Minutes 10-21-86MINUTES OF THE REGULAR CITY COUNCIL MEETING
HELD A~'CITY HALL, BOYNTON BEACH, FLORIDA,
TUESDAY, OCTOBER 21, 1986 AT 7:30 P. M.
PRESENT
Nick Cassandra, Mayor
Carl Zimmerman, Vice Mayor
Robert Ferrell, Councilman
Ezell Hester, Councilman
Dee Zibelli, Councilwoman
Peter L. Cheney,
City Manager
Betty S. Boroni, City Clerk
William P. Doney,
Assistant City Attorney
Mayor Cassandra called the meeting to order at 5:30 P. M.
~fter a-moment of silent prayer, the Pledge of Allegiance to
the Flag was led by Peter L. Cheney, City Manager.
AGENDA APPROVAL
For the information of the audience, City Manager Cheney
read the list of Agenda amendments and additions he had sent
to the Council by memo dated October 20th. In addition to
this, he added a bill for $13,400 from Booz, Allen, and
Hamilton, the City's Communication Consultants under "IV.
CONSENT AGENDA, P. Approgal of Bills."
Councilwoman zibelli wished to have discussion on "CONSENT
AGENDA, D. Development Plans, 1, Request for site plan
approval submitted by Len Kirscke, Agent for Leonard
Briscoe.
Councilman Hester moved to adopt the Agenda as corrected.
Councilman Ferrell seconded the motion, and the motion
carried 5-0.
ANNOUNCEMENTS
Mayor Cassandra announced that the next Council Meeting will
be Wednesday, November 5, 1986, since November 4, 1986 is
the General Election.
Proclamations
Mayor Cassandra read the following Proclamations:
a) National Business and Professional Women's Week -
October 19 throuqh October 26, 1986
Mayor Cassandra presented a copy of the Proclamation to a
representative of the Boynton/Lantana Business and
Professional Women's Club.
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b) Post Anesthesia Care Nurse Day - October 24, 1986
c) Veteran's Day - November 11, 1986
CITY MANAGER'S REPORT
Variety Of Newspaper Articles Relating To Marina Project
And Its Relationship With The New Location Of The
Intracoastal Bridqe
City Manager Cheney informed the Council that a conflict
developed with the design of the marina with the bridge.
There were two meetings between the marina developers and
the Department of Transportation (DOT). Apparently, some
design changes have been made in that conflict area that will
affect minor design changes relative to the bridge and design
changes with the marina project, so both projects can go
along and meet their objectives.
City Manager Cheney said this means.the marina project will
continue to have the restaurant, the shops, the parking
garage, hotel, and boat slips. There is some minor difference
relative to the acquisition of rights-of-way for the bridge.
They may be involved in acquiring their rights for easements
back and fOrth but, as far as City Manager Cheney knew, that
was not definite.
City Manager Cheney reported that a three-party proposed
agreement has been drafted that he did not think anybody had
agreed to yet. In principal, he gathered DOT and the marina
people agreed that they can make changes. Within the next
week or two, City Manager Cheney anticipated there would be
additional meetings. The City would like to have one between
the City and DOT directly, so the City will know what is
being talked about.
As far as what City Manager Cheney knew about the current
status of the discussions, it looks good and positive. He
was amazed that DOT acted so rapidly but said there were
some financial advantages for them to cooperate with the
marina from the point of view of' land acquisition.
Tri-County Commuter Rail Proposal
City Manager Cheney advised plans are actively proceeding for
the Tri-County Rail, which is to be in operation in about
1½ years, at about the same time that 1-95 will be under
construction. With 1-95 under construction, it is predicted
it will take twice as long to get to Dade County as it does
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OCTOBER 21, 1986
at the moment. That is the reason the Tri-County Rail was
proposed. At the same time 1-95 is under construction,
City Manager Cheney said many of the other north/south roads
will also be under construction.
City Manager Cheney reported that the Legislature and the
three Counties have approved monies for Tri-County Rail, and
a Commission of six people is working with DOT to develop it.
Two of the representatives of the Commission come from Palm
Beach County (Ken Adams, Palm Beach County Commission, and
a man City Manager Cheney identified from Boca Raton).
The two Commissioners and the Engineering Staff from Palm
Beach County had a meeting this month to talk about specific
rail locations, as much as they could. In regard to Boynton
Beach, City Manager Cheney pointed out to them that the old
railroad station is owned by Four Steel and, therefore, is
not a logical place for a stop, and he explained why.
The Council received a letter some time ago from Bill
Winchester indicating some interest he had in helping to
develop a park and rides rail stop south of Woolbright Road.
That was reported to the group on Monday. City Manager
Cheney also reported that Deutsch Ireland has offered in the
range of 3/4 of an acre as a temporary stop for the rail, on
their land, west of Seaboard and north of 22nd. They can
plan to have a stop there with 70 to 100 cars.
City Manager Cheney continued by saying obviously, a lot of
plans for the Tri-County Rail have not been made yet. It is
an evolving situation, and he will keep the Council up-to-
date as they go along. It looks like the Deutsch Ireland
property is the best place for it, and City Manager Cheney
explained. He added that some kind of commuter bus lines
will be coming in from the west.
Golf Course
There are now 743 active permit holders in the golf course
for 1986/87.
The report was accepted as presented.
PUBLIC AUDIENCE
Mayor Cassandra announced that anyone wishing to speak on an
item not on the agenda could do so now. He preferred that
they fill out one of the forms at the back of the room but
said they would be allowed to speak after the people that
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OCTOBER 21, 1986
filled out forms. Anyone wishing to speak on an item on the
agenda should fill out a form and they will be called when
that item comes up. He emphasized that no one could speak
during first reading of an Ordinance and must wait until it
comes before the Council for second reading.
Veteran's Day
Bob Borovy, 2521 S. W. llth Street, Past Commander of
American Legion Post 164, and the Chairman of Boynton
Veterans' Council explained why they would be celebrating
Veteran's Day on Sunday, November 9, at Bicentennial Park.
at 10:00 A. M. He hoped to see everybody in attendance.
Model Block
Michele Costantino, 155 Flamingo Drive, Chairwoman of the
North Boynton Community Improvement Association (NBCIA)
thanked city Manager Cheney for the assistance he and the
City personnel gave them for their model block program.
The Public Works Department did an outstanding job. ~The
extra effort was appreciated by all of the concerned citizens
on the model block.
Rental Registration Guidelines
Ms. Costantino brought to the attention of the Council a
borrowed idea called "Rental Guidelines for Landlords and
Tenants in the City of Lake Worth", which was something she
and Councilwoman Zibelli had been working on.
By registering rental units and single family homes, Ms.
Costantino said it would allow the city to have a rough idea
of how many and what kind of units are available. It would
also help Codes Enforcement in their job of monitoring Code
violations. Once a rental is cited, the landlord's license
could be suspended, which would suspend operations of the
unit until the violation is corrected. If the violation
continues to go uncorrected, the license would be revoked,
and the unit would have to remain empty.
Ms. Costantino pointed out that it would also be deterrent
in overcrowding, an asset in controlling the problems of
unpermitted building additions, fire hazards, trash and
garbage pickup, etc. Within the boundaries of their Associ-
ation, one of their constant complaints is about unmain-
tained or overcrowded rentals, and she expounded.
Vice Mayor zimmerman asked if this would have to be in the
form of an Ordinance. Mayor Cassandra replied that it would
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OCTOBER 21, 1986
have to be investigated. Councilwoman Zibelli told the
Council it was obtained from Lake Worth only as a guideline.
Mayor Cassandra was positive City Manager Cheney had made a
note of this.
Fraternal Order of Police (FOP) District ~4 -
Go Kart Race, Saturday and Sunday, November 1 and 2 at
South Tech Education Center
Lloyd Powell, President of the Fraternal Order of Police
Associates, Gold Coast Lodge #49, Boynton Beach, said
spectator admission to the race will be free. The pit area
opens at 8:00 A. M., Saturday, November 1, with practice
runs on the track at 10:30 A. M. The first race starts at
12:00 Noon, with the last race ending at approximately
4:30 P. M. The same schedule will be in effect on Sunday.
FOP, District #4 invited the Mayor and other City Officials
to take part in the ribbon cutting ceremony on Saturday,
November 1 at 11:45 A. M. and to also take a go kart ride on
the course, if they desired. Trophies will be presented at
the end of each race day, and food and drinks will be
available from their concession stands on both days.
Mr. Powell thanked City Manager Cheney's office for their
help in making this first annual Palm Beach Grand Prix race
a reality. It was sanctioned by the Florida Grand Prix Go
Karters and is the second of seven in the 1987 racing season
in Florida.
Garbage and Trash Disposal, Maintenance of Vacant Lots,
and Crime in the Northwest Section
Gloria H. Skinner, 806 N. W. 4th Street, President of the
Concerned Citizens for the Betterment of Boynton Beach, said
their main objective is to devote concentrated efforts to
the way of life and enhance the appearance of their neighbor-
hood with their main focus being the northwest section of the
city.
In this regard, Mrs. Skinner said they were requesting the
support and assistance of the City to increase resident
awareness regarding proper garbage and trash disposal and
proper maintenance of vacant lots. She asked that the City
impose stricter enforcement of its trash collection rules
and regulations, stiff fines on habitual violators, and that
the City distribute copies of the trash collection rules and
regulations to lawn service and landscape companies who are
licensed within the City.
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OCTOBER 21, 1986
Mrs. Skinner also asked that the City permit them to hold a
Citywide Rid Litter Day with that day being proclaimed by
the Mayor with a designated date late in November. She also
asked for the City's assistance to make the undertaking
successful.
In the past, Mrs. Skinner said they had stated their concerns
about the sales of open drugs on the City streets. The
intersection of North Seacrest Boulevard and Martin Luther
King Boulevard has been identified by the Police Department
as a major crime area. Mrs. Skinner said they would like to
have something done to combat the crime there.
Mrs. Skinner said they were proud of the efforts taken by
the NBCIA and said her grou~ was standing before the
Council, committed to assist the Police in undertaking some
efforts north and south of the Boynton Canal so that they
can enjoy some of the things the NBCIA has.
Mrs. Skinner continued that they would like to see increased
patroling in their area with the institution of roadblocks.
They feel it is vitally important that steps should be taken
to stop the criminals in Boynton Beach, but something has to
be done from the users. Without the users, there is no
market for the pushers. Mrs. Skinner said they would like
to see the City institute some type of ~rogram whereby the
users and the families of users can be counseled, and she
expounded.
Because drug addiction is an illness, Mrs. Skinner said they
feel the City can combat the crime by also helping to cure
ths users. They think this can be done with the cooperation
of the churches in the area, and they feel the City can be
th~ best body to get them together.
As no one else wished to speak, THE PUBLIC AUDIENCE WAS
CLOSED.
CONSENT AGENDA
A. Minutes
Regular City Council Meeting Minutes of
October 7, 1986
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OCTOBER 21, 1986
B. Bids
Boynton Beach Municipal Facilities Phase I
Communications and Dispatch Center
The Tabulation Committee recommended awarding the bid to
Seppala & Aho, Hypoluxo, Florida, in the amount of $939,000.
City Manager Cheney forewarned everybody that the City was
starting two years of chaos. People will have to park in a
different place than they parked before, and many will have
to walk a distance. Hopefully, this week or by the first of
next week, the parking lot between City Hall and the Fire
Station will be closed off forever, as the City begins the
construction of its added facility. There will still be
visitor parking on the west end of the building, and the
limited disruption people will see for the next three or
four months will only be minor to the construction they will
see 1½ years after that. City Manager Cheney elaborated.
e
Boynton Beach Municipal Facilities Phase I
Temporary Parking Lot
The Tabulation Committee recommended awarding the bid to
Weekley Brothers, Inc., Hallandale, Florida, in the amount
of $67,754.55.
Purchase of two Eimco Bearings for South & East
Clarifiers/Sole Source Purchase - Amount $17,300
plus installation expenses (amount included in
approved 86/87 Budget)
The Purchasing Department concurred with the request in the
memo dated October 20, 1986 from Robert L. Kenyon, Supervisor
of the Water Treatment Plant, to purchase the bearings from
Eimco Process Equipment, P. O. Box 300, Salt Lake City, Utah
84110.
C. Resolutions
None.
D. Development Plans
Consider request submitted by Len Kirscke, agent for
Leonard Briscoe for site Dlan approval to construct
a 5,320 square foot mixed use commercial building on
.66 acres on the west side of U. S. Highway 91,
approximately 1,125 feet north of Gulfstream
Boulevard
The Planning and Zoning Board unanimously recommended
approval of this request, subject to staff comments.
