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Minutes 12-03-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 3, 1985 AT 7:30 P.M. PRES ENT N~ck Cassandra, Mayor Robert Ferrell, Vice Mayor Ezell Hester, Jr., Councilman James R. Warnke, Councilman Carl zimmerman, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:30 p.m. and announced the Invocation will be given by Rabbi Avrom L. Drazin, Congregation Beth Kodesh, followed by the Pledge of Allegiance to the Flag, led by Councilman Warnke. AGENDA APPROVAL C~uncilman Warnke wanted to pull Item H. concerning the destruc- tion of records from the Consent Agenda for discussion. City Manager cheney had three bills to add to Consent Agenda Item J.: $4,963.14 to SCRWTD Board for professional services in connection with plant expansion and two bills from the City Attorney's office in the amounts of $1,125 for the City's involvement with the Lopez-Torres court case and $1,500 for the City's involvement with a codes enforcement Court of Appeals issue involving Alfonse and Antoinette Lembo versus the City. Councilman Rester had an ann~ouncement to add. Mayor Cassandra added an announcement r~qarding the City Manager. Councilman Warnke moved, seconded by Councilman Zimmerman, to approve the Agenda as corrected. The motion carried 5-0. ANNOUNCEMENTS Mayor Cassandra made the following announcements:  ity Hall will be closed December 23, 24 and 25, 1985 for hristmas and January 1, 1986 for New Year's Day.  here will be no change in the sanitation pick up schedule for he Christmas and New Year's holidays. Qouncilman Hester announced that one of our citizens, Woody Hay, Jr., age 19, had a heart transplant in a Gainesville hospital and is reportedly doing very well; he is walking and exercising in his room The family, however, needs aid; contributions to the fund can be sent to Barnett Bank on Federal Highway in Boynton Beach. Mayor Cassandra announced that City Manager Cheney has been appointed to serve on the Environmental Quality Committee of the Florida League of cities. He and other staff members have been selected to give their opinions on many city affairs issues. Mayor Cassandra congratulated Mr. Cheney on a job well done. - 1 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 CITY MANAGER'S REPORT Five-year Road Program - County Commissioners As the Council requested at the November 19 meeting, Mr. Cheney said he and Mr. Carmen Annunziato, Director of Planning, attended the meeting of the County Commissioners today and made a presen- tation in support of their five-year road program, particularly speaking in favor of maintaining the Woolbright Road project in the five-year plan. The Board of County Commissioners this afternoon approved the five-year program as it was printed, which included the Woolbright Road project. Day Care Center Mr. Ed Rich, Assistant County Administrator, advises that the County Commission will be acting on the day care issue on December 5. As the School Board is not asking for this respon- s a ibility, we expect that the day care will continue to be part of County government department. Mr. Rich is to call on Friday, ecember 6, and advise of the Commission's decision, and City ersonnel will meet to discuss our relationship, our land, the ay care building, etc. Post Office An alternative entrance to the Post Office has been discussed, qel have worked hard to resolve this problem. ~overing utilities should be finalized soon. ut it does not look as though that is reasonable to carry out. he cost of putting in a road over the muck and wet area is near 200,000. We expect the Post Office to advise us in writing that hey will improve, almost as a three-lane road, the alley between ublix and the Post Office. The street across from the Post ffice has been named Winchester Boulevard; the County will do heir best to synchronize their traffic lights at Winchester oulevard and Congress Avenue. until the low area is developed, his is probably the most reasonable access; Post Office person- An agreement Aegislation A letter was received today from the County delegation asking if ~e wanted to present any information or testimony to them in ~egard to legislation. If so, we should be ready to do that in January, when they will be meeting at the Boca Raton City Hall and in county buildings in West Palm Beach. City Tour Mr. Cheney would like to arrange for a group, including the ~ress, some Saturday in January to take a half-day trip in a van - 2 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 around the City to visit some places that may or may not have problems. Mayor Cassandra thought the idea was excellent. Report on Noise Regulations - Deleted from Agenda at the November 19, 1985 Meeting Craig Grabeel, Assistant to the City Manager, has a meeting sche- duled with Dr. Dunn of Florida Atlantic University next week to go over some remaining inconsistencies in our Code. At the next Council meeting we hope to have a proposed revised Ordinance and in January the training program can be started. Report on City's Trash and Sanitation Program - Deleted from Agenda at the November 19, 1985 Meeting This report is at the request of the Mayor, who is particularly interested in the trash and horticultural parts of the City's program. It is impossible to look at one part without con- sidering the entire program. A report was submitted to the Council describing the five-part program and listing the numbers of personnel assigned to each function. Mr. Cheney said the gar- bage collection at each residence twice a week, dumpster collec- tion at residences and commercial sites and the roll-off container collection must be accomplished on a regular basis. T a a a d he employees have good attendance records, but if there is a hortage of personnel in these mandatory programs, people are aken from the trash and horticultural program to work in those reas. The inconsistency of the seasons creates another problem; e sometimes get behind during periods of heavy cutting. We have n on-call program for special pick ups. Putting out small mounts each time for the regular collections is the best way to ispose of trash and horticultural waste. Councilman Warnke told about the day before Thanksgiving when collections were made on Wednesday instead of Thursday in the north end, and few residents on his street had heard of the sche- dule change. The truck came at 8:00 a.m. rather than the custo- mary noon hour. Mr. Cheney said the schedule change had been advertised in the paper prior to that date; he suspected the trucks came earlier in the morning because few people had anything out for pick up. Mr. Richard Walke, Director of Public Works, said five of the