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Minutes 01-15-85MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 15, 1985 PRES ENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:30 P. M. He announced we are glad to have Rev. James Smith from the First united Methodist Church present to give the invoca- tion. He requested everyone to stand and also remain standing for the Pledge of Allegiance to the Flag. AGENDA APPROVAL Councilman Warnke stated he would like to add under Administrative, Item F - Community Relations Board Membership. Councilman Cassandra stated he would like to add under Administrative, Item G - Helicopter Ordinance. Mr. Cheney stated he would like to add a bill from the South Central Regional Wastewater Treatment & Disposal Board for our share of the design for the new plant in the amount of $14,846.94, under the Consent Agenda - Approval of Bills. He would like to add a resolution requested by Councilman Warnke relative to an audit for the South central Regional Wastewater Treatment & Disposal Board. He would like to delete from the Consent Agenda the first bid under Item A, as a question has been raised by the low bidder. There is also a proclamation to be added relative to black awareness. Councilman Cassandra moved to accept the agenda as corrected, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS Mayor Zimmerman announced City Hall will be closed on Monday, January 21, 1985, in observance of Martin Luther King, Jr. Day. Mayor Zimmerman read a Proclamation proclaiming Monday, February 11, 1985, as Inventors Day. The Mayor read a Proclamation proclaiming February 2, 1985, as Black Awareness Day. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 MINUTES Regular City Council Meeting Minutes of January 2, 1985 Councilman Warnke moved the minutes of the regular City Council meeting of January 2 be approved as presented, seconded by Councilman Cassandra. Motion carried 4-0 with Mayor Zimmerman abstaining. CITY MANAGER'S REPORT Drinking Water Report Mr. Cheney referred to there being an article in the paper sometime ago about the safety of drinking water indicating some cities did not provide required testing reports to the appropriate agencies with Boynton Beach included as not providing such a report and he reported that we did supply reports indicating our water is safe to drink. There was an oversight on someone's part as the reports were provided five months prior to the deadline. Boat Ramp Park Mr. Cheney referred to the Boat Ramp Park project starting at the end of last month and reported that it will be closed until finished. Sidewalks on S.E. 23rd Avenue Mr. Cheney reported that another project started recently was sidewalks on S.E. 23rd Avenue from Seacrest Blvd. to Federal Highway where we can put in sidewalks. The sidewalks are jointly funded 50/50 by the city and county and the city is paying for the swale drainage. Golf Course Restaurant Mr. Cheney told about the problems locating the furniture ordered for the Golf Course Restaurant and stated we will solve the Problem possibly with acquiring temporary fur- niture and begin serving food on January 26. Report on Building Permits Mr. Cheney stated for the twelve months of 1984, the total value of certificates of occupancy issued by the city was $53,849,414. This has some relationship to the increase in - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 assessed value, but not necessarily a direct relationship. This does not include a major piece of construction, such as Motorola in the previous year. Beach Mr. Cheney reported that a meeting was held with the Ocean Ridge Commission last week and two or three design con- siderations were reviewed relative to landscaping recommen- dations, etc. We have no problems relative to the beach at Ocean Ridge. We still have a few things left to be accomplished with the contractor at the beach. We have had problems getting responses from the contractor. He promises to finish all pending punch list work by the next council meeting and if not, we will finish and subtract the payments. If it is completed, we will be prepared to discuss a dedication date for the beach in late February or March. PUBLIC AUDIENCE Improvements in North Section of City Mrs. Wilda Searcy stated she was informed this week that Community Development will be here at the next meeting and she hopes people in her community will get together to get something done. She told about 3rd Street being in poor condition and stated the city should take care of it. Mrs. Searcy then referred to recreation needed in this area and told about parks not even being used along Federal Highway. She stated parks should be where people will use them and 10th Avenue & the railroad is where people will use a park. She continued with telling about the canal needing rehabilitation and how people were using the pier which she built. Also, she hopes Boynton Beach proceeds with summer lunch and work programs. Mayor Zimmerman suggested that she attend the Recreation & Park Board meeting and present her ideas. Mrs. Searcy replied that she won't be here this summer, but hopes these programs get going because they are needed in the black neighborhood. Councilman Warnke referred to the canal being under the South Lake Worth Inlet Drainage District and Mrs. Searcy replied that it could come under Community Development. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Cassandra informed her that we are meeting Friday with the Community Relations Committee in reference to a summer work program. Mrs. Searcy responded that the program she is speaking about has never been in Palm Beach County and told about it being an environmental program with 25 to 30 young people working. Councilman Wright informed her that we do have summer programs, but we don't get funds like larger cities do and he suggests that she attend the public hearing to express her concerns. Mr. Cheney added that a public hearing to consider Community Development projects will be held on January 29 at 7:30 P. M. Request for Civic Center Miss Marie Shepherd, speaking on behalf of the Boynton Beach Community Concert Association, told about the history of the association and concerns of their group. Due to the size of the civic center, the audience is limited to 500 and they have been fully subscribed for each year. She referred to the area growing and stated they appreciate the problems involved in establishing priorities. They respectfully request the City Council to replace the item of the Civic Center Auditorium on tonight's agenda and on the March 12 ballot as a referendum question. She referred to reasons for this center and emphasized that the quality of life in Boynton Beach for all will be improved. She also read an article regarding attracting industry because of cultural activities. Mr. Don Zyto, 10790 Greentrail Drive, President of the Chamber of Commerce, stated the Chamber requests the Council to reconsider their former action regarding the Civic Center Auditorium and have the voters make a decision. While the city has many things contributing to the excellent quality of life, it does lack an adequate facility for this purpose. If Boynton Beach is to succeed in attracting new job oppor- tunities, they should consider this. Give the voters a chance to say yes or no! Mr. Jim Buffan, 3122 Fernwood Drive, told about the organi- zation of the Gold Coast Community Band and performances at the Civic Center. He read a petition requesting the City Council to place the item of a Civic Center Auditorium on the agenda tonight and on the March 12 ballot as a referen- dum item. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Request for No Littering Signs Mrs. Lucius Smith, 2207 N.E. 3rd Court, requested no lit- tering signs be placed along the grassy strips along Federal Highway abutting the railroad near the new restaurant. She told about piles of beer bottles littered in this area. Pyramid Placement along Streets Mrs. Smith referred to living at 2207 N.E. 3rd Court for 13 years and stated she has little pyramids about one foot away from the road to make it attractive. Also, she lives on a curve and these have prevented cars from crashing into her house. On November 3, she received a letter from the Codes Enforcement Board stating she was in violation with these pyramids. She bought 18 round stones to replace the pyra- mids. She questions why after 13 years the city cites this as a violation? Four other families also have the same thing. Mr. Cheney replied that at various times, the Council has asked to increase the code enforcement activities and we are finally getting around to doing things we should have done 13 years ago. There is no problem of pyramids on private property. The problem is when they are placed on public property; if someone gets hurt, they sue the city. Problems are caused with people walking, bicycling, and driving. There have been numerous suits throughout Florida. We are finally getting around to having them moved from the public rights-of-way. The round stones are also illegal in public rights-of-way. Mrs. Smith referred to other code violations and there was some discussion. Mr. Cheney requested that they be brought to the city's attention and citations will be issued. Mr. Vance added that he concurs with Mr. Cheney's comments and not only do people sue the city if these items are placed in the public right-of-way, but they also sue the person who placed them there. Agenda Addition for Consideration of Civic Center Auditorium Councilman Warnke referred to there being a huge amount of input from various groups throughout the city and from many individuals who have been here for many years and stated he feels it would be appropriate for the Council to discuss adding to the agenda the rereading of Ordinance No. 85-6 and make a decision whether to approve on second reading on - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 February 5. Councilman Warnke made a motion to reconsider, as part of the prevailing side, and put on the agenda under Legal for rereading on first reading Ordinance No. 85-6 and at that time, the Council can make a determination whether to reread and it can be published for second reading on February 5. If not done tonight, we have lost the time frame until next year. Also, possibly the Mayor may have some input since he was absent at the last meeting. Vice Mayor Ferrell seconded the motion. Motion carried 4-1 with Councilman CaSsandra dissenting. Mr. Vance added there will have to be a companion ordinance establishing the election, assuming this ordinance passes. Mayor Zimmerman added that it would also have a new number. CONSENT AGENDA A. Bids Variable Frequency Drive Motor Controls for High Service Pumps at the Water Treatment Plant - Utilities DELETED 2. Sale of Scrap Metal - Public Works/Utilities The Tabulation Committee recommends awarding the bid to the lone bidder, Acres of Iron, in the amount of $183. Redevelopment and Rescreening of Water Supply Well ~10 - Utilities The Tabulation Committee recommends awarding the bid to the low bidder, Alsay, Inc., in the amount of $12,750. 4. 16" Altitude Control Valve - Utilities The Tabulation Committee recommends awarding the bid to the low bidder, Water Resources Corp., in the amount of $9,075. 5. One (1) Lely 4000 Model Spreader or equal - Golf Course The Tabulation Committee recommends awarding the bid to the low bidder, Trail Ford Tractor Company, in the amount of $3,385. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 6. Joint Bid - Radio Maintenance The Purchasing Agent recommends awarding the bid to Motorola C & E per the bid submitted as there is no change in the monthly fee except for the base stations, which are increasing $5.00. Councilman Cassandra referred to Delray Beach actually receiving the proposal and questioned what is Boynton Beach's request and Mr. Cheney explained how a number of things have been done with joint bidding with Delray Beach and Boca Raton and one of the cities is the lead bidder. 7. Utility Vehicle for Golf Course The Purchasing Agent recommends this purchase based on the memo dated January 4, 1985, from the Golf Course Manager. Councilman Cassandra referred to there not being enough money in the capital program and Mr. Sciortino explained this used vehicle would be less and with buying the two items, there would still be a balance left of $700. B. Resolutions Proposed Resolution No. 85-C - Re: Final Plat Approval - Villas of Northwoods, Hunters Run A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR VILLAS OF NORTHWOOD AT HUNTERS RUN IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 42 EAST C. Approve Request to Transfer Cemetery Lots 4 & 5, Block M Marie Nechisti has requested the transfer of these lots to Anthony and Frances Castaldo. De Approve Transmittal of Road Improvement Fees to Palm Beach County The Finance Director reviewed the collections and finds them in order and recommends they be transmitted to Palm Beach County per his memo dated January 10, 1985. E. Approval of Encumbering Documents - Finance Dept. The Finance Director submitted ten encumbering documents per his cover memo dated January 10, 1985. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Warnke referred to $60,000 not being included for the Police Department and Mr. Cheney informed him this has already been encumbered from previous years. F. Approval of Bills See list attached together with addition of $14,846.94 for the South Central Regional Wastewater Treatment & Disposal Board for our share of the design for the new plant. Mr. Cheney pointed out one bill included the purchase of a K-9 dog at a total cost for the dog, shipping and training for $2,864.50. This is in accord with previous approvals given. The dog is fully trained and certified. Councilman Cassandra stated the Council should also be aware of Item 17 under Approval of Bills. Councilman Warnke moved to approve Consent Agenda Items A2-7, B1, C, D, E, and F with the add~itional bill. Councilman Cassandra seconded and the motion carried 5-0. BIDS NONE PUBLIC HEARING NONE DEVELOPMENT PLANS Approve request for preliminary plat approval to provide for the construction of infrastructure improvements to serve a previously approved commercial tract known as Boynton Lakes Plaza. This request was submitted by Fred Popper for Gedi Properties and is located on Congress Avenue at Hypoluxo Road. Mr. Annunziato explained the access to the site. He advised this request was reviewed by the Technical Review Board and went to the Planning & Zoning Board with a positive recom- mendation subject to staff comments. In addition, a letter was received from Mr. Charles Walker recommending the appli- cant extend Hypoluxo Road eastward through the intersection. Councilman Cassandra questioned how eight additional movies could be supported in Boynton Beach. Councilman Warnke referred to the shared parking depending on the 1,800 seat theater and questioned what happens if it is converted and - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Mr. Annunziato replied if the Council grants the shared parking, it can only be for those uses and the use of a movie house cannot be changed. Mr. Cheney added a building permit would not be issued to convert it to another use without parking being given consideration. Mr. Fred Popper stated the concern about the theaters is well taken, but the company has done a market analysis and feels certain there is a market for the theaters. He added they also have no problem with the staff comments. Mr. Vance asked if this included the comment from Mr. Charles Walker and Mr. Popper replied affirmatively. Councilman Cassandra moved to approve the unanimous recom- mendation of the Planning & Zoning Board and approve this request for preliminary plat approval. Councilman Warnke seconded the motion. No discussion. Motion carried 5-0. Approve request for preliminary plat approval to provide for the construction of infrastructure improvements to serve 328 units at the previously approved Catalina Club Planned Unit Development, submitted by the Metro Development Corporation for Riteco Development Corporation. This development is located in the north- west corner of Congress Avenue at N.W. 22nd Avenue. Mr. Annunziato stated the Council has reviewed this project in the master plan modification form. He explained the entrance to the site and the road improvements to be made. Councilman ~Cassandra clarified the master plan for Catalina Club PUD is not going to be changed with the rental construction and Mr. Annunziato agreed there would be no changes. Mr. Henderson stated they concur with the staff comments. There were two minor items discussed with the Planning & Zoning Board and they have been resolved with the staff. Councilman Warnke moved to approve the request unanimously recommended by the Planning & Zoning Board for preliminary plat approval for the Catalina Club development with all staff comments. Councilman Wright seconded. No discussion. Motion carried 5-0. Approve request for site plan approval to construct a shopping center consisting of 71,625 square feet of retail area, an 1800 seat theater and a 24,000 square foot office