Attorney would want to maintain these files. He wondered if Former City Attorney Vance would need them. In a private law practice, if he represented a client, City Attorney Rea said the Florida Bar has always taken the attitude that the legal files are the files of the Attorney and not of the client. However, in a public setting, the interpretation is somewhat different. If City Attorney Rea goes into Court asking for an attorney's record after a litigation is over, those items are public record, and the attorney has the obligation to provide them to the City. In private practice for private clients, the attitude of attorneys is that they are their files, and the clients are going to pay for them. It is a different perspective and a different public policy decision when you deal with a public client. Vice Mayor Zimmerman could see why the City would need them, but he wondered why the Former City Attorney would need them. City Attorney Rea thought Former City Attorney Vance considered them as his own work product. There was further discussion. City Attorney Rea said Former City Attorney Vance is provid- ing the records to the City on a semi-regular basis, but City Attorney Rea was under the impression the City should have them now. Maybe his interpretation of the law was incorrect, but he wanted to find out. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Motion To Pay Bill Councilwoman Zibelli moved to approve the payment of the bill from James W. Vance, P. A. in the amount of $4,390.04. Councilman Marchese seconded the motion, and the motion carried 5-0. Discussion About Action to be Taken Mayor Cassandra recalled Former City Attorney Vance said he would be glad to transmit all of the papers, and he did not know why it was such a slow process. Councilwoman Zibelli moved that City Attorney Rea make the request to obtain the City's records and demand them. Councilman Marchese seconded the motion. Primarily, City Attorney Rea said the City Clerk is the City's official custodian of the public records. He stated that he would make a request in the name of the City Clerk. The motion was changed to read that the City Attorney will make the request for the City Clerk to get the City's records. The motion carried 5-0. THE COUNCIL TOOK A BREAK AT 8:45 P. M. resumed at 8:50 P. M. The meeting PUBLIC HEARING None. DEVELOPMENT PLANS A. Approve Water Service Agreement - Chris Evert-Lloyd/ Wilson B. Greaton, Jr. Parcel - (Southeast corner of Hypoluxo Road and Military Trail ......... TABLED Councilwoman Zibelli moved, seconded by Vice Mayor Zimmerman, to take this item from the table. Motion carried 5-0. This past week, Mr. Annunziato said he and the'City Attorney met with Kieran Kilday, Landscape Architect, Kilday & ASsociates, 1551 Forum Place, West Palm Beach, and concluded that the existing Water Service Agreement has validity as it rplates to the current site plan. The site plan previously approved was not descriptive enought to preclude the mix of land uses currently being requested. Mr. Annunziato t~ought that meant the applicants could go with what they had to the County and seek a special exception. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 If there is a desire to continue, Mr. Annunziato said that would put the City in a posture of appearing at public hear- ings before the County Planning Board and the County Commission sitting as a Zoning Board. He thought that would be the City's only avenue for potential relief. Mayor Cassandra said the concern City Manager Cheney had was about the mixture of development on this land, even ~hough it will be outside of the City. Mayor Cassandra thought the City should have concern about what goes on around it. Mayor Cassandra asked if Mr. Annunziato was saying the ~ouncil could renege on that Water Agreement. Under the prior agreement that the City entered into, City Attorney Rea said there was no type of contingency or approval pro- vided to the City for any type of site plan. What the City did was indicate that if the applicant wanted water, the City would provide it, regardless of the quantity. City Attorney Rea stated that there was no contingency or any type of provision in the contract to allow for modifica- tion of a site plan. In fact, they do not contract for a articular site plan but contract for a service to a parcel of land only. Under the old contract, if the owner of the parcel of land should change time and time again, the City would still be bound by the old contract. Mr. Annunziato interjected that the City's current procedures are much tighter. Mayor Cassandra thought that the City said in the minutes (which were before City Attorney Rea's time) that the City wanted a site plan approval before it would issue any water. Mr. Annunziato responded that the ontract was signed before the City had those procedures. e recollected that there was one more potential alternative. he applicant had to go back to the County Commission for an extension of their permit. ity Attorney Rea said Mr. Annunziato was talking about the ealth Department being concerned about the agreement being more than one year old. Mr. Annunziato said there is a potential there for perhaps dealing administratively with the Health Department on the extension of that permit. City Attorney Rea advised that was difficult. If they wanted to litigate the problem, one of the conditional p~oblems with the way the original contract was drawn up was that there is a provision that specifically states that any k~nd of oral representation for modifications will not be binding unless specifically provided for in writing in the c~ntract Any type of requirements, as far as site plan approval[ even if made orally, are not binding. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 City Attorney Rea informed Mayor Cassandra that the appli- Cant could change the site plan four more times and could Change ownership ten more times. City Manager Cheney ~dded, "as long as they do not exceed the utility services." ~hey have not exceeded the Utility Department's requirements ~ut have gone to less. Nice Mayor Zimmerman wondered why the applicants were asking ~or a new contract When they were saying the present COntract is OK. Mr, Annunziato replied that he thought it ~as more of a consideration to the City that by going to the few plan, they were meeting more current Codes for landscap- ing, etc. and advising the City that there was a change. Ee did not think there was any obligation on the part of the applicant to come to the City. It was a courtesy. ~ice Mayor Zimmerman asked why the City should negotiate a ~ew contract. Mr. Annunziato did not think the City had to. ~hey have the existing contract, and that is it. City Attorney Rea advised that the City was in the position of ~here they had to approve the contract. However, the City Could go to the County. ity Manager Cheney pointed out that the applicant asked the ity to sign a new Water Service Agreement, which would be he City's new agreement. If the City authorizes this to be igned, he wondered if they would not be tying this site lan into the agreement so they cannot make it worse. After iscussion, City Manager Cheney advised that the applicants ad signed the new agreement. £ cants would not object. the motion carried 5-0. ouncilman Hester moved to approve the new agreement, econded by Councilman Marchese. City Attorney Rea said he Council could approve the agreement, but there was a uestion as to what kind of representations would have been ade by Mr. Kilday with regard to wanting to receive under he new contract. Mr. Annunziato suspected that the appli- A vote was taken on the motion, and B. Consider request submitted by Kevin McGinley, Land Research Management, Inc., Agent for Steven Rhodes, Trustee, D. R. Associates, for approval of the construc- tion plans and preliminary plat for Cross Creek Centre, which provides for the construction of infrastructure improvements to serve a 35,000 square foot retail-office complex in connection with a previously approved Planned Commercial Development to be located on West Boynton Beach Boulevard at LWDD E-4 Canal, northwest corner Mr.m_Annunziato said this request was approved by a majority r~commendati°n of the Planning and Zoning Board, subject to staff comments. Vice Mayor zimmerman was not for the - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 request. Mayor Cassandra pointed out that east of this, it is all residential. He saw beautiful landscaping to protect the homes behind it that tended to make him vote for it. Kevin McGinley, President, Land Research Management, Inc., West Palm Beach, Florida was present but did not wish to speak. Councilman Hester moved to approve the request, subject to staff comments. Councilman Marchese seconded the motion. After this is built, Vice Mayor Zimmerman thought a lot of people would be disillusioned by what they will get there. Then it will be too late. Councilwoman Zibelli spoke to some people who lived behind it, on the other side of the canal, and they were in agreement with it. It could have gone to 45 feet with people having the use of the canal. With this project, people will not use the canal. Mayor Cassandra stated he would like to see strip shopping centers stopped right there. If he is sitting on the dais on March 26th, he hopes to get the Code changed so you will need a majority of four votes to change any land zoning. He approved this before, so Mayor Cassandra said he would approve it now. A vote was taken on the motion, and the motion carried 4-1. Vice Mayor Zimmerman cast the dissenting vote. C. Consider request submitted by Kevin McGinley, Land Research Management, Inc., Agent for Steven Rhodes, Trustee, D. R. Associates, for site plan approval to con- struct a 35,000 square foot Planned Commercial Development consisting of a 20,000 square foot commercial building and a 15,000 square foot office building on 4.715 acres to be located on West Boynton Beach Boulevard at LWDD E-4 Canal, northwest corner Mr. Annunziato said the site is bordered on the north by a canal, on the east by the E-4 Canal, on the south by Boynton Beach Boulevard, and on the west by the Villager, which is connected through the parking lot. One 20,000 square foot commercial building and a 15,000 square foot office building are proposed. The Planning and Zoning Board