large trucks drove around the route a second time and made additional pick ups. Mr. Cheney said a ~econd trip is made when it is obvious that people do not know about the schedule changes. Mayor Cassandra told of complaints he had received from people who had called to ask what day cut tree trunks would be picked up and were advised there is no regular schedule; they were con- cerned that their grass would be destroyed. - 3 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 Mr. Cheney thought this is one of the few cities where anything will be picked up year round without charge; we go far beyond the Code in providing services. Mayor Cassandra said the purpose of this report was to expose and resolve problems that exist and improve communications. Mr. Cheney said, when the transfer station opens on Lantana Road at 1-95, anyone will be able to dump material into the landfill for a charge of $1. Councilman Warnke said the Municipal League of Cities has recently made studies regarding communication with the citizens. He thought an informational letter or newsletter should be published, outlining the City policies and giving phone numbers 4o call for problems and services. In addition, Mr. Cheney would like to distribute such a brochure to all of the new develOp- ments. Report concerning limitation to number of consecutive terms Mayor and City Council Members may serve - Deleted from Agenda of the November 19, 1985 Meeting This issue is being addressed at the request of the Mayor. Mr. Cheney furnished the Council Members with copies of a comparison Of what seemed to him to be the advantages of limiting the number of consecutive terms to two and having no limitation to the number of terms. This list of comparisons was read to the public. Mayor Cassandra felt this report should be considered; nd if there should be any interest, it could be placed on a suture agenda. PUBLIC AUDIENCE Wilda Searcy - Drug Sales/Housinq Development/Dumping Mrs. Wilda Searcy, 402 N.E. 13th Avenue, said she had brought up the matter at the last meeting of drugs being sold at 13th Avenue and Seacrest. On the way to this meeting, she observed people loitering at that corner. Mrs. Searcy thought Mr. Schnier should be encouraged to discuss plans for constructing housing on vacant lots in her neigh- borhood. The Police were notified when Mrs. Searcy caught someone dumping. She thinks people are bringing material from other communities to dump in this neighborhood. Mr. Cheney said Mrs. Searcy and the Police Chief have had conver- sations about drugs, which is an important concern and for which people are arrested on a regular basis. He said Mr. Schnier had - 4 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 rescheduled the meeting he mentioned November 19. The dumping is due to the lack of respect for the property of other people. Councilman Warnke said a recent newspaper report of a study showed that 100 drug arrests have been made in the past year in the area around N.W. 13th Avenue; he believes the Police are doing their job. Jerry Klein - Codes Enforcement Complaint ' Mr. Jerry Klein, 236 N.E. 20th Avenue, said he has complained about the boisterous conduct of the occupants at 281 N.E. 19th Avenue and the fact that they keep a bus, camper and a station wagon parked on the property. He received a reply from the City Manager stating that an inspection was made and a bus found, but no camper or station wagon; Mr. Klein believes they were both setting by the fence. Later the station wagon was moved and the bus backed up to the fence. Six weeks have passed since the letter came, and the bus is still there; therefore, he does not believe the issue received follow-up attention. Mr. Klein also asked for the City's definition of what constitu- tes a family. When the owners bought this house, there was a husband, wife and a 20-year old son; now there are about 15 children and an untold number of adults occupying it. The reply was that no more than three unrelated adults and five children (natural, adopted and foster) may occupy a single.housekeeping unit. Mr. Cheney explained the treatment of code violation cases and the process involved with bringing them into compliance. He invited Mr. Klein to attend the Codes Enforcement Board meetings and see for himself what is involved. Mayor Cassandra asked that Mr. Cheney investigate this situation further and send a letter to Mr. Klein. Ralph Marchese - Terms of Mayor/City Council Members Mr. Ralph Marchese, 1901 Roma Way, told the Council he thinks the Mayor and city Council Members should be allowed to serve longer than two terms. He commented on the points the City Manager made and said he thinks it is a mistake to end their terms at the time when they have gained some experience and are getting involved. CONSENT AGENDA A. Minutes 1. Regular City Council Meeting Minutes of November 19, 1985 2. Special City Council Meeting Minutes of November 26, 1985 - 5 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 B. Bids 1. "T" Ball Field Lighting Installation - Engineering The Tabulation Committee recommends awarding the bid to American L~ghting Installation of West Palm Beach in the amount of $5,393.85. Annual Bid for Ball Retrieval/Eight Lakes at Municipal Golf Course The Tabulation Committee recommends awarding the bid to International Golf, Inc. of Deerfield Beach. 3. Equipment Replacement for Civic Center - Recreation The Purchasing Department concurs with the decision of the Recreation Department to purchase the stage equipment from Stage Equipment and Lighting, Inc., of Miami; this is the only local company which can provide both the equipment and service. C. Resolutions 1. Proposed Resolution No. 85-BBBB Re: Final Plat Approval, Chalet IV, Plat No. 