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OCTOBER 21, 1986
Councilwoman Zibelli was concerned about whether the name
of this center had been changed. Mayor Cassandra informed
her it had been changed to "Briscoe Center." Councilwoman
zibelli agreed to leaving this on the Consent Agenda.
Consider request submitted by Edward Duggan, Agent
for Harold S. Wenal, Trustee, for approval of an
amended site plan to allow for a 9,240 square foot
expansion in retail floor space, including the addi-
tion of a junior department store and a change in
parking lot layout and design for Oakwood Square
Shopping Center located on Congress Avenue at Old
~oynton Road, the southeast corner.
The Planning and zoning Board unanimously recommended
approval of this request, subject to staff comments.
Consider request submitted by James Driskell, Agent
for The Landings Apartments Limited, for approval of
entrance signage at Congress Avenue at S. W. Congress
Boulevard, the northwest corner
The Planning and Zoning Board unanimously recommended
approval of this request, subject to staff comments.
Consider request submitted by Jeff H. Iravani, P. E.,
Agent for The Wilshire Corporation, for approval of
an amended site plan to provide for the addition of
recreational amenities (pool, cabana, tennis courts)
and a maintenance building at Meadows 300, Tract G,
which is located on the west side of Congress
Avenue, south of Hypoluxo Road
The Planning and Zoning Board unanimously recommended
approval of this request, subject to staff comments.
Consider request submitted by Edward Schwab, Agent
for The Wilshire Corporation, for approval of
building signage for Meadows 300 - Tract H - Club
Meadows Phase II, located on the west side of
Congress Avenue, south of Hypoluxo Road
The Planning and Zoning Board unanimously recommended
approval of this request as submitted.
E. Approve authorization to dispose of records - City Clerk
By memo dated October 13, No. 68, Betty Boroni, City Clerk,
requested approval to destroy records, microfilming as
appropriate.
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OCTOBER 21, 1986
F. Consider request submitted by Tim Mather, Construction
Manager of Post Florida, West Palm Beach, for approval
to place one temporary construction trailer in conjunc-
tion with the construction of a 196 unit project termed
Post Landing, located just north of N. W. 22nd Street
and Congress Avenue
The Building Department recommended approval. Site plan
approval has been obtained, and the subject trailer will
remain on the premises for approximately eighteen months.
Ge
Consider request submitted by Stephen J. Siegel of
Brenshell Development for approval to place one temporary
construction trailer in conjunction with the construction
of "Boynton Estates" located on North Congress Avenue and
Redford Drive
The Building Department recommended a~proval. Site plan
approval has been obtained. The subject trailer will remain
on the premises for approximately 12 months.
Greater Boynton Beach Chamber of Commerce Economic and
Tourism Service Report - October, 1985 to
~eptember, 1986
An itemized report was submitted.
I. Consider request for refund Boynton Beach Memorial Park,
Lots 104 and 105, Block C
On October 2nd, Georgine E. Salo, 230 N. E. 26th Avenue,
Apt. 116, requested a refund of $200 ($250 purchase price
less 20%, or $50 = $200).
Je
Consider request for disinterment and refund Boynton
Beach Memorial Park, Lot 543 B, Block N
This request dated October 15, 1986 was from Hanna
Steinhauser, c/o Jack Lemme, 1101 Mississippi Boulevard,
Little Falls, Minnesota 56345. The amount to be refunded
would be $120. (Purchase price of $150 less 20%, or $30 =
$120).
Ke
Consider request from Golfview Harbour Homeowners
Association to erect four temporary signs for their
annual Halloween Carnival
By letter dated October 10, 1986, Joan Petersen, Public
Relations, on behalf of the Association, said the signs are
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OCTOBER 21, 1986
approximately 2'x2'. They will go up after tonight's
meeting and be removed on or before November 1st.
L. List of Payments - September, 1986
See list attached.
Me
Consider approval of Community Relations Board
recommendation for funding
By memo dated OCtober 21, City Manager Cheney listed the
Community RelatiOns Board recommendations for funding, which
came to a total of $39,999.04.
Ne
Concurrence of Department Head appointments
1. Utilities Director - John Guidry
2. Management Services Director - Craig Grabeel
Resumes were attached to the Council's agenda packets.
O, Approve payment Schedule request of funds allocated to
Boynton BeaCh Woman's Club
city Manager Cheney recommended that the request from the
Woman's Club for payment of $25,000 in two installments of
$12,500 each, payable November 1, 1986 and January 1, 1987,
be granted.
P. Approval of Bills
See list attached. Two bills were added for the South
Central Wastewater and Disposal Board. One was for
$19,256.67 and the second was for $8,223.95. Both were for
professional services for Russell and Axon in connection
with the Wastewater Treatment Plant Expansion. City Manager
Cheney also added a bill for $13,400 from Booz, Allen and
Hamilton, the City's Communication Consultants.
Councilman Ferrell moved to approve the Consent Agenda,
items A, 1; B, 1, 2, 3; D, 1, 2, 3, 4, 5; E; F; G; H; I; J;
K; L; M; N, 1, 2; O, P, with the addition of the three bills
listed. Councilman Hester seconded the motion, and the
motion carried 5-0.
V. BIDS
None.
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OCTOBER 21, 1986
VI. PUBLIC HEARING
Am
Consider request submitted by Michael Puder, Agent
for Southeast Development Enterprises, Inc., Lennar
Homes, Inc., Florida Properties of Boynton, Inc.,
and HMF Investment, Inc., for abandonment of a
portion of a 10' utility easement (4' reduction) in
Plats Nos. 5 and 6 at Boynton Lakes in order to
allow for the addition of patios/screened enclosures
at Waterview at Boynton Lakes. This development is
located on the east side of Congress Avenue, south
of Hypoluxo Road
Carmen Annunziato, Director of Planning, explained that the
applicant was requesting that a 10 foot utility easement
platted at the rear of several property lines be reduced to
six feet in order to accommodate at grade and above grade
improvements. The Planning and zoning Board conducted a
public hearing and recommended that the request be approved,
subject to staff comments.
As no one wished to speak in favor or against the request,
THE PUBLIC HEARING WAS CLOSED.
Councilman Ferrell moved, seconded by Councilwoman Zibelli,
to approve the request, subject to staff comments. Motion
carried 5-0.
Consider request submitted by Pedro M. Diaz, owner
of a 1.18 acre tract of land on the north side of
West Boynton Beach Boulevard, approximately 300
feet east of Knuth Dairy Road for annexation into
the city. He has also requested to show the annexed
land as Local Retail Commercial and to rezone from
CN (Neighborhood Commercial) to C-3 (Community
Commercial) for the purpose of constructing an
11,040 square foot mixed use commercial building.
This property would then be known as Diaz Plaza.
Mr. Annunziato said this involves annexation of a tract of
land north of the Banyan Creek single family homes develop-
ment and also requests to amend the land use element in the
Comprehensive Plan to show the annexed land as Local Retail
Commercial. The location of the land is directly east of
Greentree Plaza II, which is the shopping center just being
built at Knuth Road, past Boynton Beach Boulevard.
At Mayor Cassandra's request, the location of the project
was shown on an overlay. Mr. Annunziato advised that this
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OCTOBER 21, 1986
site plan was preliminary in nature, and the applicant would
be required to go through the City's standard site plan
procedures.
Mr. Annunziato said two driveways are projected onto West
Boynton Beach Boulevard with the shopping center or retail
facility to be located to the northern 1/2 of the lot.
Mayor Cassandra questioned whether they were developing a
strip zone with Green%ree Plazas I and II and now this.
Mr. Annunziato thought that was what was happening. If they
continue to the east, all the way to Winchester Boulevard,
Vice Mayor Zimmerman said they will have a bunch of retail
shopping centers there. He thought Greentree II should have
been office/commercial and felt this should be too. Vice
Mayor Zimmerman thought that whole strip along there should
be so it would be compatible with what is across the street.
Mr. Annunziato reminded Vice Mayor zimmerman that these
issues were discussed at the time of Greentree Plaza II.
Mayor Cassandra commented that they were seeing what was a
gradual creeping that will have to occur now. There were
other comments.
Mayor Cassandra said anyone that wished to speak in favor or
in opposition to the request could do so now. There was no
response, and THE PUBLIC HEARING WAS CLOSED.
Councilman Hester moved to approve the annexation, subject
to staff comments, and to find it consistent with the
Comprehensive Plan, as recommended by the Planning and
zoning Department. Councilman Ferrell seconded the motion.
Since he was opposed to the zoning which came with the annex-
ation, Vice Mayor zimmerman stated that he was going to vote
against the motion. A vote was taken on the motion, and the
motion carried 4-1 with Vice Mayor zimmerman casting the
dissenting vote.
Consider request submitted by Kirk Dunlop,
Universal Medical Buildings, Inc., Agent for O.
Alan Jared III, et al, to rezone from PU (Public
Usage) to C-1 (Office/Professional) to allow for
redevelopment of the existing site and an adjacent
parcel for a new medical office building in affili-
ation with Bethesda Memorial Hospital located on
South Seacrest Boulevard at S. W. 26th Avenue, the
northwest corner
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OCTOBER 21, 1986
De
Consider request submitted by Kirk Dunlop,
Universal Medical Buildings, Incj, for abandonment
of a 50' wide local street (SW 26th Avenue) and a
portion of a 50' local street (SW 2nd Street) to
allow for integration of the proposed medical office
building with the existing Bethesda Memorial
Hospital Complex
As these two items were related, Mr. Annunziato said he
would make his presentation on both at the same time. With
reference to the first request, he said the three lots are
adjacent to Seacrest Boulevard, north of S. W. 26th Avenue.
The underlying land use is consistent with the requested
zoning. In fact, the requested zoning is more restrictive
than the existing zoning, and Mr. Annunziato explained.
Mr. Annunziato said the first request was in connection with
the apartments located to the west of the existing site,
which are currently zoned C-1. The parcel would then be
developed under one zoning category.
The .Planning and Zoning (P&Z) Board conducted a public hear-
ing and unanimously recommended that the rezoning be approved.
With regard to the second request, Mr. Annunziato said that
years ago, in connection with the redevelopment of the
hospital, that portion of S. E. 2nd Street which connected
into Westchester Heights was abandoned, resulting in the
termination of 26th into the hospital property and dead end-
ing the public right-of-way. The need to have the right-of-
way public at that time rested in the fact that there was a
third property owner involved who needed access from this
public right-of-way.
With the purchase of the apartments by Dr. Jared, and
combining them with the development of the property along
Seacrest in connection with Bethesda Memorial Hospital, Mr.
Annunziato said the need to have S. W. 26th Avenue and S. W.
2nd Street as a public right~of-way diminishes substantially.
They are now serving one property owner. With this in mind,
the applicant requested that these two streets be abandoned.
The City staff recommended to the P&Z Board that the abandon-
ment would be proper if the entire 50 feet of right-of-way
was dedicated for utility easement purposes. Mr. Annunziato
elaborated.
As it was a public hearing, Mayor Cassandra asked if they
should take the requests one at a time. Attorney Doney
thought they could combine them.
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OCTOBER 21, 1986
Mayor Cassandra informed the people that the street would not
be closed off, and they could still go to the emergency
building through that street. He announced that anyone wish-
ing to speak in favor or against either of these items could
do so now. There was no response, and THE PUBLIC HEARING
WAS CLOSED.
Councilman Hester moved to approve the rezoning and the
abandonment of S. W. 26th Avenue and part of S. W. 2nd
Street. Motion carried 5-0.
DEVELOPMENT PLANS
A. Consider request submitted by Goldenholz-Fischer
Architects and Planners, P. A., Agent for The
Grove Partners Limited, for an amended site plan
to allow for a 12,524 square foot decrease in retail
area, an increase in the size of the cinema from 4
to 6 screens (1,470 seats) including a modified
shared parking allocation, and a change in parking
lot layout and design for The Grove Shopping Center
on U. S. Highway 91 at Old Dixie Highway, the west
side
Mr. Annunziato told the Council the applicant was requesting
a reduction of retail square footage and an increase of movie
theaters at the proposed cinema building from four to six
screens, and also a change in the parking lot layout and
design. The change in the parking lot layout and design
resulted in a denial of the applicant's request for a turn
out by Palm Beach County at the southeast corner of the
property. The site plan had to be amended to accommodate
the Palm Beach County Traffic Engineer's comments.
The Technical Review Board recommended to the City Council
and P&Z Board that both requests be approved, subject to
staff comments. The P&Z unanimously recommended approval of
the requests.
Councilman Ferrell moved to approve the requests, subject to
staff comments. Councilwoman Zibelli seconded the motion.
