Loading...
Minutes 07-15-86MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 15, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Councilman Dee zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James R. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. The Invocation was given by Reverend George Dettman, First United Methodist Church, followed by the Pledge of Allegiance to the Flag led by Mayor Cassandra. AGENDA APPROVAL Under "NEW BUSINESS", Vice Mayor zimmerman added "C. Dis- cussion with Regard to a Municipal League Meeting". City Manager Cheney added "E. Approval for Construction Trailer" under "ADMINISTRATIVE", and under "DEVELOPMENT PLANS", he added "C. Considering Hearing Dates for the Deutsch Ireland Development of Regional Impact (DRI)". Under "Old Business", Mayor Cassandra added "Discussion for Utility Costs Outside of the City Limits". He also pulled "D. 3" from the "CONSENT AGENDA" for discussion. Councilman Ferrell moved to accept the Agenda with the additions and corrections. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Auction Sale - Miscellaneous Items - Rear of Police Complex, 135 N. E. First Avenue - August 15, 1986 at 9:00 A. M. Mayor Cassandra made the announcement and read from the Purchasing Agent's Memo of June 30th that the items are to be sold on an "as is, where is" basis for cash only. e Presentation of Service Awards to City Employees by Mayor Nick Cassandra Mayor Cassandra made the following presentations: - 1 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 30 Years - Pin and Bond Hulette Byrams - Streets Department 15 Years - Pin John DeLoach - Police Department Charles Frederick - Parks & Recreation Department Carol Kribs - Engineering Department Clifford Lewis - Police Department Joe Mikels - Utilities Department George Sims - Utilities Department Peter Versen - Recreation Department 10 Years - Pin Carmen Annunziato - Planning Department Betty Boroni - City Clerk Joseph DeMarco - Fire Department Marion DiPasquale - Police Department Burchell Fraser - Recreation Department Frederick Ireland - Utilities Department Michael Munro - Data Processing Michael Rhuda - Public Works Warren Shelhamer - Public Works 3. Proclamation - I am an American Day Mayor Cassandra read the Proclamation and recognized the presence of three Members of the American Legion in the audience. There was applause. CITY MANAGER'S REPORT American Leqion Day City Manager Cheney announced that John Wildner, Superintendent of Parks, will represent the City on the "I am an American Committee." Their first meeting to plan the picnic in August was held on Monday with the Chamber of Commerce. Bridge City Manager Cheney received a letter from the State Depart- ment of Transportation (DOT) indicating that notice of appeal to the Supreme Court on the bridge issue was sent forward this week. They anticipate that briefs will be filed in October, oral arguments will take place in December, and there may be a decision in June of 1987. City Attorney Vance will be working closely with DOT on that. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Noise From newspaper articles, City Manager Cheney said the Council knows the City is doing testing on noise. Police Officer Greg Steffey has had conferences with Former Mayor James R. Warnke, so they are working together. The City will see what they find as time goes on. Trees on North Conqress Avenue Sometime ago, the City approved a contract for developers to provide the City with $19,000 to plant trees on North Congress Avenue. The trees are in, and they are to take care of them for ninety days. The City will take care of them from then on. Budget City Manager Cheney announced that they plan to issue the proposed budget for 1986/1987 on Friday. Barring any break- down in the copying machine, etc., it should be ready Thursday afternoon. Wilson Center City Manager Cheney encouraged the Council to go to Wilson Center and participate in the summer lunch program so they could see what is happening there. They are still serving about 175 people a day. The cost to each Member will be $1.25 Monday through Friday from 11:00 to 1:00 P. M., but they should let the Center know when they plan to go. Landfill Some time ago, City Manager Cheney said the Council had a report on the old landfill the City is closing. At that time, it was indicated that the City had met with the Department of Environmental Regulations and the Health Department and will drill a couple of additional clusters of wells. That drilling began yesterday, continued today, and should be finished by Thursday, so City Manager Cheney said the City is on schedule with the commitment they made to the County and State on that item. Report on Golf Course Financing and Budqet City Manager Cheney read a report he prepared in response to the July 1, 1986 request of Councilwoman zibelli relative to the golf course financing. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Mayor Cassandra asked if Councilwoman Zibelli wanted time to study this. Councilwoman Zibelli asked if they would be refunding again. When he talked to the Council some time ago, City Manager Cheney said they talked about refunding. As he suggested here, refunding only works if there is a spread between the Federal rates that they can invest money in to set aside an escrow account to pay off the issue and the money they have to pay for the new. If that spread is not right or is the wrong way, City Manager Cheney said they would have to borrow more than $4,000,000 to pay off $4,000,000, and he was not about to propose that they do that. Even though it might be a cost savings in the long run, City Manager Cheney was confident 75% of the people would not understand it, and he is getting tired of answering questions about the golf course's financing. At the moment, City Manager Cheney advised that the relation- ship between the two interest rates is not profitable. At the same time, the tax bill issue and all of this other "stuff" is so confusing right now that until the House and Senate decide what they are going to do, it is best to just sit and wait for another two or three weeks. If they find it is not wise to refund the golf course bonds, then City Manager Cheney said they will have to address the obtaining of that other $11,000,000 in some other way. They will figure out what that will be and make a recommendation to the Council in the next four or six weeks. City Manager Cheney said they will not propose refunding if it does not make sense. They refunded utility bonds some years ago, and City Manager Cheney said they reduced the effective outstanding debt by around $4,500,000 and reduced the City's debt service significantly. Refunding only makes sense at certain times. Mayor Cassandra asked what the annual debt (principal and interest) for the golf course is right now. Grady Swann, Finance Director, answered that it is $490,000 a year. Mayor Cassandra was reviewing the report they just received a few days ago on present expenditures and revenue and was curious because he did not know how much the golf principal and interest was. To give an idea of what he was looking at, Mayor Cassandra said he took the expenditures of Departments 725, 726 and 727 to date, added the numbers which were here, took the prospective annual payment of principal and interest, added that, and came out to approximately $1,173,000. He - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 added the balance of expenditures, which was around $387,000, and came out to an expected expenditure of around $1,660,000, which seemed to imply to him that the City would have more expenditures than the proposed revenue of $1,400,000 that they have coming in. If his arithmetic was correct, Mayor Cassandra said it was possible they would have to consider a fee increase if re- financing does not solve that problem. He did not have time to finalize it, but Mayor Cassandra said he took the three departments' expenditures for the year to date, and added the annual principal and interest and the expected expenditures for the next 25% of the year. That will exceed the revenue, assuming they spend what they assume they will spend. If that becomes the case, Mayor Cassandra said they will be around $100,000 short. City Manager Cheney did not think the City would be around $i00,000 short and hated to have those things suggested, because he did not think that was the case. They will be reviewing the golf course next week. Mayor Cassandra commented that Mr. Swann has done an excellent job, and he did not challenge that. He said he would look at it some more and talk to Mr. Swann. Mayor Cassandra admitted he was looking at anticipated expenses. City Manager Cheney advised that quite often, the figures that get in there for anticipated expenses are probably the maximum budget line. That does not mean they will really get spent. Mayor Cassandra clarified that he said assuming they spend the 25%, as projected, the City would then be short. He did not say they would be short, but said assuming those numbers. Mayor Cassandra added that he raised that so he could get some more information. Mayor Cassandra asked that the record show that the Council accepted the report as presented. PUBLIC AUDIENCE Mayor Cassandra announced that anyone wishing to speak on an item not on the agenda could do so now. If they wished to speak on an item that was on the agenda, they would be called when that item comes up. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Concerned Citizens for the Betterment of Boynton Beach Police Department Margaret S. Newton, 701 N. W. 4th Street, representing the Concerned Citizens for the Betterment of Boynton Beach, thanked the Council for their interest in this organization. She especially wanted to thank Officer Greg Steffey, Lieutenant John F. Hollihan, and Officer Wilfred Hawkins, of the Police Department for attending a meeting on how they could best protect themselves and help their community. Many of their ideas have been taken to task by the community, and Mrs. Newton said they are seeking to implement that. Public Works Department Mrs. Newton reported that they will also be meeting very soon with representatives from the Public Works Department, as they have many concerns about that department's policies. They do not yet know whether they are policies of the Public Works Department or policies of the City Council itself. Council In the future, Mrs. Newton said they would like the Council's permission to make their concerns known to the Council in a variety of ways. Many activities are going on in their community that affect the rest of the community and they want to make the Council aware of it. Beach As a citizen of Boynton Beach and as a mother of four children who go to the beach almost every day, Mrs. Newton wanted to know why no lifeguards are on duty after 5:00 P. M. City Manager Cheney replied that it costs money. If the City wants to spend the money, they can have lifeguards after 5:00 P. M. There has never been a decision or feeling that they wanted to pay for that service. Mrs. Newton has been there since the children have been out of school. There are a large number of children there and parents who work during the day, who want to enjoy the beach the way everyone else does. She pointed out that the Library stays open and wondered why the City could not offer service on the beach until 7:00 P. M. Mrs. Newton asked that the Council consider her request. Lf anyone wants to spend money for it, City Manager Cheney responded that the City can do it. This was the first request he could recall that they have had about activity at the beach after 5:00 P. M. Mayor Cassandra asked if Mrs. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Newton was talking about just the summer months. Mrs. Newton answered affirmatively and said she will come back and speak if she has to. Mayor Cassandra invited Mrs. Newton to attend the meetings on the budget on July 22, 23, and 24. City Manager Cheney pointed out that they would not be budget hearings but would be budget workshops. Normally, the Council does not listen to people on those nights. They usually wait until the hearings. Mayor Cassandra informed Mrs. Newton that her concern will be discussed at that time. As no one else wished to speak on an item not on the agenda, THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of July 1, 1986 B. Bids 1. Joint Uniform Bid City Manager Cheney pointed out that the bid was being done jointly by Delray Beach, Boynton Beach, Lake Worth, Ocean Ridge, Manalapan, and Lantana, to buy Police uniforms, etc. The idea of joint bidding on these things is beginning to take hold, and it will be a big help. The Tabulation Committee recommended awarding the bid to Martin's Lamar, Miami, Florida for all of the uniform cloth- ing. The Tabulation Committee agreed to go along with the Police Department's recommendation to go with Public Safety Services, Inc. in the civilian clothing, as their clothing matches the existing uniforms. C. Resolutions None. D. Development Plans Consider request submitted by George Davis, Agent for Tom Gustafson, for approval of an amended site plan to allow for a change in parking lot layout - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 and design. This site is located on NE 3rd Street at NE 7th Avenue, the northeast corner The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. e Consider request submitted by Jeff Iravani, P.E., Agent for Wilshire Corporation, for~site plan approval to construct 170 multi-family dwelling units, plus landscaping at Tract G of the Meadows 300 Planned Unit Development, which is located on the west side of Congress Avenue, south of Hypoluxo Road The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. e Request submitted by Edward Duggan, HSW Investments, Agent, for site plan approval to construct a shopping center on Congress Avenue at Old Boynton Road At the request of Mayor Cassandra, this item was pulled from the Consent Agenda for discussion. See page 10. 0 Consider request submitted by Carlos A. Diaz, Agent for Lennar Homes, Inc., for site plan approval to construct 102 multi-family dwelling units plus land- scaping at Plat 3B and 3C of the Boynton Lakes Planned Unit Development, which is located on the east side of Congress Avenue, south of Hypoluxo Road The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. Se Consider request submitted by Howarth Lewis, AIA, Agent for SunPoint Savings Bank, FSB, for approval of an amended site plan to allow for the addition of an access driveway onto Congress Avenue and a change in parking lot layout and design. This parcel is located on the west side of Congress Avenue, north of Old Boynton Road The Planning and Zoning Board unanimously recommended approval of this request, subject to staff comments. Consider request submitted by Charles Gilbert, Agent for Summit Associates, Ltd., for approval of an amended site plan to allow for the addition of - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 swimming pools to units 80, 82, and 84 at the North- woods II addition of Tract F-1 at the Hunters Run Planned Unit Development in Hunters Run Golf and Racquet Club, Northwoods Addition No. 2 The Planning and Zoning Board unanimously recommended approval of this request as submitted. Em Consider approval to erect signs for Golfview Harbour Homeowners Association Bazaar - October 18, 1986 In her letter of July 1, 1986, Eleanor Kurtz, Chairwoman of the Bazaar, of 1221 S. W. 26th Avenue, stated that the Bazaar will be held October 18, 1986. The signs will be set up for a limited time prior to this date, and they will be removed immediately after the Bazaar. Fe Consider request for approval to place an office trailer at The Crossings, N. E. 22nd Avenue and North Federal Highway, in conjunction with the construction of five (8 multi-unit) dwellings, submitted by Mr. Edward I. Aho, Project Manager of Seppala & Aho of Florida, Inc. The Building Department recommended approval of this trailer remaining on the site for the duration of the construction project, in addition to a semi-trailer box for storage use. Ge Approve requests for zoning approval for Alcoholic Beverage Licenses: Waters Edge Marina 743 N. E. lsat Avenue Boynton Beach, Florida 33435 Bert Keehr, Deputy Building Official, by memo of July 8, advised that zoning at the above address permits the sale of beer for consumption off premises. e Mei-O's 706 West Boynton Beach Boulevard Boynton Beach, Florida 33435 In his memo of July 10, Mr. Keehr wrote that zoning at the above address permits the sale of beer, wine and liquor for consumption on the premises in conjunction with a duly licensed restaurant with seating capacity for 150 patrons. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 H. Approve Contingency Budget Transfer - Planning Department Carmen Annunziato, Director of Planning, by Budget Transfer Request of July llth, pointed out that this was approved by the Council at their meeting of May 20, 1986. I. List of Payments - June, 1986 See list attached. J. Confirmation of final cost of 1986 street resurfacing Tom Clark, City Engineer, in his Memorandum of July 10, wrote that the total cost for all the streets approved will be $130,906.80. Accept Quarterly Activity Report from Greater Boynton Beach Chamber of Commerce The Chamber provided their report for the 3rd Quarter. L. ~pprove Subordination Agreement - Western Well Fields By his Memorandum dated July 8, 1986, Assistant City Attorney William Doney said the Agreement between the City and Florida Power & Light Company was necessary because of easements. M. Approval of Bills See list attached. Councilman Ferrell moved to approve items A; B; D, 1, 2, 4, 5, and 6; E; F; G, 1 and 2; H; I; J; K; L and M. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. e Consider request submitted by Edward Duggan, HSW Invest- ments, Agent for Harold S. Wenal, Trustee, for site plan approval to construct a 178,760 square foot shopping center, including a supermarket, a home improvement store, and four out lots on 15.22 acres of property on Congress Avenue at Old Boynton Road, the southeast corner Edward Duggan, Agent, 6350 North Andrews Avenue, Fort Lauderdale, Florida 33309, came forward. Mayor Cassandra wanted to know what "his crystal ball" held for those areas. Mr. Duggan replied that those areas will contain general type retail stores of whatever is allowed within the regula- - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 tions and Codes of the City. He said they anticipate clothing stores, restaurants, and things along those lines. Somewhere along the line, Vice Mayor Zimmerman caught the impression that there would be a filling station on the corner of the property. Mr. Duggan informed him that by the City Ordinances, they are not allowed to have a filling station. Mr. Annunziato advised that the zoning is C-3, which does permit gas stations. Mayor Cassandra wanted a gentleman's agreement of what might go in there. He did not debate that they have the right to build on that property but, speaking for himself, Mayor Cassandra felt the City had the right to ask what should go there so they can maintain a beautiful city. Mr. Duggan called Earl Kurtz, the General Manager for the .job, because he is more in tune with the leasing. Mr. Kurtz confirmed that they do plan retail clothing stores, card shops, and what have you. They had considered a possible self service station, but Mr. Kurtz said he would certainly like the comments and thoughts of the City on that. If it is something they can work closely together on, they would be willing. Mr. Kurtz said they have developed a number of shopping centers and desire to work very closely with the community and the Council on the development of a shopping center. Vice Mayor Zimmerman brought out three filling stations are at the corner of Boynton Beach Boulevard and Congress Avenue now. Mayor Cassandra said Mobil, Shell, and Chevron are there. Mr. Kurtz informed them that the applicant has not talked to any particular filling station along those lines. Mr. Kurtz continued that they have a number of sit down restaurants and financial institutions that have shown a strong interest. There are no immediate contemplations for a filling station, but it might come up in the future if someone shows an interest in that. Mr. Kurtz wanted the thoughts of the Council. Vice Mayor Zimmerman alluded to the number of banks around. Mr. Kurtz said they have several savings and loans that are interested in the shopping center. Mayor Cassandra, person- ally, was not receptive to another gas station and said he would like to see an area developed with beautification that will service the community. He admitted he was against this - 11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 because they also have Leisureville Plaza and a shopping center across the street. Then there is a strip right in front of this property, and the Council just approved another strip alongside of that. Mr. Kurtz said they would use their best efforts to put the financial institutions, restaurants, and those types of oper- ations there. He reiterated that they do a first class job. Mayor Cassandra asked if Mr. Kurtz would be adverse to informing the Council when they get a feeling as to what they want to put in there, so they will know how the Council feels. If there is a consideration of a filling station, Mr. Kurtz said they would come back before the Council on that item. Mayor Cassandra felt that would be acceptable. Mr. Kurtz stated they would be willing to consider that. If they put in a service station, it would be a self service station with nice landscaping, and he assured Mayor Cassandra they would not have a problem with coming back and showing the Council exactly what they plan to do. Since the Planning and Zoning Board meeting, Vice Mayor Zimmerman asked whether they had decided anything further on the supermarket. Mr. Kurtz answered that they are working now with a major supermarket chain ring, but the supermarket had asked that their name not be disclosed at this time. He added that it is a major supermarket operation in South Florida. Vice Mayor Zimmerman asked about the home supplies. Mr. Kurtz replied that the home improvement center is actually a lawn and garden center. It is generally lawn and garden supplies, pool products, and so on. They will have an open area of landscaping in the back. Mr. Kurtz informed Vice Mayor Zimmerman that there will be no lumber. They incor- porated some of the oak trees on the site into the nursery area, and it should look nice. Mr. Kurtz told Mayor Cassandra it absolutely is not a Home Depot. Mayor Cassandra was concerned because C-3 allows more items. Mr. Kurtz reiterated that they will work with the City. At this time, they do not contemplate a filling station, as they have some other uses he thought they could put in. Mayor Cassandra asked if their back abuts Residential. Mr. Kurtz replied that it does, but they have a wall that goes along there. Mayor Cassandra thought, because of those - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 people, the applicant should have something that would n~t go up to 11:00 at night. Councilman Ferrell mOved to approve the site plan, subject to staff comments. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. BIDS None. PUBLIC HEARING ae Consider request submitted by Douglas R. Root, AIA, Agent for Eroyn and Blanche Girtman, Trustees, for conditional use approval to construct a 4,400 square foot day care center to serve a maximum of 89 children on .71 acres of property on Seacrest Boulevard at N. E. 5th Avenue, northeast and southeast corners At a public hearing, Mr. Annunziato said the Planning and Zoning Board unanimously recommended approval of this, sub- ject to st~ff comments. Mr. Golden showed the location on the overlay, and Mr. Annunziato said it was south of the Yorktown Apartments, on the east side of Seacrest. There is a lot south of 5th Avenue, which is used for parking. Mr. Annunziato informed Mayor Cassandra that the Council was to approve the site plan too, and ingress and egress would be on 5th Avenue. Mayor Cassandra asked if there would be any cross or turning traffic. Mr. Annunziato replied that quite a bit of work was conducted among the Planning staff and the applicant concerning access onto 5th Avenue and the best way to address that issue. It was determined that two drives on 5th (north and south) would accommodate dropping off of the children and would reduce the congestion on site. It would also facilitate the ability to pick .up garbage dumpsters. The applicant has concurred with all staff comments. Councilwoman Zibelli recalled the applicant said they had 35 square feet per child. On his way out, she asked Mr. Root if the 35 square feet per child included the adminis- tration area, and he said it did. Councilwoman Zibelli was concerned about how much administration area there is, and how area there is for the children for play and teaching. She thought it would be considerably less than 35 square feet per child if 89 children were going there. Mr. Annunziato informed her that the administrative area is a very small building. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 If they do anything, Councilman Hester pointed out that it has to be approved by the State. If they build, they will have to come up to the standards the State requires. Mr. Golden pointed out the administrative areas on the plan. Douglas R. Root, A.I.A., Slattery & Root Architects, P.A., 2101 N. W. 2nd Avenue, Boca Raton, responded that the 35 square feet per child does not include administration. Councilwoman zibelli commented that Mr. Root said, "Yes", when she asked him the other night. Mr. Root said they looked into it after Councilwoman Zibelli brought it up. There were a few comments. Mr. Annunziato commented that this zeros in on the need which was made evident by the Planning Staff's analysis of population changes and the number of households with a single parent. Obviously, the need for working mothers or fathers is there. Mrs. Blanche Girtman, 1920 N. E. 1st Lane, said it is her desire to work with children. She was Assistant Principal at Atlantic High School for 16 years, and asked the Council to grant her the opportunity to open a child care center. She stressed that it is one of the needs the children can use in this community, and it has not been approached in the last 40 years she has been in Boynton. Mrs. Girtman said the building will always be a beautiful spot for Boynton to look upon, and she was sure they would say, "a project well done." Councilman Hester thought it would be an improvement in the north end of the City and that they were headed in the right direction. As Councilman Hester said earlier, Mrs. Girtman confirmed that the State and County regulate everything. Child care has grown to great importance in the State, so if you work with children now, you have to be very careful how you do it. They will not be able to get by with anything. Councilwoman Zibelli moved to grant the conditional use, subject to staff comments. Councilman Hester seconded the motion, and the motion carried 5-0. Bt Consider municipal annexation of various rights-of-way located in unincorporated areas adjacent to City limits that presently are owned by Palm Beach County Mr. Annunziato said this is the second of what appears to be a two part series of annexation of public rights-of-way adjacent to unincorporated areas in various locations around the City. There are three parcels of rights-of-way in the - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 southeast corner of the City, three parcels on Hypoluxo Road, and two parcels south of the Mall, including the new Winchester Park Boulevard. Mr. Annunziato said the intent is to annex these road rights-of-way to eliminate confusion, which is raised when a public safety matter is at hand. There are some expenses, as noted in the report that was prepared for the Council, and this was a matter of discussion by the P&Z Board. The P&Z Board conducted a public hearing and recommended that the annexation of these public rights-of-way be concurred with. Mayor Cassandra asked what the costs are, approximately. Mr. Annunziato answered that if the decision is to landscape South Federal Highway in a minimal form, it will cost about $3,000. There is also a cost, in terms of maintenance, for 1/2 day service for three persons once a week and every other week in the winter. They noted there were no expenses from the Public Works' point of view. Ail of these rights-of-way, except for Winchester Park Boulevard, will all be maintained by the County or State, as the case will be. Winchester Park Boulevard is new, so the City does not anticipate much expense there. There will be some expense in addressing Police and Fire calls. Mr. Annunziato understood the Police responds to accidents in these areas regardless. Costs are there, and some may be costs the City is already bearing. Mr. Annunziato was really not able to put a number on the other costs but said they are there. The City has the ability to respond to emergency situations with knowledge. On the southeast corner of Winchester Boulevard, there is a piece of property about 80 feet wide and maybe of 250 feet in a north/south direction, the northbound lane of the curb side and the sidewalk are already in the City. This would clear up a problem where there was a jurisdictional issue. Mr. Annunziato further explained. If an accident occurs on the other side of the City's boundary line, Mayor Cassandra asked City Attorney Vance if the City would be liable if negligence occurred. He asked if the City would now become liable if they inherit the whole street. Mayor Cassandra wondered what the liabilities would be to the City, and he alluded to the insurance problems the City is having. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 City Attorney Vance thought they would probably be rather limited. A recent case law has limited the exposure of cities in the area of highway design, for example. In addi- tion, the City did not design these to begin with. The City would probably end up being sued, because they sue everybody in sight. City Attorney Vance did not think there was that substantial a question. Vice Mayor Zimmerman thought a pocket was being formed by taking in Winchester Boulevard. It will be entirely surrounded by the City, and it will have a little piece of County right in it. Vice Mayor Zimmerman asked if it was a good idea to establish these pockets. Mr. Annunziato replied that the concept of development in these pockets is such that they are going to be in the City if they are going to be developed. He did not think it was a statutory problem but thought it was a foregoing conclusion that all of the properties south of the Mall and east of Knuth Road are go- ing to develop in Boynton Beach. Mr. Annunziato continued that the issue of Winchester Park Boulevard already exists in part because the City had a portion of that road before it was expanded and previously annexed. He did not think there was a substantial problem created by the creation of a pocket. In effect, it is already a three sided pocket. Vice Mayor Zimmerman pointed out that the road from Congress, north past the NCAB bank, up to Winchester Boulevard would be in the County. Mr. Annunziato said that is a driveway and not a road. It has not been publicly dedicated; there is no public jurisdiction over it, and it would remain in the County. Vice Mayor Zimmerman thought it became confusing, and he elaborated. Mr. Annunziato said the same situation almost exists along Hypoluxo Road, where the City annexed adjacent to the City. However, it left gaps in Hypoluxo Road, which were not in the City. This request sort of brings that problem up, but Mr. Annunziato did not think it had been a problem for the Sheriff in terms of rights-of-way. In terms of jurisdiction over land use, the City has much to say, almost exclusively, as to development in the areas in these pockets, in con- currence with Palm Beach County. AlS no one wished to speak for or against the municipal annexation of the various public rights-ofway, THE PUBLIC HEARING WAS CLOSED. - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Councilman Hester moved to approve the municipal annexation of the various public rights-of-way located in unincorporated areas adjacent to the City limits, noting the staff comments. Councilwoman Zibelli seconded the motion. Motion carried 5-0. ae Consider request submitted by Douglas R. Root, AIA, Agent for Eroyn and Blanche Girtman, Trustees, for conditional use approval to construct a 4,400 square foot day care center on Seacrest Boulevard at N. E. 5th Avenue, northeast and southeast corners (CONTINUED) Mayor Cassandra noticed this was a public hearing and apologized for not allowing anyone to speak. See pages 13 and 14. There was discussion. City Attorney Vance advised there should be a motion to reopen the public hearing. Councilman Hester moved, seconded by Councilman Ferrell, to reopen the public hearing. Motion carried 5-0. As no one wished to speak in favor or against the conditional use, THE PUBLIC HEARING WAS CLOSED. Councilman zimmerman moved, seconded by Councilman Hester, to approve the additional use of the day care center, subject to staff comments. Motion carried 5-0. DEVELOPMENT PLANS ae Consider request submitted by Goldenholz-Fischer Archi- tects and Planners, P. A., Agent for Grove Partners Limited, c/o Coastal Resources Development Corporation, for approval for an amended site plan to allow for an expansion of the previously approved shopping center, including an 11,431 square foot (877 seat) cinema, a 23,000 square foot junior department store and a change in parking lot layout and design. The applicant is also requesting approval of a shared parking allocation. This site is located on Federal Highway at Old Dixie Highway, west side Mr. Annunziato informed the Council that there is also a request that accompanies this site plan modification, which is to provided for shared parking allocation. The applicant is proposing to have, as one of its tenants, a theater which will allow for the sharing of parking as opposed to parking for the uses individually (retail center parking and the theater parking). - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Mr. Annunziato told the Council this was similar to several requests they had in the past. The shared parking alloca- tion came to the Council with a recommendtion to approve, based on a modification to the City's zoning regulations, wherein a buffer of 10% minimum was provided. The P&Z Board unanimously recommended approval of the request, subject to staff comments. Additionally, the P&Z Board recommended that the applicant pursue, with the Department of Transportation and with Palm Beach County, the installation of a free right turn for southbound traffic off U. S. 1 onto Dixie, that, in effect, would create a lane, parallel to the front of the building, connecting with Old Dixie. Southbound traffic desirous going to Old Dixie High- way would not have to go through a signalized intersection. Mr. Annunziato continued that the applicant was also required to submit plans to provide for the mitigation of noise from the ground mounted coolers at the rear of the shopping center. These recommendations were created by the applicant. This is a modification, and very little was changed to the site plan. Mayor Cassandra asked why this was not a significant change, as far as square footage was concerned, to the~overall site plan approval. Mr. Annunziato answered that there is no opportunity in the C-3 zoning regulations for that kind of language. This is not a planned zoning district but is a Straight C-3 district regulation. There is no language for substantial change in the Ordinance, but it can be viewed as a new request. Mayor Cassandra commented thatiit might be worth it to consider things like this in the Comprehensive Plan. Mayor Cassandra asked if the applicant wished to say any- thing. There was no response. Mayor Cassandra commented that there are 19 movie houses in this City (9 in the Forum, 8 to be built on Hypoluxo Road, and 2 are in the Sunshine Square Center). The applicant will have 877 seats, which will give the City quite a few movie houses. Mayor Cassandra visited the Forum one night, and every theater had only 20 people. He is not one to believe in market analyses but was concerned about the volume of movie houses in Boynton Beach that become white elephants. Councilman Ferrell moved, seconded by Vice Mayor zimmerman, to approve the shared parking allocation request and site plan modification request, subject to staff comments. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Vice Mayor Zimmerman asked if this would have a Winn-Dixie. City Manager Cheney advised that Winn-Dixie will relocate out of the Gulfstream Mall. There were a few comments. A vote was taken on the motion, and the motion carried 4-1. Mayor Cassandra voted against the motion, as he did not think 23 movie houses in Boynton Beach was good planning. Vice Mayor Zimmerman remarked that it was the applicant's headache and money. He was worried about when they rezone residential land to this sort of thing and wondered what they could do about it. Mayor Cassandra said they were talking about the expansion right now. THE COUNCIL TOOK A BREAK AT 8:45 P. M. at 8:52 P.