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Minutes 08-05-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 5, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Dee Zibelli, Councilwoman ABSENT Ezell Hester, Councilman (Excused) Peter L. cheney, City Manager Sue Kruse, Deputy City Clerk James W. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:31 P. M. The Invocation was given by Father John Block, St. Mark's Catholic Church, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Zimmerman. AGENDA APPROVAL Under "NEW BUSINESS", Vice Mayor Zimmerman added "Resignation of Leonard Mann from the Building Board of Adjustment and Appeals". City Attorney Vance had a proposed settlement offer in the pending litigation with Tradewinds Corporation over the Planned Unit Development (PUD) and added it under "LEGAL, Other". In the Consent Agenda, under "M. Approval of Bills", City Manager Cheney added the amount of $5,100 for Miller & Meier Associates, Architects for the City Hall. Mayor Cassandra asked if this was in addition to the bill Miller & Meier Associates already had on the Consent Agenda, and City Manager Cheney answered affirmatively. Mayor Cassandra did not necessarily want to pull items 1 and 2 under "B. BIDS", but wanted to have some discussion on them. He also wished some clarification of item "L" on the "CONSENT AGENDA". Councilman Ferrell moved to accept the Agenda with the additions and corrections. Vice Mayor Zimmerman seconded the motion, and the motion carried 4-0. ANNOUNCEMENTS Mayor Cassandra made the four announcements, as follows: Auction Sale - Miscellaneous Items - Rear of Police Complex, 135 N. E. First Avenue - August 15, 1986 at 9:00 A. M. - 1 - MINUTES - CITY COUNCIL MEETING- BOYNTON BEACH, FLORIDA AUGUST 5, 1986 e First City Council Meeting in September will be held on Wednesday, September 3, 1986 due to the Primary, Tuesday, September 2, 1986 Special City Council Public Hearing on September 4, 1986 to consider Deutsch Ireland Master Plan Modification Mayor Cassandra informed the audience that this used to be the Riteco property, and it is on 22nd Avenue between 1-95 and Motorola. Public Hearings on 86/87 City Budget and Proposed Mill- age will be held on September 8, 1986 and September 15, 1986 at 7:30 P. M. 5. Proclamation - Water and Pollution Control Operators Week, August 25-31, 1986 Mayor Cassandra read the Proclamation. CITY MANAGER'S REPORT Status of the Remodeling of the Day Care Center City Manager Cheney reported that the Contractor doing the work has the plans and is currently preparing cost estimates. He hoped to have the cost estimates by the next Council meeting and hoped they would be getting to a point where they could let a contract for that work. City Manager Cheney also had comments from the County's Space Consultant, who looked at the plans. The City has to make one or two minor modifications in the new construction. Boynton Commerce Center Boynton Commerce Center has been back a number of times relative to the landscaping. Some weeks ago, Mr. Gold promised he would get additional landscaping in three or four weeks. The City began to give him building permits at that time and held up certificates of occupancy (C. O.s). It has been about three years since the first "stuff" went in, so City Manager Cheney said the City has accepted the plans. Mr. Gold is now proceeding with C. O.s. If that stuff dies, and they do not take care of it, City Manager Cheney said the City will be back to zero again, but Mr. Gold did do what he said he would do, and City Manager Cheney thought they were now getting a good landscaped area along there for the project. - 2 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Mayor Cassandra asked if the City is opening up more per- mits for them. City Manager Cheney answered affirmatively, and informed Mayor Cassandra that he thought the City may have given them one or two C. O.s. It is now up to Mr. Gold to get his clients or tenants. 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. If an item they wished to address was on the agenda, they should fill out a yellow form in the back of the room and present it to the Deputy City Clerk. Amendment to Fire Code re Sprinklers and Lakes of Tara Donald Klein, 2665 South Bayshore Drive, Cocoanut Grove, Florida 33133, appeared as Attorney for Lakes of Tara Development Corporation, which is a single family home builder building a project of approximately 109 homes in the area west of Congress Boulevard and north of Woolbright Road. ttorney Klein was addressing the amendment to the new Fire ode or Sprinkler Code that the Council had passed. Although this was a matter of public record and public hearing that crept up on the homebuilders in Boynton Beach over the last few weeks, in reviewing the minutes of the meeting of July 1, 1986 (at which time the Ordinance was passed), it seemed the Ordinance brought out a "baby with the bath water." ~he "baby" Attorney Klein referred to was the single family ~wo story homes in Boynton Beach. His client builds homes ~hat are predominantly two story, Type 6 construction, which ~he Council found to be offensive under the Fire Code. In ~eading the minutes of the meeting, Attorney Klein found the )pinions of the experts, which were expressed on the record, ~ost persuasive. The experts he was talking about were the )eople who were experts in the Fire Code business, the ~onstruction business, and the types of materials that are lsed. Essentially, Attorney Klein said the Ordinance has singled out one single type of construction as being offensive in an area in which other types of similar construction is not found to be offensive. For example, the two types of construction involved in Type 6 are (1) wood frame construc- - 3 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 tion and (2) two story construction. Attorney Klein noted that two story, if it is not wood frame, does not offend the Code, nor does single story wood frame. You could have a single story wood frame building that can burn down, and Attorney Klein said it would not require a sprinkler. Attorney Klein noticed everyone present was in eminent peril of fire, and he pointed out that there were no sprinklers in the Council Chambers because the Council decided they did not need that. Attorney Klein heard this is the only City in the United States that has this restrictive a Fire Code that requires sprinklers for this type of construction. From reading what he read, Attorney Klein did not believe it was the intent of the Council to pass an Ordinance that would apply to single family construction. The old Code, which looked good to him, did not outlaw this type of construction. It specifically exempted it. Attorney KlEin realized they were in a situation where the Ordinance had been enacted, and he asked the Council to grant a moratorium for a reason- able period of time so that some data could be presented which would indicate whether or not this was the type of Ordinance that was needed by the City. ttorney Klein said the Assistant City Attorney was asked at he meeting to talk about whether or not this was the type of Ordinance that was valid. Attorney Klein quoted Attorney Doney's reply, which was that "any Ordinance the City adopts is presumed valid. However, the City would have to show that it is relating rationally to the health, safety, and welfare of the residents. One challenging the Ordinance would have to demonstrate that this provision, as adopted, does not have that rational basis." Attorney Klein continued that Attorney Doney said there was no reason to pick out two story, Type 6 construction, and it is no different from any other type. Attorney Klein thought the evidence presented made it clear that it was no different from any other type. He told the Council they were leaving the single family homeowner with no choice but to challenge the Ordinance judiciously, by challenging its constitution- ality, because there is absolutely no rational basis for singling out this type of construction. Attorney Klein said they would be putting builders out of business in this area where there is no reason to put them out of business. The City is going to limit builders to a type of construction that is not in the best interest of the - 4 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 residents of Boynton Beach, where there is no need to pass this type of restriction. On behalf of his client and on behalf of other home builders he does not represent, Attorney Klein strongly urged the Council to pass a moratorium for a reasonable period of time within which some data could be presented to show whether or not the Ordinance was really necessary and in the best interest of the municipality to restrict this single only, type of construction. Councilwoman Zibelli recalled that her original motion was if it was over two stories. She turned around, and it became less than that, but she said she still would go back with her original motion because people in Oyster Bay, New York, or wherever have had two story wooden houses for years. Attorney Klein assumed the minutes were accurate. Mayor Cassandra informed him that they are not verbatim, and if there was a question, he should get them verbatim, because the Recording Secretary makes a good summary of what is happening. In going through the history for people who, apparently, ~ere not at the previous meeting when the Ordinance was ~ead for the first time, Attorney Klein said at the first ~eading the height was changed from Type 6 Construction ~ stories to Type 6 Construction 2 stories. He stated that it would be easy to go up to 3 stories but hard to come down ~o 2 stories. Builders are out there that will not be able ~o build because it is easy to go up but not come down. Mayor Cassandra pointed out that Attorney Klein quoted the Assistant City Attorney but did not notice that Attorney oney advised the Council, and that was where the words came rom. If Attorney Klein wished to change the Ordinance from two to three, Mayor Cassandra emphasized that it would be asier to go up. He clarified that he was not speaking of onstruction. ~ayor Cassandra asked if Attorney Klein was requesting a ~oratorium where no one would build now and there would be no more permits for builders. Attorney Klein replied, l'Absolutely not," and he expounded. Mayor Cassandra explained that the City Code had the Fire ode in it. It was not initiated. What haDpened was that it was missed that the County overrode the ~ity's law. It - 5 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 was not an abstract thing that the Council did, and Mayor Cassandra explained. Mayor Cassandra guessed the best thing the Council could do would be to take the moratorium request under consideration. If they want to consider it at the next Council meeting, Attorney Klein will be notified. Councilman Ferrell was against the Ordinance when they voted on it and still would be. He did not know that a moratorium would accomplish anything, because facts and figures were presented at the Council meeting when it was discussed. Councilman Ferrell commented that sentiment came from some groups of the City's population who were opposed to the structure and thought it would be a good way to stop some of it. He did not know whether a moratorium would accomplish what Attorney Klein was looking for and felt it would just be a repeat of what they did twice already. Speaking as a lawyer, Attorney Klein said the choice they have at this point is to challenge the Ordinance. There are alternatives to challenging the Ordinance. One is to change the type of construction, which Attorney Klein submitted was not the answer, although he was aware that there were several people on the Council and a number of people at the meeting of July 1st who wanted to eliminate wood construc- tion. In the synoposis of the minutes, Attorney Klein read that Vice Mayor Zimmerman said he was opposed to wood construction and, therefore, was in favor of the Ordinance. Attorney Klein emphasized that the question was not wood construction because single family, wood construction had not been outlawed and had not been required to sprinkle. When he said the results were ill considered, Attorney Klein was not trying to imply that the Council did not do their homework, and he elaborated. Attorney Klein knew each one on the Council had a reason for voting the way they did. If the alternative is a constitutional challenge to the Ordinance, Attorney Klein said one way to forestall that challenge is to grant a moratorium on the enforcement of the Ordinance, as it applies to the area that will be the source of the subject of the challenge, so the Council can study whether or not that is really what it wants to require the Sprinkler Code to apply to. Vice Mayor Zimmerman noted that most of the first part' of Attorney Klein's dissertation was true, but did not agree - 6 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 with several accusations he made about the Vice Mayor. He informed Attorney Klein that the Council was only trying to reinstate the Ordinance that was outlawed by a State law, and they directed their Attorney to write an Ordinance that would prohibit frame construction without sprinklers, two stories up, multi-family. They had no intention of includ- ing single family homes in that and are not against frame construction. Without sprinklers in multi-family, Vice Mayor zimmerman expressed that it is dangerous, and the Fire Department backed the Council up on that very much. Attorney Klein agreed with that. Vice Mayor Zimmerman continued that some- how, the single family stayed in there over his objections, because he objected to having single family, two story resi- dences included in the Ordinance. He did not know how it happened but thought the statement was that it would not be fair to make exceptions. Vice Mayor Zimmerman emphatically stated that the Council does make exceptions, and he stressed that he would be willing to exclude single family homes with two stories from the Ordinance. He was always of that inclination and did not want to be quoted any other way. Attorney Klein apologized if he misquoted Vice Mayor Zimmerman. If the Council wanted to exempt two story, single family residences, which he felt they should, Attorney Klein felt the evidence presented was very persuasive that they should have been exempted. He encouraged whatever the procedure was to do that, and he expounded. Attorney Klein did not think the Ordinance was the Council's intention, and he went into more detail. There was discussion. Mayor Cassandra did not think two weeks more would create problem for Attorney Klein. Attorney Klein did not know hat problems the City's Building Department was having. City Manager Cheney advised that the Ordinance could be put on the agenda for the next meeting, and it could be discussed ~nd heard at that time. Then the Council would have some- thing specific in front of them. If it is passed at first reading, it would then go for second reading at the first meeting in September and adoption at that time, after a public hearing. Attorney Klein suggested that the Council might grant a moratorium at this time on the enforcement of the existing Ordinance, as it applies to single family homes, until the Council has an opportunity to decide whether or not it wants - 7 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 the Ordinance to apply on a permanent basis. City Attorney Vance advised against that. There were comments by City Manager Cheney and Mayor Cassandra. Mayor Cassandra thought they were going in the direction of single family dwellings. City Manager C~eney advised Attorney Klein that they were talking about four weeks, which was OK with Attorney Klein. Limiting of Time for Speakers William E. Duncan, 1105 S. W. 5th Court, Boynton Beach, drew attention to the agenda and pointed out that Attorney Klein was allowed 18 minutes. CONSENT AGENDA A. Minutes Special City Council Meeting Minutes of July 2, 1986 (Distributed 7/21/86) Special City Council Meeting Minutes of July 14, 1986 (Distributed 7/21/86) 3. Regular City Council Meeting Minutes of July 15, 1986 In the last paragraph on page 23, Vice Mayor Zimmerman noticed he was referred to as Mayor. 4. Special City Council Meeting Minutes of July 21, 1986 B. Bids 1. 