gave the project a positive recommendation. Mr. Annunziato said one of the items reviewed at the Planning and Zoning Board was the issue related to mechanical equipment on roof tops, what kind of noise would emanate from it, and the aesthetics associated with roof top construction. The Board recommended that the applicant screen his roof top from mechanical equipment on -21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 a continuous basis, along the back of both of his buildings. They also asked that the Community Appearance Board assess the aesthetics of this building in relationship to surround- ing buildings (i.e., the building to the west). Eugene Lawrence, Architect, The Lawrence Group, 205 Worth Avenue, Palm Beach, Florida 33480, assured the Council that ~he yellow is an earth color, and it is the only color on the building. The rest of the colors are shades of white, and they are using the yellow as an accent. They showed a chip of the yellow color to the CAB last night, and the CAB approved it. Mayor Cassandra was concerned with cross traffic where you come out of the Village Square. Vice Mayor Zimmerman informed him that it goes directly across into the entrance of Lelsurevllle's Lake Terrace apartments. Mr. Annunzlato said ideally, you would have your driveways at the median cut. He recalled that a substantial amount of traffic was not generated, so it would just be a matter of waiting at a stop sign. Vice Mayor Zimmerman commented that there are two entrances into the project. Councilman Hester moved to approve the site plan, subject to staff comments. Councilwoman Zibelli seconded the motion, and the motion carried 4-1. Vice Mayor Zimmerman voted against the motion. D. Consider request submitted by Siteworks Architects and Planners, Inc., Agent for Edge Equities, Inc., for site plan approval to construct a 137,833 square foot shopping center, including an eight screen (1,820 seat) cinema with a shared parking allocation, an 18,952 square foot nursery with an outdoor storage area, a junior anchor store, a drug store, and two leased outparcels on 11.63 acres to be located on North Congress Avenue at Hypoluxo Road, southeast corner M~. Annunziato said the applicant requested this approval, plus the additional request for an allocation of shared park- ing in connection with the construction of an eight theater cinema. Included in the request was an outdoor storage area for a nursery, a junior anchor store, a drug store, and two leased out parcels on approximately 12 acres of land. T~e P&Z Board recommended that the requests be approved, subject to staff comments. In addition to the staff com- ments, the Board recommended that the applicant provide a s~reening on his roof along the backs of his buildings. On the east and south, the buildings will border residential properties. Therefore, there was a desire to not only screen rQof equipment for aesthetic reasons, but also to reduce nDise from mechanical equipment. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 The P&Z Board acted positively on the request for shared parking, noting the report prepared by the. Planning Department. Mr. Annunziato said this also was approved at the CAB meeting last night. Mayor Cassandra expressed that this was the project he did not like. He was concerned with eight more movie houses, and he explained. Mayor Cassandra also did not like out parcels without designations. He pointed out that this was the entrance to the City. West of it is the Meadows Shop- ping Center. Mayor Cassandra did not know if that was what they wanted people to see when they come into Boynton Beach. He did not like the outdoor storage concept and was not too keen on this development. Mr. Annunziato clarified that the applicant does not own the outparcel on the corner, but there are two leased outparcels on the site. There was discussion. Craig Livingston, Siteworks Architects and Planners Inc., 639 East Ocean Avenue, Boynton Beach, came forward, and informed the Council that a representative of Edge Equities ~s present. Mayor Cassandra wanted to know what was going l~ the outparcels. Mr. Livingston really did not know, but said they are speaking to an office user and financial institution on the parcel on Congress Avenue. They have not talked to anybody about the northern piece. Mayor Cassandra asked what kind of nursery would be there and whether there would be fertilizer and a tractor to move the fertilizer. Mr. Livingston replied that it is a nursery and crafts store. As part of their conditions for the out parcels, those people would have to come before the Council. There were further comments. Councilman Hester understood that any time one of those parcels is built on, they will have to come before the Council for approval. Mayor Cassandra was concerned because he did not think the Council could stop them at that time, if they wanted to put a gas station on the corner. Mr. Annunziato thought it would be very hard, at that time, to not permit a fast foods conditional use there because it would not affect anyone but the shopping center owners. Bill Norton, representing Edge Equities, Inc., said the out- parcels are lease pads, and