-M. The meeting resumed B. Report relative to proposed Planning and Zoning actions west of Boynton Beach City Manager Cheney passed out to the Council the Compre- hensive Plan amendments for Palm Beach County. Mr. Annunziato explained that each year, Palm Beach County goes through a Comprehensive Plan Amendment process similar to the process the City just went through. They are obligated to contact municipalities that have reserve annexation areas and all applicants that are within one mile of a municipal boundary. Mr. Annunziato said a series of those applica- tions were forwarded to the City with a request for comment. The Land Use Advisory Board has already conducted meetings on the applications, but the City did not have the materials in time to respond for those Board meetings. The Palm Beach County Commission, sitting as the Palm Beach Local Planning Agency, will be meeting on August 25 to review applications to plan amendments. It was the Planning Department's recommendation that the City forward comments, and they provided the Council with an analysis of each request, recommendations with regard to each request, and, if approved, the location for utility tie in and expectation for utility construction on the part of the applicant. There were seven or eight applications. Mr. Annunziato said the Council could go through the applications indivi- dually now or put them off for discussion until August 5. Mr. Annunziato informed Vice Mayor zimmerman that the Planning Department has not had an opportunity to present the applications to the P&Z Board, as they only received them 1-1/2 weeks ago. He explained and said the P&Z Board meets - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 on August 12, and the City Council meets prior to that date. The second meeting of the Council in August would just about put it to the deadline for submission of materials. It did appear to the Planning Department that it would be easy to get these to the P&Z Board for comments. After discussion by Mayor Cassandra and Mr. Annunziato, it was agreed it would be advantageous for the applications to be brought before the Council on August 5, which would give the Planning Department an opportunity to forward the comments in time for the Local Planning Agency's meetings. Mayor Cassandra suggested that Members of the P&Z be sent copies so they could send back comments on an individual basis, which would be added information for the Planning Department. Mr. Annunziato responded they could do that. Ce Consider Hearing Dates for Deutsch Ireland DRI (Development of Regional Impact) = Requested by City Manager Cheney Mr. Annunziato explained that the developers of the Depart- ment of Commerce are proposing another amendment to the master plan. The specifics of that amendment will be known as they go through the approval process. Mr. Annunziato said it is necessary for the Council to conduct a hearing with 15 days' notice. That 15 days' notice must be commenced starting 30 days after submission, but no later than 45 days after submission. In that 15 days, the Council has to give a 15 day notice and conduct a hearing. The hearing can be after that 15 days. Mr. Annunziato thought the serious date the Council had to consider was when they want to meet. He suggested dates and recommended that the Council conduct the hearing at a regular meeting. After discussion about dates, it was decided that the Council would hawe a public hearing on this DRI on Wednesday, September 3rd, the same night as the Council meeting. (The primary elections will be Tuesday, September 2nd). Mr. Annunziato said the ad would go out on August 19th. Mayor Cassandra asked if it would require a long time discussion. Mr. Annunziato thought it would probably be 1/2 hour to 45 minutes. Mayor Cassandra commented that a long agenda would make it a long night, and he wondered if they could start the Council meeting prior to 7:30 P, M. Mr. Annunziato was wary of advertising a public hearing would begin before 7:30 P. M. Almost all of the statutory - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 requirements are for after 7:30 P. M. on a week day. After discusSion, Attorney Vance advised that there appeared to be no limitation of time as to when the meeting must be held. There was more discussion. It was then decided that the meeting would be held Wednesday, September 3, at 7:00 P. M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING None. B. Ordinances - 1st Reading None. C. Resolutions Proposed Resolution No. 86-JJJ Re: Reauthorization of General Revenue Sharinq City Attorney Vance read proposed Resolution No. 86-JJJ by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO THE REAUTHORIZATION OF GENERAL REVENUE SHARING" Councilman Ferrell moved to adopt Resolution 86-JJJ, seconded by CouncilwOman Zibelli. Motion carried 5-0. OLD BUSINESS Discussion for Utility Costs Outside of City Limits - Requested by Mayor Cassandra Mayor Cassandra said the Council authorized a fee for an Engineer to look at how the City should move utility pipes for road construction and expansion, and he questioned why the City should pay for moving utilities that are outside of the City limits. He asked if it was the normal procedure that those who own the utilities pay for moving them. City Manager Cheney answered that it is a requirement. Mayor Cassandra has no qualms when the City has to pay for road improvements in the boundaries oif the City of Boynton Beach, but said he finds it hard to understand why the City must pick up the tab for moving the utilities when the road is going to be expanded outside of the City. - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 City Manager Cheney explained that they are paying for the moving of the utilities out of the Utility Fund. People outside of the City contribute to the Utility Fund through a 25% surcharge. Those people in the utility system outside of the City pay into the Utility Fund for the relocation of utilities in the City, and all of the customers pay for all utility locations when they are required to be relocated because of a road. The equity is that it is all in the Utility Fund, which is supported by all customers of the utility. Mayor Cassandra was quite aware of the surcharge but stated that the surcharge was not aimed necessarily at moving utility pipes for the building of roads or for the need of repairing utility pipes. He was not saying the City should not pay but was concerned that there are no benefits to the City. City Manager Cheney pointed out that the benefits are to the utility system. He suggested that Mayor Cassandra separate the utility system from the City. The utility system is one whole thing that has a lot of customers. City Manager Cheney continued that these kinds of capital costs come out of the General Capital Fund of the utility system, where they get capital service charges out of a whole system to pay for adjustments, relocations of utilities, improvements, and extensions of utilities. He explained that they were indirectly using a kind of impact fee to do this, and there was no other impact fee City Manager Cheney knew of that the City could use. City Manager Cheney said the only other impact fee the City collects is the road impact fee in the name of the County, which is fOr County expenditures for road construction and not utilities. Mayor Cassandra was not disagreeing with City Manager Cheney but said there was something wrong with the total body involved in paying utility charges and picking up the expense of a certain area of improvements. He had raised this question before about other ways of paying for things outside of the City. City Manager Cheney emphasized that the total body picks up all of those improvements for the total system. For example, the City is going to add very extensive utility relocation costs on North Seacrest, and City Manager Cheney assumed they would pay for that out of utility funds (capital service charges). The cost to relocate utilities - 22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 on North Seacrest will be paid for by all of the customers in the utility system, including those that do not live in the City, not just the City people. The cost for the work on West Boynton Beach Boulevard will be minimal compared to what the City spent years ago when Seacrest was widened. The City will spend a significant amount on North Seacrest, but that will come out of the Utility General Fund, which is the money that comes from capital facility charges. In earlier conversations, Mayor Cassandra noted City Manager Cheney said the City has to pay it. City Manager Cheney replied that the current rules and laws are that the utility systems have to pay, whether it is water, sewer, electric, gas, cable, or what have you. He believed it was in the Statutes. Vice Mayor Zimmerman commented that it is like a business and is self-supporting. Over the years, City Manager Cheney said the Municipal League has tried to get that changed. He added that it would seem equitable that the jurisdiction that tries to build a road should have solved the cost of that total budget, which includes the building costs. City Manager Cheney pointed out that the Seacrest project recently had a preconstruction conference. At that time, they discovered some major utility relocation problems with Florida Power & Light. There was a transmission line on North Seacrest, at about the beginning of Atlantic Avenue, north of Miner Road. It goes from there, north to Hypoluxo. For FP&L to relocate that line to accommodate the currently designed Seacrest, it will cost FP&L something like $1,000,000 in 18 months. Because the project will take 18 months, City Manager Cheney gathered from what the City Engineer told him, they will probably do some redesigning of the road. If they do not redesign the road, FP&L will pay the $1,000,000 to relocate those lines. City Manager Cheney gathered FP&L would see if they could work that out. If they do that, Seacrest will not start construction in October but will start towards the end of December. Because of the