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Minutes 11-16-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY,' NOVEMBER 16, 1982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Wolf, Assistant City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The Invocation was given by Mrs. Agnes Goff, 2nd Reader, First Church of Christ Scientist, followed by the Pledge of Allegiance to the Flag led by Peter L. Cheney, City Manager. AGENDA APPROVAL Under "LEGAL, D, Other," Vice Mayor Warnke added "Items by the Vice Mayor. Councilman deLong added, "3. Proposed Resolution" under "LEGAL, C, Resolutions." Under "IX, OLD BUSINESS, Mayor Trauger added "B. .personal Comments." Under 'XI, ADMINISTRATIVE," City Manager Cheney added "D. A Report on Drainage,' "E. Request for Cemetery Refund," and "F. Permis- sion to Place Some ConstructiOn Trailers." -~% City Manager Cheney deleted "F, "Request for Reconsideration of Post Office Plans" under "VII, DEVELOPMENT PLANS"~ as they solved their problem. Therefore, it did not need to be on the Agenda. City Manager'Cheney removed "B, Bids," from the '"CONSENT AGENDA", as it needed some discussion. He explained that it was the bid on the roofing. City Manager Cheney advised it was being taken out of the Consent Agenda so that he could discuss it. Councilman deLong moved, seconded by Councilmember Woolley, to adopt the Agenda with the additions~and deletions. N~ discussion. Motion carried 5-0. ANNOUNCEMENTS 1. City Hall will be closed Thursday, November 25, 1982, and Friday, November 26, 1982 - Than~.sqivinq Holiday Mayor Trauger read the above announcement. 2. Sanitation Collection Schedule will be changed due to the Thanksgiving Holiday. Schedules will be advertised in local newspapers Mayor Trauger called everyone's attention to the Sanitation Collection Schedule. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1'6~ 1982 Cherry Hill Project Meeting - November 22, 1982 - 7:00 P M Wilson Center ' ' Mayor Trauger made the announcement. City Manager Cheney informed everyone that. the City has some proposals for a number of improvements in the streets, planting, paving, curbs~ landscaping, sidewalks, etc. in the Cherry Hill area and particularly on llth, 12th and 13th Avenues and 4th and 3rd Streets. He said citizens of the area have been invited, the Housing Authority, CommUnity Relations Board, Planning and Zoning Board, Members of Council, County Repre- sentatives, etc. to be there and review and see in kind of a workshop session the plans that are being proposed. Report on .Florida ~Leaque Meetinq On October 20th through the 30th, some of the Council attended the Florida League of Cities' Annual Convention in Miami. Councilman deLong did not attend, but .Councilman Wright said City Manager Cheney accompanied them. Mr.i.~Wright informed everyone that some of the sessions included a Florida Downtown Development Associationdowntown development meeting and local officials perspective. At that time, Council- man Wright said they were able to listen to some elected officials throughout the State who have been involved in down- town development. They learned that other cities with a much smaller population have given more money to their Community Redevelopment Agencies for the enhancement of their downtown areas. Although Tampa is much larger, Councilman Wright mentioned that they gave a total of $250,000 towards the development of downtown. Fort Walton Beach has given approximately $83,000, and Cocoa said they have put aside roughly around $175,000 for their downtown project. To date, Boynton Beach has only committed itself toroughly $60,000. None of it has been expended at this time. Councilman Wright reported that they mentioned that downtown development is good 'for a declining downtown area. He said everyone knew with the Mall coming out west, we must do more with the downtown. Councilman W~ight said it promotes and enhances retailing. He emphasized that it broadens the tax base. Councilman ~right continued by saying it mentioned a decay of infrastructure in many cities and downtown areas. He thought if they could bring this downtown vitalization to fruition, perhaps they could do much in the City of Boynton Beach to the downtown area. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 However, Councilman Wright said it was mentioned that many of the cities have been very successful in their downtown projects, but those cities which have accomplished quite a bit have received 100~ support from~their City Councils. Councilman Wright stated they felt this 'was a crucial point because that was. the direction they feel the City of Boynton Beach should move in. Councilman Wright further informed everyone there was a dis- cussion about the sales tax issue. As those who attend the meetings quite frequently know, Councilman Wright pointed out that the Council supported the increase in the sales tax but they learned from Mr. Tom Hearndon of the Governor's Office that there is a shortfall of~about 8~. Councilman Wright wanted to find out from City Manager Cheney or Grady Swann, Finance Director, whether the City had heard from the Department of Revenue recently in terms of where the City is. City Manager Cheney Said the Members had a memo',in their box. City Manager Cheney 'advised that they have budgeted $1,006,000, which was 95~ of what the City had expected or what was expected to come to the City ($1,059,000). Yesterday, City Manager Cheney reported they received word that the City anticipates getting $1,007,000, so the City is going to get about $1,000 more than it budgeted because they budgeted 5~ less by mandate than had been thought. City Manager Cheney admitted there is a shortfall but said it does not affect the City's budget. Mayor Trauger asked', "Are we smart or lucky?" City Manager Cheney replied, "We followed the State law." Because sales tax is difficult to proj.ect, and especially for cities since this is the first time and they had no experience in projecting by cities and counties, the laws say the City cannot count on more than 95~. In fact, City Manager Cheney advised, the City used the 95~ figure. He said that was based on the Revenue Estimate Committee Meeting the week before last. City Manager Cheney announced that they will~ meet again in two or three months (he forgot whether it was December or January) and make some more estimates. At the moment, on that one, he said the City is OK. City Manager Cheney informed everyone that the .City will have less State revenue sharing money this year at the moment than they would otherwise have unless the economy picks back up again. The cuts that the Governor is talking about, across the board, will affect the City's State revenue sharing funds. The State cuts across the board will not affect sales tax. The Only thing that affects sales tax is the fact the sales tax is not collected. Lastly, Councilman Wright.reported there was an interesting topic to some of them who had not heard about it. It was an urban policy initiation. The new President of the Florida League of Cities is Mayor Corinne Freeman of St. Petersburg. She said it was something she has been interested in for a long time, and - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 she felt perhaps some of the municipalities and elected officials throughout the State should come together to work closer with the State Legislature to see what kind of legislation can be passed in the next session. Mayor Freeman thought with the urban sprawl, in order to carefully plan the growth of our communitmes and to preserve our farm land and. agriculture areas, an 'urban-policy needs to be looked into as soon as possible. Councilman Wright continued by saying Mayor Freeman did have a report,_addressed "The Future of Florida Cities~ that she gave to them in a general session. Councilman Wright said a copy of this was available mn the City Hall if anyone wanted to go by and read it. Councilman Wright stated that Mayor Freeman is appointing a task force for the future of Florida. she has appointed Mayor Bob Martinez of Tampa to spearhead this effort;, ~he was also responsible for leading the strike force which pushed for the legislation for the increase in the sales tax. Councilman Wright had someone from the Florida League of Cities call last week; asking that he serve as a member of the task force on the future 'of Florida, which was a report City Manager Cheney gave last week. Mayor Freeman said a letter would be forthcoming.' Councilman Wright advised that if the City gets it, they will keep everyone abreast of what is happening with the task force. Vice Mayor added that it was a very productive meeting. He said some people object to City officials attending some of these' meetings, but he thOught those of the Council who were there learned much more to offset the cost of going down there. He said it was a rich and' rewarding experience. Mayor Trauger thanked the citizens for sending him. He thoroughly enjoyed it. Councilmember Woolley added that she was lucky enough to go. She also attended the meetings that Councilman Wright attended. Going back to the Community Redevelopment Agency, Councilmember Woolley expressed that was something she thought the City had begun to make a commitment on as far as allowing some money in the budget for th±s'. She'could not stress enough how often they heard it is the City's responsibility to be 100~ supportive. Councilmember Woolley thought the Resolution Mayor Trauger pro- posed last week-commending the Sunshine Square's redesigning and reopeining followed along the same lines of what they expect to do around the blighted area, which they have set aside as their downtown development. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilmember Woolley thought the people they met all over the State of Florida were truly interested in Boynton Beach. She thought the r. eputation of Boynton Beach preceded them. Council- member Woolle felt proud, and she was sure everybody else did. She commented that everybody there has known Councilman deLong for 25 or 30 ~ears. She found it very interesting. Councilmember Woolley advised that she will be appointed as the Legislative Cf%airman for Palm Beach County, who will be working directly with our Legislators this year. She tOld everyone if they had any ])articUlar concerns, they were looking at the right person to see if they want something br want to. ta~kLto~ somebody. Slide Presentation Concerninq Downtown Redevelopmenl Carmen AnnunzJato, City Planner, informed everyone that this presentation %'as made to the Planning and Zoning Board at their meeting on Nox'ember 9th. The lights were turned out and the slides were pz~esented. ' Councilman de ong moved, seconded by Councilmember Woolley, to suspend · -the regular order of business and~go to ~he Public Hearing scheduled for 8:00 P. M. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Applicant: Julie W. & Susan L. Monahan Request: ReZon~ from R-2 to C-1 Location: 2206 SOuth Seacrest Boulevard Carmen Annunzi tto, City Planner,, informed the Council that there was a request 0efore them for a land use amendment and rezoning submitted by'Julie and Susan Monahan to amend the Future Land Use Element to the Comprehensive Plan from Medium Density Resi- dential to Off~ce._Commercial.and %o ~rezone from R~2 ~(Single Family and. Dup.[ex Residential) to C-1 (Office's and Professional Commercial), ~)t 62 of the Crest View Subdivision. To further cla~zify for-the Council where this location is, Mr. AnnunziatO pre:~ented an overlay and' said "Up is north, and to the right is east. Bisecting the overlay in a sort of southwest, northeast'manner is Seacrest-with Golf Road or S. E. 23rd ~venue bisecting the overlay in a north/south manner, Mr. Annunziato informed the Council. He said the applicant owns Lot 62, which is located in the southeast corner of S. E. 2tst Avenue and Seacrest Boulevard. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 In their Agenda packet, Mr. Annunziato said the Council received a report' from the Planning Department~which illustrated many things. Among the things illustrated in the report-would be that if~this apPliCation is approved, there, would be several Comprehensive Plan Policies that would have been contradicaed to include proper location of commercial activities, presemva- tion of residential neighborhoods., and provisio~ for adequate housing supply. The report also illustrated verbally and graphically, that this request, if approved, would constitute a clear-.case of spot zoning, Mr. Annunziato pointed out. He asked the Council to note on the overlay the zoning classifications had been provided for their edification. He pointed to "R-2; C-1. ~o<-the south along 23rd; a residential PUD (Planned. Unit Development) to the west; and R-3 to the northwest. Mr. Annunziato said the property is surrounded by residentially owned lands. Mr. Annunziato reminded the Council that th~s request is similar to two requests heard by the City Council on March 17th of this year. He said tho~e~-two requests~-submitted~by Bowen and_ Johnston, are located in close proximity to the request by the Monahans. Mr. Annmnziato said those requests were for Lot 61 and half of Lot 60 and for a part of Lot 65, also on Seacrest, and those applications were subsequently withdrawn by the appli- cants after receiving negative comment from the Planning staff and a negative recommendation from the Planning and Zoning Board. The Council did not act on those applications. They were withdrawn prior to Council action. Based on an analysis of the facts related to the application, that is, the inconsistency with the Comprehensive Plan policies and spot zoning, the Planning ~epartment recommended that this application be denied, Mr. Annunziato continued. He said that recommendation went to the Planning and Zoning Board. Last Tuesday, at a public hearing, after a review of the evidence, Mr. Annunziato said the Planning and Zoning Board forwarded to the City Council a unanimous negative recommendation with respect to this application. Mr. Annunziato did not go into great detail because it was all in the report. Councilmember Woolley asked why Lot 60 applied to just rezone half of it[ Mr. Annunziato replied that was all their owner- ship included. He explained that there is a house on each side of Lot 60. Councilmember Woolley asked what the zoning was directly across the street on Seacrest, on Lots 63 and 64, right on the corner. Mr. Annunziato informed her it was part of the Ridgewood Estates PUD (Planned Unit Development) and is residential. Councilman deLong advised there is no commercial on that side at all. Mr. Annunziato repeated Councilman deLong's - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 statement and added, "except 23rd Avenue." Councilmember Wooiley f,~rther questioned what Lot 66 was. Mr. Annunziato answered-~ ·that Lot 66 was zoned Residential (duplex). Frank A. Kreidler, Esq., ~p~elsenting Julie W. and Susan L. Monahan, 521 Lake Avenue, Lake Worth, Florida, came before the Council. If the co'uncii did not have a chance, to look at the property, Attorney' Kmeidler. had· some photographs he wanted ~them to see. He told the Council the p~ctures Clearly and accurately depidt the front and badk of the PropertY, some property across the street (which is a large church), and other things he thought the Council would.be interested in. Mr. Kreidter said M'r~s.~Monahan was seeking a C-1 Dning. It is presently-zoned R-2 in that area. The reason she wants to obtain a C-1 zoning for'that' property is, to operate a b~siness - a Pr°fessional'nurslng.. referral service, in that building. Attorney Kreid!er.examined the property and though very nice', ~rge' lot, well maintained, on the corn~ has access on s~ac?est from two curb cuts there~ a vision (as you p~ll out to Seacrest, there ~' are no bu~shes or anyth~n~.?-%here..,tbat~w0uld hamper someone out. of that property). As he described, ~t~orney Kreidler advised that Mr~ Monahan's business is a nursing referral service. What she oes is a doctor or hospital calls her office and says, "We ~eed a nurse to be at such and ~such a location." Her office th~n calls the nurse on the telephone. The nurse'does~not come t( the office. Her office calls 'the nurse on the telephone and directs the nurse to go to Bethesda Hospital or go to so and scs residence because there is a medical problem there and tbey~eed a full- time nurse. in this business, Mrs. Monahan employs many Boyntoi dents from all areas of'town. The problem With her right now is that with the large volume of records she has outgrown her p~resent location, which is in of Boynton Beach. Attorney Kreidter pointed out th Monahan needs to leave her present location,.and sh P~perty. She is looking to this property-as'a logical place to operate her business. Attorney Kreidler told the Council it is Mrs. Monah~n's position it would be a hardship, considering the cirqumst.anc~s of the property, not to allow her to utiiize 'this property for a pro- fessiona.1 nursing~0ffi-ce Attorne'y Kreidter further s~id it was Mrs. Monahan's position ~ it was a ~r, that %d~,~nrest~icted 5tees or pulling in or Beach resi- business that she keeps, another section at Mrs. e owns thms - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 that that property as it stands now is not economically feasible as a single family or duplex due to the traffic~ /the noise, ~and ambulances that go up and .down the street to Bethesda Hospital. He noted there was some comment in the staff report that that area continues to' develop residentially. Attorney Kreidler pointed out that, 'as the Council knows, the way it is continuing to develop residen~ia!ly is through PUDs. He told the Council they are having these big PUDs, as is reflected on the map, go- lng in there with these walls around them, basically with the front of the buildings~facing away from Seacrest. They have gotten around the noise problem and traf£ic problem on Seacrest by the use of bar~iers and the positioning, of the buildings. Obviously, Attorney-Kreidler poin'ted out, it is impossible for Mrs. Monahan to turn her house around or to put a giant wall up around it to cut down on the noise and other' problems that you have from Seacrest Boulevard. He thought everyone here knew that Seacrest, sihce it has been widened, has a lot of traffic. It was men~tioned'in -the report by~.the City'.s own staff that 12,000 ear trips-a'day go by on Seacrest Boulevard, Mr. Kreidler ~t~d the Council" 'His-~.-g~esswas that lt..would be it would probablY be the second or third-.most traveled street in Boynton Beach, after you consider U. S. 1. Attorney Kreidler wished to make some comments about the Compre- hensmve Plan and how, in their opinmon; this project does fit into the ComprehensiVe Plan. He went through the report that the City staff prOvided~ Attorney Kreidler referred to page 1 of the report and resd: "Provide an adequate~.range of housing choices." Attorney Kreidler stated i~ was their opinion that that also should include an adequate range of business environment or places where people could have their offices that fit into the surround- ing circumstances. He said you need to .provide a suitable living environment in all'neighborhoods.- Attorney Kreidler advised that it was their position that that'is not a suitable living environ- ment for a single family~or a duplex. He said, "You need to preserve the present stock of sound~dwellings in neighborhoods. Having this ~building bec~me a professional office would be a logical extension of professional zoning or commercial zoning that you will see if you look from Bethesda Hospital north on Seacrest. You have very, very nice professional offices all the way from Bethesda,. proceeding north, and this is the same type of project 'or change that Mrs. Monahan is talking about." Attorney Kreidler f~the~read-~from.~the City staff's report: "Eliminate existing and potential land use conflicts." Clearly, to keep that single family house there or duplex, Attorney - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Kreidler told the Council there is going to be a pending land use conflict ag Seacrest continues to get'busier and busier and busier. The hospital needs more services, needs more doctors offices, and'needs' more.nurses offices. That building and the zoning there needs to'be changed, Attorney Kreidl'er advised. The comment'~in the staff's report that Attorney Kreidler liked best was.at the top,of page 2: Encourage~.the~ development, of conm~rciai land uses where access- ibility is .greatest' and where iupacts to residential uses are minmmized ." Attorney K'reidier. as~d~ "What are we talking about but Seacrest Boulevard by the hospital where accessibility is greatest for the uses that you haVe,,for .this type of busines~s?'' ks to-the/ next,one: - - 'Discourage the~expansi°~' of strip commercial development, ' Attorney Kreidler' commented, "Obviously, we were not proposing any sort of strip Commercial development." Attorney Kreidler found the following comment to be interesting: "Boynton has a higher"tban average proportion' of older and retired households wino have managed to maintain relatively, high equity leVels over 1Qng .periods of homeownership. Nevertheless, the need for rental housing ih Boynton Beach will increase, particularly if the City'attempts to-increase its attractiveness for younger seg- ments 'of the popmlation." Attorney Kreid.ler.'said you are talking abou~ 'older people, people With the need for the hospital, the need for doctors, and with the need for'.'nursi.ng .,services. To change the zoning to C-1 in that area and to have.Mrs. Monahan put her nursing service into that building logi'callyI is going to help the people that need those type of servicesj~.Attorney [Kreidler continued. Skipping dOwn to the "Issues and Questions", also on page 2 of the City staff's report, Attorney Kreidler read: "1. Does the proximity of this lot and dwelling to Seacrest Blvd. make it unsuitable fOr residential use? It was their position that'the single f~mi!y house that Mrs. Monahan has or duplex,' facing Seacrest, is unsuitable for resi- dential use, Attorney' Kreidler told the Council. He said the other people th~t..