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR CHALET IV, PLAT NO. 2, A PART OF THE MELEAR P.U.D. IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST. 2. Proposed Resolution No. 85-CCCC Re: Final Plat Approval, Hunters Run, Tract F-1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ~INAL PLAT FOR TRACT F-1 AT HUNTERS RUN IN SECTION 1, TOWNSHIP 45 SOUTH, RANGE 42 EAST. 3. Proposed Resolution No. 85-DDDD Re: Final Plat Approval, Hunters Run, Tract F-2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR TRACT F-2 AT HUNTERS RUN IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST. 4. Proposed Resolution No. 85-EEEE Re: Release of Restoration Bond for the Excavation and Fill for The Promenade, Parcel III, Boynton Beach Mall A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, TO RELEASE THE EXCAVATION AND FILL BOND POSTED TO GUARANTEE RESTORATION AND/OR COMPLETION OF THE EXCAVATION AND FILL FOR THE PROMENADE, PARCEL III, BOYNTON BEACH MALL. - 6 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 D. Development Plans None· Ee Consider request for refund for Cemetery Lots 109 A & B, Block R, Boynton Beach Memorial Park, Addition ~1 Refund in the amount of $360 requested by Fred A. and Helen P. Rhoads in their correspondence of November 20, 1985. Fe Consider request submitted by Mr. David E. Kocher, Project Manager of LeCesse Corp., for approval to place one (1) construction trailer in conjunction with the construction of Savannah Square Shopping Center, located at Congress Avenue and N.W. 22nd Avenue The Building Department recommends approval in accordance with Chapter 25, Section 25.7 of the City of Boynton Beach Code of Ordinances. Ge Consider request submitted by Mr. Lester R. Colodny, President of Atlantic Scene Development Corp., for approval to place one (1) construction trailer in conjunction with the construction of Costa Bella Project Site, located at N.W. 10th Street and 8th Avenue The Building Department recommends approval in accordance with Chapter 25, Section 25.7 of the City of Boynton Beach Code of ordinances. Approve request for zoning approval for Alcoholic Beverage License for: Fitzgerald's 2923 South Federal Highway Boynton Beach, FL 33435 The Deputy Building Official advises that zoning for the location permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. J. Approval of Bills See attached list, plus the addition of the following: SCRWTD Board prOfeSsional services in connection with plant expansion. $4,963.14 james W. Vance, P.A. Professional services during the City's involvement with the Lopez-Torres court case. $1,125.00 - 7 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 James W. Vance, P.A. Professional services for the City's involve- ment in a codes enforcement Court of Appeals issue between Alfonse and Antoinette Lembo and the City. $1,500.00 Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve Consent Agenda items A, B, C, D, E, F, G, I, and J with the addition of the three bills. The motion carried 5-0. Approve authorization to dispose of records - City Clerk Councilman Warnke said the Board of Directors of the Historical Society has requested that the City Council Agendas and support material dating from 1956 to 1984 be turned over to them after it is microfilmed by the City Clerk. Ten cubic feet of material is involved, for which the Historical Society would arrange storage. Councilman Warnke moved, seconded by Vice Mayor Ferrell, to dispose of the city Council Agendas and support material after microfilming by transferring to the Historical Society. The motion carried 5-0. PUBLIC HEARING Consider request submitted by Kieran J. Kilday, agent for Edward I. Singer for approval to annex a 1.56 acre tract of land located on West Boynton Beach Boulevard at Knuth Road, the northeast corner. This project is known as Greentree Plaza II. (Continued to December 3, 1985 meeting) Be Consider request submitted by Kieran J. Kilday, agent for Edward I. Singer to show land as Local Retail Commercial and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial) for the purpose of constructing a 20,000 square foot retail/office building on West Boynton Beach Boulevard at Knuth Road, the northeast corner. This project is known as Greentree Plaza II. (Continued to December 3, 1985 meeting) Mr. Annunziato said these two items will be addressed together for presentation purposes; he showed overlays indicating the location in regard to current corporate limits. Based on the Council's actions in the past with respect to commercial uses on this corner, particularly a gasoline station, staff has recom- mended that this tract be annexed but not zoned C-3 as opposed to C-1. Approximately one year ago when an application was made, the Council's discussion indicated their opinion was that tracts of land on the north side of Boynton Beach Boulevard between KnUth Road and what is now Winchester Boulevard should be C-1 with office and professional uses. The applicant is r~equesting to be permitted to construct a combination office/retaiil building - 8 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 of 20,000 square feet. Based on the Council's policy statement last year, staff recommends C-1 zoning; the Planning and Zoning Board has forwarded their unanimous recommendation to annex and zone this property C-1 and to deny the request for C-3 zoning. The treatment of Knuth Road is a remaining issue. Mr. Walker, Palm Beach County Traffic Engineer, has been asked to analyze this and the following request with respect to future con- figuration of Knuth Road, which is now a one and one-half lane dirt road with a one-lane wooden bridge over Canal 24 and not suited to urban development. If this annexation and the zoning is to occur, staff recommends that the owners of this property be made to pay a proportionate share of the reconstruction of Knuth Road, including plans and rights of way purchasing, together with the next application, Capitol Professional Center. The propor- tion should be based on the number of trips per day each would add to the system. In response to a question by Councilman Hester, Mr. Annunziato said the applicant received zoning from the County for a commer- cial category, which is more extensive or more liberal than our C-l, although it had some restrictions placed upon it. One requirement is that the applicant confirm to the County that uti- lities are available; he feels that he has that concurrence based on a letter that was written in connection with the gasoline sta- tion a year ago. That is a matter of discussion which, if challenged, would be a legal matter. Vice Mayor Ferrell was at the Planning and Zoning Board meeting, and he said the reason for the C-1 recommendation was based on the perceived policy of the Council, not because of opposition to the C-3. Mr. Annunziato said in the past staff recommended the C-3 zoning, which would have accommodated a gas station; however, that was not the impression the Council gave by their action on the Singer application. Mayor Cassandra asked for clarifiction of the definition of an automotive service station and asked if this means a gas station, and Mr. Annunziato said it is one that sells motor fuels, does minor repairs and has accessory uses, such as the sale of parts. Councilman Warnke asked why annexation and rezoning are done simultaneously, and Mr. Annunziato replied that our Code requires that property be zoned when it is annexed and zoning cannot be done without first applying a land use to the property. Councilman Zimmerman asked if the developer is likely to accept C-1 zoning if we recommend annexation, and