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Minutes 06-15-76MINU~ES OF REGULAR CITY COUNCIL MEET~ING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, JUNE 15, 1976 PRESENT Joe DeLong, M~er Joseph F. Zack, Vice Mayor. Edward F. Earmening, Councilman Emily M. Jackson, Councilwoman ~orma~ F. str~ad, Councilman Fr~-k Kohl, City Manager Robert B. Reed, Ci~y Attorney Tereesa Padge~t, City Clerk Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. Mo everyone to arise at the sou~ of the gavel f~ given by ~r. James D'~eara, Chairman, and ~o kindly remaims~am~ing for the the Flag le~by Hem. Robert B. Ree~, Annoumceme~ts A~en~a Oerre~tioms Agenda requested the City Council members to review the the following corrections: Under.¥II OLD BUS~NESS, Item C, it shonld be: Consider "Rezemf~g" Request (Mr. Joseph Cogen) Under VII OLD BUSINESS, Item D, F~yor DeLong announced he had been requested by the Vice Mayor to delete this until such time as arrangements have been made imsefar as con- selidation of the pension systems, namely the police and fire. Under IX ADMINISTRATIVE, Item E, Add: 2. Appointment to Board of Adjustment, which he feels has~been inadvertently left off the Agenda. Mrs. Jackson referred to VI LEGAL, under D - 2. Status of Law Suits, which should be noted as being tabled. Proclamation Mayor DeLong read a Proclamation proclaiming the week of August 1st thru 7th, 1976, as National Clowns ~eek. Jul~ 4th Activities Mayor DeLong announced that the July 4th Bicentennial Celebra- tion wo~ld be held at the Boynton Beach Boat Ramp on the Intra- coastal Waterway. He adde~ that this is a program which has been set up by the Bicentennial Committee, which has worked very hard im the interest of th~ particular City in order that they ~ pay the proper respects to this celebration. He announced that t~e Family Fun Day would be from 10 A. M. to 6 P. M. and the Official Bicentennial Program would begat 2 P. M. The Chamber MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 of Commerce fireworks display will begin at dusk on Congress Avemue mear the-Vocational Technical School. The History ef Boyntom Beach Film marrated by Mr. Lowell Thomas will be shown on July Sth om Channel 12 at 2:30 P. M. City Hall will be closed 0n Momday, july~Sth im observance of 'Imde,pendence Day. Mayor the citizens ef the City te come out to this of fi- .Fun Day. This Committee has worked very hard om ~f 0~£ the residents of this City and he believes they see e~- titled to their support. W. in~e~s in Cen~eSt~.~f- Nam~. ~oat Ramp Oamal Pa~.k He rea~ the Council by Fi~$~ P~ze ~Award - -Pioneer Ca~al Park~ Suhmitte~ by - Mrs. ~. (Hearty J. ) Pederson 2001 S. Golf Lane Seeomd Pr~ize Award - "Founders ~Camal Park~ ~hmitted by - Mrs. Harold,. Crawley 809 N, W. 8th Avenue Third ~Prize Award Su~miSted by - "~dependemce Oanal Park" - Darlene Nmtter tJl g. N. 8th Avenue Mayor DeLeng added that he umderstood the awards would be made at the, Bic~entennial affair~0n J~ly~4th at the Boat Launching Ramp. He thanked the people who served on ~his committee. A~enda~Addition Mr. Reed re~uestedthat an addition be made under VI LEGAL, O. Resot~ioms, 4, Propese~d ResolUtion 76-R~, which was given to t~heCou~eil members this evenimg. Mayor,DeLe~ them ar~ounced that if amyoue present wished to speakon smy item e~ the Agenda to kindly step forward at the pre~ent time and submit their ~ame to the City Clerk, Mrs. Padgett, ~d when that 'pse~icular item becomes the order of husiness,~,Mrs. Padge~t will call on them. MINUTF~ Regular Cit~ Council Meet~_~g - June 1, 1976 ~er DeL~ng started on his right and I~. Zack an~ ~. Harmeming ~assed~ Mrs. Jackson referred to Page 2, second paragraph, ecomd~line, which shoUld :be Mr. Medlen's "aide". She referred to the eighth lime and ~"particularly 0-3 permits ~hi~' should be in quotes. She referred to Page 10, fifth line, which should Be: "~e do ~t have a~y enforceable laws." Mr. Str~ad passed. -2- MINUTES - REGULAR CITY COUNCIL MEETZNG BOYNTON BEACH, FLORIDA JUNE 15, 1976 Mr. Strnad m_oved to adopt the Minutes of the Regular City Coumcil Meeting of eune t, 1976, as cerrected, seconded hy Mrs. Jackson. No discussion. Motion carried 5-.0. Special Cit~ Council Meetin~- June 8t 1~76 Mayor DeLong started on his right and Mr. Zack and Mr. Harmening passed. Mrs. Jackson referred to Page 4, lines one thru four being a little involved and it should re~d~: "until they have this seetign, because ~eesm Ridge has said th~s piece ef property is their~ Mr~ ~trnad passed. Mr. Zack moved to ad~ the ¥.~utes of the Special City Council Mee~_ng of June 8, as cerrecte~, meconde~ by Mrs. Jackson. No disc 3-0, with Mr. Harmening amd Mr. g trnad AUDIENCE ~. Morton Levine stated his name am~ his address as 2515 N. E. 2nd Court. Ne informed the Council that he was a representative of the Owner,s League of Village Royale en the Green. The sub- ject he wishes to speak to the Council about is one which he be- lieves requires some clarification. He referred to the current ~rivehy the ~&ty regardi.n~ a deposit for the use of the sewers. e read section 59.6, sectmon 238-6, from the Code of Ordinances. This has Been on the books since approximately i959, but evidently not too mmch attention was given to it. A letter has been sent ~ow ~ the ~.w~rs regarding this deposit. Something should have een done within 30 days after the sewer hookup. He then referred to a Special Meeting of the City Council i~ May, 1963, whe~ a motion was made te instruct the City Attorney to draw up an amend- ment to the existing ordinance and eliminate the sewer deposit and refund those to date. It was decided by that City Council to repeal this deposit, ~ut apparently that was not done. Can the present Coumci[ please cle~ up this matter, Mayor DeLong replied ~h~t.he.unders~ood what the problem is and announced at this tmme, ~¢~rw~l~,_ac~t ~_~otion to. have the City Manager i~ con- .~ ~ . ~e o~y A~torney ma~e a complete study of this re- qmes~by Mr. Levine and report back to the City Council. Mrs. Jackson moved to have the City Manager and City Attorney look i~o '~his, seconded by Mr. Zack. Under discussion, Mr. Levine refer~ed to there being a cutoff date of June 18 and ~L~vor DeLong re~li~ that.he believed the City Manager would contact him for any i~ormation he may have. Mrs. Jackson added that she also had some infor.mation on this and Mayor DeLeng suggested that she give ~ny information to the City Manager. Motion carried 5-0. ~M. Derle Bailey stated his name and his address as 644 Las Palmas Drive. He informed the Council that he was concerned with the sidewalk ordinance requiring each newly constructed house to have a mandatorysidewalk. He told about the subdivi- sion he ~ved in probably being the smallest and only has three -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 employ lots with none adjoining and sidewalks will be required according to the Cl~y ordinance. Ee would like the Council to consider amending the sidewalk ordinance te deal with smBdivi- sions that hmve already beeu developed to a certai~ percentage. He thinks by doing that, they can keep ~ uniformity in subdivi- sions and not have spotted sidewalks. Mayor DeLong informedhim this would be turned over to the City Manager for a report. BIDS Mr. Kohl reqne~ted that b~th be deleted. Mr. Earmening moved to delete both as requested, seconded By 'Mr. Strnad. Under dis- cassion, Mrs. Jackson asked if they were going out for re-Bid and Mr. Kohl informed her there are certai~ requirements he Just received from the State last week which they must check. Mr. right ~ud they want to make sure. Motion carried 5-0. PUBLIC HEARING NONE LEGAL Ordinances - 2nd Readin~ - Public Eearin$ Proposed Ordinance No. 76-17 - Re: Repealing Chapter 25B - ~wimmin~ Pool Ordinance of the Cit~ of Boynton Beach M~. Reed read proposed Ordinance No. 76-17 on §econd reading