[the staff ~D.~nedl had put'in for a zoning change contended also that, "We cannot live here. There is too much noise and' too much traffic." Attorney Kreidler stated that they also sought a C-1 change. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH,' FLORIDA NOVEMBER 16, 1982 Attorney Kreidler further read: "2. Is this property economically developable for a duplex?" Their answer to %hat was, "No, people with families are not going to want to Iive..th'ere with al~l ~of ~.hose cars go'i.n.g by. Anybody else is not goingS'to w'ant to live there :~r!all of the noise." "3. Is thispropertyphysically suitable for office use?" Attorney Kreidler though% if the Council examined the pictures that they had shown the Council, it would show them that it has good potential and wQu,!d be a fine Office building, very similar to the doctors and~dentists office's which .they would find further south on Seacrest "4. Would use of the property in question as an office affect the residential environment and. property values in nearby residential zones?"" "Clearly., it].~would', ".Attorney~Kreidler answered. He infomed the~. Council that the prOper~y values would go up. Talking about property values and %he City's 'tax base (~going back to the slide show that ~he Coun¢it"~Saw), Attorney Kreidter said a commercial building is much better for the City's' tax base than a single family or a duplex, buildilngj~ meaning the City would get more taxes out of that to plug inq0 its budget- (which Mrs. Monahan is willing to pay). Councilmember Woolley'~interrUpted to ask'if this house was not recently renoVated ail over or all around. Attorney Kreidler replied,-"Yes, it Was renovated. I~think it was in sort of a fallen~down state of r~pairs befo~, and~'my clients went ahead and'put the money in~? it so, regardless of what it was, it was going to be a' respectable, nice place that would be a credit to Boynton Beach as people~ drive back and forth down 'the street." CoUncilmember Woolt.ey~asked~if it was a sing!e, family residence at this point a~d.time. Attorney Kreidler informed her it is a duplex right n~w. 'Coun¢ilmember. WOolley goeS~by it probably 100 times a day, and she di.d recall that it is constantly kept up very well. Attorney Kreidler Continued by reading: '"6 ~' ~..~ Does, this'.~.proper~c~ fit~"~criteria, established in the Compre- hensive' Plan for the location of conm~rcial areas?" Attorney Kreidler referred to the top of page 2 of the City staff's report, where he read: - 10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 "Encourage the d.evelopn~nt of commercial land.uses.where access- ibility is greatest and where impactS to resldentmal uses are ~ minimized." Attorney Kreidler said they believe the plan to use that-as a professio.nal Off£ce fits in with the Comprehensive Plan to put a commercial building (Professional office) where accessibility is greatest, need Us greatest~ and where it will fit in.with the rest of the property south of there going to Beth~sda Hospital. "7. Would rezoning ~his property to C-1 be an instance of spot zoning?" In..their opinion, Attorney Kreidler answered,, it is not an ~insqance of spot zonin~.~due to the particular hardship to this p~'operty., the unique location it is in (on the corner there with access to the front and rear~), the increased traffic that has materialized"~nthe ~l~ast~few ~ears, ~has~ ~-cau'sed.~.a_problem as'~ to rentals one way or-another. As the Council looks at this, Attorney Kreidler said they may even be considering some of the p~operties that are south'of there, as to whether or not they may · probably fit into the same boat or be commercial uses also. Whether or not they are considering that' (because there is still .· .._an adequate hardship to this property), Attorney Kreidler advised the'Changing of t.he zoning on Mrs. Monahan~'s property still would be a first step towards a plan of possibly Qhanging all of that property to commercial. and then you get J Kreidler %hat the commercial. If ye yo~see/ duplex? ~here ar~ Attorney Kreidler had a chart, which he showed ~to the Council. At the' top, he showed the water plant, and Sai~ as you go down Sea- crest, they could see that there are walls ~for different p~operties, WhiCh he pointed out. Attorney Kreidler informed the Council that all of these buildings are facing the other Way. He designated where Mrs. Monahan's.property is and said the p~operties next to it' are ~the ones t~a~ have requested rezoning. Attorney Kreidler continued by Showing that these other properties are commercial, .nto~medical offices. .It._showed Attorney whOle area ms planning, 'sooner or later, on being ~u.look at it, Attorney Kreidler asked, "Where do !amil~.house.(as Mrs. Monahan has~,right now) or a no Bingle family or duplex, lOts or houses on - Seacrest Boulevard, facing onto Seacrest Boulevard other than Mrs. Monahan's and the two fmmediate!y south of her. The reason for that is, the only logical way to develop, that property is with a Planned Unit Development with a big wall around it or, as the City has done soU~h on' Seacrest, go to a commercial zone as Mrs. Mo~ahan requests'~ where you are going~ t° have nice doctors o'ffices, nursing offices, etc. ~ Other criteria that A~torney Kreidler thought the Council might want to consider was that at the Planning and Zoning Board hearing, six people spoke in favor of cha~nging the zoning. NO people (zero people) objected to changing the zoning. Attorney Kreidler - 11 - MINUTES - REGULAR CITY COUNCIL MEETING. BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 had a petition signed by registered voters in the City of Boynton Beach,[asking them if they were in favor of the rezoning of 2206 South Seacrest Boulevard'. There were a 150 'signatures on the ~eti't.$on, so Att0~ney Kreidler said th$ public interest in this is towards' changing'it.to a commercial zone because people feel that that iS what is'~going ko fit in that .a~ea and-would help Mrs. Moqahan from.'her hardship position and would.be the b~st for the C~ty of Boynton Beach. -The last thing Attorney Kreidler had was that the City of Boynton Beach paid money to an expert mn planning and zoning (Dr. Bartley) to come down here and discuss zoning changes, et'c. with this 'group and the Planning and Zoning Board. tt was Attorney Kreidler's understanding that Dr. Barttey said,zoning problems or zoning changes certainly are merited Where ~here is a hardship, where there is a problem to the people, and %hat~.~he zoning map Of the Comprehensive Plan should not be anything'~hat is written in. stoner that you are never going to change, or that you are going to change every ten years, whether it needs it or not, but as the cases come before this group (Council), if they meet the Criteria needed, they should deserve and have the change that they ask for. Councilman Wright asked how many emploYee.s Mrs. Monahan has. DUrmng the season, Attorney Kreidler'advised there is a high of 'around 80 and towards 'the summer, when things taper off and a lot of the senior citizens go north and there is less need for the services, it-goes down into the 40's. The vast majority of those employees are Boynton Beach people. Mrs. Tereesa Padgett, City Clerk, informed Mayor Trauger that other people wished to speak. A~len L. 'Polak, 645 West Ocean Avenue, Boynton Beach, recalled that at the Planning and Zoning Board meeting, which was held last Tuesday, the Board seemed to be in favor of residential zoning. It was stated that all of the new developments in the area were built for residential, approved by the City as a family dwelling. Mr. Polak told the Council that a gentleman last week from our Planning and'Zoning Board stated that the use should be used as a 'family-.area, which would include families of young children. That was Mr. Polak's main argument. He is in the real estate business, and Mr. Polak said it is very hard to go and find homes for people with children. 'Mr.'Polak stated that ~he ~ew developments going up, as well as a lot of '.them that a~e already ~p in. the area, are homes for the retired, adult communities and there are no children in them. Mr. Polak did not honestly feel that anyone with a family would want to live on Seacrest Boulevard. Mr. Polak drives Seacrest Boulevard himself quite a bit during the day. At 2:30 or 3.:30 o'clock'in;.the.afternoon, when the schools get out and the school buses are coming down, and the trucks and everything else, he said it is almost %mpossible to cross the - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 street. Mr, Polak believed if this zoning change was made for the 'nurses, mo-st of the people that would probably receive benefits would"be our senior citizens. They do need nurses. MayOr Trauger asked Mr. Polak if he lives in the neighborhood, Mr. Polak answered that he lives on West Ocean'Avenue, Boynton Beach, and he also owns a duplex on N. E. 2nd Street. Mayor Trauger ' 'further questioned, '~tn this immediate area?" Mr. Polak replied, "No. I have a business doWn.in that are~which I do travel every day." Evelyn Rohrbaugh (Mrs..'Loyal D. Rohrbaugh); 2857 S. E. 1st Place, Bo~ynton Beach, infOrmed.Mayor Trauger she was a neighbor, and she comes out and uses Seacrest Boulevard frequently every day. She asked Mayor Trauger if he knew where Bethesda HOspital is and sai'd she lives directly east of Be~hesda Hospital. Mrs. Rohrbaugh was speaking as a concerned citizen of Boynton Beach and what is happehing to Seacrest Boulevard., Being a resi~ ' dent of Boynton Beach for twenty years, living atl 2:8'57 S. E. 1st Place, Mrs. Rohrbaugh has observed many changes in Seacrest Boule- vard. She wa~ched.Seacrest Boulevard go from strictly resi- dential to commercia~ way back in the 60's[. Mrs. Rohrbaugh said this was referred to ~.. ~ as a spot zoning. As a resident of Boynton, she could not see it that way. Mrs. ROhrbaugh figured sp~t zoning took place back in 1960 when it was"all, residential. and-the first zoning'wa~ made for professional offices. Mrs. Rohrbaugh was in favOr of the rezoning at this ~ime. Wanted to qualify why she was in favor o'f it and s Beach needs a nurses registry in Boynton Beach. M called attention to the fact that this is a commun one and all of us. There is ample parking'at the property. It causes no traffic impact whatsoever in fact, Mrs. ROhrbaugh said it is desirabl.e over that could go on Seacrest Boulevard. She continue is an ideal buffe~ for the residential area that i it has.th.e~aPpearance of a residential home itself much better 'buffer than an office building that wa ~constructed. She aid Boynton rs[ Rohrbaugh ity service to existing to Seacrest-and, ~ lot ~f things ~'.iby saying it $ there because , which is a s to be Talk about Comprehens.ive Planning, Mrs. Rohrbaugh City's Comprehensive Plan right now was almost obs comes before the public again, Mrs. ~ohrbaUgh pred little qUestion but what Seacrest will go limited at'least ~15th ~enue. She thought it was advantag to rezone this property at this time because they over its use. Not only that, Mrs. Rohrbaugh saw iq as only conforming with what is already on Seacrest Boulevard. thought the Dlete. When it _cted there was ~ommercial to aous to the City ~o have control Donald Marra, 2.719 S. W. 5th Street, Boynton Beach, told Mayor Trauger he lives "off of the map", in Seacrest Hills, right behind MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 the hospital. Mr. Marra said he has traveled that road probably for the last thirty year's. He thought the only one that knew'him e~-the meeting Was Tereesa Padgett, City Clerk. Mr. Marra explained that he is not_very well known in Boynton because he has been very satisfied living in Boynton. He thought the ~City Council had done a good.job, and he expected they were going.to do a good job°n this ~e~i~ion here tonight. As they said before, Mr. Marra asked'who was to say that 23rd kvenue should have-b~n Commercial. He though% that.was the ..worst decision~that was ever made. Mr. M~rra said..he was not up here complaining because he knew ther.e was going to~ be progress. NOw that we have progress~ Mr. Matra stated we m~ke mistakes and we make corrections, but 23rd Avenue should have never been made 'Commercial at the end of Seacrest Boulevard.. If' you notice on all of the new developments, Mr. Marra said County zoning on private right-of-ways where there are four lane highways, no houses front the four lane highway. The backs of the houses front it, and the Streets are On the opposite side ,on all new County planning. How We?~got this plan h'ere was beyond Mr~ Marra. Normally, if you have C-l, he said y®u have R-2 next to it, and then you can have Residential on that. He saW~.~they had. C=.~'on th'ere and then .they have R-1AA backed right up next 'to"it. "That"s very good planning:!'.Mr. Marr~ remarked; "I've never seen that in any other City.' Mr. Marra wished to correct Attorney Kreidler on one statement because he saw some eye brows were raised'when he said there were 80 employees.- Mr..Marra advised that there are~ not 80 employees in that office. There are only two or thr~ in the office. The 80 are contaCted by phone but never come to the building. Mr. Matra wished the Council would reconsider this because if it is not done this time, i't will be dOne the next time. He ended by saying, "YOU know, and I know, Seacrest Boulevard has to be Commercial." Anna Noe, 705 Hillcrest Road, Boynton Beach, informed Mayor Trauger that she lives "off the map", just south of the hospital. She stated that she is a nurse and travels the road every daY. Ms. N~e thought the property should be zoned Commercial, and that it was an excellent spot for a'nursing agency. Loyal D. Rohrbaugh, 2857 S'. E. ~st Place, Boynton-Beach, said it makes a fine buffer for the residents ~n back of them. It is a -- beautiful place, Mr.. Rohrbaugh infOrmed the COuncil and referred them to the pictures they saw. He thought it deserved to be re- zoned. Mr. Rohrbaugh told the Council he would "a lot" rather have that place as a buffer for him than a two storY, medical center or something like that. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Reverend Douglas DaVis, 301 N. E. 13th Avenue, Boynton Beach, sat and tistened and watched this rezoning thing. He did not want to see anyone get into the spot that he was in, when they have property., try to build, and then the City rezoned it unbeknownst to~them~ ~Then,. Reverend Davis said th~ City sent them a letter stating that they cannot build. Reverend Davis thought theSe people (Monahans) had a legitimate "gripe", if the CoUncil did not pass this thing for the City, due to the fact that they are hiring people to do work for us, which we need'very., very Seriously. Reverend' Davis advised, you get sick one might and can't get a doctor or. a nurse, you can call this lady, and she will provide somebody to come to your house and see about you." 'Theresa Johnston, 2214 South Seacrest Boulevard, .Boynton Beach, lives in the house next door to the Monahans. It was eight months ago that she was here for the Same thing, and Mrs. Johnston had just to say that her house was put up for sale. The real estate and people who looked at it said, "Put it some place else, and we will buy it, but not on this street. We cannot Put children mn this house." As was brought up, Mrs. Johnston~pointed out that 23rd on the north side already is Commercial. This would not be a spot zoning, it woul'd be an extension, Mrs. Johnston advised. Robert L. Foot, 2400 S. W. 1st Street, was also speaking for his wife. Their home was on Lot 23, Westchester Heights (the area zoned R-1AA-backed UP to C-1 zoning). Mr.. Foot said he and his wife knew.it was .C-!.zoning when they bought the place but they also noted that across 23rd Avenue from them is an R-2 zoned area. 'He stated it was a lobe of the same area that is being c~nsidered tonight. If that particular lOt should be rezoned, Mr..Foot asked what wa~ to prevent the rezoning.of the lot across~ .frOm them on 23rd. He was sorry, but he could not join those~many citizens who had ~spoken tonight in favor of this. Mr. Foot thought it would be an unfortunate spot zoning. Mayor Trauger asked if anyone else wished to speak either in favor or against in the public hearing of this applicant. There was no response. Councilman deLong could sympathize with Mrs. Monahan. He could see ~the conditions there but pointed out that'they have to realize that the layout, insofar as proper .zoning is concerned, is not what it should be. Councilman deLong stated that you -never do have RG1AA backing up to C0mmerdlal and said it was supposed, tolbe broken down like R-2, R-3, or R-4 before you go near R-1AA. He said~ that is supposed to be a high type classification. Councilman deLong explained this was the old style of doing things, before they had City Planners and Planning and Zoning Boards that took a general outlay of the cities. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deLong reiterated that he could certainly sympathize with what the situation is because on the north side of 23rd Avenue, they have C-1. Then when you go from this particular site, where Mrs.-Monahan wants to go, Councilman deLong said you go e'ast to the tracks, and you have Commercial o~er there. In other words, he pointed out, "They are boxed in on tWo sides with Commercial." Councilman deLong noted that they brought~the water plant into the picture. He stated that the water plan't does not enter into the picture whatsoever because the water plant has been there for~years, and the people who built these develoPme'nts have upgraded that.neighborhood by putting ~his residential in there. They did not downgrade it. Councilman deLong told the Council they permitted the upgrading and not downgrading. Councilman deLong detests~ spot zoning, and as long as he has been serving the public, he would never vote for it. He would not vote for it here tonight. Councilman deL0ng'thought_what they should do with the whole section in there was to have it analyzed, and they should go among the people in there and find out juSt exactly what they'want. If the majority of the people are mn favor of Switching this over to CommerCial, Councilman deLong thought the City Planner'had a .job ahead of him to get this thing straightened out. Councilman deLong advised they were not going to do anything V~th.,the~:BUDbecause:~h~eyare goi~-g ~o remain, there,~but i'f you have R-3 andTC-1 on both sides of Seacrest down below and R-lA backing up to i~ he-..could see where they could have a diviSion up~here that would not interfere width the residential that would surround that particular area. Councilman deLong wanted to see this approached in the proper way. If the City Planner feels as though this is the time, and there was no doubt in Councilman deLong's mind that it will spread in that direction, because-all along Seacrest you have mostly Commercial. On 5th and 6th AvenUes, and those places, Councilman deLong pointed out that they still have the residential. Councilman deLong reiterated that he would like to approach it in the proper manner and fashion. He said you cannot do the right thing the-wr~n~ way~ In other words, ~ouncilman deLong could not see going in there-with spot zoning. Councilman deLong said the reason 'he expressed his opinion was to make certain that all hope was not lost on this. He thought there was still a chance to reconcile the differences. Insofar as the recommendation of the Planning and Zoning Board was to deny, Councilman deLong "bi~ the bullet" and moved to deny the request. As there waS no second t0' Councilman deLong's motion, Mayor Trauger announced that the motion was dead.. Councilmember Woolley moved to accept the application for rezoning from R-2 to C-1 of-the property owned by Julie W. and Susan L. Monahan located at ~2206 South Sea'crest Boulevard, seconded by Vice Mayor Warnke. - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Assistant City Attorney James Wolf advised that the motion would not be proper without the motion also including a change in the Land Use Plan. Councilmember Woolley agreed to include that in her motion. Vice Mayor Warnke accepted the Change. Vice Mayor Warnke commented that the reason he was in favor of this was that our City Code spells out thirteen uses for C-1 zoning. Out of those ~thirteen, only four can ever be used on ~the applicant's property due to its Size and_~parking area. Those four are for medical, dental, veterinarian, or business offices. The year 2090 Palm Beach County Transportation'Plan calls for that section of South Seacrest Boulevard to be a four.lane arterial highwayl This widening has already taken place, thus rendering the property'obviously unsuitable for family residential use. Vice Mayor Warnke quoted from the preamble to the Boynton Beach Comprehensive Plan: "The planning program is intended as a continuing and. ongoing process. The plan, therefore, must be subject tO continuing reevaluation in response to changing conditions." Seacrest Boulevard certainly~ qualifies as a changing condition under the Plan's intent. Vice Mayor Warnke respected the Planning and Zoning Board's careful ~nd detailed evaluation and the work by the City Planner. In this ins%ance'i however, he thought the Council should~go ahead with'the'thought in mind of "eventual!y,. Why not now." Vice Mayor Warnke Stated it is true the Council.may be setting a precedent, but all Cases are always heard oN an individual basis. Councilman Wright had very mixed emotions.. He referred to what the citizeh said, about eight months ago~{when the other request came into the Council)~-it--~was denied at~that~'ti'me~"b~~th~ ~-~i.