Mr. Annunziato said they prefer C-3 zoning because they are interested in construc- ting a building which will contain both offices and retail space. They are not interested in gasoline stations or other usage; - 9 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 however, the C-3 zoning category is open and uses cannot'be limited. He said the applicant may offer a proposal tonight to overcome this problem. Mr. Kieran Kilday, said his client owns Greentree Plaza I, which is an operating CG (General Commercial) zone center within Palm Beach County. It is part of a previous service agreement and is serviced by Boynton Beach utilities; the agreement stipulates that at such time as the City limit abuts this property, the City has the right to annex this parcel. Mr. Kilday said he suggests that the property containing Greentree Plaza I be annexed at the same time as the parcel under consideration here tonight. Mr. Kilday said the property on this application also has a CG zoning, which is similar to the City's C-3 zoning, but allows certain special exception uses including a planned commercial development. The County is allowed to restrict those uses; this particular 20,000 square foot building has 21 conditions of approval, one of which is that no service station be allowed. Palm Beach County's definition of a service station is anything that sells gas. Another condition is that this be a mixed use property, requiring that no more than 10,500 square feet be allowed for retail use with at least 9,500 square feet as office use. Mr. Kilday said they are proposing to attach the County's 21 con- ditions to the City's requirements for that piece of property. These conditions cannot be attached to a general zoning request, but they could be attached to the City service agreement for uti- lities. He said they now have the general service agreement which was approved at the time a service station was proposed for that location. Mr. Kilday suggested that they simultaneously present to the City an amended water service agreement that con- tains all of the County's stipulations, including no service sta- tion or gasoline pumps and stipulations regarding the percentages of office and retail allowed. That would allow them to proceed to construct their building within Palm Beach County subject to the service agreement. The annexation could be held and included with a group of Comprehensive Plan changes to be submitted during the year. Attorney Vance said one reason this approach developed is that they are in the process of revising the existing water service agreement. He said the Council has reviewed proposed site plans in connection with applications for water service agreements and there have been general descriptions of what developers were planning to build, but in essence we have given them a blank check in our agreements to furnish service. Suggestions have been made that we require that documents be attached, such as the site plan, and that we specify the number of connections we would give them rather than just offering service to a piece of pro- - 10 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 perty. Mr. Vance said they have draft copies of a revised agreement, and it might be useful in this instance. He said we would not foresee attaching 21 conditions in the future to the average water service agreement. Mr. Cheney said the revised agreement will hold the developer to the attached site plan. Mayor Cassandra mentioned that with this proposed arrangement the plans would not go before a committee to consider toxic materials. Mr. Kilday replied that no fuel storage is planned on the site; therefore, there would be no toxic materials. Councilman Warnke asked if an independent marketing study has been done to determine if it is feasible to build more offices and stores in that area. Mr. Kilday said as part of the County zoning process a market analysis was presented and reviewed. He said the type proposed for this site is feasible; it is a small- scale office as opposed to a professional office building. In response to Mayor Cassandra's question, Mr. Kilday said the land use and the treatment of Knuth Road are no problem. With the exception of the right of way, which they are currently working on, his client has already agreed to everything related to construction, such as removing the existing bridge and reconstructing it. Councilman Zimmerman suggested accepting the recommendation of the Planning and Zoning board. Vice Mayor Ferrell felt the P&Z Board might not have understood clearly the Council's thoughts on the application for this location last year and what was said might have been misconstrued; he thought the Council's concern was that a gas station not be built. He commented that there is retail space next door. Councilman Warnke thought the built-in controls through the water service agreement would satisfy the concerns he had voiced earlier. Attorney Vance said the water service agreement dies when the property. . is annexed into the City; it only applies outside the City limits. At that time, however, the structure would be built. Mr. Annunziato said we have asked the applicant to submit to the municipal site plan review procedure, which he has agreed to do; we would like him to do that before pulling a permit through the County, though that is his option. Mayor Cassandra announced that this is a public hearing and asked if anyone wished to speak in favor of or against these requests. No one responded, and the public hearing was closed. Vice Mayor Ferrell moved, seconded by Councilman Hester, to continue this request to December 17, 1985 at 8:00 p.m. The motion carried 5-0. - 11 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 A short break was taken, and the meeting resumed at 9:25 p.m. Ce Consider request submitted by F. Martin Perry, agent for Knuth Road Associates, to annex a 3.495 acre tract of land on Old Boynton Road at Knuth Road, the southeast corner. This project is known as the Capitol Professional Center. (Continued to December 3, 1985 meeting) Consider request submitted by F. Martin Perry, agent for Knuth Road Associates, to show annexed land as Office Commercial and to rezone from AR (Agricultural Residential) to PCD (Planned Commercial District), for the purpose of constructing two 33,000 square foot professional/medical office buildings on Old Boynton Road at Knuth Road, the southeast corner. This project would be known as the Capitol Professional Center. (Continued to December 3, 1985 meeting) Mr. Annunziato said the proposed buildings are four-story, and he showed the location on an overlay. Access will be from Old Boynton Road and from Knuth Road. The P&Z