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Minutes 12-16-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 16, 1986 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 James W. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:32 P. M. The invocation was given by Reverend Joe Dye, Boynton Beach Congregational United Church, followed by the Pledge of Allegiance to the Flag led by Councilman Ralph Marchese. AGENDA APPROVAL City Manager Cheney added "O. Replace air conditioning system in the Police Department for $3,977.00" to "IV. CONSENT AGENDA." Under "XI. ADMINISTRATIVE", he added "C. City Attorney's Office and a Legal Secretary", "D. Profes- Sional Surveying Firm for Landfill Closure Project", "E. Memo from Palm Beach County Municipal League re Countywide Planning Council", "F. Selection of Member of City Council to Sit on Consultants' Selection Review Committee for the Housing Part of the Comprehensive Plan Study," and "G. Selection of Alternate to Metropolitan Planning Organization. Councilman Hester moved, seconded by Councilman Zimmerman, to accept the Agenda as corrected. Motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra told a woman in the audience that Bud Howell, Building Official, was present, and he could probably solve her problem involving permits if she wanted to talk to him outside'. She could speak to Mr. Howell or the Council. Mayor Cassandra announced that City Hall will be closed Wednesday, Thursday, and Friday, December 24, 25 and 26 for the Christmas Holiday and Thursday, January 1, 1987, New Year's Day. Presentation of commendation from United Way 1986 Campaign - Michael Robbins Mr. Robbins was pleased to report that the United Way of Palm Beach County's annual campaign achieved its goal of - 1 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 3.5 million dollars, plus, this year to support the work of its 53 agencies in the County. A major campaign effort was made in the Boynton Beach area for the first time. Mr. Robbins said Stormet Norem of Boynton Memorial Chapel was the first to step forward to help in that effort. They expanded the campaign to addi- tional employee groups and small businesses. This year the employees of the City were spectacular. In 1985, the employees of the City contributed $11,593 through payroll deductions. The employees contributed $17,714 in 1986, which was a 52.7% increase in giving over a year ago. There was a major effort on the part of the City department heads, and Mr. Robbins commended City Manager Cheney, who not only has served on the Board of Directors of United Way for a number of years, but he was directly involved in the employee campaign. Mr. Robbins presented a campaign plaque to Mayor Cassandra and asked that it be displayed in a prominent place in City Hall. Mayor Cassandra was glad to receive the plaque for the employees and asked that City Manager Cheney write a memo thanking the employees for a job well done. The memo will be signed by the Mayor and Council, and copies will be posted in the City departments. CITY MANAGER'S REPORT Code Enforcement City Manager Cheney said the City was pleased that they were able to increase the number of Code enforcement employees this year. In October, 1986, there were 68 violations that the City was able to find and get into compliance. In the month of November, there were 375. There were still 204 at the end of the month that were not in compliance. With the added people and catching up on the complaints, City Manager Cheney said they were able to get 375. It showed that by adding these people, they have initially made a dent. Seacrest Widening Thanks to Councilwoman Zibelli, the group in the north end, and support from past City Councils, City Manager Cheney reported Seacrest was under construction. He said Councilwoman Zibelli, County Commissioner Dorothy Wilkin, - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 and the City are talking about a ground breaking ceremony, which may not be until after the holidays. Congress Avenue from Boynton Beach Boulevard South to the Bridge at Manor Care This road project should have been completed a year ago, and City Manager Cheney reported that it will have a review of the preliminary design. Hopefully, it is being designed for six lanes and' not four lanes and will be under construction in June or July, 1987. It was in the first year of the gasoline gas tax and has not gotten off the ground yet. Change in Garbage Collections During Christmas Holidays City Manager Cheney announced that the Thursday collections will be on Wednesday. The City does not collect garbage on Christmas Day but will collect on Friday. Towing Contract City Manager Cheney reported that a question has arisen about the City's towing contract. The City had a meeting to discuss that. The contractor understands he has a contract he has to comply with. Another towing company called to say he would do it at a lower price. City Manager Cheney assured him that if the City made any changes, the contract would go out for bid. Attorney Rea and City Manager Cheney have been talking about this and quite likely, on January 6, 1987, they will come back with some suggestions in the City's Code relative to towing. They will talk the changes over with the Council, and if the Council likes some of those things, they will get a revised Ordinance back to the Council in February. City Manager Cheney said the City will still be towing acci- dents, dangerous situations, and cars that are not junk while they work out their problems. American Water Works Association (AWWA) At a recent meeting, City Manager cheney said the AWWA did a sampling of water. Out of eleven samples, the taste of Boynton Beach's water came in second. The one that beat the City was a small 2,000,000 gallons a day reverse osmosis project from over on the West Coast. - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Other Items There were two or three other items that City Manager Cheney said he would get to in the January meeting. Take Home Car Policy of the City Mayor Cassandra wanted a report on this at the next City Council meeting. City Manager Cheney said this is something he does regularly every couple of years. It is checked; the City does an inventory and keeps controls on it. Mayor Cassandra wanted the Council to know why the City does what it does and the reasons. As there were no questions, the City Manager's report was accepted as presented. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. He preferred that they fill out one of the forms at the back of the room but said they would be allowed to speak after the people that filled out forms spoke. Anyone who wished to speak on an item on the agenda should fill out a form and they would be called when that item comes up. He emphasized that no one could speak during first reading of an Ordinance and must wait until it comes before the Council for second reading. Suspension of Deputy Police Chief Carl Dixon Bob Fauser, 125 S. E. 6th Avenue, P. O. Box 1042, Boynton Beach, said that on November 29, 1986, Deputy Police Chief Carl Dixon ran his City Police car into a Boynton Beach Police cruiser on N. W. 22nd Avenue, and both cars were damaged to what Mr. Fauser understood to be a total of $2,200. The Boynton Police on the scene of the accident said Deputy Police Chief Dixon smelled of alcohol. In addition, the Boynton Police drove Deputy Police Chief Dixon home, as they felt he should not drive himself. Mr. Fauser said Chief Hillery reported in his memo dated December 5, 1986 that the investigation pointed out that the Investigators believed that had the Deputy Chief not been drinking, he would have been able to avoid the accident; yet, after all this, Mr. Fauser said the Officers did not feel that Deputy Police Chief Dixon was impaired enough to give - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 him a road sobriety or blood alcohol test, and they did not charge him with anything. Mr. Fauser continued that Police Chief Hillery said he would have to respect the Officers' judgment. Mr. Fauser found this incredible and asked how much more impaired Deputy Police Chief Dixon could have been. He knew some people would say Deputy Police Chief Dixon was suspended for 15 work days, and that was pretty harsh. Mr. Fauser pointed out that the laws concerning driving under the influence should be equally enforced on the City's streets and highways. This is not the first time this has happened because Mr. Fauser recalled that he raised this point before. In February, 1985, Detective Paul Sheridan of the Boynton Police Department was stopped by a Deputy Sheriff just a bit north of Boynton Beach. The reports said Detective Sheridan was intoxicated, driving a City vehicle, doing 80 miles an hour on Federal Highway, and weaving all over the road. He was not given a road sobriety test or charged with anything either. Detective Sheridan got the same 15 work days' suspension without pay. Mr. Fauser asked if there was one set of laws for Deputy Police Chief Carl Dixon and another set of laws for the rest of us. He said that here we have the second in command of the Boynton Beach Police Department damaging two City vehicles on a public highway in an accident that could have been avoided if he had not been drinking. He was not given a road sobriety test and not charged with anything. Mr. Fauser said Chief Hillery conceded that Road Officers are put in difficult positions when faced with citing or arresting a superior Officer, and they are put in a tough spot. Mr. Fauser wondered why that should be. The law should apply equally to everyone, and it is the duty of the Police Chief to make certain his Police Officers understand this so they will not be in a tough spot if they have to cite a high ranking Officer. Mr. Fauser said the vast majority in the Police Department are hard working professionals, but there are certain individuals in the department who feel they are above the law and that the laws do not apply to them. Their reckless and irresponsible behavior has embarrassed the City on more than one occasion, and there have been news articles in all three major newspapers. Mr. Fauser said they have shown little concern for City property or human life. That may be - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 an extreme statement, but he reminded everyone that Detective Sheridan was doing 80 miles per hour in a City owned vehicle, and that is a lethal weapon. Mr. Fauser emphasized that it was time for this to stop, and it will only stop when they realize they are not going to get special treatment when they break the law. Mayor Cassandra thought Mr. Fauser's statements deserved a comment by City Manager Cheney. City Manager Cheney did not really have a comment. It was an administrative matter, and it had been taken care of. If Mr. Fauser was unhappy with the way it was taken care of, he guessed Mr. Fauser should make his comments about him (Cheney). City Manager Cheney said many of Mr. Fauser's comments were totally uncalled for, and he was not going to respond to them unless the City Council asked him to, except to reaffirm what Chief Hillery said. When a Police Officer is in the road, responsible for an incident, he has to make his judg- ment. The Officer made his judgment, and the City will live with that judgment. Mr. Fauser said he was talking about City property the people pay for. He brought out that when Detective Sheridan got his 15 days' suspension in February of 1985, one of the Officers (then Captain Dixon) was the one that recommended that Detective Sheridan get ten days' suspension without pay. Apparently, Captain Dixon did not learn the lesson Detective Sheridan was supposed to have learned. As a taxpayer, Mr. Fauser felt he had a right to be con- cerned when City owned property has been carelessly used on more than one occasion. Mayor Cassandra said a sensitive question had been raised, and he was positive that Chief Hillery had given it due consideration and City Manager Cheney had endorsed it. Mayor Cassandra advised that it was an administrative proce- dure, and the Council is locked by Charter not to interfere. They did not want to interfere unless there was a definite problem of malfeasance, and he doubted if the Police Chief or City Manager had done that. If the Council had any ques- tions, Mayor Cassandra said they would ask the City Manager to explain. City Manager Cheney added that the thing that made him most pleased about the whole incident was that it was immediately - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 and properly investigated. Ail of the facts are on the table. Every Officer involved was asked his opinion and judgment. In cases like that, opinions and judgments differ. It was immediately investigated, even though at that almost immediate incident, there was another problem that night down by the hospital. Both situations were thoroughly investigated. City Manager Cheney was totally confident that every Officer asked about the incident gave his honest, straightforward opinion. He hoped every other organization could make the same statement, be they Police or any other government organization. Vice Mayor Zimmerman thought it would be good if the Council received a report of the facts as they occurred. About all he knew about it was what other prople were telling him, and what he reads in the newspaper. There are other questions, so if the Council could get the facts, he thought it would help them a great deal. City Manager Cheney said he would give the CoUncil the facts about the incident, but rumors are going around the City about happenings that took place later on that evening that were totally separate. He would not comment on them because they had nothing to do with the City. Extension of City Water to Biltmore Terrace Tom Coffey, 5458 Palm Way (in front of the City landfill) was appointed by the Executive Committee of the Biltmore Terrace Homeowners' Association to ask that the City extend City water to their subdivision. They understood a study was done to close the landfill and extend these lines. Many residents are concerned about future contamination and wOuld like to have City water. Mayor Cassandra believed the City had already started that. Mr. Coffey confirmed Mayor Cassandra's statement that Biltmore Terrace is still on septic tanks. It seemed to Mayor Cassandra the cost of sewers should be addressed to Mr. Coffey's community, and the City in turn will see what it will cost. With the study to close the landfill, City Manager Cheney said the issue on utilities has not been done. It is a separate issue. City Manager Cheney further said that the City has a policy that it only provides water when it can also provide sanitary sewer system, and he explained. The City is doing some cost analyses of what it will take to extend water into that subdivision. - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mr. Coffey added that they are not asking for it free. Four streets are to be paved very shortly. City Manager Cheney asked Mr. Coffey to check and see whether his neighborhood would object if the City requests the County to delay the paving because of designing sewer lines and water lines and installing them, if the County can do that. Mr. Coffey said he would, but he has been waiting for five years to'get the roads paved. The County said they just need a final hearing, and they will pave them. If it would not be more than three or four months, he was sure most of the residents would say it would be fine. Mayor Cassandra suggested Mr. Coffey deal with City Manager Cheney and John Guidry, Director of Utilities, on the water and sewer. City Manager Cheney informed the Council that the land the City had a license to go over all of the years they were using the landfill was Mr. Coffey's land. The City has had a good relationship with Mr. Coffey for many years. Ornamental Iron Fence at Boynton Beach Memorial Park Ben Uleck, 1507 S. W. 17th Avenue, referred to money being appropriated for recreation projects, and City Manager Cheney outlined what the money had been approved for. Mr. Uleck wanted money appropriated to the Boynton Beach Memorial Park, as flowers he had placed on his mother's and son's grave sites last Sunday were missing. Mr. Uleck attended a Cemetery Board meeting about seven months ago, and one about two months ago, and asked the Board if they would consider putting up an ornamental iron fence around the entire cemetery, plus gates at the Woolbright Road exit and Seacrest Boulevard. The gates should be locked at nighttime and opened in the morning. It hurts Mr. Uleck to see flowers being taken from grave sites, and he said beautiful flowers are missing from graves adjacent to the graves of his loved ones. Mr. Uleck emphasized that the City has to put a stop to it. He talked to Police Chief Hillery, who said a Police squad car patrols it, which is true. Mr. Uleck did not think $3,000 or $4,000 would hurt the City's budget and asked City Manager