8400 pounds of grass seed for the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to Lesco Inc., Rocky River, Ohio, in the amount of $3,807. o 20 tons of bulk fertilizer for the Boynton Beach Municipal Golf Course The Tabulation Committee recommended awarding the bid to Howard Fertilizer Co., Orlando, Florida, in the amount of $9,380. Mayor Cassandra noticed the grass seed and fertilizer were being bought from next year's budget. It was City Manager Cheney's understanding that seed is expected to be in very - 8 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 short supply in the Fall, and the City wants to get its order in while the seed is available. Mayor Cassandra was concerned that this could be misread, and he questioned why they would use next year's money on a budget the Council had not seen nor approved. He asked why they did not use this year's money and why they were using next year's money. City Manager Cheney answered that they already used this year's money for seed and fertilizer. Mayor Cassandra asked if they had any contingency, and City Manager Cheney answered, "No." He said they may be able to budget for a double amount of seed and fertilizer and resolve the problem. Mayor Cassandra thought there should be some way to get money so it would not reflect into next year's budget. It looks like the City does not have any more money, and that is why it is going into next year's budget. Mayor Cassandra understood that every penny was allocated, but did not think it looked good, and said the City is having problems with public relations now because of the golf course. City Manager Cheney disagreed with Mayor Cassandra because he thought it looked good. They have told people they were going to operate the golf course on a break even basis, and they may ask for an increase in the annual membership charge for green fees. The City is doing it, not to build up a surplus so they will have money left over, but are doing it so they can budget the golf course to break even. They are charging enough to have a break even budget, which is part of the reason the budget is that tight, plus the fact that there has been a budget for the golf course for only two or three years. Councilwoman Zibelli still would like it to become something that was in that year's budget. If it would make the Council feel better, City Manager Cheney said they can wait and order the seed and fertilizer in October. Councilwoman Zibelli expressed that she would like to see it on this year's budget and not on next year's budget. City Manager Cheney responded that then they would be seeing it on this year's budget to actually be spent next year, so either way they would have a technical problem. Because of the accounting for the golf course as a Proprietary Fund, technically, City Manager Cheney said they would not have the reserve in the Proprietary Fund that they set aside. It is an accounting problem, no matter which way they do it. - 9 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Mayor Cassandra asked if there was a way in this type of fund, as the City transfers accounts, to transfer dollars from one useage to another useage for next year. He thought it looked bad if someone did not know what was happening, and he disagreed with City Manager Cheney because it implied that they ran out of money. Boynton Beach Boat Club Expansion Recreation & Parks The Tabulation Committee and City Manager Cheney, in his memo of August 5, recommended the bid be awarded to Daniel O'Connell Contractor, Boynton Beach, in the amount of $242,000. City Manager Cheney further recommended that $60,000 be added to the project from the 2¢ Local Option Gas Tax. Councilwoman Zibelli asked if they were going to fix the bait shop. City Manager Cheney answered that the contractor the City will hire will build a new bait shop. The existing proprietor will move into the new building, and the old building will be torn down. The existing building is just there so the proprietor can stay in business. Councilwoman Zibelli thought the building looked terrible. City Manager Cheney informed her that the new building will be the same kind of design as all of the other buildings that are there. There were more comments. One (1) New 1986 Aluminum Step Van - Police/Fire SWAT/Hazardous Material The Tabulation Committee recommended awarding the bid to Steve Moore Chevrolet, Lake Worth, in the amount of $23,321.21. C. Resolutions Proposed Resolution No. 86-KKK Re: Approving the application for Palm Beach County Emergency Medical Service Grant Funds "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE APPLICATION FOR PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT FUNDS" - 10 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Proposed Resolution No. 86-LLL Re: Release of Bond and accepting utility improve- ments - High Ridqe COuntry Club "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND" e Proposed Resolution No. 86-MMM Re: Acceptance of 12 inch Water Main and Release of Bond Bethesda Memorial Hospital Property "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPT- ING THE BONDED IMPROVEMENTS (A 12 INCH WATER LINE) FOR BETHESDA MEMORIAL HOSPITAL PROPERTY IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST" D. Development Plans None. Ee Ratification of South Central Regional Wastewater Treat- ment and Disposal Board Action of July 17, 1986 1. Reduce retainaqe to $500,000 - S. G. Phillips Change Order No. 2 - Park A (S. G. Phillips ConstruCtors, Inc.), increasing the Contract amount ~y $11,846.60 Frank W., Rexford, Construction Manager, S. G. Phillips Constructors Corporation of Florida, 6064 Okeechobee Boule- vard, West Palm Beach, Florida, withdrew his request to speak on the above matters. Change Order No. 2 - Park B (Foster Marine Contractors), decreasing the Contract amount by $12,639.32 Authorizing payment to the City of Delray Beach for Building Permit Fees Authorizing direct purchase of certain items for the Plant expansion ConSider approval of Emergency Medical Service Director Contract The Contract is between the City and Dr. William Jeffrey Davis. - 11 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Ge Approve Subordination Agreement - Western Well Fields - Southern Bell Mayor Cassandra asked if this said the City would pay for moving the telephone utility before or after the fact, or if the problem comes up. City Attorney Vance replied that essentially, it says the City will pay it to them if there is a problem and they have to be moved. Mayor Cassandra raised the question because he was under the impression that each utility company paid its own tab, and he explained. City Attorney Vance informed him that it is whoever gets there first. City Manager Cheney explained to City Attorney Vance that Mayor Cassandra was referring to utilities that are in a public right-of-way in a County or State highway. He said they were talking about a situation where it is not a right- of-way but an easement that Southern Bell had first. The City is coming along and buying it. City Attorney Vance agreed with Mayor Cassandra that there is a difference between an easement and a right-of-way. He added that there is also a difference between a situation where the City is in a right-of-way with a permit. Typically, the permit has a condition in it that requires the City to relocate in the event the owner of the right-of-way wishes to widen, modify, or repair the right-of-way. When the City is running a water line across country and encounters a telephone line across an easement, for example, the telephone company owns that easement, and the City has to obtain their consent in order to run the City line through it. Mayor Cassandra commented that would then be true for any utilities. If the City has an easement and someone like Florida Power and Light Company (FP&L) wants to go through our easement, the City has a franchise which permits that, if they pay money for it. Consider request submitted by Mr. John Lewis, Director of Construction of Coastal Resources, to place a construction and leasing trailer in conjunction with the building of the "Grove Shopping Center", located at 2925 South Federal Highway and Old Dixie Highway The Building Department recommended approval, based upon site plan approval at the Council meeting of July 15th. The subject trailer will remain on the site for approximately eight months. - 12 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 I. Consider request for disinterment - Boynton Beach Memorial Park Addition 91, Block R - Lot 349B Doris Gentile DePaola wished to have the remains of Dominic Gentile disintered. J. Transmittal of Road Impact Fees to Palm Beach County See List attached. K. A_p~ove authorization to disgose of records City Clerk In her memorandum of July 30th, No. 65, the City Clerk requested authorization to dispose of records. L. Accept Special Warranty Deed for three lots adjacent to NW 22nd Avenue/I-95 Overpass Vice Mayor Zimmerman asked why the City was-receiving these three lots. City Manager Cheney answered that they are three excess lots Wadeco is giving to the City. The City can put them on the market and sell them if they are build- able lots, so there is a potential to get some return from them. Wadeco simply wants to get rid of the pieces of land they have left and want to give them to the City. M. Approval of Bills See list attached. Councilman Ferrell moved, seconded by Vice Mayor Zimmerman, to approve the Consent Agenda, items A, 1, 2, 3, and 4; B, 1, 2, 3, and 4; C, 1, 2, and 3; E, 1, 2, 3, 4, and 5; F; G; H; I; K; L; and M. Motion carried 4-0. BIDS Test Production Well Program - Authorize contract for two wells, related piping, etc. and report on status of water supgly and reverse osmosis project City Manager Cheney said this is the next step in the program for developing the City's new well fields. Develop- ing well fields has become much more complicated than it was when they developed the last well field. Part of that is because of concerns about the environment, and City Manager .Cheney explained. He said the whole operation is also tied in with the City's desire to study reverse osmosis. The City is at the point now of awarding bids for two test production wells. City Manager Cheney told the Council they - 13 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 will be two of the wells that will be used when the City is all done, but the kind of pumping out of them will be under a laboratory basis. The wells will be pumping different amounts of water at different times of the day in order to test what the impact of that pumping is on the surrounding water table, so that they do not end up as Boca Raton did, which was pumping too much water and drawing the water table down. That is part of what will be learned in the two wells. With the help of a grant from South Florida Water Management District; the contract the City already has with the Florida Atlantic University (FAU) Engineering Department, Boca Raton; and also at Florida International University Water Resource Laboratory, Miami; Post, Buckley, Schuh and Jernigan, the City's reverse osmosis consultant, and Geraghity and Miller, the City's hydrologist firm, the City will be studying the opportunities for reverse osmosis. City Manager Cheney said the City will be analyzing the kinds of equipment and filters to use and what to do with the left over, rejected water. As time goes on and as more requirements are put upon the City by the Environmental Pro- tection Agency about the environment, chemicals, etc., Perry Cessna, Director of Utilities, and John Guidry, Assistant Director of Utilities, informed him that chances are pretty good that the City will discover that reverse osmosis will be the most sensible way to go because it will be the cheapest way of getting out all of the things that are in the water that they need to get out. City Manager Cheney said it was recommended that the Council approve the bid for the well firm (Diversified Drilling Corporation, Tampa, Florida, in the amount of $195,529, as well as the bid with the contractor for the pipes Madsen/Barr Corporation, Fort Lauderdale) in the sum of $219,902. The contractor for the pipes did an excellent job for the City before when they put in the big water line at the east side of the City. Vice Mayor zimmerman asked if the grant from the Water Management District has been used up. City Manager Cheney replied that it is being used as a part of this budget from now on. It has been used in some computer equipment the City bought to do this with, and he explained. City Manager Cheney added that it has not been used up and will be used up with the contracts with FAU from now on. - 14- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Councilman ~errell moved to approve the bids, seconded by Councilwoman Zibelli. Motion carried 4-0. PUBLIC HEARING None. THE COUNCIL TOOK A BREAK AT 8:15 P. M. at 8:23 P. M. The meeting resumed There was a request to change the agenda to bring up "LEGAL, D. Other, Proposal by Tradewinds - Requested by F. Martin Perry, Attorney" as the next item. Councilman Ferrell so moved, seconded by Councilwoman Zibelli. Motion carried 4-0. LEGAL D. Other Proposal by Tradewinds Corporation - Requested by F. Martin Perry, Attorney for Tradewinds City Attorney Vance was presented with a proposal to settle the existing litigation with reference to the Tradewinds Planned Unit Development (PUD). City Attorney Vance regretted that the matter was not presented to the Council until the time of the Council meeting but said the material was not completed until that point and time. The Council got the material at the time they got here for the Council meeting. City Attorney Vance read into the record a letter addressed to him, dated August 4, 1986, from F. Martin Perry, Attorney for Tradewinds, Northbridge Centre, Suite 701, 515 North Flagler Drive, West Palm Beach, Florida 33401. (A copy of this letter is attached to the original copy of these minu- tes as "Addendum A") City Attorney Vance told the Council it was a proposal or offer of settlement directed towards the existing litigation which involves the PUD. It was also designed to incorporate a settlement of the PCD, which has presently been postponed by the City Council, pending the outcome of the litigation with respect to the Tradewinds PUD. If the Council decides one way or another, Mayor Cassandra asked if it would end here and not go back to the City staff - 15 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 to make any comments about what was on the board. (The proposed plan was displayed on a board to the left of the Council.) City Attorney Vance replied that the basic out- lines contained on the board would be approved by the City Council, if they approved the settlement. However, the site plan review and the applicable City Ordinances relating to water, sewer, roads, etc. would still take place. With respect to the PUD, City Attorney Vance told the Council that the proposal requires that the Ordinance be adopted during the month of August. In order to accomplish that, there would have to be a first reading of the Ordinance tonight, so there would be no review by the Planning and Zoning Board, for example, and the Ordinance would be read and approved as part of the settlement by the City Council on first reading tonight. There would probably be a certain amount of time for the Technical Review Board to review the site plan between tonight and the second reading, which, presumably, would be at the next regular Council meeting, assuming the Council agreed. Vice Mayor Zimmerman asked if the City Manager and staff looked at this. City Manager Cheney informed him that he did not see the plan until this evening. Vice Mayor Zimmerman remarked that the City Manager was in about the same shape the Council was in. They did not know what kind of a pig in what kind of a poke they were buying. City Manager Cheney agreed that was the case and added that often when you get to the situation where an Attorney for one side offers a settlement, he is representing his clients, and the City's Attorney, representing the City, meet to see if they can get a settlement. Until they come to some agreement that they think is as far as they can go, the thing does not become available for review until then. Then was now. City Attorney Vance informed the Council that he received his final copy of the letter, as revised, and the site plan, as revised, at about 4:30 P. M. this afternoon. City Manager Cheney saw a version of it yesterday, but it had been changed since yesterday, so they had not reviewed it. To make sure that the City was protected, Mayor Cassandra asked if City Attorney Vance wanted the Attorney represent- ing Tradewinds to make a presentation. City Attorney Vance replied that the letter from Attorney Perry was pretty inclusive, and it was up to the Council. What they had was an offer to settle, which as the Council's Attorney, he was duty bound to convey to them. City Attorney Vance said the - 16 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Council could accept the offer, reject it, or suggest that they talk some more. Mayor Cassandra asked if Attorney Perry wished to say some- thing. Attorney Perry had nothing more to add to the letter than had been related to the Council but said he would be happy to answer any questions they might have. Mayor Cassandra emphasized that this was not a public hear- ing, but, as a courtesy, he would allow people in the audience to make a few statements, if they would keep them short. He thought the Council had already heard all of the pros and cons from all different positions. Mayor Cassandra asked if anyone wished to speak in favor of the Tradewinds proposal. Lowell Bennett, 400 S. W. Golfview Terrace, was speaking as an individual and not as a representative of Leisureville. For many months, he has been in support of the project. Mr. Bennett thought everything that could be said had been said. However, he wanted to point out a couple of alternatives he felt may have been overlooked. If S. W. 8th Street is cut through, as it is currently plotted, Mr. Bennett said they will generate the possibility of three additional entrances into the southeast section of Leisureville. Three streets are there now, where the right- of-way is granted to what would be $. W. 8th Street. Mr. Bennett was concerned that to create three more entrances into the southeast corner of Leisureville would create a security hazard that Leisureville would find quite un- desirable. Secondly, Mr. Bennett said there has been a lot of conversa- tion about traffic. Some people seem to have the impression that there will be 1,000 more cars on the street, and he did not know where they were going to come from. Mr. Bennett felt the traffic that would be generated by this would be traffic that is rerouted. A great deal of it now travelling up and down Congress Avenue, going to Publix and Winn-Dixie, will be diverted to go down Woolbright if a grocery store is available in the section requested by Tradewinds. Living adjacent to Congress Avenue, Mr. Bennett would love any reduction of traffic there. Mr. Bennett asked the Council to give the proposal consider- ation, as it is time to stop the merry-gO-round. He urged - 17- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 that the Council approve the proposal and put it in action. It has been going on for a year, and Mr. Bennett said every possible item that could be debated has been debated. He was sure the developers knew exactly what the City Planners want and put it in their considerations. C. Gary Nolan, 604 S. W. 3rd Avenue, lives in Lake Boynton Estates, within 400 feet of the development, on the extended leg in the north section. He looked at this 5th plan Tradewinds has come up with. Mr. Nolan stated that he was all for what Tradewinds wants to do with the land. The other way, duplexes could be adjacent to his home, which he was totally against. Tradewinds offers a better deal for the value of his home and his neighborhood. Mr. Nolan was in favor of the PCD and the PUD. As no one else wished to speak for the proposal, Mayor Cassandra asked if anyone wished to speak against the request. Gary Lehnertz, 619 S. W. 2nd Avenue, Lake Boynton Estates, said this seemed to be a substantially new proposal from what they had seen. At the same time, it was almost a rehash of everything they had gone through before. Mr. Lehnertz pointed out that they could see there were obviously a lot of concerned citizens that took the time and effort to find out what was going to be going on at the Council meeting and showed up, but it also seemed that a lot of homeowners were affected by this that had not been notified. Before anything is done, he thought they should notify the public, advertise it, and have public discussion on it just as they would any other proposal. Even though he is President of the Lake Boynton Homeowners' Association, Mr. Lehnertz could not speak for them because they did not have a chance to have a general meeting nor a chance for the Members to take a look at the proposal and vote one way or another as to whether they felt it would have a positive or negative affect upon the neighborhood. Mr. Lehnertz had discussed this with some of his neighbors and friends. Most of them saw nothing wrong with the PCD and felt it could be very positive for the area. Overwhelm- ingly, his neighbors feel there should not be multi-family dwellings in what is now single family homes. - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 In looking at the plans, Mr. Lehnertz pulled out his calcu- lator