~ Planning and Zoning Board.L Councilman-Wright had a lot of respect for the Planning and Zoning Board's opinion. He reminded the Council that t'h~y had just heard' ~ecentty about how. good ReBartolo and Mr.' Greco feel about the Planning DePartment and the City staff. Councilman Wright thought that made the City Council feel good to hear others come in and tell about our staff. Councilman. Wright thought some of us have our opinions and believe certain things. He."f~lt~these requests are being brought in quite frequently' about those few lots in that area. Councilman Wright read the package very carefully, and he felt the value of the neighborhood may have increase~.a~certain extent when you see what has been done by Mrs. Monahan. He said she has done a beautiful job in renovation~ Considering the points mentioned by the City ~Ptanner, Councilman Wright thought he did a goOd job ~n explain- ing some of them,, but he could not.totally agree with all of them. Councilman Wright did not profess to be an expert in City planning. Councilman Wright came here very mindful of the decision and - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 discussion that took pla. ce just shortly when Dr. Bartley came down from the University of Florida. .At that time, he raised the ques- tion about some other decisions they,,had made as~a City Council. It seemed to Councilman,Wright that Dr. Bartl'ey was very doubtful about some of the decisions the Council made and whether they made decisions for the betterment of our community, Councilman Wright rec.alled that DS. Bartley said they should'look simply beYond spot.zoning and lo0k at the other needs in the community. CoUncilman Wright came tonight feeling that the City does need housing. He was not sure he would want a family of his living there, in that particular house. He came reminded of the needs of the City's elderly-population and citizens~ Councilman Wright felt with the growing community and.the growing populace that are reaching that age ~(60 and abo've), that perhaps the City is going to have greater demands for the services that Mrs. Monahan has to offer. It was Councilman Wright's opinion that they-should rezone that whole~ four or five lots.~-there from Mrs. Monahan's house all the way back to Lot 6'7. He thought that whole block in that area needed to 'be 'C-1 z0~ing~ Coun~i!'man Wright felt the City could move ahead on what they need to get done. Councilman Wright also took a look at the Code Book .and the area on-home occupations. It seemed to him that if the City did not approvethis, Mrs. Monahan would be operating illegally. He said Mrs. Monahan did not want to do that as a~lon~ time resident of the City. She wants to operate'it in .good faith .because even und.er the area of home occupations, Councilman Wright advised it says that no assistants can be-employed. It seemed to Councilman Wright the only way out and to take care of some of the needs of our citizens in the community was to go with the C-1 zoning. That was the only way he could see that they could do it. As Mayor Trauger understood the problem~ this business has been operated fromanother location. Then in the last two years, they outgrew the other location and moved and purchased this. Attorney Kreidler agreed that was correct. Mayor Trauger was also mindful of the problems of the'other applicants, which they considered some'ti~e ago and denied-on the very basis of spot zoning. Council- member Wooliey c~rrected Mayor Trauger's statement by saying the CounC±l did not'~ny the~!.ot.he~applicants.-COuncilman Wright informed him tha~ the_aPplicants'withdrew before they came before %he .Council.' Ma~or Tra~ger 'Stated that the applicants withdrew~ to %he point tha~ they did n'ot become approved. He Called ' attention to the!fact that it was not onlY this ~spo% but several others in the City that are probably against the Comprehensive Plan~ As Mayor Trauger recalled, the ComprehensiVe Plan is scheduled for a review at least once a year Within a five year period. - 18- MINUTES - REGULAR CITY COUNCIL MEETING · BOYNTON BEACH~ FLORIDA NOVEMBER 16, 1982 Carmen AnnunziatO, City Planner, advised that the statutes require ~tha't there be a five year review period. He thought it was imP~ortant to reflect on the direction the motions are being made tohight with respect to.this. Mr. Annunziato reminded the Council that this instance is not a reflection on the business that'-Mrs. Monahan is in (the recommendations made by'the Planning Department and the Planning and Zoning Board). Mr. Annunziato did not hear Attorney Kreidler or Mrs. Monahan say that h~r ~' business would cease, Certainly, Mr. Annunziato continued, their recommendations were not a contradiction or an attempt to inflict bodily harm on the elderly residents in the City of Boynton Beach. The way-~iCoBne,ilmembe~ Woolley ~tooked at'~that.was~that it seemed~ Mrs~ Monahan could have a buyer in the back row, so she did not ' ' look at it in that respect. It was just a change for C=i, and that-'s that. The point Mr. Annunziato wanted to make was that the issue here is a reflection on the change in the ComPrehensive L'and policies which have'to be'looked upon in the light of the impact on similarly lOcated properties on similarly designed streets~ which will impact on residential neighborhoods and may cause a demolition of'~value in other locations. He said this ~e is not as clear cut '~s some others where you may.'have, for example; Single 'family homes 'to"%he rear, but the~i-basis is the same, and it ~ is precedential. Again,"Mr~. Annunziato reiterated that the issue is ~ot zoning for Monahan but zoning to a C-i' classification, which could accept any one of the number of C~i uses, most of whiCh are not harmful and mostly daytime uses,' but they do resul~ in additional curb cuts and they will result in additional congestion on Seacrest, which is something Mr. Annunziato thought they could expect. Councilman Wright asked if they understood now that at the 'Planning and Zoning Board meeting, none of the people who lived in close proximity to where the house sets now objected to the re- zoning. Mr.~,Annunziato affirmed that no one got up and objected to the request, ks a matter of fact, Mr. Annunziato advised that several people got up and were found in favor of it. Some of them happened to be homeowners to the South. Councilman deLong asked if all people within 400 feet were noti- fied. Mr. Annunziato answered, "Oh yes, all people within 400 feet." Councilmember Woolley wanted to say just one thing (being probably a female point of view). She felt it was totally unacceptable as a single family dwelling or a duplex. Councilmember Woolley did not think any of them on the Council would live there. She knew, 'having a small child, there was no way she would live there. That was the way Councilmember Wootley was'10oking at it. She was not looking at it as a place for the nurses' service because Mrs. Monahan could sell at any moment. Mayor Trauger repeated that the motion was to approve a rezoning - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 from R-2 to C-1 at 2206 South Seacrest Boulevard and to amend the Comprehensive Plan. Councilman deLong asked for a roll call vote. At the request of Mayor Trauger, Mrs. Padgett~ City Cl~rk, took a roll call vote on .the motion as follows: Councilman deLong Nay (Councilman deLong stated that he is definitely against spot .zoning. This will open up the door for the other people along side of them, Council- man deLong warned. He added that .if they come in, he will vote Yea, but tonight~ i~ was Nays) Vice Mayor Warnke Mayor Trauger Councilmember Woolley Councilman Wright ~°- Aye - Nay - Aye - Aye (Councilman Wright still thought.they needed to extend that up a little bit more.)~ The motion carried 3-2, with Councilman deLong and Mayor Trauger voting against the motion. City Manager Cheney asked Attorney Kreidler to realize that the City 'has to prepare ordinances. He confirmed his statement with Assistant City Attorney Wolf. Before it actually takes place, City Manager Cheney informed Attorney Kreidler there would be two more Council meetings. Attorney Kreidler understood, and said he Would explain it to his clients. Mayor Trauger announced that they would "jump now" to "VIII, LEGAL." VIII. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING~(These Public Hearings are continued from November 3, 1982 City Council Meetinq) Proposed Ordinance No. 82-38 Re: Annexation - Homart-Boynton Associates (Reqional ~Shoppinq Mall) Assistant City Attorney Wolf read proposed Ordinance No. 82-38 on second and final reading, by title only: (Mayor~Trauger had left the meeting and turned %he gavel over to Vice Mayor Warnke.) 'AN ORDINANCE OF THE CITY COUNCIL OF ~HE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING'A CERTAIN UNINCORPORATED TRACT OF ~ THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY CC~4PACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE - 20 - M~.UT~S - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER t6, 1982 LAND OWNER OF SAID TRACT OF 1AND, REQUESTING ANNEXATION PURSUA1Ff TO SECTION 7(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HIREWI%tq; REPEAL- ING'ALL ORDINANCES OR PARTS OF ORDINANCES IN C~ICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR' ADVERTISING; AND AN EFFECTIVE DATE; 'AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-38 on second reading, seconded by Councilmember ~Woolley. Vice Mayor Warnke requested a roll call vote on %he motion. Assistant City Attorney Wolf advised %hat a!l~.of these ordinances that are together have to be read separately and voted on separately. However, he thoUght he 'could go through the reading on all of them~.~<since, theyyare a~l retated..tq one subject ~matter,. and hold one public hearing on all of them. Vice Mayor Warnke agreed that it would save a lot of time. Assistant City Attorney Wolf repeated that the Council would, have to vote on them separately but he {hought he could go through the reading. Councilman deLong Withdrew his motion and~ Councilmember Woolley withdrew her second to the motion~ City Manager Cheney added one more piece of comp%ication to the issUe. He stated they will go through the reading of all of the ordinances, hold the public hearing~ but he asked that they not adopt the ordinances on annexation and zoning until they also address the site plans on them all, which are.on the Agenda tonight, ~because.approval of the site plan~ and approval of the ordinances all come together in'a total approvai package. He thought it was fair to say that the City should not get the land annexed and then rezoned without giving some indication that the site plan .is going to be approved. City Manager Cheney advised that he would like to .have them have the second-reading, have the public.hearing, and then maybe amend the Agenda tO bring the site plan up for-consideratmon at the same time and review that, and then give an indication or feeling that the Council is either going to approve them all or not, so that when the land is actuall'y physically annexed by action, the developer knows that the site plan is also going to be approved. Councilman deLong asked if they could not take the site plans under "VII, DEVELOPMENT PLANS", A, B, and C. Vice Mayor Warnke referred the question to Assistant City Attorney Wolf and asked if they were not approving annexation of property regardless of its use. Assistant CitY Attorney Wolff replied,~"~That is done simultaneously. The ordinances specifically refer to it as simultaneously." - 21 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FL©RIDA NOVEMBER 16, 1982 City Manager Cheney.~thoughtl-they may fi~d~the~developer in a possible situati~n,-'~.~i'In ~fac~, he pointed ~out, the'whole process here of ag~eem~int comes to this ~oint[' if the developer is not going to have his site plan approved, City Manager Cheney advised that he may feel that he would have to Withdraw his annexation before council Votes'.on it. He thought they had_a good faith kind of 'thing going on here and a very complicated issue that they had to address, all working together, and then the Council would have to act on them after they review all of the issues involved. Councilmember Woolley'asked why they could not do as City Manager Cheney originally suggested, with the seeond<~.readings. City Manager Cheney interrupted to say he WOuld like to do the readings, the hearing, the site Plans, discuss that, and then go on with the adoptions. Counditman deLong asked if the Council had the input on the site plans. City Manager Cheney i~fOrmed him that they had in under "DEVELOPMENT PLANS, C'". 'He said it was identi- fied as "DaVid Pressly, Esq." but it was the development plan or site plan'. In other words, Councilman deLong thought they could go under "~VII, DEVELOPMENT PLANS" and adopt "C". City Manager Cheney said they could take'~out "C" and discuss that one and then adopt them altogether. Then'.he said, ~'!We-will have a package that. they know they can live with." Mayor Trauger returned to the-meeting. Assi's%an~.City Attorney Wolf informed him.that he'would read all'of the"grdinances and then they would have a simultaneous Public hearihg[ Proposed ~ordinance NO~.82~,39~ Re: Annexation - Homart-Boynton Associates (Out Parcels) Assistant City Attorney Wolf read p~oposed Ordinance No. 82-39 by title only, .on second reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN .UNINCORPORATED TRACT OF LAND %%tAT IS coNTIGuoUS TO THE CITY L!MITS.WITHIN.PAt2~-BEACH CO~ AND THAT WILL UPON iTS' ANNEXATION, ~ CONSTITUTE' A REASONABLY COMPACT ADDITION TO THE 'CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, Pd~Q~TING'~TION PURSUANT TO SECTION 7 (32) OF THE CHARTER OF THE CITY'OF. BOYNTON IBEACH, FLORIDA, AND'FLORIDA S~ATUTES !71.044~ pROVIDING ~RAT THE . PROPER LAND USE DESIGNATION AND.PROPER ZONING OF ~ PROPERTY SHAI,I, BE REFLECIED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWI~; REPEALING Ar,l, ORDINANCES OR PARTS OF ORDINANCES IN coNFLICT HEREWIRIqt PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATEt AND FOR OTHER PURPOSES." ~. -pr'~poS~d O-rdinance No. 82-40 Re: Annexa~tion - First Federal Savinqs and Loan Association of Lake Worth - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16~ 1982 Assistant City Attorney Wolf read proposed Ordinance No. 82-40 on second reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF 'THE CITY OF BOYAYION BEACH, FLORIDA,' ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND %IiAT IS CONTIGUOUS TO %HE CITY LIMITS WIRII[N PALM BEACH COUNTY AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO. THE CITY TERRITORY PURSUANT TO ~A PETITION OF THE OWNER OF SAID TRACT OF. LAND, REQUESTIhlD. ~TION pURSUANT TO SECTION 7(32) OF q~E CHARTER OF THE:CITY OF POYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044.; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE 'PROPERTY SHALL BE REFLE~ tN .SEPARATE ORDINANCES TO BE PASSED SIMUL- TANEOUSLY HEREWITH; REPEALING ALT, ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;' PROVIDING A: SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." e Proposed Ordinance No. 82-41 Re: Land Use Amendment - Homart- Boynton Associates (Reqional ShoppinG Mall) Assistant City Attorney'Wolf read proposed Ordinance No. 82-41 on second reading', by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AME~]DING LAND USE ~,~V4ENT OF-THE ~COMPREHENSIVE.PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN' PROPERTY WHICH IS BEING'~ INTO THE CITY BY ORDINANCE SIMULTANDOUSLY HEREWITH WHICH .IS MORE PARTICU- IARLY' DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING 'C~2~NGID FROM PALM.BEACH COUNTY ~CIAL POTENTIAL TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." 5~ /[Pr~PoS'.ed Ordinance No. 82-42 Re: Land Use Amendment - Homart- Boynton Associates (Out Parcels) Assistant City Attorney Wolf read Proposed Ordinance No. 82-42 on second reading, by title only: ~'AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING OPdDINANCE NO. '79-24 OF SAID CITY, BY AMENDING LAND USE ~.V. MENT OF THE COMPRI~qENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER lAND USE OF CERTAIN-PROPERTY WHICH IS BEING ~NNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH'WHICH IS MORE PARTI- O3LARLY-DESCRIBED HEREINAFTER; SAID 1AND USE DESIGNATION IS BEING CHANGED FROM PALM-BEACH COUNTY CC6~iERCIAL PCrDENTIAL TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE~ REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSE~." - 23 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH,[ FLORIDA NOVEMBER 16, 1982 Proposed Ordinance No. 82-43 Re: Land Use Amendment - First Federal Savings and Loan Association of Lake~Worth Assistant City Attorney Wolf read proposed Ordinance No. 82-43 on second reading, bY titl.e only: "AN ORDINANCE OF THE CITY OF BOYNTON .BEA6H, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELE- MENT OF THE CC~PREHENSIVE PLAN OF THE CITY ~BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDtNANGE SI/~JLTA_NEOUSLY HEREWITH WHICH IS MORE. PARTICTU_ARLy DESCRIBED HEREINAFTER; ~ SAID LAND USE DESIG- NATION IS BEING CHANGED FROM PALM BEACH' gOIRYISf ~CIAL POTENTIAL TO LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE~ REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR'OTHER PURPOSES." Proposed Ordinance No. 82-44 Re: Rezone - Homart-Boynton Associates (Regional ~Shoppinq Mall). Assistant City Attorney Wolf read proposed Ordinance No. 82-44 on second reading, "AN ORDINANCE OF ORDINANCE NO. 80- CERTAIN PARCEL OI WHICH IS BEING S] OF BOYNTON BEACH PROVIDING THAT S~ WITH' PETITION FC~ HEREIN AND RESOLI APPROVAL OF PERM IMPACT PROCEDURE PROVISIONS; AN E Proposed Ordina Associates' (Out AsSistant City Atto on second reading, "AN ORDINANCE OF 9 ORDINaNcE: NO.. 80- OF I_AND YDRE PAR~ SIMULTANEOUSLY ~ BEACH BY ORDINAN£ A SAVINGS CLAUSE; FOR OT~R pU~Os~ by title only: ~E CITY OF BOYNYON BEACH, FLORIDA, AMENDING .19 OF SAID CITY, BY ZONING A PORTION OF A ' LAND MORE PARTICULARLY DESCRIBED HEREIN MULTANEOUSLY HEREWITH ANNEXED INTO THE CITY BY ORDINANCE ~AS C-3 (COMMUNITY CO~4ERCIAL); .TD .PROPERTY SHOULD BE DEVELOPED IN ACCORDANCE · ANNEXATION AND STAFF O0~TS REFERENCED TION R-74-343 OF THE BOARD OF COUNTY COF~CISSION T IN ACCORDANCE WITH DEVELOPMENT OF REGIONAL "-. PROVIDING FOR A SAVINGS. CLAUSE; REPEALING ,~CTIVE DATE AND FOR OTHER PURPOSES." nce No. 82-45 Re: Re'zone - Homart-Boynton Parcels) rney Wolf read proposed Ordinance No. 82-45 by title only: HE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 19 OF SAID CITY, BY ZONING A CERTAIN PARCEL TCULARLy DESCRIBED HEREIN WHICH IS BEING REWITH ANNEXED INTO THE 'CITY OF BOYNTON E AS C~3 COF~L~NITY COMqERCIAL PROVIDING FOR REPEALING PROVISIONS; AN EFFEC~fIVE DATE AND Proposed Ordinance No. 82-46 Re: Rezone - First Federal Savings and Loan Association of Lake Worth - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Assistant City Attorney read proposed Ordinance No. 82-46 by title only, on second reading: "AN ORDINANCE OF ~qE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80~19 OF SAID. CITY, BY ZON~ A CERTAIN PARCEL OF LAND NDRE PARTIC~JLAxRLY. DESCRIBED HEREIN WHICH tS BEING SIMULTANEOUSLY HEREWITH ~NIX~XED INTO THE CITY OF BOYNTON BEACH'BY ORDINANCE AS C-3 (CONIMUNITY COY~4ERC~); PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Ma~or Trauger asked if-anyone wiShed to speak in favor of these proposed Ordinances. There was no response. Mayor Trauger asked if anyone in the audience wished to speak in opposition to these proposed ordinances. There was no response'. THE PUBLIC HEARING WAS CLOSED AS TO THE ORDINANCES. Site Development Plans submitted'by Davi'd Pressly, Esq. for Boynton Beach, Inc, to construct the proposed Boynton Beach Mall located-in .the N. W. Corner of Old Boynto~ Road and Congress Avenue Councilman deLong moved, seconded by Counci!member Woolley, to approve the site development plans submitted by David Pressly, Esq., which was item "'C" under "VII, DEVELOPMENT PLANS" on the Agenda. Assistant City Attorney Wolf wished to speak to Carmen Annunziato, City Planner~ before the Council took a vote on the motion. He believed the motion would have to be amended. C~ty Attorney WOlf also advised the Council that they would have to have a hearing on this. Councilman-deLong withdrew his motion and Councilmember Wootley withdrew her second. The public hearing continued. Carmen knnunziato, City Planner, wished ~o. reiterate some of the comments he-made approximately two weeks ago.when he presented the 'site plan to the Council in preliminary form. He thought thel CounciI was familiar with the overlay and informed them it was Phase ~I of the proposed Boynton Beach Regional Mall located just to'the west of Congress Avenue on Old Boynton Road. Historically, Mr. ~nnunziato told the-Council this was proposed to be developed in Palm Beach County in'the~early 70s. It was reviewed as a development of regional impact~at~that>~time~.