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Minutes 05-21-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 21, 1985 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Robert Ferrell, Vice Mayor Ezell Hester, Councilman James R. Warnke, Councilman Carl Zimmerman, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk William Doney, Asst. City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. Reverend John Block, Pastor of St.'Mark's Catholic Church, gave the Invocation, followed by the Pledge of ~llegiance to the Flag led by Councilman Carl Zimmerman. AGENDA APPROVAL Councilman Warnke requested the addition of Item H - Discus- sion of the Coming Hearing on Train Speeds, under Administra- tive. Mr. Cheney corrected Item E under Consent Agenda to cover a request for three trailers, and under Approval of Bills added a bill for a share of the design costs for expan- sion of the sewer plant in the amount of $9,293.72. Mayor Cassandra stated he would like to pull out for discussion on the Consent Agenda Items D-1 and D-3 and the applicant has requested Item D-4 to be discussed separately. He would like to make a recommendation on Item 8 in Approval of Bills for future bills, Under New Business, he would like to discuss the possibility of a fulltime City Attorney for the city. He has received a petition concerning a request for a rope on the beach and also a request in letter form to discuss a median on Seacrest Boulevard. Under Legal - Other, he would like to discuss the possibility of removing one alternate from the Community Appearance Board. Mayor Cassandra ascertained there were no other corrections and announced the agenda would stand approved as corrected. ANNOUNCEMENTS Presentation of National Organization on Disability Award Mr. Cheney referred to the city's concern and told about pro- grams developed in the area of service to the disabled and handicapped. He told about the formation of the Horizons Committee being coordinated by Craig Grabeel and how they had addressed problems of citizens in the city with being handi- capped. Mr. Grabeel then introduced the members of the Horizons Committee present in the audience. Mr. Robert Paulk, representing Congressman Dan Mica, read a letter bf congratulations and commendation from the National Organization on Disability together with a check in the amount of $1,000 sent to the city. He also presented the MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 city with a Certificate of Achievement. He added that Con- gressman Mica had the opportunity to meet with President Reagan and it seems Boynton Beach is on the cutting edge of a national trend. President Reagan has taken a keen interest on concerns for the disabled and Congressman Mica is proud to represent the city. Mayor Cassandra extended his thanks to Congressman Mica for presenting the award to one of our people in Washington. He is proud of the volunteers on the Horizons Committee and their concern for the disabled. We were also the first to require the doors for the handicapped and-have been involved with the wheelchair course at Caloosa Park. City Hall will be closed Monday, May 27, 1985, in observ- ance of Memorial Day The Mayor announced the above. Robert Leary, Planning Consuttant~ will meet in workshop session with the Planning & Zoning Board and City Council on Wednesday, May 29th and Thursday, May 30th. The topic of discussion will be the basis for adoption of a Compre- hensive Plan Evaluation and Appraisal Report and a 1985/86 Boynton Beach ComprehensiVe Plan. Mayor Cassandra announced the abo~e and M~. Cheney added that particularly the Planning & Zoning Board and City Council should be there and it is hoped many department heads will attend. It is open to the public. It will be held at the Roy.al Palm Clubhouse at 7:30 P. M. He also suggested that the Chamber of Commerce Board of Directors attend. He is sure it will be an enjoyable two evenings. Other Mayor Cassandra stated as we approach the end of the agenda tonight, we will have the second reading on the lifting of the moratorium and announced the Chamber of Commerce has taken steps to haVe a meeting with the business community sometime in September. Mayor Cassandra recognized the presence of two boy scouts in the audience and requested them to stand and introduce them- selves. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 CITY MANAGER' S REPORT Developmen_~t=& Highway Planning in South County Mr. Cheney reported there was a County 'Commission sponsored meeting concerning development and highway planning in the South County which brought the three cities and the County commission together. We were represented by Councilmen Zimmerman and Warnke and four County Commissioners were pre- sent. The issue was about highway development and highway programs keeping up with development. He told about exam- ples given showing how we are unable to meet our road needs. The County Commission has become aware as they make planning and zoning decisions west of Delray Beach and Boca Raton, they have an impact on the cities to the east with people working and shopping there. Construction of the Post Office Mr. Cheney told about a meeting held with postal officials and explained how much was not accomplished in reference to their agreeing to Widen the street behind Publix and extend the sidewalk to the south. They also indicated they have the right to go ahead demanding use of the street and water sys- tems. They indicated they might be able to do the sidewalk, but not the ~additional footage. The real problem is mowing the building ten feet to the west and they asked if we would be willing to pay for that and he suggested our reply would be negative. The building is under construction and he was surprised they awarded the contract when they were aware there were problems. He told about other officials talking to them in our behalf, but not being able to obtain cooperation. Mayor Cassandra referred to water and sewer service and Mr. Cheney replied it is our-position they don't get water and sewer until annexing and they cannot annex until meeting our Conditions. Their position is they can demand the service. It may end up in court. Councilman 'Zimmerman asked if the matter of criss-cross traffic on the site came up and Mr. Cheney replied affirma- tively and he requested they take a look at it. Councilman Warnke stated he thinks Mr. Cheney's efforts are commendable on this with upholding our city codes. He moves to give the City Manager a vote of confidence from the City Council backing his efforts. Councilman Zimmerman seconded the motion and it carried 5-0. - 3 - MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Boynton Beach BoUlevard Task Force Mr. Cheney reported the items on the priority list of the Boynton Beach Boulevard Task Force have been pretty well achieved. They have been successful in"keeping issues be- fore the County Commission. Three priority items have been added: Old Boynton Road being improved and extended to Military Trail, N. W. 22nd Avenue being extended to Military Trail and the completion of Woolbright Road between Congress Avenue and Military Trail. Boynton Commerce Center Mr. Cheney referred to problems at the Boynton Commerce Center being discussed several meetings ago relative to dying trees, dumpster locations, etc. and advised he received a memo from Dorothy Moore and Kevin Hallahan, who have been Working with them. The dead trees and landscaping will be replaced and the dumpsters relocated within thirty days. PUBLIC AUDIENCE Parking of Cars on S..W. 6th Street Ms. Marguerite C. Tolpo, 2839 S.W. 6th Street, told about cars being parked on the street in front of 2818 S.W. 6th Street and explained how it was a hazard for her to get out of her driveway as well as being an eyesore to look at. She told about contacting the police and how one officer said it was not allowed, but the-second officer said it was all right. She explained how it was hazardous with cars being parked in this narrow street and showed some pictures. Mr. Cheney informed her that~ the first officer, unfortunately, was probably wrong because if there is an absence of no park- ing signs on the street, then parking is allowed on 'the street. There is no limit of how many cars people can have at their home. There are many places in the city where people have more cars than they can park in their driveway. No parking signs apply to everybody and sometimes become a.nuisance for those wanting company or guests. The issue of limited parking for a period such as two hours is an enforcement problem. Ms. Tolpo referred to one way traffic and Mr. Cheney informed her if there is a multi-family area with a lot of traffic, a one way street would be considered, but this obviously is not wanted on 6th Street. He will take a look at it and report back to the City Council. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 There was some discussion regarding the exact relationship of the parked cars to Ms. Tolpo's driveway with explanations being given. Mayor Cassandra suggested having.the City Mana- ger in conjunction with the Poli,ce Department contacting Ms. Tolpo to see if there can be some amicable solution. Councilman Warnke suggested that she talk to .the neighbors about the cars and Ms, Tolpo'replied-there is no place for them to move their cars to. Mr. Cheney agreed there is a problem, but he will look into it. CONSENT AGENDA A. Minutes 1. Regular City Council Meetinq Minutes of May 7, 1985 Bids 1. Construction of Cherry Hills ImprOvement Phase IIB The Tabulation Committee recommends awarding the bid to the lone bidder, All-Rite Paving, Inc., in the amount of $229,547.82. C. Resolutions 0 Proposed Resolution No. 85-BB - Re: 1985/86 Aquatic Weed Control Grant Proposed Resolution No. 85~CC - Re: Reduction of Bond - Cypress Park A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR CYPRESS PARK OF PALM BEACH COUNTY AT THE NORTH WEST CORNER OF OLD BOYNTON ROAD AND MILITARY TRAIL D. Development Plans o The Planning & Zon of this request su. Consider equest for site plan approval to construct 135 csndominium units and'recreational amenities on 11.74'~ acres as previously provided for in the Kirsner/ Cogen Plan~ed Unit Development on Congress Avenue at Golf Road, the northwest corner. This request was submitted ~y Richard C. Reilly for Philip Conner. lng Board unanimously recommended approval ~ject to staff comments. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Consider request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 80 units in Plat 1 and 64 units in Plat 2 in connec- tion with a previously approved Planned Unit Develop- ment located .on Miner Road at Congress Avenue, the south west corner. This request was submitted by Wantman and AssOciates for the Chalet IV Corporation. The Planning & Zoning Board unanimously recommended approval of this request subject to staff comments. e Consider request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 83 units in connection with a previously approved Planned Unit Development located on Southwest Congress Boulevard at Congress Avenue, southwest corner. This request was submitted by Michael Ambrose for Barry Barson. The Planning & Zoning Board unanimously 'recommended approval of this request subject to staff comments. Consider request submitted by Reverend John G. Block, St. Mark Catholic Church, to place three (3) 40' trailers for the storage of equipment from the school, in conjunction with the addition of three rooms on the second floor of St. Mark School. In accordance with Chapter 25, Section 25.7 of the City of Boynton Beach Codes of Ordinance, the Building Department recommends approval. Consider request submitted by Robert Breslau, Leasing Representative for Southeast Centers and Meadows Square Associates, to place an office trailer at the intersection of Congress Avenue and Hypoluxo Road, in conjunction with the construction of the Publix Shopping Center. In accordance-with Chapter 25, Section 25.7 of the City of Boynton Beach Cod~ of Ordinance, the Building Department recommends approval. Authorize contract for relining of 20" VCP on Boynton Beach Boulevard A memorandum from Perry Cessna dated May 6, 1985, provides a report on two proposals for carrying out'this work and recom- mends authorizing the execution of a contract with Johnson- Davis, Inc. in the amount of $20,950. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 H. Consider approval of .replacement of turbin~ pump - Well #7 The City Manager recommends that the City Council approve the expenditure of funds for the improvements outlined in Perry Cessna's memorandum of May 2, 1985. Approval of Records Destruction Request - Data Processing Department This request was submitted for the records as noted on memoran- dum No. 47 dated April 15, 1985, from Michael Munro. J'e Approve election of two members to Municipal Police Officers' Retirement TrUst Fund Confirmation by the City Council is requested for the election by the Police Department of Sgt. Raymond Caudell and Officer Gregory Steffey to be their representatives on the Police Officers' Retirement Trust Fund Board. K. List of Payments - Month of April, 1985 See list attached. ne Approve request for zoning for alcoholic beverage license: 1. Zell's Super Valu 1602 South Federal Highway Boynton Beach, FL 33435 The Deputy Building Official noted zoning at the above address permits the sale of beer and wine for off-premise consumption. M. Approval of Bills See list attached. Vice Mayor Ferrell made a motion to approve the Consent Agenda with the exception of the items taken out, seconded by Council- man Hester. Mayor Cassandra clarified this was approval of Items A-l, B-l, Resolution No. 85-BB, Resolution No. 85-CC, D-2, D-5, D-6, E with the correction of three trailers, F, G, H, I, J, K, L, M with the addition of our share of $9,293.72. Motion carried 5-0. D-1 o Consider request for site plan approval to construct a new Mobil Oil facility including a car wash and conven- ience store on .92 acres on Congress Avenue at Boynton Beach Blvd., the southeast corner. This request was submitted by Kieran J. Kilday fOr Mobil Oil CorPoration. Mr. Annunziato explained the overlay with noting the points of access and explained the building plans. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNT-ON BEACH, FLORIDA MAY 21, 1985 Mayor Cassandra referred to this particular request satis- fying zoning section ll-L where appropriate and asked.if it satisfied e~ery one and Mr. Annunziato replied negatively as some could not possibly be satisfied. Mayor Cassandra re- ferred to there being no comm and expressed his concern abo ience stores. Mr. Annunziato was concerned regarding the 1. appeared to be very well lit. Asplundh trucks being_parked going to continue and Mr. Ann' Planning Department's comment~ ~nt from' the Police Department vt'high crime rates in conven- advised the Police Department Dcation of lights, but the site Mayor Cassandra .referred to ~here and asked if this was ~nziato replied that under the ~, it is stated the uses on site are limited to those in C-3 z~)ning~ Those trucks were parked there for maintenance and thelfe will not be a service station there now, Mayor Cassandra a~ked if a car wash and conven- ience store are allowed in C- affirmatively. Councilman Warnke asked if th~ and Mr. ~nnunziato replied discharge of waste referred to in Mr. Cessna's memo had been resolved and Mr. Cessna ex- plained this had been worked 9ut with dropping into a gravity sewer on the west side. Mayo~ Cassandra asked if car washes are required to recycle water and Mr.'Cessna replied nega- tively. Mayor Cassandra referred to waste and Mr. Cessna replied that it will be constructed with a sand and grease trap which will be periodically checked. Vice Mayor Ferrell moved to approve, seconded by Councilman Zimmerman. No discussion. MOtion carried 4-1 with Mayor Cassandra dissenting. · D-3. Consider request for an_amendment to the previously approved Boynton Beach Mall site plans to provide for the construction of a J¢~rdan Marsh Department Store of 140,000 square feet n Congress Avenue at Old Boynton Road, northwest submitted by the Edward Boynton-JCP Associates, Mayor Cassandra questioned the Annunziato informed him it is Marsh Store and added that we processed department stores as firm. Vice Mayor Ferretl made a mot seconded by Councilman Hester. ried 5-0. corner. This request was J. DeBartolo Corporation for Ltd. amendment requested and Mr. the addition~6f the Jordan started with the mall and modifications as they became on to approve this request, No discussion. Motion car- - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Alteration of Burdine's Landscape Plan at Boynton Beach