Board unanimously recommended annexation subject to staff comments. Their questions concerned appropriate building bulk at this location and the appropriate traffic pattern on Old Boynton Road. A letter was submitted by DeBartolO Corporation suggesting that, in this instance where Old Boynton Road ~s five lanes, the traffic coming from the west and turning into the mall be the sole user of the median. As the road currently exists and is striped, a left turn may be made coming from the east or the west, which this applicant requests be continued, with the striping changed enough to allow him to use the fifth lane for westbound left turns into his property. Mr. Walker, the County Traffi E~glneer, has reviewed this concern and gone on record consistent with the applicant's request that the me~ian be restriped to allow left-turn lanes from either approach. Mr. Annunziato said this applicant has been asked to share, along with the Singer annexation, in the cost of constructing Knuth R~ad as an urban road; this includes preparation and plans for t~e purchase of right of way. At the P&Z Board meeting, the applicant agreed to this but requested the authority to speak wSth Mr. Walker about potential County cost sharing. A motion was made by a member of the P&Z Board to approve the zoning; the request comes to the Council with a 3-3 vote. The staff recommendation was to approve subject to staff com- ments. This application falls in a different category from the one previously considered, as this public hearing was advertised after October 1, 1985. This application will receive 90 day Department of Community Affairs review prior to adoption. Mr. Cheney asked Mr. Annunziato to explain what controls the PCD zoning puts on this property. He replied that the initial - 12- MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 restriction relates to the ownership of the land and the ability to develop it; it is under unified control and provides for a commercial district of efficient and harmonious design and is developed according to comprehensive and detailed plans for streets, utilities, lots, building sites, etc. A site plan review procedure is required, at which time the proper drainage configuration, landscaping and building elevations are discussed. All of the qualifying data, such as traffic impact statements and application for annexation, becomes part of the public record and the file and limits the use of the site. With a PCD, the uses proposed are the only uses to which the structure can be built. On this application, Mayor Cassandra said he believed the 3-3 vote by the P&Z Board was because of concern for the 45 foot height. The height of this building would be similar to the Lord and Taylor building across the street in the mall. For com- parison, the First American Bank building is 45 feet high. Mr. Martin Perry, agent for the applicant, asked for clarifica- tion as to where they stand with this project relative to the Comprehensive Plan. Mr. Annunziato said the difference between this application and the previous one is when it was advertised. An attorney for the Department of Community Affairs has offered an opinion in writing which advises that, if an application is advertised prior to October 1, it can be adopted without the benefit of the mandatory State review, which became effective October 1. We are still limited, however, to the two amendment procedures per year. This application was advertised after October 1 because of the date it was submitted; therefore, it does not fall into the benefit which was gained by the DCA letter. This application, therefore, is required to be forwarded to the DCA at the time the Council determines proper in a plan amendment procedure, and it cannot be adopted until DCA has per- formed its review. Mr. Perry asked how that impacts the proceedings this evening; is the Council authorized to proceed with consideration of the annexation, Comprehensive Plan amendment and rezoning subject to review by the State? Attorney Vance said this is a new, major piece of legislation, and there are no established procedures. He thought the practical approach would be to go through the first reading of an ordinance; we could not do the second reading, amend the Comprehensive Plan or adopt the zoning. This ordinance could then be forwarded to the DCA, stating that the City Council has approved it on first reading and is forwarding it for review prior to the second reading. Mr. Perry agreed to proceed on that basis; in the interim he would like to approach the DCA to see whether he can obtain a more definitive ruling, which would protect the City in terms of not interfering with its permitted two meeings per year and obtain a favorable ruling from his point of view that would allow the ordinance's second reading. MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 Mr. Perry said the application was filed August 28, and he has a letter from the Planning Department dated September 12, indi- cating it had been prepared and was being processed; he believed it was advertised in October. This petition is not the same as the preceding one, which was advertised prior to October 1 but was postponed 30 days. Mr. Cheney said they anticipate that this application would go to the DCA with the group in July, but Mr. Perry may be able to get the DCA to rule that this application was submitted before October 1. Mr. Cheney explained that they plan to submit three other annexa- tions, therefore, land use amendments--the post office, a series of rights of way and a piece of land on High Ridge Road (Max Schorr property)--to the DCA in April, along with the DNA Report, which is an analysis of the old Master Plan. In May, they will begin reviewing land use amendments only to be submitted in July. In July, August and September, they plan to review routine planning material, such as site plans. In October, November and December, having received a reply from the State, they plan to again review land use amendments to be submitted the following January. The number of applications considered in each of these periods depends on the number approved. If he is not successful with the DCA, Mr. Perry said he hopes his application could be included in the group in April rather than July, as all of the review relative to this application has been completed, with a full staff recommendation relative to the Comprehensive Plan amendment. Mr. Cheney said he cannot answer that request tonight, but it may be possible. Mr. Perry said the proposed height of this project is in accord with the allowance in the PCD ordinance and is in line with what is happening across Old Boynton Road at the mall. He said their traffic