Mayor Cassandra voted against this the last time because the
city had 23 movie houses in Boynton Beach. Now there will
be 25 movie houses in Boynton Beach. After further comments,
Mayor Cassandra stated that he was against the amended site
plan.
A vote was taken on the motion, and the motion carried 4-1.
Mayor Cassandra voted against the motion.
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OCTOBER 21, 1986
VIII. LEGAL:
A. Ordinances - 2nd Readinq - PUBLIC HEARING
1. Proposed Ordinance No. 86-36 Re: Delete Sanitation
Rate from Code of Ordinances
Attorney Doney read proposed Ordinance No. 86-36 on second
and final reading, by title only:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES AS FOLLOWS:
BY AMENDING CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE
CONDITIONS', ARTICLE II, 'REFUSE, GARBAGE AND TRASH," BY
DELETING SECTION 10-29, 'RATES AND CHARGES FOR CITY SERVICE';
BY CREATING A NEW SECTION 10-29, 'RATES AND CHARGES FOR CITY
SERVICE' TO PROVIDE THAT THESE RATES ARE ADOPTED BY RESOLU-
TION; BY PROVIDING THAT EACH AND EVERY OTHER PROVISION OF
THE CODE OF ORDINANCES, NOT SPECIFICALLY AMENDED HEREBY
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Cassandra asked if anyone wished to s~eak in favor or
against the proposed Ordinance. There was no response. THE
PUBLIC HEARING WAS CLOSED.
Vice Mayor zimmerman moved, seconded by Councilman Ferrell,
to adopt Ordinance No. 86-36 on second and final reading.
roll call vote on the motion was taken by Mrs. Boroni:
A
Councilwoman Zibelli
Mayor Cassandra
Vice Mayor Zimmerman
Councilman Ferrell
Councilman Hester
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Proposed Ordinance No. 86-37 Re: Determining and
approving changes to the DRI are not substantial and
approve those changes
Attorney Doney read proposed Ordinance No. 86-37 on second
and final reading by title only:
"ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMIN-
ING THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL
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OCTOBER 21, 1986
IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN
ORDINANCE NO. 86-11, DO NOT CONSTITUTE A SUBSTANTIAL DEVI-
ATION UNDER CHAPTER 380, FLORIDA STATUTES, 1986, DETERMINING
THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS
NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES,
AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51 AND
86-11) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES"
Mayor Cassandra said anyone wishing to speak for or against
the proposed Ordinance could do so now. There was no
response. THE PUBLIC HEARING WAS CLOSED.
Councilman Hester moved, seconded by Vice Mayor zimmerman,
to adopt Ordinance No. 86-37. Mrs. Boroni took a roll call
vote on the motion:
Mayor Cassandra
Vice Mayor Zimmerman
Councilman Ferrell
Councilman Hester
Councilwoman zibelli
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
Be
Ordinances - Ist Reading
1. Proposed Ordinance No. 86-38 Re: Amending Section
14-7.1 of city Code - Train Whistles
Attorney Doney read proposed Ordinance No. 86-38 on first
reading, by title only:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING CHAPTER 14 MOTOR VEHICLES AND
TRAFFIC, SECTION 14-7.1. WHEN SOUNDING TRAIN WHISTLE/HORN
PROHIBITED; PENALTY. OF THE CODE OF ORDINANCES, CITY OF
BOYNTON BEACH, FLORIDA TO PROVIDE THAT THE SECTION SHALL
RELATE ONLY TO 'RAILROAD - HIGHWAY GRADE' CROSSINGS; PRO-
VIDING THAT EACH AND EVERY OTHER PROVISION IN CHAPTER 14
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE,
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES."
Vice Mayor Zimmerman questioned whether the changing of the
grade to "railroad - highway grade" would change the situ-
ation of any of the City crossings. Attorney Doney did not
believe so. He thought that was a technical change made in
the State Statute which permits cities to adopt that sort of
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
regulation. It is the exact wording that was changed in the
State Statute. Attorney Doney was not positive exactly as
to what the change is but thought it was to clarify that it
only applied to railroad and highway grade instead of just
"at grade" crossings.
As far as the grades, City Manager Cheney assured Vice Mayor
Zimmerman that it did not change anything that would affect
the City but just makes it consistent with the new State
Statute.
Vice Mayor zimmerman moved, seconded by Councilwoman Zibelli,
to adopt proposed Ordinance No. 86-38 on first reading.
A roll call vote on the motion was taken by Mrs. Boroni, as
follows:
Vice Mayor Zimmerman
Councilman Ferrell
Councilman Hester
Councilwoman Zibelli
Mayor Cassandra
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
C. Resolutions
Proposed Resolution No. 86-XXX Re: Sale of Public
Service Tax Revenue Bonds for Capital Improvement
Program ($11,650,000) (Original Resolution No. 86-V
adopted on March 4, 1986 ............ TABLED
Councilman Hester moved to remove this item from the table,
seconded by Councilman Ferrell. Motion carried 5-0.
Mayor Cassandra said some people wished to speak on this.
Dr. Patrick Shepherd, 918 S. W. 27th Terrace, Chairman of
the Parks and Recreation Board, said they had a meeting with
City Manager Cheney to discuss the revenue bond issue, and
they were all in favor of continuing the revenue bond issue.
Frank R. Stockton, 2101 S. W. 23rd Court, President of the
Greater Boynton Beach Chamber of Commerce, was seeking the
Council's approval of the Resolution. He was speaking on
behalf of the entire membership and Board of Directors of
the Chamber.
Mr. Stockton said the improvements consist of four items:
the communitywide multi-purpose facility, Congress Avenue
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MINUTES - REGULAR CITY COUNCIL MEETING
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OCTOBER 21, 1986
Community Park, Rolling Green Park Expansion, and Rolling
Green Elementary School park development. He did not think
there was anyone who would question the need of the projects.
Because of crime and delinquency, Mr. Stockton thought it was
incumbent on those in public life to encourage that the youth
have places to get good, wholesome entertainment.
Because of a very detailed and fundamental financial
structure, Mr. Stockton said the City has the possibility of
3.5% of the public utilities service tax, which means there
would be no new implementation of any cost to the taxpayers
in the community. That tax is already being collected.
Mr. Stockton said the question was whether they use the
$1,105,000 per year that would be the revenue from that
taxation (which would increase in future years) on a short
term basis building a lot of small things over a long period
of time, or whether they would use it to sell $11,000,000 of
bonds for which the revenue would then be used to pay the
debt service and by so doing, obtain the four very useful,
vital and necessary ~rojects for the City over a short
period of two to three years.
Mr. Stockton hoped the Council would see fit to use the
monies, as set forth by City Manager Cheney in his proposal,
to validate and sell the bonds so the projects could be
built right away and used by the citizens within the next
few years. This is a growing community, and the City has to
provide for its needs and its growth. Mr. Stockton urged
that the proposal be adopted.
No one else wished to speak.
Comments by Mayor Cassandra
Mayor Cassandra also spoke to the Parks and Recreation
Board because he was concerned about certain things that
they should be aware of. They called a special meeting to
either confirm, justify, or make a decision. Mayor
Cassandra thought the record should reflect his concerns to
show that both sides of the coin were investigated.
Because of the golf course having the first lien on the
utility tax, Mayor Cassandra said what was going to be a
simple issue became not as simple. He recommended the 3½%
himself because of the means of getting these recreational
items and also agreed the City needs them. However, 'this
ended up causing the City to borrow an extra $1,000,000 that
they have to pay over a 20 year period. This also causes the
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
City, depending on whether they want to go for an insured or
a B-AA rating, to pay a premium as recommended by the
Financial Advisor of another $160,000.
Mayor Cassandra said this $7,000,000 recreation bill plus
the approximately $3,000,000 needed for other items will
cost the City $21,000,000. It is not a recommendation of
$11,000,000 or $12,000,000.
Under the old tax law, Mayor Cassandra said the City was
able to vest its debt service fund at a high interest rate
so it could recoup some of this interest. He was told, under
the new tax laws, you cannot make a profit but can break
even.
The intangible for forecasting what monies the City will get
from Florida Power and Light Company (FP&L) in utility taxes
created another problem, which Mayor Cassandra took to the
Parks and Recreation Board. FP&L states there will be
$336,000 left. The City Manager feels this is very conserva-
tive thinking by FP&L.
Mayor Cassandra stated that the golf course affects the City's
budget because the City is guaranteeing the bond. This money
is in the General Fund, and if the City has a problem, the
General Fund will be affected where there are budget items
against it.
Mayor Cassandra said the City Manager feels the golf course
is no problem and that walk-ins create more profit. Mayor
Cassandra agreed, but he thought the revenue for the golf
course was in two parts: (1) Fixed guaranteed income and
(2) Available income. The fixed guaranteed income is the
annual memberships. When you have 800 people paying $500,
you have $400,000, which "pretty well" guarantees the bond.
The variable is the money Joe Sciortino needs to run the
course (personnel, upkeep, etc.), which to Mayor Cassandra
is intangible. With rain and bad weather, the City does not
have walk-ins, but it always has the membership fee.
Mayor Cassandra did not know why but remarked that the City
is hurting this year. There is no waiting list. As a
matter of fact, the City advertised, and the Council approved
tonight an advertisement of $1,000 advertising for full
membership. Mayor Cassandra did not think there was a
problem but an intangible.
Because of other needs, Mayor Cassandra believed the City
took 1985/1986 and 1986/1987 utility monies and used that
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MINUTES - REGULAR CITY COUNCIL MEETING
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OCTOBER 21, 1986
for capital improvements, so they will start building in
either 1987 or 1988. The bonds will be issued in 1987 or
1988. Mayor Cassandra did not profess to know all about
that but, assuming they have construction that has to wait
until the City gets money to pay the bond, they will be
talking about possibly 1½ years down the road.
Mayor Cassandra said the bill did not address the recommen-
dations that the Parks and Recreation people and the Chamber
of Commerce have. The money, when proposed, was $3,500,000
or $4,900,000, depending on the size of the multi-family
center. Congress Avenue Community Park was $882,000.
Rolling Green Elementary was $173,000. Rolling Green
Elementary park expansion was in two parts: indoor facility
and outside facility of approximately $1,000,000. There was
no doubt the City needed these, but Mayor Cassandra was
asking what priority they needed immediately.
In looking at the City Manager's revenue projection, in
1986/1987, the City would have $347,000 left over from
$947,000, as projected, and he explained. In 1987/1988,
they would have $1,000,000 and some odd thousands of
dollars. In 1988/1989, they would have $1,100,000, etc.
Mayor Cassandra stated that you project it for around 1990.
It gave a total of $3,598,000.
Mayor Cassandra suggested that the Council consider putting
a high priority on the Rolling Green park expansion and the
Rolling Green Elementary School area, which are in the north-
ern portion of the city, out of these monies, and they
can be built. He wanted the Council to consider that if
they wish, Congress Avenue Community Park could also be
started from this money but in the period of 1989/1990.
Mayor Cassandra recommended one of three possibilities for
the multi-family civic center:
(1) They can always put the civic center alone because the
other ones will be built on the other monies on a referen-
dum. Mayor Cassandra warned that was a high risk factor
that they might lose.
(2) If the City can get a construction loan, maybe they
should borrow and pay over a period of five years.
(3) Mayor Cassandra asked if the City could have a one year
assessment. He wondered if it had to go to referendum and
questioned whether the Council, whoever they might be,
could accept 3 mills for one year only. The 3 mill assess-
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BOYNTON BEACH, FLORIDA
ocTOBER 21, 1986
ment would give the City approximately $3,600,000, 'which
would be next year.
Mayor Cassandra used $75,000 as a reference line. He owns a
$75,000 home. Regardless of what is passed, thewS25,000
homestead exemption will not affect him. He would pay $150
one time in one shot. Other people would pay a little more
or less, depending on their assessment. Over a 20 year
period, assuming a $1,000,000 payment, he would have to pay
approximately $1,000 out of his tax for the same thing,
depending on how his house is assessed.
If item 93 is legal, Mayor Cassandra thought that might be
the way to go, at one time, in one shot, and not over a 20
year period. He asked the Council to consider that they
should have the recreation but was saying they could delay
two years. By the period of 1989, the Rolling Green Park
Expansion and Rolling Green School would be done, which
probably would be the same period of time as if they went to
a 20 year period.
Mayor Cassandra said it was only a recommendation for the
Council's consideration. There are pros and cons. The
intangibles can be argued, but they were concerns Mayor
Cassandra raised. With the $11,000,000 loan, he emphasized
that they will be paying $21,000,000.