Cheney what he thought, because the Cemetery Board does not want to take the money out of their funds. He requested that the City Council talk to City Manager Cheney and take $3,000 or $4,000 from the - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 $2,500,000 appropriated for park and recreation projects to be used for an ornamental iron fence around the cemetery. Mayor Cassandra believed that at the last Cemetery Board meeting Mr. Uleck went to, the Board was going to take his request under consideration. They have not responded to the request yet, so they may do this anyway. Mayor Cassandra advised that the Council did not want to override the Cemetery Board. He brought out the fact that there are hedges all along there. City Manager Cheney said the Cemetery Board is considering just gates at the entrance ways. They figure that the hedge is somewhat of a hindrance. Betty Boroni, City Clerk, confirmed City Manager Cheney's statement that the Cemetery Board had not made a final decision and that at the last meeting, they were still getting prices from different people and discussing the kind of gates they want to put in. From a funding point of view, City Manager Cheney advised that the money should come out of the Cemetery Fund, which is controlled by the Board of Trustees of the Cemetery Board and not the Cemetery Board itself, although the Board of Trustees listens to recommendations. If they do not use those funds, City Manager Cheney said they would have to use general City funds. He thought Mr. Uleck should wait until the Cemetery Board proceeds so he would not get into the position of stepping in before the Cemetery Board completes its analysis. City Manager Cheney knew the Cemetery Board was just as upset as Mr. Uleck was about it. He had a memo from Charles Frederick, Director of Parks and Recreation, which he also sent to Police Chief Hillery. City Manager Cheney expressed that it is maddening. He was sure the people taking the flowers were taking them to flea markets and roadside stands and selling them, but it is not a dead issue. Mayor Cassandra suggested Mr. Uleck go to the next Cemetery Board meeting, which will be in January. Mr. Uleck expressed that some of the Cemetery Board Members are for it, but quite a few are against it. In the past 1~ years, 16 of his bouquets have been taken. Mr. Uleck elaborated and said he brought this up eight months ago or before that, and it is still going on. Almost a year has passed, and nothing has been done. He wished the Council would talk to the Cemetery Board and take some action. - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mayor Cassandra thought it might be advantageous for Mrs. Boroni to make the Board aware of the Council's concern so they would try to expedite this. He was not guaranteeing that the Cemetery Board would agree with the fence concept, but they should at least get the quotes. City Manager Cheney clarified that the Board is moving with quotes and he questioned whether the Council wanted the Board to continue looking at them. Mayor Cassandra wanted to get a decision. Mr. Uleck continued that he still finds bicycle riders and joggers in there. Ten or twelve children in a bunch come in from Woolbright Road and cross over to Seacrest Boulevard. Mr. Uleck repeated prior statements. Mr. Uleck asked why the fence by High Point was down. City Manager Cheney replied that it is being replaced. It is a joint thing between High Point and the Cemetery Board. Mayor Cassandra told Mr. Uleck his concerns would be addressed. Work Program for Young People Wilda Searcy, 402 N. E. 13th Avenue, talked to Mr. Michael Robbins, United Way, about the work program for the young people in her community. She said the United Way could help Federal grants come into the City, and that can go through- out the year. Mrs. Searcy urged the Council to get to work. Mr. Robbins told her he will talk to City Manager Cheney to try and get the work program for the kids, so it will be year in and year out. Mrs. Searcy made further statements. As no one else wished to speak, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes Regular City Council Meeting Minutes of December 2, 1986 B. Bids - Recommend Approval Cleaning, repairing & repainting of one 50,000 gallon elevated water storage tank and tower, all metal complete, both interior and exterior South Tank - Utilities The Tabulation Committee recommended awarding the bid to Marine Tank Coating, Plantation, Florida, in the amount of - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 $57,400, in addition to Option #2 for $5,000 to paint the City logo on the tank on the east and west side. City Manager Cheney inquired whether the Council wanted to put the City logo on the tank for an additional $5,000. Personally, he did not like logos up there. Mayor Cassandra recalled "City of Boynton Beach" is painted there now, and he thought that was good enough. The Council agreed. Annual Bid for Various Custodial Supplies - Facilities Management The Tabulation Committee recommended awarding the bid to Unijax, Inc., West Palm Beach, Florida, in the amounts shown on the bid for various supplies. Mayor Cassandra asked whether there were bidders. Mr. Sullivan advised that there were eight bidders. Inadver- tently, the sheet was not included with the Mayor's agenda package. Remount one (1) 1979 Type III Aluminum Module Body on a New 1986 Chassis - Fire Department The Tabulation Committee recommended awarding the bid to Aero Products, Longwood, Florida, in the amount of $26,475. One (1) modular, portable, monolithically-poured, light- weight concrete or concrete composite radio/microwave equipment building system - Management Services/ Communications Division The Tabulation Committee recommended awarding the bid to Fiberbond Corporation, Minden, Louisiana, in the amount of $23,961 plus delivery charge of $4,286. The delivery charge is an estimated figure. The true figure will be determined on the miles of transporting. Sole Source Purchase of 1,000 Feet of Steel Armor Cable - Utilities By memo dated December 2, 1986, John A. Guidry, Director of Utilities advised that Cues, Inc. is the sole source supplier of this cable in the amount of $3,846.59. - 11 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 C. Resolutions Proposed Resolution No. 86-LLLL Re: Bond Reduction - The Landings a/k/a Clipper Cove (North of Lakes of Tara, West of Congress Avenue) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR THE LAND- INGS IN SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 52, PAGES 48 THRU 52 OF PALM BEACH COUNTY RECORDS" Proposed Resolution No. 86-MMMM Re: Bond Reduction - Chalet IV, a/k/a Sandalwood - Private Recreational Facilities (West of Congress Avenue, South of L-20 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR PRIVATE RECREATION FACILITIES, CHALET IV, PLAT NO. 3, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 53, PAGES 176 THRU 179 OF PALM BEACH COUNTY RECORDS" Proposed Resolution No. 86-NNNN Re: Bond Reduction - Chalet IV a/k/a Sandalwood for Loop Road a/k/a Sandalwood Drive (West of Congress Avenue, South of L-20 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR THE LOOP ROAD SERVING CHALET IV, PLATS 1, 2, 3 AND 4, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" e Proposed Resolution No. 86-0000 Re: Restoration Bond Reduction Request for Evacation and Fill Permit - Chalet IV a/k/a Sandalwood - (West of Congress Avenue, South of L-20 Canal) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE RESTORATION BOND FOR CHALET IV, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST" Proposed Resolution No. 86-PPPP Re: Bond Reduction - Chalet IV, a/k/a Sandalwood - Plat 3 (West of Congress Avenue, South of L-20 Canal "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 3, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 53, PAGES 176 THRU 179 OF PALM BEACH COUNTY RECORDS" - 12 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Proposed Resolution No. 86-QQQQ Re: Bond Reduction - Chalet IV, a/k/a Sandalwood - Plat 4 (West of Congress Avenue, South of L-20 Canal "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 4, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 53, PAGES 180 THRU 182 OF PALM BEACH COUNTY RECORDS" Tom Clark, City Engineer, by memo dated December 10, 1986, recommended that the bond not be released but that it be reduced from $61,800 to $30,000. Proposed Resolution No. 86-RRRR Re: Release of Bond - Chalet IV, a/k/a Sandalwood - Plat 1 (West of Congress Avenue, South of L-20 Canal "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 1, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44 OF PALM BEACH COUNTY RECORDS" Proposed Resolution No. 86-SSSS Re: Release of Bond - Chalet IV, a/k/a Sandalwood - Plat 2 (West of Congress Avenue, South of L-20 Canal "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BO~NTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR CHALET IV, PLAT NO. 2, IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 52, PAGES 113 AND 114 OF PALM BEACH COUNTY RECORDS" Proposed Resolution No. 86-TTTT Re: Release of Bond - Golfview Harbour 3rd Addition - Tracts 2 and 3 East of Congress Avenue, North of S. W. 27th Avenue "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR TRACTS II & III OF GOLFVIEW HARBOUR, 3RD ADDITION, IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 41, PAGES 111 THRU 116 OF PALM BEACH COUNTY RECORDS" D. Development Plans Consider request submitted by Land Design South, Agent for Ryan Homes for approval to construct a - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 private recreation area plus landscaping at Tract K of the Meadows Planned Unit Development located on the west side of Congress Avenue, south of Hypoluxo Road. (Meadows 300 Tract K (Lakeshore) Private Recreation Area) The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by Ken Zengage, Agent for R. S. Pemper, for approval of an amended site plan to allow for the addition of an egress driveway onto N. E. 1st Street. This site is on East Boynton Beach Boulevard at N. E. 1st Street, the northeast corner, (Main Street Car Wash) The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. Mayor Cassandra questioned whether there was a difficult corner as far as egress and ingress, and he wondered if the applicant was in compliance. Mr. Annunziato answered affirmatively. E. List of Payments - Month of November, 1986 See list attached. Approve request for zoning approval for Alcoholic Beverage License The Eating Place 309 North Seacrest Boulevard Boynton Beach, Florida 33435 In his memo of December 10, 1986, Bert Keehr, Deputy Build- ing Official, wrote that zoning at the above premises per- mits the sale of beer for consumption off premises. Councilman Hester recalled there had been several cases like this in the last year. Nothing could be done about it because of the law, but he was concerned about take out alcoholic beverages next to churches. Bud Howell, Building Official, advised there is no distance requirement for carry outs. There was discussion. Mayor Cassandra asked if the establishment could lose its license if the alcoholic beverages are consumed in front of - 14 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 the premises. Police Chief Hillery answered that they can- not lose their license. As long as they are not selling it in any manner of abuse, they are not in violation. The people buying it in the store, walking out on the lot, and drinking it are in violation of the City Ordinances, and the Police can arrest the people. The store is not in violation. Councilman Hester expressed that he knew nothing could be done about it, but he was concerned. City Manager Cheney pointed out that they could change the Ordinance. Mayor Cassandra thought maybe that should be addressed. He believed the Chief had submitted an Ordinance about this. Ge Ratification of South Central Regional Wastewater Treat- ment & Disposal Board Amendment to ESC Sludge Handling Contract H. Approve Change Order for Boat Club Park Expansion By memo dated December 16, 1986, City Manager Cheney recommended that the Council authorize an expenditure from the Subdivision Ordinance Trust Fund of an additional $2,742 for the completion of the recommended projects. City Manager Cheney drew attention to his memo and told the Council to be sure when they approve the Consent Agenda that they approve the recommendation but that they do not include the addition of that wall for $5,292. As of now, City Manager Cheney said the park is completed. Consider Approval for Excavation and Fill Permit, request to haul material off site - The Grove Tom Clark, City Engineer, recommended approval, subject to the conditions outlined in his memorandum dated December 10, 1986. Consider Request for Replacement of Concrete Saw for the Street Department In his memo of December 9, 1986, William H. Sullivan, Purchasing Agent, recommended a replacement for the missing saw be purchased from Blanchard Machinery, 4115 Georgia Avenue, West Palm Beach, Florida 33405, for $2,200. Mayor Cassandra noticed in the backup that mention was made of a local company, but there were other locations. He asked whether the other locations were less or more expen- - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 sive. Mr. Sullivan advised this item had been a bid item three or four years ago. No one in the Broward or Palm Beach County area has this size saw unless you go further north. It is not less expensive if you go further north. City Manager Cheney added that was based on bids of three years ago. Ke Approve Agreement with American Micrographics Company for Building Department, Planning Department and City Clerk As a follow up to the presentation to Council by American Micrographics, City Manager Cheney wrote in his memo of December 16th that the City will enter into the agreement. L. Approve Purchase of Firearms Training System William Sullivan, Purchasing Agent, by memo of December 10, recommended approval of this request from the Chief of Police. Firearms Training Systems, Inc., Norcross, Georgia is the only company manufacturing this equipment. $40,700 was budgeted this year. The cost, including a 33 month maintenance contract, is $41,000. Design Agreement with Miller, Meier, Kenyon & Cooper - Capital Improvements Program As requested by Mayor Cassandra, City Manager Cheney stated what was written in the first paragraph of his memo of December 16th. The City would like to get it designed and get the second story on the Building/Planning/Engineering Building done and use it to possibly relocate facilities from this building during the renovation to City Hall. The City was also asking to begin the design to the current Civic Center structure on the southwest back corner, to pro- vide a relocation space for the Recreation facilities that will have to move out of the current small Recreation build- ing because of the Library expansion. They have also committed to do a study on where the multi- purpose cultural facility building should be (downtown or on Congress Avenue). City Manager Cheney hoped that in January they can begin to go through the Architect's Selection Process for hiring Architects to do the projects. One task will be to do a study on the location of that facility. - 16 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mayor Cassandra had raised the question that if they spend some money on the design of that addition, how much will they not be able to use if they decide to tear down the whole Civic Center and put the new facility downtown. City Manager Cheney said they were talking about an addition that maybe would be a couple of thousand dollars, besides a design fee of abOut 8% that is designed right through the construc- tion business. If they just begin the design of that addi- tion and do not do any construction work, they are probably talking about $7,000 or $8,000 of design work they might not use. If the Council approves this, City Manager Cheney said the City would postpone the design work as long as it could to do another study of vocations. The need to tear down that building for the library expansion is somewhat delayed by the desire to get the second story on the building in this block. City Manager Cheney said the Council had two choices. One was for the moment not to approve it at all and come back with it in two or three months, which may make the Council feel more comfortable, or design it, realizing they will delay the expenditure of that money as long as possible. They could come back in February or March and do it then. Mayor Cassandra asked the Council how much delay time they were willing to put up with if they do not do the Civic Center addition. Then the $7,000 may not be lost because the study might say that is not where the recreation center should be. He thought it should be brought to the Council's attention that they were gambling with $7,000. Councilman Hester asked if City Manager Cheney was saying to hold