by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this particular ordinance and received no response. Me then asked if anyone present was in opposition and the following Reared before the Council: Mrs. Frank Carrel stated her name and that she represented High Point 4-A. She requested that this Be tabled mntil the people in condominiums can understand how this will react on them. She understands this ordinance has been on the books since 1960, but nothing was ever done to enforce the builders to put up a fence. If this is passed, it means the people in the condominiums will have to foot this bill. She explained how they had to foot the expenses for various things~ She would like this tabled mntil they can get together and f~nd out how much this will cost. Mayor DeLong informed her that tabling it would not have any effect whatsoever. An ordinance is still on the books which must be enforced. They are repealing 25B with an updated ordi- nance. Tomorrow morning, the ~ity Manager can start action to enforce the ordinance on the books at the present time. P~s. -4- MINUTES - REGU ~LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Carrel asked him to explain repealing and Mayor DeLong informed her that it meant they were definitely go~g te abide by the .ordinance ia every detail. This particular City Ce~acil is ia an embarra~siag position because it is a problem they i~rited. He would say there was a laxity in the past i~ enforcing the ordina~ce~ If it was enforced, every develope~ we~ld havehhad to smpply a fence or a c/e womld not have been issued. Mrs. Carrel asked why they were going into it now and if something had brought it te their attention and Mayor DeLong replied it was brought to their attention ia reference to the installation of electrical this. Mr. Nowell stated that when he was hired, he was hired to do a job in the Building Department. He felt this was upgrading and since the controversy has come mp, he has de~e some checking on his ow~o He found that the major mm~icipalities de have this type of ordinance for safety. If somebody staggered into a pool at night and drowned, it leaves the City as well as the condomin- imm owners ~pe~ to a law shit. His job is to look o~t£for the City and the people living in the City. Mr. Harmening asked if the old ordinance exempted commercial, peels ~and Mr. Howell informed him that the old ordimance states all ~ivate peels and family type pools sh~l~ he enclose~. Mr. Narme~ui~g ctarifie~ that he was speaking of commercial versms Hew~tl replied that a cendeminimm Reel is a peel. Ne ad~e~ that if it is not a private pool, it means everybody canswim in it. Mr. Narmendmg disagree~ and to theState Board of Eealth co~sider%ng it a commer- itis ~uitt te commercial speoificatiems. Mr. that ~he reial peels are exempt when a life insurance coverage. Mr. Ree4 ~e existing did ne% define commercial. of confusion in the Bmilding The condominium peels may have been specifications, but it did not make ordinance. Thgy are not connected with as motels and h~tels. to the ~hapter beimg adopted mnd~r 0rdina-nce Ord~nan~ No. 60-38 superseding it on 1960. Ee pointed omt that 16 years have passed since attention to this particmlar ordinance. Mr. felt the existing ordinance was diserimi- Mr. Reed agreed that an exception was made and condo- ~ peels have ~een in a gray area. The existing Ghapter 25B a famiI~ peel as a pool Used By a person and his family ~omme~oial peels are those connected with a commer- smch as motels, etc. Where do condominium pools go? -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Obviously this particmlar section discriminates against family posls regarding fencing requirements. Mrs. Jackson stated that i~ the existing ordinance, the key thing is guarded or u~der surveillance. She Toted on this on first reading becanse she k~ews the motels do mot have these. She told about a newspaper article regarding a child drowning at a motel in Da~e County. She has always wondered why motels ~ere exampt. Mr, ,ont~uued with explaining how he was cene~ed with welfare of the people. He aisc how 300 were using condemf~ium DeLeng and Delray Beach. Mr. R. B. Vastine stated his name and that he represented the United Boyn~o~ Civic League. He informed the Council that he was ~pe~fng against this matter, but there are. certain'~.~asic elements that are very definitely needed. He is happy about the saf~.~y requ±rement en electrical work. Many people have not rea~ this ordinance. He requested that Paragraphs B, C, D, and E o~ Page 4 be read. He referred to the last paragraph stating "all~ swimming peels and explained how that meant all. Mayor DeLong requested the City Attorney to read these specific paragraphs andMr. Reed read the paragraphs as requested. Mr. Vastine thanked himand again stressed its reference te ~all" which means everything. Mr. Vastine continued that his concern was what position the City is in to make sure this is now enforced and who is going to do it? Also, it seems to him in this one year period of time, there is going to be a nice rip-off for contractors. He explained how this would be very costly for the adult retirees in Boynton Beach. He is conscious of the safety factor, but ~etieves there are some aspects that need some considered attention. He hopes this ordi~ nanc~ means all. ~yor DeLong requested the City Mamager to ans~r the ~uestion regarding how they intend ~o enforce it and by'hem and Mr. Kohl replied that the Building Department intends to enforce ~t. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Mr. Vastine continued with referring to a section in the com- mumity still under construction on which a c/o has not been granteA. He asked if th~ developer ~would havetto put ~p a fence within the one year time limit or before the c/o was issmed amd Mayor DeLong~ replied that if he came in after ten days for a c/o, he is ~nder the impression that he would have to abide by the ordinance or no c/o would be i~sued. Mr. Fr~k Carrel stated his name and his address as 340A High P~imt Court aa~ i~ormed the Council that he was director of sued and t~e enforcement o~. same. eq. uipment and training theY have. He told about the life saving He state~ he thought with If this by it for if they did not. keep a close eye goes into e~fect, they weul~ have to a~ide their insurance woul~ not cover it Mr. Fred Kostner state4 his name and his address as 14OD High Point. He informed the Council he was spe~ in opposition to the propose~ fence. He referre~ te ~his fence being ia a er occupant wguld be responsible. The City is imposing the ob- ligation on either the o~ner, lessor, or t~he eccupamt, lessee. Mr. Kostner continued with questio~ing whether it woml~ apply te all pools atd whether commercial prope~%ies were exempt, Mr. Reed explained that the existing ordimauce exempts poeIs related to commercial ventures. The propese~ ordinance makes no exceptions. All pools mast comply. Mr. Kostner then also told abo~t their procedure with badges, accompa~yiag children, a monitoring list with people guarding the pool, etc. He then referred to the one year time limit and stated he would like to ge into the fence business in the next year. It may not be a bad idea to extend this time limit for a longer period of time. Somebody will be making a b~udle of money and with all there are to be done, they will not be able to get it done. Mayor DeLong asked ~he City Attorney if there was a possibility there wo~ld be amy degree of flexibility if these people prodmced the fact they ha~e acted in good faith and are ~nable to engage the service of a tradesman ts erect the fence? Mr. Reed explaimed that a hardship would have to be proven amd the people would have to appear before the Building Beard of Adjmst.ment & Appeals. Nr. Thomas O'~estate~ his mame and that he thought this was a very serious thing to the Percale living in Beymt~n Beach. This