and tried to run some figures. He stated that what they saw there really was not telling the whole truth. Presently, it is zoned 4.8 units per acre. Tradewinds was saying they are going to put in 6.3 units per acre. If they take out the church property, which really is not residential, Mr. Lehnertz said they would get 7.4 units per acre. If they take the recreational and housing areas, add up that acreage, and then total up the total dwelling units they are going to put in, Mr. Lehnertz said they would get 9.6 units per acre, which in his way of looking at it, was highly excessive to this area of land. They should not have that many people living there. Mr. Lehnertz pointed out that they will have 349 living units in the area, not including the church property that is in excess of 189 units. That would mean they would have 54% greater housing in there than what the surrounding land is zoned for. Mr. Lehnertz did not feel the density was acceptable. It is not zoned for this, and the City has said it should be single family homes. Mr. Lehnertz added that he and his neighbors desire single family homes, as they are a plus and a benefit. Mr. Lehnertz urged the Council not to accept the proposal without further study. There did not seem to be any reason why they could not build single family homes there. Developers are working now in Lake Boynton Estates, and they are building single family homes, which appear to be good homes, and people are buying them. The developers are obviously not losing money. If the only reason they were having multi-family housing there was so a small group of people could get the profit they feel they should get from the area, Mr. Lehnertz did not feel the City Council nor the City as a whole had any obligation to guarantee a profit to a number of land holders and developers. If they cannot develop the property as Single family homes, Mr. Lehnertz could not see any reason why the City should give them an out. As far as her seat is concerned, Councilwoman Zibelli said the Council does not guarantee profits to anybody, and she took objection to what Mr. Lehnertz said. The last time Mr. Lehnertz was here, Councilwoman Zibelli recalled he said he would object to the project if single family homes were put near Lake Boynton Estates. She thought everyone should get off of the emotional wagon and get the project settled one way or the other. - 19 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Councilwoman Zibelli said one week Mr. Lehnertz is saying one thing, and the next week he is saying another thing. She wanted to know exactly where he stood. Councilwoman zibelli stated that she does not know the people from Trade- winds and does not talk to anybody from either side. From his understanding of the last Council meeting, Mr. Lehnertz said they were discussing strictly the commercial area. He got up and said there were many benefits to the commercial area. His neighbors seemed to have no objections to it, and Mr. Lehnertz felt the PCD could be a positive improvement in the area. Councilwoman Zibelli recalled he also objected to the fact they were going to put single family dwellings next to his. Mr. Lehnertz disagreed and did not believe he ever said he was in favor of a small area of single family homes and the rest residential. He has felt all along that since the entire area is zoned single family homes, that Lake Boynton Estates and the City would be much happier with it all being single family homes. Mr. Lehnertz felt the PCD was acceptable and possibly beneficial. Pam Lazzara, 1306 S. W. 15th Street, urged the Council to vote against zoning changes. Councilwoman Zibelli said she wanted to get this resolved tonight, and Ms. Lazzara advised that it could have been resolved 1½ years ago if Tradewinds had adhered to the zoning as it existed. She said this is what their fight has been because 'they want the original zoning to exist. Ms. Lazarra commented that it would be so nice if they had all single family, as they planned, along the E-4 Canal, and she questioned why Tradewinds had to have all of that, and she asked what is wrong with it the way it is. When the PCD was brought up before them the last time, Vice Mayor Zimmerman recalled the Council said when this was finally to be brought up again at the settlement of the Court case concerning the PUD, they would notify all of the people concerned before they would go on with the discussion of the PCD. He believed they should stick to their word, and he adamantly said they did not notify anybody. If the Council makes a promise, Vice Mayor Zimmerman felt they should stick with it. There was applause. Walter "Marty" Trauger, 702 S. W. 28th Avenue, was not appearing "pro or con", but as Chairman of the Planning and - 20- MINUTES - CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA AUGUST 5, 1986 Zoning (P&Z) Board. The P&Z Board had gone through this not so long ago for the PCD, and there was a subsequent recommendation for denial. Then the City Council postponed action on that, pending the litigation. Tonight, without any preliminary review from the City staff, P&Z or TRB Boards, the Council is asked to approve the whole proposal at one fast swoop. Col. Trauger asked how the Council could possibly go through this, with all of the controversy going on, without the usual staff comments of the advisory boards, and without the public hearing, as mentioned, where they invited the ~ublic. He reiterated Vice Mayor zimmerman's statements about-the Council's promise to the public. Compromise is great, and it looked like they were headed towards the right direction from Tradewinds to somewhere coming to something acceptable, but Col. Trauger said, in his knowledge, compromise has never won a battle, and he did not believe the City Council, in fear of litigation, should take hasty action because they would end up on the short end of the stick. Col. Trauger knew they would because the Council, quite awhile ago, hired the best Attorney (James Vance) to defend the City. He said they should stick with the lawsuit. There was applause. Councilwoman Zibelli told Col. Trauger that she does not belive this Council does anything hasty. They have worked with both sides, and this is something they have really been working on. Col. Trauger asked why the Council did not then relook at it again from staff comments. Councilwoman zibelli replied that the Council will probably do that. F. Martin Perry, Attorney for Tradewinds, expressed that there seemed to be a fairly uniform misunderstanding relative to the actual zoning in the Comprehensive Plan, as it relates to the residential PUD. He kept hearing refer- ences to, "Let's leave it single family, as it is." When they initially came in there last year, that parcel, which is some 86 acres, was zoned R-lA and R-3. .As a result of the City's Evaluation and Appraisal (E&A) Report and the action taken by the P&Z Board, Attorney Perry said it is currently R-2. Attorney Perry said the desire for single family has been expressed perhaps most eloquently by Mr. Trauger in numerous meetings, as well as by Mr. Lehnertz. However, the fact of - 21- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 the matter is that a significant portion of this property allows for multiple family density, and they are simply try- ing to comply with what the zoning is and what the Compre- hensive Plan talks about. Attorney Perry said item 92 is the question of how they got here this evening. Notwithstanding the fact that this most recent revision, which the Council could see on the board, was in fact delivered to City Attorney Vance at 4:30 P. M. this afternoon, and the last revision of the letter was delivered to him personally by Attorney Perry at 4:30 P. M., Attorney Perry said he had been in discussion with City Attorney Vance and through City Attorney Vance, with repre- sentatives from the City staff for a couple of weeks, so this was not something that had been hastily rushed into his office at 4:30 this afternoon for the Council's immediate consideration. Attorney Perry granted that it may not have been in the best of circumstances, and he did not deny that there ought to be some notice, as Vice Mayor Zimmerman very succinctly pointed out. The fact of the matter was, however, that the offer of compromise was offered on the basis that they could resolve at least the PUD during the month of August. Attorney Perry advised that would not prohibit notice, nor would it, for that matter, prohibit a first reading of the Ordinance this evening. Additionally, the second reading of any Ordi- nance is, in fact, a public hearing, which Attorney Perry said could be scheduled for two weeks from this evening, if there are any staff comments that needed to be made. Frankly, Attorney Perry thought they had addressed all of the staff comments. Most of the changes reflected on the plan were the result of the give and take of the negotiations that have been taking place over the past couple of weeks. Attorney Perry said the issues staff might raise were the issues they had already considered, which are in the Murray- Dudeck report. The City staff indicated that at each previous time, when an approval was at issue, that any approval would be subject to the MUrray-Dudeck recommenda- tions (in other words, some other ones that Tradewinds had objected to). Attorney Perry said the Council could this evening (a) act on first reading if they found the compromise acceptable; (b) schedule a second reading for two weeks from this evening, or whatever, as City Attorney Vance indicated earlier, which would be notice to everyone, and get the staff's input on - 22 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 that; or (c) they could set a special hearing for first read- ing to take place next week and then reschedule the second reading to take place thereafter. Attorney Perry emphasized that they were not trying to deprive the public of any notice, but the fact of the matter is that there are no issues, as Mr. Bennett put it, to be further discussed. Attorney Perry said this thing has "been beat to death". What Attorney Perry said they were offering was a reduction in square footage in the shopping center, a realignment of S. E. 8th Street, which they believe will make it more of a loCal street in nature and eliminate the heavy traffic that it is presumed will go up 8th Street toward Boynton Beach Boulevard. They have made arrangements and offered to make Industrial~Road a left turn only, so that the industrial traffic would only go onto Woolbright Road. They were offer- ing to settle the Industrial Road issue and allow for the closing of Ocean Drive, which Attorney Perry said has to be of benefit to the north end. In Attorney Perry's opinion, nothing could be brought up that has not already been discussed. Even if there were something, he said the opportunity exists to do that, and it could be done at the second hearing if the Council was dis- posed to resolve the entire problem. Attorney Perry could not believe there was not some disposition in that regard. There was applause. Councilwoman Zibelli thought the Council had to do something, and she reiterated that this cannot go on and on and on. Somewhere along the line, a decision has to be made. Some time ago, Councilman Ferrell recalled they tried to reach a solution on this, so he did not think the answer was passing it off for six months or a year, or whatever it would take, until, hopefully, none of them would be in office, and somebody else could make the decision. He stated that he would be in favor of going with the proposal in the first reading. In the meantime, it would be scheduled to go to staff. It could be set up for the public to be here. Councilman Ferrell made other comments, then said there had been considerable deintensification on this particular project, but he was not going into the numbers. He did not think that was important because he thought everyone had seen them. - 23- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Whether they liked it or not, Councilman Ferrell said if anyone would take a look, it is at a major intersection of an Interstate, which means they have to look at what the proper use is. He asked if it is the use that was assigned to it a couple of years ago, which some people choose to hang to, but said it may not be what is actually fit for today because it was made some years ago by other people. Councilman Ferrell further commented. Councilman Ferrell understood that not everyone in Leisure- ville was opposed to the project. Sometime way back, had someone opposed any change in the zoning or density of Leisureville, he did not think many of them would live there today. There was some applause. As far as the profits, Councilman Ferrell echoed what Councilwoman Zibelli mentioned. He was not on the Council to see that anyone made money but, by the same token, it was not his job to see that they do not. Councilman Ferrell knew Mr. Lehnertz worked for a living for somebody and said he makes some money doing something, and he would not want the Council to interfere with that. He would want the Council to be fair, and Councilman Ferrell thought that was what the Council had to offer, and he elaborated. Councilman Ferrell concluded by saying they had nothing to lose by doing what they were elected for and going ahead. If the Council was willing to sit and go through public hearing and the whole process again, he was sure everyone would be dying to come out again for a couple more meetings. There were comments by the Council. Mayor Cassandra was concerned because he did not know all of the facts about this. He knew Attorney Perry would not go to Court without preparing his brief and understanding every- thing before he walks in Court. Mayor Cassandra did not understand all of the give and take of the letter, even though the City Attorney read it and he had it in front of him at the same time. He thought due consideration should be given to the proposal. Mayor Cassandra did not think it should not be considered but was not going to consider it in one hour. He admitted he does not necessarily agree all of the time with the other Council Members, and stated that he researches every issue. Mayor Cassandra thought he carried that nickname and said he does his homework, as Attorney Perry, Attorney Vance, and the other Council Members do their homework. Mayor Cassandra informed the audience that the Council received this tonight. As City Attorney Vance said, it was - 24 - MINUTES - CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA AUGUST 5, 1986 probably a better thing than they had before and, as Council- man Ferrell said, they were finally going in the right direc- tion, and the developer has met a lot of City things. How- ever, Mayor Cassandra thought the Council should give it proper consideration. Mayor Cassandra thought Attorney Perry opened the door for a special hearing, but he will not be here next week. Mayor Cassandra asked Carmen Annunziato, Director of Planning, if he had a deadline. Mr. Annunziato answered affirmatively. Mayor Cassandra said one of the problems was the deadline. If it was not considered within a certain period of time, it could not be considered until 1987. City Manager Cheney informed him it would be July of 1987, as there would be processing in the first six months of next year. Mayor Cassandra asked if no special consideration of varian- ces could be made on something. Insofar as a plan amendment is concerned for the Commercial, Mr. Annunziato said they would be accepting applications the 1st of October with processing during the last three months of 1986 for forward- ing the beginning of 1987 and completion the second quarter of 1987, which would give the State January, February, and March to conduct their review. Mr. Annunziato informed Mayor Cassandra that the PUD can occur at any time, so long as the land use stays consistent with the way the Council left it as of the last meeting, concerning the E&A report. He explained that the proposal before the Council, as far as the PUD was concerned, could be refiled as a rezoning. There are no time limitations involving the State on that application, so long as the land use remains as the Council left it, following the last public hearing. Mayor Cassandra asked if Mr. Annunziato was saying if the Council left the E&A report the way they had it, this request for a PUD could come in at any time, and there would be no time limit. Mr. Annunziato confirmed that was right. Mayor Cassandra said what was involved was a motion either to accept the proposal of settlement or not to accept the proposal of settlement. He questioned whether there was a third step that would say they should give the Council a chance to review it. City Attorney Vance advised that if the Council so desired, they could indicate to the applicant that they would like to study the matter. However, the Council has to forward the E&A report, and that would mean that the PCD would be postponed until some time in 1987. - 25- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Both Mr. Annunziato and City Attorney Vance confirmed that the PUD would not be postponed if tk its E&A report. City Attorney Vanc~ could continue discussions with the PUD. Mr. Annunziato advised that t! out of this settlement in order for the E&A report, based on the existi~ e City does not change added that the City ~pplicant regarding the ~ PCD would have to drop the Council to forward F land use. Mayor Cassandra asked Attorney Perry if that was correct, as far as what he heard, and inquired w3ether he would agree that if they leave the E&A report as come before the Council again and th 1987. Attorney Perry replied that w be unacceptable. They would withdra ment, if that were the case. Member City Manager Cheney confirmed that M it is, the PUD could ~ PCD would die until ~s correct, and it would ~ the offer of settle- ~ of the Council and ~yor Cassandra heard Attorney Perry right and that he said it would be unaccept- able. Attorney Perry clarified that the PCD going into 1987 was unacceptable. Councilwoman Zibelli asked how long they had been going on this. She knew it had been going on before she got on the Council. Mayor Cassandra thought it must have been a year. Attorney Perry said it was over a year, Mayor Cassandra said that was not the concern. CounCilwoman Zibelli was aware of that but reiterated that somewhere along the line they had to make a decision. Motion Councilman Ferrell thought it was obvious that whatever motion they-would make would experience a rough time, and he called attention to the fact that oniy four Members were present. He moved to accept the proposal of settlement made by the Attorney for Tradewinds, and to go to first reading. Councilwoman Zibelli seconded the motion. Councilman Ferrell did not want anyoge to think he missed any of the cues coming from the crowd and ignored them. What they had to look at was that they were not