building, and a request for approval of shared parking. This project is located in the - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 southeast corner of Congress Avenue and Hypoluxo Road and is to be known as Boynton Lakes Plaza. This request was submitted by Fred Popper for Gedi Properties. Mr. Annunziato showed the site plan for the development of this shopping center and explained the proposed commercial buildings. This request was transmitted to the Planning & Zoning Board with a positive recommendation from the Technical Review Board. Included was a request for shared parking based on differences in peak hours for usages in different kinds of buildings. This request comes to the City Council with the unanimous recommendation from the Planning & Zoning Board to approve subject to staff com- ments. The Community Appearance Board also approved at the meeting last night. Also, a memo was submitted by Mr. Craig Grabeel and the applicant is familiar with the two items mentioned and agrees to comply. Councilman Cassandra referred to the shared parking concept and explained the report was based on the movies at peak hours drawing four people per car and stated this is a large assumption. He explained how full capacity at the office building and full capacity at the retail stores could result in being out of parking when the movies are 80% full. He is concerned there is not enough parking. Mr. Annunziato replied the criteria considers the kinds of usage proposed, the peak hours of use, and the land values. Councilman Warnke also expressed reservations about the shared parking. Councilman Cassandra asked if the Technical Review Board felt there would be adequate parking and Mr. Annunziato replied that he thinks it will work and pointed out the office building will not have weekend usage. Councilman Warnke added there is no guarantee the store hours will coincide with the movie hours. Mr. Popper stated even if the super market was open all night, we are still only talking about a small percentage of retail square footage. Mayor Zimmerman stated the owner of the center would be the one involved in being sure there is enough parking for the tenants. Mr. Cheney explained that the major basis for shared parking relies on the research of Urban Land Institute. Councilman Warnke referred to this being a request for a variance and Mr. Cheney disagreed as the ordi- nance allows for shared parking and the major consideration here is the office building. Mr. Popper added even if the theater had a first run movie, it would probably only be occurring in two of the eight theaters. Mayor Zimmerman asked if they agreed with the other staff comments and Mr. Popper replied affirmatively and they concur. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Vice Mayor Ferrell moved to approve this request, seconded by Councilman Wright. No discussion. Motion carried 5-0. Approve request for site plan approval to construct 328 units previously approved.as a part of the Catalina Club Planned Unit DevelOpment located in the northwe~t corner of Congress Avenue at N.W. 22nd Avenue. This r~.quest~ was submitted by the Metro Development Corporate.on for Riteco Development Corporation and will be knowI as Mahogany Bay. Mr. Annunziato showed the detailed unit layout and explained. He pointed out the amenities included w.th the site. This item went to the Planning & Zoning Boar([ with a positive recommendation from the Technical Review B¢~ard sub- ject to staff comments. The Planning & Zoning Boar( unani- mously recommended approval and it was also accepte¢ by the Community Appearance Board. Councilman Cassandra asked if the car wash has its sump and Mr. Annunziato replied affirmatively as it is uired by the plumbing code Councilman Cassandra asked i~ the contaminated water w~uld be reprocessed and Mr. AnnUnziato replied they will meet whatever is required by the plumbing code. Councilman Cassandra asked what is done with the water which is being drained and Mr. Howell replied that most of the water is recycled and re-used. Mr. Hen([erson explained how this would consist of a hand held wan~ and it prevents the residents from pulling a hose through landscaping into a parking lot or street and washin their cars. There are a variety of ways for the effluent'to go and they will comply with the codes. Councilman Ca~Isandra expressed concern for the environment and Mr. Chen~y replied the only alternative is washing cars in par]ling lots and it would still get into the environmental syst~l. Mr. ~Howell stated in an instance like this, the Water M~nagement District controls that water and where it goes; it ~ill not be dumped into streams unfiltered. Vice Mayor Ferrell made a motion to approve this re uest, seconded by Councilman Wright. No discussion. Motion carried 5-0. Approve request for site plan approval to construct an 18,512 square foot industrial building on Lot 15, of the Lawson park Subdivision on S.W. 14th Place to be known as LoDolce Warehouse II. This request was submitted by George Davis for Charles LoDolce. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Mr. Annunziato showed the plan and pointed out the access points to the proposed building. This request went to the Planning & Zoning Board with a recommendation from the Technical Review Board to approve subject to staff comments. The Planning & Zoning Board unanimously recommended approval subject to staff comments. It was also reviewed by the Community Appearance Board and recommended for approval. Mr. George Davis stated they are aware of the staff comments and accept them. Vice Mayor Ferrell made a motion to approve this request, seconded by Councilman Wright. No discussion. Motion carried 4-0. (Councilman Warnke had left the room.) Approve request for site plan approval to construct 108 units at Tract P, Hunters Run Golf & Racquet Club on Congress Avenue at Summit Boulevard. This request was submitted by Charles Gilbert for Summit Associates, Ltd. Mr. Annunziato showed the plan and explained the location of this POD. This request went to the Planning & Zoning Board with the recommendation from the Technical Review Board to approve subject to staff comments. The Planning & Zoning Board unanimously recommended approval subject to staff com- ments. It was reviewed by the Community Appearance Board and subsequently approved. Mr. Charles Gilbert stated he has reviewed all the staff comments and agrees to comply. Councilman Wright moved to accept the unanimous recommen- dation of the Planning & Zoning Board relative to constructing 108 units at Tract P at Hunters Run, subject to staff comments. Vice Mayor Ferrell seconded the motion. No discussion. Motion carried 5-0. Consider request for approval for a modification to a previously approved site plan to correct inaccuracies in the survey and site design for the Texaco Service Station at 645 W. Boynton Beach Boulevard. This request was submitted by Dan Bryant for Royal Petroleum, Inc. Mr. Annunziato informed the Council this station is operating and this is a request to modify the site to bring into prospective some of the inaccuracies in the site plan from errors in the survey. The recommendation from the Technical Review Board was to approve as submitted and the Planning & Zoning Board recommends the same. The Community Appearance Board also approved. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Warnke moved that the Council approve this unani- mous recommendation of the Planning & Zoning Board, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Consider request for a modification to a previously approved site plan to construct roof sun decks on the east side of Shooters on the Water located at 2280 N. Federal Highway. This request was submitted by Reggie Moreau for P. L. & G. Enterprises, Inc. Mr. Annunziato informed the Council that these have been constructed, but were never approved. This request is for site plan approval to bring it into conformance with the approved site plan. It went to the Planning & Zoning Board with a positive recommendation and the Planning & Zoning Board unanimously recommended approval subject to staff com- ments. This request was reviewed by the Community Appearance Board and subsequently approved. Mr. Bill Osborne came before the Council and Councilman Warnke asked if The Shooters was planning to have music and Mr. Osborne replied not on the upper decks as these are strictly for sun bathing. Councilman Cassandra asked if he was familiar with all the comments made by the City Engineer and Mr. Osborne replied affirmatively and they concur with all the comments. Councilman Cassandra moved to accept this request for this modification to construct roof sun decks on the east side of The Shooters on the Water. Vice Mayor Ferrell seconded the motion. No discussion. Motion carried 5-0. Consider request for a modification to a previously approved site plan to construct two (2) additional ware- house buildings at 2951 S.W. 14th Place known as the Mega-Mini Storage Facility. This request was submitted by Douglas Long. Mr. Annunziato showed the plan and pointed out that access to the site does not change and the buildings continue east- ward towards South Tech. It was forwarded to the Planning & Zoning Board subject to staff comments and the Planning & Zoning Board unanimously recommended approval subject to staff comments. The Community Appearance Board also reviewed it and approved. Councilman Cassandra referred to coming into conformance with the present code when building an addition and asked if - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 the septic tanks would be removed from the first two buildings and Mr. Annunziato replied affirmatively and stated this is covered by Mr. Cessna's comment. Mr. George Davis added that they have heard the staff comments and will abide by them. Councilman Cassandra clarified that all the septic tanks will be removed and the buildings hooked up to the sewer lines and Mr. Davis agreed. Vice Mayor Ferrell made a motion to approve this request, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Consider request made by John Ewseychik for Council to reconsider its requirement that the developers of the High Ridge subdivision construct Miner Road from High Ridge Road to Congress Avenue. Mr. Cheney stated this request is fairly clear. Mr. Annunziato's recommendation is very clear that we deny this request, which is to change development conditions of constructing a major road, which is part of our system. He also submitted a similar recommendation. The developer would like to speak. Mr. John Ewseychik stated at the original approval of this project, the Council imposed a condition that the developer is to pave Miner Road from High Ridge Road to Congress Avenue including bridging over the E-4 Canal. Subsequent to that, his clients looked at this condition and the impact. Mr. Vance corrected that the developer agreed to this con- dition rather than it being imposed. Mr. Ewseychik con- tinued that his client has looked at the viability of this development. This results in a $700,000 to $800,000 capital improvement cost and the project becomes unviable; the pro- ject cannot be done. $800,000 is a large brunt for a small project. In the spirit of compromise, they hope to work out a solution. There are four developments in each of the quandrants of this roadway construction and only his client has been required to do something. The others are larger in size and significantly more intense. This project has viable legal access to High Ridge Road. They have submitted a written proposal and want to work with the City of Boynton Beach. He then reviewed the proposals submitted in his letter dated January 3, 1985. They would like to have a general discussion on this and see where they stand. Mr. Cheney requested Mr. Annunziato to respond. Mr. Annunziato advised who dedicated the rights-of-way involved. Mr. Cheney questioned the waiver of the impact fee suggested - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 and Mr. Annunziato replied there was some discussion when Dos Lagos was approved when Miner Road would be built and impact fees were charged in lieu of construction, but he does not recall that they must go to Miner Road. Mr. Cheney stated the decision was made by the developer to do this and the rezoning was granted. To come along later on and try to get rid of half of the condition is not the way to develop the city. Councilman Warnke clarified that this request is for recon- sideration. He thinks the vote was 4-1 on second reading and public hearing of the ordinance with part of it being approval to construct Miner Road, which the applicant agreed to. He questions whether this can be reconsidered unless the prevailing side requests it. Can it be changed since it was done by ordinance? Mr. Vance informed him the entire procedure would have to be followed. It would be an ordi- nance amendment because it is part of the zoning ordinance. He concurs with Mr. Cheney that it would be a bad precedent. Councilman Cassandra added that the original request was to rezone from R-1AAA to R-1AA, which increased the number of units. The city did negotiate with the developer and allowed him more lots to make it viable financially. Mr. Ewseychik stated the amount of units proposed are 234. The condition of the development transpired at the City Council level. He was not here and the people representing the individuals were trying to get rezoning. There was an error. The request by his client was a straight rezoning request. It has been his client's attorney's opinion that any condition required by this board versus voluntary consti- tutes contract zoning. They dOn't want to get into legal issues, but want to compromise. Mr. Vance replied that we would simply stand upon the developer's voluntary agreement in connection with his request for rezoning if it got to a legal matter. Vice Mayor Ferrell made a motion to deny this request, seconded by Councilman Warnke. Under discussion, Mr. Annunziato stated the issue of roadway impact fees was not reviewed by the County Engineer, but generally when an improvement is beyond the limits of the development proper, the County Traffic Engineer has recommended roadway fees be waived in lieu of additional construction. He thinks that is a reasonable request. The basis of the recommendation was for health and safety. Mr. Vance added if that has been the procedure of the County Engineer in the past for construction beyond the limits of a project, it gives him no - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 problem. Mr. Cheney suggested reviewing this later. carried 5-0. Motion At this time, Mayor Zimmerman declared a short break and then reconvened the meeting at 9:25 P. M. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 85-1 - Re: Authorizing General Obligation Bonds for Public Safety Facilities Mr. Vance read proposed Ordinance No. 85-1 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,650,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUIRING AND CONSTRUCTING PUBLIC SAFETY FACILITIES IN THE CITY OF BOYNTON BEACH CONSISTING OF THE CONSTRUCTION OF ADDITIONS TO THE EXISTING POLICE AND FIRE STATIONS, THE CONSTRUCTION OF A NEW SATELLITE FIRE STATION, THE CONSTRUCTION OF PARKING FACILITIES TO SERVICE SUCH PUBLIC SAFETY FACILITIES, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Mayor Zimmerman asked if anyone in the audience wished to speak in favor of this ordinance. Mr. Don Zyto, 10790 Greentrail Drive, South, Boynton Beach, and representative of the Chamber of Commerce, stated he is here to speak in favor and in support of the general obliga- tion bonds totalling $8,500,000. He referred to the growth and population predicted and stated the personnel and equip- ment necessary to service such a population deserves atten- tion. The Chamber of Commerce congratulates the Council and city staff for taking the steps necessary to put this program before the voters. They endorse the five proposals and will publicize the five items. They are also in favor of the utility service tax provided such increase is used solely for capital improvements. Mr. Cheney referred to the Chamber of Commerce addressing the population for the reserve annexation area and clarified - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 the general obligation bonds are being paid for by property owners in the City of Boynton Beach and the services are provided in the City of Boynton Beach. We are taking care of our needs within the corporate limits of the city and not the reserve annexation area. Mayor Zimmerman asked if anyone wished to speak in opposi- tion and received no response. Councilman Wright moved adoption of proposed Ordinance No. 85-1 on second and final reading, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Motion carried 5-0. Proposed Ordinance No. 85-2 - Re: Authorizing General 9bli~ation Bonds for Library Facility Mr. Vance read proposed Ordinance No. 85-2 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,000,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF CONSTRUCTING AN ADDITION TO THE EXISTING PUBLIC LIBRARY BUILDING IN THE CITY OF BOYNTON