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Minutes 03-06-84MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MARCH 6, 1984 PRESENT James R. Warnke, Mayor Carl Zimmermanf Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation this evening will be given by Rev. Ken Ferguson, Pastor, Ascension Lutheran Church, followed by the Pledge of Allegiance to the Flag. After the invocation, Rev. Ferguson expressed appreciation to the workers and representatives of the city and announced their new church building is now completed. He then distri- buted brochures to the city officials. AGENDA APPROVAL Mayor Warnke requested items A-1 and E to be deleted from the Consent Agenda for consideration after the consent agenda. Councilman deLong referred to the request for a certificate of appreciation under New Business and stated he would also like to include the name of that eagle scout, who has done an outstanding job for the city. Mr. deLong then referred to receiving a communication from the M.F.O.A. Recognition Achievement Program where they have recognized our'Finance Director and he would like this read in its entirety under announcements. Mr. Cheney stated he wQuld like to add under Bids a bid just received for trap sand at the golf course. Also, under Announcements, he would like three certificates distributed to employees who have completed supervisory courses at Palm Beach Junior College. Councilman deLong moved the adoption with the additions and deletions, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced a General Election will be held on March 13, a week from today, for not only democratic nomina- tions to the national convention, etc., but also a local election for representatives from Districts II,nd IV plus referendum questions and a straw ballot question. He urged everybody to vote on March 13. *Correction - see minutes of 3/20/84 - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 The Mayor read a Proclamation proclaiming the week of March 4, 1984, as Women's History Week. Mayor Warnke read a Proclamation proclaiming March 9 through March 11, 1984, as Delta Weekend. Mayor Warnke announced the Leisureville V.F.W. Post 10150 is sponsoring a veterans information forum at the Boynton Beach Civic Center on Saturday, March 10, 1984, from 9:00 A. M. to 12:00 noon. Congressman Dan Mica, Chairman of the Veterans Affairs Committee, Washington, D. C. and representatives of the Veterans' Administration will be present. He urged veterans and veterans' wives to attend to obtain information and have questions answered. Mayor Warnke announced that we recently received the annual fiscal report of the City of Boynton Beach prepared by the Finance Department under the direction of Mr. Grady Swann. He commended Mr. Swann on the efforts put forth. He then read a letter from the Municipal Finance Officers Association Professional Achievement Recognition Program. Mayor Warnke referred to the Department of Transportation holding a meeting this afternoon regarding the location of the bridge over the Intracoastal and advised that many pros and cons were presented. No decision was made this after- noon. D.O.T. indicated they would have a decision in about ten days. The Mayor complimented the Chamber of Commerce, Parks and Recreation Department and especially Eleanor Wollenweber on the wonderful job they did at the G.A.L.A. this past weekend. Mayor Warnke presented three certificates to employees who attended a course an supervisory practices at Palm Beach Junior College. MINUTES Regular City Council Meeting Minutes of February 21, 1984 Mr. Cassandra referred to page 7, Approval of Bills, middle of page, and advised where it says Mr. Cassandra referred to Mr. Sullivan's memo, it should be Mr. deLong. Mr. deLong moved adoption of the minutes with this correc- tion, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 CITY MANAGER'S REPORT Mr. Cheney referred to this being the third year for the G.A.L.A. and stated the people didn't just do a good job, but showed expertise in a quality effort with being well organized. He then commended the various departments and people involved. Mr. Cheney announced that today we received word that the Governor's committee approved the $212,000 grant from the state for the boat ramp park. This is a high percentage of what we applied for. We will take this money and combine it with additional money and put together the project discussed. The next step is to select a consultant to do the final design work and he explained to meet various stan- dards. Mr. Cheney reported the annual auction raised $2,798 last week. PUBLIC AUDIENCE Mayor Warnke recognized the presence of Ms. Janet Olin in the audience, representing Representative Frank Messersmith. Mayor Warnke announced that anyone wishing to speak on any item not on the agenda may come forward at this time. He added if there is an item on the agenda someone wishes to speak on, they may give their name to the City Clerk to be called upon at that time. Chanteclair Villas Sign Mrs. Dorothy Cox, Board of Directors for Chanteclair Villas, told about having a sign installed on Charter Drive last November. In February, they received communications from Mr. Bert Keehr and Mrs. Dorothy Moore advising they are in violation with not having obtained a permit, not submitting a site plan, etc. She explained how they had entered a contract with Rainbow Signs and thought this had all been taken care of. They request some relief from this problem. They also understand there is a $200 fee to be paid, which they knew nothing about, and request the Council to consider waiving the fee and allowing the sign to stay. Mayor Warnke replied at the present time, he would like to defer this to the City Attorney. He feels this is a civil matter between Chanteclair Villas and the sign company. He does not believe this is within the Council's realm. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman deLong referred to the sign company having com- mitted a violation of the city ordinances and stated he understands the Building Department has notified the company about this. Mr. deLong moved that the fee be waived and absolve these people, seconded by Mr. Cassandra. Under discussion, Mr. deLong added that it is an attractive sign and the Building Department is satisfied with the installation. Mayor Warnke requested an opinion from the City Attorney on this action and Mr. Vance replied that he has a total lack of factual information on this. Mr. deLong stated it would appear the city Council has jurisdiction on a case like this. Mayor Warnke asked if the City Manager cared to comment and Mr. Cheney advised there are two issues to be considered, one is the fee and the other is the provisions of the ordi- nance. The ordinance was amended to include special signs of this kind in public rights-of-way, but they should be approved by the City Council after a recommendation from the Planning & Zoning Board, Technical Review Board and Community Appearance Board. After that, the applicant would enter a license agreement stating the terms and condition of the sign. None of this has happened. Mr. deLong