making any final decision tonight, but were saying they want to go t ahead and do something with it. I Would give those that preferred to time to go out, line up their armies, and bring them into the meetings, and do whatever needed to be done, and he explained. If it is put off into 1987, Councilm~n Ferrell asked who would be here then, and he remarked that it would be the - 26 - MINUTES- CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 easy way out for some of the Council Members, but some would still be here. Those who are staunchly concerned about it would feel a little more comfortable, as they would still be in a position to address it. Councilman Ferrell thought they had to make a decision on it and was unhappy that they put it off the last time. City Attorney Vance pointed out that they would have to make a change in the E&A report, and that would be a permanent commitment by the Council to that change. Councilman Ferrell agreed, but added that would have to come after this. They were not going to do it in this motion. City Attorney Vance advised that was incorrect and informed Councilman Ferrell they would have to do it tonight. Mayor Cassandra added that it would have an effect because they would have to change the E&A report, as far as the PUD and the PCD. Should they not go ahead with this, whatever the reason may be, it was Councilman Ferrell's understanding that the portions of the E&A report that pertain to either the PCD, PUD, or anything, would remain unchanged. City Attorney Vance disagreed and advised that the portion that covers the land in the PUD would remain unchanged. The portion that covers the land in the PCD, if it remains unchanged, pushes the PCD into 1987, so there has to be a decision tonight. Councilman Ferrell interrrupted to add, "based on the action taken on the E&A tonight." City Attorney Vance confirmed that. Councilman Ferrell asked if the portion going into the PCD would have to be approved tonight. City Attorney Vance replied that as to the part dealing with the PCD, it would not matter because the language, as it exists, permits the PCD application, but the Council would have to modify the language in the E&A report tonight because it had to go to include the retail commercial, or they would be into 1987. In essence, City Attorney Vance said there had to be kind of a final decision. If they agreed with the settlement, Mayor Cassandra said the &A report must be addressed tonight to agree with whatever the decision tonight is. Vice Mayor Zimmerman was opposed to the motion. Councilwoman Zibelli commented that whether it was politically good for this group or not, they had to make a decision. She thought it was just opening it up for people to come back in again, saying what they want to say. The~ would then be making a definite decision after that. Nothing would be held over until 1987. - 27- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 If the motion passes, Mayor Cassandra said they would definitely be making a decision for the land use on the E&A report, and the people would not have an input for that portion. He asked if that was correct. Attorney Perry advised that was not correct, and he told the Council that the only decision they were making on the E&A report was relative to the commercial tentacle they were talking about in the PCD. The PCD itself, when the E&A comes back from Tallahassee from the Department of Community Affairs, it has to then go to Ordinance readings, so public hearings would still be held on that. That is not a final conclusion on the PCD. Although Mayor Cassandra valued Attorney Perry's opinion, he asked Mr. Annunziato to clarify it, because they were again having that disagreement. Assuming the settlement is positive, Mayor Cassandra asked what action then must they take on the E&A report. Mr. Annunziato answered that two things would have to occur. The City would have to take the application out of the post- poned status that Tradewinds has for the PCD. The connota- tion of doing that is the amendment to the E&A report Future Land Use Amendment now to push the commercial land use category northward to about llth Avenue. That can happen tonight, subject to the Council's approval. If that goes, Mayor Cassandra asked whether the people would have any input to that in the future, and he questioned whether they could change that land use push. Mr. Annunziato replied that the approval of the E&A report would not necessarily connote that they were going to approve the rezoning application. They could still have the land use reflect Retail Commercial and deny in December of 1986 this request for a PCD. Mr. Annunziato said Attorney Perry was right to the extent that if, in fact, the settlement was accepted, including the PCD, and the E&A report providing for these land uses, in December of 1986, a public hearing on second reading on an Ordinance to approve that PCD request must be conducted. Councilman Ferrell asked when the report has to be forwarded. Mr. Annunziato answered that the Planning Department is about at its limit as to what they can accomplish in 1986. City Manager Cheney interjected that the City has to file an E&A report right off because if they do not, they stand the risk in November and December of not having time to do the - 28- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 final Ordinance approval of all the other people the Council wants to approve, who are a part of the package going to the State. In fairness to all of those people, the City has to get the E&A report out of here by the end of this week. For example, if they approve it tonight, and transmit the E&A report Friday, Mr. Annunziato said three months from Friday will be the soonest the Council can act on an Ordinance on first reading and then, subsequent to that, an Ordinance on second reading. That will put them into November through early December. That is why they feel this is about the last day they can reasonably go forward under the schedule they are under, or to push it into 1987. City Manager Cheney thought the key was that if they went through the first reading of the Ordinance, then amend the E&A report as it now stands, that would not commit them to a specific rezoning of the PCD in the future. On the other hand, they cannot do the PCD if they do not amend the language. The amendment of the E&A report does not commit the Council to rezone. It will be a public hearing. If they do not amend the E&A report of the Comprehensive Plan, then City Manager Cheney said the Council could not consider the larger commercial area, which is what the PCD is. If they wanted to go ahead tonight, they could go ahead with it, do the E&A report, but there would be no commitment on the PCD. The PUD is still an open ended thing. That the Council can do any time it wants to, because they left the land use plan in the E&A report the way they adopted it in 1979. This PUD can be approved and be consistent with the 1979 Comprehensive Plan, which is what the Council is now supporting. Councilman Ferrell's point was that if they went ahead at first reading, it could still go through the process of the second reading, be defeated, and be changed. All they were doing was allowing the opportunity for everyone. If they keep shutting the door and putting it off, it will be wait- ing for them. There were further comments. Mayor Cassandra stated that he would still like to read what the Council got tonight. Councilwoman Zibelli did not dis- agree with that. Councilman Ferrell agreed but felt putting it back two weeks would allow him two weeks to read it until second reading. In the interest of fairness and getting it over with, he did not see the problem. - 29 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 If the Council accepted the settlement, Attorney Vance said they would get at least the benefits of the settlement. If they proceeded to first reading .without accepting the settle- ment, they would be compromising the City's position without having the benefits of the items in the settlement. He added that he had to tell the Council that. If the Council accepts the settlement with all of the conditions in the letter, and then they are denied, Mayor Cassandra asked, "Then what?" At that point in the game, City Attorney Vance advised that the City would not have a settlement. He confirmed Mayor Cassandra's statement that all of the conditions were conditions upon the second hearing, not the first hearing. Vice Mayor Zimmerman again reminded the Council of the unanimous promise they made that if the PCD was brought up, they would notify the public. So there was no question in anyone's mind, Councilman Ferrell responded that was exactly what he said. He said, "Let's bring it to the public." Councilman Ferrell repeated they should not keep playing games and putting it off. Councilwoman Zibelli echoed his comments and added that they should bring it to the public and get it settled. Councilman Ferrell agreed 100% with Vice Mayor Zim~erman that the P&Z Board should see it. At the request of Mayor Cassandra, Mrs. Kruse took a roll call vote on the motion: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell The vote was 2-2. Aye Nay Nay Aye City Attorney Vance stated that the settlement was not accepted. THE COUNCIL TOOK A BREAK at 9:35 P. M. at 9:48 P. M. The meeting resumed DEVELOPMENT PLANS ae Consider approval of request to remove excess fill from the project site - The Landinqs Councilman Ferrell moved, seconded by Councilwoman Zibelli, to approve the request. Motion carried 4-0. - 30 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Consider approval of time extension request for filing the final plat for Lakeside Vice Mayor Zimmerman noted the extension was for six months. Councilman Ferrell moved to approve the time extension request, seconded by Vice Mayor Zimmerman. Motion carried 4-0. Ce Consider request for extension of zoning approval - Lakes of HyDoluxo Planned Unit Development Mayor Cassandra noticed this was approved on January 3, 1985. The zoning remained in effect for 18 months until July 3, 1986 and has since expired. Mayor Cassandra did not remember what this PUD was all about. Mr. Annunziato explained that Lakes of Hypoluxo is a single family zero lot line subdivision on Hypoluxo Road, located about 2,000 feet east of Lawrence Road. When it came up, he recalled that Vice Mayor Zimmerman asked him to contact the adjoining property owners to see if they wanted to annex. Mr. Annunziato said it has approximately sixty units. Mayor Cassandra asked if it was consistent with the Comprehensive Plan. Mr. Annunziato answered affirmatively and said the density is around four units an acre. Vice Mayor Zimmerman moved to approve the request for a one year extension, seconded by Councilwoman Zibelli. Motion carried 4-0. Summary of Comprehensive Plan E and A actions taken by Mayor and City Council on July 21, 1986 (Action will be forwarded to State as a part of 1 of 2 Comprehensive Plan Amendments in year 1986) Page 3 - Swale Parking Mayor Cassandra recollected that the recommendation was that parking in swales be prohibited. He did not believe the Council acted on the second half, which said they would be allowed to park in the yards now. Mayor Cassandra thought there was no action on that, and he believed the Council did not want any action. He thought they should delete "but continue to allow parking in yards". Mr. Cannon explained that the E&A report made a specific recommendation that parking on grass in yards also be prohibited. It seemed to him that the City Council explicitly - 31 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 stated that they wanted only parking in the swales. Mayor Cassandra said that was correct and asked if the omission would make it an admission. Mr. Cannon thought if the Council wanted to negate any of the language in the report, they should do it. He informed City Manager Cheney that the E&A report states that parking, not only in swales, but also in yards should be prohibited. After further comments, City Manager Cheney asked the Council what they wanted to do. Councilman Ferrell replied that he would rather have the E&A report say nothing about parking in yards. City Manager Cheney said they would have the discussion tonight show that any reference to parking in yards would be taken out of the E&A report, and they will specifically prohibit parking in swales as a policy. Councilwoman Zibelli asked Mr. Cannon what his feeling was on this. Mr. Cannon replied that the Planning Department's position was reflected in the report that was submitted, and he elaborated. City Manager Cheney reminded the Council that they agreed not to adopt an Ordinance right now. He had several phone calls from people asking where they would park if an Ordinance was passed. City Manager Cheney explained what the Council was doing and told them an Ordinance was not being passed. City Manager Cheney said it may be the City would not want to make references to yards now. When they begin to pass that Ordinance, he felt an interesting series will be asked at that time. Councilman Ferrell thought also in the section of town where they would have the most problem with the Ordinance was where they do not even have driveways. He thought it would be better to leave it go for now. As it is a problem, City Manager Cheney said they will have to discuss it some day. Bottom of page 6 and the top of page 7 Area 38 and Area 39 Mayor Cassandra asked if they were talking about the two parcels on 23rd Avenue and Congress Avenue in Golfview Harbour. Mr. Cannon answered affirmatively. Mayor Cassandra asked if they did not have to make a positive sta- tement of what zoning they want there. He read that for Area 38, they were to change the Future Land Use Plan from "Public and Private Governmental/Institutional,, to "Moderate Density Residential". City Manager Cheney explained that it was generalized. - 32- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Tradewinds City Manager Cheney told the Council to leave that as it is in the 1979 Comprehensive Plan. Page 7, Little League Park Councilman Ferrell asked if they were assuming, if they need expansion in the future, that they will build a second field.~ He recalled at one time they talked about expansion of the cemetery and moving the park somewhere else. If they go with this, Councilman Ferrell thought they were saying they would move the cemetery somewhere else. If they need addi- tional ball fields, they will have to build them somewhere else. Councilman Ferrell said they would have a split cemetery operation and a split ball field operation. There was discussion. City Manager Cheney clarified that a part of the Comprehensive Plan's idea is to put ball fields on North Seacrest at 17th so you would get an opportunity for play in both sides of the City. Team leagues play each other on different fields. City Attorney Vance advised that they could vote on the three recommendations in one motion. Mr. Annunziato said they should then make the announcement in "(4) of his memo of July 30th to City Manager Cheney, which is attached to the original copy of these minutes as "Addendum B". Councilman Ferrell moved to approve the Evaluation and Appraisal Report, subject to the comments in the memo and the comments just made; to make a finding that the Report meets the statutory requirement for internal consistency; and to transmit the Report and the three land use amendments to the Department of Community of Affairs, subject to the findings made in the letter attached to said memo. Council- woman Zibelli seconded the motion. A vote was taken on the motion, and the motion carried 4-0. Mayor Cassandra announced that the E&A Report and land use amendments will be the subject of public hearings, which will be held at the time of final approval, and which will be advertised prior to these hearings. Mayor Cassandra thanked the Planning Staff for a job well done. - 33- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Report relative to proposed Planning and Zoning actions west of Boynton Beach (postponed from July 15, 1986 Meeting) Mayor Cassandra said this would be the County. Petition $11 - West side of Military Trail, 1/3 mile south of Golf Road Mayor Cassandra read that there was a request for "Commer- cial Potential" designation on a nine acre parcel. The property is presently limited to residential development under the Cunty's "Low-Medium Density Residential" land use category. The City recommended that this land use amendment should be opposed since it would set a precedent for strip commercial development along Military Trail. Mayor Cassandra read the remainder of the City's recommendation. City Manager Cheney said the City wanted to know whether the Council wants staff to actively oppose these items during the County process. Vice Mayor zimmerman asked if the City would be going in person. City Manager Cheney replied that it would depend on how the Council felt. Mayor Cassandra commented that it would be something the City would inherit, and he felt Military Trail was close enough for the City to get actively involved because of the inevitable expansion that might occur. Petition $12 - Indian Springs - West side of Military Trail, 1.2 miles south of Boynton Beach Boulevard One request was for "Commercial Potential" on an 18 acre parcel. The other was for "Medium-Medium High Density Residential" on a surrounding 18 acre tract. Councilman Ferrell noticed the City's recommendation was to oppose the density increase to "Medium-Medium High Density" but not to oppose the Commercial. The City further recommended that the City should remain neutral with respect to the Commercial designation. Councilman Ferrell asked if the City would not be concerned to want to go in actively if they were considering going one way or the other. If they wanted to be active as far as Commercial at that intersection, Mr. Annunziato said the Council could support it, or they could be neutral. There is a real concern as far as the density increase because it would relate to the City's ability to serve. There were remarks about the location. - 34 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Petition #13 - Northeast corner of Military Trail and Old Boynton Road The request was for "Commercial Potential" on a 17.53 acre parcel. The recommendation was to remain neutral. Mr. Annunziato said there are two shopping centers south of this parcel (one on either side of Military Trail). This is an extension along that same corridor northward. You could argue that this is an extension of the existing commer- cial potential area. The City reviewed it in connection with its ability to serve, and there are utility means in the area. There was discussion. Petition #15 Southwest corner of Old Boynton Road and Knuth Road Mayor Cassandra noticed this was also a request for "Commer- cial Potential", and he read the reasons why the City should strongly oppose this change in