they could be anything from a small retail shop to a small bank. At this time, he had not talked to fast food restaurants, and he did not know if they were even interested in the location of the parcel. Mr. Norton thought their thoughts were more on a bank or that type of use. - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 AS far as Frank's Nursery, Mr. Norton said their stores are basically arts and crafts on the inside. They change their craft items on the inside for the holidays. Outside, they are a major dealer in shrubbery, plant materials, and trees. A lot of their fertilizer and those types of material are stored on the inside of the store for merchandising purposes. Coming down the street, people would see the planting areas or shrubbery. Mayor Cassandra referred to K'Mart's outside storage, and said there is no limitation as to what they could put there. Councilwoman Zibelli moved to approve the site plan, subject to staff comments. Councilman Hester seconded the motion,  nd the motion carried 4-1. Mayor Cassandra cast the issenting vote. Consider request submitted by Reikenis and Associates, Agent for Edge Equities, Inc., for approval of construc- tion plans and preliminary plat, which provides for the construction of infrastructure improvements to serve a 137,833 square foot shopping center to be located on North Congress Avenue at Hypoluxo Road, southeast corner Mr. Annunziato told the Members this was the preliminary plat and accompanying construction plans to provide the construction of sewer, water, paving, and drainage to serve this shopping center. There are conditions for constructing turn lanes, installing traffic signals, and the usual traf- fic related issues. The P&Z Board unanimously recommended approval of the request, subject to staff comments. Councilman Hester moved to approve the request, subject to staff comments_ Councilman Marchese seconded the motion, and the motion carried 5-0. F. Questions on WXEL ayor Cassandra explained how he was subject to questions s to the antenna and why the residents were not officially otified. He was also asked if the City Code covers side ishes and whether it covers commercial and industry side ishes. If we do not have a limit, Mayor Cassandra was sked why not. He said he would bring it up to the Council. ne question was whether the City has any way of holding off, oF whether permits had been issued. Another question was if it would be possible for the residents of concern to meet - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 with City Manager Cheney or his designee and WXEL. Mayor Cassandra stated he was also told the City might be sued. ity Manager Cheney interrupted to say he did not think any- ne was suggesting that the City was not using legal proce- dures. If they want to sue the City, they will lose. The City does not provide in its Code for a public hearing or public notice on a height exception. City Manager Cheney did not think there had been any height excepti6n that had not been noticed by the public. It was properly approved. City Manager Cheney stated he would meet with anybody. He qontinued by saying this has been moving along, and it is proceeding through the State system. He did not know if there could be changes to some pieces of the site plan. The site plan was approved, but the City can certainly arrange for a meeting with the neighbors, WXEL, and the Architects, so the neighbors will know what is going on. oayOr Cassandra said the other question was that if the ity did not grant the height required for the tower or a ish placement, could the State say to the City that they uld approve the 100 foot height. City Manager Cheney stated that a part of the whole arrangement and the timing of the transfer of the property to the State by the City included the whole package. If the City was not willing to (1) transfer the property and (2) transfer the property in a way it could be used for public radio and TV, the State wDuld not have accepted the property, and WXEL would have gDne somewhere else. Naturally, City Manager Cheney said you need an antenna and a tower to put the antenna on. He recalled it was something like 75 feet, and it was, in essence, a package deal. M~st people currently living in Hunters Run are not imme- diate neighbors to this facility because the land immediate t~ it has not been developed yet or is across the water. A significant amount of land on WXEL property is to the rear of the tower, before you get across the lake to Hunters Run land, goif course, and where development will be. City M~nager Cheney expressed that the City should have a chance to sit down and explain those things to them. Maurice Rosenstock, 1 Villa Lane, Hunters Run, Boynton Beach, Florida 33436, said that as in most of Florida and typically in Hunters Run, its residents are not here most of the year. Therefore, they do not attend the Council meetings. A lot of them do not even read local newspapers. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 Mr. Rosenstock referred to the local elections in the City, where there are only 20,000 registered voters, and in the previous election 4,000 voted. In this election, a little over 7,000 voted. Mr. Rosenstock lives in Hunters Run and said representatives of 2,000 people asked him to be here tonight. Mr. Rosenstock said the people were dismayed on one point. On February 18, 1986, a Council meeting was held. He quoted Mayor Cassandra from the minutes of that meeting as saying he would like to determine if the surrounding community objects to the project. Mr. Rosenstock did not bring this up because there was an election at the time, and he did not want to try and influence the election in any particular way. At that time, Vice Mayor Ferrell said at that meeting that this subject has been in the newspapers, and he was hesitant to create a problem. Where Mr. Rosenstock came from in school, you learn about open covenants openly arrived at, sunshine laws, and freedom of information. He was not say- ing the City Council was acting improperly but, as Mayor Cassandra has said so many times, he would like to see the p~ople informed. Unfortunately, Mr. Rosenstock said the people of Hunters Run were not informed. Mr. Rosenstock stated that nobody really threatened a law- suit. However, some people suggested it, but maybe they should see what their legal justifications and rights are. Mr. Rosenstock did not know where City Manager Cheney got his law degree, but he knew where he got his and where the City's Counsel got his. He did not think who would win or lose a lawsuit was an issue at this point. In Mr. Rosenstock's opinion, what was the issue was the question of whether the City had the right to convey land that was given to the City under Ordinances mandated for a developer to give to the City for public use, and whether the City conveyed that land to a public television station, and whether that is a public use. He thought they should find out first if that was true or not. If it was true, he did not think they had very much more to say. Mr. Rosenstock noticed Mayor Cassandra was concerned tonight about the words on the side of a building and the landscaping, as any human being would be who came to Florida to enjoy the quality of life in this State and City. He felt it was about time the City Council stopped to think, with 100 feet up in the air where there is a lake between, some trees, and - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 maybe a development. If he is sitting in a second story apartment looking east at a tower up in the air, Mr. Rosen- stock said he will see it and will not enjoy it too much. Mr. Rosenstock thought the Council should at least table the issuing of any permits until all of the ramifications of this could be resolved. City Manager Cheney commented that this did take place in February, at the height of the season. Admittedly, this is a seasonal community in part, but, in his judgment, there was no way they could plan the affairs of the City to have them take place only during six months of the year. Mr. Rosenstock did not suggest that. City Manager Cheney pointed out that the land was trans- ferred to the State of Florida through a governmental agency. Mr. Rosenstock argued that was not what the deed says. He did not have the time to check it and said he would appreci- ate the City Council checking it. It said South Florida Public Tele-Communications, Incorporated, a nonprofit corporation, of the County of Palm Beach, State of Florida. Mr. Rosenstock asked, "Who are they?" City Attorney Rea answered that the name is WXEL Tele- communications. It is a corporation of the State. He really did not know if it had been litigated but, for all practical purposes, he thought the State sets up corporate entities either via Statute or other types of methods. South Florida Water Management District is an agency of the State, which technically is a corporation. City Attorney Rea said there are a number of legal arguments you can make as to the validity of that transfer. He thought fundamentally, it was probably a valid transfer of property under the authority that the City has. If it goes to Court, there are a number of interesting ways of looking at it. That was not their object, but Mr. Rosenstock added that in checking the information he had been able to obtain, he also questioned the fact of whether the City had the right to issue these permits. It was his understanding that only the State of Florida, Department of General Services, could issue the permits. As somebody so well put it, they could maybe issue a permit for 10,000 feet. Mr. Rosenstock remarked that they did not even know that at this point, so all he was asking for was a little delay to investigate. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 City Manager Cheney wanted City Attorney Rea to answer the question about the issuing of the permits. He stated that whether the City or the State issues a permit is not eminent itself. It is a couple of months away, so there is time to continue to answer people's questions. City Attorney Rea informed Mr. Rosenstock that the City wrote to the Attorney General's Office for an opinion and interpretation. Depending on how you look at it, City Attorney Rea said there are about three conflicting statutory provisions. If you read one, it appears that the State has total authority to issue building permits with regard to State projects. However, some of the new amendments to the land planning Statutes indicate that obviously the local governments have the authority to issue development orders, and they define developers as agencies of the State. Attorney Rea thought if Mr. Rosenstock would read the conflict clauses of those two Statutes, he would not be any better off than he would be if he read the two Statutes themselves. City Attorney Rea stated that the City would certainly like to keep the authority to issue permits. Obviously, the State would not like to get into a situation where they have to bend to local governments with regard to the issuance of State permits for State projects. The land planning laws changed substantially over the last couple of years. The Statutes dealing with State building permits and State projects has not changed much. Therefore, the City was ask- ing for an opinion, which may take one or two months. Councilman Marchese thought the representative from Hunters Run was entirely correct. He felt if there was anything the Council could do to take that "monstrosity" out of sight, they should move in that direction to do whatever could be done legally. Councilman Marchese did not think it was right to have approximately 1,500 or 2,000 people looking at this for the rest of their natural lives. Mayor Cassandra said both City Manager Cheney and he, plus other Council members, were very concerned about having the image of WXEL here. Nothing other than that type of concept was in their minds. Mayor Cassandra alluded to what is on Congress Avenue now, but he guessed he has always been a proponent against towers of any form or shape. Mayor Cassandra referred to the statement that permits will be a couple of months down the road from anybody and MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 wondered what that would do to WXEL's time table if the City tabled any action until the Attorney General's opinion is received. City Manager Cheney answered, "Nothing. There is no action to table." City Manager Cheney clarified that there is nothing before the City from WXEL. Mr. Rosenstock confirmed Mayor Cassandra's understanding that Mr. Rosenstock's request was not to issue a permit if WXEL did come to the City. Mr. Rosenstock asked whether he could get that commitment from the Council tonight. City Manager Cheney did not think the City had to make that commitment, as they were waiting for the Attorney General's opinion, and the State is waiting for the Attorney General's opinion. The State Government Services Office will administer these kinds of funds. They know the City has asked for that opinion, and they are going to try to push the Attorney General along, but the approval of the construction plans are still going through the review process with the State. City Manager Cheney said it is a very long and complicated process with State money involved. Before he knew this was going to come up tonight, City Manager Cheney said City Attorney Rea told him he thought it would take six or seven weeks before the City will hear from the Attorney General. If the Attorney General says the City has no control over the permits, as the City has never had control of school building permits, etc., the City will have no control over the permits. Mayor Cassandra asked what that would do to what the City has already done in granting the variance. City Manager Cheney informed Mr. Rosenstock that he is not a lawyer, but he has had some experience in the City. City Manager Cheney thought the City had given property rights to the State and to WXEL, and he was not sure they could take them away. Mayor Cassandra felt there seemed to be a concern from the Hunters Run representative that maybe a shovel will go into the ground before the Attorney General makes a decision, and he asked if there was any way to give assurance to the representative that a shovel will not go into the ground until the City hears from the Attorney General, but the procedure will go on as far as all of the necessary documentation. The Council agreed with Mayor Cassandra that no motion was in order. City Attorney Rea advised that they had to see how it would develop with the Attorney General's Office and - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 the WXEL people. There were so many contingencies involved that, from a practical point of view, City Attorney Rea thought it was hard to address the issue now. He thought they had to see what the Attorney General's Office would say and what the status of it will be, from a groundbreaking point of view with WXEL. Mayor Cassandra asked if it would be a proper commitment for the City to say before they do anything, they would notify Hunters Run. Mr. Rosenstock agreed with the City Attorney completely. All he was asking, on behalf of the Hunters Run people, was that the City Attorney, or somebody he would designate, before any further building permits are issued or any permits of any type are issued, make the people of Hunters Run aware immediately upon receipt of a decision from the Attorney General. City Attorney Rea