ordinamce was in effect for ten years, but never enforced. All -7- MINUTE~ - REGULAR OITY COUNGIL MEETING BOYNTON BEAGH, FLORIDA JUNE 15, 1976 cf a smddem, they want to cha~ge it back to where they must put up a screen arousal the peel. Already the vultmres are out, the contractors. The people in theee con~omi~i~m~ are going to pay more money ~y an assessment. He would like it taken into con- sideration that the people living here are on fixed internes am~ he would appreciate their doing some. thing for them. Mr. John Adum~ stated his name and his address as 770 Horizons East He requested Attorney Reed to read the se~ to be locked an~ Mr. Ree~ read Section 25B - 8. Mr. Adams contin-~ed that this is am item which occurs in most cities with ordimances throughout the United States. Most ~rowmings have occmrred in private hemes and he explud~e~. Ee them referred to the section Mr. Reed read and state~ he thought it needed f~rther clarification insofar as sw~m~img pools in co~domimium areas. F~rthermore, that e~ts ordinance that leaves ~ in the time of ~p, etc. He referre~ ~ ~ cendomi~imms esta~- locks woul~ put em. Re explained felt this was He tken referred to the is all in favor of preve~tiug ac ~ a~d amy fatality. He feels they need ~uite ¢omcerne~ that they sho.uld ge into it thereugh, ly an~ not have to amemd it at'a later date. ~'~m complete om Reed has erddmsmce a~d with others. ~!y 15 technical the cemstruc- no Mr, Robert P. Nutter stated his name amd his address as 111 S.~. 8th Avenue. He state~ that he didn't imtend to speak about this, hut after hearing all the flack, he decided to speak in favor of this ordinance. Evidently somebody has been misinformed regard- ing nobody enforcing this ordinate. He t~ld about his experi- ence with putting in an above-ground pool and a fence beimg re- quired. He then referred to the statememts that contraotors are vmltures and there being 35 to 40 fence contractors in the West Palm Beach directory. Also, it only takes about t~ree days to put up a fence. He explaimed how it was important to shop for competitive bids and check on legitimate contractors. He does not think people shoul~ say the contractors are going to get rick~ land developers, yes- but mot contractors. Mr. Morton Levine stated his name and his address as 2515 N. E. 2nd ¢omrt. He stated he was for the ordinance, but believes some clarification is necess~y. He believes it is necessary because it could net possibly be enforced without some real hassles. He referred to there being misconception about the proximity to the pool area. He explained how it was not meant to be on the coping of the pool. He then referred to the section NIN~ - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JUE~ 15, 1976 im the ordinance stating owner or occupant. He explained how this may not be fair to the ~e¢cupant and stated he thought this section should be corrected to be the owner of record of the property to be responsible for the fencd_ng. Er. George A. Mearns stated his mame and his address as 124 N. ~. 14th Street-. He informed the Council that he was a pro- fessional insurance risk manager and professional engineer. He is net ags~nat this'in the sense that he would not like to see amy children business and profession, he risk before anything is done. this was done in this case. He k~ows this ordinance was in or pat~ing up a fence, but This would o~e~ also. They c~~' t ag~nst ~ns~ tioms an~ effect amd motels had the is vel fa t ing ~oks which re~ choice of ~_~suring Leisureville, supervised. bat an aestheti~ be e~almated. · ca~aot protect them ould like to speak installa- ~violatien. ~a pro- The Violat- Ers. Jackson stated she would like to speak in favor of this ordinance. She thi~W~ the ordinance om the ~o~ks shows a double standard. PeOple in Single famil~ fences and enclosures for this for condominium a~ signs ~ate~. Mr. doesn't ~hink it will ~ mach putting up iid not interpret Private property .as there · have dmScrimi- , but she Single family Nayor DeLeng suggested m~o~g along om this. He believes they have heard both sides. Ee requested the members of the Council to refrain from pres an~ c~ns and give their opinion under dis- cussion. He would like action on the part of the City CeUmCil. Mrs. Jackson moved the adoption of Ordinance No. 7~-17 em.second and final reading, seco~e~by Mr. Strand. Under discussion, Mr. Harmening stated he thOUght they could only go so far to protect people from themselves. He is mot entirely sure it is right to reguire homeowners to fence their peels, insofar as -9- ~INUTES - ~ULA~ CITY COUNCIL MM,~TING BOYNTON BEACH, FLORIDA J~NE 15, 1976 the other type pools, he thinks the majority in the U. S. are not fenced. He sees no reasou ~o compel these people to fence their pools. It is just extra bother and expense and he does not imagine it will accomplish amything. He also does net agree with reference to the requirement for the electrical. He ex- plaimed how he felt they should not restrain the people in the City from doing what they cam do. It is also extra expense with not allowing them to ~o it themselves if they are qualifie~. Ee is definitely against this ordinance. N~. Eack referred quite a bit and every motel he has ~taye~at has mming pool. Also, he believes agreed, Mayor t, he .original ordi~aAoe was enforced and Mr. Kohl DeL~g added that it was not to its fullest extent. Mr. Zack ~ontlnued that he believes Eection 25B-11 discrimimates. Mr. £tr~ad s~ated he didn't thlz~ there was going tO be a great deal of~moaey made en fencing for swimming Dools. He referred to the number ofmote~s and condominiums with swimming pools and how he didm't thi~k,it was any big deal about fences. Mrs. Pa~gett then took a roll call vote on the motion as follows: Counc~lm~Harmening - No Councilwoman Jackson - Yes Counci]m~n Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 4-1. At this time, Mayor DeLong declared a five minute recess until the Council Chambers cleared. He called the meeting back to order at 9:00 P. M. 0rdinan¢~s ,- Ist Readln~ Proposed Ordinance No. 76-21 - Re: Amending Section 2-41 of Chapter 2 of Codified Ordinances to Designate and Establish Plannim~ & Zonin~ Board as the Local P~an, ning A~ency Mr. Reed read propos~dOrdinance No. 76-21 in its entirety. Mr. Strnad moved for the adoption of Ordinance No. 76-21 on first reading, seconded byMr. Harmening. No discussion. Mrs. Padgett took aroll call vote as follows: couhcilman Harmening - Aye Councilwoman Jackson - Aye Cou~cil~a~ Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ~BEACH, FLORIDA JUNE 15, 1976 Proposed Ordinance No. 76-22 - Re: Rezondmg Certain Property in Plat of Happ~ Home Heights &Poinciana Heights Subdivisions Mr. Reed read proposed Ordinance No. 76-22 i~ its entirety. Mrs. Jackson moved the adoption of Ordinance No. 76-22 on first reading, seconded by Mr. Narmening. Ne discussion. Mrs. Padgett took a roll call vote as follows: Comncilma~Harmening - AYe Councilwemam Jackson - AYe Couneilmam Strna~ Aye Vice Mayor Zack - Aye Ma2or DeLong - Aye Motion carried 5-0. Proposed Ordinance Ne. ?6-23 - Re: City Tree Preservation Ord. Gover~ Protectien of Tree~ Shrubs~ etc. Mayor DeLong a~nounced that he believed there was a delegation present that wanted to speak on this proposed ordinance relative to City tree preservation. Ne apprised ~hese people that there womld be ne discussion on this ordinance because it is first reading. There ~ill be a pmblic hearing on second reading at the second meeting in Jmlyo Mr. Reed asked if they wanted this read in its entire~or by caption only and Mayor DeLong replied that i~ was permissable to read by caption only amd any of those desirous of obtaining a copy may do so. Mr. Kohl added that he would place a copyoon the bulletin board in City Hall. The Council members then agreed for ~. Reed to read the proposed ordinance by caption only. Reed