holidays, that will mean some time in mid-January. Mayor Cassandra said the cost to FP&L will be reflected in the bills to their customers. City Manager Cheney agreed, saying the City reflects its costs in the water and sewer bills. *Vice Mayor Zimmerman asked who designed the road. City Manager Cheney replied that there was a contract with Consulting Engineers. - 23- *Corrected - See minutes of 8/5/86 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Rezoning of Property - Requested by Councilman Ferrell Councilman Ferrell referred to the discussion at the last meeting where if the Council rezoned property for a particular type of development, and they decide to do something different, or it changes hands, and they want to change the rezoning the Council had already changed. He recalled that Assistant City Attorney Doney was here at the last meeting. Councilman Ferrell said Boca Raton is doing it right now. City Attorney Vance advised that he would call the Attorney for Boca Raton tomorrow. He wondered if they had any case law on it. Typically, the Courts have ruled that the zoning runs with the land. Councilman Ferrell said to suppose someone wants something zoned to a Planned Commercial Development (PCD), and the Council says OK. If they sell it, he asked if the rezoning goes with it. City Attorney Vance said he would mention this to Attorney Doney when he gets out of trial. NEW BUSINESS Consider extension of Boynton Beach Boulevard east of N. E. 6th Avenue (Requested by Community Redevelopment Agency) Hank Thompson, Chairman of the Communnity Redevelopment Agency (CRA), wanted to indicate to the Council some of the urgencies the CRA has felt with regard to the extension of Boynton Beach Boulevard and the bridge. Tonight, the City Manager gave the Council information which they probably already had with regard to a final determination of the Supreme Court with regard to the bridge, which will probably be in June of 1987 or later. If favorable to the Department of Transportation (DOT), it will make it possible for the extension of Boynton Beach Boulevard and the bridge to happen and be concluded in 1990 or 1991. What concerns the CRA is they will have completed next year (by December and maybe before) an $18,000,000 project at Watersedge. Running north and south to Watersedge would be Orange Street. Mr. Thompson said they always anticipated in their planning that there would be a connection from Ocean Avenue to the extension of Boynton Beach Boulevard. For that reason, Mr. Thompson said the CRA has had an urgency in regard to traffic patterns, etc. Long before the bridge - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 is completed, the CRA will have completed a nature walk along the Intracoastal Waterway, and there needs to be some consideration of traffic patterns for that. Mr. Thompson brought out the fact that this would not be a road to nowhere, as has been suggested. It is essential, as far as the CRA is concerned. The CRA feels the urgency of the matter, and Mr. Thompson wished the Council would consider that point. Bob Fauser, 125 S. E. 6th Avenue, expressed that he has great respect for Mr. Thompson and knows how hard he has worked for the downtown redevelopment. However, Mr. Fauser opposed spending $38,780 for the extension of this road to the lift station. At the CRA meeting, one of the main reasons given for extending the road was that it would assist in showing the available land to developers. As a taxpayer, Mr. Fauser did not feel that paving the road to make it easier to show developers available land was sufficient reason for spending so much money on this project. In effect, Mr. Fauser felt the taxpayers would be subsidizing a private real estate venture. In addition, Mr. Fauser said there is not that much traffic out to the lift station right now. If the bridge should go through, he thought it had been raised at various meetings that the bridge would be built and the rights-of-way to the bridge would probably be built in the same area so, as one newspaper said this morning, extending the road would be obsolete and a waste of money. That was Mr. Fauser's main reason for saying that. Mr. Fauser had nothing against Hank Thompson but thought there were too many other areas that have a priority over the extension of this road. Owen A. Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce, said, for practical reasons, Boynton Beach Boulevard is a City street. As he understood it, the City already owns the right-of-way east from 6th Street. The Chamber has not totally approved the plans for the rezoning and development of the downtown, as it related to the restriction of existing businesses. However, they - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 totally supported the downtown development plan. In that plan, Mr. Anderson said the maker of it said there are three major items that will kick off and make the downtown develop- ment successful. The Chamber supported that concept. Mr. Anderson said the bridge was one item. (2) was the development of the cove back to 6th Street. (3) was a hotel. Mr. Anderson said the bridge is at least five years away. The cove will never take place because the decision is that it must be developed out at the Intracoastal Waterway. That takes care of two out of three. The hotel/motel's development will be somewhere between $16,000,000 and $18,000,000. In the construction of that, it could well be that the street they are talking about could end up being damaged but, in turn, if the City puts in at least a cosmetic cover to at least allowing access to that area, that would be a gesture on behalf of the City towards that project. To involve some $38,000 against an $18,000,000 increase in the City's assessed value made good sense to Mr. Anderson. Mr. Anderson knew, generally speaking, that developers are required to put in those kinds of streets as part of their development of the site and was certain, with the ingenuity of the Council, they could very easily figure out how to recover that. He thought the gesture was worthwhile and necessary. Mayor Cassandra asked if anyone else in the audience wished to speak. There was no response. City Manager Cheney confirmed that Councilwoman Zibelli was correct in stating that the road encroaches on someone else's property, and she pointed out that they will have to move it anyway. City Manager Cheney said the City has been requested to move the rock road off of private property, and the City does need some kind of access road to drive into the lift station, which is a place the City visits just about every day. City Manager Cheney informed Vice Mayor Zimmerman that the 45 feet is public right-of-way. The State reported to the City that the State has no interest in it right now. The whole 60 feet there is right-of-way. Further on, by the lift station, there is 30 feet of right-of-way. City Manager Cheney said the City has access from that eastern 30 feet across some private land into the lift station - 26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 driveway. He assumed the City did not buy the private land between the lift station and the driveway because they imagined that some time the State would come in and buy it for the bridge. The City simply has an access right into the lift station. Councilman Hester asked where the street would be on the other side of the lift station. Mayor Cassandra answered that it would stop there. Vice Mayor Zimmerman added that it is vacant land. City Manager Cheney asked Tom Clark, City Engineer, if the right-of-way that comes in off of Ocean Avenue, which is access to the Sea Mist Marina, continues through to Boynton Beach Boulevard extended. Mr. Clark replied that it was planned to extend through, but he believed the deal fell through many years ago. He did not think there was any right-of-way there. City Manager Cheney asked what Orange Street is. Mr. Clark answered that Orange Street goes from Casa Loma. City Manager Cheney said that access street off of Ocean Avenue into the Sea Mist Marina/Casa Loma area is known as Orange Street. At one time, Mr. Clark thought it was proposed that the City extend that, but the City does not have that right- of-way. Mayor Cassandra guessed he was the one that said the road goes nowhere, and he still believed it was going nowhere. As far as the dollars and cents were concerned for the shell road, which is all they need to go to the lift station, it would be $2,000 versus $38,000. The City has normally been consistent in asking its developers to pick up the cost of roads. Now they are changing for reasons, as Mr. Anderson said, of a good gesture. Mayor Cassandra did not know if he had that much pocket money for good gestures. Mayor Cassandra said Mr. Thompson just commented that the deal was closed; they will submit plans in the very near future, and development will occur. Mayor Cassandra thought the road should be considered then because as far as Orange Street is concerned, they may know where the road will go, if it becomes a dedication by the developer as far as going through. He thought considering the road at this particular moment and time, where it could be torn up again because of the bridge, even though it is five years down the road, would only enhance the property around it because nothing is there now. Mr. Thompson interjected that First Financial Plaza is there now. Mayor Cassandra remarked that they have an entrance on - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 both ends, but they