off until they have a study on where it would be located. Mayor Cassandra emphasized that they do not want to hold off the second floor because that would hold off the library. City Manager Cheney explained that what they would do would be to make a decision in several months as to when they have delayed too long for it to be a problem for the library expansion, but long enough to do a study as to where the other facility should be. He did not mind if they wanted to hold it off for a month or so and address it later on. If they would hold it off until March, they would not waste any money. City Manager Cheney advised that the Council could approve it, and the minutes could show that the Consent Agenda item - 17 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 was approved only for the design of the second floor of the Building/Planning/Engineering project. N. Approval of Bills See list attached. O. Replace Air Conditioning System in Police Department This item, in the amount of $3,977, was added to the Consent Agenda by City Manager Cheney. Councilwoman Zibelli moved, seconded by Councilman Marchese, to accept the Consent Agenda, items A; B, 1, 2, 3, 4, 5; C, 1, 2, 3, 4, 5, 6 (that the Bond not be released but reduced to $30,000), 7, 8; 9; D, 1, 2; E; F and the concerns expressed by Councilman Hester; G; H (all of the items recommended by staff) not including the wall; I; J; K; L; M minus the Civic Center study; N; and O. Motion carried 5-0. BIDS None. PUBLIC HEARING ao Consider request submitted by Kevin McGinley, Agent for Steven Rhodes, Trustee, for an amendment to a previously approved future land use element amendment/rezoning application to allow for the addition of a .74 acre parcel adjacent to the Lake Worth Drainage District (LWDD) L-24 Canal to be utilized in part for a landscaped buffer. This parcel of property is located on the north side of West Boynton Beach Boulevard, east of Congress Avenue. (Cross Creek Centre) Carmen Annunziato, Director of Planning, asked the Council to recall two meetings ago, he presented to the Council a request to amend the Evaluation and Appraisal Report to add this .74 to the Future Land Use Element of the Comprehensive Plan to show it as Commercial. The reason for this was that tracts of land were being purchased by the applicant from the LWDD as a portion of the L-4 Canal right-of-way just west of the E-4. Mr. Annunziato said the request for the plan amendment in what the Council had before it would be rendered somewhat moot if the Council adopted the Evaluation and Appraisal - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Report, but the E&A Report does support it. He did not know that an Ordinance would be necessary to accomplish that change if the E&A Report would be adopted. However, Mr. Annunziato said the issue of zoning had to be addressed as this amended an about to be approved Planned Commercial Development (PCD) by adding landscaping to the site. Vice Mayor Zimmerman asked about the additional seven foot right-of-way on Boynton Beach Boulevard. At the Planning and Zoning (P&Z) meeting, Mr. Annunziato said the applicant submitted evidence which suggested that the County Traffic Engineer did not think the additional seven feet of right- of-way was necessary for Boynton Beach Boulevard in this area. Mr. Annunziato contacted the County Traffic Engineer, and he was unaware of the fact that a bike path had not been constructed on Boynton Beach Boulevard. Based on his con- versations with Mr. Walker, County Traffic Engineer, Mr. Annunziato said Mr. Walker found no fault with the City requiring the additional seven feet consisting of the thoroughfare plan. When this first came up, Mayor Cassandra recalled that the applicant showed a conceptual drawing for this PCD. At that time, they had enough land to comply with the City's zoning as far as the landscaping requirements. He read now that the applicant needs the .74 acres, of which approxi- mately 25 feet must be used for this 30 feet landscaping. He questioned why they had to use some of this to meet the City's Code requirements. Mr. Annunziato replied that this was additional landscaping. The applicant did in fact have enough area on site and did meet the landscaping require- ments of the PCD. Mr. Annunziato informed the Council that the building shifts a little bit, and they are using the canal right-of- way to meet that 25 foot requirement. Mayor Cassandra asked where the other 20 feet went to. Mr. Annunziato clarified that the applicant is utilizing the land they received from the LWDD for the landscape buffer, but they are not adding any square footage to the building. The building shifts around on the site, and they picked up some additional landscaping. He said his wording probably was not clear. Mayor Cassandra asked if anyone wished to speak in favor of the request. Kevin McGinley, President, Land Research Management, Inc., 1280 North Congress Avenue, Suite ~106, West Palm Beach, - 19 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Florida 33409, said they were getting more breathing room in the site. They are not changing anything as far as square footage or uses but are only asking for the 30 feet to be used in part as a green belt area. The landscaping and trees the Council saw on the original application will be on their property. Addressing the seven feet on Boynton Beach Boulevard, Mr. McGinley said they asked the P&Z Board to give them relief from that condition because they felt, since the Traffic Engineer said they did not need it for their additional right-of-way, which is the intent behind putting it in the thoroughfare plan, and the City's Utility Department said they did not need it for utilities, it did not need to be dedicated. Mr. McGinley called attention to the Villager Shopping Center, and said the sidewalk is abutting the curb. They do not have any room for the continuation of a bike path there. The eastern portion of their property has the E-4 Canal. If they were going to put a bike path across, on the northern side of Boynton Beach Boulevard, Mr. McGinley suggested that the bridge would also have to be widened. There are also large concrete structures of utility lines about two or three feet from the curb on the property. In all fairness, Mr. McGinley did not think a bike path could be put on the northern end of Boynton Beach Boulevard, and he asked for relief of that. Vice Mayor Zimmerman informed Mr. McGinley that there is a sidewalk on the bridge that would not be as wide as the bike path would be. It is just as wide on the north side as on the south side, so Vice Mayor Zimmerman saw no problem whatever with the bridge. He stressed that the bike path is very necessary. Mr. McGinley said they were adding a sidewalk on the plan they were now showing. They had the dedication of the seven feet, and the sidewalk will be a continuation of the side- walk which is in front of the Villager Shopping Center. Mr. Annunziato confirmed Mayor Cassandra's statement that the Council was not considering a request for a variance. They were only approving the addition of a .74 acre. Mr. McGinley believed the City staff was recommending approval of the addition as long as they met the conditions of the previously approved PCD. At the time they brought this before the Council in the summer, it was not resolved with - 20 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 the Department of Utilities or the County Traffic Engineer. Mr. McGinley said they have submitted documentation stating that neither of those agencies required the seven feet. Mayor Cassandra explained that the Council did not have any staff comments. Mr. Annunziato advised that the staff comments were not transferred because they were the same as were originally approved. However, the issue of seven feet of right-of-way was a condition of approval on the original application, which went through public hearings. Mr. Annunziato said the City staff's position is that the seven feet is necessary. There was what appear~ed to be a current need, but there are also future needs that are not substanti- ated at this point. Mr. Annunziato clarified that the County thoroughfare plan on Boynton Beach Boulevard is 120 feet. It has always been the City's policy to always require the 120 feet when shown on the County's thoroughfare plan. City Manager Cheney warned that if the Council did not require that now, they may have trouble getting it later on. It appeared to City Manager Cheney that the vote may go to require the seven feet, and Mr. McGinley was saying he would not do it. Therefore, it was all over with. Mr. McGinley clarified that he was asking for relief from the seven feet. If he does not get relief from the seven feet, he would obviously live with the wishes of the City Council. City Manager Cheney said that was what the City Attorney had been asking him to say. Mr. McGinley replied that he did not know the wish of the City Council. If the wish of the City Council is for the applicant to give the seven feet, City Manager Cheney asked if they would give the seven feet. Mr. McGinley answered, "Yes." The way it was set up, City Attorney Vance said the Council would be voting on the application. They will need a "No" or a "Yes". Mr. McGinley would either lose or win on the whole application. Should he lose, City Attorney Vance did not know what Mr. McGinley's course of action would be. iMr. McGinley asked if this could be in two parts or if it had to be in one part. At this point, City Attorney Vance thought the best Mr. McGinley could get would be an indica- tion by the individual Council members as to their feelings with respect to the seven feet. This would be prior to a vote. Mr. McGinley remarked that would be great, if he could request that. - 21 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mayor Cassandra had already made his comment known. Councilman Hester pointed out that the City Staff recommended that it stay there. Mr. McGinley withdrew his request for relief from the seven feet to deal with the issue of the .74 acres. On behalf of his client, City Attorney Vance asked if Mr. McGinley was agreeing to comply with the staff comments, including the dedication of the seven feet. Mr. McGinley answered, "Yes." Mayor Cassandra asked if anyone else wished to speak in favor of the request. There was no response. He asked if anyone wished to speak against the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to approve the request, subject to staff comments. Councilwoman Zibelli seconded the request, and the motion carried 4-1. Vice Mayor Zimmerman cast the dissenting vote and explained that he has always voted against it, particularly the rezoning. DEVELOPMENT PLANS Mr. Annunziato wished to talk about A and C at the same time and explained that one was a preliminary plat and one was a site plan. It made sense to discuss them at least in consecutive order rather than to interrupt the discussion. Vice Mayor Zimmerman moved to change the agenda so item C would precede item B. Councilman Hester seconded the motion, and the motion carried 5-0. Consider request submitted by Christopher V. Hurst, Agent for Walboyn, Inc. for approval of the construction plans and preliminary plat for Plat No. 2, which provides for the construction of infrastructure improvements to serve a 146,325 square foot shopping center. Catalina Centre is located on the west side of Congress Avenue, south of N. W. 22nd Avenue Mr. Annunziato explained the plan on the overlay and said it defined easements for utilities. The first plat of Catalina Centre, where the hotel is being built, lies directly south of and adjacent to this plat. The utilities in Plat 1 were designed to be extended northward to serve this property. Mr. Annunziato indicated the private road that would serve the north end of this project and the remainder of the Planned Unit Development (PUD) to the west. The lake is directly west of and adjacent to this property. - 22 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Consider request submitted by Sheremeta and Associates, Agent for Walboyn, Inc., for site plan approval to construct a 146,325 square foot shopping center (includ- ing two anchor stores and two leased out parcels) on 12.96 acres on the west side of Congress Avenue, south of N. W. 22nd Avenue Mr. Annunziato said the site plan has a request for shared parking. To the south are the two buildings and hotel, which is under construction. To the west is the lake. The shopping center parallels the western boundary line. The two large rectangulars that the Council saw were the two majors which would anchor the shopping center at either end. Two out parcels are not platted, and they are proposed to be leased properties as well as the shopping center proper. Mr. Annunziato said parking is to the front with access off of Congress Avenue at the two entrance roads. He informed Mayor Cassandra this is zoned C-3. In both instances the P&Z Board made recommendations to approve, subject to staff comments. However, the recommendations were not unanimous. In both instances, the vote was 5-2. Mr. Annunziato thought the negative votes referred back to the issue that occurred at the time of zoning. Mr. Annunziato continued that there were staff comments which were incorporated in the P&Z Board's recommendations in both instances. The plan received approval from the Community Appearance Board. Mayor Cassandra recalled there was a lot of hullabaloo about this piece of property because of exits and entrances that were involved. At that time, the developer showed him a beautiful plan of boutiques and a hotel. This did not look like boutiques, and it seemed to Mayor Cassandra that every- thing was changed. Mr. Annunziato thought Mayor Cassandra was correct because there was discussion about building the parking underneath and beautiful water facing the east, but the property is now zoned C-3. It was a PUD then. Mayor Cassandra believed the applicant got the change in zoning because of what they had promised the City, and he was very unhappy with those people. Mr. Annunziato reminded him that the Planning Department had recommended against the rezoning. Tom McMurrain, Vice President of Walboyn, Inc., 8132 West Glades Road, Boca Raton, Florida 33434, showed the Council - 23 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 a rendering. He said they looked at the marketplace, and stressed that you cannot compete with the mall as far as tenants. Mr. McMurrain called attention to the boutiques in front of the mall and said they cannot compete with the mall. Mr. McMurrain informed Mayor Cassandra that their two service stores are Service Merchandise and Marshall's. Mayor Cassandra asked if Marshall's was not a discount house. Mr. McMurrain answered that they sell name brands at discount prices. ~He said they were concerned because they are sitting there with a hotel that runs at $18,000,000 to $20,000,000, and they ~are going to share the entranceway with a retail shopping center. They had to come up with an idea of how they could blend the tenants in with a hotel to make it have aesthetics they cOuld be proud of and be next door to. Mr. McMurrain called attention to the fact that the roof line has different elevations. He elaborated and said they are trying to put tenants in front of their service stores so it will break up the big open space and will be continuous. Mr. McMurrain said they have to create the main~entranceway to the hotel, which ultimately intersects with Motorola. They are going to put in a Mexican fountain to give it a Spanish motif. Mr. McMurrain outlined what they will do and showed where a courtyard and landscaping will be. Instead of just having landscaping in the parking lot, they made green areas next to the buildings, They also put shops in front of Service Merchandise. Mayor Cassandra asked whether the beautiful picture of the hotel that was shown him had also changed. Mr. MCMurrain replied that it had not changed at all, and he said the hotel is almost identical to the hotel in Boca Raton on 1-95. It has the same courtyard area, etc. Mayor Cassandra asked what the distance is from Congress Avenue to their first parking stall. Mr. Annunziato advised it was five feet. Mayor Cassandra did not want to see a big parking lot but wanted to see better landscaping. He thought there should be some consideration to hide that concrete asphalt jungle. Mr. McMurrain responded that there are trees and hedges down through there. He showed where they tried to add additional trees. Mr. Annunziato advised that the hedge will be full grown and will be continuous. It will be planted two feet on center - 24 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 and will be 36 inches high at the time of planting. Mayor Cassandra asked what kind of hedge height they were talking about at full growth. Mr. McMurrain replied that they will make it whatever the Council wants. There was discussion about plants. Mayor Cassandra said it would be up to the