~with the Sou~h Florida Regional planning Council. In t974~ Palm Beach County adopted Resolution 74-343, which apProved a similar mall to what Was displayed. Mr. Annunziato informed everyone that the mall itself is to be built on a.'108 acre parcel, and in Phase I the leasable area-will be 992~719 square feet with a total building area of 1,134,428' feet consisting of five department stores and approximately 100 retail outlets inside. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NovEMBER 16, 1982 In Phase'II, Mr'. Annunziato informed everyone that the leasable area increases to 1,107,719 square feet With a total buildable area~of 1,249,428 square feet, now consisting~of six department stores plus a parking garage located on the western side of the proposed mall. Utilitywise, Mr. Annun'ziato said this site will be served by municipal sewer and water facilities with water on Congress and a~.propoSed,water line On Old.Boynton Road. The sewer lines will be a gravity sewer~ system, -which will collect all outside sewage for this parcel and poSsibly the out parcels, depending on some internal agreements directed to a pump station located at the central driveway, which will then pump directly into the 16 inch force main Which is mn place. As he mentioned previously, Mr. Annunziato S~a. ted that access is from'three driveways.. He~-~aid~these~are four-lane divided roads, off of Congress Avenue, but the four~h~_rQad wi'll.~ connect Boynton Beach Boulevard with O-ld Boynton Road to tie in 'at the eastern most driveway on Qld Boyn~0n~o~d~.~ (.He indicated i~ on the.overlay.) Concerning road impacts which Were addressed by the applicant, Mr. Annunziato said that in December of~198-1~ the applicant signed an agreement with Palm Beach County~which transferred 1~.~7 Million Dollars, which the COunty used_as a match against State economic development funds to place the improvements in Congress which you currently see. Again, still to be constructed is a four lane divided roadway from New Boynton Road to Old Boynton Road and turn lanes on Old Boynton~Road, Mr. Annunziato added.. Mr.. Annunziato continued by telling the ~ouncil there were s.eVeral variances an-d exceptions which were related to this applicatiob. Initially, there was a request for a variance to the requirement for a wall along Javert Road, separating the residential from the proposed commercial prQper~Y. The Board of Adjustment addressed this application an~d denied it. Mr. Annunziato further informed the Council"that the Planning and Zoning Board addressed two requests for vari&nces to the Park- ing Lot Ordinance. One concerned double striping, which was eventually ~ithdrawn by the applicant, and'~.the second concerned the requirement for curb stops at each'parking stall. Mr. · ~nunziato.-said that was .subsequently apProved' by the Planning and Zoning Board. The fourth item whieh Mr. Annunziato said-~required review involved the request for a height exception'by the City Council. One of the bui!d.ings, proposed is~a three s~ory~building which, - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 when the mechanical equipment located ~between~the .floors-~s ad.ded %Q.-~the~mechan:ieal~equipmentf:g~ top of the building, results in a height of 65 feet. Mr. Annunziato continued by saying the ceiling and floor dimensions for the three ~tory building are only 39 feet, and'the remaining 26 feet needed is compose~ of mechanical and ancillary equipment which may be exempted from the overall district type regulation consistent with the finding of fact by the Council-based on addressing several criteria which exist in the Zoning-~Code. Mr. Annunziato believed the applicant would address'those for the Council in ~ime to come. Mr. Annunziato told_.the Council this request went from the sta£f to the Planning and Zoning Board with a recommendation for approval, based on two memorandums which were prepared by Mr. Annun-ziato (one initially responding to the materials which were submitted which consisted-ofthedevel~pnent plan package; a pack- age of site design specifications; and thirdly, a development agreement which was something Mr. Annunziato said they had not -seen previously). Owing to the size of this development, Mr. Annunziato said there were several items which' had to be under- stood on both parts. Following the initial memorandum that Mr. Annunziato prepared, the develOper responded'to it, and Mr~-<Annunziato prepared an additional memorandum which went to the Planning and Zoning Board. The Planning and Zoning Boa-rd predicated their approval upon compliance and the understandings associated with those two memorandums. This .apPlication went before the Community Appearance Board last night, and Mr. AnnunziatO informed~-the Council it was subsequently approved by that Board. It now comes to the City Council with a positive recommendation'from the staff and the Planning and Zoning Board and a positive-action from the Community Appearance Board with respect to landscaping and aesthetic criteria. Mr. Dick Greco, Vice President, Edward g. deBartolo Corporation, wanted to address the height question he.was sure the Council was familiar with, as .they have gone over-it. Considering the application for exemption to the district height regulation, Mr. Greco said the City Council must maMe findings indicating that the proposed excePtion'has been studied and' considered in relation to the standards set forth in. Section 4F($) ~of~the~Bo~nton Beach Zoning Code. He stated as follows: "a. It will be no negative impact on existing and proposed land uses due to the location of the subject building. The subject building is note than 800. feet from any' property line. Ail the existing proposed land uses are those of the appli- cant. Under technical response, which will be %'b", Mr. Greco said: 'bi The one nmjor department store, as all of you are familiar - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 with, requires three floors ~with a minimum ceiling height of 13 feet. Mr. Greco explained ~%hat ther~ is four feet of mechanical space between floors and an additional t4. fee%' for paraquet walls,- mechanical penthouse, elevator, and that. type of thing on top. The basic building itself, without the exclusions, %hat the City made provisions for, is below'the standards the City set, Mr. Greco advised. He said the provisions the City made are good because they would apply to buildings like this one in particu- lar, the hOspital, or things of that-nature that-require a little more between each floor. Mr. Greco Complimented the City by saying he thought the Ordinance is aa excellent one;.i, he~knows,-~what,~%he City is trying to get away from.-and Said w~..?are d. oing~,a good' job of that. tlc. There will be no severe reduction in light and air in adjacent areas' due to the physical' location of the tkmrticular building. As they could see, Mr. Greco pointed out that it is basically in the middle of 108 acres of land. He continued: "d. The height exception will not be a' deterrent to the development of adjacent property due to the fact that the property to the east contains a co~nercial build- ing. The property to the north will contain four story g~rden apartments. The property to the south and west contains buildings that are an .extreme distance from the property line." "e. 'The height exception will not. adversely affect the property in the adjacent areas but will, in all likelihood, enhance the value." "f. The height exception will not adversely influence the living conditions of the neighborhood due to the fact that no one lives in the inmediate neighborhood. The closest residents live approximately 1~ 000 feet from the property line of this particular building. The public welfare will be enhanced, The. height exception will increase the developer's taxes for the mall, and the building in particular will be used by the public. Mr. Greco thought all of that had been addressed and everyone was very familiar with it. Tonight', Mr. Greco said %hey hoped basically to take the building off of~'the~drawing boards~.'and start~p~tting it in the.gr0und in the next week or so. Mr. Greco expressed their appreciation of the City's indulgence these many months. He passed out a piCture of what it is going to look like in about 18 months. - 28 - MINUTES - REGULAR CITY COUNCIL MEETI'NG BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman Wright was concerned~. When"Mr. Greco came before the Council, ~initialty~he.said he~woUld some qqality stores over. there. He wanted to find out f~om Mr. Greco at. thiS point and time what their plans ~were for some of these larger stores. Mr. Greco asked, "Do you mean what they are and who they are?" Council- man Wright answered, "Yes." Mr. Greco stated he would' like to be able to tell Councilman Wright. Basically, he said they have a problem inevery mall they build. Everyone wants to know what th~ stores they are. He reexplained that in each instance where they see the five stores, soon to become six, the' store itself buys that piece of the property and the parking around it. Sometimes they will announce when the mall breaks ground, and sometimes-they do not, Mr. Greco told the Council, for reasons of their own. ~ne of~the stores (the one they just read the height requirement on) is obviously a little different 'than has been around here, so M~ G~eco said they might guess at that, but he was not at liberty to say for them. About all that Mr. 'Greeo could say was that the City will have some excellent stores in this~mall. Basically, they are their customers, Mr. ~Grec0~Pointed"~oUt. Councilman~ ~Wright~said they want it to supergede~thOse in this County. Mr. Greco assured Mayor Trauger he would have alcafeteria. Members of the Council commented they thought it was very nice. Mayor Trauger asked if anyone in the audienee wished~to speak mn favor of the site plan development that was .just presented. There was no response. He asked if anyone who wished to speak in opposition to the site plan. There was no response. THE PUBLIC' HEARING ON THE SITE DEVELOPMENT PLAN WAS CLOSED. Attorney Wolf did not wish to preempt anyone but as this would be a complicated legal motion and it would' be eomlng from the Council. He thought it might be best if he would say what the motion would have to include. Mayor Trauge['told Attorney Wolf, "You may, and then someone will accept it (the motion) from your words." Assistant City Attorney Wolf recommended to the Council that a motion be made to approve the site plan subject to the appropriate ordinances passing for annexation, adopting a proper zoningland proper land use for the subject property; and that the specific findings are made that the heigh~ limitation exception requested>~th&t~the~standards/set out in Section 4 of Appendix A, Zoning, Section F, have in fact been~.me~,:b~[~he e~'£dence".'p'resen~ed~ by Mr. Greco, and that said height exception is in fact granted. Councilman deLong predicated his motion as recommended by Assistant City Attorney Wolf. He also included in his motion to approve the unanimous recommendation of the Planning and Zoning Board that the proposed Site Development Plans include the Development Agreement and the Project-Specifications be approved, subject to the Memorandum from the City Planner to the Planning - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Board dated November 3, 1982 (copy attached as pages 31~33,. Addendum to the November 3, 1982 Memorandum d~ted November 9, 1982 from the City Planner to the Planning and Zoning Board (copy attached.'~'as pages 34L37), subject to staff comments, as follows: -'Urban Forester: (Kevin Hallahan) Utilities Dept.: ~[Pe~ryA. Cessna, Director of Utilities) See Memorand~n attached as page 38. See Memorandum of October 27, 1982 attached as page 39. Utilities Dept. (Perry Cessna, Director of UtilitiesMemo of OCtober 29, 1982: "I am returning herewith Sectioh 15010 'Site Water' specificationS. Item 5 under 'A' general - they refer to installing meter-vaults in thefinished floor of a custcmer's space. This is incorrect as all meters will be in the sidewalk outside of the buildings. All other items are marked in Yellow, with comnents, as to how to oorrect specifications." City Manager (Peter L. Cheney) See "City Manager'sCo~raents, Development Agreement, Boynton Beach Mall, 1'0/31/82", attached hereto as page 40. Fire Department: (David L. Crockett, Executive Officer, Operations) "I noticed in a review~of~hePlans submitted'to us yesterday, 10/26/82, that the 8" sprinkler supply mains have not been provided withpost indicator valves as I was advised by Fire Inspector Cavanaugh. These shOuld'be placed on the exterior of the building~ where they are readily available to shut down the system after the fire 'to' reduce fire losses. 'If there is anything noted' as I further review the plans operationally, be certain I'll let you know." Fir~ Department: (William' D. Cavanaugh, Fire Inspector) See Memorandum of NOvember 3rd, 1982 attached as pages 41 and 42. Councilmember Woolley Seconded Councilman deLong's motion. Mayor Trauger commented that he was not "smart enough'! to read the motion back as he proPerly should. He asked if the Council would accept the motion as taken by Patricia Ramseyer, Recording Secre- tary. If there are any corrections, Mayor Trauger said they would make them at the next Council meeting. ~here Wasa'no further discussion on the motion. - 30 - ~,,. [MZqLEfES - REGULAR CITY COUNCIL M~E~TING '~'~- ~-. ?OYNTON BEACH, FLORIDA M E M O a A N D U M NOVEMBER 16, 1982 Ptanni~g a~d Zoning Board Members Carmen S. Annunziato City Planner November 3, 1982 FILE Technical Review Board Recommendation/Boynton Beach Mall The purpose of this memorandum is to forward to the Planning and Zoning Board a coordinated Technical Review (TRB) recommendation on the proposed Boyn~on 'Beach Mall site de- velopment plans. These plans received preliminary TRB review which resulted in the formal submission of the site develoD- ment plan application which consists of a series of site de-~ velopment drawings, project specifications and a .formal de- velopment~ agreement. For the purposes of this review, the City Manager's comments are included in the Staff recommendation. After review of the documents submitted, the Technical Review Board offers for Board and Council consideration comments as follows: Building Department page LA - modify tree specification to read - required trees shall have a~minimum trunk diameter of two (2) inches when measured, four and one-half (4%) feet above grade and required trees shall be a minimum of eight (8) feet in overall height immediately after planting, pages LA, LD - where driveway abuts the Boynton Canal on the north property line, a hedge, eighteen (18) inches in height at time of planting is re- quired to be pla'ced in a two and one-half (2%) foot planting strip, Development Agreement, Sectmon 7B2d - insert the word sprinkled between the words Type II and the comma; City Forester page LA - see memorandum dated November 1, 1982 from Kevin Hallahan to the City Planner (attached); Utility Department page M-3A- see memorandum dated Oct. 27, 1982 from Perry Cessna to the City Planner (attached); project specificagions - Section 15010, Site Water (A5) - see memorandum dated Oct~ 29~ 1982 from Perry Cessna to the City Planner (attached); ~-MIMgT, ES - REGULAR CITY COUNCIL MEETING -;:..BOI~.,TO.N 'BEACH,' ~ FLORIDA MEMORANDUM NOVEMBER 16, 1982 Planning and Zoning Board Members Carmen S. Annunziato City Planner November 3, 1982 Technical Review Board Recommendation/Boynton Beach Mall - 2 - Energy Department Development Agreement - Section 7Al - expand Section 7Al to include designed~ illumination levels at grade and provide for the City information as to the party responsible for the continued operation of the parking lot lighting system; Public Works Development Agreement, Section 7A - add. a paragraph 6 which addresses the proposed program for san- itation service to include method of pick up, type of containers and proposed vendor; 'City Planner General - all approvals granted by the Planning and Zoning Board and the City Council are to be made on the basis that the mall property will be successfully annexed and zoned, - approval of a height exception by the City Council for all proposed structures over forty- five (45) feet in height; City Manager Development Agreement - see list of City Manager's comments dated October 31, 1982 (attached); Fire Department page M-3A - see memorandum dated October 27, 1982 from David Crockett to the City Planner (attached), Development Agreement - Sections 5 and 7 - see memorandum dated November 3, 1982 from William Cavanaugh to the City Planner (attached). - 32 - '- ~ MINUTES .- REGULAR CITY COUNCIL MEETING MEMORANDUM NOVEMBER 16, 1982 Planning and~ Zoning Board Members Carmen S. Annunziako City Planner November 3, 1982 Technical Review Board Recommendation/Boynton Beach Mall - 3 - The staff recommendation is to approve the proposed Boynton Beach Mall site development plans and attendant documents, submitted by Boynton Beach, Inc., which'provide for the construction of a regional shopping mall subject to the staff comment.s included in or appended to this memorandum. CSA:mpc Aktachs. CC: City Manager TRB Members Central File Carmen S. Annun~ato City Planner - 3'3- _- MINIITES - REGULAR CITY COUNCIL MEETING '? .~OY/qTON ~EACH, FLORIDA M M ORA NOVEMBER 16, 1982 Planning & Zoning Board Members Carmen S~ Annunziato City Planner Nov.-9, 1982 Addendum to Memorandum to Board dated November 3rd,1982. The purposes of this memorandum are twofold as follows: 1. to address the items raised in the November 3rd,1982 memo- randum from the City Planner to the Planning and Zoning Board; and, 2. to offer additions, deletions and/or modifications to the November 3rd, 1982 memorandum and to the site development plan submission. Each of the issues raised in the memorandum was answered by Boynton Beach, inc. and with the exception of the Public Works Department and the City Forester,agreement was reached with staff consistent with the changes that will follow. The reason that the Public Works Director and the City Forester have not responded to the changes is that they were not available to review the proposed modifications; however, if'they are in disagreement with the answers provided, they may offer their comments prior to Council review. As in the pre- vious memorandum, the.City Manager's comments are included in this review. To that end, please be advised of additional comments as follows: ~' page LA,LD - Building Department Comments - Owner will appeal this interpretation to the Community Appearance Board. page LA - Memorandum from City Forester to City Planner dated Nov. 1, 1982, Para,graph 1 - Modify percentage to 30 to 40%. page M-3A - Memorandum from Utility Director to City Planner dated Oct. 27, %982 - replace paragraph 4 and the three paragraphs 'that follow paragraph 4 with the following: 4. Concerning fire lines, the owner will comply with one of. the following conditions: 1. modify the riser detail to show a cross, 2. hold the City harmless for the water lines from the cross into the building; and, 3.'install an indicqting valve inside the building with outside control; or ~IN~TES - REGULAR CITY COUNCIL MEETING ~BOYNTON 'BEACH, FLORIDA . - 2 - NOVEMBER 16, 1982 B. 1. modify, the riser detail to show an in- dicating valve assembly outside of the building. project specifications - Section 15010, Site Water (A5), memorandum from Utility Director to City Planner'dated October 29, 1982 - Clarification - meter installation detail will be as shown On page M-3A. Development Agreement - Energy~Department comments, Section 7(A) (1) - add the following language to Section-7 (A) (1) - Illumination levels shall be between one-half (%) and three-quarter (3/4)-foot candle average at grade. The shopping center parking lot lighting system shall be maintained and operated by the individual property owners. Minimum on-site security lighting will be maintained by Bo'ynton Beach, Inc. in the event a depar~nent store ceases to operate. Development Agreement - Public Works Department comments, Section 7(A) - add a paragraph 7(A) (6) as follows: All refuse from {he center section small shop areas and the department stores will be deposited in compactors which will be lo~ated in the mall and department store service areas. The owner(s) will contract with a City of Boynton Beach authorized vendor for refuse removal and disposal. The proposed vendor is County Sanitation. Development Agreement - City Manager's comments, Section 3(c) - add the words dedication of the easements, such conveyances will not occur prior to the actual between the words actual and installation. Development Agreement - City~ Manager's comments, Section 3 (paragraph following ~) - add the words unless parcels ~ 2 or 3 are divided into more than three (3) tracts between the numbers (6.54 ac.) and the word and. Development Agreement - City Manager's comments, Section 4 (paragraph following (b) (1) - replace the word their with the words the owner's. Development Agreement - City Manager' s comments, Section 4, after paragraph 4(b)(2) - add paragraph 4(b)(3) as follows: The text of paragraph 4 (b)(1) above does not apply to out-parcels #2 and 3. - 35 - ~._~-- ..MINI~TES.