referred to the sign being erected and inspected by the Building Department and being found to be satisfac- tory and Mr. Cheney explained that the board approval pro- cess had not taken place. He added that several weeks ago, a request was made to waive a permit fee and this could not be done. Mr. Vance advised because we have specific ordinance requirements which must be met, he thinks those should be processed even if after the fact. If there is a reasonable possibility of obtaining the fee from Rainbow Signs, it should be pursued. If the fee is waived, it would be waived for everybody and we would be unable to get it from Rainbow Signs. He thinks this should be delayed until a deter- mination is made under the ordinance, even though after the fact. The opportunity should be left open to get the fee out of Rainbow Signs. Councilman Cassandra then withdrew his second and Councilman deLong withdreW the motion. Mrs. Cox informed the Council that the Building Department sent a letter to Rainbow Signs asking them to take the sign down. Mr. Cassandra requested the City Manager to notify - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, '1984 the Building Department to withhold judication on this. Cheney replied that we will not take the sign down. Mr. Councilman Cassandra recommended to Chanteclair Villas to go through the regular board procedure, so there is no problem next month. If this process creates a problem, then it would be appropriate to come to the Council and request relief. Mr. deLong referred to a fee being required to go through this procedure and Mr. Cheney suggested the fee be obtained from Rainbow Signs. Mr. deLong suggested that the fee be delayed. Vice Mayor Zimmerman asked if Rainbow Signs had been paid and Mrs. Cox replied they had paid the bill in full. Councilman deLong made a motion for this to proceed through the regular channels without payment of the fee at the pre- sent time, but with the fee being delayed. Councilman Cassandra seconded the motion. Under discussion, Mayor Warnke clarified that we are saying we will try to get the fee from the sign company and if not, Chanteclair Villas may be liable. Motion carried 5-0. At this time, Mr. deLong moved to suspend the regular order of business and move to the Public Hearing. Mr. Wright seconded and the motion carried 5-0. PUBLIC HEARING Special Assessment Hearing for S.E. 3rd Street North of S.E. 21st Avenue Mayor Warnke announced that he will pass the gavel to Vice Mayor Zimmerman and will abstain from any discussion or voting on this question because it involves money and his daughter's mother-in-law. Mr. Cheney stated in September, this issue came up relative to a project being planned by Mr. John Pagliarulo. The Council discussed the problem of access and suggested having this road built by a special assessment project. This public hearing gives the property owners,where a special assessment is proposed, the opportunity to come in and speak on this matter. Mrs. Lillian Mayhew told about the conditions with living there for 35 years and stated now, this man wants to construct apartments and she and Mrs. Enish are supposed to finance this road. This road will not benefit her. She - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 referred to there being no need for this road and pointed out on a map how the present access was sufficient. She stressed that she will not benefit from this road. She feels it is unjust to be assessed for this. Councilman deLong referred to this being recommended by the staff and Mr. Cheney agreed this was correct and explained that Mr. Pagliarulo agreed to build S. E. 20th Court and it was pointed out that public access was needed for emergency vehicles through a loop on public streets. It was agreed at that time to build this street by special assessment. Mr. deLong asked who made the recommendation and Mr. Cheney replied that it developed through the Technical Review Board process and recommended by the Planning & Zoning Board. Mrs. Mayhew asked why Mr. Pagliarulo didn't go ahead with the balance since he will benefit. Mr. Cassandra informed her that when Mr. Pagliarulo applied with plans to build Sunny Oaks Apartments, he was told by the city there was a dedicated road running alongside the property and it was felt for proper fire and police service that road should be built. The applicant argued he did not want the road because his driveway would service Sunny Oaks. Mr. Pagliarulo presented the same argument that it would not benefit his project, but agreed to pay 50% of the cost. Mrs. Mayhew questioned the reason why they could not be ser- viced by the fire and police departments and Mr. Cassandra requested the Director of Planning to respond. Mr. Annunziato stated there were three reasons for the connector road. He explained there was concern for access to the high density property Mr. Pagliarulo planned, construction of 3rd Street was required by the comprehensive plan, and the Technical Review Board recommended constructing the road for good and sufficient access. Mrs. Mayhew continued to object and Mr. Cassandra replied that he understood her problem and clarified that the appli- cant also did not want the road. Mrs. Mayhew stated this road was designated many years ago and given to the city and she believes the city should construct it. If it is to the builder's benefit, then he should build it. It is of no benefit to her or Mrs. Enish. Further, the law says she must have the right to enjoy her land and she cannot use it with the road. Vice Mayor Zimmerman stated he doesn't think the city has the responsibility to build this road, but requested an opi- - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 nion from the City Attorney. Mr. Vance advised the city has the ability to either construct the road depending upon available funds or use the special assessment approach and require the abutting property owners to pay. Councilman Wright questioned the possibility of the deve- loper paying the entire cost and Mr. Vance replied that with the approval of the site plan, the decision was made for him not to assume the entire cost. He added that with respect to benefit, the law states paving the road adjacent to the property increases the value of the property and Mrs. Mayhew responded that it also increases her taxes. Mr. Vance con- tinued that under applicable case law, it is of benefit to the property and it does fall within the special assessment which the city can utilize. Mrs. Mayhew asked if it required approval of 50% of the pro- perty owners and Mr. Vance replied that hetdidn't think so. Mrs. Mayhew stated she feels it is unfair to be assessed for the benefit of the contractor. Mrs. Thelma Enish came before the Council and asked how it would benefit her and Councilman deLong replied that recom- mendations were submitted by the Technical Review Board and the question is whether to uphold their recommendations which we have voted for or listen to the people entering complaints and rescind the previous action. Vice Mayor Zimmerman clarified that a resolution has been passed approving the special assessment in