Community Appearance Board. His concern was screening the asphalt jungle where the cars will park. In dealing with major tenants, Mr. McMurrain said what they dislike most is anything in front of them because they buy frontage. They spent three or four months negotiating with these major tenants to allow them to put stores in front of them because they were concerned with the aesthetics too. Mayor Cassandra was unhappy with the plan because of what the applicant had told him before. Mr. Annunziato suggested that a way to soften the appearance would be to add more trees on Congress Avenue. Mayor Cassandra had a problem with approving what the appli- cant wanted. Mr. McMurrain did not know what to say but thought they would try to do everything they could. City Attorney Vance interjected that it was possible the applicant might wish to go back and consult with his Landscape Archi- tects for a couple of weeks until the next meeting to see if they could possibly improve the frontage situation before the Council is asked to vote. Mr. McMurrain alluded to Mr. Annunziato's suggestion and said they would be glad to soften it with trees. He thought the Code requires them at every 40 feet, and he offered to put trees at every 20 feet. City Attorney Vance suggested that perhaps it should be postponed until the next Council meeting. Mr. McMurrain said he would rather not postpone it if he could help it. If he could give the Council something they would want as far as the landscaping, he preferred that. Mr. McMurrain explained that the applicant has a deadline with the tenants to have the center open for them, and the applicant really has to go through the process so that they can start construction. Mayor Cassandra pointed out that this was a two part request. One was for the preliminary plat and one was for the site plan. City Attorney Vance advised that technically, the applicant did have the zoning and, technically, as long as the site plan met the Code requirements, there was no legal ground for turning them down. However, he also recalled the original presentation and suggested that (1) it might be - 25 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 possible for the Council to direct the Director of Planning and the City Attorney to research the comments and state- ments made by the applicant at the time of the original rezoning to see if there were any commitments that enticed the Council to rezone the property at that time; (2) the applicant could commit at this point and time additional landscaping; or (3) there could be a postponement of two weeks to permit Mr. McMurrain to detail the additional landscaping. Those were the three viable opportunities or courses of action he could think of at the moment. Mayor Cassandra thought they were excellent recommendations. Mayor Cassandra asked what two weeks would do to the appli- cant. Mr. McMurrain replied that they could do whatever happens. It was important to them, and he stated that City Manager Cheney knew this, because they had been talking about it for the last couple of months. They have commitments with their tenants to try and get the Centre open. Vice Mayor Zimmerman called attention to the fact that it would be almost three weeks until January 6, 1987, the date of the next Council meeting. Mr. McMurrain stated that there was no intent on their part initially to come and show the Council something and not perform. At that point and time, they had not dealt with the tenants and tried to find somebody that wanted to be at that location. They know the problems the one in front of the mall has. Mr. McMurrain emphasized that they did not want to build something they would not put a tenant into. It would not be good for the City or be good for them either. They tried to find out who they could get there. From there, they tried to make it look as nice as they could. Mr. McMurrain guaranteed that when they get through with the Centre, it will be nice. Mayor Cassandra was only speaking for himself, but he leaned toward City Attorney yance's third statement to postpone this until the next Council meeting so that he could talk to the Director of Planning more in detail about his concerns to see if they could work out an acceptable plan. He expressed that he was let down because he had looked forward to what was presented to the Council previously. It would have been beneficial to the City, especially going north with private homes. Mayor Cassandra said he does not have much time to spend with the City staff, but they deal every day with this, so he would have to see what he could do on Friday. He tended to lean towards this, if it would not put the applicant in a financial bind. As City Attorney Vance - 26 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 pointed out, legally, the City could not do anything either, but Mayor Cassandra was positive the applicant wanted to become a good person in Boynton Beach. From what Councilman Hester understood, Mr. McMurrain was willing to commit that they will put more landscape. He questioned whether they could get him somehow to commit to that and make it a part of the approval. City Attorney Vance answered affirmatively and advised that Mr. McMurrain could get specific at this point and time as to the addi- tional amount of landscaping that he is willing to put in. City Manager Cheney reminded the Council that Mr. McMurrain said he would double the trees. Mayor Cassandra's concern was that the City had been burned, and he alluded to the project that promised Leisureville they would build a beautiful berm. Three years later, it is finally there. Mr. McMurrain made a commitment that they would put trees on twenty foot centers or, if the Council preferred, he would put them on fifteen foot centers, as long as they put something there of a certain height the City wants. They want to make it nice. Councilman Marchese asked what kind of trees they were talking about. Mr. McMurrain replied that they will put a native Oak, Mahogany, or whatever the Council wants. If the approval turns out that the applicant will put additional tree landscaping, Mr. Annunziato preferred that the Council relay that information, to be consistent with the approval of the City Forester. He explained. Vice Mayor Zimmerman commented that he would have to vote "No" on the project, regardless of how nice they make it look. He voted against the rezoning situation when it came up and, to be consistent, he thought he was obligated to vote "No" again. Councilwoman Zibelli saw no problem with it, as long as the City Forester knows what type of trees they will be. Mayor Cassandra again expressed that he was not happy with a five foot berm off of the right-of-way and wanted to see more depth in the landscaping. He knew they had a problem with time sharing but thought they had around 71 spaces in excess of the 10% factor. Mayor Cassandra saw that they would have a whole line of cars five feet away from people walking, if they would be walking there. Mr. McMurrain understood what Mayor Cassandra was saying and called attention to a big area in front of their - 27 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 building. They put landscaping in there, thinking that would help soften the buildings. They tried to do what they could to make the buildings softer with trees. He showed where they would run Palms to help soften that. Mayor Cassandra gathered that Mr. McMurrain was saying they could not give up parking spaces. Mr. McMurrain showed on the plan that it would be hard for them. If they would, it would be a lot of spaces. City Manager Cheney pointed out that the applicant has a solid hedge up front. Between the hedge and the pavement, there is the curb, a six foot sidewalk, and a ~olid hedge with trees every twenty feet and then the parking. Mayor Cassandra commented that the Promenade, in front of the mall, has a lot of empty stores, which are of a boutique character. He gathered that they were of the same character that Mr. McMurrain basically would put up. Mr. McMurrain responded that you cannot compete with the mall. The mall is a power house. It was not Mayor Cassandra's job to talk about the market, yet they would be putting in the same type of stores as the Promenade. He asked if Mr. McMurrain was saying he would have full commitment to all of the tenants in the stores. Mr. McMurrain replied that they will not have full commit- ment to all of them. The first thing they had to do was get their two majors, and those two majors are absolutely com- mitted. From there, all of the other people fall in line. City Manager Cheney asked what kind of people Mr. McMurrain thought they would get. Mr. McMurrain answered, "Shoe stores, a wicker shop, and more household type things." He offered to give the names. Mr. Annunziato cautioned the Council against approaching the theoretical surplus and thought Mr. McMurrain really needed to build in the buffer. Mayor Cassandra gathered it would be in the minutes about the landscaping, and he asked City Attorney Vance if he would have to ask Mr. McMurrain again. City Attorney Vance thought Mr. McMurrain had stated it very clearly on the trees. He asked Mr. McMurrain if it was the site plan he was requesting approval of and if he had amended the same. Mr. McMurrain replied that was true. - 28 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Preliminary Plat Councilman Hester moved to approve the preliminary plat for Catalina Centre, seconded by Councilwoman Zibelli. Motion carried 3-2. Mayor Cassandra and Vice Mayor Zimmerman voted against the motion. Site Plan Councilman Marchese moved to approve the site plan for Catalina Centre, seconded by Councilman Hester. Motion carried 3-2. Mayor Cassandra and Vice Mayor Zimmerman voted against the motion. THE COUNCIL TOOK A BREAK AT 9:05 P. M. AT 9:15 P. M. THE MEETING RESUMED Be Consider request submitted by George W. Zimmerman, Agent for Deutsch-Ireland Properties for approval of the master lighting plan for the public and private rights- of-way within the Quantum Park Planned Industrial Development, Which is located on the west side of Inter- state 95, between the Boynton Canal and Miner Road extended (Quantum Park) Mr. Annunziato said this is a follow up to the approval of the preliminary plats for Quantum Park. The applicant requested to light the public and private rights-of-way with metal halide lighting. An extensive discussion took place at the Planning and Zoning Board meeting covering the following issues: Consistency with the Comprehensive Plan, as the City has Comprehensive Plan policies concerning kinds of energy efficient lighting to be used in public and private rights-of-way in new development. 2. The desirability of changing the Comprehensive Plan to allow for energy efficient lighting. 3. The problems associated with private lighting systems in public rights-of-way. 4. The approval of the Quantum system as submitted. City Manager Cheney interrupted to say he was not at the P&Z meeting but was asked that Mr. Annunziato include in his report a lot of the procedural discussion that took up some - 29 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 time, he gathered, at the P&Z Board meeting. He was referring to the discussion of the sequence of when the Comprehensive Plan should be amended and when the approval should be done, so the City will not end up skipping a step along the way for some reason. With reference to the first item, Mr. Annunziato said the sense of the Board was that this request was not consistent with the Comprehensive Plan. He believed the sense of the Board was also a desire to amend the Plan in a form which would allow other kinds of energy efficient lighting and then leave it up to the applicant and action of the City Council in the approval of plans. Mr. Annunziato formed recommendations for the P&Z Board to do that. Mr. Annunziato said the upshot of it all was the recommen- dation to approve the plan as submitted without the issues of the Comprehensive Plan consistency being addressed. He believed the sense of the Board was to allow the metal halide requested by the applicant. Mr. Annunziato thought that was obvious from the motion that was made and subsequently approved by the P&Z Board but thought there was confusion as to how to get there from here. At this point, Mr. Annunziato recommended two things the Council should do: Table the request until the next Council meeting to allow the City staff to explore some of the idiosyncrasies of the request, perhaps concerning what it means to have a private lighting system in the public rights-of-way. Take up the issue of allowing the opportunity for other energy efficient lighting as a substitute or an addition to high pressure sodium or low pressure sodium in the Comprehensive Plan policies later on in the agenda under 2nd reading of Ordinances in the public hearing on approval of the E&A Report and include language which will allow for alternate energy efficiency systems for lighting. Mr. Annunziato thought that accommodated the sense of the Board and perhaps would put the City in the position to be a little more flexible with respect to the kinds of lighting that are provided. The reason they thought it was a Comprehensive Plan issue was because when you account for the amount of vacant land Quantum Park consumes in the City, you see that when they are exceeding 20% of all the - 30 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 remaining vacant land, it does not make sense to have two different sets of policies (one for Quantum and one for the City). That is the sense of the P&Z Board. The Technical Review Board (TRB), reacting to previous requirements and the knowledge of energy problems, did recommend to the P&Z Board that the high pressure sodium be continued, but Mr. Annunziato did not believe it was the sense of the Board that it was a policy they wished to continue. George Zimmerman, Vice President of the Development for Deutsch-Ireland Properties, Quantum Park, 2455 East Sunrise Boulevard, Suite 1106, Fort Lauderdale, Florida 33304, said there were a couple of issues he wanted to address: (1) He did not see why this had to be a Comprehensive Plan issue when metal halide lighting had been approved for other developments, and it did not seem to be a Comprehensive Plan issue in those instances. (2) He directed the Council's attention to the memo dated December 4, 1986 from Mr. Annunziato to the P&Z Board. In the memo, Mr. Annunziato quoted two sections of the Compre- hensive plan that made him believe it was a Comprehensive Plan issue. Mr. Zimmerman read the two sections, because he thought they fell within the guidelines of the issues. (A copy of said memo is attached to the original copy of these minutes.) With reference to "82-18 3.9.3.2.13," (the last para- graph on page 1 of Mr. Annunziato's memo), Mr. Zimmerman emphasized "conversion". He read, "Also recommend the incorporation of high and low pressure sodium fixtures, where appropriate. . ." and thought they came under the consider- ation of "where appropriate". He read the remainder of the paragraph. Mr. Zimmerman said they initially submitted the lighting plan for preliminary review on August 15th. From that date, they clearly indicated that this was going to be a private lighting system within a public right-of-way and within private roadways, and that Quantum Associates was going to build the system, pay the utility bill for its operation, and pay for the complete maintenance of the installation. Mr. Zimmerman thought that set them into a category where this may be an appropriate use of other lighting where the - 31 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 real detrimental effects of using something other than sodium vapor would: 1) be detrimental to the City because Florida Power and Light Company (FP&L) will not maintain it unless it is high pressure sodium. ~They would relieve the City of that burden by the fact it is a private system. 