- REGULAR CITY COUNCIL MEETING -. ._ ~BOYNTON BEACH, FLORIDA NOVEMBER 16~ 1982 1'4 Development Agreement - City Manager's comments, Section 6 (1) - add language to this paragraph indicating that the inform'ation contained in this paragraph will be included in the tenant's handbook,and that the tenants will be re- quired to sign a receipt for the handbook. Development Agreement - City Manager's comments, Section 7(B) (1) (b) - add language to'this paragraph indicating that the information contained in this paragraph will be included in the tenant's handbook, and that the tenants will be required to sign a receipt for the handbook. page M-3A - Fire Department's Comments, memorandum dated Oct. 27th, 1982, from David Crockett to the City Planner Issues raised by Mr. Crockett are addressed in re- vised paragraph 4 of Utility Director's comments. Development Agreement - Fire Department's comments, memorandum dated Nov. 3, 1982 from William Cavanaugh to the City Planner, Section (5) (c) - Issues raised by Mr. Cavanaugh in this section are addressed in revised paragraph 4 of Utility Director's comments. Section 7(B) (6) (H) - delete the words Negotiable on a case by case basis and add 'the words as required by Code. Section 7(B) (6) (J) - add the words as required bY Code. Section 7(B) (6) (R) - add the words as required by Code after the word plans in the first statement. Section 7(B) (6) (R) - add the words as required by Code after the word plan in the second statement. Development Agreement - Owner?s comments, Section 7(B) (6) (d) modify sentence (d) to rea~ as follows: Indicator valves will be used at or in the building in lieu ...... Section 4(b)(2} - add a sentence to 4(b)(2) as follows: The City shall install a 20" X 10" tee with-a valVe at the Location indicated on the owner's site water plan'M-3. Section 5(c) (paragraph 8) - add the word minimum between the words pipe and class. Section 5(c) (paragraph 8) - add the words ductile iron pipe or between the words be and polyethelene. - 36 - · ~MINUTES - REGULAR CITY COUNCIL MEETING BOYNTQN BEACH, FLORIDA NOVEMBER 16, 1982 Section 5(c)(paragraph 8) - add the words Materials per plumbing code prior to the word may. Section 7(A)(1)(a) - replace the word Standard with the word National prior to the word Electrical. Section 7(B)(6)(J) - add the word riser to the sentence after the word sprinkler. Section 7(B) (6) (o) -delete this section. Section 7(B)(2)(K) L d-~le%e the last sentence. Section 7(B)(4)(g) - add a sentence as follows: The food boutique area is to be served by a common grease trap. Section 7 (B) (4) (],) - delete the word shall and replace with the word may.. Section 7(B)(4)(N) - delete the first sentence and replace with the sentence which follows: Smoke detectors in return air stream and fire stats in air supply air stream must shut the H.V.A.C. units down. Section 7(B) (4) (p) - delete the word shall and replace with the .~ord may. The staff recommendation is to append these comments to the City Planner's memorandum to %he Board of November 3rd, 1982 and to recommend approval of the proposed mall site development plans based on these conditions. ~ CSA:mpc Carmen S. Ar~unziato City Planner CC: City Manager TRB Members Central File - 37- _MINUTES - REGULAR CITYCOUNCIL MEETING :_._. ~o~ ~.~o~, ~o~-~ M E MO RAN D U M NOVEMBER 16, 1982 Carmen S. Annunziato City Planner Kevin Hallahan Urban Forester November 1, 1982 ,u.jEc~Proposed Plant Palette for DeBartolo Mall This memo is in reference to the proposed plant palette (species list of vegetation) for-the DeBartolo Mall. I would like to make a few recommendations based on the list of materials the landscape architect has selected. t. No one species of any "tree" comprise more than 10-15% of the total quantity used. (This is to prevent the entire landscape area comprised cf Black Olive and Mahogany, ie. 2. Recommend using native trees and vegetation in selection of materials. 3. Removal of "Senegal Date Palm" (Pheonix Reclinata) from list of Palm trees as it is susceptible to lethal yellowing dis.ease. 4. Recommend replacement of "Tamarind" (Tamarindus indica) with "Tamarind" (Lysiloma latisiliquum), a native tree species. 5. Recommend use of "cocoplum" (Chrysobalanus icaco) and "Silver buttonwood" (Conocarpus erecta) as hedge material. These species are also native and will require !ess maintenance. KH:mpc ~ovin Ha~lhhan Urban Forester - 38 - ..MINUTES - REGULAR CITY COUNCIL MEETING ~.BOYNTON BEACH, FLORIDA MEMORANDUM NOVEMBER 16, 1982 October 27, 1982 TO: Mr. Carmen Annunziato, City Planner RE: DeBartola Shopping Mall Please be advised that on drawing M-3A of this project ~678,job XXX, the following details need to be corrected to the City's satisfaction before the Utility Department can sign off. 1. On the detail of the sampling point, they should show a minL~um cover of 30". ' --~ 2. On the valve box detail, they should show a 24" square by 8" thick concrete pad around the collar at the top of the valve box. 3. Their typical water service detail is incorrect and I have attached a copy of our standard detail which should be used for the meter installation. 4. 'There are 8 fire lines going into the buildings. In each case, they show the typical detail as going inside the-building and then capped. In our original discussions, it was agreed that the post indicator valve would be used and that thes'e valves would be outside the building. There are two reasons for this. One, being that With the valve box outside the building, our responsibility would end at this point and we would have no responsibility if there was any water damage done inside of the building. Secondly, the way it is laid out, when they went to connect their sprinkler system, they would have Contaminated an open system which serves domestic water and therefore, would have to re-chlorinate and re-sample. We are returning Section 02102 "Clearing,Grubbing, and Demol~ion" and the drawing. ~ /~~___~'~'~// Perry A. Cessna, //'_'-- Director of Utilities apt CC: PAC File Attachments: a/s above - 39 - MINUTES - REGULAR CITY' COUNCIL MEETING BOYNTON BEACH FLORID~k _.~ .~ .~-~.> ~ ~ ~ ~-"~,- NOVEMBER 16, 1982 City Manager's Comments Development Agreement Boy,ton Beach Mall 10/31/82 Section 3 (c) - modify last sentence to complete the thought (d) -.insert the word, related between the words the and public. (paragraph following d) - modify to read that out- parcels 2 and 3 may requi~e platting in future. Section 4 (paragraph following bl) replace the word their with the word developers. ~ (add paragraph following b2) - include language that Section 4(bl) do~s not apply to out-parcels 2 and 3. Section 5 (middle of page, Parcel #1) - delete words in this clause: 100% of the cost of. Section 6 Section 7 (1) - add language to this paragraph indicating that this paragraph will be included in all leases. (lb) - add language to this paragraph indicating that this paragraph will be included in all leases or other similar documents. - 40 - ~' .-~Mo.I~U. TE$ - REGULAR CITY COUNCIL MEETING --~ ~gyNT. ON BEACH, FLORIDA MSMORANDU'M NOVEMBER 16, 1982 CARMEN ANNUNZIATO C~ty--Planner 3 ~ William D. Cavanaugh, Fire Inspector DATE Nov. 3rd, 1982. Comments on Development Agreement Boynton Beach Mall (dated Oct. 26th, 198.2) Find listed below Fire Departments comments as per page, Section, item number as presented by the developer. Page 7, Section 5 (C) Ref. Memo to City Planner from Utilities Director dated 10-27-82. This office concurs with this memo. Balance of Section 5 (C) accepted as proposed. Page 10, Section 7 (B) !-a accepted as proposed. Page 11, Section 7 (B) !-k accepted as proposed. NOTE: Please add any required , Automatic Fire Extinguishing system. Sec%ion 7 (B) 2-a accepted as proposed Section 7 (B) 2-C thru J accepted as proposed. Page 12, Section 7 4 B & L accepted as proposed Page 13, Section 7 4 N Section 7 5 A accepted as proposed accepted as proposed Page 15, Section 7 5 Section 7 6 ¥ & Z accepted as proposed A,B,C accepted as proposed D see comment on Page 7 Section 5 (C) E,F,G accepted as proposed H this dept. reserves the right to require sprinkler if a situation is deemed hazardous Negotiable on a case by case basis. I accepted as proposed J .... (The Mall, Concourse, tenant areas to be~ fro~ same riser.) ..... So long as separate annunciated, monitored and supervised per water flow to a particular area .... also .... so long as water supply meets code requirements for sprink* let density that enough branch valves are available and accessible to shut off involved areas after extinguisherment page 1 of 2 - 41 - MINUTES - REGULAR cITY'couNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16'[ 1982 MEMORANDUM C A P~E N AAINI/NZIATO City Planner William D. _ Cavanaugh, Fire Inspector Nov. 3rd, 1982 Comments on Development Agreement Boynton Beach Mall (Dated Oct. 26th, 1982) Continued from page 1 .... Page 15 , Section 7 6 K,L,M,N O Page 16, Section 7 6 P Q accepted as proposed reserve the right to correct hazardous conditions as required Reserve the right to add/delete require- ments on individual tenant basis, based on recognized good practice accepted as proposed Please submit notification and alarm concepts philosophy and or plans .... alternates maybe acceptable. Addition... Please submit concourse smoke control concept, philosophy and or plans. - 42 - ~NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Mayor Trauger called for a roll call vote on the motion by Mrs. Padgett, City Clerk, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-38 Re: Annexation - Homart-Boynton Associates ~(Reqional Shoppinq Mall) ' Councilman Wright moved, seconded by Councilmember Woolley to adopt proposed Ordinance No. 82z38. At the request of Mayor Trauger, Mrs. Padgett took a roll call vote on the motion: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger AYe Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-39 Associates (Out.Parcels) Re: Annexation - Homart-Boynton Vice Mayor Warnke moved, seconded by Councilmember Woolley, to adopt proposed Ordinance No. 82-39. Mrs. Padgett, City Clerk, took a roll call vote on the motion, upon the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. PropOsed Ordinance No. 82-40 Re: Annexation - First Federal Savinqs and Loan Association of Lake Worth Councilman Wright moved the adoption of proposed Ordinance No. 82-40 on second and final reading, seconded by Councilmember Woolley. A roll call vote on the motion was ~taken by M~s~.:_.!· Tereesa Padgett, City Clerk, at the request of Mayor Trauger: Councilman deLong Mayor Trauger Aye Aye - 43- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Vice Mayor Warnke Councilmember Woolley Councilman Wright Motion carried 5-0. Aye Aye Aye Proposed Ordinance No. 82-41 Re: Land. Use Amendment - Homart- Boynton Associates (Reqional Shoppinq Mall)~ Vice Mayor War~ke moved to adopt proposed Ordinance No. 82-41 on second and final reading, seconded by Councilmember Woolley. A roll call vote on the. motion was taken by Mrs. Padgett, .City Clerk, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councitmem. ber Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed. Ordinance No. 82-42 Re: Land Use Amendment - Homart- Boynton Associates (Out Parcels) Councilman Wright moved, seconded by Councilmember Woolley, to adopt'proposed Ordinance No. 82-42 on second and final reading. Mayor Trauger requested Mrs. Padgett, City Clerk, to take a roll call vote on the motion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger - Aye - Aye -- Aye - Aye - Aye Motion carried 5-0. Proposed~Ordinance No. 82~43 Re: Land Use Amendment - ~First Federal Savinqs and Loan Association,of Lake Worth Vice Mayor Warnke moved to adopt proposed Ordinance No. 82-43 on second and final reading. Councilmember Wooltey seconded the motion. A roll call vote was taken by Mrs. Padgett, City Clerk, as requested by Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 P~oposed Ordinance No. 82-44 Re: Rezone - Homart-Boynton Associ- .qte's (ReqionaI Shoppinq Mall) CoUncilmember Woolley moved to accept proposed Ordinance No. 82- 44 on second and final reading, seconded by Councilman deLong. At the request of Mayor Trauger, Mrs. Padgett, Cit~ Clerk, took a roll call vote on the motion: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-45 Associates (Out Parcels) Re: Rezone - Homart-Boynton Councilmember Woolley moved to accept proposed Ordinance No. 82-45 on second and final reading. The motion was seconded by Councilman deLong. A roll call vote on the motion was taken by Mrs. Radgett, City Clerk, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-46 Re: Rezone - First Federal Savinqs ~nd Loan Association of Lake Worth Councilmember Woolley moved to accept proposed Ordinance No. 82-46 on second and final reading, seconded by Councilman deLong. Councilman deLong felt very gratified that he was a member of the Council when this particular project was coming into the City because he happened to be on the 'Council in 1973, when this was being,put~.together. Councilman deLong wanted to say that the people the City was ~oing business with are "tops" and they are "high class." Councilman Wright thOught that was great. Council- man deLong told Mayor Trauger he could say that DiCk Greco is 'tops". Councilman Wright was going to wait to make his comments. Councilman deLong was o~ly making a comment because he has been watching this thing for nine yea~s and he felt as though, being a member of the Council in 1973 when'it broke and being ~ fortunate enoughto be here when it actually became Culminated, that he should h~ve something tO say. He repeated that he felt - 45 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 very gratified. A roll call vot Clerk, at the z Vice Mayor Councilme~ Councilma~ Councilman Mayor Trau Motion carried Proposed Ordine Members to the Assistant City by title only, 'AN ORDINANCt BEACH, FLORI GENERALLY, ZONING BOARE (2). REPEALING AL HEREWITH; ~PR CODIFY; PROV ~sit was a pub e on the motion was taken by Mrs. Padgett, City equest of Mayor Trauger: Warnke - Aye ber Woolley - Aye Wright - Aye deLong - Aye get - Aye 5--0o nce NO. 82-47 Re: ApP0intinq Two Alternate Planni.nq and Zoninq Board Attorney Wolf read proposed Ordinance No. 82-47 on second and final reading: OF THE CITY COUNCIL OF ~HE CITY OF BOYNTON DA, AMENDING CHAPTER 19 PLANNING AND DEVELOPMENT RTICLE! IN GENERAL; SECTION 19-1 .PLA/q~ING AND CREATED APPOINTED TERMS, BY PROVIDING FOR TWO ES ON ~qE PLANNING AND ZONING BOARD OF THE CITY; 5 ORDINANCES, PARTS OF ORDINANCES IN CONFLICT DVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO IDING AN 'EFFECTIVE DATE; AND FOR Cri~ER P~SES." hearing, Mayor' Trauger asked if anyone in the audience wished to speak in favor of the proposed Ordinance. There was no response. He asked if anyone wished to speak'in opposition to p~oposed Ordinance 82-47. There was no response. ~ayor'Tr'aUger d~clared the Public Hearing closed. ' Councilman Wright moved'the adoption of proposed Ordinance No. .82-47 on secon~land f:inat.readi~ is~co~ded~-byAVlce Mayor Warnke [~yori~Trauger~re~s~ed Mrs, Padgett, ~ity Clerk, to take a roll call ' vote on the motion as follows: Councilmember Woolley Councilman Wright COuncilman deLong Mayor Trauger Vie.e Mayor Warnke Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. 82-48 Sidewalks Required Re: Amending Section 22-25(a) Assistant City Attorney Wolf read proposed Ordinance No. 82-48 by title only, on second and final reading: - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 22-25(a), 'SIDEJNkLKS Pd~QUIRED', ARTICLE II, 'CON- STRUCTION, REPAIR OR ALTERATION', CFJtPTER 22, 'STREETS AND SIDE~ ~S', TO ALSO APPLY WHEN A CHANGE IN OCCUPANCY AS DEFINED IN %HE STANDARD BUILDING CODE OCCURS AND/oR WHEN ANY BU¥1DING IS RECONSTRUCTED IN AN AMOUNT WHICH EXCEEDS 70% OF ITS CURRENT ASSESSED VALUATION AS DETERMINED BY THE. PAI2~ BEACH COUNTY PROPERTY APPRAISER; PROVIDING FOR A REPEAI.~R~CLAUSE; PROVIDING A SAVINGS CLAUSE; REPEALING AIL. ORDINANCES IN CONFLICT; PRO- %rIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-481 There was no response. He asked if anyone in the audience would like to speak in opposition of proposed Ordinance'No. 82-48. There was no response. Mayor Trauger declared THE PUBLIC HEARING ON THIS ORDINANCE WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 82-48 on second and final reading, seconded 'by Vice Mayor Warnke. No discussion. Mrs. Padgett, City Clerk, took a roll call vote on the motion; at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-49 Re: Amendihg 0~dinances~782~26 and 82-27 Concerninq Annexation of Benjamin and Field Property Assistant City Attorney Wolf read proposed Ordinance No. 82-49 on second and final reading, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYN%~N BEACH, FLORIDA, AMENDING ORD/NANCES NO. 82-26 and 82-27 BY PROVIDING FOR THE ANNEXATION OF CERTAIN RIGHTS-OF-?~AY LOCATED WITHIN PALM BEACH COUNTY CONTIGUOUS TO RECENTLY ANNEXED LANDS WHICH WHEN ANNEXED WILL CONSTITLri~.A REASO~Y COMPACT ADDITION TO THE CITY LIMITS; REPEALING ALL ORDINANCES OR PARTS OF ORD/NANCES 'IN CONFLICT HEREWITH; PROVIDING FOR A SAVIhl]S CLAUSE; AN EFFECTIVE DATE; AND FOR OTHER PURIK)SES." Mayor Trauger asked if anyone in. the audience wished to speak in favor of proposed Ordinance No. 82-49. There was no response. He asked if anyone in the audience would like to speak in opposition to proposed Ordinance No. 82-49. There was no response. THE PUBLIC HEARING AS TO PROPOSED ORDINANCE NO. 82-49 WAS DECLARED CLOSED. - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deLong moved the adoption of proposed Ordinance No. 82-49 on second and final reading, seconded by Councilmember Woolley. No discussion. Mayor Trauger requested Mrs. Padgett, City Clerk, to take a roll call vote on the mo~ion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong MayOr Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-5.0 reqardinq vehicular siqns Re: Amendment to Sign Ordinance Assistant City Attorney Wolf read,proposed Ordinance No. 82-50 on second and final reading, by title only: !'AN ORDINANCE-OF 5HE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AM~qDING CHAPTER 21 SIGNS, SECTION 21-14, BY ADDING A NEW SECTION ' f' REGULATING ~VEHICULAR SIGNS; REPEALING ALL ORDINANCES, PARTS OF ORDINANCES IN O0NFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE.; PROVIDING AUTHORITY TO CQDIFY; PROVIDING AN EFFECTIVE DATE; AND'FOR OTHER PURPOSES." Mayor Trauger asked-if anyone in the audience would like to speak in favor of proposed Ordinance No. 82-50. There was no response. He asked if anyone in the audience would like to speak in opposition to proposed Ordinance No. 82-50. Hearing no response, Mayor Trauger d~cta~d THE PUBLIC HEARING ON PROPOSED ORDINANCE NO. 82-50 CLOSED. Councilman deLong moved the adoption, of proposed Ordinance No. 82-50 on second and final reading, seconded by Vice Mayor Warnke. Councilmember Woolley expressed that she has never been "wild" about proposed Ordinance No. 82.=50. She thought it would be very hard to enforce. However, Councilmember Woolley said she would go along with it, as it seems to be what the .people want. She just hoped that our officials would not spend all day hunting down vehicles rather than. doing the regular Work throughout the community. Mrs. Padgett, ~ity Clerk, was requested by Mayor Trauger to a roll call" vote ~n the motion: / Councilme~ber Wooltey ~- Aye Councilman Wright - Nay Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye take Motion carried 4-1, with Councilman Wright voting against the motion. - 48 - MINUTES' - REGULAR CITy COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deL0ng moved to revert back to the regular order.of business, seconded by Councilmember Woolley. Motion carried 5-0. MINUTES City Councit~?~Meeti~q Minutes of November 3, 1982 In the second paragraph, last sentence, on page 7, Vice Mayor Warnke called attention to to the following: "City M~anaqerCheneyanswered, "That's his problem." Vice-MayOr Warnke advised that he said that, not City Manager Cheney. Councilman deLong moved the adoption of the minutes as corrected. The motio~ was seconded by Vice Mayor War~ke and carried 5-0. PUBLIC A~DIENCE Mayor Trauger said if anyone in the audience w~.shed to speak on any item on the Agenda,~ they should give their names to the City Clerk. If anyone wished tonsPeak on any i~em that is notion the Agenda, they may now~comel, forward.- Reverend Douglas Davis, '301 N. E. 13th Avenue, Boynton Beach, Florida, representing the American Legion Po'st No. 288, was quite sure the Council knew and quite a few of the citizens were aware of the fact that the City Council of Boynton Beach has been giving them'the run,around for quite some time. Reverend Davis told the Council~.