relation to the whole development and that stands unless the Council takes further action. He asked if Mrs. Enish had anything further to add. Mrs. Enish stated she feels the road is being put in because of the condominiums and has nothing to do with Mrs. Mayhew or her. She will never use that road. Mr. John Pagliarulo stated when his site plan was approved, he was against having this road put in. He felt he had pro- vided adequate access. He modified the plan to allow vehi- cular traffic to circulate within the area as well as in any commercial property. This recommendation for the road was made to enhance the traffic flow within the area and not specifically for the eight units. There are roads paved throughout the city that everyone pays for. He has to come up with an excessive amount of money to pay for this. This road was dedicated some thirty years ago which the city felt they did not need and now, they feel they do. If the city has the funds, he would like them to put it in. However, if the city is not participating at all, he will pay his share to take off some of the burden. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Zimmerman questioned what amount he was contributing to this road and Mr. Pagliarulo replied $4,500 plus 20th Court. Mr. Zimmerman stated this was about equal to the joint amount of the other two. Mr. Cassandra clarified that the assessment for Mr. Pagliarulo is $4,500 and the 6ther resi- dents each pay $2,250. Mr. Cheney added this is based on front footage. Mr. Wright asked if possibly Mr. Pagliarulo could come up with the other $4,000 to put this road in and Mr. Pagliarulo replied such a request would put him on a spot. He thinks the city has more revenue than he does with collecting money from all the taxpayers. Mr. Wright asked if he was saying he would pay $4,500 and the city should pay the rest of it and Mr. Pagliarulo replied that he has agreed to contribute his 50% of the costs. Mr. Wright stated the Technical Review Board recommended the road and clarified that Mr. Pagliarulo didn't think it was needed and Mr. Pagliarulo agreed as he felt his site plan was adequate to cover the traffic and he has no use of the road. Mr. Wright asked if what was voted on could be rescinded and the plan could be built without the road and Mr. Vance replied that the Council could do that. Mr. Cheney stated he would like to speak against the prin- ciple of building eight units on private property without access rights for public vehicles. He thinks the issue is how to pay for it and not whether the road should go in. He can see problems when 20th Court is extended to eight units and there is nowhere to go. People will go through the pri- vate parking lot to go out on 21st Avenue. Mrs. Mayhew stated that emergency vehicles have no problem. There is a fire hydrant on her property. There is no need for the road as there is access. Councilman Wright stated after listening to both residents, he is of the opinion they should not be charged for their portion of this street. If Mr. Pagliarulo is willing to pay $4,500, he should, and we should pay the balance. Councilman deLong stated the staff made a recommendation and we must decide whether to move ahead or not. We must decide whether to support the staff or the people. Mr. Zimmerman added that he feels this is a solid recommendation from the staff. Councilman Cassandra referred to the cost being larger with. only two homes abutting the street, but questioned if a pre- - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 cedent would be set with people not being assessed. He does not always agree with the staff, but we do have a comprehen- sive plan which we have tried to honor and there is concern that eventually this street will go to the shopping center. The extension of this road must be considered for the future. He would have to concur with the Technical Review Board for the need of this particular road. He does not feel any private owner should have vehicles coming through their property. Councilman Wright clarified that the Technical Review Board made the recommendation that the road is needed and the problem is having the residents share the cost. The street has not been needed all this time, but is now needed for these eight units, so he feels Mr. Pagliarulo should pay the entire $9,000 cost. After discussion, Mr. Vance suggested a motion should be made to approve the advisability of making improvements, the cost thereof, matter of payment and the amount to be assessed. Mr.~ Cassandra referred to the method of payment being spread over many years and Mr. Vance stated as of right now, they have a choice of payment with paying it within 90 days without interest or in ten semi-annual installments with 8% interest. He added that the number of years or amount of interest could be modified. Mr. Cassandra stated he would like to see not so much of a bur- den put on these two owners and suggested decreasing the yearly amount by half and Mr. Vance agreed this could be done with payments to be made over a ten year period. Mr. Cassandra clarified this would be about $250 per year or approximately $20 per month and suggested it be amended to this. Mr. Cheney stated that an amendment will be prepared to Resolution No. 84-H and presented to the Council to see if they are in agreement. Mr. Cassandra moved to amend to his suggested amount, seconded by Mr. deLong. Vice Mayor Zimmerman clarified it was moved and seconded to amend this resolution and act on it at a later date. Motion carried 3-1 with Mr. Wright dissenting and Mayor Warnke abstaining. Mr. Cassandra moved to revert back to the normal order of business, seconded by Mr. Zimmerman. Motion carried 5-0. CONSENT AGENDA A. Bids - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 2. Vending Machines in City Facilities The Tabulation Committee recommends awarding the bid for snack machines to Lance, Inc. Be Approve extended contract with Emergency Medical Director - Dr. William Jeffrey Davis The City Manager recommended the proposed contract with Dr. Davis be executed for a twelve month period, so that Dr. Davis can continue to serve as the City's Medical Director for the City's Emergency Medical Service Program per his memo dated March 6, 1984. Ce Approve request for transfer of cemetery lots 45A & B, Block R Mr. Warren Fischer requested this transfer of ownership to Eileen A. Hilbert. Dm Approve Change Order No. 1 for picnic tables, park shelter, grills and trash containers - Boynton Beach Oceanfront Park A recommendation was submitted per the City Manager's memo dated March 6, 1984. Fe Approve purchase of radio communications system for beach This was recommended by the City Manager in his memo dated March 6, 1984. Ge Request for Zoning Approval for Alcoholic Beverage License: Zuccarelli Pizza, 141 N. Congress Ave. The Deputy Building Official noted this address permits the sale of beer and wine in conjunction with a duly licensed restaurant. Approve Alsay-Pippin Corporation Change Order ~3 for Raw Water Supply Wells 17 - 22, Part A Mr. Cheney submitted a memo dated March 6, 1984, recom- mending that the city employ Alsay-Pippin to develop this additional well based on a recommendation that this proce- dure be used from Mr. Cessna and Russell & Axon. Approve request for special event sign - Golfview Harbour - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 A letter dated February 29, 1984, was submitted by the Golfview Harbour Homeowners Association making this request. J. Approval of Bills See list attached. Councilman Cassandra moved to accept the Consent Agenda deleting items A-1 and E for discussion purposes. Councilman deLong seconded the motion. Motion carried 5-0. A-1 Bids - Repainting of the Vactor Jet Rodder - Utilities and Repainting of Fire Department Vehicle #1 - Fire Department The Tabulation Committee recommends awarding the bid to Advanced Fabricators in the amount of $1,495 for the vactor and $7,800 for the fire truck. Mayor Warnke stated he removed this from the Consent Agenda because this bid is about $8,000 to paint a Fire Department vehicle. He told about personally inspecting this vehicle and advised his personal feeling is that it only needs new lettering put on the doors. He feels the vehicle is in excellent condition as far as the paint job is concerned. He does not feel he can vote favorably for $8,000 to paint it. Mr. deLong added that he would like to find out what kind of paint they are going to use for $8,000. Mr. Cheney advised this is being recommended mainly to pre- serve the truck and requested Chief Rhoden to comment further. Chief Rhoden informed the Council this truck is a 1971 model. Through the years, it has deteriorated to where there is rust coming through one of the compartments from a leak in the water tank. There is also some body work to be done. The paint is chipped. He felt it should be painted entirely. This bid also covers the mechanical work as well as painting. Mayor Warnke replied the only place he could see any damage was a scrape on the front fender. Mr. Cheney added even if the vehicle looks good, it is outdoors in the sun. This is one of three major pumpers. This is also for preventative maintenance. It could wait until next year or the year after, but it seems like a reasonable time to do a preventative paint job since the truck is twelve years old. Mr. deLong asked if it is special paint and Chief Rhoden replied affirmatively. Mr. deLong asked if it is necessary at this time and Mr. Cheney replied that it is not necessary, but desirable. Mr. Wright commented that this is a large piece of equipment and he does not think they are asking too much money. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman deLong moved to accept the recommendation and go ahead and have this truck put into first class order, seconded by Councilman Cassandra. Under discussion, Councilman Wright asked if this was budgeted and Mr. Cheney replied there is a special account for this. Mayor Warnke stated in the budget vehicle reserve account, it looked like we did not have enough left and Mr. Cheney pointed out where it was included. Motion carried 5-0. Ee Approve Change Order No. 2 for 72 Trees - Boynton Beach Oceanfront Park Mayor Warnke stated at a cost of $430 per tree, he felt the Community Appearance Board should go over this before being submitted to the City Council for approval. Councilman deLong agreed the Community Appearance Board should review this first. Vice Mayor Zimmerman explained how this was a special situation since this is located in Ocean Ridge. Mr. deLong referred to having an established policy with Community Appearance Board approval and Mr. Cheney clarified that every time a project is done in the city, it goes to the Community Appearance Board first, but it didn't on this because of being in Ocean Ridge. An architect firm is doing this plan, but it can still go to the Community Appearance Board. Vice Mayor Zimmerman moved to refer this matter of the change order for 72 trees for the Boynton Beach Oceanfront Park to the Community Appearance Board and then to the Town of Ocean Ridge for approval. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. BIDS Trap Sand for Municipal Golf Course Mr. Joe Sciortino appeared before the Council and referred to bids being opened yesterday and advised that originally only one response was received six weeks ago. During the interim, they have been preparing the traps for sand and now have three bids. They are ready to go. They would like to get started so the preparation work doesn't have to be redone. Mr. deLong moved to accept the recommendation of the Tabulation Committee recommending awarding the bid to W. W. Googe Trucking, Inc. in the amount of $9.50 per ton. Mr. Cassandra seconded the motion. Motion carried 5-0. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 DEVELOPMENT PLANS Request for preliminary plat approval of Northwoods at Hunters Run Golf and Racquet Club, Tract E, submitted by Charles Gilbert for Summit Associates, Ltd., which provides for the infrastructure improvements to support 31 single family detached units and condominium ownerships Mr. Annunziato stated these items were tabled at the last meeting because the Community Appearance Board had not reviewed the plans. Last night, the Community Appearance Board approved these plans for the preliminary plat and site plan and they come to the City Council with positive recom- mendations subject to a few limiting conditions. Mr. Cassandra moved to accept the recommendation for the preliminary plat approval of Northwoods at Hunters Run with staff comments, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. Request for site plan approval for Northwoods at Hunters Run Golf and Racquet Club, Tract E, submitted by Charles Gilbert for Summit Associates, Ltd. which provides for the construc- tion of 31 single family detached units plus recreational facilities Mr. Wright moved to approve subject to staff comments, seconded by Mr. deLong. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-10 - Re: Amend Future Land Use - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-10 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO PUBLIC AND' PRIVATE INSTITUTIONAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 84-10 and received no response. He asked if anyone was in opposition to Ordinance No. 84-10 and received no response. He then declared the public hearing closed. Councilman deLong moved adoption of proposed Ordinance No. 84-10 on second and final reading, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Nay Councilman deLong - Nay Motion carried 3-2. Proposed Ordinance No. 84-11 - Re: Rezone - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-11 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-1AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF SIX, SAID LAND BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody desired to speak either in favor or opposition to this proposed ordinance and then declared the public hearing closed. Vice Mayor Zimmerman moved to adopt Ordinance No. 84-11 on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye -14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman Cassandra - Nay Councilman deLong - Nay Councilman Wright - Aye Motion carried 3-2. Proposed Ordinance No. 84-12 - Re: Prohibiting the sale of merchandise from hotel/motel rooms Mr. Vance read proposed Ordinance No. 84-12 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 6. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS. C. C'3 COMMUNITY COMMERCIAL DISTRICT. 1. USES PERMITTED. TO PROVIDE THAT SLEEPING ROOMS AND APARTMENT SUITES IN HOTELS, MOTELS, APARTMENT HOTELS, AND APARTMENT MOTELS SHALL NOT BE USED FOR THE DISPLAY, LEASE OR SALE OF MERCHANDISE; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 84-12 and received no response. He asked if anyone wanted to speak in opposition. Mr. Carl Ashler, part owner of European Designer Jewelry, advised that he sells jewelry from the Holiday Inn. He realizes as the ordinance stands they are not affected because they sell from the banquet room. He referred to having been a resident in Florida for over 34 years and told about the company's reputation and advised they have a local office in Lake Worth. He is opposed to the ordinance because it seems like a foot in the door as the next step may be to eliminate them altogether. Councilman deLong responded that this does not prohibit them from operating out of the banquet room, but has control over other places without a meeting room. Mayor Warnke added that it is directed to fly-by-night companies rather than an organiza- tion such as he represents. Councilman deLong moved adoption of proposed Ordinance No. 84-12 on second and final reading, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Motion carried 5-0. Councilman deLong Councilman Wright Mayor Warnke - Aye - Aye - Aye Proposed Ordinance No. 84-13 - Re: Revised Travel Reimbursement Mr. Vance read proposed Ordinance No. 84-13 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING PER DIEM AND TRAVEL EXPENSE REGULATIONS OF CITY OFFICERS, EMPLOYEES, AND AUTHORIZED PERSONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody wished to speak either in favor or opposition to this proposed ordinance and declared the public hearing closed. Mr. deLong moved the adoption of proposed Ordinance No. 84-13 on second and final reading, seconded by Mr. Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Proposed Ordinance No. 84-14 - Re: Amending the Zoning Code to Change the Parking Requirement for Hospitals Mr. Vance read proposed Ordinance No. 84-14 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARKING SPACES. 16. TO PROVIDE THAT HOSPITALS MUST HAVE 4.0 PARKING SPACES PER BED RATHER THAN THE PRESENTLY REQUIRED 2.0 PARKING SPACES PER BED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 11. SUPPLEMENTAL REGULATIONS. OF THE ZONING - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 84-14 and received no response. He asked if anyone desired to speak in opposition. Mr. George Webb, Kimley-Horn Associates, came forward and advised he has been retained by the hospital to discuss this with the Council and present facts on parking requirements at Bethesda Memorial Hospital and at similar institutions throughout the southeast. The hospital has recognized defi- ciencies in parking in 1972 and included space requirements for future hospital expansion. Their recommendation was 2.3 parking spaces per bed which was in excess of the 2.0 required by the city. Even with the 2.5 originally pro- posed, it would be more than sufficient to accommodate the staff and future parking at the hospital. Mr. Cassandra noted the requirements of neighboring cities, all being higher than 2.5. He then referred to Mr. Annunziato's research and read from his memo dated February 29, 1984. He again read the requirements of cities in the area and pointed out they are higher and disagree with the report from Kimley-Horn and he also disagrees with Mr. Annunziato. Mr. Cassandra stated that he believes beds per parking spa- ces is a guideline and minimum requirement. The hospital could increase with 50 beds, but still have the same staff. Out-patient services may have no beds, but require parking spaces. Mr. Cassandra stated he finds this report presented by Whitlock is excellent and deals with hospitals today. He then read excerpts from this report. He referred to charts included and explained how accordingly, Bethesda Memorial Hospital has a need of 1,275 parking spaces. This breaks down to 3.5 to 3.7 based on this ratio. He believes we should do this right and guarantee there are spaces and believes 4 is a good recommendation. He further explained how 2.0 or 2.5 would not be adequate to meet the needs, but stated he would consider 3.0 or 3.5. Councilman deLong asked if it was his intention to amend the ordinance and Councilman Cassandra replied affirmatively, other than 4.0 but doesn't believe 2.5 is accurate. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman Wright clarified that he is not in favor of the City Planner's recommendation and Mr. Cassandra replied negatively. Mr. Zimmerman disregarded other hospitals and questioned the city's requirements and Mr. Cassandra agreed that we should be concerned about Bethesda Memorial Hospital and Boynton Beach. Mr. Cassandra added that he has not been a believer they need all this parking space, but believes we should do things right. This report backs up his presentation that peak parking and shift changes do create problems. They further discussed the number of doctors on staff and volun- teers at Bethesda Memorial Hospital. Vice Mayor Zimmerman questioned the requirement of neigh- boring cities and Mr. Annunziato replied that he thinks in Boca Raton, it was one parking space for two beds, one parking space for each doctor and nurse, and one parking space for each two employees. The problem with predicating parking upon employees, nurses or doctors is that the city has no control over those numbers. Mr. Webb commented that Councilman Cassandra did a fine job and the report does show the range on a per bed basis. From 2.0 to 2.5 is the general range. They can go higher and they do in some areas. He does have a list of about eight surrounding agencies including one requiring one space per bed in Lake Worth. They have conducted a study specifically with Bethesda Memorial Hospital and came up with the number of existing parking spaces, demands at certain times, and the study determined there was a lack of approximately 110 spaces out of a 350 bed facility with 700 existing parking spaces. With a deficiency of 100 parking spaces, it goes back to 2.3 to 2.4 per bed on actual measured deficiency in 1982. Mr. Cassandra referred to changing the comprehensive plan to accommodate the parking need at Bethesda Memorial Hospital and clarified that the need was 772 parking spaces and not 110. Mr. Webb clarified that 100 spaces were measured in 1982 when it was projected to 450 beds and that is where the additional number came in. Mr. Cassandra explained the numbers he used in figures 9 and 10 and stated that it came out to 1,225 parking spaces and he is concerned about 2.5. Mayor Warnke asked who brought up this change in the first place and Mr. Annunziato replied that he recommended it and - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Cheney