said that would not be any problem. Mr. Rosenstock added that both the City Attorney and Director of Planning have been extremely cooperative. Mayor Cassandra stated that Attorney Rea will notify Hunters Run. BI DS Remarcitinq of City Owned Swimming Pool - Recreation City Manager Cheney said this was put to bid, and the City got one bid for $24,981, which was much higher than the City ~hought it should be. Based on that, the City negotiated for a lower cost, and they have an adequate, approved contractor to do this job for $12,600. He recommended that the Council approve it. There was discussion. Councilwoman Zibelli asked when this was last done. City Manager Cheney answered when the City rebuilt the pool in 1980, and he elaborated. Vice Mayor Zimmerman moved to award the contract to Pride Pool Plastering, Riviera Beach, in the amount of $12,600. C~uncilman Marchese seconded the motion, and the motion carried 5-0. Mayor Cassandra was glad this was caught by the City staff LEGAL ~. Ordinances -~2nd Readinq - PUBLIC HEARING 1. Proposed Ordinance No. 86-48 (Continued to 3/17/87) Re: Rezoning - PCD Center - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 City Attorney Rea asked that this be continued until the next regular City Council meeting on A~ril 7, 1987. Vice Mayor Zimmerman so moved, seconded by Councilman Marchese. Motion carried 5-0. 2. Proposed Ordinance No. 87-8 Re: Rezoning - Max Schorr Property City Attorney Rea read proposed Ordinance No. 87-8, on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-1AAA (SINGLE FAMILY RESIDENTIAL) TO M-1 (LIGHT INDUSTRIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor of proposed Ordinance 87-8. A man in the audience wished to know the location of the property. Mayor Cassandra informed him it is north of Quantum Park. He asked if anyone wished to speak against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt proposed Ordinance No. 87-8 on second and final reading, seconded by Councilwoman Zibelli. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. B. Ordinances - 1st Reading None. C. Resolutions Proposed Resolution No. 87-P Re: Projects and activities to be considered by Palm Beach County Board of County Commissioners - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 City Attorney Rea read proposed Resolution No. 87-P by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING COUNTY FUNDED ACTIVITIES FOR FY 87/88 AND RELATED CITY OF BOYNTON BEACH CONCERNS" City Manager Cheney referred to the list he gave the Council and then said at the Council of Governments Meeting, which Vice Mayor Zimmerman attended, Dorothy H. Wilken, County Commissioner, suggested it would help her if the City put it in Resolution form. City Manager Cheney added a couple of things to the list (Miner Road and ~4). 94 was added because he read that the County has now sold eight properties on N. E. 8th Avenue, and it occurred to him that when the County is going to do something within the corporate limits of the City, they might tell the City. Mayor Cassandra asked whether City Manager Cheney. corrected the omission of Congress Avenue being four laned. City Manager Cheney showed where it said, "Increase the width of Congress Avenue to six lanes." Vice Mayor Zimmerman moved to approve Resolution No. 87-P, seconded by Councilwoman Zibelli. Motion carried 5-0. D. Other 1. City Attorney Report on Insurance Coverage for Trade- winds Lawsuits City Attorney Rea reported that he and William Sullivan, Director of Purchasing, went through all of the insurance policies, and it appears that the City may be covered by one insurance policy to the tune of a maximum of $1,000,000. That coverage appears to apply under a wrongful act coverage, which deals for actual and alleged errors or omissions for misstatements dealing with misfeasance, malfeasance, and nonfeasance. Mayor Cassandra pointed out that City Attorney Rea said may be. The way City Attorney Rea interpreted this provision as far as the coverage the City has, the City should be covered under that policy. He would interpret it as a shall be covered. City Attorney Rea informed Vice Mayor Zimmerman that the City is getting all of the notifications out and will be in MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, '1987 defense of the matter. Councilwoman Zibelli did not think that was much coverage. She thought they got $5,000,000 for the South Florida Waste Management. The last time they got insurance for the City, City Manager Cheney remembered they were in a period of time when everybody was lucky to get insurance. A year ago, insurance was very difficult to get, and he explained. Vice Mayor Zimmerman felt it was good to have that protection that would be presented in the Cit's favor Cit y . y Manager Cheney stated that there is a difference of opinion among insurance people and Attorneys that they need to discuss at some point, as to whether or not the City can rely on municipal immunity and the limitation of $100,000,000, and ~f you have insurance and expose yourself to something bigger. There is always an argument about this, and City Manager Cheney expounded. There was discussion. City Attorney Rea said the present state of affairs, as far as legally, and legislative immunity, as far as what type of liability a body like this might expose itself to, is in a state of flux, and he thought the Courts may have difficulty addressing the issue themselves. Some Courts are stating that, by implication, if a legislative body like this pur- chases insurance, it is waiving its immunity. 