~,Now...this thing has gone quite far enoughl Ladies and Gentlemen, let us stop plsy!ng around the bush and tell me tonight whether you are going to lease us the land or whether you are going to swap land or what are we going to do[" Reverend Davis informed the Council that they~ were getting to the place where they need this land very badly~because it has come to the point where they have to mee~ now at the churches and homes ~ue"~to the fact that they'cannot come down here to 2nd Avenue~because something is going-~on there every night, and they are haVing a lot of things going Oh"at the Recreation Center. Reverend Davis asked, "Where are we going to~ meet? Everytime you need the flags carried, you call Leroy Parker Post 288, and we go with our flags and our-unzforms to your command. Why can't you all sit down and'let's negotiate. Let's do some- thing about something. Please[" Mayor Trauger thoroughly agreed With~Reverend Davis. He said the City has sat and "horsed with th~s idea, played cat and mouse with all kinds of ideas for the past year"kthat~he knew of. Reverend Davis advised, "Ten." Mayor Trauger added, "and for ~eeyears when I was on the Council before that.'! He did not know right now whether they were any closer to a decision or not. - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 If they were not, Mayor Trauger thought they should hang their head's in shame. On the other hand, Mayor Trauger said they listen to Reverend Davis, but there is a group of legal procedures and of the PrOPosition of the land~i I.t~ soUnds like an excuse, but Mayor Trauger assuredJReverend Davis that it is not. He said the City~ investigated this, trying to do for Reverend Davis' best interest, but the '~ills of the gods moved exceedingly slow," and Mayor Trauger thought, they must have "stalled out" on this one. He referred the questi0n'-to the A~Sis%ant City Attorney Wolf and City Manager Cheney. About six months, ago, Councilman deLong said, the American Legion Post ~was told "in three months, or ninety days' time." He emphasized that Was about six months ago. Mayor.Trauger agreed, saying that expired on the 4th of July. discussed that a~ give the City th~ agreement, which said the annexat~ fer some-land to City Manager Cheney thought it was the intention of the Council to swap land with the~Amemican~Legion Post No. 288 (the land they own With another Piece o'f land). City Manager Cheney thought Reverend Davis understood the piece of land which they talked about (and they talked about a lo% of pieces of land) and the piece of land that the City hopes to swap with him will not have ultimately a legal problem. It does have, at the moment, some'land transfer and an appraiSal problem. City Manager Cheney informed everyone that.an appraisal has been pre- pared relative to the various pieces of land that they are swapping with a developer[ City Manager Cheney said the City has received an appraisal on that piece of land; the City has )praisal with the developer; he is obligated to it land because it is tied in with an annexation has already taken place. City Manager Cheney .on agreement obligated the developer to trans- the City. As he said, City the appraisal.~ agreement would ~ity Manager Che month but'said ti on'the developer obligated to tra] agreement says ti City Manager Che] month agreement Manager Cheney informed everyone the City has {e said he would like to tel1 them that the )e reached within a week, two weeks, or a month. ley did not see.that it wi~ll not be more than a ~ere is a significant amount of money involved s part. At the same time, the developer is sfer the land to the City because the annexation iai. ~ey continued by saying that-the original three ~hat they were talking about was that it took three months for the annexation process to go through, and the annexation process did go ~through. The developer ~immediately went out and got an appraise~ for this piece of land, so-~h~did ~t d~ay~. -,~C~y Manager~.Cheney said~%hat.to~k~a ~month or so to get.the., appraiser'~s report. He said the City has reviewed it. - 50- MINUTES -- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 City Manager Cheney understood how Reverend Davis felt. He thought Reverend Davis felt that the City has been pushing him around. City Mana~ger Cheney assured Reverend Davis that the City has been trying to find answers. He wished the answer could have come faster. City Manager Cheney thought when they get done, it will be a very good answer, and there will be no legal problems and nq worries about some of the other'areas they had to worry about. City Manager Cheney advised it will be'a good answer, and he thought the location would be good. City Manager Cheney asked that Reverend Davis just bear with the City maybe for another three or four weeks and said he hoped he could maybe get him a Christmas present. City Manager Cheney emphasized that he could not say specifically 'iX'! days' but he could tell Reverend Davis, in answer to the Mayor's question, that they are making progress. Councilman deLong thought it would be 'good policy to ~orward some of this information to the members of the Council, particUlarly in the instance of Councilman.Wright,~ao~if he had this information~ ~6ul~ relay it to these people. It would keep them posted on whether the City is p~ogressing or not. Council- man deLong thought it would be a good policy to have the Council get that input so if the Council is questioned, they will have something to say. Councilman deLong pointed out that people ask them something; they shrug their shoulders; they do not know, and Councilman deLong did not think they looked very smart. Councilman Wright did not speak to Reverend Davis but said he did speak to one of their members on Veterans' Day. Councilman deLOng aSked Councilman Wright if he had this information. Councilman Wright answered th'at he spoke w~%h the attorney several Weeks ago, and he~.told him some.things were somewhat finalized. Councilman deLong did not know why they all should not have the information because he get.s asked~ about it also. He said there should not be anything secretive about this !~stuff." It is all a matter of public record. ' Councilman deLong was not concerned about .~ho considered the lands, t~--setl' it, whatever. He wanted to have. some knowledge as to what the progress is on these things. Reverend Davis asked if he understood correctly. He questioned whether they said the American Legion was going into the swapping. The last time he was here, Reverend Davis recalled they were talking swapping or a lease, but nothing materialized on the swapping so they started ~alking about the lease. The reason Reverend Davis was very interested in this ~as because they have not heard anything from the City Council and they are at the stage now where they are going to'put their property, up for sale. That was why Reverend-Davis wanted to know what is going on so that he can remove these '!for~. sate,, Signs from their property. - 51 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Mayor Trauger asked, "Are we not going to swap, as I understand it, or trade?" City Manager Cheney thought it was the intention of the City Council, if a swap is.possible and legal, and they could do it. That was Mayor Trauger's understanding. At one time,~ on a different piece of land, City Manager Cheney informed the Council, the City was going to lease, but that was over on the other side of 1-95. Even that had Problems. Now, City,Manager Cheney continued, they were not-talking about that. He said it m-ay.be a swap and a long term lease arrangement to pay off a different value, and City Manager' Cheney ~a~d- they.~wo'uld~get to that. He thought they were going to swap. Reverend Davis requested that the City please keep him informed of this so that he can relate to' the' -~ American Legion Post what is going on, because the Post said that they were going to sell their property if nothing 'materialized within the rest of this year. City Manager Cheney advised Reverend DaViS that the Post had a problem in selling their property'fora permitted use. About all they can put on there is a duplex or a single, City Manager Cheney added. He asked for confirmation from Carmen Annunziato, City Planner. Mr. AnnUhziato thought City Manager Cheney would find it is a duplex. City Manager Cheney told Reverend Davis the most they could get on the property was a duplex, so they did not want to sell it because they would not get much for it. Reverend Davis stated the American'Legion Post would either get its price or would n~t sell it at atl~ Counci!man.'~deLong-.said if the City gets it/ they can dress it up as a little park to coincide with that "stuff" to the we'st. Reverend Davis commented that it would~be a beautiful park. Councilman Wright asked.Reverend Davis if he was saying he wanted the Council' to communicate with him directly about this and not any other members of American Legion Post No. 288. What Reverend Davis was saying was that he does not ~get the input of what is being handed down to somebody else. If it was not too much of a problem, Reverend Davis requested that they~get it to him. He said he was just like .Councilman deLong. People are on Councilman deLong, and on him to see Just wha~t has happened to their land swap with the City, and Reverend Davis could not give any answer.s because he did not know anything - no more than what was left the last time he was here at the-City Council. Lottie Pierce, 203 N. E. llth Avenue, Boynton Beach, came before the Council. About a month ago or six weeks ago, the Personnel office called her and asked her to send some people down, as they' had some job openings ~hat were coming out in the new budget. Mrs.~ Pierce brought some down and also sent some down, but she has .not heard anything from them. She wondered if the Council knew anything about the new jobs that were supposed to come out in the 1982-1983 budget. 52 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Mayor Trauger was under the impression'the only jobs were in the Fire Department and the Police Department. City. Manager Cheney informed-them that they authorized a number of new positions, most of them not be¢omi~ng~ effec, tive-~untii the last six or seven months of~.the year~. Mrs. Pierce asked. , "Of '83~'~ City Manager Cheney replied, "Of this fiscal year, which ~would be in March or April. We are still trying to calculate just when those dollars are going to be available in'relationship .to the final budget adoption~ but it is going to be in March or.'April before we can put those positions on except for the Fire Department, of which' we are going to add' six positions. Of course,~ any turnover in jobs, we continue to fill - any of the existing~positions with existing allocatmons from previous years. The'turnover we continue to fill. We don't have a great amount of turnover. ©bViously~ 'with the times the way that'they, are, not many people are leaving their jobs. We have a fantastically long list of applicants. We have applicants coming in, sometimes 8 or 9 a day, I guess, and 15 or 20 a week. There are an awful lot of names of people who apply, and we are using those , and we are going through them." Councilman Wright asked if they shouldn't be hiring a few patrol- men in January. City Manager Cheney replied that the City usually always has a vacancy on the Police Department, so the City ms almost always hiring on the Police Department. He said they give weekly walk-in exams, he believed, for Police every Thursday oK every other Thursday. Mrs. Pierce asked[about someone who~ took the test. She was referred to' the Personnel Department. Mrs.~pierce explained she was trying to help the people where she lives, as the people need jobs. Councilman-Wright thought City Manager Cheney would be able to get Bill Sullivan, Director of Personnel, to give her an update on the people she referred to the City. He thought that was the least they could do. If~the City is going to ask Mrs. Pierce to refer people for employment, Councilman Wright thoUght they should at least be able to let her know what happened with them. Cfty Manager Cheney said they probably could but advised 'that he did~.~nOt want that' to become a principle. City Manager Cheney added that the City sends out no%ices to many people and many organizations and ask them to send people to the City-. Mayor Tra.uger did not see how .the City could do this physically, if they were on the list waiting for a job. He did not see how this could be done. Councilman Wright repeated that he would like to see Bill Sullivan, Director of Personnel, give Mrs. Pierce an update if it was at all possible. Water, SeWer, Garbage and Utilities - Lottie Pierce Mrs. Lottie Pierce, 203 N. E. llth Avenue, Boynton Beach, was here when'.~Oun~itman~deLong said he did not agree with 50~, and the Council voted on 35~. She was paying $5~00 for a unit for two units. When her bill came this month, it was $24.62.. She asked - 53 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 if that was 10~, 50~, or 100~. City Manager Cheney explained that they indicated that-the £irst recommendation for a total increase in revenue the City needed from utilities was 54~. The Council concluded~ that was too high. They then came_back with a proposal for about 34~ for total revenue. 'They-made it clear at the time, that did not mean everybody's individual bill was going~up 3ust 34~. City Manager Cheney said some people's individual bills went up more and some went up less. The area for the biggest variance on what they-went up was the sewer part of the utility bill, City Manager Cheney continued. He said many people for years were paying the minimal $5.00 a month for sewer regardless of'.the amount, of sewer that they produced because $5.00 was the minimum amount and there Was no charge for flow~ Those people who were paying $5.00, who had a fairly heavy flow, compared to others in some parts of the community who might have been paying $8.00 or $9.00 based on the number of fixtures and had a flow that never went above the minimum of about 3,000, were relative'to flow overpaying. What happened now is a change in the billing system. City Manager Cheney 'informed Mrs. 'Pierce the City is now charging for the ~ewage produced up to 7,000 gallons. There are some people who may have gotten only $1 or$2 increase in their sewer bill and there are some others (probably. in the northern end of the city or in a community where they have a one bedroom, one bath house)that were paying $5.00 but they might have a large family~ producing a lot of sewage, City Manager Cheney stated that those families will end up paying much more of an increase in sewage than other folks who have only one or two people in.the house., producing no sewage, and maybe even less than the minimum. City Manager Cheney further said the City went from a $5.00 minimum to a $7.00 minimum plus 80¢ a 1,000 gallons for anything up to 7,000 gallons. In any change, he said you end up with some people paying more than the average and some people paying less than the average. City Manager Cheney had not heard many conversa- tions these last few weeks of those paying less than the average. Mayor Trauger asked if they could have Perry Cessna, Director of Utilities, take Mrs. Pierce's bill, analyze-it, and give her a reply. Child Care Center - Lottie Pierce Mrs. Lottie Pie~-ce~.'.203..N~.~ E. llth~Avenue, BoYnton Beach, informed the Council they are having some problems at the Child Care~.Center. The police came yesterday and gave one of the workers there a ticket and'said they were not supposed to park in front of the Day Care Center. Mrs. Pierce advised they have been parking in front of the Day Care Center for 25 years and no one had said anything about it. The Police Officer gave a ticket and said the person owes $15.00. She told the Council if you say, "No parking," you have a sign there that says, "No parking at any tim~." - 54 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 1'6, 1982 Mrs. Pierce said there were no signs. Councilman deLong called attention to 3rd Street, where there is a lot of commercial, you have big trucks parked there, and it is hard to get through there. What they are doing is they are going to have "No Parking" all the way through and all the way up to 9th Avenue up to where the Day Care Center is. Both Councilman deLong and Councilman Wright park there. Councilman deLong thought they were issuing tickets before they posted them. To be right on this, Councilman deLong thought City Manager Cheney should call the Court and'tell them. not'to invalidate that particular summons'because it is not-justifiable to hit these people with tickets for parking when it has not been posted. What Councilman deLong said the Police Department is trying to do is to see if they can'not get some parking"in that-a~ea.on ~th~enue on City property', tn the meantime, he did not think this fellow should be-'~'~bagged" for $15.00. Councilman Wright added that the man was unemployed and volunteered his services. In the future, if the CoUncil knows of a violation like that, or if it is a violation, the least 'they should do is go to the Personnel Directo~-in the Center because many parents Who drop their children off park ~here. If the Police Department has their way, Councilman deLong~said there will be amPle .parking off street. What Councilman deLong was concerned about now-was issuing'a citation when it had not been posted. ~He thought that should be rectified. In this instance, where this one ticket is involved, Councilman deLong moved that City Manager Cheney'be instructed to contact the Court or have the Police Department do it. 'City Manager Cheney hoped the Council did not pass motions that tell you what to do. He said tickets are not given for standard "No Parking" signs. These tickets are given because, in the'jUdgment of the Police Department the entire street was over congested. From the point of view of the tickets that were given, City Manager Cheney Said for that particular PUrpose, ~he~e dl'd not have to be signs posted. He said there has been a congestion problem the entire length of that street, and the City has had complaints at the commercial end as well as up at that end. The whole street is narrow, and City Manager Cheney advised the city cannot be in-. the position of giving out tickets at one end and'not the other. City Manager Cheney said he would provide the Council with a report from the Police Department relative' to the warnings that have been given out on various parts of that street. The tickets that were given were based on a narrow, congested street kind of situation. Any time a street is congested to cause a danger to moving traffic, signs or no signs, City Manager Cheney informed everyone that the Police can give tickets.and should give tickets if people will not move. - 55 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deLong stated 'that the problem is not created by the employees because there i.s enough off street parking for the employees. He goes by'there every day, a.nd he'knows what is going on. councilman deLong said'it ~was up at the other end. The people that park there are the mothers, eom~ng to pick UP their youngsters,~'or if Councilman Wright, Councilman deLong visits, or someone else visits. They park in'the street, but' the employees cars are off the street.~ CounCilman deLong said there is a park- ing area to the north and a parking area to the south. Assistant City Attorney Wolf advised that if.the tickets that ~were given cited to a-~State Statute~ he thought it would be out of the City's.Co~/~e~t's control at this point if it was under the Uniform Traffic Code. Attorney Wolf did not know Whether those particular tickets cited to the State Statute or a particular Ordinance. If it was a State StatUte,-it ~is out of the City's control, Attorney Wolf advised. It was something that would have to be brought up for'the Court and the Judge to decide. Councilman Wright commented that there is a way around everything. He felt if they were going to ticket the people visiting the Center, they should~ notify the Director of that. Center in advance to'warn people not to park in front of-that f~cility. Councilman Wright did not support that any kind of way. Councitman'deLong reiterated that they were tying to find sufficient parking~$pace, which was what ~they should have done at first - get the parking space, and educate the people. Mayor Trauger admitted they may have had a problem of notification of the peoptebu%~the invalidation of the ticket~ he accepted the ~legal counsel's advice that if i~'is a State Statute, this Council has ~ au%ho~ity.~for any part of recommendation to 'the invalidation. Mayor Trauger requested that City Manager Cheney look into it. If there is to be no parking, he believed "No parking" signs should be posted. City Manager Cheney did not want them to think the only time they were going~to give no parking tickets in the.City is if there is a "No Parking" sign, because that just cannot_~be. Mayor Trauger Understood 'that. Councilman deLong said everyone knew that violations were for the way you park your. car. Here, he pointed out, they ~re-taking a place where they were able to park 'continuousI~ f-or years and now all' of a'sudden, they are given a ticket for parking. Councilman Wright thought it was really un- fair. Ai'I Mayor Trauger could say they could do was to ask City Manager Cheney to take another~ reexamination.