engineer is of the opinion, in agreement with the County Engineer, that restriping should be done to allow left turns into their property off Old Boynton Road rather than constructing a median. His client is willing to share in the cost of constructing and widening Knuth Road; they have no problem with the formula recommended by Mr. Walker for determining the amount. There is a requirement that they acquire an additional 15 feet of right of way for the entire length they are to construct the rgad, which is 660 feet. The acquisition of that right of way will cost approximately $65,000 to $70,000; therefore, they request that the City consider asking the County to authorize the e~penditure of some of the available funds from impact fees to assist with the cost of this acquisition. Finally, Mr. Perry requested that this application be considered for the April sub- mittal to the State. Mr. Annunziato said he discussed with Mr. Walker the potential for the County participating in the construction of Knuth Road - 14- MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEAC}{, FLORIDA DECEMBER 3, 1985 through the land acquisition process and recommends that, if the City participates through lending our agreement to use road impact f~S~;~that our expenses not.~x~e~d 25 percent of the cost Of ~quirin~'th~~ right of way~ Mr. Wa~<er adviS~S~.~her~ar~ sufficient number of dollars in this traffic zone available after the~X~lan~ng of Boynton Bea~h'BOulevard. Mr. ~heney asked that the Council not make a decision on that portion of the request ~ntil~there is time for further research of the issue. Councilma~ Warnke said that property at the present time is hea~y~w~ed~ 'and he hopes theT~wil~ be an adequate tree study made when the application comes bi-fore the Community Appearance Board ~n~d~ ~s~much of the ve~etat~oa.~'as p~ossible wil~ b~pre- served. Mr. Perry said the site plan contains a number of trees, andthe i~t~ent ~s that nat~e~veg~tatio~ will be~e~. Mayor Cassan~dT~.asked if~anyon~e~W~s~he~d to speak in favor, of or in opposition to this application, and n° one responded. The public hearing was~l~ed. Attorney Vance commented that this is the City's first PCD. Vice Maygr Ferrell made a mo~ion, seconded by Councilma~'~s~ter, to ap~e~t~reque~t and that it be for- warded t~'o~th'e~C~ty Attorn~t~ urep~rean ordina~nce,~with the consideration of the traffic impact fees being Postponed until f-u~th~r<~i~n~fo~ma~ion is provided to the Council. The motion carried 5-0. ~D~V~LOPMEN.T~.P~LA~S Consider request submitted by Meril ~ruger, a~ent for Roland R.'~nha'r~t, for Site Plan appro~a~ ~of an amen. d-ed sit~l~ah to '"a~l~o~ fo~t~e expansio~of the existing restau~a~% (Ba-v~rian Haus) from 160 licensed seats to 222 licensed seats and a ~eq~'st for a Shared P~rki~ ~lTOca~ion. The~Bavarian Haus is loca,ted on the east side of Congress Avenue, south of West B'oyn~on Beach Boulevard. (Continued to December 3, 1985 meeting) 'Mr.'~K~ruger-~ha~s asked tha~t~i~ zeques~be postponed. Councilman ~ester moved, seconded b~Vice Mayor Ferrell, to postpone this request to the Council mee~i~o~ecember 17, 1~8~ The motion carried 5-0. B. Consider request submitted by John Pagliarulo for site plan apprOVa'l:~o'~construC~ ~igh~t ~l~hfamily rental apartments on 0.80 acres on S.E. 3rd Street at S.E. 21st Avenue, the north- west~co,~n~ Councilm~W~rnke moved, seconded by Vice Mayor Ferrell, to remove this item from the table. The motion carried 5-0. Ccfun~ci~t~arnke said the main topic of concern~-~h~ last m~e~n~ ~W~s~paying for the street. The original plan was to - 15 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 assess homeowners for the street, and later the City found money in the $.02 gas tax to possibly pay for it. It was tabled so the full Council could hear the request and make a decision as to whether to use the gas tax for alternatives. Mr. Annunziato said the P&Z Board unanimously recommended approval of this request to the Council; the issue of whether the applicant should be required to pay for the construction of S.E. 3rd Street in front of this property is the Council's decision. The contract has been let and pre-hearing conferences have been conducted with the contractor to construct that portion of the street and a portion of 20th Court, which is perpendicular to the east end of this property. Mr. Cheney said the Council had approved some streets for construction out of the $.02 gas tax, which we felt were needed to improve the transportation system of the City, particularly in the older section. When the proposal was put together for those street improvements, there was no consideration of whether this applicant would build his project. Councilman Warnke moved, seconded by Vice Mayor Ferrell, to approve the request made by John Pagliarulo for site plan appro- val of the multi-family rental apartments. Councilman Zimmerman asked what the cost would be for building that street, and Mr. Clark, the City Engineer, replied that it is probably about $50 per linear foot--probably about $10,000 to $12,000. Mayor Cassandra said the policy had been to have developers build the streets by their development; he asked about the street resur- facing program and also about sidewalks. Mr. Cheney said the s~reet resurfacing program, in which we spend from $100,000 to $150,000 annually, should result in all of the streets being r~surfaced every 10 years. He said the issue of rebuilding sidewalks must be addressed; he recommends a sidewalk analysis to determine which ones need repairing for safety reasons. The motion on the floor was voted upon and carried 5-0. C® Consider request for Annexation submitted by Thomas F. Kelsey for Middle States Coal Company, Inc. to annex a 9.3814 acre tract of land located on the east side of Lawrence Road, approximately 700 fee south of Hypoluxo Road. Vice Mayor Ferrell moved, seconded by Councilman Hester, to for- ward this request to the Planning and Zoning Board. Councilman Warnke said this is 10 acres of agricultural land under County zoning; presently, the zoning allows two homes to be built on it- -one per five acres; this development would contain 46, which would erode the original County Commission's intentions to keep some of this property at low density. He felt this would be a trade of quality of the area for money; he told about expensive houses north of this tract of land. Councilman Zimmerman said - 16 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 orange trees are not available for planting now, there were two successive years of frost, and we have had the canker problem; he thinks we should respect the orange trees we have. Mr. Annunziato said there is greater opportunity