Mall Councilman Zimmerman referred to the landscape plan for Burdine's being altered at the Community Appearance Board meeting last night and moved to correct the agenda to dis- cuss this matter. Councilman Hester seconded and the motion carried 5-0. Mr. Cheney stated when Burdine's came in, they made a major presentation originally on the quality of landscaping. They were going to have a lot of vines on the walls contoured into sculptured shapes. They came in last night to amend their landscaping plan before the Community Appearance Board. What they are going to do now is traditionatwith what the mall is doing and is'not that special kind of .thing they sold us on. Their reason was they could not get anyone to bid on that high quality landscaping. This is a case where the code allows amending the landscaping from something which was Very nice. Councilman Warnke referred to attending the Community Appear- ance Board meeting and stated in.place of the landscaping. Burdine's planned to have originally, they are going to have concrete sculpture on the side of the wall. They went before the Community Appearance Board to vary their original plan to a great extent. The Community Appearance Board granted the request. He would like a legal opinion whether the Community Appearance Board has the right to approve large changes in landscape plans already approved by the City Council and staff. Mr. Doney replied that he would have to look into this. Mayor Cassandra asked if Burdine,s could be told to stop what they are doing because of a question of legality. This is why he suggested spending 'time on the code book. This is a ques- tion whether the Community Appearance Board has the right to make policy and the code book has to be addressed. Councilman Warnke agreed that possibly Burdine's should be asked to hold off until a legal opinion is received. Mayor Cassandra sug- gested requesting the City Manager and'Planning Director con- tacting Burdine's to advise the City Council is concerned about what they are doing and there 'is a question of legality in reference to their new landscaping. Also, maybe we should expedite the new landscaping code. D-4. Consider request for approval of a site plan which pro- rides for the construction o.f a 33,386 square foot industrial building on 2% acres in the 3000 block of S.W. 14th Place, east.~si~e. This request was submitted by Richard Grimes for Grimes, Carr, and Walker. Mr. Dick Grimes, 4295 N.W. 1st Avenue, Boca Raton, referred to a possible problem of cars parking in the swale area and asked if there was any possibility of posting no parking signs in the - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 19 85 swale area in frOnt of his property. Mr. Cheney replied that he would have the Police Department look at it. There should be enough on-site parking. There is really no need to park in the street and there will be a lot of truck traffic. He thinks it is a good idea. The swale will make that industrial area look nice. He thinks, we may want to address areas like that and not allow, parking. We will do all we can to move in that direction. Mayor Cassandra questioned what kind of warehouse this would be and Mr. Grimes replied that it will be rental warehouses with bays. Mayor Cassandra asked if the environmental laws would be enforced and Mr. Annunziato replied affirmatively. Councilman Warnke moved to approve with the staff comments, seconded by Councilman Zimmerman. No discussion. Motion carried 5-0. M-8. Approval of Bills - Peter Hurtqen, Attorney $7,424.61 Mayor Cassandra referred to this being a large dollar sum for legal labor matters with no explanation and suggested it may be advantageous in the future to request a breakdown from the attorney When coming to labor negotiations. Mr. Cheney agreed this could be done. Councilman Warnke moved to approve, seconded by Councilman Zimmerman. No discussion. Motion carried 5-0. BIDS NONE PUBLIC HEARING Consider request for a variance to the moratorium on new construction and building renovation in the Community Redevelopment Area and for Conditional Use Approval to construct a 4,200 square foot addition to the existing St. Mark's Elementary School which is located at 643 N.E. 4th Avenue. This request was submitted by the Reverend John G. Block for the Diocese of Palm Beach. ~ , Mr. Annunziato informed the Council the moratorium variance aspect comes to the City'Council with the recommendation from the Planning & Zoning Board to approve. It was felt. the re- quest was consistent with the redevelopment plan and %he nature of improvement is the 'site conditions all have been improved. The conditional use aspect was reviewed in a memo prepared for the Planning & Zoning Board an([ a public hearing conducted. It was found there was a basis for apProval of conditional use and the recommendation is to gl ments. The recommendation is ~ - 1¢ · ant with some minor staff com- .o approve both. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Councilman Hester referred to Mr. Cessna's memo and asked if it has been satisfied that no additional students will be added requiring additional capital facilities charges and Mr. Annunziato clarified that just additional square footage is being added and not students;if they do in the future use those spaces for students, there would be an additional charge. Mayor Cassandra commented that St. Mark's has improved the area with their new construction. He then ascertained.nobody desired to speak in fawor or against these applications and declared the public hearing closed. Councilman Zimmerman moved to grant the variance to· the mora- torium, seconded by Councilman Warnke. Motion carried 5-0. Councilman Warnke moved to approve the conditional use, seconded by Councilman Hester. Motion carried 5-0. Consider request street and a 50' Estates Plat No. VelardO Homes. for the abandonment of a 15' service public right,of-way at Lake Boynton 1, submitted by Jo~n Pagliarul~ for Mr. Annunziato explained the location and advised the intent was to abandon the 15 ft. service street adjacent to the appli- cant's property and Cordova Way. Based on comments received from utility Companies, the applicant removed th~ request to abandon the 15 ft. service street. The staff re~ommended approval subject to. the 15 ft. alley abandonment and a 15 ft. easement retained across Cordova' Wa5 ning & Zoning Board conducted a public hearing a~ recommended this request for both parts be denie( Vice Mayor Ferrell questioned the reason for the Mr. Annunziato replied it was felt because the a~ greater circulation may be needed in the future be premature to be abandoning streets which may Mr._ John Pagliarulo stated the intent of the req~ was based on the development going on in the aree proximity of'Cordova Way to 8th Street, so they the need for the right-of-way which exists. Whe~ of-way falls, it is mn the middle of some propert platted many years ago in various sizes. It mak, abandon to keep the property sizes uniform. Councilman Warnke referred to Cordova Way being and 230 ft. long and questioned who would get tit property if abandoned and Mr. Doney replied that to the present owners. Councilman Warnke comment could not see abandoning unless purchased. - 11 - being refused ,. The Plan- ed unanimously [. denial and · ea is growing, nd it might ,e needed. .est basically ~ and close id not see e the right- y which was s sense to 0 ft. wide le to this it would go ed that he MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Mr. Cheney stated it is his understanding if this was dedicated some time in the past and we give up our interest in the right- of-way, it is abandoned to the owners on both sides of the right-of,way since we did not buy it in.the first place. Mr. Doney added it would depend upon the language on the plat and whether easements were reserved in it. Further discussion ensued regarding the use, value of property, utility easements, etc. Mayor Cassandra asked if the abandonment would result in giving the applicant ~an additional ~t and Mr. Pagliarulo informed him it would be subdiVided to add to properties on each side to create another buildable lot, which at this time would require variances. Mr. Cheney clarified that he would not get any more lots, but would have the opportunity.to subdivide existing lots to meet today's standards. Vice Mayor Ferreli also