read proposed Ordinance Ne. 76-23 by caption only. Mr. Zack moved for the adoption of proposed Ordinance No. 76-23 on first read~lmg, seconded by Mr. Strnad. Under discussion, ~trs. Jackson remarked that this was exactly the same ordinance they had last year, practically word for word. She thinks they are putting too many roadblocks in the way of the people. She thim~ks the C.A.B. is doing a great deal. This ordinance is going to tell everyone exactly what they can do with their own property. This ordinance is very restrictive. If they came to a big d~elopment, it may be good and she could understand it then. 8he cannot see why these restrictions should be put on. She referred to the builders now being held up 3 to 4 weeks be- fore getting started with the changes in the zoning. This will be amother block. They will probably end up with a tree in- spector. There are too many restrictions. -1t- MINUTES - REGULg~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Mayor DeLong announced that the Chair would like to have the feelings of each individual member of the Council. If this is not the will of the-majority, there is no need to spi~ their wheels. He understood this was requested by the C.A.B. From all indications, the Chair has come to believe the Council mem- Bers have studied it. It does go into a great detail and he think~ it is restrictive. Mrs. Jackson read the minutes from last year when Mayor DeLong questioned its legality an~ she felt~it was too restrictive. Also, Mr. Kohl had copies from other municit~alities last year, bm~ becmuse it was toe restrictive. Mr. Kohl explained asked him te come up with a tree ordi- nance an~ he ~$ of or~imances cities. He tmrne~ these over to the and City Attorney, where it was for ma~y months Necause he said it' would not hol~ in court. He them t~ned it over to the new City At- OrnSy and ms now presenting it to the City Council. The C.A.B. has~inquired mamy times where it is. referred to newspaper articles indicating that Boca few problems with this ordinance. He Mr. Reed clarified that ~o the ordinance presented previ- with the exception of three to four sections amended. It is based en the Boca Raten ¢o~e. Whether hag any test cases, he cannot tell them. Ne per- e~i~ v~e~ m~b,~rs whether this canbe less the teeth. haveinser~ed Bmilding Offioial. Whether has the manpower to enforce and apply is ~ ~ ~onnciI to dec~de. They have ~atterned the e?hapter from Boca Raton. Ne woul~ appreciate beLag ad- if there are any specific questions about any particular restrictive without pu~ing ~, ~armening stated that he feels a lot of similarities between t~is Ordinance and the swimming pool ordinance. He hopes this will not be passed im its present form. This ordinance will c~t everybody more momey. He would like to read a couple of provisions. He read Bection. 6 and referred to the cost. H~ added that with these requirements, b~]ders would move right around Boy~ton Beach to get away from it. Also, he does n~t believe the Building Official ' ~ ~ ~ ..... '~ ' ~ -~ ~ ' ' -12- MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING JBIfE 15, 1976 ordinance. They will end up hiring a Botanist or Forest Ranger. He is not in favor of it at all. Mr. Zack questioned the reaction of~the C.A.B. to this ordinance and Mrs. Jackson asked if they had read it. Mayor BeLong replied that he believed this was everything their hearts desired; it is very restrictive. They can vote it up or down. Mr. Ree~ re- ferred to the C.A.B. requesting this for quite a period of time. However, it is possible they have brought this to the Council ~rematurely. Possibly they should table this until the C.A.B. has reviewed this ordinance and made s~e¢ific recommendations. ~or DeLong amnounced the Chair would accept a motion to table his ordinance with instructions to the City PL~nager to forward ~Opies to each member of the C~A.B. for their stady and recom- mendations back to the City Council. Mr. Zaek so moved, seconded byMr. Strnad. Motion carried 5-0. Mr. Zack suggested that if the Council members had any questions, he thinks they should be turned over to the City Manager as it womld save a lot of time when brought up at the next meeting. Resolutions ProDose~Resolmtion 76-DD - Re: Vacating & Abandoning Ingress E~ress & Utilit~ Easement Within Tract B of Charterworld ~Tabled) Mr. Harmening made a motion to remove this from the table, seconded by Mr. Strnad. Motion carried 5-0. Mr. Reed read proposed Resolution 76-DD. Mr. Strnad moved for the adoption of Resolution 76-DD, seconded by Fm. Harmening. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman H~rmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. Mr. Reed referred to his letter dated June 9 acc~m~m~yiug this resolution and suggested the Council consider passing a motion accepting the Easement Grant which was included with the original -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 resolution. Mr. Harmening so moved to accept the recommendation relative to this easement per Mr. Reed's letter of J~uae 9. Mrs. Jackson.seconded the motion° No discussion. Motiom carried 5-0. Proposed Resolution 76-FF - Re: A~pointin~ City Pl~ner Mr. Reed read Reselutio~ 76-~F. Mr. Zack moved for the adoption of proposed Resolution 76-FF, mec0~ded by Mr. Strnad. Ne discus- sion. Mrs. ?adgett took a roll call voteaS follows: Co~nc-ilma~ Harmenimg - Aye Councilwoman Jackson - Aye Cou~cilmam Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Resolution 76-GG - Re: Accepting United States Eaviron- mental Protection A~enc~ Grant Mr. Reed read Resolution 76-GG. Mr. Harmening moved for the adoption of Reselutio~ 76-GG, seconded by ,Mrs. Jackson. No dis- cussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye CoumcilwomauJackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Resolution 76-HH- Re: Bend Purchase Mr. Reed referred to attaching two alternate proposed resolutions and a letter indicating the distinction between the two alternateS. He suggested that possibly the Council members may want to hear from Mr. ~$~e-~pard prior to the reading of both resolutions. Mayor DeLong added that this was relative to having the firm of Hough & Co. purchase bonds at a set interest rate or the City go into the open market. Mr. Kohl referred to receiving this today at 4:00 P. M. They are talking about a lot of money here. He has talked to the Finance Director and he has not had a chance to review it and also he has not had a chance to read it himself. Mayor DeLong announced that the Chair would like to make a couple of facts known. He stated that the bids have not been awarded yet for this particular expansion of the water plant that this certificate will cover. They do have 40 days from -14- MINUTES - REGULAR CITY COUNCIL MEETING JUk~ 15, 1976 BOYNTON BEACH, FLORIDA the time they receive the bid. At the next meeting, if they do award the low bid, they still have plenty of tim~ for the fiscal agent to go into the market. They would still be able to make it. Ne, th~ it is a little m~fair t~at the members ef the Goun¢il have not had au opportunity to di~est what has Been ~re~ente~.. Mr. Reed replied ~that there may have Bee~' some misunderstaudi~g relative to the time urgency, It partially may be his famlt. Ne did net receive the information for these reselmtiens u~til Yesterday. He felt since the ~ext meeting was mo~ until july 6 that they may wa~t it and he felt compelled to ~re-~ vide alter~ate o~ the resolution. He did net k~oW if Mayer DeLeng aske~ if he to have the Council members digest these? After stmdy, they ca~ call a s~ecial .meetinE~ that he was ~ot suggesting .fha2 ~ffieial acti~ tonight, Ne felt it might be m~Zsrmmt~Ve with digesti~ ~a two~ page resolution to have M~. Sh ~: input to Consider at ithe same t~me~ Ma~or De~ong stated that he k~ew Mr. Shep)~.