2. Report - Update on Rental Laws - Requested by Councilwoman Zibelli City Attorney Rea reported that he was, for the most part, waiting for direction from the Council as to whether he was to proceed with the official drafting of a rental Ordinance similar to Lake Worth's and use Lake Worth as a model. If that was the general attitude of how they wanted to proceed, h~ would get it together. They could cut it to pieces and add to it as well. Vice Mayor Zimmerman asked if that would apply to condo- miniums, cooperatives, and planned unit developments (PUDs). City Attorney Rea replied that they could tailor it in what- e~er fashion they wished. He thought he would first use drafts, as he would miss a lot of concerns everybody else has. Vice Mayor Zimmerman asked if they could eliminate the three types of ownership he mentioned City Attorney Rea advised that there was no way they could possibly make an Ordinance comply to those individuals that have more than - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 one or two rental units they regularly rent out. There are a lot of different ways of addressing it, such as a deter- mination of what, in fact, is a rental business. Councilwoman Zibelli wanted to see it put into some sort of form, and the Council could add or take away wherever they Wish. Mayor Cassandra wondered if she wanted to start with the old Council or start after the new Council takes over. Qouncilwoman Zibelli did not think they should wait, as this Was very important. She wanted to get it off the ground, as there is a big problem with this. With as many condominium associations all over the place, cooperatives along Federal Highway, and large PUDs along Congress Avenue, Vice Mayor Zimmerman did not see how such a proposal would go very far if they were included. If there was some way of excluding those, maybe it would get some sort of approval. Councilwoman Zibelli did not see any way they could possibly e~clude them. Once you start excluding, you start pointing out. Councilwoman Zibelli emphasized that it would have to be citywide. She told Vice Mayor Zimmerman he did not live in the north end or out west. He lives in a very nice little community. Nobody is going to bother his nice, little community, but the City has to have something that will "put teeth into overcrowding" in the areas and in houses where y~u have 5, 6 and 7 families living in one home. They are ~eing rented ' out, but even the people that own the rental property are not aware of it because they are out of the State. Councilwoman Zibelli stressed that there has to be some way of controlling it. She knew Vice Mayor Zimmerman was not interested in the north end because he does not live there. If he saw every day what the problem is, he would love to problem The only reason Vice Mayor Zimmerman ~event the . id he was mentioning this was because the Condominium Associations, Cooperatives, and PUDs already have a rental and a resales control. If the City overrides them, they w~ll "rub their feathers" the wrong way. There was more disagreement between Councilwoman Zibelli and Vice Mayor Zimmerman. Mayor Cassandra said they had heard the words of Council- woman Zibelli and Vice Mayor Zimmerman. He thought the way to go would be to get some words together. If they do not like the words they can knock them down, change them, or - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 modify it. Mayor Cassandra did not agree with Councilwoman Zibelli that the Council was not concerned about the north end, but some problems have to be addressed. Vice Mayor Zimmerman observed that City Attorney Rea already said there is a possibility of excluding those three types that already have rental control within their documents, deed restrictions, and declarations of condominium. If that could be done, he did not see anything that would prevent the proceeding of trying to write something up, and he would be very much in favor of it. Mayor Cassandra thought City Attorney Rea had direction to proceed. OLD BUSINESS None. NEW BUSINESS Approval of projects for Palm Beach County Community Development Fundinq for 1987/88 Mayor Cassandra referred to the memo from City Manager Cheney dated March 17 and said that was the recommendation the Council was to act upon. (A copy of this memo is attached to the original copy of these minutes in the City Clerk's office.) Councilman Hester moved to approve the application for Community Development projects for the fiscal year 1987-88. Councilman Marchese seconded the motion, and the motion carried 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 10:05 P. M. - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 17, 1987 CITY OF BOYNTON BEACH, FLORIDA ATTEST: f,~_~ City Clerk ReCT~hdir~i~ Mayor Cou n~l't~a n Councilman ~~ouncilwoman - 36 _