Response by City Manager Cheney
City Manager Cheney responded that the golf course situation
was complicated at one time, but the City's financial
advisors have found a way not to have to refinance the golf
course, so that is no longer an issue. The additional
$1,000,000 the City is borrowing is not costing the City any-
thing because the City can invest the $1,000,000 at the same
interest rate they are paying for it. It is set aside as a
reserve, which makes the underwriters and bond buyers happy.
City Manager Cheney continued that the City is always getting
in the public service tax. There is no loaical reason for
a reserve because the income is going to continue to come in
to pay the debt service, but underwriters and bond buyers
like to have a reserve set aside and are asking that the
City have one year's debt service set aside, which the City
can borrow if they are not going to refund the golf course.
City Manager Cheney repeated prior statements and said the
$1,000,000 becomes the debt service payment in the last
year and explained that if they get a 20 year bond issue,
they will be paying debt service for 19 years, and the
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
$1,000,000 which did not cost the City anything will be paid
off.
As far as insurance is concerned, the City planned to have
insurance on the issue. At the time of sale, they always
take a look at what the net cost of the issue will be, with
or without insurance. Without insurance, the interest rates
are higher. The City always looks at what the premium is on
the insurance. If it is cheaper to go without insurance,
the City goes without insurance. The advantage of insurance
is the City gets a AAA rating on the bond issue. Almost
always, it is cheaper to go with insurance. That is a net
cost.
City Manager Cheney said FP&L indicated that they saw a
reduction in the City's franchise fees. They did not
indicate that they see a reduction in the utility service
tax franchise fee's reduction because that is where the
franchise fee is based on the fuel adjustment charge, and he
explained. City Manager Cheney said the public service tax
is not based on the fuel adjustment charge. Therefore, it
does not have the same impact.
City Manager Cheney stated that obviously, the projections
on the expenditures of the golf course are always question-
able, but the City would rather have 100,000 rounds of golf
where people pay both green fees and cart fees instead of
paying just for the annual permit. The City does not have a
waiting list and never tried to have one. It does not
bother the City from an income projection point right now
that there are only 730 permits. There is an impact from
rainy days like we have been having, but there have been
rainy days every year. City Manager Cheney further
commented.
City Manager Cheney was not worried at the moment about the
revenue. If they end up with less pay, they can have less
employees and do less maintenance. There is a way of off-
setting an increase in revenue if they get an increase in
revenue on the golf course. It is not a part of the General
Fund but is a self supporting kind of thing.
As far as construction is concerned, City Manager Cheney
said the schedule in the agenda indicated that the City
plans to have a closing on the bond issue on November 12.
They are not talking about a 1~ year delay. The bond issue
is structured in such a way that the City does not make its
first debt service payment until 1987/1988, but the money
will be available by the end of this year. It will be
available, as they projected, on November 12. If they wish,
the City can then proceed with the projects.
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OCTOBER 21, 1986
City Manager Cheney reiterated that this financing does make
the money available almost immediately so they can go into
design work on the project, particularly the issue of design,
as to where the multi-purpose recreation facility will be.
In the bond issue, City Manager Cheney said there are
$7,800,000 worth of recreation projects. There are also
$2,200,000 of non-recreation projects, which are a Dart of
the City's existing capital improvements program. If the
City does not do this bond issue within the next two years,
in 1987/1988 and 1988/1989, revenue from the utility service
tax will have to go to other capital improvements projects
which the City has already committed.
City Manager Cheney explained that the~eason the bond issue
has been increased to $10,000,000 plus the $1,000,000 they
are talking about for reserve is because they are using
funds from the next two or three years that they will be
using on capital projects to pay the debt service on the bond
issue. If the City does not have the bond issue to do those
projects with, then they will have to use what they other-
wise would be using as debt service, and they will not be
able to do any of the projects until probably 1988/1989 or
1989/1990 because that amount of utility service tax is
needed on other projects that would not have the funds avail-
able from the bond issue.
In reference to the utility service tax, Mayor Cassandra was
under the impression that the money (3½% collected per
capita) for 1985/1986 was being used. City Manager Cheney
referred him to the form the Council had. He agreed with
Mayor Cassandra that this money was not available to them to
pay the bond issue and informed Mayor Cassandra that the
City has not scheduled it until 1987/1988, as shown in the
agenda book. The cash to do these projects is available in
November. The debt service to pay those bond issues is
scheduled for 1987/1988. That is the first debt service,
and that year it is just interest. The next year, it is
interest and principal.
City Manager Cheney repeated that the issue comes down to
whether the Council thinks the City needs these projects.
He asked if they wanted to do the projects so people currently
living in the City can benefit from them and those who
continue to move in the City in the future will pay for them.
A large amount of public service taxes is paid by the
industrial and commercial development of the City. City
Manager Cheney further commented.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
City Manager Cheney said the City knows it has problems now,
and they are not projects just for children. They will also
serve adults. If Rolling Green Park Expansion has some kind
of meeting room building, it will have some other building
that can be used for services to middle aged in the north
end of the City, as well as elsewhere. The multi-purpose
recreation building will provide many of the services the
Civic Center provides for adults as well as young people.
City Manager Cheney elaborated and reiterated prior state-
ments. He concluded by saying he was concerned about all of
the projects.
~esponse by Frank R. Stockton
City Manager Cheney answered one of the responses Mr.
Stockton had. There is no question that the utility service
taxes will increase because there will be more people paying
them. Mr. Stockton commented that they have debated this
issue over a period of months. He agreed it is true that
they will pay $21,000,000 for $10,000,000 worth of projects
but said the other side of the coin is the fact that they
will get the projects now. Everyone will get to use them.
People down through the years will be using them and paying
for them. People here now will be using them and paying for
them now.
Mr. Stockton thought Mayor Cassandra's plan would possibly
make it attainable to build three of the projects. He did
not think the multi-purpose facility would ever be built
under the Mayor's plan, and he-felt it was very vitally
needed because it would give all of the people of this
community an opportunity for arts, entertainment, and
culture. Mr. Stockton expounded.
Mr. Stockton referred to a $300,000,000 bond issue the
Governor proposed to build over 1,000 miles of roads and
bridges and a proposal the County had. He reminded the
Council that the cost of things go up and said if they delay,
they will not only deny the citizens that are here today the
use of the facilities, but they will pay a lot more if they
ever do build them. Mr. Stockton again urged the Council to
adopt the Resolution. There was applause.
Comments by Vice Mayor Zimmerman
A lot of people that spoke to Vice Mayor zimmerman had some
different opinions. At last year's election, many of these
items were on the ballot for a referendum to see whether
people wanted to obligate themselves for a bond and build
these items. That portion of the referendum failed. The
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
voters voted it down. Many of the same people are still ask-
ing why, after they vote something down, does the Council
insist upon building it anyway and avoiding their desires.
Vice Mayor Zimmerman brings out that the City needs it.
Invariably, the answer he gets from ~eople is that they would
like to have a lot of things, but they never get them. There
was some applause.
Comments by Councilman Hester
Councilman Hester thought the referendum was based on
increasing taxes. The way he understood it, there was no
tax increase. They were going to take it from utility taxes
that all of the people pay anyway. People coming in later
will have to pay for the facilities and not just the people
that are here now. One shot is fine, but people moving into
Boynton Beach five years from now will enjoy the facilities
without paying anything for them. Councilman Hester thought
this was the most reasonable way to do this. He felt doing
certain projects would cause more problems, and he explained.
Comments by Councilman Ferrell
Councilman Ferrell still supported going ahead like they had
planned. He referred to Gloria Skinner talking about
programs and facilities the City does not have. Everyone is
familiar with the drug and crack problems. Councilman
Ferrell told of a meeting of the Palm Beach County Sheriff's
Department. The number of robberies the first six months of
this year were double the number for the first six months of
last year. Every case has been tied to crack or cocaine
rock. Councilman Ferrell said there have to be alternatives,
but he did not think the City could wait for them. He
elaborated. Councilman Ferrell supported going ahead and
doing the projects. There was applause.
Comments by Councilwoman Zibelli
Councilwoman Zibelli thought those that realize the necessity
of a project such as this were the people who live in the
middle of an area where drugs and crack are being sold out-
wardly. It is happening right on the corners. She referred
to the 4th Street project and said they are all young kids
between the ages of 11, 12, and up. There is nothing for
them to do, and she asked what kids are going to play in a
school yard at 6:00, 7:00, or 8:00 o'clock at night. The
kids have nowhere to go, and they should have a place to go
where they have structured entertainment, etc. Someone
should be a leader to them and teach them there are other
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
things besides roaming the streets at night.
applause.
OCTOBER 21, 1986
There was
A man in the audience wanted to know what kind of projects
they were. Mayor Cassandra explained that the multi-purpose
recreation center, which was~originally planned for the
south end of the City. The question now is whether it should
be put some other place, and that will be investigated.
That will range from $3,000,000 to $4,000,000, depending on
what seating capacity they wish to have.
The second is Rolling Green Expansion Park, which has two
parts. City Manager Cheney interjected that it is 20 acres
between 17th and 19th Avenues, near Seacrest. It has an
indoor building, which is another multi-recreational center
and an outdoor facility which includes tennis and basketball
courts and probably a baseball field. Both of those run
around approximately $2,100,000.
The third is Rolling Green Elementary School, where Mayor
Cassandra believed some bleachers, lights, and more fields
will work in conjunction with the school.
The forth is the completion of Congress Avenue Community
Park with more tennis courts, baseball fields, etc.
Mayor Cassandra said those are the items that did not pass,
which Vice Mayor Zimmerman was talking about, for approxi-
mately from $7,000,000 to $8,000,000, depending on which
particular plan you want. Four of the Council Members met
with Recreation and Parks in January of 1986 and discussed
ways of financing this particular recreation at a workshop.
It failed on referendum. At that time a recommendation was
made to use the 3½% capital improvements plan monies that
the people are already paying to finance a bond to pick up
the recreation. At that time, due to some of the monies
already being planned for capital improvements programs,
such as the City's communication center, it had to be included
into this bond issue plus the renovating of the Building,
Engineering and Planning Building plus Parks and Recreation,
which came out to around $2,200,000.
Mayor Cassandra continued that it is around $11,000,000.
Because they recommend $11,000,000 in the City's reserve
fund, it came out to $11,600,000. Mayor Cassandra
elaborated.
Lou Ghiqha, 1302 S. W. 16th Street, asked if that was not
the attitude that put Uncle Sam in the position he is in
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
today. (Buying today to pay tomorrow.) The man explained
and said they had to weigh whether it was within reasonable
means. Mr. Ghigha told of his background and said he
believes there always will be criminals. He agreed the City
has to do everything it can do to help the 12 to 15 year
olds. When you talk about adults being involved in druqs,
whether they can afford them or steal for them, Mr. Ghigha
said he would be open to suggestions if any one could excuse
them or justify them to him. The only way he could see un-
limited money for that would be to build lots of jails,
not entertainment and keeping them busy. Mr. Ghigha further
commented.
Councilman Ferrell said last week, a meeting in Delray Beach
was attended by 41 people, most of whom were Police Officers
from Boynton Beach, Delray Beach, Boca Raton, and the Palm
Beach County Sheriff's Office. The big need was for jails,
but the recommendation that came from the Officers was that
they have to do something for the kids. Councilman Ferrell
said the Council has spent several months looking into the
feasibility of these projects, and it has just come up again
for review. The experts are recommending that something has
to be done. Councilman Ferrell expounded.
Barbara Kruger, 2563 S. W. 10th Court, has lived here 15 or
16 years and has seen very few changes in the City along the
line of facilities. She is Chairwoman of the Community
Relations-Board (CRB), and they are getting ready to present
a forum on illiteracy, but there is no place in the City to
present it. Mrs. Kruger asked how many people you can put
into the Civic Center. She thought something should be done
so there are better facilities.
Mayor Cassandra informed everyone that he asked the CRB to
consider Boynton Beach getting involved in illiteracy as a
project. The City Manager, WXEL, Channel 12, and the School
Board are involved, and for two years the Library Board has
been involved. Mayor Cassandra said the Library Board has
literature printed and qualified one on one teachers.
THE COUNCIL TOOK A BREAK at 9:05 P. M.
at 9:18 P. M.