~d .was connected with a very b~sy firm. particular smtuations arise. It has happened time in the past and he ex- plained. He knows there from every member of the Council inc. luding the Cha~_i~r.. Mr. Zack agreed and referred 2o always getting material from this firm o~ the same day. Mr. Alfred Shep~d~ from ~illiam R, Hough & Co. appeared before the Council. He informed~ the Council that he came te Boy,ton Beach with a sense of excitement, But not with urgency, He came tonight with the thought that his presence would be infor- mative. He didn't have a~y notion that Council would move on it. He makes 2~self available for workshop meetings. Perhaos he should have supplied a covering letter stating they were n~t asking for action tonight. The~ do a lot of work like this in workshop meetinEso He ,ha~ also worked with the City staff. Ne is here on a moment's notice ~whenever the City des±res. He mrges them ~ot to make an instant smalysis. He does ~ot expect them to give a~ instant response. Mayor DeLong referred to their dealings navmng been the last m~mute and Mr. She~. dmsagreed. Mayor DeL~ng continued wi~h re~rring to their forwardin.g com- mumications by Greyhound ~us an~ stated he did not feel this was the pro~er way to ~onduct~usi~ss .in dealing with high finances. Mr. Shep~dd asked how the~ wou~d lake to proceed and Mayor DeLon~ e~Dlai~ed how they coul~ the 6ity [~anager has aopr~ed h for the agenda must be-~u~mitte Tuesday meeting. It would b~ ~ withthi~ policy. Mr. She~ concerned, this was not a last give more notice. He is sure m on many occasions that items on the ~ednesday. prior to the lendid if they wou~d c,omply replied that as far as he was [nuts request for hi~ to be om the agenda. He explaine~ ho~ ~ had besm working in :the area. He is not here for anything ex~pt to make himself available for -15- MINU~ES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 questions. Mayor DeLong assured him that he k~ew how busy he was from experience. However, he has to be considerate and mnderstand the Co~acil's situation. He is serving the City of B~yntonBeach an~ they are serving37,000 people~ Mr. Shep~r~d replied that he wanted to make himself available to them at their convenience. Mayor DeLong a~nounced it would be up to the judgement of the members what they desired to de. If Mr. Shepla~~ wants to fill them in, it is all right. He believes Nr. Kohl will attest to the fact they have bee~ tryi~ te make suitable arrangements. womld like to hear his statement as long as they don't take any official action. She would like to hear any explanation of this. wMayor ~eLeng asked if she was willing to act if the explanation a~ smf~ieien~ and Mrs. Jacksonreplied that she was not going to Mr. Shep~V~informed the Gouncil that they have resolved some of the problems of the ~o~ issue and are working on the offi- cial statement. He explained h°w the interest rate was very attractive compared to ~wo ~o three weeks age. Mayor DeLong agreed a~d referred to reading in the ~all Street Journal how meeting. Mayor DeLong informed him that they woul~have a spec- iai me,ting to take some action, He asksd how~soo~ he would want this partieular meeting se~ up~and ~r. Shep~'d~~ r~lied as soon as possible. Mayor DeL~ng~repl~ed that he W~uld l~ve it. at the discretion of the Ghair tocall a meeting and he wOUldhhear from them. Mr. Shep~asked if they had construction bids in hand for a portion'6f this work and 40 days to award and Mr. Hallmanre- plied that the Disposal Board received bids this afternoon. Nayor DeLong added that they had construction bids for the entire construction and were ready to go. Also, the bid was lower than the one they threw out. Mr. Milton Hallma~ of Russell & Axon appeared Before the Council and referred to having a conversation with the City Attorney and Bond Attorney. Ee wants to re-emphasize the 40 days they have to award the construction contract. He wants everyone to be aware of that. Mayor DeLeng asked if he was prepared with the tabulations of the bid and Mr. Hallman replied: not tonight. ~ayor DeLeng asked if he would be prepared by the special meet- ing and Mr. Hal!m~n replied~ yes. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Other Consider Lease A~reement Between the City & P.B.Co. School F~. Reed read the lease. Mr. Harme~ing moved to approve this lease im principle and the Mayor and City Clerk be authorized to sign it. Fms. Jackson seconded the motion. Mayor DeLeng accepted the motion with the correctio~ that the appropriate City Officials shall be authorized to sig~ it. and Mr. Harmemi~g agreed. Ne discmssien. Motion carried 5-0. Statms ~efLaw Smits - Oo~eilwoma~ Jackse~ (Tabled) L.ma~e a moti~m to remove this from the table, seconded Mrs, Jacksem. Motie~ carried 5-0. Mrs. Jackson referred to receivi_~g the status of the law suits an~ she did not think there, was amy necessity to read it. agreed~and the present time, he thinks amot~ the recommendation of the City up. a procedure of submission of pend- ~He requested Mr. Reed to r~ his letter dated June 14, 1976. Mr. the mey announced the Chair at this time would accept a in total received from June 1~, 1976, information to the City Attor- on law suits. Mr. Strnad so Under discussion, Mrs. Jackson them enough information possibly m~dng a report ~n't believe they have to be like ~o know if the case has come she asked about the status .. Kohl on Monday and asked it have been settled that a~ occ~asional report. Reed has been the City At- Manager ~d Council members have receive~ continuous his ing an update to mean all ~ent of the mover ~e City Attorney that she had he would come in that it seemed -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, t976 to be the gener~ consensus that it is not necessary. They are voting on the recommendatioms as contained in thecommu~i- cation. Mrs. Padgett then took a roll call vote as follows: Councilman ~rmening Aye Councilwoman Jackson Z Aye, but when she wants to find out something, she will call him and ask him. Councilman Strnad - Aye Vice Nayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Amendment to Contract of Sale (City-Goldbergs~ et al) Mr. Reed referred to preparing a Deposit Receipt and Contract for Sale and Purchase at the directio~ of the City Council for the property owned by Goldberg and S~yder. That contract was executed by the sellers, but provided for a closing date of June 15, 1976. He has prepared an amendment to the contract extending the closing date to September 15, 1976, and the amend- ment has been accepted by the sellers and he has submitted this to Council tonight for their consideration. Mayor De,Long referred to the Council having had considerable time to study, this and an~ounced a motion was i~ order to'accept the amen~men~ recommended by the City Attorney and as proposed by the owners and to spread the mmendment upon the minutes. F~o Zack so moved, seconded by Mr. Strnad. The amendment reads as follows: ~'I. P~ragraphNo. 4 of the aforesaid contract entitled "GLOSING DATE:", is hereby amended to read as follows: "4. CLOSING DATE: This contract shall be closed and the deed and possession shall be delivered on or before the 15th ~y of September, ~976; unless extended by other provisions of this contract.'