>~, i~f there is to be no park- ing there, then the City should put up the signs, three days' - 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 warning'; and then they would ticket~ them. Councilman Wright remarked that would be the way to do it. Councilman deLong advised City Manager Cheney that the City provide ample parking spaces up there, as the City has it in the City yard. ~ Mayor Trauger 'noted there was still the proposition of congestion that the Police give tickets to' areas~ He still,thought if they were going to eliminate parking, the City~ should put signs up with adequate notification. Councilman Wright thought that was a concern. Mayor Trauger wished the Council to request City Manager Cheney to see what happened in this-case and bring, the Council a report at the~l'next Council~meeting on what they could do about it. City Manager Cheney said they would have the report before then. Councilmember Woolley so moved. Councilman deLong wanted to see city Manager Cheney be further instructed~if the man did not violate any State Statute, and that City Manager 'Cheney'~intercede on the man's behalf with the Court. Water Bill Eupher Lee Waters, 1520 N. W. 2nd Court, Boynton Beach, spoke regarding her water bill,. The month before last, she had an $80 water .bill. ~ty Hall told her they sent somebody out, and She did not have any leakage, or anything. Ms. Waters knew it had to be something because no one does anything but cook and take a bath'. She even goes to the wash house. The City sent someone back out and she s~ill had some leakage, Ms. Waters came down'to City Hall. They told'her the computer/broke down 'on eight books, and 'she is in the second book. She has a $100 water bill right now. Ms. Waters has lived in Boynton for 20 some, years. When she bought the property her bill was $11. She wanted to know what the problem was. City Ma~ager.Cheney had no knowledge of this but said he would look into it~ Mayor Trauger 'advised Ms. Waters they would look it up.for her and give her a 'letter of exactly what happened. He told her if she was, no~ satisfied,,-to please come back,. Ms. Waters stated she was not using the water. If she was, it Would be OK. Ms. Waters wanted the'Council to look into some of theseS'things. City Manager Cheney pointed out that if her total bill was $80, it was-sewer and water. Ms. Waters informed the Council everyone got a correction on their~ bill but she did not. Mayor Trauger assured Ms. Waters the City would get her a total' explanation of this. Edward J. Kloster, Chairman, Boynton 'Beach Housinq Authority, who lives at 1135 S. W. 25th Avenue, Boynton Beach, said the Housing Authority was established in Boynton Beach by the City Council in 1977. They typically have five Commissioners on the Board at all times. Their activity since.the Authority was established has largely been to work with the City and provide - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORID~ NOVEMBER 16, 1982 advice as ~to how to clean up areas, work on rehabilitation, and work_ with other City Boards to identify houses that maybe should be inspected and condemned, if need be.. Councilman deLong asked if this pertained to what Councilman Wright had on the Agenda. He did not--~want to get involved with something they were going out of the order-of'~business on. If Chairman Kloster wanted to talk about Councilman Wright's item, Councilman deLong advised the time to talk about it would be when the Council ~comes to it because they.were running out of the order of business. He said-they should continue with the Agenda, and Mr. Kloster would be called at the time Counc'ilman Wright comes in with his housing setup. CONSENT~AGENDA: Matters in this Section. °f'~the Agenda are pro- posed bY the City Manager for "Consent Agenda" Approval, with all of the accompanying material to become a part of the Public Record A. Request Approval to Dispose of Records - Data Processing .6No. 35, ~isposal of Records) B. Omitted from ConSent Agenda. (Bids) C. Approval of Bills -List of Payments- Month of October, 19'82 Council, man deLong moved that the Consent ~ge~da proposed by the City'Manager be approved, which would be items'~A, C, and D, and tQ ~mi__....~ iqem'B (with an explanation for the omission by City Manager Cheney when.~the Council gets under ~'Discussion"). The motion was seconded by Vice Mayo~ Warnke. Vice Mayor Warnke expressed the appreciation'of the .Council to City Manager Cheney for putting in the detailed bill from Russell & AXon. B~ Bids - Fluid Applied Roofinq for City Hall - Buildinq In the budget, City Manager Cheney told the Council there is a total of $60,000 that was put in-the budget for two years (two different budgets a Couple of years ago - $42,000 one year and $18,000 the next year)f~r what they hoped would'solve roofing and other kinds of related Problems in the City Hall and the library. City Manager Cheney-informed the Council that a part of what they got,into in the roofing is a new kind of poured on fluid roofing. He added that he calls it a 'plastic p~uring".~ but.it is not~ really plastic. It's a liquid "stuff" that is solidified. When they went to do that on top of the City Hall's ro6f, City Manager Cheney said they realized they had the old air-conditioning system, and they wanted to get rid of that. - 58- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 City Manager Cheney also .told the Council they want to change some lights around, get new air-conditioning downstairs in City Hall, and they just about finished both issues. The problem they have is, it's about $12,000, City Manager Cheney informed the CoUncil. When you take what' they have-committed to 'the new air-conditioning system, the~ new lighting, the new ceiling, etc., getting it all -redone, get'ting %he old air-.conditioning out (of which most of that was done in.'house because we took the old tank off of the roof by ourselves and took out the old air conditioning business in the closet by .ourselves instead of having to'pay a contractor to do it), City Manager Cheney advised the Council that all of that Work for electricity, Ceiling,.and air-conditioning was previously approved for about $38,000. He continued by saying the two roofing projects for the City Hall and t'he library are $35,000, which is in the bid before the Council. City Manager Cheney informed the Council that it is much cheaper than the old kind of roofing system would'have been if they had gone the old way, but it is still $35,000. He said City Hall's cost was $14,000, and the library is $20,000. The two together are about $35~.000. As City Manager Cheney said, that is $12,000. City Manager Cheney thought the City should do both. He pointed out that we have leaks in the roof at City Hall continually that we know about. City Manager Cheney said we are having leaks in the.library periodically. To de~a~ that~s juS~.gO.ing-~o~cause problems. ~kdmittedly, City Manager Chen~y concurred that we have the question of the expansion ~of the librar~ some day. He said ~%hat it is built, for it -to go upstairs. City Manager Cheney also stated that they could put that off, but they do not know when they are going to extend the library and, in the mean- time, the City will have the leaky roof problem. Maybe that is $20,000, but City Manager Cheney. really thought the Council ought to address it. City Manager Cheney asked Bud Howell, Building. Of.ficial, what his f~e!ings~ere-about'-the library roof and the seriousness of the problems over there. Mr. Howell did not know how quick they were talking about but said if they were talking about a four or ~five year period, he was sure they were going to spend a lot of money in repairs on that roof. Mr. Howell did not know why, but he thought'the installation of that roof originally was improper. He said some'bubbling was happening on' that roof, and. it continues to happen. The laSt time they had that rePaired~ Mr. Howell said they cut that out and redid it, and he thought it was in the neighborhood of $800. He told the Council it continues to happen, and it was hard to tell'them how much they could run into. Mr. Howell was sure they would probably run Up~inqO~the-thousands "p~etty good" in a five year period of time. - 59 - MINUTES - ~EGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 All Mayor Trauger knew was when a roof leaks,, you better fix it quick. Councilman deLong asked how bad the water plant_was. City Manager Cheney asked if he meant the~old water plant. Councilman deLong noted that it said $I,849. City Manager Cheney explained that was a misunderstanding on the part of the bidder, and the City is not doing that. They made mention Of it on the bid sheet, ~but City Manager Cheney repeated that it was a misunderstanding. Bud Howell, Building Official, added that every time you get a leak on a roof like that, you take a chance on ruining the the installation underneath that roof, which' could be an additional expense. Councilman Wri'ght stated he would advise anybody with a leaky roof that they better.take care of it. City Manager Cheney point'ed-out that they.;.have a potential o.f books and that kind of thing in the library. Mayor Trauger recommended that the City go ahead and try and get this done. Otherwise, they are just. delayihg a cost in roofing. The only thing that can happen to it, Mayor Trauger advised, is patching and patching, and then they would have to do the whole thing. city Manager Cheney thought the Council should do it but wanted them to understand the issue and the problems. Vice'Mayor Warnke commented that there was hardly any alternative. Councilman deLong.wished to havehis motion on,~ghe~,~iConsent~Agenda include items A, B, C, and D. On B,~ CoUncilman deLong said it would be that. the~-C~uncil..accept..~the~unanimo~s~rec.ommendation of the Tabulation.Committee and award the bid to ACI-Century, Inc., 6561N. W. 14th Street, Plantation, Florida ($14,4.98.00 City Hall and $20,00~ Libra-fy)~, ~and ~hat City Manager Chene~-be instructed to proceed in~f~he manner which he thinks is most suit- able. Vice Mayor Warnke agreed to the motion. A vote was taken on the motion, and the motion carried 5-0. DEVELOPMENT PLANS Modified Site Development-Plans to construct d.ecorative walls and pillars at Lake Terrace and State Road 804, submitted by James G. Torbit for.the Palm Beach. Leisureville Community Association Carmen. Annunziato, City Planner, informed the Council that these next few items are relatively minor in nature~and he wanted to review, for Council, the thrust of the request and the action of the Planning and Zoning Board. Mr. Annunziato told the Council the app~.±ca~ion before them was..~ a request from Palm Beach~ Leisureville Community ASsociation to construct walls and pillars at the entrance Of Lake Terrace and - 60 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 State Road 804. He con~ihued by saying it was reviewed by the Technical Review Board and went before the Planning and Zoning Board with a positive recommendation from the~ staff and no comments. The Planning and Zoning Board unanimously recommended to Council that the modified site" plans be approved. Mr. Annunzzato added that it was. reviewed by the Community Appearance Board also and comes with a positive recommendation. Councilman deLong moved to accept the unanimous recommendations, seconded by Councilmember Woolley. As Mayor Trauger had left the room, Vice' Mayor Warnke rep~aqed~themOtion-'- No,discussion. The motion carried 4-0. Modified Site Development Plans for the Burger King Restaurant located at 1901 S. Federal Highway, providing for the construction ~of a playqround in front of the existing restaurant Carmen Annunziato, City Planner, informad the Council that what the applicant is desiring-to do is to remove two parking spaces and gain those parking spaces back by restriping consistent with the current COde and, in place of the two removed parking spaces, to construct a playground which will be walled in and will serve only the customers of Burger King. This was reviewed by the staff and went to the Planning and Zoning Board with a positive recommendation and no comments. Mr. Annunziato said it comes to the City Council with a positive recommendation from'lthe Planning and Zoning Board as submitted. Councilman deLong moved'to approve the majority Members' of the Planning and Zoning .Board's recommendation, seconded by Council- member Woolley. ¥ice~Mayor War.nke-~repeated the motion. Mr. Annunziato'.explained that the[-'appm~val, of the Planning and Zoning Board was not Unanimous. He stated that some of the comments w~re somewhat humorous, as theme Was.some wonder why someone would want to play in the playground at a fast food restaurant. Councilmember Woolley remarked that it was a great place for kids. Apparently, this is a thing that is coming, Mr. Annunziato added. Councilman deLong thought they should do something about regu- lating the traffic. He stated that it is bad. Councilman deLong'~s office ms right across the Street,~ and he watches it every day. Councilman deLong pointed out that'~it is supposed to be one way, going in, and you can see them trying to come out one way. The guilty people are the patrons from. Burger King, not the people from the bank. because you can only go in one way to'the bank, and then you have to go a~ound and come out, Council- man deLong continued. Vice Mayor Warnke asked if they have signs there. Councilman deLong did not think they did. He did not think t~ey had the appropriate signs. They had a couple of near misses there. Ramon Cue, Construction Manager, Burger King Corporation, said MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 if the Council would reCall, this Burger King probably has the greatest history of all the Burger Kings that were built in the State of Florida. He said they were here about five times, and it took them about seven months to get this thing approved. Mr. Cue reminded the Council that they finally compromised on the driveway situation and, mostly, the recommendations were made by the City staff. Mrs.~ Cue Said~if~-.the Council would recall, they had the site plan done about four times. Their original site plan included a separate driveway from the bank, and Mr. Cue said they had a pro- fessional traffic engineer give his recommendations. T~he thing Councilman deLong was concerned about was ori~inalty~ when they opened up, it was posted one way. M~2 Cue agreed, say- ing, "Yes." Councilman deLong asked, "Now who~changed that?" As far as the layout goes and the way the driveway was built, Mr. Cue~advised that it. is the same way that it shows on the plans. Councilman deLong had no objections to it be'ing one way but' the objections he was voicing was when people try to go in, and they know that it is one way, and the people that were going to the bank could go in that Way, and they could also go into Burger King that way. The thing is., Councilman- deLong'~pointed out, people come out from Burger King, and people are trying to get into the bank, so you have head~On~.cottisions. He had a near miss the other day. Assuring the Council that this does not reflectthe playground alp~lication, Mr, Cue ~wanted to separate both items. Councilman deLong advised Mr. Cue that they were not talking about the application; the application has been approved. By the way, Mr. Cue informed the Council, that store is not doing very well businesswise. He stated that it was really hard to say that the whole problem relies on the way the traffic is running through there. Councilman deLong ~ecalled there were a lot of problems originally, and he thought that he was one of the objectors. He also believed the Chairman of the Planning and Zoning Board objected also to that layout. The thing Councilman deLong was concerned about under discussion (when City Manager Cheney was not here), and he raised the question now. He informed City Manager Cheney it was one way traffic going into the bank, and the people in the bank go ~around the bank and come out on the south side. Wha~t ls happening now is the people going into Burger King are using the same entrance (which is correct) as they are going into B~rger King, but they are also coming out, Councilman deLong informed City.Manager Cheney. Then, he added, the people trying to get into the bank and the~'~people leaving Burger King meet head-on. Mayor Trauger ~remarked he had a close one himself. City Manager Cheney was not aware of that and said the~'City would look into it. All Councilman deLong was concerned with was, "Who took that sign away?" Mr. Cue asked, 'You say that sign was removed?" Councilman deLong replied, "I don't see it any more." Mayor Trauger did not see it either, and he looked for it. Mr. Cue said he would make it a point to find - 62 - MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA MEETING NOVEMBER 16, 1982 he would make it a point to find out. Councilman deLong advised that the City Manager would make it a point to find out. As a matter of fact, Mr. Cue recalled that they had some controversy there at the end where they had to extend the left hand turn bay. He was sure that the Corporation would have no problems if a sign is needed, to place one there. With respect to-the ~'Ex~-t~ On!y'' sign, which is on S. E. 18th, Mr. Annunziato informed the CounCil that. it is difficult to see as you go west on 18th. He thought you only see it when you have made the illegai .left t~rn. Mr. Annunziato advised that the sign should be reorientated so that it is visible from 18th. Right now, it is parallel to ~8th-, and Mr. AnnunZiato reiterated that you cannot see it until you have already made the illegal entrance. As a matter of fact, Mr. Cue recollected .that Nancy Suau, ' their Site Engineer in ~harge of this project~ mentioned it to him before coming to the~meeting. Mr~ Cue said he toId Ms. Suau %0 make that part-of the construction work that is going to take place there when they d~ the playground, so they will be relocating that sign for better visibility as required. Councilman deLong stated that they would ~ave to do some posting, because he thought the playground was going to be a little bit to the north of that. Mr. Cue informed him that the playground is going to be right in front of the building. Councilman deLong advised it would have to be posted properly. Gouneilmemberi~.Woolley assured Mayor Trauger~ that City Manager Cheney was going to check into it. Mayor Tra~ger~,took a.~otei~on--Councilman deLong's motion, and the motion carried 5-0. Preliminary Plat of Quail Lake West, submitted by Jay G. Foy, Engineer' for Great ~Univer. sal - Florida, Inc. providing for 'construction o'f infrastructure delivery systems to serve the proposed 315 units, located in the S. W. corner of S. W. 15%h Avenue and Conqress Avenue ~ '- Mr. Annunziato, Ci~y~Planner, %old the Council that the preliminary plat proposed is consistent with the m~ster plan and provides for the construction of sewer, water, paving and drainage infrastructure facilities to serve'the-proposed 315 units.. He said the Council may recall that this application is located on the west side of Congress, between Woolbright Road extended and Golf Road on the west side of the lak~. Mr.~,A. nnunziato stated that if there were any questions, he could go into a much greater response. The Planning and Zoning Board unanimously recommended that this pre'liminary plat be approved, subject to a memorandum which was prepared by William Flushing., Deputy 'City Engineer, to the City P~anner dated October 26, 1982 (copy attached as page 64). _ 63_ ' MINUTES - REGULAR CITY ,_. COUNCIL MEETING ' BOYNTON BEACH, FLORIDA' NOVEMBER 1~, 1982 M E M 0 R A 'N D U"M October 26, 1982 TO; FROM: Re: Mr. Carmen Annunziatot City planner Bill Flushing, Deputy City E~ineer TRB approval of preliminary plat and plans for Quail Lake West The TRB met at 9;30 A.M. on O¢:t0b~ 26, 1982 and approve~ the subject plans with the fo] 1. The plat boundary on t! redrawn and described. of Woolbright Plaza sh~ way line of the.LWDD C~ .lowing provisos: ~e north side shall be The north line, east ill ~ the south right-of ~nal L-26. 2. The area presently ind$cated as "not included" shall .be given a track number (Track 13) and dedicated to the public for recreational puposes. 3. The Official Record Book and page number for the Woolbright Road right-~ shown with wording ind~ way is not part of the 4. The titl~ shall includ~ 5. A date is required in Included with this memo are t plat and th~ development planl WVF:mb Attach. )f-way dedication shall be [caring that this right-ofz plat. "and tracks one and two." he title area. ]e TRB signed approval copy of the ' ' Bilt~ Flushing/ C'C: Mr. Donald D. Daniels Building 14-4 1547 N. Florida Mango Road West Palm Beach, Fl. 334t)9 64 _ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deLong moved to accept the recommendations of the Planning and Zoning Board and approve the proposed preliminary plat subject to the memorandum from William Flushing, Deputy City Engineer, to the City Planner, dated October 26, 1982. Vice Mayor Warnke seconded the motion. No discussion. Motion carried 5-0. Excavation and. Fill Permit Request submitted ~y Edward J. DeBartolo and Associates for the Boynton Beach Reqional Mall Councilman deLong moved to approve the request, seconded by Councilman Wright. For the record, City. Manager Cheney indicated that the bond which he made reference to in his memorandum has been received. Assistant City Attorney Wolf staged, for the record, that he reviewed the bond; it is in order, and there is no problem with it. In other words, Councilman deLong said the motion is, "If everything is in order." -Councilman Wright agreed with the motion. A vote was taken on the motion, and the motion carried 5-0. RESOLUTIONS Proposed Resolution No, 82-NNNN Re: Accepting and Release of Bond - The Glens West at Hunters Assistant City Attorney Wolf read proposed Resolu by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IMPROVK~ENTS INCLUDING CITY UTILITIES AND RELEASING PERFORMANCE BOND FOR~ THE GI.