land use. Mr. Annunziato informed the Council this is on the west side of Knuth Road. Several years ago, in determining what the land uses should be in the area between Knuth Road and Congress Avenue, Old Boynton Road and Boynton Beach Boulevard, the Council more or less instructed staff that Retail Commercial would end in the vicinity of Winchester Park Boulevard. There would be Office and Professional/Commercial west of that to Knuth Road, and Knuth Road would form the border where they would then have High Density Residential. Mr. Annunziato continued that Oakwood is being constructed, and the City Council granted a utility agreement for another residential property that is one property west of this property. The recommendation was in keeping with Council's actions in the past. There was discussion. The Council agreed with the recommendation. Petition 916 - East side of High Ridge Road, 1/4 mile south of Hypoluxo Road The request was for an "Industrial Potential" designation on a 26.5 acre parcel. The recommendation was that it is an inappropriate location for industrial uses and should be developed for "Low Density Residential" use. Therefore, the City should oppose an industrial land use designation for the parcel. Judy Cindrick, 1887 Finn Hill Drive, Lantana, wanted to confirm that they are a little bit north of the proposed 500 - 35- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 acre Commerce Park that will be going in at N. W. 22nd Avenue. She indicated the 26.5 acre parcel where the deve- loper wants to put an industrial park and said it would be in the middle of the residental area. Ms. Cindrick empha- sized that they feel it is absolutely ridiculous, and they do not need that in a high quality, "Low Density Residential" area. She added that they feel it would just be a money maker for the developer and feel that the City will agree with them and recommend its denial to the County. City Manager Cheney said "Residential" is to the north and south of Ms. Cindrick. She added that it is also.to the west of them. City Manager Cheney commented if anything, this was spot zoning. There is "Residential" on three sides and 1-95 on the other. Mayor Cassandra asked if the Council agreed with the recommendation. Councilman Ferrell was not positive and said he was not agreeing or disagreeing. There was discussion. Ms. Cindrick showed an appraisal and pictures of her home so the Council would have some feeling as to the type of quality in the area. Councilman Ferrell was familiar with the area. Ms. Cindrick said the quality has been high quality, and they feel if it is left alone to develop resi- dentially, a high quality home will be built there, and it will be an asset to Palm Beach County and the City, should they be annexed. If an industrial development is allowed to come into their midst, Ms. Cindrick said it will create a situation where the "Residential" will not develop as it should, and possibly many people will sell their homes. Councilman Ferrell preferred to drive up and take more of a look at it, and he explained. Vice Mayor zimmerman commented that there is a huge amount of "Industrial" and "Commercial" there, and if it is needed, then it is needed. Councilman Ferrell did not agree and said it was not up to the Council to determine need. He added that the Council could do what they wanted to. Mayor Cassandra gathered the feeling was to go along with the recommendation of the Planning Director. Petition #17 - Northeast corner of Hypoluxo Road and High Ridge Road The request was to delete "special commercial policy" language which prohibits access onto High Ridge Road. As it would not affect the City, the recommendation was that the City should remain neutral. The Council agreed with the recommendation. - 36- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Petition 918 - Northeast and northwest corners of Congress Avenue and Hypoluxo Road The petitioner requested "Commercial Potential" on two parcels, each of which occupies approximately one acre. Presently, the parcels are limited to residential develop- ment. As it would not significantly affect the City, the recommendation was that the City should remain neutral. The Council agreed. Petition 919 - West side of Military Trail, 3/4 mile south of Hypoluxo Road The request was for "Commercial Potential" for a four acre parcel from a "Low Medium Density Residential" The recommendation that development of the parcel for warehouses would be incompatible with the future use of surrounding parcels and would set a precedent. Therefore, the City should oppose this. The Council agreed. Vice Mayor Zimmerman moved to go along with the recommen- dations of the Planning Director on Petitions 11, 12, 13, 15, 16. 17, 18, and 19 as recommended and to direct the Planning Director to present the City's case. Councilman Ferrell said some of the Members were taking the stand of being neutral and not supporting anything at best. It seemed like it was a policy statement that they were going to speak to what they were going to do in the County, which none of them could realize anyway. The Council were also questioning the fact that the County could have some say into the City's annexation. To the extent that the City is really involved in utilities, Mr. Annunziato said there is a requirement for the City to be involved. In fact, the County will solicit the City's input. For example, if the City ignored these, and they were all approved, before there could be a rezoning in the County, the applicant would solicit the City's involvement because of the utility agreement. Councilman Ferrell asked if the intent of this was so the City could cut off somebody coming in for the service agreement and rezoning. Mr. Annunziato answered affirmatively. Councilman Ferrell commented that they would not end up going to the City Council. Mr. Annunziato said it would depend on what the County Commission does. Councilman Ferrell asked if they were eliminating applicants from coming before the Council as they do now when they come for an agreement for zoning. - 37- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Mr. Annunziato clarified that if the County Commission accepted all of these recommendations and followed them exclusively, it would preclude the potential, at least for the "Commercial" applications, for that person to see the "Commercial" rezoning because there is no underlying land use category to accept that "Commercial" rezoning. Before they get to development, City Manager Cheney said applicants will still be required~to have the agreement that someone is going to provide them utilities. This forewarns the applicant as to what the City's position relative to its ability to serve a particular density, and City Manager Cheney explained. Councilman Ferrell guessed his concern was, for example, High Ridge Road. He had no problem with forwarding all of the concerns expressed by the City on the project. What worried him was their active role in opposing when they may not be aware of everything, because that would be making a policy statement at a County hearing. They would not be there and would not know what would be brought up. Mr. Annunziato called attention to a letter he received from Stan Redick, County Planning Director, dated June 25, 1986, which asked the City to send comments. City Manager Cheney said they had a staff request that the City take a position, and they had a policy concern as to whether the Council, as a policy body, wanted to take a position. There was discussion. City Manager Cheney said they were going to have some impact on each other's recommendations as to what happens to their boundaries. He questioned whether the Council wanted that. Councilman Ferrell agreed but had a problem with making a statement that was like one page, and he said they were going to actively oppose it rather than address the concerns. In opposing it, City Manager Cheney advised that the City Would address its concerns along with the opposition, as to why they are opposing it, and he elaborated. Mayor Cassandra noticed the motion died for lack of a second and said the Council had to take action, no action, or partial action. Vice Mayor Zimmerman suggested they take the Petitions one at a time. Councilman Ferrell wondered if it could take two more weeks because he wanted to talk to Mr. Annunziato about it. Mayor Cassandra read that the County wanted any written comments prior to August 11. There will be a review of the applications on August 25th. - 38- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 City Manager Cheney pointed out that a written comment would not prevent the City from orally testifying. If they do not do it until the day of the hearing, the body will still get the City's comments, but they will not get it written in a package before they get there. He thought they could still do it at the public meeting. If they forward in writing that these are their concerns, Councilman Ferrell did not think it would be taking an active role. Then they would have time to see how active they want to be. Councilman Ferrell did not haVe a problem with that. Mr. Annunziato was not sure of the County's process or the significance of August llth but suspected that the August llth date relates to the Palm Beach County Planning Staffs' packet of information that they will prepare for the County Commission. For example, on the one Councilman Ferrell was discussing (High Ridge Road), the County Planning Staff's preliminary findings were that it should be denied. There was discussion. Councilman Ferrell hated to make a policy sta- tement on something they got a brief report on, and he expounded. Councilman Ferrell moved that they go with the recommenda- tions on each Petition and forward them as concerns the City would like to address. City Manager Cheney asked if he meant not to include a recommendation paragraph. That was the way Councilman Ferrell said he would feel. He reiterated that he would like more time to talk about it. Vice Mayor zimmerman said it was understood that whether they write a letter or not, they can go to the hearing. City Manager Cheney thought the advantage of this motion was it would put in the packet that goes to the County Planning Staff a written statement of the City's concerns without taking a position. Then if the City wants to take a position later on, they can do that orally. Councilwoman Zibelli seconded the motion. Mayor Cassandra said the motion was that the City write a letter expressing concern on the Petitions. Councilman Ferrell clarified that they were not forwarding all of their concerns as they were l~isted and were not putting themselves in a position of making a decision without having all of the information. He hiad no problem with forwarding what the Council or City Staff sees as problems, A vote was taken on the motion, and the motion carried 4-0. - 39 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading Proposed Ordinance No. 86-14 Re: Amendment to Noise Ordinance City Attorney Vance read proposed Ordinance 86.14 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 OFFENSES - MISCELLANEOUS, ARTICLE I, IN GENERAL SECTION 15-8.8. SAME - SOUND LEVELS BY RECEIVING LAND USE OF THE CITY OF BOYNTON BEACH NOISE CONTROL ORDINANCE TO PROVIDE THAT ALL REFERENCES IN SAID SECTION TO DECIBEL (dB) SHALL ALSO BE REFERRING TO THE "A" WEIGHTED SCALE; PROVIDING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 15 OFFENSES - MISCELLANEOUS, ARTICLE I. IN GENERAL SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Councilman Ferrell left the room at 10:27 P. M. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-14 on first reading, seconded by Councilwoman Zibelli. Mrs. Kruse took a roll call vote on the motion: Councilwoman Zibelli Vice Mayor Zimmerman Mayor Cassandra Aye Aye Aye Motion carried 3-0. Proposed Ordinance No. 86-15 Taxi Cabs Re: Amending Rates for City Attorney Vance read proposed Ordinance on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 24, TAXI CABS, SECTION 24-20. RATES OF FARE ESTABLISHED. TO INCREASE THE MAXIMUM - 40- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 PERMISSIBLE FARE THAT MAY BE CHARGED FOR THE USE OF A TAXI CAB; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 24 TAXI CABS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PRO- VIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-15, seconded by Councilwoman Zibelli. A roll call vote was taken by Mrs. Kruse: Mayor Cassandra Vice Mayor Zimmerman Councilwoman Zibelli Motion carried 3-0. Aye Aye Aye Proposed Ordinance No. 86-16 Construction Code Re: Adopting Coastal City Attorney Vance read proposed Ordinance 86-16 on first reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A COASTAL CONSTRUCTION CODE; SETTING FORTH THE PURPOSE AND SCOPE THEREOF; PROVIDING REQUIREMENTS FOR EXISTING STRUCTURES; SETTING FORTH PROVISIONS FOR THE CONSTRUCTION SEAWARD OF THE MAIN HIGH WATER LINE AND REQUIRE- MENTS FOR THE APPLICATION FOR BUILDING PERMITS; PROVIDING DEFINITIONS; PROVIDING COASTAL CONSTRUCTION REQUIREMENTS FOR MAJOR STRUCTURES, INCLUDING FOUNDATIONS, UNDERSTRUCTURES, BUILDING AND FLOOR ELEVATIONS, EROSION AND DESIGN GRADE, WAVE FORCE DESIGN, HYDROSTATIC LOADS, HYDRODYNAMIC LOADS, AND GENERAL DESIGN CONDITIONS; PROVIDING STRUCTURAL REQUIREMENTS FOR NONHABITABLE MAJOR STRUCTURES; PROVIDING STRUCTURAL REQUIREMENTS FOR MINOR STRUCTURES; SETTING FORTH REQUIRE- MENTS FOR THE LOCATION OF CONSTRUCTION; SETTING FORTH PRO- VISIONS CONCERNING PUBLIC ACCESS; PROVIDING REFERENCES FOR DESIGN PEkAMETERS AND METHODOLOGIES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved to adopt Ordinance 86-16 on first reading, seconded by Councilwoman Zibelli. Mrs. Kruse took a roll call vote on the motion: Vice Mayor Zimmerman Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Motion carried 3-0. - 41- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Proposed Ordinance No. 86-17 Re: Establishing a Coastal Buildinq Code City Attorney Vance read proposed Ordinance 86-17 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE I. IN GENERAL, BY CREATING A NEW SECTION 5-6, ESTABLISHING A COASTAL BUILDING ZONE FOR THE CITY AND PROVIDING THAT THE COASTAL CONSTRUCTION CODE SHALL APPLY TO ALL BUILDING WITHIN SAID COASTAL BUILDING ZONE; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman moved to adopt Ordinance No. 86-17 on first reading, seconded by Councilwoman Zibelli. Mrs. Kruse took a roll call vote. Councilwoman zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 3-0. Aye Aye Aye e Proposed Ordinance No. 86-18 Re: Annexing Certain Rights-of-Way (Public Hearing held on July 15, 1986 City Attorney Vance read proposed Ordinance No. 86-18 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; SAID PROPERTY COMPRISING THE EXISTING RIGHT-OF-WAY FOR A PORTION OF GULF STREAM BOULEVARD, PORTIONS OF FEDERAL HIGHWAY (U. S. 1), PORTIONS OF HYPOLUXO ROAD, PORTIONS OF OLD BOYNTON ROAD, AND ALL OF WINCHESTER PARK BOULEVARD; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT AND FOR OTHER PURPOSES" - 42- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Vice Mayor Zimmerman did not know if it was wise to include all of Winchester Boulevard now but commented that what pocket it formed probably would not remain very long. There- fore, he moved that they adopt Ordinance No. 86-18. Council- woman Zibelli seconded the motion. A roll call vote on the motion was taken by Mrs. Kruse: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Motion carried 3-0. Aye Aye Aye 6. Proposed Ordinance No. 86-19 Re: Annexation - Edward I. Singer Parcel - Greentree Plaza (Public Hearing held on February 4, 1986) City Attorney Vance read the proposed Ordinance 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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PRO- VIDING 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." After discussion, City Manager Cheney informed Vice Mayor Zimmerman that the Ordinance was on annexation only. The zoning had been taken care of. Councilman Ferrell reentered the room at 10:35 P. M. Vice Mayor Zimmerman moved to adopt proposed Ordinance No. 86-19 on firSt reading, seconded by Councilwoman Zibelli. roll call vote was taken by Mrs. Kruse, as fOllows: Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Aye Aye Aye Aye A Motion carried 4-0. - 43- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Proposed Ordinance No. 86-20 Re: Annexation - United States Post Office (Public Hearing held on December 4, 1984) City Attorney Vance read proposed Ordinance 86-20 on first 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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(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 ADVER- TISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE S~ALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman wondered why the City had to pay the $17,307.50. City Manager Cheney clarified that Vice Mayor Zimmerman was talking about item "A" which would come up under "ADMINISTRATIVE" later in the agenda. Vice Mayor Zimmerman pointed out that the two are tied together. City Manager Cheney reminded the Council that they discussed this a year or so ago. At that time, it was agreed that the post office would pay for what the City felt to be their share of the utility lines, and the City would put in utility lines and pay so they would have the utility lines to serve land south of the post office. City Manager Cheney said the City is over sizing it, putting the money up front, and will get it back out of utility charges, etc. from the two parcels to the south of the post office. Vice Mayor Zimmerman asked how wide the roadway is now. City Manager Cheney answered that the post office will be dedicating 15 feet, so it will be 45 feet through their area. - 44 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 The post office will be constructing a sidewalk up to their building, so if you were walking from Congress Avenue south, you would be able to walk on a sidewalk to their building. Vice Mayor Zimmerman inquired whether the post office will do anything about better access from Boynton Beach Boulevard. City Manager Cheney replied that there is nothing they can do. Their policy is not to condemn land for post office facilities. They could not work out an agreement with the neighbor to the west to buy land, and even if they could have, on a willing buyer, willing seller thing, and had they gotten the land for zero dollars, City Manager Cheney said the cost of providing the access was probably over $50,000, because it goes through a wet area that would require a substantial amount of drainage and environmental kinds of problems. If the post office had come in ahead of time and talked to the City about the issue, access, and a lot of land all at one time at one price, City Manager Cheney said that would have solved their whole project cost, but the post office bought the land and then came to the City. That was when the City asked