The meeting resumed
Attorney Doney read Resolution No. 86-XXX by title:
"A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$11,650,000 AGGREGATE PRINCIPAL AMOUNT OF PUBLIC SERVICE TAX
REVENUE BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE
PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF ACQUIRING AND
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CONSTRUCTING CERTAIN RECREATIONAL AND GOVERNMENTAL FACILI-
TIES TO BE OWNED AND OPERATED BY THE CITY; PROVIDING FOR THE
PAYMENT OF SUCH BONDS AND OF ANY ADDITIONAL BONDS AND THE
INTEREST THEREON FROM CERTAIN DESIGNATED REVENUES, PARTICU-
LARLY PUBLIC SERVICE TAX REVENUES; DESCRIBING THE TERMS,
SECURITY AND OTHER PROVISIONS OF SUCH BONDS; SETTING FORTH
THE RIGHTS AND REMEDIES OF THE OWNERS OF SUCH BONDS; PRO-
VIDING THAT NO ADDITIONAL BONDS SHALL BE ISSUED OR INDEBTED-
NESS INCURRED PURSUANT TO RESOLUTION NO. 84-TTT, ADOPTED ON
SEPTEMBER 5, 1984 AUTHORIZING AND SECURING RECREATIONAL
FACILITIES REVENUE BONDS OF THE CITY; PROVIDING SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE"
Councilman Hester moved to adopt Resolution No. 86-XXX,
seconded by Councilman Ferrell.
Mayor Cassandra thought this was the wrong way of financing
this but agreed the City needs it. He said he would vote in
favor of the Resolution. All of his reasons of concern are
in the minutes.
A vote was taken on the motion, and the motion carried 4-1.
Vice Mayor zimmerman voted against the motion.
Proposed Resolution No. 86- Re: Adopt Budgets -
Utilities and Community Redevelopment Agency
Mayor Cassandra pointed out that they had not discussed line
items and questions. It was getting late, and he had found
typographical errors on numerical numbers they discussed.
City Manager Cheney advised that this could be put off until
the next meeting. Because they do not have a rate increase,
this was not essential. City Manager Cheney said he and
Mayor Cassandra could talk about it, and he could get the
changes on the agenda or answers prior to the adoption next
week.
Councilman Hester moved to TABLE this Resolution, seconded
by Councilman Ferrell. Motion carried 5-0.
Proposed Resolution No. 86-YYY Re: Changing the name of
Bicentennial Park to "Veterans Bicentennial Park"
Attorney Doney read proposed Resolution No. 86-YYY by title
only:
"A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
CHANGING THE NAME OF BICENTENNIAL PARK TO VETERANS
BICENTENNIAL PARK"
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Councilman Ferrell moved to adopt Resolution No. 86-YYY,
seconded by Councilwoman Zibelli. Motion carried 5-0.
Bob Borovy, 2521 S. W. llth Street, Past Commander of
American Legion Post 164, Chairman of the Boynton Veterans
Council, expressed the gratitude of the Boynton Veterans
Council, comprised of the VFWs, the American Legion, and
Jewish War Veterans for renaming the park so they are more
out in the limelight.
Mayor Cassandra added that "I am an American Day" was
celebrated at Post 47. State Representative Frank S.
Messersmith was there and indicated that the coming legisla-
ture will try to get the State to recognize the day. Mayor
Cassandra heard the American Legion would push for Federal
recognition.
D. Other
Consider Water Service Agreement - West side of
Military Trail, 1/3 mile south of Hy~oluxo Road -
Military Trail Assoc. Partnership
City Manager Cheney said he made reference to a memorandum
from the Utility Department but neglected to make reference
to a memorandum from the Planning Department, which was
attached to the Council's material. At the bottom of the
memo from Mr. Annunziato, dated October 15, 1986, there were
three additional conditions that City Manager Cheney read
and said should be part of the approval, if the Counci~
approves this. Item 2 is a part of what the City's ~Dmpre-
hensive Plan says, and the City will require this e~ery time
they now get into utility service~agreements. It is already
a part of the City's site plan requirements. City Manager
Cheney explained.
Vice Mayor Zimmerman asked how that could be enforced. If
they agree, City Manager Cheney replied that the City will
have to put it into the written Water Service Agreement. As
the City is extending the water line the City would be sure
they had not tied the irrigation system into the City's
potable water line. If they do, the City can turn it off
because the applicant has agreed not to do that.
In site plan approval, City Manager Cheney thought they
would find it is a condition where the County Planning will
cooperate with Mr. Annunziato in reviewing that, and the
City can always come back later on and find them not in
compliance. It is not a 100% guarantee but is a statement
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OCTOBER 21, 1986
going in that direction. City Manager Cheney suspected
when the County gets done with all they are doing (well
protection ordinances, etc.), they will see more of this
kind of thing being enforced throughout the whole County.
City Manager Cheney elaborated.
Kieran J. Kilday, Kilday & Associates, Landscape Architects/
Planners, 1551 Forum Place, Suite 100A, West Palm Beach,
Florida 33401, read all of the conditions and agreed to
them. He talked to Mr. Annunziato and said they would add
them as conditions on the County's zoning as well.
Vice Mayor zimmerman referred to the last item on the agenda
and asked if the City ~as getting short of water. City
Manager Cheney answered, "No", and said this is a part of
the City's continuing program. The main reason for the tank
now is to provide a reserve and a Positive impact on the
pressure of water. The City is doing all it can to produce
more water. That is why the City has the test wells out
weSt. After other comments, City Manager Cheney assured
Vice Mayor Zimmerman that the City is confident it is'not at
that point and will not be at that point.
When they were considering the size of the new plant out
west, Vice Mayor Zimmerman recalled they said they were
building one large enough to take care of the City's needs.
They were using the old plant as it was and the new plant,
which doubled the City's capacity, would be enough for
buildout and for the reserve area. He asked if they now do
need another million gallon tank, and questioned who it
would be for.
City Manager Cheney replied that they were saying it makes
sense to get another million gallons in that plant if they
can. In the long run, it may mean they can do a million
gallons less somewhere else and may mean the City is simply
building in an extra safety valve for the next 10, 15, or
20 years. Vice Mayor Zimmerman exclaimed that maybe the
City should build its new plant larger if they need safety
valves. City Manager Cheney agreed that maybe they should,
but the City does not know that yet. At the moment, it
seems if they have a facility that is producing 16,000,000,
and it is there, and if there is some limited redesign and
recost, they can make that same capital investment produce
17,000,000. The dollars per 1,000 gallons of new capacity
is way below new construction for 1,000 gallons of capacity.
City Manager Cheney said it appears it might make sense to
do it at the existing plant.
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Vice Mayor Zimmerman questioned whether there was any
danger they would have a surplus of water if they build a
new plant. City Manager Cheney answered that they are going
to build the new plant in increments. If the City goes to
reverse osmosis, they will probably be building it in
4,000,000 increments or less. They are building a protection
so they will not have too much capacity five or ten years
down the road.
Councilman Ferrell moved, seconded by Councilman Hester, to
approve the Military Trails Associates Partnership's request
for a Water Service Agreement, subject to staff comments.
(A copy of Mr. Annunziato's memo of October 15 is attached
to the original copy of these minutes.)
Consider Tower Site Lease and Joint Use Agreement
(As of 10/17/86, lease still being negotiated.
~xpect it to be available on Tuesday, 10/21/86)
City Manager Cheney requested that this be TABLED for one
more meeting.
Councilman Ferrell moved, seconded by Councilwoman Zibelli,
that this item be TABLED. Motion carried 5-0.
3. Proposed Tradewinds Settlement
Kirk Friedland, City Attorney in the Tradewinds lawsuit,
told the Council that since he last appeared before them,
there has been no progress in the litigation at all. Mayor
Cassandra attended the last hearing, along with Vice Mayor
zimmerman, and heard the Judge at that point. The Council
decided to go forward and vote on the Planned Commercial
Development (PCD) application, which they denied. There has
been no further progress in the litigation.
Attorney Friedland said yesterday, they had delivered a hand
delivered settlement proposal. He thought some of the Council
received it very late in the day. It was a package deal on
both the Planned Unit Development (PUD) and the PCD. The
proposal is now for 520 units in the PUD (20 more units than
was presented in the last settlement proposal). On the
PCD, the square footage remains the same.
Attorney Friedland searched through the City Ordinances and
found nothing to regulate a procedure where a developer
comes before the Council and presents a settlement proposal.
He advised that the Council had the option tonight of
requesting a technical review, or they can go ahead and give
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some kind of affirmative signal to the developer that this
is the kind of proposal they could live with.
Attorney Friedland cautioned the Council that, if they want
to give that kind of affirmative signal, not to bind them-
selves to approve on first reading and second reading
without having technical input, ie. traffic and buffers,
which are things that may be changed in the new proposal.
Secondly, there should be an opportunity for additional
public input after first and second reading, which they could
hear from the staff and public. Attorney Friedland said
the public could influence them in final approval.
Mayor Cassandra advised that Attorney Friedland would be
available in case the Council would have a legal question.
Based upon what he just said, Mayor Cassandra asked if
Attorney Friedland recommended a public hearing tonight or
just recommended that the Council act on his recommendation,
which then would decide whether a public hearing should be
done tonight. In other words, Mayor Cassandra wondered if
the Council should act (a) on passing this on to the
Technical Review Board (TRB) or (b) proceed to see if they
want to accept the proposed litigation settlement that was
presented in concept, without binding them, and then present
it to the TRB.
Attorney Friedland noted that the City had abundant public
hearings on prior proposals. The public hearing was opened
and closed several times on the matter. Attorney Friedland
thought it would be putting the cart before the horse to
open up the public hearing before the Council had given a
green light or affirmative signal to the developer that he
should then take the newest proposal through staff review.
He found nothing in black and white as to how the Council
should proceed, but that made sense to him.
Mayor Cassandra stated he would not open public hearing,
depending on what the Council decided. If there was a green
light, they could open public hearing.
Councilman Hester asked if they would be voting on whether
they want to accept the compromise proposal. Attorney
Friedland replied that he would put it in terms that what
they would be doing would be giving a signal to the developer
that this is the type of settlement that they could live
with, and they were asking the developer to take it through
staff review. He reminded the Council that they have not
had a staff report on this particular proposal, nor a
technical review of this particular proposal. The Council
may benefit from having that report.
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Vice Mayor Zimmerman remarked that they had short notice on
this. He was in at 3:30 P. M. yesterday afternoon to check
his mail. There was nothing on this proposal then.
Fortunately, Vice Mayor Zimmerman came in for a night
meeting here, and was surprised at that very late date. He
took it home but did not have a chance to look it over
because the Community Appearance Board meeting lasted awhile.
Vice Mayor Zimmerman commented that it was a hurried setup.
The Council has not had a chance to look it over well and
let their constitutents know.
Sometime ago, Vice Mayor Zimmerman recalled they made a
promise to the public on this, and the developer agreed to
it. They said any proposal would be brought to them in
time that it could get out before the public so they would
know what was going on. This has not happened here and has
been too short notice. Vice Mayor Zimmerman was not satis-
fied with that sort of treatment.
Councilman Hester responded that they basically had public
hearing on this already. There were protests from the
audience. Councilman Hester agreed they did not have a
hearing on this proposal but said everybody knows what it is
all about. To him, it was a settlement that was brought to
the Council. He was not saying the public should not know,
because they should know, but this was trying to settle the
case. If they want to have a public hearing again, Council-
man Hester was sure it would have to be advertised. Attorney
Friedland agreed there had been no advertisement.
Councilman Hester thought, personally, the decision now was
up to the Council. He was against input considerably. When
he came on the Council, this was before them. Councilman
Hester commented that he changed his mind, and he expressed
that reasonable people can change their minds if they look
at certain changes that have been made. Now he thought it
was up to the Council to give the developer some signal,
as Attorney Friedland said, as to what they want to do, and
if they want to let it go through the TRB and advertise
it for public hearing again to make a final decision.
Councilwoman Zibelli went through this very thoroughly and
thought it had been a very difficult project for both sides.
As Councilman Hester said, when reasonable people sit down
and have a reasonable conversation, they usually come up with
a reasonable conclusion. Councilwoman zibelli had no problem
with voting on it tonight since it will be coming before a
public hearing also.
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OCTOBER 21, 1986
Mayor cassandra asked Councilwoman Zibelli if she was
following Councilman Hester in going to the TRB. Council-
woman Zibelli answered that she understood about the TRB.
Councilman Ferrell had no problem in voting on it tonight.
It was obviously a matter of just taking a vote on whether
they want to go ahead or not and then if they decide to,
then they would decide to have a public hearing. Councilman
Ferrell could not, in any way, shape or form, see how it was
taking anything away from the public. He meant going back
to the public hearing process.
As someone said recently in the newspaper, Mayor Cassandra
commented that it was the most unorthodox request he made
recently. He spent a lot of time putting together statistics
which the developer has. Mayor Cassandra said the developer
knows his opinion because he stated his opinion, as all of
the Council Members have stated theirs. He gave Attorney
Friedland a copy of what three Council persons submitted and
said he heard from the other two Council persons. The
Council knows what he requested, so there was no need for
him to say any more about it.