added that it was brought up by the Planning & Zoning Board. Mayor Warnke asked if the requirements were increased to 4.0, what effect would it have on future hospi- tal expansion and Mr. Hill replied there would not be any. Mr. Webb pointed out that Mr. Cassandra had used the total number of volunteers when figuring and instead of a total of 500, it should be 50, which would be the number at peak times. Mr. Cassandra agreed and calculated this would bring the figure down to 3.2 to 3.6. Mayor Warnke questioned what effect 3.0 would have on future expansion and Mr. Hill replied that it would limit their expansion capability as there is just so much property there. He stressed that the hospital paid for this report to be done and he believes 2.5 will meet the needs of the hospital. After further discussion, coUncilman Cassandra moved to amend the 4.0 requirement to 3.0. Councilman deLong seconded the motion. Under discussion, Mr. Zimmerman com- mented that he believes that is pretty high and with raising from 2.0 to 2.5, it is a 25% increase and he agrees with that. There were some further comments regarding figures and percentage and Mr. Cassandra stated that he thinks the issue of Bethesda Memorial Hospital has gone on long enough and thinks they have been given things beyond every other applicant in this city. He thinks we should do it right now. This is an applicant like anyone else in the city. He feels 3.0 is fair for the future need for parking require- ments in this city. If they are going to increase the out- patient services, parking requirements will increase. Mayor Warnke replied that he takes exception to the statement of this just being another applicant as it is one of the vital services in the city. The Mayor clarified that the question is to amend from 4.0 to 3.0. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Nay Mayor Warnke - Nay Vice Mayor Zimmerman - Nay Councilman Cassandra - Aye Motion failed 3-2. Councilman Wright moved to amend the parking ratio per bed from 4.0 to 2.5 as recommended, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Nay Motion carried 4-1. Councilman Wright moved adoption of proposed Ordinance No. 84-14 on second and final reading as amended, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Nay Councilman Wright - Aye Motion carried 4-1. Councilman Cassandra referred to having to leave early and requested approval to change the order of business, so he could be present for a particular zoning issue. He moved to suspend the regular order of business and go to Item D-2. Mr. deLong seconded the motion and the motion carried 5-0. Other Consider Zoning Issue Concerning Drive-in Restaurant in C-2 Zone Mayor Warnke referred to input being submitted and Councilman deLong stated he would like to give a report con- cerning this item. He made a survey of the present situation. It seems there is a misunderstanding. He received the communication sent to the Vice Mayor by the former city attorney at the time this particular ordinance was granted. It appears there is a different intent being interpreted. He checked what is out in the field and enu- merated various commercial businesses with drive-in windows located in C-1 and C-2 zones. He thinks the ordinance should be amended to specify the difference between a drive- in and drive-thru. Mr. deLong moved to have the City Attorney amend the present ordinance providing for drive-thru windows. Mr. Cassandra seconded the motion. Under discussion, Mr. Cassandra asked if drive-thru would take care of the concern of this appli- - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 cant and Mr. Vance replied affirmatively in this particular situation. Mr. deLong added that the communication from the former city attorney gives exactly the way to handle this and he feels our City Attorney is capable of doing this. Motion carried 5-0. At this time, 9:53 P.M., Mayor Warnke excused Councilman Cassandra so he could leave on a trip. Mr. deLong moved to revert to the regular order of business, seconded by Mr. Zimmerman. Motion carried 4-0. Ordinances - 1st Reading ~roposed Ordinance No. 84-15 - Re: Annexation - Plaza West Mr. Vance read proposed Ordinance No. 84-15 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII, (32), OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-15 on first reading only, seconded by Mr. Zimmerman. Under discussion, Mayor Warnke asked if a plat had been sub- mitted and Mr. Cheney informed him this is Plaza West and it has been before the Council. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 4-0. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Proposed Ordinance No. 84-16 - Re: Amending Ordinance (Building Code) No. 83-31 Concerning Handicapped Regulations Mr. Vance read proposed Ordinance No. 84-16 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 BUILDING, HOUSING, AND CONSTRUCTION REGULATIONS, ARTICLE I. IN GENERAL, OF THE "CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA," TO AMEND SECTION 5-5, ACCESSIBILITY BY HANDICAPPED, PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-16 on first reading only, seconded by Mr. Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 4-0. Proposed Ordinance No. 84-17 - Re: Bar Closing - New Years Eve Mr. Vance read proposed Ordinance No. 84-17 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 3 - ALCOHOLIC BEVERAGES, SECTION 3-4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO THE HOURS OF SALE OF ALCOHOLIC BEVERAGES ON NEW YEARS EVE; PROVIDING AUTHORITY TO CODIFY, A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-17 on first reading only, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 4-0. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Resolutions Proposed Resolution No. 84-U - Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Plaza West Mr. Vance read proposed Resolution No. 84-U by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 171.062, FLORIDA STATUTES, TO REZONE A CERTAIN PARCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FROM PALM BEACH COUNTY ZONING CLASSIFICATION CS (SPECIALIZED COMMERCIAL) TO CITY OF BOYNTON BEACH ZONING CLASSIFICATION C-1 (OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT); AND FROM PALM BEACH COUNTY LAND USE DESIGNATION OF MEDIUM TO MEDIUM-HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LAND USE DESIGNATION OF OFFICE-COMMERCIAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved the adoption of proposed Resolution No. 84-U, seconded by Councilman deLong. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Motion carried 4-0. Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman deLong - Aye Proposed Resolution No. 84-V - Re: Abandonment of an Alley - Tom Gustafson Industries, Inc. Mr. Vance read proposed Resolution No. 84-V by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEYWAY CONCERNING THE PROPERTY HEREINAFTER DESCRIBED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEYWAY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved adoption of proposed Resolution No. 84-V, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 4-0. Other (Continued) Approve the Following Water Service Agreements: a) Frank A. Flower Property b) Greenacres County Day Schools, Inc. c) Arcadia Properties, Inc. MARCH 6, 1984 (Tabled) Mr. Cheney referred to submitting a memo and suggested these stay on the table because the site plans have not been sub- mitted. He did receive a call this afternoon from a deve- loper who is present and would like to bring in his site plan. This particular project is at the corner of Military Trail & 22nd Avenue. Dwelling units and a golf course are planned with 4.6 units per acre. This developer would like to speak because he has a contractual problem. Mr. Zimmerman moved to remove Item a) from the table, seconded by Mr. deLong. Motion tied 2-2 with Mr. Zimmerman and Mayor Warnke voting in favor and Mr. deLong and Mr. Wright voting against. Mr. Wright moved to leave all three items on the table, seconded by Mr. deLong. No discussion. Motion carried 4-0. Discussion of Proposed Rezoning by County Commission - Southwest Corner of Hypoluxo Road and Seacrest Blvd. (Requested by Mayor James R. Warnke) Mayor Warnke referred to submitting the notice from the County Commission and stated his personal opinion of this is we have been pushing to get Seacrest Boulevard widened and in looking at this property, there is a large tract of land south of the gas station and north of the cemetery which could be developed into a shopping center. This would result in more traffic on Seacrest Blvd. He thinks a member of this Council should appear before the Palm Beach County Planning Commission and County Commissioners stating our feelings that Seacrest Boulevard should be widened before any development such as this. Mr. Annunziato informed the Council that this is an interesting rezoning request because in 1975, commercial zoning was approved at this corner. At this time, the - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 applicant is requesting to change the configuration of the building. This plan is better, but the applicant may balk at going forward because of the comprehensive plan criteria requiring constructing Seacrest Boulevard in front of his property and contributing towards the widening of Hypoluxo Road. He feels the applicant will withdraw the application and wait for Hypoluxo Road to be improved. This is a change in something previously approved. Mr. deLong moved to designate the City Planner to appeal at the meeting and make his statements known. Mr. Cheney questioned if they wanted any change in zoning until after the county has committed. He further explained how these requests could only be made at this time because of the reconfiguration. Mr. deLong questioned what the City Planner's feelings were regarding rezoning and what effect it will have on us and Mr. Cheney replied that the Mayor's position is there should be no action on any zoning until a realistic financing and construction commitment is made for Seacrest Blvd. Mr. deLong agreed. Mrs. Dee Zibelli, 440 Ocean Parkway, came forward and stated she agrees with the Mayor. She asked if we are supplying water to this property and Mr. Cheney replied they are in our reserve area. Mrs. Zibelli commented that Seacrest Blvd. is overloaded with traffic now and Mr. Cheney responded that the Mayor has suggested a position which is aimed at bringing about the widening of Seacrest Blvd. He requested Mr. Annunziato to comment further. Mr. Annunziato advised in this instance, the property is already zoned and the plan was approved seven to nine years ago. The applicant wants to reconfigure the shape of the buildings for a better plan to save the trees along 1-95. The applicant agreed to construct Seacrest Blvd. from the cemetery north; however, he did not agree to contribute $200,000 for the construction of Hypoluxo Road. The result likely will be the applicant will withdraw his application, construct the commercial configuration approved previously, wait until Hypoluxo Road is improved with federal money and then reconstruct the plan. The water agreement is approved and he is being served. Mr. Cheney asked if we follow what the Mayor is suggesting, does it mean that portion of Seacrest Blvd. in front of the property will not be widened and Mr. Annunziato replied affirmatively and will probably go back to the previous plan. Mr. Cheney clarified that if it is left in the existing zoning, the applicant can build something and cut - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 down trees and do nothing to Hypoluxo Road. If he is allowed to rezone, he probably will not accept the county's condition of widening in front of his property and $200,000 for Hypoluxo Road. Mr. Cheney noted the hearing before the Board of County Commissioners is scheduled for March 29 and suggested possibly putting this on the agenda for March 20 and seeing what happens in the meantime. Councilman deLong moved to postpone any action on this item until March 20, seconded by Councilman Wright. No discussion. Motion carried 4-0. OLD BUSINESS Consider Regional Wastewater Treatment Plant Allocation and Current Flows Mr. deLong suggested making an attempt to come to an agreement with Delray Beach and if that fails, then have the City Attorney check the Interlocal Agreement and see if there are any penalties. Mayor Warnke stated he just brought this up for discussion and has asked Mr. Vance to look into this to see what our legal stand is. Mr. deLong suggested extending the courtesy to see what their feelings are and Mayor Warnke replied we should be concerned about them encroaching. Mr. Vance informed the Council there is a provision in the Interlocal Agreement providing for a written agreement bet- ween the two cities to permit the city exceeding the capa- city to use the reserve capacity of the city not exceeding their capacity and pay 150% penalty with the excess 2/3 going to the Board and 1/3 to the city. Mayor Warnke asked if we do not enter into a written agreement with them, do we have any other recourse and Mr. Vance replied that he would have to research that. Mr. Zimmerman asked if the excess capacity would be turned over to them permanently and Mr. Vance replied that the contract visualizes it to be a temporary situation. Also, when that stage is reached, planning is to be initiated to expand the facility, which is underway. Mayor Warnke referred to the possibility of Boynton Beach needing the sewage capacity and discussion ensued about this. Mr. Cheney clarified that we are in a position where tech- nically they are using our property. The Interlocal - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Agrement says they cannot do that until we have an agreement. Mr. deLong questioned what we could do if they won't sign the agreement and Mr. Cheney replied there are strong feelings there are solutions for Delray Beach. Mayor Warnke referred to additional legal research being needed and Mr. Wright questioned if we should bring this before the Board in the meantime and Mr. Vance replied that the matter could be raised before the Board. After discussion, Councilman deLong moved to have the City Attorney research this further and give legal direction. Mr. Wright