them about access. City Manager Cheney elaborated and added that the post office does not have to follow the City's Codes, building permits, or anything. As soon as the City annexes them, Vice Mayor Zimmerman remarked that the post office will get free Fire and Police protection from the City, because the post office does not pay taxes, and they will get a cut in their water and sewer rates as soon as they come into the City. He felt the City was doing them a big favor. City Manager Cheney informed him that the post office does not pay the surtax. Vice Mayor Zimmerman referred to other areas that are still in the County and suggested that maybe a big pocket would not be too bad. City Manager Cheney thought they could get fussy about the fact the Federal Government does not pay taxes, but it seemed to him if any City's citizens have an accident at the post office, they will not accept the e~planation that it is next to Publix, but the City will not provide Police service there. Besides that, the City has a development further out, Jim Gallo's property, and con- siders out to Knuth Road, on the south side, and Lawrence Road, on the north side, as being in the City. It seemed to him it was a contiguous part of the City. The fact they do not pay taxes is just the way our government structure is. - 45- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Councilman Ferrell brought out public safety and a potential for crime with mail thefts. City Manager Cheney also thought if the City ever tries to resolve the issue of the folks who live north of Miner Road, up to Hypoluxo, with a Lantana address, who have been battling to have their zip codes changed to a Boynton Beach address, to be consistent, the City should consider annexing the post office. Councilman Ferrell moved to approve Ordinance No. 86-20 on first reading, seconded by Councilwoman Zibelli. Mrs. Kruse took a roll call vote on the motion: Mayor Cassandra Vice Mayor Zimmerman Councilman Ferrell Councilwoman Zibelli Motion carried 3-1. Aye No Aye Aye 0 Proposed Ordinance No. 86-21 Re: Annexation - Knuth Road Associates Parcel (Public Hearing held on December 3, 1985) "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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA,- AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES" Vice Mayor Zimmerman asked if the Zoning Ordinance had already been passed on this. He noticed that it was to be simultaneous with this Ordinance and asked where it was. Mr. Annunziato answered that this Ordinance has to be adver- tised for four weeks. Programming the approval of the Land Use and Zoning will require that at the next Council meeting, the Ordinances for an Amendment to the Land Use Element and - 46- MINUTES - CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA AUGUST 5, 1986 Rezoning will have first reading. Then at the subsequent meeting, following the four weeks' advertisement of this, all three ordinances will get simultaneous approval. Vice Mayor Zimmerman observed that the use requested is for Office/cOmmercial and saw nothing wrong with that. City Manager Cheney said this first reading was scheduled so the public hearings will be at the same time. Vice Mayor Zimmerman moved to adopt Ordinance No. 86-21 on first reading, seconded by Councilman Ferrell. A roll call vote on the motion was taken ~by Mrs. Kruse: Vice Mayor Zimmerman Councilman Ferrell Councilwoman Zibelli Mayor Cassandra Aye Aye Aye Aye Motion carried' 4-0. m Proposed Ordinance No. 86-22 Re: Annexation - Max Schorr Parcel (Public Hearing held on September 17, 1985) City Attorney Vance read proposed Ordinance No. 86-22 on first 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 A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUEST- ING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BiEACH, 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 ADVER- TISING; 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" Vice Mayor Zimmerman asked if this zoning would be M-1. Mayor Cassandra replied that this was where they had discussion about the Planned Industrial Development (PID). Mr. Annunziato informed Vice Mayor Zimmerman that the zoning - 47- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 that accompanies this annexation request will be single family. They have to be in the City in order to seek a variance. The only way they could be in the City was to accept a restrictive land use category in zoning. City Attorney Vance advised that then they will go for a variance. Mr. Annunziato said the City is processing a land amendment which would convert the zoning from residential, single family to a PID, if the Board of Adjustment approves a variance. Councilwoman Zibelli pointed out that this is contiguous to the Development of Regional Impact (DRI). Vice Mayor Zimmerman moved to adopt Ordinance No. 86-22 on first reading, seconded by Councilwoman Zibelli. Mrs. Kruse took a roll call vote on the motion: Councilman Ferrell Councilwoman Zibelli Mayor Cassandra Vice Mayor Zimmerman Aye Aye Aye Aye Motion carried 4-0. C. Resolutions None. D. Other: Tradewinds Proposa~ See page 15. OLD BUSINESS None. NEW BUSINESS Resignation of Leonard Mann from Building Board of Adjustment and Appeals Vice Mayor Zimmerman reported that Mr. Mann was disenchanted about being bypassed for promotion from ~Alternate Member to Regular Member, and moved to accept his resignation. Councilman Ferrell seconded the motion. Mayor Cassandra requested that the appropriate thank you letter be sent. Motion carried 4-0. Vice Mayor Zimmerman informed Councilwoman Zibelli that Mr. Mann had been an Alternate Member on the Codes Enforcement - 48- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Board, was never promoted, so he switched to this Board, where he was an Alternate for some time. He is a Civil Engineer, and he feels there may be more use of his exper- tise on the Planning and Zoning Board. There was discussion. Councilman Ferrell stated that there is no rule that says they are to move up. In the last year or two, the Council has done it on occasion. He thought the Civil Service Board says Alternates have to move up. Some people may misunder- stand that and take offense when they should not. If someone has been an Alternate Member on a Board for two or three years, Councilwoman Zibelli thought they should be brought up as a Regular Member automatically. Then the next one who comes along should be an Alternate. Vice Mayor Zimmerman thought that would be a good policy. There was discussion. Councilman Ferrell advised that they would have to change the selection process. Each Member gets to select who they want as positions become available. It might end up in the political process like it used to be. Councilman Ferrell felt when an Alternate is appointed, the one that appoints the Alternate should make that person aware of the fact when an opening occurs. He thought a little communication would alleviate the problem and recommended, when there are vacancies on Boards, that per- haps a short letter could be sent to the Alternate Members. Councilwoman Zibelli added that the Council would at least know whether they wished to be a Regular Member. ADMINISTRATIVE Report on status of Post Office Utilities and access road to the east, acceptance of easement, right-of-way deed and authorizing utility construction Councilman Ferrell moved, seconded by Vice Mayor Zimmerman, to approve the procedure outlined in City Manager Cheney's Memo or August 5, 1986. Motion carried 4-0. B. Review of, comment on, and amend proposed Local Option 2¢ Gas Tax Budget - 1986/87 After a few comments, Mayor Cassandra questioned the "Trans- fer to Vehicle Service". City Manager Cheney explained that last year, the City bought some Street Department equipment. - 49 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 This year, they are buying a sign truck. roads. There was discussion. It relates to On the roads the City was proposing, Mayor Cassandra asked if they were all new roads or undeveloped roads. He still had an adverse feeling where the City picks up the construc- tion of the roads instead of the developer. City Manager Cheney gave an example and then decided that he should probably write a brief description of each road and put a little map with it. In the meantime, if the Council had any comments, they should let him know. Mayor Cassandra wanted the shellrock to the lift station to be on the next agenda. Councilman Ferrell moved to TABLE this item, seconded by Vice Mayor Zimmerman. Motion carried 4-0. C. Consider Barbara Kruger, Chairwoman of Community Relation Board's letter to Mayor and City Council Mayor Cassandra thought the letter was self-explanatory and that the CRB wants publicity to make the citizens aware of what they can do. Councilwoman Zibelli felt the Council should discuss the letter, and she explained. Councilwoman Zibelli moved to TABLE this matter, seconded by Councilman Ferrell. Motion carried 4-0. Councilman Ferrell wanted to see something more definitive and hear specifically what Chairwoman Kruger meant the next time. Councilwoman Zibelli said she knew, but it was now getting late. Df Consider appointment for alternate position on Community Relations Board - Appointment to be made by Councilman Ezell Hester, Jr ................ TABLED As Councilman Hester was on vacation, this matter was left on the table. Ee Consider appointment for alternate position on Planning & Zoning Board - Appointment to be made by Vice Mayor Carl Zimmerman .................. TABLED Vice Mayor Zimmerman moved to remove this item from the table, seconded by Councilman Ferrell. Motion carried 4-0. - 50- MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 5, 1986 Vice Mayor zimmerman moved to appoint Leonard Mann, 1190 S. W. Lake Circle, as Alternate Member on the P&Z Board. Councilman Ferrell seconded the motion, and the motion carried 4-0. Consider request submitted by Mr. Robert Kessel, Presi- dent of Kessel Construction, for reapproval of the existing trailer located at Executive Plaza, Ocean Drive. This trailer was formerly approved by City Council on April 2, 1985 for the Glenhurst Development . . . TABLED City Manager Cheney said this was in response to a question raised by Vice Mayor Zimmerman. The trailer is adjacent to Leisureville. Kessel Construction hopes to utilize the trailer through December 31, 1987, as they anticipate a joint project of some kind. Vice Mayor Zimmerman still questioned whether the Council should approve it for 18 months more because the trailer has been there for a long time. He stated he would be willing to extend it for a year. City Manager Cheney suggested that they extend it for no longer than six months. Vice Mayor Zimmerman moved to extend the request for six months, seconded by Councilman Ferrell. Motion carried 4-0. ~DJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 11:00 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Vice .Mayor Councilman Rec~°d~rngTaS~eCsr~tary ~ - 51 - ' ' ' Cou'~ilman ~~ '~~~ mn ' U- councilwo a AGENDA August 5, 1986 CONSENT AGENDA - ADMINISTRATIVE e ATLANTIC STRIPING & LINE DESIGNING, INC. Striping of N.E. 22nd. Avenue arranged and done through the County by Mr. Charles R. Walker, Jr.,P.E. b~ County Pur~se Order No. 6F-01152. Pay from Local Option Gas Tax FUnd---104-411-541-60-3N e CAMPANELLACORPORATION-FINAL PAYMRNT Final'~payment Cherry Hill Project per Order Granting Motion for Settlement by U.S. Bankruptcy Court: Total amount due Campanella ............. $90,231.80 Order permits City ~o w~thhold .......... 4,500.00 Amount city has to pay ............ $85,731.10 Pay from General Fund---001-000-115-87-00 Reimbursable from Community Redevelopment CARR DRIVEWAYS-FINAL PAYMENT Balance due construction of 26 Car Parking Field west of T-Ball Field at Little League Complex. Pay from General Fund---001-722-572-60-34 $5,910.00 Pay from Utility Tax Fund--3~2-000-247-2U-00 690.50 Total due $6,600.50 BOYNTON BEACH CHAMBER OF COMMRRCE Services for July, 1986. Pay from Publicity Fund---101-191-519-40-54 CLUB CAR Lease and maintenance for 30 carts for July, 1986. Pay from Golf Course---411-727-572-40-33 $ 628.50 .... " " 411-727-572-40-00 ~,590.00 Total due $2,218.50 CRIMMINS CO., INF_ 21,450 Personnel Authorization Forms for Personnel Dept. Pay from General Fund---001-135-513-40-72 "Best of 11 written quotes" DAVIS WATER & WASTE IND., INC. Odophos Liquid No. 1 for Sewage Pumping. Pay from Water & Sewer Rev---401-352-535-30-65 $ 4,967.59 85,731.10 6,600.50 1,250.00 2,218.50 11,794.40 COUNCIL APPROVED: -2- e 10. 11. 12. 13. 14. 15. 16. 17. DESIGN AIR CONDITIONING, ~NCo Installation of air conditioning and duct work for Building Dept. per bid specifications. Pay from General Fund---Split three ways between Building, Engineering and Planning Dept.---S700.00 each. Per bid 5/22/86, Council approved 6/3/86 15 Passenger Van Ford Model % E350 for Recreation Dept. Pay from Vehicle Service Fund---501-193-519-60-88 "State Contract No. 070-00-86-1" ~RNST &WHINNEY~ CPA ~nnual year 9/30/86 for General Fund audit for ended and Water & Sewer Fund. Federal Revenue Sharing Com- pliance Audit for 9/30/85. FLORIDADIESEL TRUCK & INDUSTRIAL INC. Complete overhaul of Fire Dept. Vehicle %805. Pay from Vehicle Service Fund---501-193-519-40-32 FLORIDA MUNICIPAL LIABILITY SELF-INSURERS PROGRAM September installment for General and Auto Liability Insurance and Police False Arrest. Pay from various city funds. ~LORIDA POWER & LIGHT COMPANY Cost to relocate Streetlight at Boynton Beach Boat Ramp. Pay from Federal Revenue Sharing---320-000-247-98-00 HASCO CONSTRUCTION CORPORATION Refund on overpayment of Impact Fees -- Meadows 300. Pay from General Fund---001-000-!15-31-00 HESCO SALES~ INC. 31 various size Containers w/plastic lids for Sanitation Dept. Pay from Sanitation Fund---431-341-534-60-gB "Bid Item" IBM CORPORATION Copier III Model 60 - Monthly Availability charge 7/86 and copy usage 4/15/86 to 5/20/86. Pay from various departments in General, Water & Sewer Rev, Golf Course and CRA. COUNCIL A??RQVED: 2~100.00 14,606.00 5,975.00 5,943.04 26,061.00 1,165.00 ~,980.00 12,191.98 2,514.57 18. 19. 20. 21. 22. 23. 24. 25. 26. ,IB~ CORPORATION Maintenance Service for month of July, 1986 for Printers, Display Stations, Sys/36 Unit, Mag Tape Unit. Pay from various departments in city. LESCO, INC. Summer shipment various types fertilizer for Parks Dept. Pay from General Fund---001-722-572-30-61 Per bid 12/9/85, Council approved 12/17/85 GARY MASSEYCHEVROLET C hevrolet Astro Van for Fire Department. Pay from Vehicle Service Fund---501-193-519-60-81 "State Contract No. 070-00-86-1" MILLER & MEIER ASSOCIATES Architectural Services 5/26/86 through 6/25/86 for Boynton Beach Municipal Facilities Project No. 85906. Pay from Building Improvement Fund---304-195-519-40-6U ~AT!ONAL TRANSMISSIONS~ INC. Rebuilt transmissions, parts and labor for two Sanitation vehicles ~83 and ~74. Pay from Vehicle Service Fund---50!-193-519-40-32 S.G. PHILLIPS CONSTRUCTORS OF FLA., INC. Construction of Plant Expansion Project - SCRWTD Plant, City of Boynton Beach's portion. Pay from 1985 Construction Fund---409-000-169-12-00 DON REID FORD 1986 Ford Ranger Pick-Up for Sewage Pumping Pay from Vehicle.Service Fund---501-193-519-60-88 "State Contract No. 070-00-86-1" ROSS CHEVROLET, ~NC__ 3 Chevrolet 3/4 Ton Cargo Van for Building Maint. Pay from Vehicle Service Fund---501-193-519-60-88 "State Contract No. 070-00-86-1" SOUTHEASTERN MUNICIPAL SUPPLY 1'60 'Feet Ductile Iron Pipe for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-SA Council approved 6/3/86 $ 1,023.50 3,055.30 9,854.24 1,091.60 5,450.60 109,773.10 6,977.40 26,235.00 2,836.94 COUNCIL AP?ROVED: -4- 27. 28. 29. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD City's portion of Regional Board bills for Plant Expansion totalling $35,998.01 to be paid from: 1985 Construction Fund---409-000-169-12-00 City's portion 1985/86 Budgeted Capital Expenditures totalling $3,21~.80 to be paid from: Utility General Fund 403-000-169-12-00 UNIVERSAL SIGNS & ACCESSORIES Galvanized Posts and Aluminum Sign Blanks for Roads & Streets Dept. Pay from General Fund---001-411-541-30-48 XEROX CORPORATION Full Service Maintenance Model 3100 LDC from 1/1/86 to 3/30/86 for Recreation Dept. Pay from General Fund---001-721-572-40-99 $ 39,213.81 1,249.00 1,023.03 The bills described have been approved and verified by the department heads involved: checked and approved for payment by the Finance Department. Grad~W. Swarm, Finance Director I therefore recommend payment of these bills. Pe~Chene2y ,J~-C i~t Manager COUNCIL BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue , Delray Beach, Florida 33445 July 29, 1986 Telephone 272-7061 734-2577 City of Boynton Beach PO Box 310 Boynton Beach, Florida 33435 REQUISITION NO'.: "10:: :.-- TOTAL CONTRACT TO DATE: S. "G. Phillips Constructors of Florida Inc. 'PLANT EXPANSION 9,497,777.00 AMOUNT ADDED BY CHANGE ORDER 39,997.00 AMOUNT DEDUCTED BY-CHANGE ORDER CONTRACT TO DATE: COMPLETED. TO DATE: LESS 10% RETAINAGE NET AMOUNT EARNED: MATERIALS STORED LESS PREVIOUS PAYMENTS '.24,000.00 9,513,774.00 6,940,016.00 694,001.60 6,246,014.40 1,353,723.49 7,380,191.69 AMOUNT DUE THIS INVOICE: 219,546.20 AMOUNT DUE THIS DATE: 50% DUE FROM CITY OF Boynton Beach 109,773.10 BOARD City Council Members of Boynton Beach & Delrav Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1501 North Congress Avenue , Delray Beach. Florida 33445 Telephone 272-7061 734-2577 July 28, 1986 Inv. NO. 8586-97 CITY OF BOYNTON BEACH PO BOX 310 Boynton Beach, Florida 33435 REQUISITION NO. 3 PL~kNT EXPANS ION MANUAL PRODUCTION THIRD DRAW REQUEST $7,500.00 50% DUE FROM CITY OF BOYNTON BEACH AMOUNT DUE AND PAYABLE: $3,750.00 THANK YOU. COUNCIL ~,, PROVED: BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER' TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone 272-7061 734-2577 July 28, 1986 INVo NO. '8586-98 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FLORIDA 33435 REQUISITION FOR PAYMENT NO. 1 PLANT START-UP ALLOWANCE May 1986 Robert Rohack- Video Equipment Purchase Research 228.90 June 1986 Video Xtron Robert Rohack Purchased Battery for recorder and tapes Mica for Video Newtons Radio and TV Camera, Tripod and Accessories Newtons Radio and TV Wide Angle Lens 67.92 73.49 1,501.91 80.96 Robert Rohack Purchase and research Equipment- Video work 114.45 Mark Metcalf July 1986 Rosner's Plant "B" RAS pump Electric Readings 19" Color TV Wilcox Consulting Inco Balmac 211 Vibration Pieter Transcat AC Meter and Accessories TOTAL EXPENSES 50% Due from City of Boynton 67.80 177.00- 750.20 1,491.32' 4,553.95 ~'OUNCiL ,qpp~ Amount due: $2,276.9/ ~ BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue , Delray Beach. Florida 33445 Telephone 272-7061 734-2577 INV. f/ 8586-83 DATE: July '17, '1986 ...... CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FLORIDA 33435 REQUISITION FOK PAYMENT, REF: '- Residen~.!n~pections duriqg Construction - ~,-_7~'"-~'R. ussell and-Axon_Engs.) 00780H .... !nv.#10 PROJECT ANOUNT OF INVOICE: $35,120.14 50% DUE FROM CITY OF BOYNTON BEACH AMOUNT DUE THIS REQUISITION: 17,560.07 CE!VED ,IUt 9/] 1586 CITY MANAGER'S OFFICE' .. THANK YOU. -- ... _-.:~ P~ease attach copy o~ thSs ~nvo~ce ~th your check for pa~ent. Mee_ting: ~ BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach. Florida 33445 INVOICE NO. 8586-87 July 17, 1986 CITY OF BOYNTON BEACH PO Box 310 BOYNTON BEACH, FLORIDA 33435 272-7061 Telephone 734-2577 REQUISITION FOR PAYMENT OF EXPENSES: PLANT EXPANSION ROBERT W. FEDERSPIEL- APRIL ACCT. TRANS-EASTERN INSPECTIONS INC. Tests and Concrete Cylinders TESTING LAB OF THE PALM BEACHES 0ct.'85 Invoices TRAiNS-EASTERN INSPECTIONS INC. Concrete Cylinders and Tests ROBERT W. FEDERSPIEL -PhiY ACCT. ROBERT W. FEDERSPIEL- JUNE ACCT. TRANS EASTERN iNSPECTIONS INC. 318.00 4,091.00 1,127.00 1,295.00 387.00 138.00 5,063.00 TOTA~ EXPENSES: $12,419.00 50% DUE FROM EACH CITY THANK YOU. AMOUNT NOW DUE: $ 6,209.50 CEiVED CITY MANAGER'S OFFICE COt~NCiL A~P~VE, D: BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue . Delray Beach, Florida 33445 Telephone 272-706I 734-2577 INV. # 8586-86 DATE: July 17, 1986 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FLORIDA 33435 REQUISITION FOR' PAYMENT Russell an.d Axon-Engineers PROJECT # . Profes.si.onal .S.ervices Rendered. During Const. Plmn~ E~n~n~ion Znv. J~ll DD'720C AMOUNT OF INVOICE: $!2,4.0.2.93 50% DUE FROM CITY OF BOYNTON BEACH $6,2Ol.47 AMOUNT DUE THIS REQUISTTION: THANK YOU. Please attach copy of this invoice with your check for payment. COUNCIL Mee_t!ng: ~ BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1501 North Congress Avenue , Delray Beach. Florida 33445 Telephone 272-7061 734-2577 INVOICE NO. 8586-92 July 17, 1986 CITY OF BOYNTON BEACH PO Box 310 Boynton Beach, Florida 33435 REQUISITION FOR PAYMENT 1985/1986 BUDGETED CAPITAL EXPENDITURES ACCOUNTING COMPUTER IBM PC/XT WITH ENHANCED COLOR DISPLAY SCREEN ONE DIABLO PRINTER WITH SINGLE BIN FEEDER 4,531.60 1,858.00 TOTAL CAPITAL EXPENDITURES 6,389.60 50% DUE FROM EACH CITY A~MOUNT DUE THIS INVOICE: 3,194, 80 THANK YOU. COUNCIL BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue , Delray Beach. Florida 33445 Telephone 272-7061 734-2577 July 17, 1986 INVOICE NO. 8586-89 City of Boynton Beach PO Box 310 Boynton Beach, Florida 33435 REQUISITION FOR PAYMENT "PINES OF DELRAY" LITIGATION EXPENSE ROBERT W. FEDERSPIEL- JUNE ACCT. $42.00 50% DUE FROM EACH CITY AMOUNT DUE: $21.00 THANK YOU. RECEIVED. CITY COUNCIL ^PPgOyED: LAW' 0 F FiC E,.~ NORTHB~[DGE CENTRE. SUITE 701 5~5 NORTH FLAGLE~ DRIVE G STEVEN BRANNOCI~ August 4, 1986 TELEI=>HON E 655-5955 AREA CODE 305 James W. Vance, Esquire 1615 Forum Place Suite 200, Barristers Building West Palm Beach, Florida 33401 Dear Mr. Vance: On July 21, 1986, the Boynton Beach City Council voted to post- pone any action on several applications for comprehensive plan amendments, rezoning and portions of the City staff's Evaluation and Appraisal Report on recommended changes to the City's Comprehensive Plan relating to the Woolbright Place Planned Unit Development, the Woo!brigh/ Center PCD and the proposed industrial access road and railroad crossing to the Elsie Winchester industrial tract, in doing so, the City C~u:~ci:~ii~c~t_ed. an unwillingness to consider these matters until the pending litigation between Tradewinds and the City arising out of the City's March 18, 1986 denial of Tradewind's %[oolbright Place PUD application was resolved. This action affeCts the entire 114.9276 acre tract which incorporates the First Baptist ~nurch, the now litigated 618 dwelling unit PUD, the 211,000 square foot planned coK~mercial development, the proposed industrial access road which separates %~ne PUD from the PCD east of proposed S.W. 8th Street and the proposed railway crossing to the Winchester tract as well as the proposed closing of the existing crossing at Ocean Drive to the north. My client, Tradewinds, continues in its desire to reach a compromise resolving every aspect of the planned development of this entire tract which will be mutually satisfactory to the greatest number of persons affected. Toward this end, we submit this letter proposal and the enclosed master plan of the entire site, which we firmly believe accomplishes that goal. The enclosed master plan is identified as that certain master plan prepared by Kilday & Associates bearing drawing number 85-34, last revised on August 5, 1986 which should hereof be referred to as master plan. James W. Vance, Esquire August 4, 1986 Page Two Our proposal is as follows: 1. WOOLBRiGHT PLACE P.U.D.: The enclosed master plan reflects 538 dwelling units located on 85.2876 acres which equates to a gross density of 6.31 dwelling units per acre. This represents a reduction of 80 dwelling units from the master plan which is in litigation - a 13% reduction. In relating this to our original plan of 800 units, this represents a 33% reduction in total units since the original application was filed in late June, 1985. Please note that this plan also accomplishes the following: A) A detached single family housing tract consisting of 38 dwelling units, a 7.27 acre recreation/sand pine ~_es~va%~on area and a 2.5 acre open space/passive recreation area are wrapped around that portion of Lake Boynton Estates which borders our north property line. We believe that this satisfactorily addresses the concerns of the compatibility of this plan with the existing single family homes in that area. B) As before, w~ have similar-~%~i&-d~ressed the issue of land use compatibility with that portion of Palm Beach Leisnr_evilis laying adjacent to the S.W. 8th Street right-of-way as it presently exists. That is, we have placed a 4.5 acre lake and the 7.27 recreation/sand pine preservation area as well as a 50 foot bermed, fenced buffer area between those homes and our proposed units. C) S.W. 8th Street has been reconfigured to create a T intersection within the P.U.D. The intent of this reconfigur- ation is to reduce its use from potentially arterial to local in nature. This intersection will obviously require stop signs for traffic control. The reduction in density will eliminate some 550-600 vehicle trips per day from t%e P.U.D. as a ~nole. This fact, when coupled with a requirement for left turn only signs at the west approach to S.W. 8th Street on the industrial access road will significantly soften this project's impact to the north on S~W. 8th Street. James W. Vance, Esquire August 4, 1986 Page Three D) The multi-family housing, which will be limited to two story condominiums, is now substantially separated from the single family homes in Leisurevilie and Lake Boynton Estates. We believe that the multi-family area which is now bordered by the industrial access road to the south, the railway tracks - industrial uses - 1-95 to the east, and the church parcel - lake - recreation/sand pine preservation - S.W. 8th Street - single family housing parcel to the west and north not only constitutes a good transitional zone, but also good planning consistent with the goals and objectives of Boynton Beach's Comprehensive Plan. 2. iNDUSTRIAL ACCESS ROAD AND NEW RAILWAY CROSSING: Although there has been disagreement as to the alignment of this road, little argument can be offered as to the overall benefit of this road not only to Elsie Winchester, but more importantly to the residents of Lake Boynton Estates to the north because this proposal will be conditioned upon the closure of the crossing at Ocean Drive thereby eliminating a hazardous existing condition. As reflected on the enclosed master plan, we propose that the road be located as recommended by our traffic consultants, Murray- Duae~k and Associates and Bar~on-Aschman & ~'~i~a~d.es~~ ~'T~.ey~ h~ve' botln advised the City that this is the proper alignment, if this alignment is acceptable, we shall withdraw our objections to Mrs. Winchester's comprehensive plan amendment application for the road and the crossing. We have planned our project with the road in mind and others will significantly benefit from this road and crossing. 3. WOOLBRiGi~T CEb~ER P.C.D.: We believe that it is generally conceded that the con~ercial potential of this site in total is set by the industrial access road as well as the language of the comprehensive plan. This was recognized by the City staff as early as the initial filing. The minutes of the Planning & Zoning Board reflect the following statements by Tim Cannon: "The Staff's finding in respect to the market analysis submitted by the applicant was that it supported C-3 zoning on the parcel. How- James W. Vance, Esquire August 4, 1986 Page Four ever, it had a much weaker conclusion with respect to the demand for the C-1 zoning, since there is somewhat of a "glut" of office buildings in the area. Staff also found that co~mercial zoning at this location would meet the City's Compre- hensive Plan criteria since it is in proxi- mity to major intersections (I-95 and Wool- bright Road). They also found since commercial zoning is already established in the area, commercial zoning on these two particular parcels would not constitute spot zoning." (at page 23) Tradewind's current P.CoD. proposal, %~hich the City Council has refused to act upon includes 173,000 square feet of retail co~ercial and 38,000 square feet of office park for a total of 2i1~000 square feet. We propose to reduce this to a total of 199~000 square feet consisting of 173~000 square feet of retail and 26~000 square feet of office park. As proposing 199,000 square feet of P.C.D. on equates to 15.4% site coverage. This is a 20% reduction in site coverage f~om the original C-3 application in 1985. Additional~y, the 12,000 square foot ~eductlon represents a reduction of 1,200 vehicle trips per day from the project. It is important to note that no effort has been made to utilize any of the additional acreage created by the industrial road in terms of additional square footage or site coverage. Purther, by applying 75% of the 12,000 square foot reduction to the office park, we have further reduced any concerns about the existing g~ut of office space in the genera~ area. The original C-3 propose! of 62,000 square ~eet of two story office buildings is now proposed to be reduced ~o 26,000 square feet of one story office buildings. James W. Vance, Esquire August 4, 1986 Page Five Tradewinds Highway Re forth on p Report on prepared ol appl i cable This propo~ settlement 4. CONDITIONS OF APPROVAL OF P.C.D. and P.U.D.: agrees to be bound only by the S.W. 8th Street corridor ~uirements, Fair Share Impact Fees and Conclusions set ~ges 25-28 inclusive of the Traffic Impact Analysis ~he overall Woolbright Road - S.W. 8th Street Projects April !, 1986 by Daniel N. Murray, P.E. and all other ordinances of the City of Boynton Beach. ~al is submitted in the interest of effectin~ an overall of all issues related to this entire 114.9276 acre tract. We request that this proposal be presented to the City Council fo its consideration at th - ' - ' ~ A~ - e puD!!c hearlng scheduled ~or Tuesday, ~gust 5, 1986 at 7:30 P'~'n If found to be acceptable to Council, ten we suggest the foi!o i g actions by Council: i. Approval of Tradewinas present Petition for a comprehensive plan amendment from moderate and high density residentia to local retail within the area of the proposed P.C.D. R-iA in pa in the pro~ conditions the City f¢ provide di~ conformity industrial · Approval of the Petition to rezone from C-2'in part, t and R-3 in part to P.C.D. on th~tire 29.64 acres ~osed P~C.D., subject only to the Murray-Dudeck referenced herein as well as applicable ordinances of ~r the development of the site. Council should also ection for the forthwith preparation of ordinances in therewith. · Approval of a comprehensive plan amendment for an access road and railway crossing in conformity with our proposed alignment as set forth on the enclosed master plan. Included i~ this approval should be appropriate amendments to the EAR, including the maps, to reflect this change. ~. Approval of an agreement to settle the pending litigation by the approval of the revised P.U.D. subject only to the conditions in the Murray-Dudeck report as described herein, and all other applicable ordinances of the City for the development of the site, through the immediate adoption of appropriate ordinances. This is to be done during %he month of August, 19~6. Tradewinds acknowledges that the City cannot bind Palm Beach~County as to its Fair Share Traffic impact Fee Ordinance ~nd that Tradewinds shall be subject to the County's implementation of that ordinance. James W. Vance, Esquire August 4, 1986 Page Six As further consideration for this settlement proposal, Tradewinds agrees that if the proposal is acceptable to the City, and the foregoing actions are taken, it will: !. Agree to reimburse the City for any and all attorneys fees and expenses it has incurred in conjunction with the pending litigation within ten (i0) days of the receipt of an invoice subsequent to the approval of the P.U.D. as contemplated herein. e its officgrs, directors, stockholders, employees and/or agents representatives as to any and all actions or causes of action which it or they may have against the City and/or an~ o~ ~ officia!s~ employees, consultants and/or ~gent~ aris~ng~o~of P.U.D. applications. This shall be delivered to the City upon Tradewinds receipt of the requisite executed ordinances of approval releases to the Ci enclosed) its offic~ represent~ which it ( officials~ P.C.D. ap~ Tradewinds approval a releases s to the Cit enclosed). It is unde ordinance until the by the Dep Deliver a full and complete release from Tradewinds, and the ~nd site plan approval in conformity herewith. The ~hall be held in escrow by the undersigned and delivered y in accordance with this provision. (Proposed form 3. Deliver a full and complete release from Tradewinds, rs, directors, stockholders, employees and/or agents and tives as to any and all actions or causes of action r they may have against the City and/or any of its employees, consultants and/or agents arising out of the lications. This shall be delivered to the City upon receipt of t~ne requisite executed ordinances of nd site plan approval in conformity herewith. The hall be held in escrow by the undersigned and delivered y in accordance with this provision. (Proposed form rstood by Tradewinds that the approval of the P.C.D. in form and site plan approval shall not be forth coming successful review of the comprehensive plan amendments ~rtment of Community Affairs. We believe reasonable tract of l~nd. We have substantially reduced the residential density and the conur, ercial square footage in this project. In that the foregoing proposal represents a more than and fair compromise of all issues relating to this James W. Vance, Esquire August 4, 1986 Page Seven addition t~ereto, we are accom~ industrial parcel which furthe~ Ocean Drive crossing. The cur~ square footage reduction transl nodating access to the ¥~inchester results in the closing of the ~ent proposed density reduction and Lates into the elimination of some consideration of %his proposal ~e encourage the City's favorable 1,800 vehicle trips per day. 1 in order to finally resolve the overall planning of this tract which has now been in process for a year and a half. The result i~ the exercise of what has been acknowledged to be a unique op~ ~ '~ oruun~uy to control the planning and design of a tract which he~etofore has been in several ownerships. We firmly believe that this proposal is in the best interest of all concerned. Please advise in the event you have any questions or co~ents. Best wishes. Ve FMP/S jc Enclosures CC: T ' radew~nds Development Corporation Kieran Kilday Michael Schroeder, Esquire ROAD IMPROVEMENT FEES COLLECTED BY THE CITY OF BOYNTON BEACH --JULY, 1979 THROUGH JUNE 30, 1985 IV. CONSENT AGENDA J cc: Finance COLLECTED Total ZONE 25 I 2~ Admin. Net I Total ZONE 28 Admin. Net 7/24/79 - 11/26/79 4/28/82 - 9/30/82 10/1/82 - 12./31/82 11118) - )13118) 4/l/83 - 6/)0/83 71118) - 9130183 10/1/83 - 12/31/83 1/z184 - 3131/84 4/1/84 - 6/30/84 7/1/84 ~/3o/84 lO/1/84 - 12/31/84 1/1/85 - 3/31/85 411185 - 613o185 7/1/85 - 9/3o/85 lO/1/85 - 12/31/85 1/1/86 - 3/31/06 4/1/86 - 6/3o/66 TOTAL COLLECTED: NOT COLLECTED DURING PERIOD OF COURT CONSIDERATION 11/26/79 - 4/28/82 GRAND TOTAL: $2,700.00 $54.00 $2,646.00 19,354.00 )87.08 18,966.92 34,770.00 695.40 )4,074.60 30,112.00 602.24 29,509.76 13,457.00 269.14 13,187.86 22,175.00 443.50 21,731.50 36,687.43 733.75 35,953.68 51,790.00 1,035.80 50,754.20 59,019.00 1,180.38 57,838.62 38,943.00 778.86 38,164.14 76,224.00 1,524.48 74,699.52 111,257.75 2,225J15 109,032.60 112,454.00 2,249.08 110,204.92 120,038.50 2,400.77 117,637.73 76,548.00 1,530.96 75,017.04 126,224.00 2,524.48 123,699.52 358,069.00 7,161.38 350,907.62 1,289,822.68 126,090.00 $1,415,912.68 25,796.45 1,264,026.23 $20,042.00 7,493.00 7,712.00 8,047.00 12,245.00 27,893.00 12,347.00 21,675.00 10,220.00 12,921.00 3,225.00 7,270.00 284491.00 34,590.00 14,845.00 8,991.00 10,326.00 248,331.00 114,189.00 $362,520.00 $400'.84 $19,641.16 149.86 7,343.14 154.24 7,557.76 160294 7,886.06 244.86 11,998.14 557.86 27,335,14 246.94 12,100.06 43).50 21,241.50 204.40 10,015,60 258.42 12,662.58 64.50 3,160.50 145.40 7,124.60 569.82 27,921.18 691.80 33,898.20 296.90 14,548.10 179.82 8,811.18 206.52 10,119.48 4,966.62 243,364.38 COLLECTED: Zone 25 Zone 28 Sub Total: NOT COLLECTED: Zone 25 Zone 28 Sub Total: TOTAL SUMMARY NET TO 2% ADMIN. COUNTY 1,289,822.68 25,796.45 1,264,026.23 248,331.00 4,966.62 243,364.38 1,538,153.68 30,763.07 1,507,390.61 126,090.00 114m189.00 240,279.00 GRAND TOTAL: $1,778,432.68 FAIR SHARE CONTRIBUTION FOR ROAD IMPROVEMENT ORDIN~ANCE NO. 79-7; ORDINANCE NO. 81-4 COLLECTION REPORT NAME 'OF MUNICIPALITY: City of Boynton Beach .( COLLECTION REPORT FOR WHAT PERIOD: April 1, I986 thru June BO, S. UMMARY OF COLLECTIONS 1986 NET FEE- $ 350,907.62 10,119.48' Total Fee Less 2% Zone No. Collected Administrative 25 $ 358,069.00 $ 7,161.38 . 28 10,326.00 -206.52 -/ TOTAL Remitted to Palm Beach County to be placed in trust for use in appropriate zone. $ 361,027.10 CO (:XD O0 C~) ~0 O0 O0 O0 CO O0 O0 CO I 0 ~ o ~ ~ ~ ~ 0 cd 0 0 0 0 cd 0 ~ (1) 0 0 P~ ~ ~ ~:~ 0 ~ 0 0 ~-~ ~ ~ ~ ~ ~ . J I I I I I I I I I I I I I I I I I I I NO~THB;~IDGE CENTRE. _~ut~E 701 NORTH fLAG:ER DRIVE August 4, 1986 CODE 305 James W. Vance, Esquire 1615 Forum Place Suite 200, Barristers Building West Palm Beach, Florida 33401 Dear Mr. Vance: On July 21, 1986, the Boynton Beach City Council voted to post- pone any action on several applications for comprehensive plan amendments, rezoning and portions of the City staff's Evaluation and Appraisal Report on recommended changes to the City's Comprehensive Plan relating to the Woolbri~ht Place Planned Unit Development, the Woolbrich~ Cen%er PCD and the proposed industrial access road and railroad crossing to the Elsie WiDc~ester indus%rlal tract. In doing so, the City Council indicated an unwillingness to consider these matters until the pending litisation between Tradewinds and the City arising ou% of the City's ~.