Councilman Hester asked if the.developer did not try to
incorporate what some of the Councilmen said in the new pro-
posal. Mayor Cassandra believed some more single family had
been added. The park request from the west side of the pro-
posed S. W. 8th Street has been moved down to-the track
area, so that has been changed. Mayor Cassandra did not see
in the litigation if the out parcels are part of the PCD.
That had not been addressed, but he was Still reading it.
Mayor Cassandra recommended to Attorney Perry that Attorney
Vance's name should be removed from the top of the last page
since he is not the Attorney of record. He told Councilman
Hester the PCD square footage will stay the same.
Councilman Hester interrupted to say he had his plans since
Friday, and he had gone over the whole thing. He went over
it completely. Mayor Cassandra received his at 5:00 P. M.
last night and was still reading it. Mayor Cassandra said
Councilman Hester could not have received his on Friday and
said he got it last night. Councilman Hester retorted that
he read it.
Mayor Cassandra referred to Attorney Friedland's recommen-
dation that the Council could make a motion to imply that
this proposed settlement is agreeable without commitment.
He did not know how to do that. If they say they accept a
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OCTOBER 21, 1986
green light, Mayor Cassandra wondered if they were not say-
ing they were accepting the litigation proposal of settle-
ment.
Attorney Friedland clarified that his concern was that the
Council would take action tonight that would bind them to
approve it, even if there might be additional variances
needed. In his opinion, they did not have enough infor-
mation to take a final vote tonight. Attorney Friedland
said they may be able to move that the developer submit his
proposal to TRB for a report. In other words, they should
put the proposal in the pipeline and let it work through the
usual staff review to come before the Council again. That
would give the developer the signal.
City Manager Cheney asked what would happen if the staff
review would conclude something which is inconsistent with
what direction the Council might give tonight. He asked if
Attorney Friedland was saying the expectation of Council was
that they were going to approve something they have to live
with, and it has to be somewhat modified to make it work.
If the developer puts this proposal in the pipeline, Attorney
Friedland said the Council will then have the regular oppor-
tunities to actually approve this. Of course, it requires
several Ordinances on first reading and second reading.
Attorney Friedland confirmed City Manager Cheney's statement
that the City will have an opportunity to adjust it. After
tonight's meeting whatever they say, City Manager Cheney
said they could adjust it again after it comes from the TRB
and not be in violation of the commitment that Attorney
Perry and the Council think they are making to each other.
That was Mayor Cassandra's concern. He questioned how they
could do this without commiting. Vice Mayor Zimmerman
thought they should have a review first.
There were shouts from the audience. COuncilman Ferrell
felt it boiled down to whether they wanted to have a settle-
ment or not. They have done this before and followed the
same procedure. If they want to think about everything
forever and wait, Councilman Ferrell wondered why they have
public hearings and do anything if they are not interested
in doing anything about it. He thought it was a matter of
just whether they do or do not. It just takes a real simple
about 30 second vote to take a vote and be done. Someone
applauded and some people in the audience protested.
As Attorney Friedland mentioned, Vice Mayor Zimmerman
reminded the Council that the number of units and various
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OCTOBER 21, 1986
things had been "upped" and not reduced on the proposal. He
did not know why they should even consider accepting some-
thing they know so little about except that some of the
things are very unfavorable, much more so than the previous
proposal.
If Vice Mayor Zimmerman disagreed with it, Councilman
Ferrell said that was fine, but he responded that grown,
sensible men will look at an issue and take a vote on it.
That was why the Council was here, to take a vote on it.
He asked the audience what they wanted the Council to do?
The proper procedure is for them to take a vote, make their
intent known, and have a public hearing.
Joseph Molina, from the audience, said the proper procedure
for an application is for it to go through the Planning and
zoning Board and the TRB. Councilman Ferrell argued that
it was not an application. Mr. Molina disagreed saying it
was, and it was brand new. At this point, Councilman
Ferrell said all they were talking about was whether to
settle or not. There was more argument.
If they did not have more control, Mayor Cassandra
threatened he would clear the whole Chamber. He wanted
courtesy extended, proper protocol, and parlimentary proce-
dure.
Councilwoman zibelli moved to accept the settlement as
proposed with the additional requirement that the two out
parcels be included in the PCD for maybe a financial
institution and a quality sit down restaurant, and specifi-
cally exclude fast food restaurants, and with an additional
requirement that the properties to be vacated, located at
the N. W. corner of Seacrest and Boynton Beach Boulevard,
be deeded to the City with a clear title to be utilized by
the City of Boynton Beach for whatever uses they deem
necessary. Councilman Ferrell seconded the motion.
Vice Mayor Zimmerman wanted to amend the motion, upon the
recommendation of the City's Attorney, because Attorney
Friedland had said it would only be proper that they refer
this to the TRB. Therefore, Vice Mayor zimmerman made an
amendment to the motion that this go through the proper
channels of review by the TRB.
If he recalled parliamentary procedure, Mayor Cassandra
thought as he had not read the motion, a motion still could
be amended. He asked what would happen to the second to
the original motion and wondered if that would automatically
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OCTOBER 21, 1986
second the amended motion. The other Members answered, "No."
Attorney Doney thought Mayor Cassandra would need a second
for the amendment too.
Since Mayor Cassandra did not repeat the motion, Vice Mayor
Zimmerman thought it was parliamentary procedure that if
Councilwoman zibelli wished to include his (Vice Mayor
zimmerman's) suggestion in her motion, they would not need
an amendment but could just have one solid motion.
If this goes back to the TRB, Councilwoman Zibelli asked
where it would go from there. Mayor Cassandra assumed it
would come back to the Council with all of the recommenda-
tions. He asked City Manager Cheney if he was correct in
saying it would not go to the Planning and zoning (P&Z)
Board. City Manager Cheney replied that this was a special
procedure. The Council had to decide what they wanted to
do. They were talking about settling a Court case.
Normally, it gets settled. If they were asking about the
TRB, fine. If they want it to go to the P&Z Board also,
City Manager Cheney advised the Council would have to make
that clear because there is nothing in the procedure that
would automatically tell them.
If she would make that a part of her motion, Councilwoman
zibelli wondered if they would be accepting the settlement.
City Manager Cheney answered, "No." He hoped the Council
would give the staff direction relative to density. City
Manager Cheney asked if the Council accepted this from the
point of view of the number of units and square footage.
The City staff has reported and made recommendations over
and over. He thought now they were at a policy issue where
the Council had to decide what they wanted the density to be.
He hoped the staff did not have to get back into that again,
but they will if the Council instructs them to. City
Manager Cheney hoped not, and hoped that the staff would be
limited to the technical kinds of things such as water and
sewer, growth and traffic, and could bring things to the
Council that are important. He must point out one thing
having to do with recreation and that is the recreation pro-
posal in this settlement does not meet our city codes, but
he thinks it can easily be cleared up by simply adding some
acreage. This is making a commitment on density of 520
units, but the comments on recreation can only be resolved
if the units are moved around somehow or possibly reduced.
He doesn't want to be in the middle of what appears to be
entering into a gentlemen's agreement with a vote here
tonight and Mr. Perry and then find our hands are tied. He
suspects the other type of issues the TRB would look at
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OCTOBER 21, 1986
would not be significant like the recreation which will
affect some units, but the traffic network must be con-
sidered. He would hope the majority of the Council would
give direction relative to density and square footage.
Vice Mayor Zimmerman referred to recreation and stated the
City already has 1-1/3 acres with Poinciana Park there. He
feels that should be over and above the city requirements
for this development. Mr. Cheney agreed and stated that
could probably be done without serious impact on this
proposal.
Mayor Cassandra referred to the approval being subject to
them deeding the church property across the street to the
city and stated he did not want to imply that he was willing
to settle based on them giving us this land. Councilwoman
zibelli replied that she did not imply that. Mayor
Cassandra responded that he realized that was not her impli-
cation.
Mayor Cassandra asked if the TRB should look at density if
the majority of the Council feels the density is acceptable
as presented? Also, the direction of whether this should go
to the Planning & Zoning Board or not must be decided. He
explained further how specific direction should be given for
staff.
Councilwoman Zibelli stated she was not happy with the
feeling stated by Mayor Cassandra of putting a gun to their
head and insisted she included the deeding of the land to
obtain Mr. Perry's response.
Councilwoman zibelli made the motion to accept the settlement
as proposed with the additional requirements that the two
out parcels be included in the PCD for either a financial
institution and a quality sit-down restaurant and specifi-
cally exclude fast food restaurants. Mayor Cassandra asked
about the amendment for the TRB and Councilwoman Zibelli
refused to add this amendment. Councilman Ferrell seconded
the motion.
Vice Mayor Zimmerman moved to send this through for review
and consideration for recommendations to the Council by the
Technical Review Board, so at least we'll know then a little
bit more about what is included in this proposal. Mayor
Cassandra referred to the City Manager's request of whether
to cover density and clarified that the motion says the den-
sity is acceptable, the recreation is acceptable, the PCD
total acreage is acceptable, which means if this passes that
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OCTOBER 21, 1986
is the direction we give staff. The amendment is that it go
to the TRB Board and he questions what is the next step.
Councilwoman Zibelli replied that it would go to the TRB,
come back to Council and we would go through this again,
again and again. She continued that with the amendment, it
would be giving them the signal to go ahead, but it could be
turned down again.
Councilman Hester referred to the recreation requirement and
asked if that should be worked out before going ahead and
Mr. Cheney replied that he assumed in settling a case that if
you end up with a judge issuing a stipulation that his deci-
sion and stipulation are the final words and that means
other procedures do not need to be folloWed. He is not sure
whether the judge's stipulation can be over-ruled or not.
Vice Mayor zimmerman asked if this particular plan is part
of the situation in court? Mr. Friedland informed him that
the plan which has been submitted is not the plan which is
in litigation. This is an offer of settlement. The
question before the Council tonight is do they want to take
action which will bind them to accept this density, this
recreation package and all the other parts of the applica-
tion that are Contained in the offer tonight or do they wish
to have input from staff before actually binding to accept
this settlement. Mayor zimmerman replied that he thinks
staff input is needed.
Mayor Cassandra stated a motion is on the floor with a
second to accept the agreement and an amended portion which
says to go to the TRB Board which requires a second. He
agrees it should go to the TRB Board and then passed the
gavel to second the amendment.
Vice Mayor zimmerman ascertained there was no discussion on
the amendment and called for a vote on the amendment to for-
ward this to the TRB Board. The vote was 2-3 with
Councilmen Hester and Ferrell and Councilwoman Zibelli
dissenting. Amendment lost.
Mayor Cassandra announced the motion on the floor was to
accept the settlement as proposed with the additional
requirement that the two out parcels be included in the PCD
for a financial institution and a quality sit-down
restaurant with no drive-in and specifically exclude fast
food restaurants. The vote was 3-2 with Mayor Cassandra and
Vice Mayor zimmerman dissenting. Motion passed.
Mayor Cassandra referred to the attorney preDaring an ordi-
nance for first reading and Mr. Cheney stated he assumes a
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OCTOBER 21, 1986
stipulated agreement has been accepted and the attorneys
will go to court and request the judge's approval of the
stipulated agreement. If that's the case, he assumes there
would be no first reading of an ordinance.
Mr. Friedland clarified that the effect of this vote is the
Council accepted an offer of settlement. In order to make
the necessary zoning changes that are required and in order
to make the comprehensive land use plan amendment for the
PCD, there may be some legal or technical problems to be
looked into because of the land use amendment procedure. He
suggested having Mr. Perry comment.
Mayor Cassandra stated he assumes there must be an agreement
on record about the out parcels being a part of the PCD
because that is not included in the litigation. If they do
not agree to this, the vote means nothing. He believes Mr.
Perry should respond to this with the motion including the
out parcels in the PCD and spelling out what those two items
should be in the PCD, a financial institution and a quality
sit-down restaurant.
Mr. Martin Perry, representing Tradewinds Development
Corporation, stated they have submitted an offer of settle-
ment and the Council by motion has extended a counter-offer
and they accept this counter-offer. The two out parcels are
and have always been a part of the PCD; but if there is any
confusion in anyone's mind, by accepting the counter-offer,
they agree to the limitation as to 'the bank and sit-down
restaurant and the exclusion of any fast food restaurants.
To the extent of the questions relative to recreation, they
will voluntarily agree to extend and capsulate the 1.1 acre
of municipal park with their sand pine preservation area,
which will more than makeup for the concern expressed rela-
tive to recreational needs and that will be on a voluntary
unilateral basis on their part.