BEACH, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Mayor Zimmerman ascertained nobody wished to speak either in favor of in opposition to this proposed ordinance. Councilman Warnke moved to adopt Ordinance No. 85-2 on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Wright Mayor Zimmerman Vice Mayor Ferrell - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 85-3 - Re: Authorizing General Obligation Bonds for City Hall Renovation and Additions Mr. Vance read proposed Ordinance No. 85-3 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,100,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF RENOVATING THE CITY HALL IN THE CITY OF BOYNTON BEACH AND CONSTRUCTING PARKING FACILITIES TO SERVE THE CITY HALL, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON'ITS ADOPTION. Mayor Zimmerman ascertained nobody wished to speak in favor or in opposition to this proposed ordinance. Councilman Warnke moved the adoption of Ordinance No. 85-3 on second and final reading, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote: Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Ordinance No. 85-4 - Re: Authorizing General Obligation Bonds for Public Works/Parks Maintenance/General Maintenance Facilities Mr. Vance read proposed Ordinance No. 85-4 in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $1,600,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 FUNDS, FOR PAYING THE COST OF CONSTRUCTING A PUBLIC WORKS BUILDING AND A PARKS MAINTENANCE FACILITY, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Mayor Zimmerman ascertained nobody in the audience wished to speak in favor or in opposition to this proposed ordinance. Vice Mayor Ferrell made a motion to adopt Ordinance No. 85-4 on second and final reading, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Proposed OrdinanceNo. 85-5 - Re: Authorizing General Obligation Bonds for Recreation Facilities Mr. Vance read proposed Ordinance No. 85-5 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $2,150,000 BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR PROVIDING FUNDS, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF DEVELOPING PARK AND RECREATIONAL FACILITIES IN THE CITY OF BOYNTON BEACH, CONSISTING OF IMPROVEMENTS AT CONGRESS AVENUE COMMUNITY PARK, WILSON RECREATIONAL CENTER AND THE NORTHWEST SEVENTEENTH AVENUE COMMUNITY CENTER, TOGETHER WITH ANY EQUIPMENT AND FURNISHINGS NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Mayor Zimmerman asked if anyone wanted to speak in favor and received no response. He asked if anyone wanted to speak in opposition and received no response. Councilman Cassandra referred to the one item pertaining to the Congress Park area and asked if that could be changed at this time? He asked if the monies could be allocated to the - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 north end for recreation? Mr. Vance informed him that could not be done at this stage. Councilman Cassandra enumerated the recreational facilities in the south and middle sections of the city up to the Boynton Canal and stated he would like monies used in the north end, north of 22nd Avenue. Mr. Cheney replied that Rolling Green School does have fields available for ball practice and Councilman Cassandra agreed that use of that area should be considered. Mr. Cassandra continued that if this cannot be amended, possibly money for recreation in this far north end can come from the utility fund program. Councilman Cassandra moved to accept on second reading pro- posed Ordinance No. 85-5, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Ordinance No. 85-7 - Re: Holding of Special Bond Election in conjunction with the Regular Municipal Election Mr. Vance read proposed Ordinance No. 85-7 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION IN THE CITY OF BOYNTON BEACH ON MARCH 12, 1985, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Mayor Zimmerman received no response when asking if anyone desired to speak either in favor or in opposition to this proposed ordinance. Councilman Warnke moved to adopt Ordinance No. 85-7 on second and final reading, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Warnke Councilman Wright Mayor Zimmerman - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 85-8 - Re: Amend Utility Service Tax Mr. Vance read proposed Ordinance No. 85-8 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 23. TAXATION, ARTICLE II. PUBLIC SERVICE TAX, SECTION 23-14. LEVIED. TO INCREASE THE RATE OF SAID TAX FROM SIX AND ONE-HALF PERCENT (6~%) TO TEN PERCENT (10%); PROVIDING THAT EACH AND EVERY OTHER PROVISION OF CHAPTER 23. TAXATION. 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 Zimmerman ascertained nobody wished to speak either in favor or opposition to this proposed ordinance. A woman from the audience questioned just what the utility service tax is and Mr. Cheney explained. The woman clarified that this will increase the telephone and electric bills and Mr. Cheney agreed that was correct with the addi- tional money going to the city for projects. The woman stated this would be in addition to the ad valorem taxes and Mr. Cheney replied affirmatively. The woman questioned the impact on the ad valorem taxes and Mr. Cheney explained. Mr. Herbert Petersen, 242 S.W. llth Avenue, stated he oppo- ses this increase from 6~% to 10% as he doesn't know where it is going. Councilman Cassandra informed him this would be an additional $3.50 on $100. Mr. Petersen referred to everything increasing and stated he heard the utility system is in good shape here. Mr. Cheney clarified that this has nothing to do with water and sewer. This is a tax paid on electric, telephone and gas bills. Mr. Petersen commented that he thinks it should be kept lower than 10%. Councilman Warnke remarked that the projects would have to be cut out. Councilman Cassandra added that this could be changed next year by the Council. It is not a twenty year bond issue and can be reduced. Mayor Zimmerman added that some people feel this is fairer than the property tax because everyone pays for utilities. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Vice Mayor Ferrell made a motion to adopt Ordinance No. 85-8 on second reading, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Motion carried 5-0. Proposed Ordinance No. 85-9 - Re: Amendment to Ordinance No. 84-47 - Revision of definition of Family Mr. Vance read proposed Ordinance No. 85-9 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 1. DEFINITION OF TERNS. (AS AMENDED BY ORDINANCE NO. 84-47) TO AMEND THE DEFINITION OF FAMILY; PROVIDING THAT FOSTER CHILDREN ARE TO BE INCLUDED WITHIN THE DEFINITION OF FAMILY; PROVIDING THAT EACH AND EVERY OTHER DEFINITION CONTAINED IN SECTION 1. OF SAID ZONING CODE SHALL REStAIN 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 Zimmerman asked if anyone desired to speak in favor or in opposition to this proposed ordinance and received no response. Councilman Warnke moved to approve Ordinance No. 85-9 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Warnke - Aye Councilman Wright - Nay Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Motion carried 4-1. Ordinances - 1st Reading Proposed Ordinance No. 85-10 Re: Access Cable TV Franchise - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Mr. Vance read proposed Ordinance No. 85-10 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 84-29, WHICH GRANTED A NON-EXCLUSIVE LICENSE TO ACCESS CABLE OF WEST BOYNTON, INC., TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, TO EXPAND THE FRANCHISE BOUNDARIES TO ENCOMPASS THE ENTIRE CITY OF BOYNTON BEACH AND ANY AREA SUBSEQUENTLY ANNEXED; PROVIDING A NEW ADDRESS FOR THE APPLICANT; PROVIDING AN UPDATED LIST OF THE NAMES, TITLES AND ADDRESSES OF THE DIRECTORS, STOCKHOLDERS AND OFFICERS OF ACCESS CABLE; TO AMEND THE FINANCIAL STATEMENT AS PREVIOUSLY SUBMITTED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF ORDINANCE NO. 84-29 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED AND AS AMENDED HEREBY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Cassandra referred to this being the one which the height was lowered from 65 to 45 feet on the antenna and Mr. Cheney clarified the original proposal was for one PUD, but this group has expanded its desires and interests and the representative is present to explain. Mr. Mitch Rubenstein and Ms. Lori Silvers came before the Council. Mr. Rubenstein advised that they have been approached by various developers, associations and homeowners throughout the city requesting their service and since they purchased property in the city and have a large investment, they would like to service