2) They are paying the energy bill, not the City of Boynton Beach. Mr. Zimmerman read the first paragraph on page 2 of Mr. Annunziato's memo. What this said to him was that FP&L decided that high pressure sodium was the way to go. In the statement of what needs to be done, the applicant felt it said that energy efficiency lighting is what is required. Mr. Zimmerman showed the Council a chart that talked about the efficiency of various kinds of light. Based on comments by the Engineer when they went through the TRB at the time the energy policy was made, the City of Boynton Beach got primarily incandescent light. They were talking about a 250 watt lamp or a 300 watt incandescent lamp. He showed that the efficiency rating of that lamp was 20 illuminants per watt. That was the basic lighting in the City at the time the policy was established. The chart was from a book talking about metal halide, so high pressure sodium was not listed. Mr. Zimmerman said high pressure sodium provides 110 illuminants per watt. The bulb they are talking about provides 92 illuminants per watt. Mr. Zimmerman showed that they were in the high range of high efficiency lighting, and he thought that was the important consideration with respect to these items out of the Comprehensive Plan. Mr. Zimmerman told Mayor Cassandra there is no Comprehensive Plan statement. The line he had drawn on the chart was what a high pressure sodium lamp delivers. The chart was out of a book on the metal arc lamp they were proposing, so the comparison was not there. Mr. Zimmerman wanted the Council to get a feel for the comparative level of efficiency of the high pressure sodium to the metal arc lamp they are pro- viding. With the comments out front illustrating why he did not think this was a Comprehensive Plan issue and why he believed they were meeting the high energy efficiency requirements of - 32 - MINUTES - CITY COUNCIL MEETING BOYI~TON BEACH, FLORIDA DECEMBER 16, 1986 the Comprehensive Plan and the fact that they initially started the procedure on August 15 with no change in policy from that time, talked in preliminary meetings and all along that this was exactly what they proposed, Mr. Zimmerman said they were now down at the point where the preliminary plats have gone through, and they were ready to submit their final plats and get underway. For the last four months, they were told this was an issue that the Council had to resolve because high pressure sodium is the light the City uses. For those reasons, Mr. Zimmerman wanted the Council to resolve it, as they wanted very much to move forward to use the metal halide lamps. City Attorney Vance asked if this would be a system that the applicant would install and if it would be a private system. Mr. Zimmerman answered that was correct. City Attorney Vance questioned whether any of it would be installed on public rights-of-way. Mr. Zimmerman replied that they would be. City Attorney Vance asked if the applicant would have any problems with providing a substantial insurance policy to cover those light fixtures that are installed in the public rights-of-way. Mr. Zimmerman asked from what standpoint of insurance, and City Attorney Vance confirmed that he meant liability insurance. Mr. Zimmerman asked what was substan- tial. City Attorney Vance thought in today's age, they should have something in the range of $10,000,000. From the standpoint of liability insurance, Mr. Zimmerman asked about co-naming the City of Boynton Beach. The Property Owners' Association will ultimately control the lighting system, and they obviously will insure themselves against any liability that might occur. City Attorney Vance said it would be acceptable to have the City co-named on that policy. Mr. Zimmerman thought that was something that could happen. City Attorney Vance said "could happen" was not quite an answer. Mr. Zimmerman changed his answer to "Yes, $10,000,000." City Attorney Vance said he was pulling the $10,000,000 number out of the air for the Council's benefit. At this stage of the game, Mr. Zimmerman said he was saying. "Yes, at $10,000,000" without being able to go to an insurance company to have them write the policy. If they are unable to provide that, he said they would have to come back to the Council and talk some more. - 33 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 City Attorney Vance advised there was an alternative. A hold harmless agreement could be properly executed by a responsible company. Mr. Zimmerman saw no difficulty with the hold harmless agreement. He emphasized that he needed better advice on that, but he was willing to stipulate this evening that they would go along with those requirements. If they find they cannot live with those requirements because of his limited knowledge, Mr. Zimmerman said they will be back before the Council either asking for relief or changing the lighting system back to the system FP&L would provide for free. City Manager Cheney noticed Mr. Deutsch and Mr. Zimmerman were having some discussion that might have some bearing. Mr. Zimmerman thought they could leave it as he stated (either insurance in the $10,000,000 figure, if the Council f:elt that was appropriate, or a hold harmless that they will pursue). Mr. Zimmerman commented that they were caught off guard on this, but they understood.t~e Council's con- cerns and would try to meet them. City Manager Cheney said Mr. Annunziato suggested that maybe they should hold off the issue of private/public street lighting until another meeting. If they were going to, then there were some questions they could relate. If they were going to end up settling it tonight, there were some other questions he wanted to get into. Mayor Cassandra also had questions. City Attorney Vance informed the Council that he simply pulled a number out of the air by reading the daily news- papers. He had no other basis for it. Mechanically, Mayor Cassandra recommended an amendment of the Comprehensive Plan before the Council tonight. Technically, if the Council wished to move ahead, City Attorney Vance said it might be possible to postpone this item until after the adoption of the Comprehensive Plan Ordinance and then bring it up again. He was merely presenting to the Council the alternatives that were available. It was Mr. Zimmerman's intention to originally ask that this be delayed until that time, if they felt the sense that the Comprehensive Plan needed to be changed in order to resolve this. However, this came up at the P&Z Board meeting, and he made a presentation. On the City's behalf, Mr. Zimmerman said the Comprehensive Plan has a purpose for street lighting that 99 out of 100 times is provided, maintained, and paid for by the City of Boynton Beach. Based on the fact that - 34 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 FP&L will only maintain the high pressure sodium, the revision to the Comprehensive Plan may not be an appropriate avenue for the City. Unfortunately, City Attorney Vance said the language in the Comprehensive Plan is rather broad. It does not relate to what is probably reality as Mr. Zimmerman was describing it, but it is quite broad as support. Therefore, City Attorney Vance thought Mr. Annunziato's suggestion should be followed. Mr. Zimmerman had no objection to delaying this until after the Comprehensive Plan discussion. That would have been Mayor Cassandra's recommendation. He was very concerned that the Council of the City of Boynton Beach not start voting on something inconsistent with the Comprehensive Plan unless there was a recommendation to change the Comprehensive Plan. Then they could make the applicant consistent. Mayor Cassandra was surprised that the P&Z Board would vote for something that was inconsistent, but Mr. Annunziato implied that they realized and wanted to correct that. It worried Mayor Cassandra because he did not want the City to fall into the category of voting in things that are incon- sistent. If the Comprehensive Plan has to be changed, he said then the City should change it. Mr. Zimmerman thought there was an honest difference of opinion on whether or not this was consistent with the Comprehensive Plan. He thought it could be seen as being consistent with the Comprehensive Plan because they were an acceptable situation where it was not appropriate to have high pressure sodium under the language of the Comprehensive Plan. and they are also high efficiency lighting. Mr. Zimmerman said Mr. Annunziato's view was that the language actually mentions sodium vapor lights. Therefore, to be on the conservative side, it should be high pressure sodium. Mr. Zimmerman said he would yield to postponing until they got to that issue. His only plea was that they not put it off, based on a number of other things. Mayor Cassandra clarified that Mr. Zimmerman wanted to post- pone it until a later time tonight. He asked Mr. Zimmerman to suppose the Council was not in agreement with Mr. Annunziato's recommendation about the Comprehensive Plan. Then towards the end of the meeting, Mr. Zimmerman said he would like to come up again and ask the Council to approve - 35 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 this lighting plan and the use of metal halide light as being consistent with the Comprehensive Plan, as the applicant believed it was. As many times as Mr. Zimmerman had been before the Council, Mayor Cassandra recalled that he also went through a beauti- ful demonstration of what would be on that 540 acres. He had been up here subsequent times changing it, but Mayor Cassandra admitted that he did not remember lighting being the reason why Mr. Zimmerman had come before the Council. He recollected that Mr. Zimmerman came up to change his com- mercial property and for land changes. Mr. Zimmerman responded that it was not to the Council. They had been to the TRB, and some of Mr. Annunziato's com- ments were to hold off, so they could look at the issues some more. They spent four months looking at them. Mr. Zimmerman agreed that he had not been before the Council on lighting. Councilman Marchese asked what the objection to high pressure sodium vapor was. Mr. Zimmerman answered the color and quality of the light. He referred to the sheet, where it said the quality of the metal halide light far exceeds high pressure sodium because of the white light in the spectrum ~f the light. Mr. Zimmerman said they are putting in $2,000,000 worth of landscaping in the rights-of-way, and the high pressure sodium washes the landscaping out, and the metal halide emphasizes it. All of the blue and white spectrums of light are much higher in the metal halide. There was discussion about postponing this until later on in the agenda. Mr. Zimmerman requested that they talk about it in conjunction with the Comprehensive Plan and simultaneously with item "LEGAL, A, 11" on the agenda. It would be a public hearing, and Mayor Cassandra informed him he could speak. Vice Mayor Zimmerman made a motion to move discussion ofv this item to be with item "LEGAL, A, 11" on the agenda. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. (See page 56 for continuation.) LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING City Attorney Vance noticed the Ordinances were out of order on the agenda and asked if they could go to items 13, 14, - 36 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 and 15, and then move to item 1. This was agreeable with the Council. 13. Proposed Ordinance No. 86-40 Diaz Property Re: Annexation - City Attorney Vance read proposed Ordinance No. 86-40 on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL 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 PETITION OF THE OWNER OF SAID TRACT OF LAND REQUESTING ANNEXATION PURSUANT TO 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 ~ND 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 Cassandra asked if anyone wished to speak in favor or against proposed Ordinance 86-40. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to adopt proposed Ordinance No. 86-40 on second and final reading. Councilwoman Zibelli seconded the motion. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Motion carried 4-1. No Aye Aye Aye Aye 14. Proposed Ordinance No. 86-41 Briscoe Property Re: Annexation - Attorney Vance read proposed Ordinance No. 86-41 on second and final reading, by title only: - 37 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 "AN ORDINANCE OF THE CITY COUNCIL 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 PETITION OF THE OWNER OF SAID TRACT OF LAND REQUESTING ANNEXATION PURSUANT TO 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 uDVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING THORIT¥ T6 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 Cassandra asked if anyone wished to speak in favor or against proposed Ordinance No. 86-41. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilwoman Zibelli moved that proposed Ordinance No. 86-41 be adopt:ed on second and final reading, seconded by Councilman Hester. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 5-0. Aye Aye Aye Aye Aye 15. Proposed Ordinance No. 86-42 Re: Special Retail Promotions at Regional Malls ....... TABLED City Manager Cheney requested that this be left on the table. Proposed Ordinance No. 86-44 Diaz Property Re: Rezoning - City Attorney Vance read proposed Ordinance No. 86-44 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 - 38 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor or against the proposed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved, seconded by Councilman Hester, to approve proposed Ordinance No. 86-44 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Aye Aye No Aye Aye Motion carried 4-1. Proposed Ordinance No. 86-45 Briscoe Property Re: Rezoning - City Attorney Vance read proposed Ordinance No. 86-45 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 ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED TO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL DISTRICT); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra said anyone wishing to speak in favor or against proposed Ordinance No. 86-45 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved, seconded by Vice Mayor Zimmerman, to adopt Ordinance No. 86-45 on second and final reading. Mrs. Boroni took a roll call vote on the motion: - 39 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 86-46 Re: Rezoning - Cross Creek Center City Attorney Vance read proposed Ordinance No. 86-46 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-3 (MULTIPLE FAMILY DWELLING DISTRICT) TO PCD (PLANNED COMMERCIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Cassandra asked if anyone wished to speak in favor or against proposed Ordinance No. 86-46. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved, seconded by Councilwoman Zibelli, to adopt proposed Ordinance No. 86-46 on second and final reading. A roll call vote on the motion was taken by Mrs. Boroni: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra No Aye Aye Aye Aye Motion carried 4-1. 4. Proposed Ordinance No. 86-47 Re: Rezoning - ~igh Ridge Center Based upon the ruling of the Board of Adjustment, City Attorney Vance informed the Council that this item should be deleted from the agenda. He advised that the Council could not vote on this because there was no variance from the Board of Adjustment. Councilman Hester moved, seconded by Councilwoman Zibelli, to DELETE this item from the agenda. Motion carried 5-0. - 40 - MINUTES'- CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mayor Cassandra explained to Mr. Ben Uleck that he was not called up to speak because this item was deleted from the agenda. Proposed Ordinance No. 86-48 PCD Center Re: Rezoning - City Attorney Vance read proposed Ordinance No. 86-48 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 RECREATION (REC) TO PLANNED COMMERCIAL DEVELOPMENT DISTRICT (PCD), SAID~PARCEL BEING MORE PARTICU- LARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." City Manager Cheney said this piece of land is the Fraternal Order of Police (FOP) property. He raised the question as to whether this Should be acted upon because they have not gone through with the land swap between the City and Deutsch- Ireland yet, and the City has ai restriction with the County. City Manager Cheney did not think the City wanted to get this rezoned for something else, before they know they will use it for something else. City Attorney Vance recommended that proposed Ordinance No. 86-48 be continued for a period of at least thirty days. Mayor Cassandra asked if January 20, 1987 would be adequate time. City Attorney Vance said it would depend on the County Commission. City Manager Cheney thought they had a problem. iMr George W. Zimmerman, Vice President of Development, iQuantum Park, 2455 East Sunrise Boulevard, Suite 1106, Fort ILauderdale, Florida 33304, asked if they could be heard on the issue. Since it was advertised as a public hearing, IMayor Cassandra thought they could continue it and then they iwould not hear it again January 20th. He tOld Mr. Zimmerman ithey could hear him now. iMr. Zimmerman wanted to indicate that they have been !proceeding. One of the preliminary plats that was approved iwas the preliminary plat on the parcel with the contemplation ithat it would be rezoned in this process and that they would igo through with the land exchange between Quantum Associates MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 and the City of Boynton Beach. At this point, if they did have rezoned property, based on the conditions of this land exchange that both sides worked on, Mr. Zimmerman said the exchange could not be consummated, and they could not plat for land. City Attorney Vance informed him that no one was contemplat- ing that it not go through. The City just felt that it might be awkward if they rezone it before they ask the County to reverse its reverter clause. Mr. Zimmerman did not think that the County was in the dark. As a matter of fact, their Attorney has been working with them for about three months on a procedure to get that reverter clause released. City Manager Cheney stated that he could not sit there and tell Mr. Zimmerman that the exchange will go through because the Council had not approved it, and the FOP is not done. Therefore, he could not say they had to zone it. Secondly, the City's Attorney had some questions he raised with Mr. Zimmerman's Attorney relative to the procedure that Attorney David S. Pressly suggested (that it go into County ownership). City Manager Cheney did not want to say the City was not going to do it, but he had a problem doing it this way. Steven W. Deutsch, Esq., Deutsch-Ireland Properties, asked if it would be possible to pass on the rezoning, subject to conditions, i.e. release of that reverter. City Attorney Vance replied, "No," and added that there is no such thing as conditional rezoning. The Council could continue it until the next regular meeting (January 6, 1987) and then continue it again if need be. Mayor Cassandra asked if anyone wished kO speak in favor of proposed Ordinance No. 86-48. There was no response. Mayor Cassandra asked if anyone wished to speak against proposed Ordinance No. 86-48. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Mayor Zimmerman moved to CONTINUE the discussion of proposed Ordinance No. 86-48 until January 20, 1987 on or about 8:00 P. M. Councilman Hester seconded the motion, and the motion carried 5-0. Proposed Ordinance No. 86-49 Element - Diaz Property Re: Land Use City Attorney Vance read proposed Ordinance No. 86-49 on second and final reading, by title only: - 42 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 "AN ORDINANCE OF THE CITY COUNCIL 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 SIMULTAiqE- OUSL¥~ HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; PROVID- ING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" City Attorney Vance said anyone wishing to speak in favor or against proposed Ordinance No. 86'49 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman Marchese moved to adopt proposed Ordinance No. 86-49 on second and final reading, seconded by Councilman Hester. A roll call vote was taken on the motion by Mrs. Boroni: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Motion carried 4-1. Aye Proposed Ordinance No. 86-50 Briscoe Property Re: Land Use Element - City Attorney Vance read proposed Ordinance No. 86-50 on second and final reading, by title only: "~q ORDINANCE OF THE CITY COUNCIL 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 SIMULTANE- OUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN- AFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO CITY OF BOYNTON BEACH LOCAL RETAIL COMMERCIAL; PROVIDING A SAVINGS CLAUSE; REPEAL- ING PROVISIONS; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak for or against proposed Ordinance No. 86-50. There was no response. THE PUBLIC HEARING WAS CLOSED. - 43 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Councilman Hester moved to adopt Ordinance No. 86-50 on second and final reading, seconded by Councilwoman Zibelli. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Aye Aye Aye Aye Aye Motion carried 5-0. 8. Proposed Ordinance No. 86-51 Re: Land Use Element Cross Creek Center City Attorney Vance read proposed Ordinance No. 86-51 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL 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 AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM HIGH DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES " Mayor Cassandra said anyone wishing to speak in favor or against proposed Ordinance 86-51 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilwoman Zibelli moved to adopt proposed Ordinance No. 86-51 on second and final reading, seconded by Councilman Hester. A roll call vote on the motion was taken by Mrs. Boroni, as follows: Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra No Aye Aye Aye Aye Motion carried 4-1. - 44 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Proposed Ordinance No. 86-52 High Ridge Center Re: Land U~e Element - City Attorney Vance believed it was the recommendation of the Planning department that he proceed with the reading of proposed Ordinance No. 86-52, which would change the land use designation to the only possible land use designation in this area. Mayor Cassandra asked if that would be in contradiction to not reading the rezoning of High Ridge Center. City Attorney Vance answered, "No." City Attorney Vance read proposed Ordinance No. 86-52 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL 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 AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL TO INDUSTRIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra asked if anyone wished to speak in favor of proposed Ordinance No. 86-52. Roy Barden recommended approval for it, as conforming to the Land Use Plan, having previously been approved by the P&Z Board and last year by the Council. A"--no one else wished to speak in favor of the proposed Ordinance, Mayor Cassandra asked if anyone wished to speak against the proposed Ordinance. Ben Uleck, 1507 S. W. 17th Avenue, referred to the Board of Adjustment meeting on December 8th. Vice Mayor Zimmerman said he was at the meeting, and the variance asked for there was to allow the acreage for a Planned Industrial Development (PID) to be extended. 25 acres were required in the Ordinance, so they wanted a variance for the 14 and some acres. He informed Mr. Uleck that was what the Board of Adjustment denied, and it had nothing to do with rezoning. Vice Mayor Zimmerman continued that this was considering a change in the Comprehensive Plan to allow it to be zoned M-1. City Manager Cheney clarified that all the Board of Adjustment denied them was the variance. Mr. Uleck with- drew his objection. - 45 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 As no one else wished to speak against the proposed Ordinance, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-52 on second and final reading. Councilman Marchese seconded the motion. Mayor Cassandra asked how they could hold any applicant to a PID type language when they zone it M-1. City Attorney Vance replied that they cannot. That was why the applicant's variance application was made. The applicant would have referred to do a PID. Mayor Cassandra read the last paragraph of Mr. ~_nnunziato's memo of December 10, 1986: "This language will allow the applicant to proceed with rezoning the parcel to M-1 Light Industrial, but allow the City to impose the site design and use requirements that would have been placed on the property, if it were zoned to a PID." Mr. Annunziato advised that the ew and revised Chapter 163 of the State Statutes provides -~or the issuance of land development orders with conditions. H~storically, unless you had a planned development, it was difficult to impose site restrictions unless the applicant more or less agreed to them. Mr. Annunziato continued that City Attorney Vance was absolutely correct. The revised language in Chapter 163, which has not been tried, offers a broad opportunity for elected officials to impose conditions on any land develop- ment order. City Attorney Vance advised that they could not require a PID, but the language was amended in the new G~owth Management Act. There has been no Court case to this day. Theoretically, it says you can impose conditions. City Attorney Vance's guess was that language would probably ~e upheld, but the Statute is. so new, no one has made it to the Appellate Court yet to find out if it is valid language. City Manager Cheney interjected that at the end of the Board of Adjustment meeting, Mr. Barden and his client, the property owner, both said that they would continue to develop this piece of land in the M-1 zone the same way they would develop it if it was zoned as a PID. Mayor Cassandra recalled that Max Schorr originally had hard 'eelings about driveways, cuts, and everything else that was imposed upon him before the PID. He had the feeling that if M-1 was approved, those same commitments would not be there unless Mr. Barden would agree to the same constraints of a PID. - 46 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mr. Barden appreciated the concerns of the Council and said they would acknowledge them and knew what they are, having gone through it with the PID. If the City imposes conditions at the time they submit the rezoning application, which they intend to do, there was no question that they would comply with those conditions. City Attorney Vance thought Mr. Barden had answered what he was looking for, but he condition- ed it upon the City imposing the conditions at the time they come in for rezoning, which he was sure the City will do. Mayor Cassandra remarked that they went through this ten acre piece of land problem surrounded by a PID, and he would hate to see a lot of concrete go up there. Mr. Barden replied that it is appropriate for industrial land use and development. Mrs. Boroni took a roll call vote on Vice Mayor Zimmerman's motion: Councilman Hester Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Aye Motion carried 5-0. 10. Proposed Ordinance No. 86-53 Re: Land Use Element - Planned Commercial Development (PCD) Center Mayor Cassandra asked if they should hold off on this Ordinance. City Manager Cheney replied that they had to go ahead with it because it had to be done in sixty days. If something happens, he said they could always amend the Land Use Plan again. If they did not do it in sixty days, they would eliminate the options of the land swap later on. City Manager Cheney confirmed Mayor Cassandra's statement that they want to change the Land Use to PCD and explained that they are preparing for what they think they will have. City Attorney Vance read proposed Ordinance No. 86-53 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL 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 AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; - 47 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 SAID LAND USE DESIGNATION IS BEING CHANGED FROM RECREATION TO OFFICE AND COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Mayor Cassandra announced that anyone wishing to speak in favor or against proposed Ordinance No. 86-53 could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilwoman Zibelli moved to adopt proposed Ordinance No. 86-53 on second and final reading. Councilman Marchese seconded the motion. A roll call vote on the motion was taken by Mrs. Boroni: Councilman Marchese Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Motion carried 5-0. Aye Aye Aye Aye Aye 11. Proposed Ordinance No. 86-54 Re: Adopting Evaluation and Appraisal Report City Attorney Vance read proposed Ordinance No. 86-54 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING AN EVALUATION AND APPRAISAL REPORT REGARDING SAID PLAN; PROVIDING THAT A COPY OF THE EVALUATION AND APPRAISAL REPORT WHICH IS ATTACHED HERETO BE INCORPORATED HEREIN BY REFERENCE; PROVIDING A CONFLICTS CLAUSE, A SEVER- ABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" If the City saw fit to amend the language with respect to sodium lights, City Attorney Vance believed Mr. Annunziato had suggested language. Mr. Annunziato advised the Council that there were two items they needed to talk about with respect to this second and final public hearing and the E&A Report. He said they could do the lighting first. Mr. Annunziato called attention to the last paragraph on page 1 of his memo of December 4, 1986 and said on page 225 of the Comprehensive Plan, there are some policies which - 48 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 have specific language in them. Those policies were quoted in his memo. Mr. Annunziato believed they could add language such as, "or other energy efficient lighting", to the language in 13, quoted on page 1 of his memo. He thought that would accommodate high pressure sodium, low pressure sodum, metal halide and energy efficient lighting if a new light comes out in the next year or the year after. Mayor Cassandra recalled a conference on energy efficient lighting, what Mr. Zimmerman brought out relative to the square footage of lights, and wondered if they had a reference. Mr. Annunziato answered that they say, "sodium vapor lamps or other energy efficient lighting." He thought that language would set the high pressure sodium with the low pressure sodium as a reference point. Mayor Cassandra agreed that when Mr. Annunziato made the first reference to sodium vapor, that set up a standard. "Other energy effici- ent lighting" would be either compared to that or higher than that, but Mayor Cassandra did not see lower than that. Mr. Annunziato explained that the City does not have lighting experts on its staff, but they know the accepted standard in Palm Beach County, South Florida, and probably the United States is high pressure sodium as energy efficient. He elaborated and said this will allow the TRB to work with the P&Z Board and the City Council. The Council will receive recommendations whether or not, in the opinion of the City Staff and the P&Z Board, it is energy efficient. There are not that many forms of lighting which are considered to be energy efficient. City Attorney Vance thought the language suggested by Mr. Annunziato was adequate to handle this situation and probably any situation the City will encounter. It does not have to be quite as efficient as sodium vapor. City Attorney Vance thought it was reasonably broad language. Mayor Cassandra's concern was the bottom line, and he wondered where they would stop. Mr. Annunziato replied that the City would have to make a determination of whether the request was consistent with the Comprehensive Plan. City Manager Cheney interjected that right now, mercury halide is generally considerd inefficient in the lighting profession, not because of the percentage but because it is in that range. In the future, if something else is on the market, City Manager Cheney said they will have to judge it with the - 49 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, .1986 electric lighting professionals as to whether it is con- sidered that. At the moment, because the City mentions sodium vapor, they have no basis to interpret that. If they put in "energy efficient", they will have a basis to interpret it, and they will have to justify that interpretation with professionals in the lighting field. City Attorney Vance thought the language would give the TRB the ability to evaluate other systems besides sodium vapor, and the Council will have a shot at it when it gets to them. Mayor Cassandra asked whether they felt comfortable that they would not have to change the Comprehensive Plan if another Mr. Zimmerman comes up. At that time, Mr. Annunziato thought they would have an opportunity to interpret policy. Here, there was no opportunity, as he saw it. Mr. Annunziato said the second item of concern was as a -~esult of the action taken by the Board of Adjustment. There was language in the Comprehensive Plan under Area 49, "Unincorporated parts of the southwest corner lying below -nd extended to High Ridge Road." The Planning Department recommended that these properties be developed as PIDs. Obviously, in light of the action taken by the Board of Adjustment, that policy cannot be furthered. From the Staff's point of view, Mr. Annunziato said the preferred form of development is a PID, although they knew they had a problem with lot sizes. Mayor Cassandra asked if the City had any more such lots. Mr. Annunziato answered that the one to the west might be 20 acres. Mayor Cassandra asked if this language would take care of that. Mr. Annunziato replied that was the intent. He explained that they would not have to go to the BOA to be a PID because they would meet the size criteria. If they do not meet the ~ize criteria, Mr. Annunziato did not think there would be any criteria. There were further comments. Mayor Cassandra asked if anyone wished to speak in favor of the proposed Ordinance. Robert Griffith, Esq., P. O. Box 8148, Lantana, Florida 33462, one of the owners of Lots 8-18 and Lots 20-24, Lake- side Gardens on Dimick Road, said the property was purchased back in 1973. At the time it was purchased, it was in the City of Boynton Beach and zoned Commercial. That was the reason the property was purchased. Attorney Griffith informed Mayor Cassandra that the property is east of U. S. 1, - 50 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 north of Dimick Road, and lies between where the Hypoluxo Marina is. Attorney Griffith said there was a reading of the Ordinance at a meeting previous to this. Under the law, he understood that no notice now goes to the property owners when these things are involved. This puts people in a bad light because someone has to tell them, or they have to see an ad in the paper that zoning changes are about to happen. Attorney Griffith thought that was a poor way of handling