~arch I$, 1986 denial of Tradewind's %~oolbrigt~t Place PUD application was resolved. This action affects the entire 114.9276 acre tract which incorporates the First Eaptist ~rch, the now litigated 618 dwelling unit PUD, the 211,000 square foot planned cos~ercial development, the proposed industrial access road which separates the PUD from the PCD east of proposed S.W. 8th Street and the proposed railway crossing to the Winchester tract as well as the proposed closing of the existing crossing at Ocean Drive to the north. My client, Tradewinds, continues in its desire to reach a compromise resolving every aspect of the planned development of this entire tract which will be mutually satisfactory to the greatest number of persons affected. Toward this end, we submit this letter proposal and the enclosed master plan of the entire site, which we firmly believe accomplishes that goal. The enclosed master plan is identified as that certain master plan prepared by Kilday & Associates bearing drawing number 85-34, last revised on August 5, 1986 which should hereof be referred to as master plan. James W. Vance, Esquire August 4, 1986 Page Two Our proposal is as follows: 1. WOOLBRIGHT PLACE P.U.D.: The enclosed master plan reflects 538 dwelling units located on 85.2876 acres which equates to a gross density of 6.31 dwelling units per acre. This represents a reduction of 80 dwelling units from the master plan which is in litigation - a 13% reduction. In relating this to our original plan of 800 units, this represents a 33% reduction in total units since the original application was filed in late June, 1985. ' Please note-that this plan also accomplishes the following: A) A detached single family housing tract consistina of 38 dwelling units, a 7.27 acre recreation/sand pine preservation area and a 2.5 acre open space/passive recreation area are wrapped around that portion of Lake Boynton Estates which borders our north property line. We believe that this satisfactorily addresses the concerns of the compatibility of this plan with the existing single family homes in that area. B) As before, we have similarly addressed the issue Of land use compatibility with that portion of Palm Beach Leisureville laying adjacent to the S.W. 8th Street right-of-way as it ~ ...... ~, ' we have ~laced a 4 5 acre lak~ and the 7.27 recreation/sand pine preservation area as well as a 50 foot bermed, fenced buffer area between those homes and our proposed units. C) S.W. 8th Street has been reconfigured to create a T intersection within the P.U.D. The intent of this reconfigur- ation is to reduce its use from potentially arterial to local in nature. This intersection will obviously require shop signs for traffic control. The reduction in density will eliminate some 550-600 vehicle trips per day from mbe P.U.D. as a ~nole. This fact, when coupled with a requirement for left turn only signs at the west approach to S.W. 8th Street on the industrial access road will significantly soften this project's impact to the north on S.W. 8th Street. James W. Vance, Esquire August 4, 1986 Page Three D) The multi-family housing, which will be limited to two story condominiums, is now substantially separated from the single family homes in Leisureville and Lake Boynton Estates. We believe that the multi-.family area whi~ch is:now bordered by the industrial access road to the siouth, the railway tracks - industrial uses -'I-95 ~to the cast:, and the church parcel - lake - recreation/sand pine preservat ~.~W. 8th ~Street - single family housing ps good, transitional zon~ goals and objectives of Comprehensive Plan. 2. iNDUSTRIAL ACCESS ROAD AI~ NEW :RAILWAY CROSSING: Although there has been disagreement as to the alignment of this road, tittle argument can be offer:ed as to-the overall benefit of this road not only to Elsie,Winchester, but more importantly to the residents of Lake Boyn%on Estates to the north because this proposal will be condi~ crossing at Ocean Drive thereby condition. As reflected on the enclosed master plan, we propose that the road be located as recom~ended by our traffic consultants, ~,~urray- Dudeck and Associates and Barton-kschman & Associates. They have both advised the City that this is the proper alignment. If this alignment is acceptable, we shall withdraw our cbjections to ~-~rs. ~' ~ r's ~ ~mncneste comprehensive plan amendment apOlication for the road and the crossing. We have planned our project with the road in · mind and others will significantly benefit from this road and crossing. 3. WOOLBRIGHT CENTER P.C.D.: We believe that it is generally conceded that the co~7~ercial potential of this site in total is set by the industrial access road as well as the language of the comprehensive Plan. This was recognized by the City staff as early as the initial filing. The minutes of the Planning & Zoning Board reflect the following statements by Tim Cannon: "-h 's T, e Staff finding in respect to the market analysis submitted by the applicant was that it supported C-3 zoning on the parcel. How- James %7. Vance, Esquire August 4, 1986 Page Four ever, it had a much weaker conclusion with respect to the demand for the C-1 zoning, since there is somewhat of a "glut" of office buildings in the area. Staff also found that commercial zoning at this location would meet the City's Compre- hensive Plan criteria since it is in proxi- mity to major intersections (I-95 and Wool- bright Road). They also found since commercial zoning is already established in the area, commercial zoning on these two particular parcels would not constitute spot zoning." (at page 23) Tradewind's curren% P.C~D. proposal, %~ich the City Council has refused to act ~pon includes 173,000 square feet of retail com~ercia! and 38,000 square feet of office park for a total of 211,000 square feet. We propose to reduce this to a total of 199,000 square feet consisting of 173,.000 square feet of retail and 26,000 scuare fee% of office park. As a result, we are proposing 199,000 square fee% of P.C.D. on 29.64 acres which equates to 15.4% site coverage. This is a 20% reducuion in site coverage from the original C-3 application in 1985. Additionally, the 12,000 square foot reduction represents a reduction of 1,200 vehicle trips per day from the project. It is important to note that no effort has been made to utilize any of the additional acreage created by the industrial road in terms of additional square footage or site coverage. Further, by applying 75% of the 12,000 square foot reduction to the office park, we have further reduced any concerns about the existing glut of office space in the cenera! area. The o~i~inal C-3 proposal of 62,000 square feet of two story office buildincs is now proposed to be reduced to 26,000 square feet of one story office buildings. James W. Vance, Esquir~ August 4, 1986 Page Five 4. CONDITIONS OF APPROVAL OF P.C.D. and P.U.D.: Tradewinds agrees to be bound only by the S.W. 8th Street corridor Highway Requirements, Fair Share~Impact Fees and ~Conclusions set forth on pages 25-28 inclusive of the Traffic Impact Analysis Report on the overall Woolbright Road - S.W. 8th Street Projects prepared on April 1, 1986 N. Murray, P.E. and all other applicable ordinances of Boynton Beach. This proposal is submitted settlement of all issues tract. We request Council for Tuesday, August 5, 1986 at Council, then we suggest the ~t of fectin? an overall [14.9276 acre d to the City hea scheduled for If found to be acceptable to actions by Council: · ds' !. Approval of Tradewin present Petition for a coraprehensive plan amendment from moderate and high density residential to local re%ail within the area of the proposed P.C.D. 2. Approval of the Petition to remone from C-2 in part, R-lA in parn and R-3 in part to P.C.D. on the entire 29.64 acres in the proposed P.C.D., subject only to the Murray-Dudeck conditions referenc_ed herein as well as applicable ordinances of the City for the development of the site. Council should also provide direction for the forthwith preparation of ordinances in conformity therewith. 3. Approval of a comprehensive plan amendment for an industrial access road and railway crossing in conformity with our proposed alignment as set forth on the enclosed master plan. Included in this approval should be appropriate amendments to the EAR, including the maps, to reflect this change. 4. Approval of an agreement to settle the pending litigation by the approval of the revised P.U.D. subject only to the conditions in the Murray-Dudeck report as described herein, and all other applicable ordinances of the City for the development of the site, through the immediate adoption of appropriate ordinances. This is to be done during the month of August, 1986. Tradewinds acknowledges that the City cannot bind Palm Beach County as to its Fair Share Traffic Impact Fee Ordinance and that Tradewinds shall be subject to the County's implementation of that ordinance. James W. Vance, Esquiue August 4, 1986 Page Six As further consideration for this settlement proposal, Tradewinds agrees that if the proposal is acceptable to the City, and the foregoing actions are taken, it will: 1. Agree to reimburse the City for any and all attorneys fees and expenses it has incurred in conjunction with the pending litigation within ten (10) days of the receipt of an invoice subsequent to the approval of the P.U.D. as contemplated herein. 2. Deliver a full and complete release from Tradewinds, its officers, directors, stockholders, employees and/or agents and representatives as to any and a-l! actions or causes of action which it or they may have against the City and/or any of its officials, employees, consultants and/or agents arising out of the P.U.D. applications. This shall be delivered to the City upon Tradewinds receipt of the requisite executed ordinances of approval and site plan approval in conformity herewith. The releases shall be held in escrow by the undersigned and delivered to the City in accordance with this provision. (Proposed form enclosed). · 3. Deliver a full and comolete release from Tradewinds, its officers, directors,snoc~nol~ers,· ~ ~ ~ employees and/or agents and representatives as to any and all actions or causes of action ~ich it or they ~y have against the City and/or any of its officials, employees, consultants and/or agents arisina out of the P.C.D. applications. This shall be delivered to the City upon Tradewinds receipt of the requisite executed ordinances of approval and site plan approval in conformity herewith. The releases shall be held in escrow by the undersigned and delivered to the City in accordance with this provision. (Proposed form enclosed). It is understood by Tradewinds that the approval of the P.C.D. in ordinance form and site plan approval shall not be forth coming until the successful review of the comprehensive plan amendments by the Department of Community Affairs. We believe that the foregoing proposal represents a more than reasonable and fair compromise of all issues relating to this tract of land. We have substantially reduced the residential density and the commercial squa're footage in this project. In James W. Vance, EsquiLe August 4, 1986 Page Seven addition thereto, we are accommodatin~ industrial parcel which further resul~ ~ Ocean Drive crossing. The current'p~~ square footage reduction translates 1,800 vehicle trips per day. We enc~~ consideration of this · or~ overall planning of~this tra. which year and a half. The result is the acknowledged to be a unique oppor~ and design of a tract ownerships. ~4e firml interest of all concerned. Please advise, in the event you have a!~' ~.J~~ ~ c~n~e~ Best wishes. F~I~, ~/sjc Enclosures cc: Tradewinds Development Corporati{a~:~ Kieran Kilday Michael Schroeder, Esquire AGENDA August 5, i98~ A[kMINISTRATIVE: ae Report on status of Post Office utilities and access road to the east, acceptance of easement and right-of-way deed and authorizing construction It now appears _that all 'details. relative to the new Post Office, its utili- ties and access road on the east have been worked out as follows: %"ne City has received an easement for the lift station site (this lift station will serve not just the Post Office but the parcels of land just to the-south of the Post Office). 2. Deed for the-widening of the access road on the east as required by the 3. An authorization from the postal 'service contracting officer to proceed with the utility work and bill the postal service $19,000 for their share. The City is now basically in the position that it ~ed to be when this matter was last reviewed in detail- by the City Council on September 17, 1985 and we are ncwjin a position to provide utilties to the post office without ~having tok&~t up' or jack and bore across ~ Boynton Beach Boulevard. ~ The City has received estimates and quotations for construction of this project and recommends that the City Council, consistent with its direction of September 17, 1985, authorize proceeding with this Project as follows: 1. City purchase of lift station and needed piping at $16,827 2. Contract fox.installation of system at $19,480.50 3. Total estimated cost $36,307.50 4. United States Postal Service contribution - $19,000 5. Estimated net costs to the City $17,307.50 It is also recommended that the City formally accept from the United States Postal Service the easement deed for the lift station and the deed for the added right-of-way for the road adjacent to the Post Office. Peter L. Cheney City Manager PLC: jc cc: Utilities Finance COLLECTED Total ROAD IMPROVEMENT FEES COLLECTED BY THE CITY OF BOYNTON BEACH JULY, i979 THROUGH JUNE 30, i985 IV. CONSENT AGENDA J cc: Finance ZONE 25 I 2% Admin. Net I Total ZONE 28 2% Admin. Net 7/24/79 - Ii/26/79 4/28/82 - 9/30/82 10/1/82 - I2/31/82 1/l/83 - 3131183 411183 - 6130183 7/l/83 - 913o183 lO/1/83 - 12/31/83 1/1/84 - 3/31/84 4/1/84 - 6/30/84 7/l/84 - 9/30/84 10/l/84 - 12/31/84 1/1/85 - 3/31/85 4/l/85 - 6/30/85 7/l/85 - 9/30/85 10/1/85 - 12/31/85 Z/1/86 - 3/31/86 a/l/06 - 6/30/86 TOTAL COLLECTED: NOT COLLECTED DURING PERIOD OF COURT CONSIDERATION ii/26/7P - 4/28/82 GRAND TOTAL: $2,700.00 19,354.00 34,770.00 30,112.00 13,457.00 22,175.00 36,687.43 51,790.00 59,019.00 38,943.00 76,224.00 111,257.75 112,454.00 120,038.50 76,548.00 126,224.00 358,069.00 1,289,822.68 126~090.00 $1,415,912.68 $54.00 $2,646.001 $20,042.00 387.08 18,966.92I 7,493.00 695.40 34,074.60I 7,712.00 602.24 29,509.76I 8,047.00 269.14 13,187.86I 12,243.00 443.50 21,731.50I 27,893.00 733.75 35,953-68I 12,347.00 1,035.80 50,754.201 21,675.00 1,180.38 57,838-62I 10,220.00 778.86 38,164.14I 12,921.00 1,524.48 74,699.52 3,225.00 2,225.15 109,032.60 7,270.00 2,249.08 110,204.92 28,491.00 2,400.77 117,637.73 34,590.00 1,530.96 75,017.04 14,845.00 2,524.48 123,699.52 8,991.00 7,161.38 350,907.62 10,326.00 25,796.45 1,264,026.23 248,331.00 114~189.00 $362,520.00 $400.84 $19,641.16 149.86 7,343.14 154.24 7,557.76 160.94 7,886.06 244.86 11,998.14 557.86 27,335.14 246.94 12,100.06 433.50 21,241.50 204.40 10,015.60 258.42 12,662.58 64.50 3,160.50 145.40 7,124.60 569.82 27,921.18 691.80 33,898.20 296.90 14,548.10 179.82 8,811.18 206.52 10,119.48 4,966.62 243,364.38 COLLECTED: Zone 25 Zone 28 Sub Total: NOT COLLECTED: Zone 25 Zone 28 Sub Total: GRAND TOTAL: TOTAL SUMMARY NET TO 2% ADMIN. COUNTY 126,090.00 114~189.00 240,279.00 $1,778,432.68 1,538,153.68 30,763.07 1,507,390.61 1,289,822.68 25,796.45 1,264,026.23 248~331.00 4~966.6Z 243~364.38 MEMORANDUM TO: FROM: SUBJECT: Peter L. Cheney, City Manager Date: Grady Swann, Director of Finance Transmittal of Road Improvement Fees to palm Beach coUnty July 31, 1986 During the period shown on the attached collection report, the City has collected.$361,027~10 ($368,395.00, less 2% Adminis- trative Fee) Road Improvement Fees. In accordance palm Beach County Ordinance No. 79-7 amended by Ordinance No. 81-4 we are to remit this amount to Palm Beach County to be pla¢ in trust for use in appropriate zones. After this transmittal, the total sent to Palm Beach County by zone is as follows: Zone Number. Amount 25 $1,264,026.23 28 243~364.38 Total $1,507~390.61 I have reviewed these collections and find them in order and recommend that they be transmitted to Palm Beach County. Grady W. Swann Finance Director cc: Central File Building Official FAIR SHARE CONTRIBUTION FOR ROAD IMPROVEMENT ORDIN~ANCE NO. 79-7; ORDINANCE NO.. 81-4 COLLECTION REPORT NAME'OF MUNICIPALITY: ci.ty of Boynton Beach COLLECTION REPORT FOR WHAT PERIOD: Apt. il 1, 1986 thru June 30, 1986 _SUMMARY OF' COLLEC~FIONS Total Fee Less 2~a- Zone No. .Collected _Administrative 25 $ 358,069.00 $ 7,161.38 . 28 10,326,00 '206.52 NET ~E~' $ 350,907.62 10,119.48 './ TOTAL__ Remitted to Palm Beach County to be placed in trust for use in appropriate zone. $ 361,027.10 ~o ~c~ .r ) c~ cd 0 ~ ~ o rtl 0 J j j J o j 0 0 0 0 0 0 0 ~ ~=~ 8 0 0 '.~ 888 888= 0 0 0 0 0 0 0 0 0 0 0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~ ~ 0 0 0 0 ' 0 c~ 0 0 0 0 c~ ~'~ '1 ~88 ~ 0 0 ~ ~ AGENDA August 5, 1986 ASkMINISTRATIVE: A. Report on status of Post Office utilities .and access road to the east, acceptance of easement and right-of-way deed and autbx)rizing, construction ' It now appears _that all'details relative to the new Post office, its utili- ties and access ~oad~ on the east have been worked out as follows: 1. The .City has received an easement 'for the lift station site (this lift station will Serve D~t just the Post Office but the parcels of land j.ust to the ~SOuth of the Post Office). 2.CityDead.f°r the-widening..~_ of the access road on the east as required by the The City has received estimates and quotations for construction of this project and reconxm~nds that the City Council, consistent with its direction of September ~7, 1985, authorize proceeding with this Project as follows: 1. City purchase ~of lift station and needed piping at $16,827 2. Contract fo~<installation of system at $19,480.50 3. Total est/mated'~ost $36,307.50 4. United States Postal serVice contribution - $19,000 5. ~imated net costs'to the. City $17,307.50 It is also recommended that the City formally accept from the United States Postal Service the easement deed for the lift station and the deed for the added right-of-way for the road adjacent to the POst Office. Peter L. Cheney City Manager PLC: jc cc: Utilities F±nance. An authorization, frc~a the postal 'service contracting officer to proceed withsharethe. Utility work and bill the postal service $19,000 for their .~.e City is now basically in the position that it expected to be when this matter was last reviewed in detail- by the City Council on ~S~e~_~ 1_7_: 1985 and we are nowjin a position to provide utilties to une. pos~ Ot~Ic~ without.having td t u'or ' Bolrnton Beach Boulevard. ~ P ]ack and bore across ~