for control of den- sity if this property is in Boynton Beach rather than Palm Beach County. Mr. Cheney said in Palm Beach County it would be zoned for 8 to 10 units per acre--maybe 12; he said this tract will be developed. The motion to forward this request to the P&Z Board was voted upon and carried 3-2, with Councilman Warnke and Councilman Zimmerman dissenting. LEGAL A. Ordinances - 2nd Reading - Public Hearing None. B. Ordinances - let Readinq None. C. Resolutions None. D. Other 1. Approve Reverse Osmosis Analysis Agreement with Florida Atlantic University Mr. Cheney said this is the next step in taking the analysis of water produced through the R/O process that South Florida Water Management District wants us to do and also analyzing the issue of the reuse of the 10 percent waste water, which may be reduced to 1 percent. Questions have arisen whether the waste water can be used on surrounding land, golf courses in the area, put into a separate irrigation system for development taking place in the a~ea or other uses. Included is further participation in the study of the issue of R/O versus lime treatment. Mayor Cassandra asked Mr. John Guidry, Assistant Director of 1 S~g e n~e s P~ ~l~o~s h they are the best in the region; that nurtures an excellent rela- tionship not only with the regulatory agency but with the City itself and the university system. He said, if things prove to be as expected, the City may save near $800,000 in reject pipe we would have to construct from the new facility to the Intracoastal Waterway. Based on this, it is absolutely essential that this - 17 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 request be approved. Vice Mayor Ferrell moved, seconded by Councilman Hester, to approve the Reverse Osmosis Analysis Agreement with Florida Atlantic University. Councilman Zimmerman asked if the spray system were used, what would be the land requirment. Mr. Guidry said the project site would be a very small area; the amount of land allocated to such a project would depend on the total amount of reject water we would have, which would be determined by the study. He said we have to prove beyond a reasonable doubt that it will work. Mr. Cheney said it is conceivable in the future that, if reject water is available and can be used on the land, water management may stop issuing well permits for irrigation, golf courses, etc., and force the use of this kind of water and limit the water taken out of the ground. The motion on the floor was voted upon and carried 5-0. Mr. Cheney noted that from this project we will be receiving some quite sophisticated data processing equipment. OLD BUSINESS None. NEW BUSINESS None. ADMINISTRATIVE Community Redevelopment Agency Revised Operating Budget - Tabled Councilman Warnke asked if this was discussed at the last CRA meeting, and Councilman zimmerman replied that it was and the Agency said they are using the revised budget and making expen- ditures from it as though it were adopted. Vice Mayor Ferrell moved, seconded by Councilman Warnke, to remove this item from the table. The motion carried 5-0. Mr. Cheney explained that the Council has the final say on the total dollars in the CRA budget. The Council approved their budget of $99,670 along with the total City budget, but since that time, the CRA has reviewed some things they neglected to consider initially. 'They realized they had done nothing at all, particularly about salaries for their two employees. Their review has resulted in a suggestion to revise their budget to $109,558. Where the money will come from is related to their having closed out the books as of the end of September with the actual expenditures and then recalculating what the Tax Increment Financing would be, along with other income, and how much of the City loan they would use. In 1984/85, we projected they would use about $15,000 or $16,000 of the City loan, and they used $34,000 because they had a budget of $88,000 but spent only - 18 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 $33,000. That comes back to reduce the City loan. Now with the budget of $109,558, the City loan is about the same as it would have been in last year's approved budget that was not actually spent. Mayor Cassandra said he was a little disturbed about this matter but does not want to stop the Agency's operation, and at the next workshop meeting he wants to cover the blank-check concept. Councilman Warnke moved, seconded by Councilman Hester, to approve the Community Redevelopment Agency's revised operating budget. The motion carried 5-0. Mr. Cheney said tentatively a joint meeting of the Council and CRA is scheduled for January 2. B. ComDrehensive Plan Amendment Procedure This procedure was covered during explanation by Mr. Annunziato and Mr. Cheney to Mr. Perry in the above public hearing. As there were no further questions, Vice Mayor Ferrell moved, seconded by Councilman Warnke, to support the recommendations of both the Director of Planning in his memorandum of November 19, 1985 and the City Manager in his letter of December 3, 1985. The motion carried 5-0. Ce Discussion of Mayor and City Council Voting Procedure (Requested by Mayor Nick Cassandra) Deleted from Agenda at the November 19, 1985 meeting. Mayor Cassandra said Mr. Perry had challenged our use of Robert's Rules of Order for parliamentary procedure, as it states that in a roll call vote the Chair should vote last. At the time Mr. Perry brought up the question, Mayor Cassandra said he directed the City Clerk to follow Robert's Rules of Order, as he was con- cerned that we were supposedly using that guideline for parliamentary procedure but were deviating from it. As the Sunshine Law does not allow him to discuss policy-making deci- sions with the other Council Members, Mayor Cassandra said as the Chair he gave this instruction to the City Clerk. At the same time, he had the subject placed on the Agenda in order that a motion might be made one way or the other--either to follow Robert's Rules of Order, which states that the Chair votes last when it comes to tie breaking or to follow the rotational process as we are doing now. The procedure should be clarified, for each new Council votes on a resolution that states they will follow Robert's Rules of Order; if that is not to be followed, the resolution should be amended to state that Robert's Rules of Order will be followed, but naming any exceptions. Mayor Cassandra said that sensitive issues are the only instances where roll call becomes a problem. He recalled that, during the time the sensitive issue of building height was under consideration, former Mayor Harmening voted last - 19 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 