have no street. Mr. Thompson said it stops on the northwest corner of the Plaza property. Mayor Cassandra did not think this was an expenditure the City should consider at this particular moment, but he said he would be receptive to considering it at budget time. Councilwoman Zibelli asked why they did not take it under consideration at the time the developer pulls his permits. During that time, Mayor Cassandra said it might be a joint venture between the developer and the City. To him, that would be the time for a gesture to be made. It was on the agenda now for the Council's consideration. Vice Mayor Zimmerman suggested having the property owners on either side, abutting it, pay for it, since they get the use of it. Councilman Ferrell thought there was a lot of merit on both points. He referred to the point made about spending the taxpayers money to build the road and said there is a lot of merit to the fact it is not proper. By the same token, it is not totally without merit, even though it would enhance lands people would sell and make money off of. The future development and improvement of the downtown is a bene- fit to everyone who lives in Boynton Beach. Councilman Ferrell felt they should also consider that. Councilman Ferrell also felt they had to look at priorities and where they would take the $38,000 from. He did not think it would be a bad idea for the Planning Department to see if this was something that would be needed for the street structure when the marina project is done. Then they could address who would pay for it further down the line. Councilman Ferrell noticed markings on the eastern side, at the intersection, as you approach U. S. 1. City Manager Cheney informed him that the listing of markings and street improvement projects is in that, and they will be done in a month or so. The State does not claim any interest east of Federal Highway. When they get into budget time, City Manager Cheney said he will be presenting to the Council a report on last year's local option gas tax expenditures and a list of suggestions for the budget for the coming year. He did not think the Council should make a decision on this kind of expenditure outside of the context of the budget and other kinds of roads which relate to Comprehensive Plan suggestions and projects listed in the E&A Report. City Manager Cheney suggested that maybe the Council should look at all of them - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 together. He added that they would be addressing that with- in a couple of months. From the information Vice Mayor Zimmerman gathered from government subsidizing the building of roadways like this, many people are not in favor of government subsidizing. There has been tOo much of it, and it has gotten people in trouble all over the country. Motion Councilman Ferrell moved to POSTPONE this request and to have the Planning Department or the appropriate department look at what the future requirements of Watersedge will be. He said he w~uld like to plan ahead and see if there will be a need for thai road. Councilman Hester seconded the motion, and the motion carried 5-0. Temporary Road City Manager Cheney asked What the Council wanted to do relative to the request to move the temporary road off of the private road and questioned whether the CounCil would want him to see if he could delay it for three or four months. Mayor Cassandra thought the letter was poor public relations from the Chairman of the Trustees in the blind trust or the owner of the property. The letter implied that the City "should get off", and MaYor Cassandra thought they should do that. Mayor Cassandra asked Mr. Thompson to pay attention so he could pass this on. Mayor Cassandra felt if there was no mutual, working relationship between the owners of the property downtown and the CRA/Council, then the City must move it and make another road. If there was a mutual consideration, he thought it would be advantageous for the City and the private owners. Mr. Thompson did not understand Mayor Cassandra's comments. Vice Mayor zimmerman explained that if they would cooperate, maybe the Council would cooperate. If they do not want to cooperate, why should the Council cooperate. There were further comments by the Council. City Manager Cheney said he would contact the writer of the letter. He interpreted the Council to say if they cannot work something useful, the City should go ahead and move the road, but he said he would see what City Attorney Vance has to say. Mayor Cassandra felt certain portions of the letter were in very bad taste. - 29- MINUTES - REGULAR CITY COUNCIL MEETING BoYNTON BEACH, FLORIDA JULY 15, 1986 B. Consider Request to Increase Taxi Rates in Boynton Beach City Manager Cheney told Mayor Cassandra the City would be raising the rates to what Lake Worth's rates are, and he referred the Council to a comparison sheet he did. City Manager Cheney informed the Council that Melanie A. VanReeth, General Manager, Finn Cab, Inc., 821 South Dixie Highway, Lake Worth, Florida 33460, redrafted the Section of the Ordinance she was asking the Council to amend. When the City did this some years ago, City Manager Cheney said the rates were fair and reasonable. He stated that it was certainly fair to make an adjustment after seven or eight years. Looking at the comparison of rates, what Ms. VanReeth and Jorma Ylijoki, President, Sun Taxi, Inc., were asking for was in line with other rates in other areas. City Manager Cheney explained and said he thought it was fair to go ahead and do it. Councilman Hester moved, seconded by Councilman Ferrell to direct the City Attorney to prepare an Ordinance showing the Lake Worth rates as the new rates. Motion carried 5-0. City Manager Cheney informed everyone the Ordinance will be on the agenda for first reading on August 5, 1986 and for second reading on August 19, 1986. Ms. VanReeth told Mayor Cassandra their office is across from Sunshine Square. The dispatcher and cars are not there. The phone rings into the Lake Worth office. Municipal League Meeting Discussion - Requested by Vice Mayor Zimmerman Vice Mayor Zimmerman said the meeting is tomorrow at 10:45 A.M. The Attorneys are getting involved and having a meeting at 9:30 A. M. They will be bringing some information into the League body. Vice Mayor Zimmerman wanted everyone that could attend to be there. As their representative, he asked what the Council wanted him to do if they could not be there, Councilman Hester opposed the amendment because he felt 17 members would be too many. Vice Mayor Zimmerman thought that was settled to the satisfaction of the League and thought this pertained to the power the County was trying to usurp over the cities in the planning process. He wondered if City Attorney Vance had time to look into it. City Attorney Vance had been out of town. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Mayor Cassandra recalled they sent a Resolution to the County Commissioners supporting the original concept. Councilman Ferrell said the City's last presentation supported 15 Members. He went into detail and said he had a feeling the whole thing was headed for doom in November any way because it has been so controversial. Mayor Cassandra said Vice Mayor Zimmerman needed direction from the Council to either support the City's original Resolution to support the County Commission, which is 15, or to support the Palm Beach County Municipal League's new approach. Vice Mayor Zimmerman was sure they could not make that decision now because they did not know what the legal representatives from the municipalities might decide at their meeting and recommend to the representatives. He was looking for ideas. Mayor Cassandra was going to suggest that Vice Mayor zimmerman follow the City Attorney's recommendation in any way he feels the original recommendation should be changed. Vice Mayor Zimmerman reiterated that membership will not be the issue. City Manager Cheney interjected that it will be a power issue. Councilman Ferrell thought the City's representative should go along with the League on their recommendation. They are not "tickled to death because of the membership, but he did not think any one wanted to kill the plan because of that. Councilman Ferrell thought it would come out to the City's satisfaction if they went along with the League. Vice Mayor zimmerman thought the Council knew if they were there, they would be allowed to speak up when a proposition gets on the floor. He would have to do the voting for the Council, but thought it would be good if some of the Council could go and "whisper in his ear" City Manager Cheney said all five Members of the County Co~mission have been invited, and he thought they were going to request another meeting of the Task Force. He gathered that the whole document never got put together until after the last Task Force meeting. It was probably put together by the County Attorney's office. City Manager Cheney elaborated and said it came out in a big package, and the Task Force said that was not exactly what they recommended to the County COmmission. He said maybe something positive will come out of tomorrow's discussion. Mayor Cassandra advised that he will be unable to make it because of a Mayors meeting. - 31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Councilman Ferrell reiterated that they should go along with the League's recommendation. He spoke with the Council of Governments about how the change came about in the makeup of the Planning Council. It was something that was prearranged, and Councilman Ferrell questioned turning over the City's planning process to the South County political cooperative, which is what they are on the way of doing because of the way this thing was handled and done. Councilman Ferrell continued that the objectivity or lack of the County Commissioners, whoever they may be in the future, to take over some control of the City's planning process when they receive good, sound recommendations from an Advisory Board to put things before the public means the City really has to be careful, whether it goes on the ballot or not. Mayor Cassandra asked what will come out of the vote tomorrow. Vice Mayor Zimmerman answered that it will be a recommendation to the County Commission. Councilman Ferrell moved that the City's representative to the Municipal League be requested to vote in compliance with the Municipal League's recommendations. Councilman Hester seconded the motion. There were comments, and City Attorney Vance remarked that it looked like a Director was chosen before it even exists. A vote was taken on the motion, and the motion carried 5-0. ADMINISTRATIVE ae Reconsider appointment to Building Board of Adjustment and Appeals. Appointment to be made by Councilwoman Dee Zibelli ............ TABLED Councilwoman Zibelli moved to remove this item f.rom the table, seconded by Vice Mayor zi~erman. Motion carried 5-0. Councilwoman Zibelli appointed Jose N. Aguila, 800 S. W. 1st Court, as a Regular Member to the Building Board of Adjust- ment and Appeals. Bm Consider appointment for Alternate position on Community Relations Board. Appointment to be made by Councilman Ezell Hester, Jr ............ TABLED Councilman Hester requested that this matter remain on the table. - 32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 Consider appointment for Alternate position on Planning & Zoning Board. Appointment to be made by Vice Mayor Carl Zimmerman Vice Mayor Zimmerman moved, seconded by Councilman Ferrell, to place the appointment to the P&Z Board on the table. Motion carried 5-0. Vice Mayor Zimmerman informed the Members that he had the City Clerk send out Talent Bank forms to several people who have indicated, in the last few months, an interest in serving on the Board. He will see that the Council gets copies of the forms when they come back. Consider appointment for Alternate position of Community Appearance Board. Appointment to be made by Mayor Nick Cassandra Mayor Cassandra nominated Eleanor G. Shuman, 2520 N. E. 1st Court, 9411, as an Alternate Member to the Community Appearance Board. Councilman Ferrell moved to accept Eleanor G. Shuman as an Alternate Member to the CAB Board, seconded by Councilwoman zibelli. Motion carried 5-0. Approval of Construction Trailer - Requested by City Manager Cheney A couple of weeks ago, Vice Mayor zimmerman asked City Manager Cheney about the trailer sitting at Glenhurst Construction on Ocean Drive, near the Forum Shoppes. Bob Howell, Building Official checked on it, and it appears that Glenhurst and Bob Kessel have developed a joint partnership and are about to come in for an amendment. They indicated that they want the trailer to stay there, to be used in con- junction with construction of an athletic club and office building on the site located between the Forum Shoppes and Leisureville. City Manager Cheney recommended that they hold this off until the next meeting while he gets further information as to whether they need to come in for a site plan amendment or they can do it with the existing office building. He explained that he wants to get some idea of timing. If it will be six months before-they start any construction, the Council may want to ask them to remove the trailer. If it will be four or six weeks, the Council may not want to ask - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1986 them to remove it. them. In the meantime, the City will not cite Vice Mayor Zimmerman moved to TABLE the request, seconded by Councilman Ferrei1. Motion carried 5-0. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 9:55 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Vice MayOr Councilman C~uncilman Councilwoman ' -~F-/F'~ City c~l-er~ ReC~hdir~eg TS~se~ary~ - 34- AGEITDA July 15~ 1.986 e 10. AA~CO T~ANSMIS S !ON Repairs to Sanitation Truck ~82 Pay from Vehicle Service Fund---50!-193-519-40-32 ALL RITE PAViNGa INC. REQ~%4 For 5 Street Construction Project for work completed 5/25/86 to 6/30/86. Pay from Local. Option Gas Tax Fund ALSAY INCORPORATED First of 3 payments for refurbishi~ Well ~9 per contract. Pay from Utility Capital Improve---404-000-169-0!-00 Council' approved 4/4/86. ALLIED PRODUCTS COMPANY Pebble Quicklime for Water Treatment Pay from Water & Sewer Rev~--401-332-533-30-65 BOYNTOH BEACH CHAMBER OF COF/~ERCE Final 50% due for July 4th Fireworks. Pay from Publicity Fund---101-191-5!9~40-59 BROWN CULLEN~0.,INC. 27 Tee Stanchions for Golf Course. Pay from Golf Course---411-726-572-60-3B Council approved bid 5/6/86 CARR DRIVEWAYS Partial payment Construction of 26 Car Parking Field west of T-Ball Field at Little League Complex. Pay from General Fund---001-722-572-60-34 Per bid 5/12/86, Council approved 5/20/86 COASTAL SEAWALL &MARINE Final payment of Barge for July 4th Fireworks. Pay from Publicity Fund---~01-!91-519-40-59 DISPLAY SALESI~_~NC. ~hristmas ornaments and bulbs . Pay from Publicity Fund---!01-191-519-40-57 FLORIDA MUNICIPAL LIABILITY SELF-INSURERS PROGRAM August installment for General and Auto Liability Insurance. Pay from various city funds~ $ !~488.66 3~706.23 32~520.00 9,219.19 3,500. O0 !0,950.00 4~050.00 2,000.00 2,384.00 21,059o00 i0. tl. 12. 14. 15. 16. 17. 18. HARRIS UTILITY SUPPLY CO. Supplies for Sewerage Collection Pay from Water & Sewer Rev---40t-351-535-40-3F "Bid Item" HYDRALINE INC~ Repairs to Street Sweeper ~42 Pay from General Fund---001-411-54!-40-33 IBM CORPORATION Copier III Model 60 monthly availability charge 6/1/86 to 6/30/86. Pay from various departments in General, Water & Sewer Rev, Golf Course and CRA. JONES CHEMICAl_ I~NC~. Chlorine and drums for Water Treatment. Pay from Water & Sewer Rev---401-332-533-30-63 MDH GRAPHIC SERVICES~ INC. 5,000 Recruiting Brochures for Police Department. Pay from General Fund---001-211-521-40-72 Best of 7 written quotes. PAI~ BEACH COUNTY SOLID WASTE AUTHORITY Use of County Landfill for month of June, 1986. Pay from Sanitation Fund~--431-341-534-40-9A PAi~M BEACH N~SPAPERS I~__IN~C.NC. Legal ads for month of June~ 1986 - City Clerk-$9~lll.72 Ads for Personnel Dept - $640.38 - Pay from General Fund. S.G. PHILLIPS EST. ~9 Construction of Plant Expansion Project - SCRWTD P!ant, City of Boynton Beach's portion° Pay from 1985 Construction Fund .... 409-000-I~9~12-00 REGENCY DODGE 2 One ton Dodge trucks for Building Maintenance~ Pay from Vehicle Service Fund~--§01~193-519-60~81 .......... 50!-193-519-60~88 Total State Contract Noo070-00-86-I $9505.00 9505.00 $19010.00 1~150~00 1~950o00 1,071.00 2~757~30 !~398~00 66,793°36 9,752.10 322,655.27 19,010.00 COUNCIL APPROVED: RUSSELL & AXON~ INC. Professional services rendered PL92-500 Grant Invoice No o 97~ Authorization dated 5/9/72° 20e SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOAP~D 21. 22. 23. 24. Services rendered in connection with the treatment & disposal of wastewater for month of June~ 1986. Pay from Water & Sewer Rev~--401-353-535-40-gI S~ADES OF GREEN 110 trees planted on Congress Avenue for a total of $19,000~00 less 10% retained for 90 days, per contract~ f~r watering and possible tree replacement during 90 day period. Pay from Misc. Trust TAYLOR MADE GOLF COMPANY 24 Taylor Made Metal Woods for Golf Course. Pay from Golf Course---411-000-142-01~00 CHARLIE ANDREWS Driver for Senior Citizens Club 3 weeks Pay from Fed.Rev~ Share---320-~41~564~40~5A Per Ordinance %73-!5, passed 5/15/73 WILLIE RUTH MCGRADY Server for Senior Citizens Club 3 weeks Pay from Fed. Rev. Share--~320-64!-564-40-5A Per Ordinance ~73-15~ passed 5/15/73 1,259.83 73~711.40 17,100.00 1,162 o 05 196.56 188o16 The bills described have been approved and verified by the department heads involved: checked and approved for payment by the Finance Department. Grady ~ctor I therefore recommend payment of these bills COUNCIL APPROVED: Meeting: ~Che y.~ y ~g r Russell & Axon, Inc. Established in 1920 July 7, 1986 City of Boynton Beach P.O. Box 310 Boynton Beach, Flor ida 33435 Attention: Mr. Peter L. Cheney, City Manager Subject: Invoices Surauary of Russell & Axon invoices for Professional Services for City Council approval. For professional services, PL92-500 Grant 00614-K, Invoice No. 97 Authorization dated May 9, 1972. $1,259.83 /wg Attachments cc: Perry A. Cessna (w/attch) Betty zobel ~Finance DAB (w/attch) Invoice Correspondence File TOTAL $1,259.83 110 EAST ATLANTIC AVENUE · SUITE 414 W · DELRAY BEACH, FLORIDA 33444 RUSSELL & A×ON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 DATE July 4, 1986 INVOICE NO. 97 PROJECT NO. 00614-K 110 EAST ATLANTIC AVE. · SUITE 414 WEST · DEI. RAY BEACH, FLORIDA · 33444 · 305/278-2615 For professional services rendered in connection with PL 92-500 Grant Application and Supporting Studies - All in accordance with agreement dated June 10, 1968, and Authorization dated May 9, 1972. EPA Grant Audit preparation. Clerical/Secretarial work. Labor Cost - May 31 - June 27, 1986: 39 Manhours $503.93 Multiplier 2.50 Postage & Express Telephone Mileage: 20 miles $0.205 /mile $1,259.83 $0.00 $0.00 $0.00 AMOUNT DUE THIS INVOICE CoUNCiL $1,259 FD-16-82