them. Their building is under construction, they have ordered equipment, they are prewiring units, have hired a staff and are spending a lot of money. Councilman Cassandra asked if this would modify the site plan and Mr. Rubenstein replied negatively as their facility electronically is sufficient to service the city without any extra usage. Mr. Cheney explained how there is an advantage for the whole city with having free enterprise competition. Councilman Cassandra moved to approve on first reading pro- posed Ordinance No. 85-10 pertaining to the Access Cable TV franchise. Councilman Warnke seconded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Wright - Aye Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Motion carried 5-0. Reconsideration of Proposed Ordinance No. 85-6 - Re: Authorizing General Obligation Bonds for Congress Avenue Civic Center Councilman Warnke made a motion to rescind the original motion made at the last Council meeting, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. Proposed Ordinance No. 85-11 - Re: Authorizing General Obligation Bonds for Congress Avenue Civic Center Mr. Vance read proposed Ordinance No. 85-11 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR, OF NOT EXCEEDING $3,500,000 BONDS OF THE CITY OF BOYNTON BEACH, WITH ANY OTHER AVAILABLE FUNDS, FOR PAYING THE COST OF ACQUISITION AND CONSTRUCTION OF A CIVIC CENTER IN THE CITY OF BOYNTON BEACH, TOGETHER WITH NECESSARY PARKING FACILITIES AND ANY EQUIPMENT, FURNISHINGS AND LANDSCAPING NECESSARY OR DESIRABLE IN CONNECTION THEREWITH; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Cassandra referred to receiving telephone calls expressing concern about this being taken off the ballot and stated he doesn't respond because twenty or fifty people ask him to change, but he does research. He has priority con- cerns and explained how capital improvements left off for many years need to be done. In evaluating this, the bottom issue is $3,500,000 plus interest, which would be $5,000,000 for this civic center. There is also the maintenance resulting in increased manpower to be considered. He referred to various centers planned and told about giving consideration to the traffic impact, developments in the area, etc. He asked if it would be self-sufficient and if not, tax money would be needed to support it. He told about there being empty seats at the Civic Center. This proposed center will have 1,500 seats which would service 3% of our population. He personally thinks this referendum should go - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 on next year's ballot. He thinks the civic associations should circulate petitions and get it put on independent of the Council's action. He has done a complete analysis and at the present moment, he feels this still is not a necessity on the upcoming ballot as far as priorities are concerned, but he will go along with the majority of the Council. Councilman Warnke commented that it is fine to get a peti- tion, but it would be hard work to get it on the ballot. This is just for the people to decide. This was proposed ten years ago. He feels it has been put off for ten years, so the people should be allowed to decide. There is nothing said in the referendum where it is going to be. Congress Avenue has been proposed, but the location could be changed. Mayor Zimmerman added that the sum of $5,000,000 is almost frightening, but broken down on a year to year basis, it would be covered by an additional 50~ for each $1,000 over the $25,000 homestead exemption which a person has on their assessed valuation. Mr. Cheney added that the assumption says for a maximum for thirty years, but it is figured on a twenty year bond. Vice Mayor Ferrell stated he thinks the amount of money is the people's choice and not ours. They should be able to vote on this, the same as the other projects. He thinks the people should make the decision. It was taken off the ballot at the last meeting because of phone calls. He doesn't think by putting it off for a year it will solve any problems. The traffic problems will still exist. He doesn't agree with a petition. We are elected to put it before the people for their choice and he doesn't feel they should have to submit a petition. Councilman Wright commented that he has been very close with the performing arts and we have experienced a void in this community for a long time. We should do what is best for the City of Boynton Beach. He is interested in a Civic Center. He feels the people should decide what they want in the City of Boynton Beach. He did vote against it before as his concern was to see the necessary items placed to referendum first. Since they have been taken care of, he thinks we can afford to put this on as well. He will pro- mote all the matters voted on. We should do something to keep Boynton Beach a lovely community. After some further comments, Councilman Warnke moved for passage of Ordinance No. 85-11 on first reading, seconded by - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Ordinance No. 85-12 - Re: Holding of Special Bond Election in conjunction with the Regular Municipal Election Mr. Vance read proposed Ordinance No. 85-12 in its entirety: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION IN THE CITY OF BOYNTON BEACH ON MARCH 12, 1985, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. Councilman Wright moved the adoption of Ordinance No. 85-12, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 85-D - Re- Requesting Audit of South Central Regional Wastewater Treatment Plant Mr. Vance read proposed Resolution No. 85-D by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THAT THE AUDIT OF THE SOUTH CENTRAL REGIONAl WASTEWATER TREATMENT PLANT BE COMPLETED BY FEBRUARY 15 1985; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Councilman Wright moved the adoption of Resolution No. 85-D, seconded by Vice Mayor Ferrell. Under discussion, Mr. Cheney advised this was put on by Councilman Warnke because if the current timing of the South Central Regional Wastewater Treatment Plant audit is not changed, it jeopar- dizes our city's certificate of conformance. Motion carried 5-0. Other Approve Lease Agreement with Boynton Beachl Child Care Center, Inc. (Tabled) Mr. Cheney stated based on the meeting this we~ek with the Child Care Center and the directions given by the Council, he would like to leave this on the table and ke will have a report for the next Council meeting. Substitution of Bond for Boynton Lakes Mr. Vance stated this should be done subject ~o the City Attorney's office approving the bond which is submitted. Vice Mayor Ferrell made a motion to approve sUbject to the conditions stated by the City Attorney, seconded by Councilman Warnke. No discussion. Motion carried 5-0. OLD BUSINESS Response to Previous City Council Requests for Information Building fees and permits for small projects Mr. Cheney referred to submitting a report and stated it is recommended a permit should be required for everything falling within the code. Some activities can be carried on by the homeowner, but it is felt they should have a permit and the minimum fee is $21. It is not felt this fee is excessive as very few jobs can be done with spending less than $100 for materials. Councilman Cassandra stated the concern was homeowner versus contractor and suggested possibly giving homeowners a permit fee at a prorated rate. Mr. Cheney replied the minimum fee is $21 for any project $3,000 or less. Mr. Robert Mulroy, 1050 S.W. 24th Avenue, sta%ed this is an important item to him as he deals with permits in the city quite often. As a small contractor, it sometimes involves a - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 large amount of time picking up a permit for a small pro- ject. He told about delays when securing a permit and waiting for inspections. He also told about the county's computerized system. Councilman Cassandra clarified that he was not complaining about the fee, but about the period of time required for issuance of small permits. Mr. Cheney acknowledged that granting permits is not as rapid as we would like it, but explained the inspection procedure to be followed. Mr. Howell explained the inspection process further and advised they have about 20 to 30 small permits per day. Also, they are looking at computer programs. After further discussion, Councilman Wright asked if it was computerized, would it enable someone to come in the same day and pick up their permit and Mr. Howell replied not necessarily and explained how various applications would be handled. Mr. Cheney emphasized that we are trying