because he needed more time to evaluate the decision. He mentioned the Bethesda Hospital issue that came before the Council during Councilman Warnke's term as Mayor. He said con- sistency is the important issue; he said he sponsored the orien- tation for the advisory boards, having observed that the procedures being followed were inconsistent. Councilman Warnke said the choices are to keep our present proce- dure of rotating, change to a rotation procedure with the Mayor always voting last or random selection. He does not have a problem with this Council, but on future Councils, with the Mayor voting last, he would be in a position to have a swing vote on all sensitive issues. Vice Mayor Ferrell moved, seconded by Councilman Warnke, to have the voting on a rotating basis through the seats with no variation from that basis. Mayor Cassandra felt that the Mayor should have the added responsibility on the swing vote. The motion was voted upon and carried 5-0. Mayor Cassandra asked that Attorney Vance prepare an amendment to the resolution to show that the Council will use Robert's Rules of Order but with the exception on the voting order. Accept Elizabeth Todd's resignation from Employee's Pension Board Councilman Warnke moved, seconded by Councilman Zimmerman, to accept with regrets the resignation of Elizabeth Todd from the Employee's Pension Board and send a letter of thanks for her ser- vice. Consider replacement to fill above - Councilman Ezell Hester, Jr. Councilman Hester moved to table this appointment until' an appropriate replacement can be identified. Councilman Zimmerman seconded the motion, and it carried 5-0. ADJOURNMENT There was no further business to come before the Council, so the meeting adjourned at 10:40 p.m. - 20 - MINUTES-REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 3, 1985 ATTEST: CITY OF BOYNTON B~ACH M~yor J~ Counci lmarr~ -~- -~ '~'~ Clerk U RecOrding ~TC[ae~sr~ - 21 - AGENDA December 3, 1985 CONSENT AGES~DA - ADMINISTRATIVE ACI - Centur¥?_.Inc. Fluid Applied Roofing for Civic Center. Total Amount of Bid $26,900.00 Work Completed to Date & Due .... (25,124.00) Pay from 1984/85 Budget Per bid 7/25./85, Council approved 8/6/85. Allied Products Company Pebble Quicklime for Water Treatment Pay from Water & Sewer Rev.---401-332-533-30-65 B. & H. Sales Emergency supplies for relocation Utility Lines. Pay from Water & Sewer Rev.---401-333-533-60-5A Counts Rescue Equ~pmen__t 2 Ambu-Oxygen powered suction units. Pay from General Fund---801-221-522-60-87 Davis Water & Waste Industries, Inc. Odophos Liquid for Sewage Pumping. Pay from Water & Sewer Rev.---401-352-535-30-65 Elpex Inc. Tires & Tubes for Vehicle Service Fund. Pay from Vehicle Service Fund---501-193-519-30-22 7 o Hughes Supply0 Inc. Lights for the "T' Ball Field Lighting Fixtures Pay from Utility Tax Service Fund---302-000-247-2~-00 State Contract No. 285-26-85-1 Madsen/Barr Corooration Est. ~1 For Sanitary Sewer Replacement (Ocean Inlet Drive and Shore Drive). Pay from Utility General Fund---403-000-169-tl-00 Martin Associate~, Inc. 2 Hayes 1200 Modem and 8 Squash Computer Monitors Data Processing/Various Departments COUNCIL AP~OYED.- Meeting: ~ $ 25,124.00 i2.744~28 3,308.00 1,006.80 10,114.00 3,538.00 2~307.75 87,628.32 !~593.86 t0. 11. 12. 13. 14. 15. 16. -2- McCann Associates Inc. Fire Promotional Examinations for Personnel Dept. Pay from General Fund---001-!35-513-30-95 $ 2,147.50 McGraw-Edison Repairs to equipment on Clarification Unit at Water Plant. Pay from 1984/85 Budget---401-332-533-40-33 Municipal Code Corporation 100 copies of Supplement No. 24 to Code of Ordinances. Pay from General Fund---00!-122~512-40-77 South Central Reqional Wastewater Treatment Board Services rendered in connection with the treatment & disposal of wastewater for month of October, 1985. P~yfrom Water & Sewer Rev.---40t-353-535-40-gI South Central Regional Wastewater Treatment Board City's portion of Regional Board bills for Plant Expansion. Pay from Utility Capital Improve.---404-000-169-11-00 Char!ie Andrews Driver for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willie Ruth McGrad¥ Server for Senior Citizens Club I wk. Pay from Federal Revenue Sharing~--320-64!-564-40-5A Per Ordinance ~73-15~ passed 5/15/73 3,050.00 1,515.68 74,278~0t 14,812.96 70.20 67.20 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. I therefore recommend payment of these bills. COUNCIL APP~OYED: Meeting: ~ ' SOUTH CENTRAL REGIONAL WASTEWATER T~ATMENT AND DISPOSAL BOARD ~ -180I'North Con~ress Avenue . De~y Beach. Florida 33445 ' :b!:_ ::7 - BOARD City Council Membem of Boynton Beach & Delray Beach - PO Box -- Boynton B, Nove~ber ~14 Telephene 272-7061 734-2577 "..."':.' ~"-~";--';::-_ _ 50% Due ..from City of Boynton'- ~o~c' due ~is Invoice: :. .....~. ~ .... $ 4,96'3.14 ~ You. ::.:"'~ Please attach copy:.'of :invoice '~d pay bY seperate . :, :.:- ?[:.-- .' .: '. . - -.,: ~*"'~ . .¥,, check. WBEATMENT AND DISPOSAL BOARD - :lSO~North Con~ess Avenue · Dekay B~ FIoHda 33445 BOA~ '.' - ' ~ -- " ' ' City Co~l M~ of =' ~' T~ - --.. ,. -. - j' -~ j[ .' . , ' . _ :. . ....... ::,-'-'-'~ DA~: NoVe~er· t5; 1985 .... .-CL~ - 7.¥~ ,'!.~.: ~F :. ..::. [:.- ii?: ...:. 'Res~.d~nt' Inspections- Russ. et-I- and· ~on ~_.~._ :. -.:4~:::/*..: ::':-- : :-; ..... - ~ ,,.. ;~C ' f-'~O~E~T.:~ nn.~on~uu.uun. :: : .................. :-. '!:.. .............. ='"-'""---~ ........... '~'" '"'-"f"':.:"' '$9,86-6 . . AMOUNT OF'iNVOICE:' -- ' ..... .8-7- :~_' =.. ['..::' .';/ - _ ......- , .' .?:t .' .. -" ' ' '[: ' ':: [' 77-?: ~O~' 3 .... fkf.5 . . .. .::?(... . .... T~ YOU. ...... ~ -- copy-of this check for invoice with your ,:~: coUNCiL ~ ~nCon Beach & l~lra~ OF¸ BOYNTOM SOUTH 'CENTRAL REGIONAL.WASTEWATE R TREATMENT AND DISPOSAL BOARD ~lS01~-North, ~:- _.;-- Congress Avenue ~ Delr~Y Beach, Florida 33445 ,, .... '..'' i. ' ' Telephone 272-7061 734-2~77 THANK YOU. Please attach copy of check for payment. 50%. DUE' FROM-CITY OF BoYNToN"BEAcH -' AMO _~,~-..DI,l~z~,.~ ~,~iS ~ -;:-'::$4,9-16:39 _-, . .. -NOV i 9 I985 CITY ~a~,~,~. - ~,.. ~ ~B~*Ct~ Boroni, City Clerk t~.a Cook Deputy Treasurer SUB3ECT:SCRWTD Board b~ added FOLD This is to advise you that the bill amount of $4,963.14 which Mr. at the Council Meeting Dece~er 3~ page 2- of the Consent Agenda. the SCRWTD Board totalling $14.812.196, listed as No ~A of the three bills are listed as f~li~ws~ ' - .... The amounts $ 4,963.!4( SEE ~COPIES ATTAC~ED) 4.~ 933 .~3 Total $14,812.96 Copy to Mr. Cheney PLEASE REPLY TO ~ SIGNED the Regional Board in the [ed to the Approval of Bills was already included on a total of three bills for REPLY ITEM # F269 ~ WHEELER GROUP INC. THiS COPY FOR PERsoN A~DDRESSED