the changing of zoning properties. He knew it was because of the way the law now is. Attorney Griffith thought adjoining property owners still should be notified. In 1973, they purchased the property next to Mr. Smith's property. Mr. Smith owns Lake City Trailer Park. Without knowing it, the property was later rezoned from C-3 to R-1AA in about 1980. They had the property sold in either late 1979 or early 1980, and it was being developed for a Holiday Inn. The person that owned the certificate from Holiday Inn to develop it ran into problems because of high interest rates, and the finance company withdrew their support after the plans were drawn, so the sale fell through. Attorney Griffith said they have owned the property for 13 years and have had it on the market, but there are no buyers because for six or seven years, it has been zoned R-1AA. He said it is not a land that could ever be developed for that purpose. It is next to the trailer park, and the trailer park is next to a marina. Attorney Griffith said in the comment made by the Planning Department, it was stated that this property basically should be zoned R-3 now, which is multi-family because the same property to the north of the marina, in the Town of Hypoluxo, had a like zoning, and it was successful. He agreed that property has a like zoning but said it certainly has not been successful. It has been there six or seven years, is only partially developed, and is in financial difficulty. Also, it is a 1,500 foot piece of property running east of U. S. 1 and north of the Hypoluxo Marina. They built in their own buffer by making a 150 foot recreation area with tennis courts and vacant land between that property and the Hypoluxo Marina. What Attorney Griffith would like to do (and Mr. Smith said he would also join), would be to have some gradation of this against the marina, which has been objectionable. They have - 51 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 enough property that they would like to see part of this land zoned to something that would Permit that type of use and shade it down to R-3. For the City's benefit, Attorney Griffith did not think a trailer park gave a good tax base, and he explained. If it was changed into something that would complement the use of the marina, they would pick up substantial property values and taxes. Attorney Griffith thought by taking the property to R-3, which has been proposed, would mean Mr. Smith could stay there as long as he can maintain his property as a trailer park because he is grandfathered in. Attorney Griffith's property is stuck in the middle because it is up against a trailer park, and they have not had any success in moving or developing the property. They have paid taxes for 13 years and have not been able to use the property. The property has been listed and listed. Attorney Griffith wanted a new zoning, which would be some- thing in the marina field or some part of it in a commercial zoning. Part of it could be zoned down to R-3, getting down to what property adjoins it to the south. Attorney Griffith doubted whether there was more than one home that has been built on that location. Probably the oldest homes are at least 50 years old, and maybe one is five years old. The rest are between 35 and 50 years old It is very sparsely developed. ' Attorney Griffith expressed that they feel the property is a very valuable piece of property. He gave Shooters as an example of valuable property because of its zoning. If hotels or some other business of that nature would be zoned on the tract past Shooters, Attorney Griffith felt it would be of the use value that would cause it to be developed. He knew that property had not had any development in many years. Attorney Griffith thought it was because it was not zoned properly. Attorney Griffith asked that the Council consider reviewing this and give more thought to it that would put it in a classification that would give it its highest and best use. Mayor Cassandra said the Council was voting on the E&A Report and asked if changes in the Comprehensive Plan could be made throughout the period as long as it would fall in the twice a year approach. Mr. Annunziato confirmed that was correct, but informed Attorney Griffith they could submit a Plan amendment1987. request. The City was now in its first cycle for - 52 - MINUTES - CItY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Concerning that area, Mr. Annunziato said it was a difficult area to deal with land usewise. They cannot remove themselves from the fact that there are about 40 or 50 separate owner- ships of single family lots platted in the Groves. That is a consideration that is very difficult to deal with in chang- ing land uses. Even if they change the land use, they Would still be potentially facing piecemeal development of proper- ties, and he has never seen a piecemeal project be success- ful. If they were dealing with one property owner, maybe they could think of some of the things Attorney Griffi%h was talking about. Piecemeal development there would not be of any benefit to the City, and it would not be successful. For the long term, Mr. Annunziato believed single family zoning on that property was proper. Single family homes east of U. S. 1 may be non-available in ten years. It appears to the Planning Department that in the long term prognosis the lots will redevelop, and Mr. Annunziato explained. If that was the premise, he said you would have to look north to accommodate some of the problems Mr. Smith raised at the time they went through the E&A Report. Mr. Annunziato elaborated about Mr. Smith's property. Mr. Annunziato advised that Commercial zoning is not the answer because it impacts as you look southward. However, intensification of the Land Use to multi-family is proper and does allow Mr. Smith some relief. Attorney Griffith's property falls into that category, and it abuts single family lots on the north. The intention there is to keep the single family lots in the single family category and PUt the larger tracts of land in the multi-family category. Perhaps at some time in the future, Attorney Griffith's property and Mr. Smith's property could be joined, and they could avail themselves of doing some buffering to the north. Mr. Annunziato thought Attorney Griffith's property had three acres, and he said these are not large tracts of land. Mayor Cassandra gathered that Mr. Annunziato was strongly recommending to the Council not to change the Planning Department,s recommendation. Mr Annunziato answered affir- matively. - Attorney Griffith observed that Potter Road is the last street in Boynton Beach that runs east to Lake Drive. They also own all of the lots in the subdivision of Lakeside Gardens except the corner piece that runs down to Lake Drive before you get to the lake, so they have a piece of property that is 168 feet wide by 780 feet deep that runs from U. S. 1. - 53 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Attorney Griffith said the piece on the corner of Dimick Road is developed and is probably 45 or 50 years old. All of the buildings are old, and Attorney Griffith observed that they did not appear to be occupied. The house might be, but the store on U. S. 1 is not. That is old property, like the rest of that subdivision, and Attorney Griffith expressed that they feel to put a sharp demarcation there just because somebody platted it 60 or 70 years ago, which means it is to be kept for single family use, had no basis and reason whatsoever. He did not feel that would be logi- cal. Attorney Griffith did think Dimick Road could be a cut off point. If Mr. Annunziato felt strongly that it could not be but felt there was a problem, he thought some consider- ation could be given to allow the use of this property into a form they could use for something, so it would not just sit there doing nothing. Mayor Cassandra said the E&A Report and Comprehensive Plan have been in the process for many months. Mr. Smith has been here. Mayor Cassandra did not want to see this problem stop at this particular point, as he thought. Attorney Griffith's concerns were valid. Since there was a procedure where they could make requests for amendments to the Plan, he thought that should be the next step for Attorney Griffith, not stopping the City from completing its second reading on the E&A Ordinance. Attorney Griffith apologized for not being here but thought the system under the law which does not give people notice caused the Council and every other Council trouble. He said there was nothing wrong iwith the City, on its own initiative, notifying the owners. Attorney Griffith thought the Council was amiss in its duties if it did not adopt a plan like that because they were only causing themselves more trouble, plus dissatisfied people. For the record, City Manager Cheney pointed out that the P&Z Board had seven or eight meetings on the E&A Report reported extensively in the paper. It has been going on for about seven or eight months. There is an expectation that people read the paper and that with something as important as the Comprehensive Plan Amendment, property owners will make some effort to be aware of what is happening. If the City had not done something, it was just a simple little legal ad in the back of some paper that no one reads. - 54 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Attorney Griffith felt almost everyone would agree that the property owners should be notified. City Manager Cheney argued that the Comprehensive Plan addresses every piece of property in the City, and it is not possible to notify every owner of every piece of property in the City. Mayor Cassandra suggested that Attorney Griffith contact Mr. Annunziato to see if something can be worked out. Mr. Zimmerman did not wish to speak. Mayor Cassandra asked if anyone else wished to speak in favor or proposed Ordinance 86-54. There was no response. Mayor Cassandra asked if anyone wished to speak against the pro- posed Ordinance. There was no response. THE PUBLIC HEARING WAS CLOSED. City Manager Cheney advised that Cross Creek was amended at the time of first reading. City Attorney Vance said all they needed were the amendments of lighting and the words Mr. Annunziato read into the record. In area 49, they needed the insertion following "Planned Industrial Developments,, the words: "where the proper size permits". Mayor Cassandra recalled one correction was changing the wording on page 225 of the Comprehensive Plan, as Mr. Annunziato suggested, and the other change was in Area 49. City Attorney Vance thought it might be simpler to make two motions and refer to the Sections of the Plan so they would not have any confusion. , Motion as to Page 225 - Policy.on Energ_~y Efficient Lighting Vice Mayor Zimmerman moved to amend the policy on energy efficiency lighting on page 225 of the Comprehensive Plan to read, "energy efficient or any other energy efficient lighting.,, Councilman Hester seconded the motion and the motion carried 5-0. , Motion to Amend Area 49 Councilman Hester moved to amend Area 49 of the Comprehensive Plan to add the words, "where the proper size permits . Motion carried 5-0. " Vice Mayor Zimmerman moved to adopt Ordinance No. 86-54, incorporating the two amendments just passed. Councilman Hester seconded the motion. A roll call on the motion was taken by Mrs. Boroni: - 55 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Motion carried 5-0. DEVELOPMENT PLANS (Continued) B. Aye Aye Aye Aye Aye Consider Request Submitted by George W. Zimmerman, Agent For Deutsch-Ireland Properties for approval of the master lighting plan for the public and private rights-of-way within the Quantum Park Planned Industrial Development (CONTINUED FROM PAGE ) Mr. Zimmerman was having difficulty understanding why he was here. They were trying to spend more money on lighting, do a higher aesthetic quality of light, fixtures and poles, pay the light bill and maintain the lights for the City of Boynton Beach at their expense. Mr. Zimmerman said they had gone through months of effort. Mr. Zimmerman had a chance to think about the insurance and "hold harmless" and told the Council that the City indemni- fies FP&L; FP&L does not indemnify the City. He wanted to know why they were asked to indemnify the City. What they wanted to do was to give the light sytstem to the City. Then it would not be a private system in a public right-of- way. Mr. Zimmerman said it was the same as any other light and pole fixtures with respect to liability problems. It is designed to the same criteria that the TRB enforces. Mr. Zimmerman again asked why he was here when they were not even talking about the issue of whether it was better light, better fixtures, or better quality. He recalled Mayor Cassandra asked a developer why he showed one thing and delivered another. Mr. Zimmerman told Mayor Cassandra they wanted to find a way to work with the City instead of against them. He was upset because inbetween his first discussion and this discussion, the City did something else that created more delay than not approving the lights for the next two months would create. Mr. Zimmerman complained because the City stopped them with their other action. City Attorney Vance asked what other action Mr. Zimmerman was talking about. Mr. Zimmerman answered, "the ability to file our plats." City Attorney Vance determined he was - 56 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 referring to the land swap. Mr. Zimmerman confirmed that was right. He was talking about a project, and 1,000,000 things need to move forward to get it to move. Mr. Zimmerman wanted to get to a point where they would be cooperating instead of battling or negotiating He repeated prior statements. - Mayor Cassandra interrupted to say they were going back to item B and he summarized what happened under item B. Mr. Zimmerman wanted the Council to understand his problem was to move the whole project along. Getting a piece of it, and then a piece of it would not do any good unless he could move the whole project along. There was disagreement. Mayor Cassandra told Mr. Zimmerman the PCD was the County's problem, not the City's problem. Mr. Zimmerman said the City could give it to them because they know the developer cannot do anything, and the land is no good to them without the reverter being eliminated. The City could get its part out of the way so that only the County part would be left Now they still had two open issues. ' City Manager Cheney advised that the City could not zone that land in the County where the reverter is to a non-public use without the County, and he explained. Mr. Zimmerman said the City has already asked the County. They just have not done it yet. Mayor Cassandra said it was obvious that the Council's legal advice was not to do it. Mr. Zimmerman asked the Council to approve their lighting plan as submitted. They have submitted a package of drawings that show a lighting system. They will give it to the City or keep it private within a public street He told the Council, "You name it!" ' In the event it remains private, City Attorney Vance asked if they would either provide a co-insurance situation or a hold harmless. In lieu of that, Mr. Zimmerman wanted to make it public. City Attorney Vance reminded Mr. Zimmerman just said for the Council to name it, public or private, so they have to go one way or the other. Mr. Zimmerman wanted it to be public and said they would give the City the lighting system within the right-of-way. City Attorney Vance advised that they had a problem because FP&L will not maintain the system. Mr. Zimmerman reminded him that he told the Council the developer will pay the bill and maintain it. If the developer maintains it, City - 57 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Attorney Vance said the developer will still have the liabil- ity situation where they will have to protect the City. In addition, City Manager Cheney said the City will need to have some understanding of the agreement or document that the property owners are going to sign that will require them to maintainsuch a document, it. He assumed it would be there but had not seen Mr. Zimmerman could just see things shuffling, which was why City Manager Cheney had not seen it. ~t changes daily. It seemed to Mayor Cassandra that there were many questions Mr. Zimmerman wanted answered for his own satisfaction, but the City had some questions that needed to be answered. He asked if it would not pay for Mr. Zimmerman to clear it all up with the Director of Planning so the Council could just say, "Yes". Mr. Zimmerman said he has been talking about it since August 15th. They submitted what their intentions were and asked if there was a problem. The only comment was from Tom Clark, City Engineer, and it said it was a private system in a public right-of-way. They told Mr. Clark it was private, but they did not know if they had a problem with it. Until tonight, the City did not know they had a problem with