to improve the system, but explained certain things must be done. Mr. Bill Hartman, 1003 S.W. 24th Avenue, questioned why the initial cost of a permit was raised from $8 to $21 and the next increase was to $50. Mr. Cheney explained how the whole permit fee structure had been adjusted. Occupational License Requirements for Contractors Mr. Cheney referred to submitting a report and reviewed same. Mr. Vance added if you are going to have an occupa- tional license structure, you have to charge everyone in the city. Councilman Cassandra clarified that the question was that the Boynton Beach contractors have to pay more than an outside contractor with both having a county license. Mr. Vance agreed that is correct, as the fee is paid to the city where the office is located. Mr. Cheney explained that everyone is being treated fairly. Mr. Howell referred to submitting a survey of various cities and stated we are in line and everyone else is doing it. Mr. Bob Johnson stated this is fair with stores having occu- pational licenses, but not to local contractors. He told about being able to secure a permit from any city for $2 because he has a county license, but is being punished for living in Boynton Beach. Mr. Cheney disagreed and advised that if a contractor has an office in Lake Worth, he has to pay the Lake Worth occupational license fee. Mr. Johnson further explained about the county license being honored in various cities. Mr. Vance clarified that this ordinance relates to where the office is located. - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 After further discussion, Mr. Cheney requested these contractors to put in writing just what they have and a written response will be given. Mayor Zimmerman agreed this should be put in writing and it will be discussed at a later time. Mr. Joe Heffernan, 902 Chapel Hill Boulevard, stated this is making it difficult on the legitimate contractors. He referred to 190 contractors being listed in the phone book and stated out of that, only 31 are Boynton Beach residents who are penalized by paying the additional fee. Mayor Zimmerman replied that the others are paying in the cities where they are located. Councilman Cassandra suggested that these contractors meet with Mr. Howell to discuss this further. Report on Boynton Commerce Center Mr. Cheney read his report dated January 15, 1985. Mr. Cheney further explained the problems and attempts at reso- lution. He advised there has been a lack of coordination and direction on the part of the developer. He knows the neighbors in Leisureville are happy with the berm, although he doesn't think the berm was officially approved on the plan. He explained that possibly the berm should remain as a compromise even considering the problems. Councilman Warnke suggested having Mr. Cheney enforce the original site plans without giving consideration to the developer. Councilman Wright suggested having the city staff follow this through with notifying us in writing of their intention. Councilman Cassandra suggested asking the City Manager to notify those people in Leisureville who voiced concerns. A gentleman from the audience requested that the developer be able to respond as there are problems with what is shown on the plan and approval from the city staff. Mr. Cheney replied that it must be done by the approved plan and also in accordance with the ordinance. Mayor Zimmerman requested that this be discussed with a presentation to be made at the next meeting. The gentleman stated that the requirements have been met on the approved set of plans. Mr. Ralph Marchese, 1901 Roma Way, stated he doesn't think it is right for the builder to do as he pleases and we end up paying the cost for replacing the water lines. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Environmental Review Procedures for PID Pro~ects and DRY Councilman Cassandra stated the report submitted is self- explanatory. Mr. Cheney asked if he wanted this put into ordinance form and Councilman Cassandra replied affirmatively. Development on South Congress Avenue (East Side) Councilman Cassandra stated the report submitted was satisfactory. Boat Ramp Park Construction Change Order for Dan O'Connell relative to Flood Insurance Requirements for Rest Room Building Mr. Cheney requested approval to change this plan to raise the rest room building per the explanation given in his memo dated January 15, 1985. He added that we do not want to jeopardize the flood insurance in the city. Vice Mayor Ferrell made a motion to approve this change order, seconded by Councilman Wright. No discussion. Motion carried 5-0. Approve Addition to Dan O'Connell's Contract Mr. Cheney referred to submitting a memo and stated during the last two or three meetings when discussing the utility service tax, the Council suggested finishing off this pro- ject by the water. Councilman Wright moved for approval, seconded by Vice Mayor Ferrell. Under discussion, Mr. Cheney added that in addi- tion, he thinks we can get an architect to address the front area. It may be some of the development modifications near the front should be adjusted. Motion carried 5-0. NEW BUSINESS NONE ADMINISTRATIVE Accept Joseph Moore's Resignation from the Board of Adjustment Vice Mayor Ferrell moved to accept with a letter of thanks, seconded by Councilman Cassandra. No discussion Motion carried 5-0. ' - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Consider Replacement to Fill Above Position Councilman Cassandra moved to open nominations, seconded by Councilman Wright. Motion carried 5-0. Councilman Cassandra made a motion to move Alternate Lillian Artis to a regular position on the Board of Adjustment, seconded by Vice Mayor Ferrell. Motion carried 5-0. Mayor Zimmerman referred to a resume being submitted today and moved to appoint Ray Eney to fill the alternate position on the Board of Adjustment. Vice Mayor Ferrell seconded and the motion carried 5-0. Consider Consultant for Code Update - Requested by Councilman Nick Cassandra Councilman Cassandra referred to the letter submitted being sufficient and stated he requested this because we have been having challenges to our code book. He would like the Council to consider the contract proposal given by Municipal Code Corporation not to exceed 25 hours at the rate of $60 per hour. Vice Mayor Ferrell seconded. Under discussion, Mr. Vance added that we did go through the code several years ago and he concurs with this suggestion. Mr. Cheney added that he is arranging to have us visit the Municipal Code Corporation offices in Tallahassee. Councilman Warnke added when he was at the Florida League of Cities Convention, he had a long discussion with Ms. Jacobs and sent a lot of information to review. It was suggested possibly going to another format with having so many pages. Mr. Cheney replied they had also discussed this with him. Motion carried 5-0. Approve One Year Agreement with LOGIN Services Mr. Cheney reported this was found to be very valuable and the cost is $1,000 per year. Councilman Wright moved to approve, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Receipt of Activity Reports from Chamber of Commerce Councilman Warnke moved to accept with thanks the Chamber of Commerce report and have them continue with these. Councilman Wright seconded and added to send a letter thanking them for adhering to the Council's request. No discussion. Motion carried 5-0. - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 Set Public Hearing Workshop for Considering Community Development Projects on January 29, 1985 at 7:30 P.M. Mr. Cheney stated the beginning of the proposed three year program will be presented with input being requested from the public. The county representatives will also be here. Community Relations Board Membership Councilman Warnke stated the Community Relations Board has asked for direction. If a member has missed more than three meetings in a row, they should be put off the board and replaced. Councilman Warnke moved that Gloria Skinner be removed from the board with a letter of thanks and a replacement made when appropriate. Councilman Cassandra seconded the motion. Under discussion, Councilman Wright suggested thinking of people in other areas of the city. Motion carried 5-0. Councilman Wright stated he received a letter from Veoletta Wright because she didn't like the minutes of the meeting. They can make an exception for people wanting to leave the city for a few months and should extend that same courtesy for educational purposes. The minutes gave a negative report. Helicopter Ordinance Councilman Cassandra referred to two