~ In all other respects the term~ and conditions as originally set forth in the aforesaid contract are ratified and con- firmed." Under discussion, Mr. Reed referred to the second paragraph in his letter asking for direction from the Council relative to the request ma~e by the sellers, attorney concerning the appropriate proration date to be used at the time of closing. The sellers' attorney has alleged that the proration date should remain at Ju~e 15. He pointed out that his clients will be unable to ob- tain any income from the property during the period of extension, while at the same time incurring additional expenses to protect the property during this period. Based on the taxes as estimated, -t8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 the differen~ei~ prorating real property would be roughly $960. He would like to respond to the sellers' attorney's request that letter. Mayor DeLong replied that it would appear to the Chair that this particular request should be at the time the deal is consummated, They have every reason to believe the deal will be consummated, but there is an outside chance it will not be consummated. He Believes they shomld possibly hold that in abeyance until that takes place. Mr. Reed clarified that he lieved he was asking that if they close this transaction, what would be the cutoff time to which time the clients will be re- sponsible for taxes. M~or DeLong replied that there was no ration date as originally his clients and wanted the COuncil would agree. ceived negat&ve responses. Council did ~ot want to enter reason why'it cannot be taksncare of s~mmated. M~yor DeLong clarified that the amendment as submitted a~d leave as the ad valorum ~so JaCkson and re- the te accept insofar ~2 with OLD BUBINES$ Bicentennial Report on Naming of '~Boat Ramp Canal" Park Mr. Kohl referred to this being taken care of. Consider F~] Subdivision Plat for Lake Worth Mariner Village Mr. Kohl referred to the City Council accepting the preliminary plans for this at the regular meeting of January 20, 1976. The Planning and Zoning Board recommends approval of the final plat for this with the stipulations regarding setback lines as o~t- lined in their minutes of March 25, 1976. He has had the Certi- fied plat map available for review. If Council approves this request, the City Attorney should be directed to prepare the appropriate ordinance for the next meeting. Mrs. Jackson moved to accept the recommendation of the Planning and Zoning Board for the Lake Worth Mariner Village with the stipulatio~ that it shall be in accordance with R-1 requirements in this R-3 zone with setbacks of 15 ft. in the rear from the high water line and 35 ft. in the front from the center of the road with the exception of the cul-de-sac an~in that area will be 10 ft. from the cul-de-sac right-of-way. Mr. Str~ad seconded the motion. Mayor DeLong clarified that it had been moved and seconded t~ accept the recommendation as prescribed by the Plan- ning & Zoning Board. No discussion. Motion carried 5-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Conside~ Rezoning Request (Mr. Joseph Cogen) ~or DeLong referred to the minutes from the Planning & Zonimg Board. Mr. Zack moved to accept the recommendation ef the Planning & Zoming Board in regardS to the request of Mr. Joseph Cogen. ~. Harmening seconded the motion. N~yor DeLong requested that the motion from the Planning & ZOning Board minutes be spread upon the re¢or~ of this meeting and Mr. Zack agreed. (The e~ce~contaiming this motion is attached). Motion carried 5-0. Pension ~ommittees - Ma~or Joe DeLong Delete~ N~ BUSINESS Consider Request of Sea Mist Marina ~. Kohl informed the Council that the Planning & Zoning Board recommends approval of the renovation om this property. Ex- cerpts from the Planning & Zoning Board meeting minutes of May 25, ~976, explaining their action on this request have been given to the Council members. He is in receipt of the legal survey, site plan and elevation plans. Mrs. Padgett advised the Council that two people had requeste~ ~o speak on this s~bjeet. Mr. Handler appeared before the Council and stated he was present to answer questions if neces- sary. Mrs. Jackson movedito approve the recommendation of the Planning and Zoning Board amd accept the proposed plans for the Sea Mist Marina as presente~. ~. Zack seconded the ~iom. No discus- sion. Motion carried 5-0. ~nsider Preliminary S~bd!vision Plat for Gulfstream Estates Mr. Kohl informed the Coumcil that the Planning & Zoning Boar~ met on F~y 25, 197~, as indicated in the excerpt from the meet- ing minutes and reeommend approval of the preliminary subdivi- sion plat for Gulfstream Estates. He is in receipt of the ori- ginal site plan. .Mr. Zack moved to ~¢cept the subdivision plat as recommended by the ?lauming & Zoning Board for Gulfstream Estates. Mr. Strnad seconded the motion. ~o d~scuss~o~. Motion carried 5-0. ADMIN IS TP~T IVE MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL MEETING JUNE 15, 1976 Approval of City Manager's Recommendation Regarding SCRWTDB Mr. Kohl read his attached memo dated Jmme 9, 1976. He added that a letter has been forwarded in regards to the regional plant. Mayor DeLeng suggested am inclusion in this particular recom- mendation that at the time the C.E.O. submits payments of drafts that they do not have to wait for Council action a~d the City M~anager can go in and pay the amount due on behalf of the City. Mrs. Jackson moved to approve the City recommendation insofar as the City Manager u~em the submission by the 't, draw, or esti- mate, to have that payment immediately from the Fin~uce Director. Mr. Zack seconded the mo~ion. Under discussion, Mr. H.ar~eni.~. suggested setting~uD a definite arrangement and authorizing it clearly, ~ayor DeLo~g added that this recommendation should be put in the form of a resolution and the legal verbage will be taken care of by the City Attora?y w~th the City Manager's recom- mendations,. H? suggested imclndi~g ~n the motion that the appro- Priate resolution shall be drafted by the City Attorney smd Mrs. JaCkso~ agreed. Motion carried 5-0. Re~uest~ ~uthorization - Bikeway Constructiom Mr. Kohl referred to fu~s being encumbered from last year's budget to complete this project. He weald appreciate Council's approval of this project in the amount of $2,885.40. Mrs. Jackson moved to accept the recommendation of the City Manager relative to authorization for bikeway construction, seconded byMr. Zack. No discussion. Motion carried 5-0. Request.Authorization to Go Out For Bid For Construction of Driveways & Par~in~ @ Sewage Treatment Plan~ Mr. Kohl informed the Council that the roadways and parking areas at the Sewage Treatment Plant were only seal-coated. This was in accordance with the specifications and bids received. The paving was not put on because it was ~elt that the City could get it done cheaper tha~ to have Peabody Peterson or West Con- struction get a bid from a paving contractor and then add their percentage on top of it. Estimates for materials and costs for this project: 5800 sq. yds. @ 1.40/s.y. m $8,120. He respect- fully requests authorization to go out for bids on this project. Mayor DeLong asked if funds were available and Mr. Kohl replied: yes. -21- MI~UJTES - REGULAR CITY COLrNCIL MEETING BOYNTON BEACH, FLORIDA J~NE 15, 1976 Mr. Zack moved to accept the City M~nager,$ recommendation to go out for bids for construction of driveways amd. parking at the sewage treatment ~lamt, seconded by Mr. Strnad, Under discus- mien, Nr. Kohl added that with the seal-coat, they could go in amd overlay now withsut a~ywork at all. Motion carried 5-0. ~ensi~er Reqmest of Mr. Paul S¢o$~ins - Change ef Street Name Mr. Kohl referred to correspondence from Mr. Scoggins which is self-explanatory. If Cem~eil approves this change in the street ~ame, he will take the appropriate action with the County E~gi- nest's office, etc. te accomplish this. Mrs. Jackson me,ed to accept the request of Mr. Paul Scoggins and change the name from Charter Drive, North, to West-Winds Boulevard, North, and the City Manager shall take the necessary steps with the Geumty Engineer. Mr. Strna4 seconded the motion. Mayor D~Lomg clarified that it had ~een moved and seconded that the City Couacil approve the request of Mr. Paul Scoggins for the .cha~ge of the street name .and the City Mamager is to follow thramgh~ith all %he necessary iz~formation with'the Couaty Engi- neer. Mr. Reed added that probably they should have a resolution. Motion carried 5-0. ~.z~.or DeLo~ suggested instructing the City.