it. Mr. Zimmerman wanted to get a "Yes" vote and said they would go the way the Council wanted them to go. Mayor Cassandra asked for advice and direction. City Attorney Vance advised that the concern his office had was the liability aspect of it, and he had suggested a method. Mr. Zimmerman interrupted to say they would co-insure. Mayor Cassandra asked about the public and private conversa- tions and tenants coming in. City Manager Cheney thought a lighting system on a public street in the City should be a public lighting system. He thought the City needed to arrange the issue of maintenance, as he did not know how they were gOing to require their property owners to pay and maintain this. Mr. Zimmerman informed City Manager Cheney that it is bindsprovided every for owner, in the Declaration of Protective Covenants which City Manager Cheney was informed that the City did not have a copy of the proposed one. That was the question on the public record, and he insisted that they get one. He did not know what the developer was saying about maintenance. Five years from now, if someone does not maintain the rights- °f-way, someone will wonder why the City did not get it done right. - 58 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Mr. Zimmerman asked if they could pass it with the stipula- tion that the maintenance provision in their covenants met with the Council's satisfaction. City Attorney Vance advised that the City could do it with specified conditions, but it would probably be simpler for the City to have a copy of the master covenants in its hands. Attorney Deutsch informed the Council that it is in draft form. City Manager Cheney commented that it is in draft form, and the City was criticized because they had not answered it since August. City Attorney Vance suggested that the City needed to see that portion in final form, not draft form. He did not want to slow Mr. Zimmerman down but, at this point, the City had two items they wanted to have something formal on: (1) was a copy of the covenants in final form relating to maintenance of the lots. (2) Mr. Zimmerman stated they would co-insure. That was on the record, which was adequate, but City beAttorney helpful. Vance said a letter to that effect would probably City Manager Cheney recalled that earlier this evening, Mr. Annunziato suggested that if they postponed the issue on private or public lighting, they might get these things resolved. They could get a letter back to the Council on all of the issues involved. For example, lighting is also in the medians. City Manager Cheney thought that would be one way of getting it done quickly and completely. In a way, it was unfair to ask Attorney Deutsch, who was representing the company, because insurance is expensive. By asking them tonight, they would not have a chance to go back to the corporate Board and talk about it. City Manager Cheney thought they should take two weeks, take a look, and get the private lighting system out of the way. Mr. Zimmerman argued that it was not two weeks but a month (January 6th). City Attorney Vance recommended that it be postponed. He thought the applicant now had a Clear idea of what the Council wanted and said there was generally a consensus that the Council wanted to go along with the type of lighting they were talking about. Mayor Cassandra saw no problem with the lighting. City Attorney Vance thought finalizing the details would be a very good idea, and it could be postponed to a time certain, to wit: the next Council meeting. Mr. Zimmerman asked if he could submit his final plats on December 28th. Mr. Annunziato thought it would be okay for - 59 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 the applicant to submit his final plats because they were talking about an idiosyncrasy of one portion of a very large program, but it was one which was important. Mayor Cassandra asked if Mr. Zimmerman could live with January 6th. Mr. Zimmerman answered "No" , , and said he would rather have a vote on the issue this evening. City Manager Cheney recommended that the Council not vote this evening because there were too many questions. Mayor Cassandra heard mumbling that Mr. Zimmerman might get a negative vote. There was discussion. If he received a negative vote, Mr. Zimmerman commented that he could also come back in two weeks. He clarified that he could come back with a new plan. City Attorney Vance advised Mr. Zimmerman that he would probably go with the continuance to January 6th. There were more comments. Mayor Cassandra said the City will try to push the County. Attorney Deutsch asked if the applicant could still submit the PCD for comments with the anticipation of it going forward. City Manager Cheney answered affirmatively and said they have the other one they want to submit that they shipdo not to want it. zoned Recreation because they are keeping owner- If the County goes along with it, Vice Mayor Zimmerman remarked that the City definitely wants to go along with it. Councilwoman Zibelli moved to POSTPONE this item until January 6, 1987 at on or about 8:00 p. M. Vice Mayor Zimmerman seconded the motion, and the motion carried 5-0. 12. Proposed Ordinance No. 86-59 Re: Industrial Waste and Pretreatment City Attorney Vance read proposed Ordinance No. 86-59 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26 WATER, SEWERS AND CITY UTILITIES, ARTICLE IV SEWERS, DIVISION 2. DISCHARGE TO REGIONAL TREATMENT FACILITY GENERALLY OF THE CODE OF ORDI- NANCES, CITY OF BOYNTON BEACH, FLORIDA, TO REPEAL IN THEIR ENTIRETY SECTIONS 26-73, 26-74, 26-75, 26-76, 26-77, 26-78, 26-79, 26-80, 26-81, 26-82, 26-83, 26-84, 26-86, 26-87, 26-88 and 26-89; BY ADOPTING IN PLACE THEREOF NEW SECTIONS 26-73 THROUGH SECTION 26-92, INCLUSIVE TO PROVIDE A - 60 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 COMPREHENSIVE INDUSTRIAL WASTE AND PRETREATMENT ORDINANCE; BY PROVIDING A PURPOSE THEREOF, SCOPE, GENERAL PROVISIONS, AND DEFINITIONS; BY REQUIRING COMPLIANCE WITH MORE STRINGENT REGULATIONS; PROVIDING FOR DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; BY REQUIRING A PERMIT FOR BUILDING SEWERS AND CONNECTIONS; PROVIDING CRITERIA FOR WASTE DIS- CHARGED TO THE SOUTH CENTRAL REGIONAL WASTE WATER TREATMENT AND DISPOSAL PLANT; PROVIDING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE PERMITS AND SETTING TERMS THERE- FOR; PROVIDING AN APPLICATION PROCEDURE FOR AN INDUSTRIAL AND TO COMMERCIAL WASTE DISCHARGE PERMIT; PROVIDING THE RIGHT REFUSE SERVICE; ADOpTiNG NATIONAL CATEGORICAL AUTHORITY OF I BILIT¥ NSPECTORS; PROVIDI AND ENFORCEMENT PROV : . __~ NG APPLICA- ISIONS, PROVIDING REQUIREMENTS FOR REPORTING, INSPECTION AND MONITORING; PROVIDING PRETREAT- MENT CRITERIA; PROVIDING THAT INFORMATION BE NON-CONFIDENTIAL; PROVIDING CODIFY; PROVIDING A CONFLICTS CLAUSE A E AND AN EFFECTIVE DATE; AND FOR OTHER Mayor Cassandra asked if anyone wished to speak in favor or against tihe proposed Ordinance. There was no response. THE PUBLIC HE.ARING WAS CLOSED. Councilman Hester moved to adopt proposed Ordinance No. 86-59 on second and final reading. The motion was seconded by Vice Mayor Zimmerman. A roll call vote on the motion was taken by Mrs. Boroni: Mayor Cassandra Vice Mayor Zimmerman Councilman Hester Councilman Marchese Councilwoman Zibelli Motion carried 5-0. Aye Aye Aye Aye Aye ORDINANCES _ 1st Reading~ Non e. RESOLUTIONS None. - 61 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 OT HE R 1. Water Service Agreement - Change in Corporate Name - National Housin~ Partnership (American Land Company) Mayor Cassandra referred to a memo from Raymond Rea, City Attorney, and asked what was meant by the 15% fee. City Manager Cheney replied that there has always been a 15% fee except it used to go to Russell & Axon Now the City does the work. ' Councilman Hester moved to approve the transfer of the agreement, seconded by Councilman Marchese Motion carried 5-0. · 2. Water Service Agreement - Robert Miller City Manager Cheney added that because of the City's concern about water and sewer, Mr. Miller has written a letter agree- ing to tie into the City's sewer system when it is available. It is in the agreement. Councilman Marchese moved to approve the Water Service Agree- ment with the condition that Mr. Miller will hook up to the City's sewer system, at his expense, when it is available. Vice Mayor Zimmerman seconded the motion, and the motion carried 5-0. OLD BUSINESS: None. NEW BUSINESS: Non e. ~DMINISTRATIVE: Consider replacement to fill vacant position on Civil Service Board - Appointment to be made by Councilwoman Dee Zibelli Councilwoman Zibelli requested that this item be TABLED. B. Consider approval of City Council members to attend Florida League of Cities 26th Annual Legislative Conference - January 29 & 30, 1987 - Hilton Hotel Tallahassee , Mayor Cassandra noted three people from the Council would be going. City Manager Cheney informed the Council that - 62 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 Attorney Rea and he were also going. When they adopted the budget, at the bottom of the budget for'the City Attorney they left "X" dollars for travel and for retirement, to be determined later. He wanted the Council to confirm that they were also approving the necessary dollars for that particular travel for the Tallahassee trip. Councilman Hester moved to authorize the Council persons to attend the Florida League of Cities Conferenc~ in Tallahassee and the expenses of Attorney Raymond Rea to go there also. Councilman Marchese seconded the motion, carried 5'0. and the motion C. Proposed Resolution No. 86-UUUU - City Attorney's Office and Legal Secretary Because of the need to fill this position rapidly with a highly qualified Legal Secretary, Attorney Rea requested that this position be created as non-classified so the Civil Service System will be inapplicable. City Manager Cheney said the budget the Council had set was okay. Attorney Rea, Bill Sullivan, and he talked about this and thought this was the most expeditious way of going about it. City Attorney Vance read proposed Resolution No. 86-UUUU by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE 1986/87 PAY PLAN AND CREATING A NEW NON-CLASSIFiED JOB POSITION OF LEGAL SECRETARY WITHIN THE LEGAL DEPARTMENT,, Councilwoman Zibelli moved to adopt Resolution No. 86-UUUU, seconded by Councilman Marchese. Motion carried 5-0. D. Professional Surveying Firm for Landfill Closure Project City Manager Cheney referred to his memo of December 16th and said the City received only two proposals. They got a price from one and know it is lower than the other firm's. The City Staff recommended that the City employ O'Brien, Suiter & O'Brien, Inc., 2601 North Federal Highway, Delray Beach, Florida 33444. Mayor Cassandra wondered if there wo~ld be a conflict because Danny O'Brien is on the Board of Adjust- ment. City Manager Cheney had not thought of it. The City wrote to six firms and asked for a proposal. City Attorney Vance was not aware that Mr O'Brien is on the Board of Adjustment. ' - 63 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 City Manager Cheney said the Board of Adjustment has nothing to do with the landfill. City Attorney Vance said it was probably not a conflict but he did not have the Statute with him. City Manager Cheney said the Council miqht want to approve it, contingent upon the City Attorney]s office determining it was not a conflict. It was decided Attorney Rea could comment on this. Councilman Hester moved that the City employ O'Brien, Suiter & O'Brien, Inc., Delray Beach, Florida, with the stipulation that there is no conflict of interest. Councilwoman Zibelli seconded the motion. Mayor Cassandra said the Council would expect a memo from the City Attorney's office verifying this. A vote was taken on the motion, and the motion carried 5-0. E. Memo from Palm Beach County Municipal League Attorney re Countywide Planning__Council City Manager Cheney said the Council received a letter from the Municipal League, which addressed the procedure for making recommendations. They do not need to make a recommen- dation for a person to represent Boynton Beach until January 16th. Therefore, the Council could do it on the 6th~ of January. City Manager Cheney said there are nine municipal representa- tives. The three largest cities already automatically have ~ representative. Mayor Cassandra thought the City should get someone there. City Manager Cheney told the Council he would put it on the agenda for January 6th, and they should have some ideas by then. It has to be someone who has been involved with planning or an elected official on planning related issues. suggested someone on or who was on a planning board, meone who has had some kind of planning background, or an elected official. They can have a staff member, citizens, or a Council member. F. Selection of Member of City Council to sit on Consultants, Selection Review Committee for the Housing Part of the Comprehensive Plan Study. City Manager Cheney said the first study the City is putting forth and looking for Consultants for and have a request for - 64 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 a proposal of is in the housing element. The City will set up a preselection committee that will include some staff people. Mr. Annunziato advised that the Planning and Zoning Board chose Bob Wandelt. City Manager Cheney suggested the Mayor and Council may want a member to be on it. City Manager Cheney said the housing element is so important to the whole fabric of the City that he thought a member of the Council should have an involvement in the narrowing down from six or seven Consultants down to three. Mr. Cannon advised that one proposal is due in by January 6th. After discussion it was decided Mayor Cassandra should take it. ' Metropolitan Planning O~anization Councilman Marchese could not make it to the Metropolitan Planning Organization,s meeting on Thursday, December 18, at 9:00 A. M. No one on the Council could go, and Mayor Cassandra asked if someone from the City staff could go. City Manager Cheney assured him someone would go. ADJOURNMENT There being no further business to come before the Council the meeting properly adjourned at 11:10 p.M. ' CITY OF BOYNTON BEACH, FLORIDA ATTEST: ' ~ Cou~i 'lma~ ~~J~~ Cler~ ~ Recording Seer ar~ ouncl lw - 65 - MEMORANDUM December 4, 1986 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato, Planning Director ~Beach - Master ~ "~ Ge0rge:Zimmerman, Vice President of Development for '' Deutsch-Zreland Properties is requesting approval of the mas lighting plan for the public and private rights-~-way-wit~- ter Quantum Park at Boynton Beach. This request has be~n p~a~~n the- · under the Preliminary' Pl~ he~di~ ~n t~ ~ge~'~ st~d' lighting is approve~ as~.a Pa~t of ~~ ~ase, the~stree~ l~ht~e,~la~tin% process. In th~ _ = ~=~y zor consideratio- ~ :~ ~an 9as Peen submit ed c · · n =s ~u raises issues concerni~ ' °mprehensive Plan policies with'respect to ~h~ t e of g proposed. 'Included'as a ir ' YP su-bstitut · . P t of this · ghtin · , .e.m~tal halide · . _ .~Pproval is a . _ g ~%~_l~ng~thln b~h~9 ~ the ~a~dard hl~q~ ~ ~ g~ts of-w=x. ~ne ~,,~:- . _ private a,~d ~he .~,,~- p sure ~nc~e N/Wt 22nd AVe%~J~n~i~si?fT~aY w{tnin.t~hj~uCantum ~ N.W.-2znd Avenue. ~= portion o~ High Ridge Road n~h Page 225 of the Comprehensive Plan Evaluation and ApPraisal' thisRep°rtrequest:,c°ntains the following provisions which are relevant to 82-18 3.9.3.2.13. "Recommend the conversion of street, recreational and security lighting to the more energY-efficient · . sodium vapor lamps. Also recommend the incorporation of high and low pressure sodium fixtures, where appropriate, in new developments __ to be included in the site Plan review procedures.- Page Two. EnergY-efficient lighting is n ~kln? Lot_Regulations fo~ ~?~ ~e~qulre~ by the City's =xpanslon of existin~ ~-=- -=~ new pro3ects and fo~ Company will c°m~!~ ~?3~=s. Florida PoWer an = ~== uu= conversi~- -= _ ..... ~ L~ght other outdoor lighting tosodium ~-- u~ ~ureet lighting and 1986. vapor lamps by the end of On Tuesday December 2nd, 1986 the Technical Review Board met to review the Plans and documen ·:' f~mme~a~ionwith re~ar~ ~ ~ submitted and-tOformul ~s~er lighting plan a~ ~..~j~u.~equest for aPDroV~ rev" · ~= nz~n r . halide · ew and dlSm,,=~ .... P essure lighting plan be approved, but tha= the---~request=A~=u to=nesubstitutemaSter metal halide lighting be denied. The reasonslfor this recommendation are as follows: 1, etal halide lighting is not as ef PresSure'SOdi,,~ ~~=£~ . ficien~<as'. e consistent with stated ~_~ef~re,_th~s.request would ~ EnergY Element,: ~ . muamcy ~n'the~ COmprehens~--,~v= ~man~" not 2. Since the acreage of the Quantum Park represents approximately 21% of the total undeveloPed'acreage in the City, approval of the metal halide lightihg would represent a substantial deviation from Comprehensive Plan policy, and would indicate that the City Council should re-evaluate this particular lmulicy as it may no longer be ~f~asible