suggested this should be placed on the Board's agenda and Mr. Vance agreed that it can be discussed with the Board. Mr. Wright suggested the motion be amended to include this and to send officially from this body to the Board for consideration. Mayor Warnke clarified that he just wanted to know where we stand. Mr. Wright seconded the motion and the motion carried 4-0. NEW BUSINESS Certificate of Appreciation for Morton Goldstein & Brendan Shortley - Requested by Councilman Joe deLonq Mr. deLong moved to approve certificates of appreciation for Morton Goldstein and Brendan Shortley, who did so much work on our street signs. Mr. Wright seconded the motion. Under discussion, Mr. Wright requested that Brendan Shortley be invited to the next meeting and Mr. Cheney suggested waiting until he gets his eagle scout award and then make the pre- sentation. Motion carried 4-0. Accept Annual Financial Audit Report - 1982/83 Mr. deLong moved to accept the annual financial audit report as presented to the Finance Department and certified by the auditors. Mr. Wright seconded the motion. No discussion. Motion carried 4-0. ADMINISTRATIVE Consider Report of the Conference for Progress in Education Requested by Councilman Samuel Lamar Wright Councilman Wright referred to submitting documents from the conference held in West Palm Beach sanctioned by the School Board. Dr. Orr has requested support of these findings. He would like the Council's support of these recommendations and findings. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Wright moved approval with authorization for the Mayor and City Clerk to sign. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. Consider Appointing One Member to Boynton Beach Housing Authority (Tabled) Mr. deLong moved to leave this on the table, seconded by Mr. Wright. Motion carried 4-0. Appoint One Representative to Community Action Board and One Alternate (Tabled) Mr. deLong moved to leave this on the table, seconded by Mr. Zimmerman. Motion carried 4-0. Accept David Roberts Resignation from Community Appearance Board Mr. deLong moved to accept this resignation with the usual letter of thanks for service performed, seconded by Mr. Zimmerman. No discussion. Motion carried 4-0. OTHER Special Meeting Mr. Cheney stated he would like the Council to meet briefly the day after the election to confirm the election results and take action relative to the runoff. He suggested this special meeting be held at 5:30 P. M. Mr. Wright requested that it be at 5:45 P. M. Mayor Warnke then announced there will be a Special City Council meeting on March 14 at 5:45 P. M. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Wright. Mr. Zimmerman referred to an appointment being made on the Community Appearance Board. Mr. deLong moved to reconsider, seconded by Mr. Wright. Appointment to Community Appearance Board Mr. Zimmerman referred to receiving a resume from Mark Burton, a registered architect, and nominated him to serve on the Community Appearance Board. Mr. deLong moved to approve this nomination as an alternate member of the Community Appearance Board. Motion carried 4-0. - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Wright. Motion carried 4-0 and the meeting was properly adjourned at 10:35 P.M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Councilman ATTEST: . v y- ~ ~ City Clerk Recordin~Secretary Three Tapes) - 29 - AGENDA March 6, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: me A. Beltran Typewriter Co. Annual Service/Maintenance agreement on typewriters. Pay from various departments---General Fund and Water & S~wer Rev. Fund Per bid 12/28/83, Council approved 2/7/84 o A.O.B. Underground Est. %3 Final Payment Roadway and Utility Construction N.E. 22nd. Ave. and Sewer Extension on N.W. 8th. St. Pay from Utility Cap. Improvement: 404-000-169-01-00---1,405.55 404-000-169-11-00--- 488.21 Belvedere Construction Co. Est. Water & Sewer to Boynton Beach Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 e Boynton Beach Child Care Center 2nd of 4 quarterly payments as recommended by CRB and approved by City Council 9/20/83 Pay from Federal Rev. Sharing---320-641-564-40-5A John D. Behnke, Inc. Diesel Fuel and Regular Gas for Golf Course Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 City of Boca Raton Cooperative Dispatch Center -- ~st and 2nd quarters of fiscal year 1983/84. Pay from General F~nd---001-211-521-40-79 Thomas E. & Linda L. Coffey Lease for access to City Landfill Pay from General Fund---001-341-534-40-9E 3,797.15 1,893.76 36,041.00 5,375.75 1,882.00 141,970.00 1,200.00 COUNCIL APPROVED:? Meeting:. Be 10. 11. 13. 14. 15. 16. -2- Davis Meter & BBR General Contractors,Inc. Per contract Congress Ave. Watermain Pay from Utility General Fund---403-000-169-01-00 Davis Water & Haste Industries, Inc. Odophos Liquid for Water Treatment Plant Pay from Water & Sew. Revenue---401-352-535-30-65 Ernst &Whinney Professional services rendered through January, 1984 regarding annual audit for year ended 9/30/83. Pay from various City funds. ~lorence Fuller Child Development Center, Inc. 4th and final payment as recommended by CRB approved by City Council 9/20/83. Griffin & Son Paintinq Repair, Waterproof & paint exterior of City gall & Personnel/Purchasing Pay from General Fund---001-194-519-60-29 Per bid 12/27/83, Council approved 1/17/84 General Resource CO .rDora~tOn 2 Rotor & Shaft Assemble with steel tips for Water Plant Pay from Water & Sewer Rev.---401-332-533-40-33 Sole Source Supplier Glasgow Equipment Service~ Inc. install two fueling systems per contract for Golf Course Pay from B.B. REc. Facility Constr. Fund 415-000-169-41-00 Madsen-Barr Cor..poration Est. ~3 N.E. Area Water Main for period 1/20/84 to 2/20/84 Pay from Util. Cap. Improvement---404-000-169-01-00 Theodore M. M0r~an~ M.A.I. Appraisal Services rendered regarding N.E. Area Sewer Force Main and Water Lines Parcel 82-15. Pay from Util. Cap. Improvement---404-000-169-01-00 $ 72,738.62 12,440.00 8,734.00 1,099.01 5,782.00 1,722.00 14,942.00 266,358.01 1,650.00 GOUNG{ AFPROVF- eetin . -3- 17. 18. 19. 20. 21. 22. 23. Neptune~Meter Company For 500 Water Meters for Water Distribution Pay from Water & S~wer Rev.---401-333-533-60-51 E~tended bid 7/31/84 $ 13,100.00 .Palm Beach .County Solid Waste Authority Use of County Landfill for month of January, 1984. pay from General Fund---001-341-534-40-gA 40.695.75 ~...I.. Lime Company Lime for Water Plant Pay from Water & Sewer Rev.---401-332-533-30-65 9,731.15 ...Twin Cons.truction, Inc.Est. %1 Boynton Beach Oceanfront Park Project From Start-up to 2/27/84 Pay from B.B. Rec.&Mun.Beach Imp. Fund 303-000-169-33-00 125,553.00 R. J. Sullivan Corporation Est. %6 San Castle/St.Andrews Part A for period 1/19/84 to 2/17/84. Pay from Util.Cap. Improve.Fund---404-000-169-11-00 43,238.63 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance %73-15,passed 5/15/73 126.36 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 120.96 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. S~ann, Finance Director I therefore recommend payment of these bills. -COUNCIL APPROVED: Meeting: Peter L. Cheney, City Manager