Mayor Cassandra referred to Page 6 of the settlement sub-
mitted and asked if that meant if DCA does not approve this,
they are saying there is no settlement. Mr. Perry agreed
that was correct if the Department of Community Affairs does
not approve the comprehensive plan amendment, then they have
no planned commercial development because they don't have
the commercial designation.
Mayor Cassandra referred to the City showing good faith now
and asked if the state does not approve, then it is not
settled. Mr. Friedland clarified that he didn't think the
litigation would be dismissed until finding out if all the
- 40 -
MINUTES - REGULAR CITy COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
contingencies of the settlement are satisfied. One of those
contingencies appears to be the approval by the DCA of the
comprehensive plan amendment.
Mr. Perry clarified that the vote and motion accepted the
settlement as modified and accepted by him.
Mr. Friedland asked if the motion included the deeding of
that parcel to the City and Mayor Cassandra replied negati-
vely. Mr. Perry agreed it did not include that. He asked
if the letter of proposal he submitted had been accepted and
Mr. Friedland replied that the motion did not incorporate
everything that was in the letter. He does not know if it
was the Council's intent to accept everything that was in
the letter and that was not the motion he heard.
Councilwoman Zibelli stated that was her intent and
Councilman Hester agreed that was what he voted on. Mayor
Cassandra clarified that it was the majority vote to accept
the proposal submitted.
Mayor Cassandra declared a five minute break and then recon-
vened the meeting at 10:23 P. M.
OLD BUSINESS
NONE
NEW BUSINESS
NONE
ADMINISTRATIVE
Consider appointment of one regular member to Library
Board - Appointment to be made by Mayor Nick Cassandra
Vice Mayor Zimmerman moved to take this off the table,
seconded by Councilman Hester. Motion carried 5-0.
Mayor Cassandra nominated Ms. Mickie Wynn, 517 S.W. 16th
Street, for the Library Board. The nomination was seconded
and unanimously carried.
Consider appointment of one alternate member to
Community Relations Board - Appointment to be made by
Councilman Robert Ferrell
Councilman Ferrell made a motion to table, unless someone
knew of someone expressing an interest to serve on this
board. Councilman Hester seconded and the motion carried
5-0.
- 41-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
ApDrove exchanqe of holidays
Councilman Ferrell moved to approve this exchange as
suggested by the City Manager, seconded by Councilwoman
zibelli. Mayor Cassandra clarified this suggestion was con-
tained in Mr. Cheney's memo dated October 21, 1986. No
discussion. Motion carried 5-0.
Authorize Engineering Services - Post, Buckley, Schuh &
Jernigan, Inc. for design of proposed 5,000,000 gallon
level storage tank and booster pumping station on city
owned land west of Congress Avenue, south of Miner Road.
Estimated design costs $1,400,000 with final amount
depending upon actual construction costs.
Mr. Cheney informed the Council this is a continuing part of
our master plan for water. Mayor Cassandra referred to
height and Mr..Suddarth, Russell & Axon, informed him it
would be about 20 feet high.
Councilman Ferrell moved to approve this request, seconded
by Councilman Hester. Motion carried 5-0.
Mayor Cassandra asked where the $1,400,000 was coming from
and Mr. Cheney informed him this was Dart of the capital
facility charges that we have been collecting. When the new
plant is built, a bond issue will be done.
Authorize Water Plant Filter Operating Testing Program
Mayor Cassandra referred to the memo from Mr. Guidry
clarifying this request and Mr. Guidry explained the income
expected with additional connections. Mayor Cassandra
referred to DER approval being required and asked if the
approval would be obtained before the expenditure of
$1,400,000 and Mr. Guidry replied that it is proposed that
this will start now since all the groundwork has been laid with
the regulatory staff. He explained the test procedure and the
construction sequence. Mayor Cassandra clarified that his
question was whether we were going to get approval prior to
our expenditure or afterwards and Mr. Guidry replied we
would have approval for the upgrading prior to jumping. Mr.
Cheney added that Mr. Guidry has already had enough conver-
sations with DER to be confident that if we continue on the
road of the testing that we are going, they will approve it.
We will not make any major commitment to change the filters
until we have that. We are doing testing now that will
satisfy DER. Further discussion ensued regarding the cost.
Councilman Ferrell moved to approve, seconded by
Councilwoman zibelli. Motion carried 5-0.
- 42 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 21, 1986
OTHER
ayor Cassandra stated it was recommended that possibly a
niformed police department representative on duty should
be present here during Council meetings. City Manager
Cheney agreed that this could be done, but he had never
requested that because he thinks it creates somewhat of a
negative feeling. He added there is always a policeman pre-
sent and a uniformed policeman can be summoned within a few
minutes.
ADJOURNMENT
Councilman Ferrell made a motion to adjourn. The motion was
seconded, unanimously carried and the meeting properly
adjourned at 10:35 P. M.
CITY. OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
-- l/- '- City Clerk
Vice Mayor
~oun¢ilman
Cou~iiman
~ouncilwoman
D-e-puty City ~l~rk
One Tape )
-43 -
~GEND~
October 21, 1986
CONSENT AGENDA - ADMINISTRATIVE
A~LANTIC STRIPING & LINE DESlGNING, INC.
Curbing at Little League Field - Woolbright Road for
26 Car Parking Lot.
Pay from 1985/86 Budget
Pay from General Fund---00!-722-572-60-34
.B. OYNTON BEACH CHAMBER OF COMMERCE
Services for month of October, 1986
Pay from Publicity Fund---101-191-5!9-40-54
~OYNTON PUMP & SUPPLY INC.
Landscaping supplies and parts for Golf Course, Parks
Dept. and Sewerage Collection.
Pay from 1985/86 Budget
~~LI__NE UTILITIES., INC.
Labor, equipment and material to replace existing
manhole located in Pinetree subdivision.
Pay from 1985/86 Budget
Pay from Water & Sewer Rev---401-35!-535-40-3F
Council approved 9/3/86
VIS WATER & WASTE INDUSTRIES, INC.
ophos Liquid No. 1 for Sewage Pumping
Pay from 1985/86 Budget
Pay from Water & Sewer Rev---401-352-535-30-65
DESCO HYDRAULICS COMPANY
i Hyco 6-Stage Hydraulic Push Cylinder overhauled
installed including parts & labor for Sanitation $92.
Pay from 1985/86 Budget
Pay from Vehicle Service Fund---501-193-519-40-32
POW~% ~ ~IG~H~ COMPANY.
ifferential cost to provide three phase service instead
of single phase service to U.S. Post Office Lift Station.
Pay from 1985/86 Budget
Pay from Utility Capital Improve---404-000-169-11-00
e
HELEN~ CHEMICAL COMPANY
Pesticide and Chemicals for Golf Course.
Pay from Golf Course---411-726-572-30-61 GOUNOll- ??,RO SD:
1,180.00
1,375.00
2,957.70
18,000.00
16,128.80
1,329.00
1,113.00
1,556.00
-2-
10.
11.
12.
13.
14.
15.
16.
17.
HEWLETT PACKARD
Yearly Purchas~ Agreement for service contract to
maintain the Gas Chromatograph at Water Plant.
Pay from Water & Sewer Rev---401-332-533-40-99
BEN HOGAN COMPANY
MerChandise for Pro-Shop
Pay from 1985/86 Budget
Pay from Golf Course---411-000-!42-01-00
HUGHES SUPPLY INC.
1640' of 4" Class 150 - C-800 PVC Pipe for Fore Main
for Post Office Project.
Pay from 1985/86 Budget
Pay from Utility General Fund---403-000-169-11-00
IBM CORPORATION
Copier III Model 60 Copy Usage 7/1/86 to 8/19/86
Pay from 1985/86 Budget
Pay from various departments in General, Water & Sewer
Rev and Golf Course and CRA.
MANOLO GARCIA ELECTRIC MOTORSw INC.
Emergency repair to high service pump $7 motor for
Water Plant.
Pay from 1985/86 Budget
Pay from Water & Sewer Rev---401-332-533-40-33
Council approved 9/16/86
MILLER & MEIER & ASSOCIATES
Architectural services 8/26/86 through 9/25/86 for
Boynton Beach Municipal Facilities Project No. 85906.
~ay from 1985/86 Budget
NEPTUNE METER COMPANY
900 various size meters for Water Distribution
~ayY from 1985/86 Budget
from Water & Sewer Rev---40!-333-533-60-5!
PALM BEACH COUNTY MUNICIPAL LEAGUE
Membership dues for 86/87 Fiscal Year.
Pay from General Fund---001-!ll-5il-40-7G
PD~LM BEACH COUNTY SOLID WASTE AUTHORITY
Use of County Landfill for month of September, 1986.
Pay from 1985./86 Budget
Pay from Sanitation Fund---431-341-534-40-9A
COUNCIL APPROVED:
1,428.00
3,240.78
1,800.06
2,527.86
3,082.50
44,113.63
65,405.00
3,000.00
67,363.48
-3-
'i8.
19.
20.
21.
22.
23.
PALM BEACH NEWSPAPER, INC.
6 Ads for Annual Permits for Golf Course.
Pay from 1985./86 Budget
Pay from Golf Course---411-725-572-40-53
FIERCE TIRE _Cp., I~C~t-
Tires and Tubes for city vehicles.
Pay from 1985/86 Budget
Pay from Vehicle Service Fund---501-t93-519-30-22
~OUTH CENTRAL REGIONAL WASTEWATER TREATMENT BOARD
Services rend--e~ed i-~ c--onnectio--------~ ~i~ ~e~ ~nd
disposal of Wastewater for month of September, 1986.
Pay from 1985/86 Budget
Pay from Water & Sewer Rev---401-353-535-40-9I
~.S. FOUNDRY & MANUFACTURING CORP.
I" Adjusting Rings for Street Resurfacing Project.
Pay from 1985/86 Budget
Pay from Water & Sewer Rev-m-401-351-535-40-3F
.UNIJAX INC.
Building maintenance supplies for various departments
in city.
Pay from 1985/86 Budget
BOYNTON BEACH CHILD CARE CENTER
I of 4 payments as recommended by Community Relations
Board.
Pay from Federal Revenue Sharing---320-641-564-40-5A
!, 185.92
4,886.83
71,421.80
4,519.55
2,848.94
5,375.00
The bills described have been approved and verified by the
department heads involved~ checked and approved for payment
by the Finance Department.
Grady W. Swann, Finance Director
I therefore recommend payment of these bills.
Peter ~. Cheney, City Manager
COUNCI'L ee APPROVF, D:
MEMORANDUM
October 15, 1986
TO:
FROM-
RE:
Peter L. Cheney, City Manager
Carmen S, Annunziato, Planning Director
Kilday Letter of October 8, 1986 - Request for Water
Service Agreement West ~ide of Military Trail, 1/3 Mile
South of Hypoluxo Road
The prc~erty in question is zoned AR, Agricultural Residential
and it ~_~hibits Commercial Potential on the Palm Beach County
FuSureIiand Use Plan. The applicants are applying to Palm Beach
COunty ~o~ CG - General Commercial zoning with a SE Special
Exception to construct a warehouse/office, mini warehouse
facility1. This process requires confirmation of utilities from
the City.
According-to the Evaluation and Appraisal, maximum dens[ties on
th~s_~.proparty should not exceed 5.5 dwelling units/acre or 56±
units. _~is density exceeds the requested intensity resulting in
consist=~ncy with Comprehensive Plan policies for sewer and water
service to this property. Concerning annexation, this property
is beyond the western line tentatively set by ~he Council, so
annexatio~n ~s not an issue.
Based o~ ~e information presented by the applicant, approval is
re~omme~ed subject to the following:
1. C~mpliance with Utility Department construction
requirements;
A prohibition on the dsage of potable water for
irrigation purposes; and,
3.- Increasing the percentage of native tree and shrub
species to a minimum of 50% in order to reduce
dependence upon water for irrigation purposes.
/lat
CC:
JoP~n Guidry
CARMEN S. ANNUNZ~ATO
AGENDA
October 21, 1986
Mayor and City Council
Tradewinds
On Monday afternoon I received from representatives of Tradewinds a
letter from F. Martin Perry dated Ockob~r 20, 1~86 and a proposed site
plan revised as of October 19, 1986. The letter was addressed to Kirk
Friedman and eight sets of material were delivered to City Hall, five
for Mayor and City Council, one for City Manager, one for City Clerk
and one for the Planning Director.