~an~ger to have the City Attorney draft the appropriate resolutzon and Mrs. Jackson agreed~ to ~clude it in the motion, Accept Resignation of Mm. Ray Keirnan, C.A.B. Member 1~i Consider Appointment for Above C.A.B. Member 2. A~intment to Board of Adjustment Mayor ,DeLong a~uouncedaa motion was in order to accept the resig- nation and forward the customary letter of thanks to F~. Keirnan for the se~vice~ he has ~erformed for the City and also to aP- point the ~ternate member, Mr. Herbert Rigby, as a regular mem- ber. Mr. Zaek so moved, seconded by Mr. Strnad. Motion carried 5-0. Mayor DeLong announced they would fill the alternate,s vacancy at a later date and Mr. Harmening referred to the recommendation submitted by the C.A.B. for an alternate member. 1~. Harme~ing moved to appoint Mr. Anton Noel, if he will accept~ as the new alternate member of the C.A.B. to replace Mr. Rigby. Mrs. Jackson seconded the motion. Motion carried 5-0. ~yor DeLong declare~ the nominations open for the appointment of a member to the Board of Adjustment. ~. Strnad nominated Mr. Albert Caravetta of Golfview Harbour. Mrs. Jackson moved that the nominations be closed, seconded by ~. Harmening. Motion carried 5-0. -22- NINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Mr. Zack made a motion to appoint Mr. Albert Caravetta as au alternate member to the Board of ~Adj~stment to fill im the re- maiming term of Mr. M~rtin Bark_in. Mr. Strnad seconded the motion. Motion carried 5-0° ApplicatiQn for Permit to Solicit - VFW Bo~ynton-La~t~ua Aux. 5335 Mr. Kohl informed the Council that everything was in order. Nfs. Jackson moved to grant the permit to the VF~ Boynton-Lantana Auxiliary 5335, seconded by Mr. Harmeni~g. No discussion. Notion carried 5-0. OTHER Signs Alon~ U. S. 1 Mr. Kohl referred to D.O.T. coming to Lee him in regards to U. S. 1. They have informed him that subject to Council's approval, they will go along with just about a~ything Council wants. If th~ want to keep it status quo as far as no parking signs, they wi~ go along with it. He ca~ send a letter to D.O~T. to have no parking signs put up or taken down. Mrs~ Jackson asked what he was talking about and ~. Kohl ex- plained how U. S. 1 had been cleaned up in the Fort Lauderdale are~. Mayor DeLong referred to the amount of limited off-street paring and stated it would appear it maybe a hardship to the businessmen in town. It is his understanding that as long as the ~e is no unified effort on the part of the City to request it fro fic who the ~arking on the entire length of U. S. 1 through the City, ~ill not be done. Eowever, if there are requests received different individuals requesting no parking signs in speci- spots that D.O.T. will come ~ud make a ~urvey snd determine hher or not no parking signs will be permitted. He thinks should let this rest with the City Manager. May~r DeLong announced a motion was in order with regards to auy~ne r?questing no parking signs on U. S. I fortthem to apply to ~he C~ty Manager, who will channel the request to the proper to make a survey a~d give a decision. M~s. Jackson so , seconded by Mr. Zack. No discussion. Motion carried on Intracoastal Waterway referred to Mr. Chandler's request at the last meeting. informed the Council that Mr. Rogers was in his office today left a form. He then read this form regarding regulatory ~s on the intra¢oastal waterway. -23- DeLong MINUTES - REG~I,~ CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA JUNE 15, 1976 M~yor DeLong referred to ~. Chandter's display at the last meeting and anno~u~noed the Chair would accept a motion to for- wa~d a cody of this to Attorney Chandler. Mr. Strn~ so moved, seconded by Mr. Zack. Mayor DeLong clari£ied that it had been moved and seconded to forward to Attorney Chandler a copy of this communication received from the Florida M~zrine Patrol r. ela- tiv*. to who has jnrisdiction and control on the intracoastal See waterway by certified returm receipt. Under discussion,-$r-~ayor Mins ~ remarked that ~he believes this was like a piece of 7/6/76 ~roperty amd the buyer must beware. Mr. Strnad stated that al- thougkt.~ he wants to send a letter to Mr. Chandler, he does not agree with w~a~ they say. Ee explained this fur%hero DeLeng referred to the State Legislature mha~ging their xee±ings oa the regulations. Mrs. Jackson referred to the enforcement stated im the City ordinance and stated she thought the ordi- nance was faulty. Mayor DeLong a~ee~ that i% may be ~aulty in e~tai~ respects, roe for controlling juris- discbion here. The ~o~u!d be by aa act o ~Trs. Jackson re- ferre~ ~o boat smgn ~ad admitted ~O him that waterway .m~ N~r~ C~u~ ~y. Mr. Kohl iuforme D~_~l~a~ Beach has mamy have lost every case when ~ %hem to court. Motio~ carried 5-0. Approval of Bills F~.. ~E~hl mea~ ~he following bills for payment and requested ~at No. 5, Allen Insurance Agency, be deleted until the next m~e~ing: & Inv. plans and specs for Wells No. 12, 13 ~nd 14 PaY from Utility General Fund 030-205 Authorization dated 5/4/73 $ 2,050.12 e Rmssell & Axon 6858-7-CP Imv. #22 Engineering services for testing and location of new water fields Pay from Utility Gemeral Fu~d 030-205 Amthorization dated 11/7t 1,323.82 Russell & Axon 6858-4A-II-CPS Imv. #12 Somth Central--Regional Lift Stations and Force Mains Pay from Utility General Fund030-215 Authorizatiom dated 1~/71 13,957.05 Russell & Axon 6858-4-III-CP Inv. #26 Upgradimg existing Wastewater Treatment Facilities PaY from Utility General Fumd 030-215 Authorization dated 1~/20/73 1,617.45 ~NUTES - REGULAR CITY COUNCIL M~TING BOI~NTON BEACH, FLORIDA JUNE 15, 1976 6. Motorola~ Inc, 2,178.00 Radiosfor Police Dept. vehicles Pay from budgeted funds 021-800 State Contract #764-10 7. A~ 2,350.00 new rooms in Council Chambers Pay from budgeted funds 001-812.59 Council approved 3/2/76 8. Iuteriors 1,239.00 Chambers and General Pa~ from buds Council approved 3/2/76 001-813.70 - 999.00 001-850.71 - 240.00 9. Hardrives 32,833.14 Site Improvements, General Services Facility Pay from Federal Revenue Sharing Fmmd 020-830 Bid accepted 1/27/76 I0~ Cynthia Lewis 86.40 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fuud 020-880 Ordinance #73-15, passed 5/15/73 11. Isiah Andrews 81.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fu~d 020-880 Ordinance #73-t5, passed 5/15/73 12. IBM Corporatiem 3,569.11 Shipping, May rental (pro-rated) and June Rental of computer Pay from 001-890.38 Bid accepted 9/30/75 13. Adams Chevrolet Co. 8,022.20 2 Nova Coupes for Police Department Pay from budgeted funds 020-800 Bid accepted 2/23/76 t4. Alsay Pipoin Corp. 6858-6 Est. #6 31,3t7.56 Wells #12, 13 and 14 Pay from Utility General Fund 030-205 Contract dated 5/2/74 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director; funds are available in their respective budgets. Mr. Kohl recommends payment of these bills. MINUTES - REGUD~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 15, 1976 Mr. Harmening stated that it seemed to him before payimg the bill from Gonsman Interiors for $1,239°00, he thinks the drap- eries ~hould be made straight om the bottom. ~. Kohl replied that he would see what could be Mayor DeLeng annoanced a motion was i~ order to pay the bills as submitted and lay on the table No. 5 from Allen Insurance Agency an~ withhold payment to No. 8 from Gonsman Interiors until such time as the drapes are installed to better 'satisfac- tion. ~. ~,ack so moved~ seconded by Mr. Str~ad. Motion car- ried 5-0. ADJOURNMENT Mr. Harmeming moved to adjourn, seconded by Mr. Strnad. Motion carried 5-0 amd the meeting was properly adjourned at 10:50 P.M. CITY OF BOYNTON BEACH, FLORIDA BY for ~or ATTEST: ~ City ~lerk ~ Recording Secretary (Four Tapes) C~unc il Member -26- MINUTES PAGE THREE PLANNING & ZONING BOARD JUNE 8, 1976 Cogen Annexation Congress Ave. & S. W. 23rd Ave. Rep. - Charles Fronrath