helicopters landing at The Shooters and requested that an ordinance be prepared in reference to this. Mr. Vance replied that a proposed ordi- nance will be prepared. ADJOURNMENT Councilman Cassandra moved to adjourn. The motion was seconded, unanimously carried and the meeting properly adjourned at 11:50 P. M. - 32- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 15, 1985 CITY OF BOYNTON BEACH, FLORIDA Mayor Councilman ATTEST: J ~ Councilman City Clerk RecOrding Secretary Five Tapes) - 33 - AGENDA January 15, 1985 OONSENT AGtl~DA- ADMINISTRATIVE Pr/mary coverage for accident policy for Police and FireDepartment. Pay frcm General Fund--001-211-521-10-44 $2407.85 Pay~frcmGeneral Fund--001-221-522-10-44 1820.15 e Yearly contract for computer service at Golf Course. Pay frcmGolf Course--411-725-572-40-28 BARKER UNIFORF~, INC. Blouses, skirts, vests and slacks for Police Dept. Pay frcmGeneral Fund--001-211-521-30-97 I.B.M. CORPORATION I.B.M. PC System 256K and programs for Finance Dept. Pay frcm General Fund--001-131-513-60-7B I.B.M. CORPORATION I.B.M. PC System 256K and ~ogramsfor Library Pay frcm Federal Revenue Sharing--320-711-571-60-7B I.B.M. CORPORATION Monthly charge for Copier III Model 60 Pay frcm various departments in General Fund, Water & S~er RevenueandGolf Course. L.KIMJONES P.E. Softaire Diffusers---All work completed, for Library. Pay from General Fund--001-711-571-40-13 KAMPT.RX, INC. Labor, equi[x~nt & materials for installation 8" D.I.P. Water Main along Seacrest Blvd. north from N.W. 22nd. Avenue. Pay from Water & Se~er Revenue--401-333-533-60-5A Council approved 12/4/84 LAMAR UNIFORMS Uniforms for Fire Department Pay from General Fund--001-221-522-30-97 "Bid Item" $ 4,228.00 1,600.00 1,458.59 2,990.00 4,495.00 2,149.33 1,275.36 18,090.00 6,733.70 COUNCIL APPROVED: Meetin ,/-/J'*- -2- 10. 11. 12. IAWMEN'S & SHOOTERS SUPPLY INC. A~munition & holsters for Police Dept. Pay frc~ General Fund--001-211-521-30-81 Pay frcm General Fund--001-211-521-30-97 $820.00 329.20 MADIGAN' S K-9 TRAINING C~qTER Purchase of one K-9 (Kent) shipping and training per contract. Pay from General Fund--001-211-521-40-7N Council approved MARINE RESCUEPRODUCTS, INC. Rescue items for Beach Pay from B.B. Rec. & Mun. Beach Imp. Fund 303-000-169-33-00 13. NCR CORPORATION Golf Course Cash Receipts per written quote. Pay from 1983/84 Budget--411-725-572-40-72 14. POST, BUCKLE5[, SCHUH& JERNIGAN, INC. INV.#1 Professional services rendered Boynton Water Study for period ending 11/3/84. Pay from Utility General Fund--403-000-169-01-00 15. PARK STRUCiIIRES OF AMERICA Additional sign work c~-i~leted at Public Beach. Pay from B.B. Rec. & Mun. Beach Imp. Fund 303-000-169-33-00 16. 17. ~JSS~. & AXON Professional services rendered on various projects. Pay from UtilityGeneral Fund: 403-000-169-01-00 $3,105.59 403-000-220-73-00 8,314.92 11,420.51 E. PAUL SHERIDAN ANDJOSE G. ~ODRIGUEZ, P.A. Payment of Legal Fees and related expenses as follows: a. Attorney Jose G. RodriQuez $12,620.55 b. E. Paul Sheridan for a~tor- ney payments 4,950.00 $17,570.55 c. Request for Council to approve Budget Transfer from Contingency Fund--001-195-519-90-11 to Professional Services--001-141-514-40-68 1,149.20 2,864.50 1,064.75 4,090.66 5,165.36 2,291.00 11,420.51 17,570.55 COUNCIL APPROVED: Meetins: 18. 19. 20. 21. 22. 23. 24. 25. -3- SOUTH C~9~fRAL R~GIONAL WASTSWATf~ TREATMENT BOARD Services rendered in connection with treatment and disosal of wastewater for month of December, 1985. Pay frcm Water & Sewer Revenue--401-353-535-40-9I SMEAL MANUFACTURING OOMPANY Sandreel complete with fitting, hoses, linkage etc. per quote. Pay frcm Water & Sewer Revenue--401-331-533-30-45 "Sole Source" TWIN CONSTRUCTION, INC. APPL. #8 Boynton Beach Oceanfront Park Project for 9/27/84 to 12/5/84. Pay from B.B. Rec. & Mun. Beach Imp. Fund 303-000-169-33-00 UNIJAX, INC. Various janitoral supplies. Pay from various funds in General Fund, Golf Course, and Vehicle Fund. JAMES W. VANCE, P.A. Professional Services - Koblar Constructors & Engineers vs City of Boynton Beach Pay from Utility General Fundm403-000-169-01-00 JAMES W. VANCE, P.A. Professional Services - Forfeiture of 1973 Mercedes Pay from Misc. Trust Fund---691-000-269-12-00 ISIAHANDR~NS 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 I~3TH F~/~RADY Server for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordin~ance 973-15, Passed 5/15/73 76,751.25 1,574.88 203,293.00 1,325.69 3,337.50 1,425.00 56.16 53.76 COUNCIL APPROVED: -4- The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady~3 Swann, Finance Director I therefore recc~mnendpayment of these bills. Manager COUNCIL APPROVED: Meeting:/-/~'- 2 RUSSELL & AXON Established in 1920 ' Engineers · Planners · Architects Incorporated Mr. Peter L. ~en.ey City of Boynto~ Beach P.O. Box 310 Boynton Beach, FL 33435 January 9, 1985 SummarYapproval.Of Russell & Axon Invoices for Professional Services for City Council For Miscellaneous Engineering. Services Invoice No. llg,_ O0611-K Authorization dated December 9, 1978 For Palm Chase -Sewer Service Invoice No. 3, 01072-G Authorization dated December 9,1983 Note: 100% chargeable to funds on deposit with City $ 3,105.59 $ 1,287.26 For Palm 'Chase Sewer Service Invoice No. 5, 0t072-H Authorization dated December 9, 1983 Note: 100% chargeable to fdnds on deposit -with City $ 7,027.66 Total $11,420.51 Seeattachedpages for explanation of work performed on above items. kof Attachments cc: Perry A--'~essna {w/attch) Betty Z~!- Finance Milt H~an {w/attch) Invoice COrrespondence COUNCIL APPROVED: I~/~-EAST ATLANTIC AVENUE - SUITE 414 W o DEL.RAY BEACH, FLORIDA 33444 RIJSSI~LL & AXON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 DATE January 9, 1985 iNVOiCE mO .... 119 PRO,~ECT ~O. 00611-K 110 EAST ATLAA/.-TiC AVE.. SUITE 414 WEST. DELI:lAY BEACH, FLORIDA ,, 33444 305/278-ES15 · . For miscellaneous ~engineering services performed in accordance with A~eement dated June 10, 1968, and Authorization dat~---~December 9, 1978. Labor Cost - Dec.~ 1-Dec. 28, ~1984: 65.0 Manhours Mul t ipl ier Mileage: 31 miles @ $0.205/mile $1,239.69 2.5 $3,099.23 6.36 AMOUNTDUETHIS INVOICE $3,1°s Labor Cost Breakdown: .Field investigatio~.~nd trips to determine feasibility of' location of futu~production wells and pipeline routes, agency contact, P.B. Coun~; Engineer's, Map Preparation, all in connection with-p~oposed future Well Field ......... 60.0 Manhours CompletiOn .of feasibility study and cost estimate to provide information, as ~equested by Director of Utilities, concerning Water and Sewer Service to this area and adjacent County Pocket area .......................................... 5.0 Manhours $1,125 114 Meeti~ RUSSELL & AXON, City of Boynton.Beach P.O. Box 310 Boynton Beach, FL 33435 DaTE 'January 9, 1985 ~VOiCE NO...~ 3 PROJECT NO. 01072-G 110 EAST ATLANTIC AVE. ,, SUITE 414 WEST DELRAY BEACH, FLORIDA For professional Services rendered ~'n connection with Palm Chase Sewer~ Service in accordance, with Authorization dated. December 9, 1983. Based. on percentage of work completed by contractor. Services include office construction administration, construction, field observation, letters to contractor, coordination with Utilities and perm itt ing agencies, general cler ical, and coordination with City Utility Dept.. Work Con~leted through December 10, 1984: BBR General Contractors, Inc. Estimate No. 2 $159,363.00 General Consulting Fee: $159,363.00 x 2% '= . Less ~nount previously invoiced $3,i87.26 1,900.00 AMOUNT DUE THIS INVOICE $1,287 Note: 100% cha~geable to funds on deposit with City. RUSSELL & AXON, INC. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 OATE Janaury 9, 1985 INVOICE NO. 5 PROJECT NO. 01072-H 110 EAST ATLANTIC AVE. o SUITE 414 WEST. DELRAY BEACH, FLORIDA 3;3444 305/278-2S15 For resident 'inspection services rendered in connection with Palm 'Chase Sewer Service in accordance with ;~J~thorization dated Dec~mber 9, 1984. Full- tLme representation while construction of pipelines is in progress. Ductile Iron Force Main, VoC. Sewer Main, Precast Manholes, Jack & Bore crossings, and connections placed this month. Contact adjacent property owners concerning restoration of irrigation syst~ns, sod, signs, driveways, etc. Telephone calls and meetings with Contractor re. construction ~details and numerous items of. contract to insure adherence to specifications. Labor Cost- Dec. 1-Dec. 28, 1984: 217.0 Manhours $2,801.26 .~-Multiplier 2,5 Mileage: 57 miles @ $0.205/mile Telephone $7,003.15 11.69 12.82 AMOUNT DUE THIS INVOICE $7,027 Note: '00~ char~c~a_able to funds on deposit with City FD-82-';8 ' .