pointed out that this street could only be extended two blocks and does no~ appear to serve any practical purpose. Mayor Cassandra asked if anyone wished to speak in favor or against this request and received no response. Vice Mayor Ferrell made a motion to approve the abandonment of the 50 ft. right-of-way, but not the 15 ft. service street. Mr. Annunziato suggested that it~be subject to Mr. Clark's memo and Vice Mayor Ferrell agreed. Councilman Hester seconded the motion. Under discussion, Councilman Warnke stated he still has a problem with title to the original plat and wording of that and questions if we are operating legally according to the background. Mr. Doney informed him that he think, s it can legally be abandoned, but selling would be questionable. The real finding would be whether there is fo~seeable public use. Councilman Zimmerman asked if this was not abandoned, would the developer be required to improve that street and Mr. Annunziato replied that'our Position has been the developer has been responsible for improving the street when the staff and COuncil felt it was necessary. Vice Mayor. Ferrell asked if in this situation, where the street would only go two blocks, would he foresee that recommendation and Mr. Annunziato replied that he concurs with Mr. Clark's comments. Mr. Cheney remarked he thinks we would have a hard time in this case, with all the lots facing on east/west streets, to get this paved since it does not go anywhere. Councilman Zimmerman referred to the north end of this right~of-way remaining and Mr. Cheney stated a similar request wiI1~ probably be submitted in the future. Councilman Warnke stated he was still taking into consideration the unanimous denial by the Planning & Zoning Board. Motion carried $-2 with Councilmen Warnke and Zimmerman dis- senting. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Consider request for an a.mendment to the Future Land Use Element of the Comprehensive. Plan-from High Density Resi- dential to Local Retail and for a rezoning 'from R-3 Multi- Family Residential to C-3 Community Commercial for a possible future addition to the Sunshine Square Shopping Center located at S.E. 18th-Avenue. This request was submitted by Joseph Pollock (The Building.-Company) for Robert J. Rose and Robert J. Rose, Jr. Mr. Annunziato explained the location. He informed the Council the Planning & Zoning Board, after conducting a public hearing, did recommend this request be approved by a vote of 5-2. The dissent was based on the Planning Department's recommendation to approve in part and deny in part. The basis of the Planning Department's recommendation concerned-the future addition of S.E. 3rd Street and land uses. S.E. 3rd Street exists in part on paper and in part built and was added to the comprehensive plan to enhance circulation in the area north/south to the ~shopping area from 23rd Avenue. The issue raised was where do you draw the line and what impact does it have on. future land uses. As proposed, the commercial line would be some- what south of S.E. 18th Avenue and would have a negative impact to develop residential on the other side of 3rd Street. Once you begin to project commercial zoning south of 18th Avenue with west of 3rd Street into a commercial category, we are talking about lands marginally useful for commercial zoning and could be creating a strip along the F.E.C. Rail- road. C-3 uses are oriented to a highway with large traffic volumes. The result would be having it used for purposes less commercial. The property owner would be left with a parcel o'f land not developable if the Property is split. The Planning & Zoning Board did recommend that the appli- cant's request be approved as submitted. Councilman Warnke asked if the right-of.-way for future S.E. 3rd Street is dedicated and Mr. Annunziato replied that it exists in part~ Councilman Warnke asked if the one bisect- ing the property is dedicated and Mr. Annunziato replied negatively, but it would be our recommendation that the applicant convey one-half right-of-way to the public for 3rd Street. COuncilman Warnke questioned if the property would be used for building or parking for the shopping center and Mr. Annunziato replied that he thinks it is their intention to provide additional parking in that area with primary uses being on parcels to the east. After further comments about division of the property and actual uses, Mayor Cassandra asked if the applicant was present. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Mr. Joe Pollock, Agent~ informed, t contract to purchase subject parce zoning to C-3 is to permit utiliza property as part of Sunshine Squar. intended use suggested is for park expansion of Sunshine Square. $. me Council they have a 1. The request' for re- tion of this piece of ~ Shopping Center. The £ng and access for future ~. 18th Avenue feeds directly into the property and could be developed to provide truck access to the back side of the buildings adjacent to the F.E.C. Railroad, providing for service vehicles, and employee parking on the back side of the building. The only real use for the size, shape and location of this property would be for parking. Mayor Cassandra referred to the access and questioned how they would get to this piece of prgperty and-Mr. Pollock replied tha~ two pieces of propert~ south of Sunshine Square ar~ owned by Sunshine Square a~d they would be Paved and developed in conjunction with this. Mayor Cassandra asked if anyone desired to speak in favor or against this application nd received no response. Vice Mayor Ferrell made a ~motion to approve this request in accordance with the Planning & Zoning Board's recommendation, seconded by Councilman Hester, No discussion. Motion car- ried 5-0. Consider request for Conditional. Use to construct an adult care residence Submitted~y Ca,fl W. Linder. Mayor Cassandra referred to the Pl~Lnning & 'Zoning Board .reaching a 3-3 vote in deciding thJ.s matter and then decid- ing to table the application and e~ cedure would be that the original n and it would come to the Council f¢ Cheney suggested it might make sent possibly the motion to table 'in~th~ was wrong, but his .concern is many at the Planning & Zoning Board mee~ ing it was tabled and would be hea~ Zoning Board meeting gi~ing them t~ further and react to the whole iss~ parliamentary procedure on this iss nlng & Zoning Board to see if they at the next meeting and continue ti more meeting. [plained the correct pro- ~otion to approve lost ,r consideration. Mr. e to acknowledge that s particular situation citizens were present ing and they left assum- 'd at the next Planning & e opportunity to discuss e. He suggests ignoring ue and allowing the Plan- can make a recommendation e public hearing to one After further discussion regarding the proper procedure, Councilman Zimmerman moved to continue this item until June 18 meeting, seconded by Vice M~yor 'Ferrell. No dis- cuss~on. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 At this time, Mayor Cassandra declared a recess and then re- convened the meeting at 9:25 P. M. DEVELOPMENT PLANS Consider request submitted by Robert C. Wade, agent for the Catania Development Corporation, for a modification to the previously approved 'master plan for the Quail Lake West Planned Unit Development. Mr. Annunziato explained the location and advised the proposal is to change the type of units, but not the count. They feel it is more appropriate not to have three story units in that area. The Technical Review Board did review the plans and found no changes in impact and recommend a finding of no sub- stantial change. Mr. Robert Wade showed a colored site plan indicating what was proposed. He advised the plan which had been approved called for a three story building over parking and they felt that product would be a little too intensive for the site. They did a market analysis and are recommending reducing the height of the building with two story garage homes. They feel a low profile would be more in keeping with the heighborhood. Vice Mayor Ferrell made a motion to approve this request with a finding of no substantial change, seconded by Councilman Zimmerman. No discussion. Motion carried 5-0. Consider request for a second variance and building renovation in the Communi Area to construct a second story of a square feet, consistent with the rece~ regulations, at 211 South Federal was submitted by Dan Colachicco for K Mr. Annunz±ato ±nformed the Council tha ~±s comes with a recommendation for denial .from the Planni~ & goning Board. This request was submitted' to the Plann~n~ viewed b7 the Technical Review Board wi~h' D±rector and re- to the City Manager. The City Manager pre recommendation ~ared a memorandum to the Planning & zoning Board dated Ma~ ~ i 1985, and he read the basis fOr the denial recommendation fl )m Page 2 of this memo. Mr. Dan Colachicco showed proposed rend~rJ ~s for Pineland Plaza. He stated in reference to the lan( ~caping, that pro- blem has been resolved to everyone's satisfaction. They recognize the fact that the members of the_Downtown Review Board have now been appointed and would like to amend their request to request the variance be approved subject to any and all comments of the new Downtown Review Board. They are asking .for this conditional approval, so they can submit to new construction 2y Redevelopment proximately 8,000 fly adoPted CBD ~ay. This request ~rom of Florida, I~c. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21 , 1985 plans to be processed through the Building Department, which will take at least six weeks. Concurrently, they can go through the process with the Downtown Review Board. They will agree to all staff comments and to al/ requirements of the Downtown Review Board. Mr. Cheney stated when'.this variance was first approved, there was great concern that we were going to see at this prime location a one story building.' He thOught it was too bad they were not intensifying the land with a four story office building, but the plans were for a shopping center with some character. Probably, two stories is a pluS to create intensity in the downtown area. However, his con- cern was they would nOt have to go through the other parts of the review process, but now they are willing to go to the Downtown Review Board and will agree with their requirements. With this commitment on their part, he thinks we can arrive at what we want. Mayor Cassandra clarified that the City Manager is recommend- ing to the City Council to approve this request to go ahead with submitting building plans and they will follow the procedure required ~by the new CBD ordinance. Councilman Warnke so moved, seconded by Vice Mayor Ferrell. No discus- sion. Motion carried 5-0. Consider review of proposed amendment to Zoning Regula- tions to allow automobile rental as a conditional use in the C-3 Community Commercial Zoning DiStrict. Mr. Annunziato gave the background of this request and advised the recommendation was automobile rental could be allowed as a conditional use in the C-3 zoning district, without ad- versely impacting other C-3 uses, with adoption of the follow- ing language: "Rental of new ~passenger automobiles (as a conditional use), limited to 10 vehicles, and limited to an accessory use to a lawful principal use.. Rental shall not be construed to include any leasing or sale of vehicles." Mr. Cheney questioned the definition of "new vehicle" and Mr. Annunziato suggested "current year model". Vice Mayor Ferrell referred to the limitation of ten vehicles and Mr. Annunziato clarified this would mean no more than ten would be parked on the lot at one time and the conditional use issue would address where the cars would be parked. Vice Mayor Ferrell asked if limiting to accessory use meant that Hertz could have cars parked as an accessory to their office in West Palm Beach and Mr. Annunziato replied nega- tively. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Mayor Cassandra stated this is the first travel agent he has seen using rental cars as an accessory use. He explained how normally the travel agents arrange for cars at the airport of your destination. He is not in favor of this for travel agents. Mayor Cassandra referred to having discussed conditional uses and stated we should correct our codes before adding more con- ditional uses. Mayor Cassandra then referred to not addressing the return of vehicles and stated these usually come back after hours and will be parked any place. He is not in favor of changing the use of C-3 to rental cars in this particular area at the present moment. He does not believe this is a necessary accessory use for ~a travel agent. Mr. Annunziato responded that they did not research whether this was an accessory use for a travel agency, but considered the definition for conditional use. If a request was sub- mitted, 'they would probably call 50 travel agencies and check usage. Mayor CaSsandra suggested that possibly this should be checked out before making .the zoning change. After further discussion, Councilman Hester made a motion to instruct the attorney to prepare an ordinance to allow auto- mobile rental as a conditional use in the C~3 Community Com- mercial Zoning District, seconded by Councilman Warnke. Under discussion, Councilman Zimme~man added that through this ordinance process, we will have time to do more research. Motion carried 4-1 with Mayor Cassandra dissenting. Consider request fOr a determination of consistency with the adopted Comprehensive Plan for the proposed Planned Commercial Distric_~t_Regulations. Mr. Annunziato outlined the background in the preparation of these PCD regulations and advised the Planning & Zoning Board recommended unanimously to approve these regulations. The one issue receiving the most discussion concerned the minimum acreage for the PCD zone and the agreement Has reached to require five contiguous acres. Taken into consideration was what we would control and regulate and this gives the City Council and Planning & Zoning Board great latitude to review plans and impose conditions. He explained how there are also benefits to the applicant. Also, we did have this set of reg- ulations~reviewed by private and public sector planners and incorporated their comments. He read pages 10 and 11 and explained the consideration of substantial change. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 In reference to substantial change, Councilman Warnke stated he didn't have any problem w~th the Planning & Zoning Board approving if less than 10%, but questions if it should be subject to ratification by the City Council. Mayor Cassandra added that his concern is the thin line of policy making ver- sus a variance type request; policy making is the function of this Council. Mr. Annunz~ato stated the zoning decision is the policy decision. Thi~ is a deviation and~the sugges- tion is maybe 10% is that line. Vice Mayor Ferrell responded that 10% sounds fine, but the question is where it goes from that point. Councilman Warnke suggested if the Planning & Zoning Board determines less than 10% of measurable impact in their opinion, then it could be ratified by the City Coun- cil under.the Consent Agenda+ Mayor CaSsandra questioned ow 10~ would be'defined and Mr. Annunzlato explained how it was in terms of measurable impacts 'After further com- e, ts, it was agreed if the impact considering water, sewer ~nd traffic is under 10%, itlcould come to the City Council ~or ratification under the Consent Agenda. Councilman Warnke referred to.the time limit being 18 months on page 9 and suggested that it be 12 months'to b~ consistent with other sections of the code. Mr. Cheney explained that this is different with having more specifics and he doesn't think 18 months is too long.. Mr. Annunziato added that 18 months is the same figure inlthe other two planned districts. After further discussion abo~ 10% impact, Mr. Annunziato ad of discussion of the acreage Councilman Warnke stated he Mr. Cheney added there are a around and this review gives tion is the number of applic~ to review. He suggests three t considerations given to the vis, there was a great amount by the Planning & Zoning Board. s comfortable with five acres, lot of small tracts of land greater controt,'but the ques- tions the Council would have acres to give greater control, Which is needed in commercial development. Councilman Hester agreed three acres would be preferable. Councilman Warnke agreed to go along with three acres and Mayor Cassandra as- certained three acres was the consensus. Mr. Annunziato suggested not requiring a separate conditional use public hearing, but to do it with the master planning hearing. Mayor Cassandra suggested that it be rewritten and resub- mitted to the City ~Council. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21-, 1985 LEGAL Ordinances - 2nd Reading - Public Hearing PropOsed Ordinance No. 85-3 Moratorium within the DoWnt Mr. Doney read proposed Ordinan AN ORDINANCE OF THE CITY CO BEACH, FLORIDA, TERMINATING THE ISSUANCE OF BUILDING PE ALTERATION OF BUILDINGS AND TOWN BUSINESS DISTRICT .OF Ti FLORIDA; PROVIDING A CONFLI~ CLAUSE, AND AN EFFECTIVE DX Mayor Cassandra asked if anyone opposition to this proposed ord. Councilman Warnke moved to appr on second and final reading, sec Under discussion, Mayor Cassandl effect immediately and Mr. Chen~ Boroni took a roll call vote on Councilman Hester Councilman Warnke Councilman Zimmem Mayor Cassandra Vice Mayor Ferrel] Motion carried.5-0. Ordinances - 1st Reading NONE Resolutions NONE Other Consider Sale of Ppgperty t( Mr. Cheney informed the Council land we probably will never use. whether the Council wants to con Ridge, so they can expand their - 19 7 -Re: Terminating Building )wn Business DJ'strict :e No. 85-37 by title: ~CIL OF THE CITY.OF BOYNTON THE TEMPORARY MORATORIUM. ON ~4ITS FOR THE CONSTRUCTION OR STRUCTURES WITHIN THE DOWN- tE CITY OF BOYNTON BEACH, ITS CLAUSE, A SEVERABILITY ~E; AND FOR OTHER PURPOSES. wished to speak in favor or in .nance and received no response. ~ve proposed Ordinance No. 85-37 :onded by Councilman Zimmerman. · a asked if this goes into ly replied affirmatively. Mrs. the motion as follows: - Aye - Aye lan ~~ Aye - Aye - Aye Town of Ocean Ridg~ this is obviOusly a piece of The policy question is sider selling it to Ocean building. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 2'1, 1985 After discussing possible use, value, etc., Mr. Cheney sug- gested thinking about it for awhile. Vice Mayor Ferrell made a motion to postpone this one month until June 18, seconded by Councilman Hester. Motion carried 5-0. Consider approval of agreement for Water Service Outside the City Limits - Wilmer Bauer Mr. Cheney informed the Council this request is for one lot on Hypoluxo Road where the water line goes in front of it and it is within our utility service area. They will pay all ex- penses to hook into the line. Councilman Zimmerman referred to this being west of Lawrence Road and questioned why the annexation clause was included in the agreement and Mr. Cheney replied that supports the consis- tency of the agreement. Councilman Zimmerman referred to this disturbing people living west of Lawrence Road and Mr. Cheney replied that he is aware of that, but explained how there was very little probability of this ever being annexed. He thinks if we want to be consistent in trying to square out the boun- dary, we should continue the policy of the condition for water is to annex when contiguous if we will take them. Mayor Cassandra referred-to the possibility of this five acres being developed for more than one house and'Councilman Warnke replied that a larger line would be required and it would have to come before us again if the amount of'wa~er had to be in- creased. Mr. Cheney added if they are i~volved with rezoning in the county, a letter will be required from~the city stating whether there is adequate water supply. Councilman Warnke pointed out this is just one house and they don't have any water to drink. Councilman Warnke moved to approve this water service agree- ment with Mr. Wilmer Bauer', seconded by Councilman Zimmerman. Motion carried 5-0. Consider approval of Royalty Agreement~- Data Processing/ Police Department/PIDAS Program ~ Mr. Cheney read his memo dated May 21, 1985, giving a full explanation. He thinks this is a good deal and recommends doing it. Councilman Warnke asked if the proceeds go to the Police Dept. and Mr. Cheney informed him. they are put into a separate fund and some improvements to Data Processing have been made. Mayor Cassandra questioned why the maximum total was $50,000 and not just continue with 15% and Mr. Cheney replied that is where the negOtiations ended and we will get all changes they put in. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Councilman Warnke moved to approve this Royalty Agreement with H.T.E., Inc., seconded by Councilman Hester. Under discussion, Mayor Cassandra asked if there would be any legal problems and Mr. Doney replied that he agrees with the agreement, but won- ders if the language in "Transfer of System" covers the city getting any changes to the system. Possibly "additional changes and improvements provided to the city at no cost" should be added. Councilman Warnke agreed to add this to his motion. Mr. Doney continued that he has a couple other comments. Under No. 2, there is reference ~to marketing the system to other governmental or law enforcement agencies and he would suggest that this say to anyone. Under No. 5, he had a question of this possiblY conflicting with the public records law and suggests adding a proviso. Under No. 9, they suggest if there is any litigation, it should take place in Orange County, whiCh is not in the city's best intereSt. Mayor Cassandra clarified that the motion has been amended to include the legal recommended changes by the City Attorney to be addressed with H.T.E. and agreement to such. This is subject to the City Attorney approving the legal terminology. Motion carried 5-0. Authorize land acquisition for expansion of Wastewater Treatment Plant Mr. Cheney informed the Council that Resolution No. 85-DD authorizes the city to employ the services of James Vance to carry out eminent domain proceedings with Delray Beach. This is in agreemen~ with what was discussed at the last meeting of the South Central Regional Wastewater Treatment & Disposal. Board. This does not in any way eliminate the oppor- tunity for Mr. Federspiel to continue to negotiate land ac- quisition with Shell Oil Company. Mayor Cassandra clarified this is three acres at the south end entranceway and Mr. Cheney added it is the frontage from the canal south for three acres. ' Vice Mayor Ferrell moved to approve Resolution No. 85-DD, seconded by Councilman Warnke. Motion carried 5-0. Authorization to acquire by means necessary well sites and connecting transmission ea'sements Mr. Cheney submitted a copy of the Agreement with Russell & Axon and explained it would authorize them to do the research, title and survey work in reference to acquisition of well sites. Mr. Vance reviewed it and supports it. He worked with Mr. Cessna and Mr. Swan to develop the information needed. He recommends the Council authorizing this. - 21 - MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA MAY 2t, 1985 Mayor Cassandra referred to the fee being estimated at $20,000 and Mr. Cheney clarified it is estimated at a maximum of $20,000 based on actual manhours involved. Mr. Joe Swan added that they have contacted a survey company which has done a lot of work in that vicinity and their figure is $7,000. Councilman Warnke questioned the funding and Mr. Cheney informed him it will come from the reserve from income for capital facilities charges (utility fund balance). After further discussion, Councilman Hester moved to approve, seconded by Vice Mayor Ferrell. Motion carried 5-0. Removal of One Alternate from Community Appearance Board Mayor Cassandra stated this is the only board having three alternates and he thinks it should be consistent and have two alternates. Councilman Zimmerman commented that the Community Appearance Board had a problem getting a quorum last night and Vice Mayor Ferrell suggested changing the other boards to three alternates. Mayor Cassandra suggested that it be con- sidered as it requires an ordinance change and the code book has both. CoUncilman Warnke suggested checking to see how the ~ommunity Appearance Board 'feels. Mayor Cassandra stated he would like to direct the City Mana~er to request that Kevin Hallahan be on the Community Appearance Board as a consultant instead of Bob Donovan. Mr. Cheney informed him that Kevin Hallahan has attended the meetings many times, but has found his attendance uncomfort- able. Councilman Zimmerman moved to table this, seconded by Vice Mayor Ferrell. Motion carried 5-0. OLD BUSINESS NONE NEW BUSINESS Discuss Possibility of Fulltime City Attorney Mayor Cassandra referred to the way the city has grown and stated he thinks a concerted effort should be made on re- searching the need for a fulltime City Attorney. The cost factor should be considered. The pros and cons should be presented to the~Council for consideration. He would like approval from the City Council for the City Manager to re- search the cost factor and other pros and cons that he sees fit. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 Councilman Warnke responded that this has come up several times. Right now, we do not have the space for a fulltime City Attorney. The cost of setting up is considerable. Delray Beach is paying $200,000 per year for fulltime legal and we are paying $90,000. He does not think it is needed at the present 'time. After the new city hall is built, he feels it would be more appropriate. Mayor Cassandra stated an interim area could ~be used, such as the City Council area which has minimum use now. He enumerated the approximate costs for a law library, secre- tary, etc. and stated he feels the cost could be $50,000 plus benefits. He thinks it should be given research. Vice Mayor Ferrelt agreed we could look into it, but he does not favor doing it. He thinks the quality you get with hav- ing fulltime on staff is just what you pay for. Also, an assistant would be needed. Costwise, he has not seen one city come out cheaper. Councilman Zimmerman agreed. Mayor Cassandra suggested having the research done and then expressing opinions. Councilman Warnke replied that he would be in favor of havin9 the facts before making a decision. Vice Mayor Ferrell Said if it doesn'~t cost anything, he would be for it and Mr. Cheney advised that the manhour cost would be involved. Mayor Cassandra ascertained the majority of consensus is to proceed with research to give us more infor- mation and requested the City Manager to submit a report in 1% months. Request for Rope on Beach Mayor Cassandra stated a petition was mailed.to him requesting a rope at the south end of the beach. He thinks there should be an investigation made and an answer given. Mr. Cheney informed him this has been researched over and over ~ain with the last research being done in October 1984. It was decided there should not be any ropes. Mr. Charles Frederick added that a rope has been installed in the north central section where most of the guards are. He would not recommend a rope at the far south end. Mr. Cheney stated that a response will be sent with copies of the research material. .Request for Median on Seacrest Boulevard Mayor Cassandra stated he has received a request from Village Royale on the Green in reference to a median strip on North Seacrest Boulevard. Mr. Cheney stated this is another request which has been researched over and over again. On August 21, 1984, in response to a request under Public Audience, it was - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 21, 1985 pointed out the original recommendation pursued by COuncilman Joe deLong was for a median. The staff did a study and recom- mended a median. There were several meetings and discussions and it was concluded there c'ould not be a median because it was not feasible. He explained how the necessary width could not be obtained in the existing right-of-way, plus with the number of driveways along North Seacrest Boulevard, u-turns would create hazards. It does not meet any current standards for road design. With great reluctance, we had to agree with the county staff. It was also decided to put the sidewalk at the edge of the curb in order to avoid having unmaintained grass strips. We are in sympathy with the idea of having a median and tried, but it cannot work. Mr. Morton Goldstein stated the petition.presented represents 880 unit owners in Village Royale on the Green.- They are just asking the city to develop a resolution to send to the county again. Councilman Zimmerman replied that he thinks a median would look nice, but we had trouble getting what we got and explained how it would not be to our advantage to request a change now, Councilman Warnke agreed with the hazards being created by u-turns and stated we had to fight to get the road constructed on the 2000 year plan. Mayor Cassandra ascertained it was the consensus of the majority to be to just get the road built now. ADMINISTRATIVE Consider replacement to fill alternate position on Community .Appearance Board - Mayor Nick Cassandra (Tabled) Mayor Cassandra requested this to be left on the table. Consider replacement to fill alternate position on Civil Service Board - Councilman Carl Zimmerman (Ta~led) Councilman Zimmerman made a motion to remove from the table, seconded by Councilman Hester. Motion carried 5-0. Councilman Zimmerman moved to appoint Mr. Campbell W. Fell, 370 Horizons East, Apt. 108, as an alternate on the Civil Service Board, seconded by Vice Mayor Ferrell. Motion carried 5-0. Appoint Community Redevelopment Agency Chairman and Vice Chairman (Tabled)~ Vice Mayor Ferrell made a motion to take off the table, seconded by Councilman Hester. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~.~AY 21, 1985 Vice Mayor Ferrell made a motion to appoint the present Chair- man and Vice Chairman for one year, seconded by Councilman Hester. Motion carried 5-0. Review matter of number o'f members for C.R.A~ Board Mayor Cassandra referred to the City Manager covering this matter fully in his memo of May 21, 1985, and suggested think- ing about the implementation of severn members with the work coming up. Agreement was expressed from the Council members and Mayor Cassandra requested the City Attorney to prepare the proper legal document for the next agenda to increase the membership from five to seven members. Consider replacement to fill Myra Jones' position on the Housing Authority - t·erm expires June, 1985. Mayor Cassandra asked if this is necessary since the board is in a stagnant state and Councilman Zimmerman replied that we do want to keep a quorum. Mr. Cheney advised he will give a report at the next meeting of how many members this board con- sists of. Councilman Warnke requested~that a letter of thanks be sent to Myra Jones. Consider appointment of auditor Mayor Cassandra stated the City Manager through Mr. Grady Swann recommended continuing the use of our present auditors. Vice Mayor Ferrell made a motiOn to re-appoint the auditors, seconded by Councilman Warnke. Motion carried 5-0. Consider projects 'for 1~85 Street Res~rfacing Program Mr. Cheney advised this is put on each-year-for the Council's consideration so suggestions can be given on streets which may have been missed. For the next discussion, a list will show all the streets which have been done in the last seven to eight years. He requests that the current list submitted be reviewed withlpriorities set for the next meeting. Councilman Hester advised that N. W. 3rd Street from 10th Avenue south is in pretty bad condition. Consider replacement to fill alternate position on Com- munity Appearance Board~ Vice Mayo~ Ferrell (Tabled) Vice Mayor Ferrell.made a motion to take off the table, seconded by Councilman Warnke. Motion carried 5-0. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 2!, 1985 Vice Mayor Ferrell moved to appoint Mr. Barney Pitkin, 230 N. E. 26th Avenue. The motion was seconded and carried 5-0. Discussion of the Comi~g Hearing on Train SPeeds Councilman Warnke reJ giving a proposal to stated he would like with a letter from t~ a meeting. Also, he to discuss the Counc~ Cheney replied that !erred to the Department of Transportation have a public hearing if requested and the Council to go on record requesting it .e Mayor saying we would like to have such would like it placed on the next agenda l's position before the meeting. Mr. .e would write the letter. OTHER NONE ADJOURNMENT Mayor Cassandra adjourned the meeting at 11:20 P. M.. CITY OF BOYNTON BEACH, FLORIDA //~ i Vice May~r ATTE ST: - ~ ' City Clerk · cording Secretary (Four Tapes) C~6n~ilman - 26 - AGENDA CONSENT AGENDA - ADMINISTRATIVE e e e May 21, 1985  llied Universal Corporation hl~rine for Water T~eatment Pay from Water & Sewer Rev .......... 401-332-533-30-63 1,302.90 Boynton Beach Child Care Payment %2 - Approved by CRB 2/85 Pay from Federal Revenue Sharing .... 320-641-564-40-5A 5,124.25 Central Audio Visual Inc. Slide Projector-Movie Projector & Audio Cassette Recorder Pay from Federal Revenue Sharing .... 320-221-522-60-46 1,556.06 Dept. of Health & Rehabilitative Service~ Renewal of laboratory certification Pay from Water & Sewer Rev .......... 