Peter L. Cheney
City Manager
PLC: jc
LAW OFFICES
NO~TH~3RIDGE CENTRE, SUITE 701
515 NORTH FLAGLE~ DRIVE
October 20, 1986
· ALSO ADMITTED TO NEW YORK BAR
TELEPHONE 655-5955
AREA CODE 305
Kirk Fried!and, Esquire
Flagler Bank Bldg., Suite 503
591 South Flagler Drive
W~st Palm Beach, Florida 33401
D~ar Mr. Friedland:
HAND DELIVERY
Ow July 21, 1986, the Boynton Beach City Council voted to post-
pone any action on several applications for comprehensive plan
aI~endments, rezoning and portions of the City staff's Evaluation
a~d Appraisal Report on recommended changes to the City's
C~rehensive Plan relating to the Woolbriaht Place Planned Unit
Development, the Woolbright Center PCD and~the proposed industrial
a,:cess road and railroad crossing to the Elsie Winchester
1]
C
a]
A]
~dustrial tract. In doing so, the City Council indicated an
~willingness to consider these matters until the pending
~tigation between Tradewinds and the City arising out of the
~ty's March 18, 1986 denial of Tradewind's Woolbright Place PUD
)plication was resolved. Since then, the Comprehensive Plan
nendment and the PCD have been added to the litigation.
The action affects the entire 114.9276 acre tract which
i~corporates the First Baptist Church, the 618 dwelling'unit PUD .
aS well as the 211,000 square foot planned commercial development,
the proposed industrial access road which separates the PUD from
the PCD east of proposed S.W. 8th Street and the proposed railway
c~ossing to the %~inchester tract as well as the proposed closing
of the ex~sting crossing at Ocean Drive to the north.
We have previously submitted two proposals for settlement in
letter form which were addressed to the City Attorney, James
Vance. Both of these were rejected at hearings before the City
Council, Since then, as you are aware, Mayor Cassandra suggested
that each of the Council members provide their written comments
and specific directions with respect to changes which each of them
individually desires to see in terms of reaching a compromise. We
have received comments from three council members, these include
Mayor Cassandra and Commissioners Zibelli and Zimmerman. If the
newspapers can be relied upon, apparently Co~nssioners Ferrell and
Kirk Friedland, Esquire
October 20, 1986
Page Two
Hester have no problem with the previous submittals as, in fact,
has been previously indicated by them in public hearings. This
letter and the enclosed revised master plan attempts to
incorporate as many of the comments from the three Commissioners
who did respond as we can reasonably incorporate.
My client, Tradewinds, continues in its desire to enter into a
stipulated court settlement r~solving every aspect of the two
planned developments for this entire tract which will be mutually
satisfactory to the greatest number of persons affected. Toward
this end, we submit this third letter proposal and the enclosed
master plan of the entire site, which we believe accomplishes that
goal. The enclosed master plan is identified as that certain
master plan prepared by Kilday & Associates bearing drawing number
85-34, last revised on October 19, 1986 which should hereafter be
referred to as "Master Plan".
Our proposal is as follows:
1. WOOLBRIGHT PLACE P.U.D.: The enclosed master plan
reflects 520 dwelling units located on 85.2876 acres which equates
to a gross density of 6.00 dwelling units per acre. This
represents a reduction of 98 dwelling units from the master plan
which is in litigation - a 15% reduction. In relating ~%is to our
o~iginal plan of 800 units, this represents a 35.0% reduction in
total units since the original application was filed in late June,
1985.
Please note that this plan also accomplishes the following:
A) A detached single family housing tract consisting
of 70 single family dwelling units, a sand pine preservation area
and a 3.76 acre open space/passive recreation area are wrapped
around that portion of Lake Boynton Estates which borders our
north property line. We believe that this satisfactorily
addresses the concerns of the compatibility of this plan with the
existing single family homes in that area.
B) As before, we have similarly addressed the issue
of land use compatibility with that portion of Palm Beach
Leisureville laying adjacent to the S.W. 8th Street right-of-way
Kirk Friedland, Esquire
October 20, 1986
Page Three
as it presently exists. That is, we have placed a 4.5 acre lake,
single family homes, and a sand pine preservation area as well as
a 50 foot bermed, fenced buffer area between those homes and our
proposed units.
C) S.W. 8th Street has been reconfigured to create a
T intersection within the P.U~D.. The ~ntent of this reconfigur-
ation is to reduce its use from potentially arterial to local in
nature. This intersection will obviously require stop signs for
traffic control. The reduction in density will eliminate some
725 vehicle trips per day from the P.U.D. as a whole. This fact,
when coupled with a requirement for left turn only signs at the
west approach to S.W. 8th Street on the industrial access road
will significantly soften this project's impact to the north on
S.W. 8th Street.
D) The multi-family housing, which will be limited
to two and three story condominiums, is now substantially
separated by single family homes from the single family homes in
Leisureville and Lake Boynton Estates. We believe that the
multi-family area which is now bordered by the industrial access
road to the south, the railway tracks - industrial uses - 1-95 to
the east, and the church parcel - lake - sand pine preservation -
S.W. 8th Street - single family housing parcel to the west and
north not only constitutes a good transitional zone, but also good
planning consistent with the goals and objectives of Boynton
Beach's Coiaprehensive Plan.
2. INDUSTRIAL ACCESS ROAD AND NEW RAILWAY CROSSING:
Although there has been disagreement as to the alignment of this
road, little argument can be offered as to the overall benefit of
this road not only to Elsie Winchester, but more importantly to
the residents of Lake Boynton Estates to the north because this
proposal will be conditioned upon the closure of the crossing at
Ocean Drive thereby eliminating a hazardous existing condition.
As reflected on the enclosed master plan, we propose that the road
be located as recommended by our traffic consultants, Murray-
Dudeck and Associates and Barton-Aschman & Associates. They have
both advised the City that this is the proper alignment. If this
alignment is acceptable, we shall withdraw our objections to Mrs.
Winchester's comprehensive plan amendment application for the road
Kir~ Friedland, Esquire
October 20, 1986
Page Four
and the crossing. We have planned our project with the road in
mind and others will significantly benefit from this road and
crossing.
3. WOOLBRIGHT CEI~ER P.C.D.: We believe that it is
generally conceded that the commercial potential of this site in
total is set by the industria~ access road as well as the language-
of the comprehensive plan. This~was r~cognized by the City staff
as early as the initial filing. The minutes of the Planning &
ZDning Board reflect the following stateraents by Tim Cannon:
"The Staff's finding in respect to the market
analysis submitted by the applicant was that
it supported C-3 zoning on the parcel. How-
ever, it had a much weaker conclusion with
respect to the demand for the C-1 zoning,
since there is somewhat of a "glut" of office
buildings in the area.
Staff also found that commercial zoning at
this location would meet the City's Compre-
hensive Plan criteria since it is in proxi-
mity to ma]or intersections (I-95 and Wool-
bright Road). They also found since
co~nercial zoning is already established in
the area, commercial zoning on these two
particular parcels would not constitute
spot zoning." (at page 23)
Tradewind's current P.C.D. proposal, which the City Council has
since denied includes 173,000 square feet of retail commercial and
38,000 square feet of office park for a total of 211,000 square
feet. We propose to reduce this to a total of 199,000 square feet
cpnsisting of 173,000 square fee% of retail and 26,000 square feet
of office park. As a result, we are proposing 199,000 square feet
of P.C.D. on 29.64 acres which equates to 15.4% site coverage.
This is a 20% reduction in site coverage from the original C-3
a~plication in 1985.
A~ditionally, the 12,000 square foot reduction represents a
r~duction of 1,200 vehicle trips per day from the project.
Kirk Friedland, Esquire
October 20, 1986
Page Five
It is also important to note that no effort has been made to
utilize any of the additional acreage created by the industrial
road in terms of additional square footage or site coverage.
Further, by applying 75% of the 12,000 square foot reduction to
the office park, we have further reduced any concerns about the
existing glut of office space ~in the g~neral area. The original
C-3 proposal of 62,000 square fe~t of two story office buildings
is now proposed to be reduced to 26,000 square feet of one story
office buildings.
4. CO~DITIONS OF APPROVAL OF P.C.D. and P.U.D.:
T{adew~nds agrees to be bound only by the S.W. 8th Street corridor
H~ghway Requirements, Fair Share Impact Fees and Conclusions set
f~rth on pages 25-25 inclusive of the Traffic Impact Analysis
R~port on the overall Woolbright Road - S.W. 8th Street Projects
prepared on April 1, 1986 by Daniel N. Murray, P.E. and all other
applicable ordinances of the City of Boynton Beach.
This proposal is submitted in the interest of effecting a
stipulated court settlement of all issues related to this entire
1~4.9276 acre tract. We request that this proposal be presented
tD the City Council for its consideration at the public hearing
s~heduled for Tuesday, October 21, 1986 at 7:30 p.m. If found to
b acceptable to the Commission, then we suggest that the
C Dmmission authorize you to enter into a stipulated settlement of
t~e pending litigation, which now includes the P.U.D., the
CDmprehensive Plan Amendment and the P.C.D., subject only to the
cpnditions in the Murray-Dudeck report as described herein, and
all other applicable ordinances of the City for the development of
the site. In this latter respect, Tradewinds acknowledges that
t~e City cannot bind Palm Beach County as to its Fair Share
T{affic Impact Fee Ordinance and that Tradewinds shall be subject
to the County's implementation of that ordinance. As part of the
stipulated settlement, the City will agree to supplement and/or
amend the City's Comprehensive Plan Amendments and evaluation and
appraisal report which have been sent to the Department of
Cgmmunity Affairs with appropriate documentation to reflect the
agreements contemplated herein.
The intent of this proposal is to lend finality to this
approval process. To the extent that ordinances may be required
Kirk' Friedland, Esquire
October 20, 1986
Page Si x
to implement any of these actions, the settlement agreement shall
provide for this to be done subsequent to the entry of an order
from the Court confirming and ratifying the agreement. The Court
shall maintain jurisdiction over the matter to insure both parties
adherence to the terms of the settlement agreement.
As further consideration for t~is settlement proposal, Tradewinds
agrees that if the proposal is acceptable to the City, and the
foregoing actions are taken, it will:
1. Agree to reimburse the City for any and all
attorneys fees and expenses it has incurred in conjunction with
the pending litigation within ten (10) days of the receipt of an
invoice subsequent to the approval of the P.U.D. as contemplated
herein.
2. Deliver a full and complete release from Tradewinds,
its officers, directors, stockholders, employees and/or agents and
representatives as to any and all actions or causes of action
which it or they may have against the City and/or any of its
o~ficials, employees, consultants and/or agents arising out of the
P~U.D. applications. This shall be delivered to the City upon
Tradewinds receipt of the requisite executed ordinances of
approval and site plan approval in conformity herewith. The
releases shall be held in escrow by the undersigned and delivered
to the City in accordance with this provision. (Proposed form
enclosed).
3. Deliver a full and complete release from Tradewinds,
i~s officers, directors, stockholders, employees and/or agents and
r~presentatives as to any and all actions or causes of action
which it or they may have against the City and/or any of its
officials, employees, consultants and/or agents arising out of the
P~C.D. applications. This shall be delivered to the City upon
T~adewinds receipt of the requisite executed ordinances of
a~proval and site plan approval in conformity herewith. The
r%leases shall be held in escrow by the undersigned and delivered
t~ the City in accordance with this Provision. (Proposed form
enclosed).
In is understood by Tradewinds that the approvals contemplated
h~rein as to the Comprehensive Plan Amendment and the P.C.D. shall
James W. Vance, Esquire
August 22, 1986
Page Seven
be subject only to the successful review of the Comprehensive Plan
kmendments by the Department of Community Affairs.
We believe that the foregoing proposal represents a more than
reasonable and fair compromise of all issues relating to this
tract of land. We have substantially reduCed the residential
density and the commercial squsre footage in this project. In
addition thereto, we are accommodating access to the Winchester
industrial parcel which further results in the closing of the
Ocean Drive crossing. The current proposed density reduction and
square footage reduction translates into the elimination of some
1,800 vehicle trips per day. We encourage the City's favorable
consideration of this proposal in order to finally resolve the
overall planning of this tract Which has now been in process for a
year and a half. The result is the exercise of what has been
acknowledged to be a unique opportunity to control the planning
and design of a tract which heretofore has been in several
ownerships. %~e firmly believe that this proposal is in the best
interest of all concerned.
The foregoing offer of settlement is intended to resolve all
matters fully and completely. This offer shall remain open until
Thursday, Noveraber 6, 1986.
Please advise in the event you have any questions or comments.
Best wishes.
F~P/s jc
Enclosures
cc:
Very truly yours,
Tradewinds Developmen~ Corporation
Kieran Kilday
Michael Schroeder, Esquire
Honorable Nick Cassandra, Mayor
Honorable Carl Zimmerman
Honorable Dee Zibelli
Honorable Robert Ferrell
Honorable Ezell Hester
Peter Cheney, City Manager
Carmen Annunziato, City Planner
Joel Wantman