Chairman Kellyread a paragraph from the minutes of May27 in reference to Mr. Frenrath calling him. ~. Ryder pointed out that the zoning change and density were very important. Chairman Kelly suggested hearing from Mr. Fronrath. Mr. Fronrath referred to when Mr. Cogen first made his appli- cation for zoning and requested~-l. At that time, the Board suggested R-1AA instead. Mr. cogen thought it might be possi- ble and agreed, but with the new zoning 10 ft. side setbacks are required versus 7½ ft. He explained how this land was costly to develop. His cost is going to run better than $11,000 per lot. He does not want high density. He is look- ing for three homes per acre. Now, they are asking for R-lA, which will be far below what the land plan calls for in the County. The County will give 3½ to 4in single family. On a PUD, the City did not agree. They ~re asking for R-lA on this south parcel, approximately 86 acres, across from Milnoro He knows there is a member on this Board who does not want C-3 on Congress, but due to the loss they are going to have with the lake, ¥~. Cogen would be better with commercial. Along Congress, he is willing to build a wall with beeutiful landscaping to make it a thing of beauty along Congress Avenue. They are asking for R-lA on the south tract. He realizes that R-lA calls for a 60 ft. lot. His plans will require 67 ft. lots. It will be something on the order of Camino Woodsj Which are on 60 ft. lots and sold for $50,000 and are completely sold out. He passed a brochure on Camino Woods to the members~ They also understand that the new City ordinance will require an area for a park. ~. Lambert advised that he talked to l~. Collins, Director of County Pls~ing, and went over this with him. Under R-lA, it would fall in exactly what the County is r~commending for that land according to Ym. Collins' opinion. It means this property does not decrease nor increase under R-lA. Chairman Kelly added~that this would comply with Item No. 2 which Mayor DeLong requested action on. Mr. Fronrath continued that he planned to have a gate watchman. It will be a community with an organization to mow the lawns, attend the lakes, etc. it will be a thing of beauty. Mr. Ryder clarified that his objection was to having homes face or back up on Congress Avenue. Mr. Fronrath informed him that a buffer area of trees, shrubs and a wall was planned. Mr. Winter pointed out with a buffer wall, there would not be an entrance into the property from Congress Avenue and M~. Fronrath replied that he did not think he wanted an entrance from Congress Avenue. N~. Ryder continued that he was still MINUTES PLANNING & ZONING BOARD PAGE FOUR JUNE 8, 1976 interested whether besides just the wall and vegetative buffer if there would be something to set the homes back and ~. Fronrath replied that they didn't want homes to back up to Congress Ave. There will be a buffer area of landscaping. He could not sell houses along Congress Ave. Mr. Ryder re- ferred to co~ug to a decision on the zoning and stated as far Ks treatment, he would like to reserve that until they see the site plans. ~. Ryder then asked if they had established formally the zoning for both tracts and Chairman Kelly replied that as far as he knew, the City Council has not accepted any reconn~endation on the zening as yet. He believes Mr. Fronrath contacted the Building Official and word was passed. Mr. Schmidt informed him that his instructions were to remind the Board that the density prescribed by the County for this area is 4½ per acre and they cannot upgrade nor downgrade it. Mr. Winter agreed it could not be increased nor decreased unless they make a request to the County. ~. Fronrath informed them that he talked to the County Attorney, M~. Libertti, and Mr. Collins and was advised that according to the statute they would have a problem if they increased the density, but would have no problem if they decreased it. Mr. Winter agreed that the statute stated they could not increase for two years and then it was up to the City Council whether they wanted~ to change the zoning~ ~. Lambert referred to the County figure of 4½ and questioned where this came from? He was told 3½ to 4 uni~this afternoon by ~, Collins. Mr. Fronrath agreed he was informed 3½ to 4 by the County and referred to the letter from M~. Collins. Chairman Kelly suggested that M~. Fronrath ask for confirmation in the form of a letter to have ready for the City Council and ¥~. Fronrath agreed. Mr. Ryder then asked about the plans for the northern tract and Mr. Fronrmth informed them that they w~nted to leave it the same as before with C-3 to a depth of 335 ft. On this tract, there will be a larger lake with a boat ramp. They want R-lA ~or ~his ~rac~ ~lSOo ~. Ryder clarified they were requesting R-lA for both tracts except for the commercial on the north tract. Mr. Ryder asked if the necessary forms had been filled out and ~ Fronr~th informed him the original application had been in over a year. He explained that he had it deleted from the last Council meeting and the Mayor suggested coming back to this Board with the R-lA request. The original application is still active. ¥~. Lambert asked ~he approximate number of dwellings in the south tract and Mr. Fronrath informed him there would be approx- imately 220, a little under 3 per ac~e, and the same in the north tract. M~. Lambert asked about the area set aside for MINUTES PLANNING & ZONING BOARD PAGE FIVE JUNE 8, 1976 recreational purposes and computed 2½ acres for each tract. He then fully explained the formula for computing the recrea- tional area. Mr. Fronrath informed him that they would follow the formula and definitely want recreational areas. Mr. Ryder made a motion to recommend to the City Co~uucil appro- val of the request for the zoning requested by Mr. Joseph Cogen along the following lines: South tract, which is bounded by Congress and 23rd Avenues, be zoned R-lA. Metes and bounds: approxi- mately 1997 ft. fronting on Congress Avenue and approximately 2016 ft. on 23rd Avenue. Total area of approximately 86 acres, which does not include approximately 5 acres in the southwest corner. North tract, fronting on Congress Avenue for a dis- tance of approximately 2663 ft. and on 23rd Avenue approximately 2016 ft,, fronting on Congress for full extent and running west 335' ft., excluding dedicated right-of-way for Woolbright Road and less a strip approximately 2016 ft. running west and approximately 173 ft. running along Congress Ave., to be zoned C-3. Also to be zoned C-3 the area north of Woolbright Road facing approximately 172 ft. on Congress Avenue and the approximate I acre parcel to be donated to the City for a water tower, lying north of Woolbright Road approximately 300 ft. from Congress Avenue and running west approxi- mately 300 ft. and north approximately 173 ft. The remainder, approximately 80 acres, to be zoned R-lA including that portion south of Woolbright Road and west of C-3 area. The above said description is more specifically identi- fied on the sketch of survey dated 9/26/75 prepared by Schwebke-Shiskin & Associates, Inc. per Order Nos. 125119 and 125120. Mr. Winter seconded the motion. Under discussion, Chairman Kelly requested that the record show that the above noted survey sketch was given to the Deputy Building Official to be kept with the rest of the papers mn the file. ~. Ryder asked if it was nec- essary to include in the motion the matter of density and Chair- man Kelly replied that the applicant would abide by the density discussed earlier ~ud if necessary, obtain a letter from Mr. William G. Collins, II, Director of Planning, Palm Beach County. ¥~. Lambert referred to them being aware that written approval was necessary to raise or lower the density. Mr. Fronrath in- formed them that he would get written confirmation that this con- forms with the County. Motion carried 5~0.