401-332-533-30-9D 1,000.00 .Ewing Industries 200 Traffic Cones & 6 Mesh Tarps Pay from General Fund ........ Pay from General Fund ...... Pay from General Fund ...... Pay from Water & Sewer Revenue Pay from Sanitation Fund '001-211-521-30-99 001-221-522-30-99 001-411-541-30-4A 401-333-533-30-9E 431-341-534-40-33 151.60 151.60 303.20 156.60 396.68 1,154.68 Horses and the Handicapped Miller Beer B.B. Softball Torney-Share of Proceeds Pay from General Fund .......... 001-000-247-02-00 2,118.30 HosDice by-the-Sea Paint - Approved by Community Relations Board 2/85 Pay from Federal Revenue Sharing .... 320-641-564-40-5A 1,000.00 Peter Hurtgen, Atty. (Morgan, Lewis & Bockius) 7,424.61 Legal services during month of February 1985-General Labor Matters Pay from General Fund ....... 001-141-514-40-6L IBM Corporation Copier III Model 60 from 5-1- thru 5-31-85 - Monthly charges Pay from various departments in General Fund, Water & Sewer Revenue and Golf Course. 2,639.06 COUNCIL APPROVF_D: M eeting:,,3'"-c, ./- 11. 12. 13. 14. 15. 16. 17. 18. -2- Lamar Uniforms Uniforms for Central Office Supplies Pay from General Fund ...... 001-000-141-03-00 $ 2,287.60 Norvel! Tent Manufacturing CO. 3,751.00 1 Iron-Lite Portable Chapel & Pulling Device Pay from Federal Revenue SharinglTs~320_722_572_60_41 351.00 Pay from Federal Revenue Sharing-'--320-722-572-60-42 3,~400.00 Daniel O'Connell, General Contractor Payment %~ Boynton Beach Boat Club Park Project Pay from General Fund ........ 001-000-115-88-00 Partially reimbursable 159,202.00 Don Reid Motors 1 Compact Pick-up truck 4 x 4 Pay from Vehicle Service Agency State Contract No. % 070-00-85-1 8,264.00 Russell & Axon Professional services rendered on various projects. Pay from Utility General Fund 403-000-169-11-00 $1,694.41 403-000-220-74-00 1,339.47 403-000-220-76-00 10,884.30 13,918.18 Shelby Williams Industries, Inc. 2,146.96 ~1 Wo~d-grain finish formica top tables with black post and bases for Golf Course. Pay from Boynton Beach Rec. Facility Revenue Fund 411-000-169-41-00 South County Drug Abuse Payment-Approved by Community Relations Board 2/85 Pay from Federal Revenue Sharing3_~_320_641_564_40_5A 4,500.00 South Central Regional Wastewater Treatment & DisPosal Board 75,693.95 Services rendered in connection with the treatment & disposal of wastewater for the City of Boynton Beach for April 1985 Pay from Water & Sewer Revenuel ..... 401-353-535-40-91 South Central Regional Wastewater T~eatm~nt & Disposal Board 5~ Legal ~xpenses from April 1984 through September 30, 1984 50~ Legal Expenses from October 1 1984 through April 1985 REF: Shell Oil Property Purchase/Condemnation Pay from Utility General Fund ....... 403-000-169-12-00 1, 308.88 COUNCIL A?? OV Meetinl / 22. 23. 24. 25. -3- U,S. Games Inc. $ 1 FOB San Pedro Vaulting Box, Midwest Jr. Vaulting Buck & Flat Mat Truck Pay from Federal Revenue Sharing .... 320-721-572-60-43 1,010.28 Pay from General Fund ....... 001-721-572-30-85 90.22 1,100.50 James W. Vance, P.A_ Legal Services rendered - Pines of Delray N. Condo Assoc. vs SCRWDT Board (Case No. 82-5359 CA (L) 01 I) Pay from Water & Sewer .............. 401-395-539-90-14 3,900.00 Water Resources Corporation 2 4bp Homa Submersible pumps for handling lime sludge Pay from Water & Sewer RevenueT_T~---401-332_533_30_45 2,540.00 Twin Construction 13,000.00 Boynton Beach Oceanfront Park Project - Payment Appl.610 Pay from Rec. & Mun. Beach Improvement Fund--303-000-169-33-00 ~chor Awning Co. 3,476.00 Metal Frame & Vinyl Canvas Awning Pay from General Fund~_~ 001-721-572-60-71 276.00 Pay from General Fund ........ 001'000-247-02-00 1,000.00 Pay from Federal Revenue Sharing .... 320-721-572-60-29 2,200.00 Charlie Andrews Driver for Senior Citizens Club-3 weeks Pay from Federal Revenue Sharing .... 320-641-564-40-5A Per Ordinance 673-15, passed 5/15/73 210.60 Willie Ruth Mc Grady Server for Senior Citizens Club-3 weeks Pay from Federal Revenue Sharing .... 320-641-564-40-5A Per Odrinance 673-15, passed 5/15/73 201.60 The bills described have been approved and verified by the department heads involved; che~ek~ed and approved for payment by the Finance Department Grady W~wann, Finance Director I therefore recommend payment of these bi~. ~ti~~ Peter L. Cheney, City Manager RUSSELL & AXON Established in 1920 Engineers · Planners. Architects Incorporated May 8, 1985 Mr. Peter L. Cheney City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Summary of Russell & Axon Invoices for Professional Services for City Council approval. For PL 92-500 Grant Application and Supporting Studies Invoice No. 92, 00614-K Authorization dated May 9v 1972 For. Water Main Extension - Old 'Boynton Road Invoice No. 15, 00641-K. Authorization dated January 20, 1983 For Water & Sewer Services -Windward Invoice No. 4, 01584-E Authorization dated October 4, 1984 For Water & Sewer Services - Windward Invoice No. 5, 0t584~M Authorization dated Octoer 4, 1984 $ 1,694.41 $ 1,339.47 $ 7,825.00 $ 3,059.30 Total $13,918.18 kof Attachments cc: Perry A~ Cessna (w/attch) Betty Zobel - Finance Milt HalLman (w/attch) Invoice Correspondence COUNCIL APPROVED: EAST ATLANTIC AVENUE · SUITE 414 W · DELRAY BEACH, FLORIDA 33444 RUSSELL AXON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 D~?E May. 8, 1985 INVOICE N6. 92 .- PROJECT NO. 00614-K 110 EAST ,'.'~TI~ANTIC AVE. · SUITE 414 WEST ,, DELl:lAY BEACH, FLORIDA. 33444 o 305/278-2615 For professional services rendered in connection with PL 92-500 Grant Application and Supporting Studies - All in accordance with agre6ment dated June 10, 1968, and Authorization dated May 9, 1972. Enumerate and prepare final figures for Reimburs~ent Request and closeout of Grant, in accordance with DER request. Attend meetings with DER and conduct inspection tour of EPA funded Projects for Corps of Engineers, DER, and EPA representatives. Labor Cost - Mar.. 30-Apr. 26, 1985: 28.0 Manhours Multiplier Mileage: 45 miles @ $0.205/mile Travel & Subsistence $ 663.89 2.5 $1,659.73 9.23 25.45 AMOUNT DUE THIS INVOICE $1,694 RUSSELL AXON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach., FL 33435 DATE May 8, 1985. INVOICE NQ. 15 PROjEcT NO. 00641-K ' 110 EAST ATLANTIC AVE. · SUITE 414 WEST · DELRAY BEACH, FLORIDA . 33444 · 305/278-2615 For professional services rendered in connection With Water Main F~tension - Old Boynton Road, in accordance with Agre~nent dated June 10, 1968, and Authorization dated January 20, 1983. Review and analysis of Bids received by the County on March 26th. Conference calls to Prime and Sub-Contractors. Prepare letter of recommendation' to City Manager. Contacts with PB Co. Engineers re. review and award. Coordinate with City Director of Ut il it les. Labor Cost - Far. 30-Apr. 26, 1985: 25.0 Manhours $ 517.34 Multiplier 2.5 Reproduction expense Postage & Express- $1,293.35 12.12 34.00 AMOUNT DUETHIS INVOICE to funds on deposit with City. $1,339 RUSSELL ~. AXON~ City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 110 EAST ATLANTIC AVE. · SUITE 414 WEST, DELI:lAY BEACH, FLORID,I~ ·33444 · 305/278-26'15 For profession~] services rendered in connection with Water & Se~r _Services- Windward S/D in accordance with Authorization dated October 4, 1984. Estimated Construction Cost: $390,620.00 Estimated. Design Fee: $15,650.00 Work Completed through April 26, 1985: $15,650.00 x 90% = Less amount previously invoiced 90% $I4,085.00 6,260.00 AMOUNT DUE THIS INVOICE Note: 100% chargeable to funds on deposit with City. COUNCIL APPROVED: Meeting:~ - $7,825 RUSSELL & AXON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 I~,~TE May 8, 198'5_ INVOICE NO, 5 ~ROJEC? NO. 01584-M 110 EAST.ATLANTIC AVE. · SUITE 414 WEST ,, DELRAY BEACH, FLORIDA · 33444 · 305/27S-2615 For professional services rendered in connection with Easements and Penmits for Water & Sewer Services - Windward S/D 'in accordance with Authorization dated October 4, 1984. Research ownership of various parcels on route for selection of most likely. Site visits to view same. Provide legal descriptions of properties involved. Prepare Health Dept. applications. Contact Gas Ccmpany& P.B. Co. Engrs. re. routes & R/W. Labor Cos. t - Mar. 30-Apr. 26, 1985: 53.0 Manhours $1,205.58 Multiplier 2.5 Mileage: . 161 miles @' $0.205/mile Reproduction expense $3,013.95 33.01 12.34 AMOUNTDUETHIS INVOICE $3,059 Note: 100% d~r~s~ - ~ · - ..~ ~ on deposit with city.~ O0UNO~L A~