~NS WEST AT HUNTERS RUN, OF TRACT 'N' SUMMIT PLAT NO. 1 REOORDED IN PLAT BOOK PAGES 199 AND 200 IN THE RECORDS OF PALM BEACH OOUNT FLORIDA." Councilman deLong moved the adoption of proposed 82-NNNN, seconded by Vice Mayor Warnke. No discl Padgett, City Clerk, took a roll call vote on th, being requested to by Mayor Trauger: )rovements un (Tract "N") tion No. 82-NNNN ~CCEPTING ~ REPLAT 42 ON Resolution No. ssion. Mrs. motion after Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-0000 Re: Accepting Improvements and Release of Bond - Westqate at Hunters Run (Tract "C") _ 65_ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Assistant City Attorney Wolf read proposed Resolution No. 82-0000 by title only: "A RESOLUTION OF THE CITY OF- BOYNTON BEACH, FLORIDA, ACCEPTING IMPRESS INCLUDING CITY UTILITIES AND RELEASING THE PERFORMANCE BOND FOR WESTGATE AT HUNTERS RUN, A REPLAT OF HOUSING '~P~ACT 'C' OF S~T PLAT NO~ 2 RECORDED IN PLAT BOOK 42 ON PAGES 22, 23 AND 24 IN~ THE RECORDS OF PALM BEACH COUNTY, Councilman deLong moved the adoption Of proposed 'Resolution No. 82-0000, seconded by Councilmember Woolley. No discussion. At .the request of Mayor Trauger, Mrs. Padgett,' City Clerk, took a roll call vote on the motion: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-PPPP - Expressing Support for Continued FUnding of Community Action Agencies - Requested by Councilman Joe deLonq Assistant City Attorney Wolf read proposed Resolution No. 82-PPpp by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT FOR CONTINUED FUNDING OF ~0~UNITY ACTION AGENCIES." Councilman deLong moved the adoption of proposed Resolution No. 82-PPPP, seconded by Vice Mayor Warnke. No discussion. Mrs. Padgett, City Clerk, took a roll call vote on the motion, as requested by Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayo~ Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Other Consideration of Attorney Fee Schedule for Beach Bond Sale 6¸6 REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Assistant City Attorney Wolf apologized and was sorry that due to a mistake, the fee schedule could not get down here until tonight. He commented that the fee schedule was based upon a study that he did for their law firm, making~certain proposals, and he had gone to other firms that handle bond proceedings and checked with them concerning their fees. As a matter of fact, Attorney Wolf said they went a little bit lower because they were involved in a bid process at that time to do some services. He was asked to do this, and this sChedule was the result of the study Assistant City Attorney Wolf had done about six months ago for~their law firm. Councilman deLong asked how much lower they were. Attorney Wolf said it was somewhat lower. Helthought they went about 10~ less. What is reflected in there, Attorney Wolf explained, and the reasons that ~bond fees are somewhat different are that the ~ liability insurance that z~is required to'handle bond issues and bon'd validations have raised rates, and there is a lot more liability involved. In some cases, Attorney WOlf said it works out better than the hourly rate; and in'other cases,' it works out where a bond validation is not normally handled on an hourly rate. Councilman deLong said t'hey know they have to have the attorney there on the bond deal. This was the 'first occasion where he had ever seen any bidding on it. Wherever Councilman deLong has been associated or been a member of any COuncil of commission, he said their City Attorney generBlly took it. In view of the fact that the rates are lower here in comparison with the others that were submitted, Councilm~n deLong moved to accept the fee schedule, dated today's date, and have our Attorney proceed. The motion was seconded by Vice Mayor Warnke. Councilman Wright was sure it had some validity but wanted to see what some of the other peopie were asking, so they would'know they -were getting a pretty good deal. 'The information Attorney Wolf received was based on privilege. It was not done for public study. Councitmember W0olley asked if the "up to $25,_000" was above and beyond their regular salary. Assistant City Attorney Wolf replied that it was in lieU of handling the bond validation and in lieu of the~egu~.a~ ~hourty~rate-~for litigation. To handle bond litiga- tion, rather than going into an hourly rate, this would hR~e been ~he fee~or handling the bonds. Mayor Trauger asked them to remember that the golf course went through without this fee. Assistant City Attorney Wolf~understood from City Attorney Vance that was a fee they had not arranged, .a~d they did not charge a fee on that one. Councilman d-eLong understood it was the normal procedure and wanted his motion to be acted upon. Councilmember Woolley would have preferred to table it and check around. - 67 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, F. LORIDA NOVEMBER 16, 1982 Councilman Wright thought maybe they could get some additional information. City Manager Cheney pointed out that the general agreement with the City Attorney is that he does routine things at the retainer the City has him on, and the court cases and other kinds of things, he is paid extra for. City Manager Cheney said' City Attorney Vance did not raise that question on the golf course issue, so he "ate it." That one got to be much more complicated than~they~thought it would be, and Cit~ Manager Cheney said 'the City got "a free ride." City Manager Cheney ad~ised that what Assistant City Attorney Wolf was saying was that this is above and beyond what the retainer covers, and Attorney Wolf was saying that for this particuiar bond issue they~were talking about, which is $1,750,000, his fee to handle the validation and live with the certifications that he has to give~ will be $5,000'. Councilmember 'Woolley asked if Assistant City Attorney Wolf was saying that this'was a better deal than if he were to give them an hourly rate. Assistant City Attorney Wolf knew of no law firm that does bond validations a%~..an hourly rate. He never heard of one that had done that. In the last case, kssistant City Attorney Wolf said they would have ended up worse than an hourly rate. The hourly rake would have been more than what would have been on the schedule. Usually, bond validations are related to the value of the bond, City Manager Cheney told the Council. CoUncilman deLong knew, and said he had plenty of them. He thought they should follow the normal procedure and· advised that they just could not alter the~way it is supposed to be handled. Councilman deLong said they also have the bonding authorities in New York, and they have to pay them. He added, "You don't argue with them or have them submit any bids." Councilmember Woolley pointed out that they do not have the oppor- tunity to arg~e,~ but Attorney Wolf is right here. Councilman deLong thought the~C'~.~~ Attorney's firm was 'entitled to some consideration. They handled the last bond issue for "a nickle. ' Councilmember Woolley could not believe they. handled it for nothing. Councilman deLong asked City Manager Cheney if they got a bill on it. Councilmember Woolley quest~0ned, "You mean they handed it free and clear~" Attorney Wolf answered %hat they ate that one because they 'thought it was their mistake. Councilmmember Woolley agreed that it was their mistake. Attorney Wolf agreed it was a mistake not to arrange it prior. When they ~realized that, he said they "ate it.' Councilmember WoOlley was sure no one would agree with her but fe.t~.~if they.'are getting up into these figures and fees that per- haps in the future they needed to look at an in-house attorney who handles it all at a se% rate or whatever they do.. Councilman deLong dfsagreed, saying that is an extra figure. - 68 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH,' FLORIDA NOVEMBER 16, 1982 Councilman-deLong requested a roll call vote on the motion. Mayor TraUger' asked Mrs. Padgett, City Clerk, to take a roll call vote on the motion, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Items by Vice Mayor Warnke At this time, Vi~Ce Mayor Warnke wanted to,put Out the possibility of callingan Executive Meeting of the City Council ~for the purpos~ of discussing personnel problems. Assistant City'Attorney Wolf advised that the Government in the Sunshine Law specifically says that durin~g contract negotiations with the Labor Negotiator, you can. have an executive session. He was not aware of any exceptions to the Government in the Sunshine Law that ailoWs an executive session for personnel problems per se. This was the reason Vice Mayo~ Warnke brought it up. He wanted to find out the legal ramificationS. Assistant City Attorney Wolf thought he was well versed in the law in that area and he did not know of any exceptions. He did not think they were going to find it. Vice May.oS Warnke asked if the ohly exception would be to the labor contract. Attorney Wolf said it was the only statutory exception allowed. City Manager Cheney stated they could have a special meeting. Vice Mayor Warnke pointed out that it would have to be open to the publiC. He said there~was no motion; he had just opened it up for discussion. Councilman deLong asked Vice Mayor Warnke if~qhese were items that he thought were quite urgent. Vice Mayor Warnke thought so. Councilman deL0ng said the Mayor could call the meeting or the majority or. members of the Council could.~ Councilmember Woolley sug~estedlthat Mayor'.~auge~tr¥ t0~handle~.twi~ho~t a~.meeting. Mayor Trauger said he would try to handle it and if he could not handle it, he would call a Special Council Meeting. OLD BUSINESS Consideration of Appointments to Tri-City Cultural Committee (Listed on 11/3/82 Aqenda but no action taken) Mayor Trauger referred the Council to the sheet in the Agenda. In the discussion with'the Mayor of Boca Ra%on and Mayor Young of Delray Beach, ~where they "hatched this idea.~'~t'O try to get the City's portion of a share, and since they voted down'the extra tCsales tax, Mayor Trauger said the problem is not as great in one way but for consideration of the smaller am0Un~ of funds on the b~d - 69 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 tax part that will come to this, perhaps it is. Mayor Trauger told the Council they had th~ listing before them, and with the agreement with the other two Mayors, they thought they would have a committee with Boynton, Deiray, and Boca of three Members with an Alternate servin~ in case of an absence of one or the o~her~Members to get together on this program. From the list, Mayor Trauger asked that they select three Members and one Alternate. He told Councilman Wright there would be a Committee of nine (four Members from each City - three to the Board, and one as'an Alternate). MaY0~>'Trauger said the Couhcil could vote 1, 2, 3, 4 on down the line, or they could give their preferences in order of 1, 2, 3 and 4, and Mrs. Padgett can record them against the sheet. Whoever gets the highest number of votes considers it, Mayor Tra~ger suggested. Councilman deLong asked if they would be provided with some input. Mayor TraUger informed.the CounCil that the first part of the agreement was to get..z°gether wi~h the. two Committees a~d the-~three C~t&es to see wha~ th.~Y have, then to draw up a guideline rule of which they would p~'oceed[' Right at'the moment, Mayor Trauger said this was totally "pretty much in the dark" to see what can' be done, eXPlore, and then' set up a guideline for the Committee. ~hat wilI come back t~ Councilman deLong sai~ make your appointment: Mayor Trauger request, and Mrs. Padgett woul¢ will be the Council's -man Wright[just wante~ were as follows: each City Counci~~. It sounded good, but you generally set it up first and then d they call off their order of preferences. record them. Whoever gets the top votes selection~ Mayor Trauger advised. COuncil- to say.they all looked good. The votes Councilman Wright: Vice Mayor Warnke: Mayor Trauger: Councilmember Woolley Bernard Thomas Marie Shepard Mildred Walker Dr~ James Buffan Bernard Thomas Dr. James Buffan Eleanor Krusell Mildred Walker Dr. James Buffan Bernard Thomas Eleanor Krusell Marie Shepard Dr. James Buffan Marie Shepard Bernard Thomas Mildred Walker - 70- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Councilman deLong: "I'll go with whatever the majority selects." Councilman Wright moved to postpone the result of the appointments until the next meeting, seconded by Councilman deLong. Motion carried 5-0. Personal comments - Mayor Walter "Marty" Trauqer Mayor Trauger believed that tonight the Council took an action second to none and will probably have one of the greatest impacts upon Boynton'Beach~three or four years down the road that is far greater than ~they could ever visualize/'with the approval of the Mall. Mayor Trauger believed in dollar.i~01ume and~thel,.~economics of Boynton.Beach ,and our area that this Would be a greater impact than they looked at in Motorola' fr~m>the'doIlargeneration., ~the ~ personnel, and the whole area. In looking at that, MayOr Trauger predicted we will have a tremendous area of business in Boynton Beach With this Mall as it~develops, but ~the time schedule (as'everyone heard tonight) was about 18 months. From looking at that schedule of 18 months to an economic impact (as were Councilman W~ight, Councilmember Woolley and Mayor Trauger looking at the downtown developments in Miami as to what can happen) Mayor Trauger was totally in favor of that project in which the City is investing $60,0.00 this year. In talking to the people, from the time element, they say that it runs five to ten years from the "hatching of the idea" to the implementation where-things are practically going, and in a few cities the minimum has been. seven or eight years, Mayor Trauger informed the audience. _ Recognizing that and the adding of the additional businesses and stores to.' our new proposed Mall of DeBartolo, Mayor Trauger wanted to see that added to, but he did not wish to see it distracted 0r subtracted from our current down- town area. This is where he believed the City Council, with our Planning and Zoning Board and with our Community Appearance Board, 'Board of Adjustment, and City R!~nning, have.the brains of the staff section. 'The Chamber of CommerCe ~(whidh hand~and.glove with)has the foresight~ and the part of this experience. What Mayor Trauger was saying is basically, the City must now, somehow, within this next-18 months motivate the owners of the businesses in the downtown area to attempt to do something to put a "band aid" on, to do something in the way of improvement to retain the businesses that are down there, which are serving as:~service industries, convenient shopping for the neighboring condommniums up and down U. S 1, the Intracoastal and across the Intracoastal. ' Most of the businesses Mayor Trauger looked at are rented from an,owner of a facility. As new facilities open up into the Mall and into the other shopping areas west of town, an operator of a store will move to a better location if he can bring business or get more business with him. With the generation of that business - 71 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 out there, Mayor Trauger was afraid the City would leave a semi- island of the people who run the businesses. He said it was up to the owners of the property to do something along this line to improve it. Mayor Trauger said we have many, from Gulfstream to the little Dunkin Donuts, and others..who have improved their property physically and seem to be prospering from it. Mayor Trauger saw no great exuberance on the part of other property owners of either coming to the City, to our Downtown Development Board (Community Redevelopment Agency) or to the Chamber of Commerce,'which he checked, in great enthusiasm to get behind this and keep going in the City of Boynton Beach downtown. "Time is ~ast, and we can treat the patient.now before he gets too sick," Mayor Trauger told the audien6e. He added, "and I would rather~treat him now than when they put him in.the hospital when the Mall pulls practically all of the business out." Mayor Trauger stated that this process has been repeated time and time again. .That is why the City is backing the downtown develop- ment for the long range plan. Mayor Trauger said, "Let's have'somethiDg left that:-/the,tong, zaDgeplan can work around, and that nucleus is:down there now." What Mayor Trauger was baSically saying is that this City Council has a very direct obligation to the business and to hold hands with these Boards and our brains and ability and the Chamber of Commerce to either sell, cajole, or kick in qhe seat the owners of various parts of the business to get them motivated in some manner or means to do this'before '.four patient" dies and it is too late. Mayor Trauger talked this .way for a year and made them mad a year ago by this very type of premise. He said they wou~d probably get mad again, but he hoped they do,..and maybe that will motivate them. -~ Mayor Trauge.r referred to Sunshine Square and said it looked like they are going to go "Great Guns". He sa~id' people go to a nice looking facility if they have a choice. Now they will have a choice, sO MaYor Tra. uger told everyone to try t0. keep downto~n~ our base. He said the.City is way ahead down there because the~ have good'sewer, water, and streets, which have cost most of tho.se places tha~ they saw in the slide presentati°n tonight an awful lot of money. What Mayor Trauger was recommending, but not by official action, was a cohesiveness of the City's Boards, the City Council, and the Chamber of commerce to attempt to motivate the owners of the property that:are scattered out in the downtown area, wherever the City identifies ft, to try and improve th~' physical appearance of their stores before they die out. Councilman deLong was very concerned and interested in what Mayor Trauger had to say and thought he should get all of the support that he possibly could. In view of the fact that the President - 72 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 of the Chamber of Commerce was present this evening, Councilman deLong though~ Mayor Trauger should be engaged as one of the speakers at' one of their breakfasts. Councilman Wright agreed. Mayor Trauger was quite sure he was speaking, as he had talked to Owen AnderSon, Executive Vice President' of the Chamber of Commerce, and Mr. Anderson was totally· in concert with what he was saying. Councilman deLong asked about the businessmen and said that was what Mayor Trauger was driving for. Robert Foot, President - and Director of the Chamber of Commerce, was sure their Program Chairman~ou!d .be_glad~to k~'~W~he~Mayor is available and a~preciated Councilman deLon~'~s ~uggestion. Vice Mayor Warnke informed-eVeryone that at 'the present time, Hank ThompsOn, Chairman of the COmmunity Redevelopment.Agency, has a questionnaire going out in the mail addressing this very subject. He said 'they were all interested in what the feedback will be. Mayor Trauger just hoped a year from _now the Council will keep constantly in this direction before the City loses too much. Councilman Wright felt many of them were cognizant of the fact that they will have to do a' little bit more'~o compete,'so he thought a lot of people'would work on that. Mayor Trauger commented that everyone stands back and says, "That can't happen to us." 'That is what they told them in Miami. There is a degree of complacency. It is only when the bridge collapses that everybody, gets excited, Mayor Trauger advised, and he did not want it to happen. NEW BUSINESS Appointment of Two Alternate Members to the Planning and Zoning Board Councilman deLong moved that the nominations be opened, seconded by Vice Mayor Warnke. Motion carried, Councilman Wright had a completed application from the Talent Bank that they had approved some time ago to keep in the files of citizens who were interested in becoming Members of Boards. He had a man who has served in many different capacities. Councilman Wright knew that he served on the Community Relations Board for about-five years, and he was Chairman for about'four of those five years. Councilman~Wright was referring to Douglas Sussman, who is quite concerned about the~City of Boynton Beach. AS everyone knows, Mr. Sussman is retired, enjoying himself, and feels that he needs to serve the City of Boynton Beach, Mrl Wright told the Council[ as he has enjoyed doing in the past. Councilman deLong commented that Mr. Sussman has done a good job for the City, and. he would like to see him get nominated. The man Mayor Trauger had in mind was out of town, and he could not get in touch with him. Councilman deLong moved that the nominations be closed, seconded - 73 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 by Vice Mayor Warnke. Motion carried 5-0. A vote was taken on the~nomination of Douglas Sussman as Alternate Member. The motion carried 5-0. City Manager Cheney was instructed to Put this item back on the Agenda for the next meeting. Parkinq Lot Proposal for city Hall As it was a terrific plan, Councilman deLong..~oved to instruct City Manager Cheney to proceed. Ma~or Trauger agreed. Council- man deLong remarked tha~ the. City needs something done With that. Councilmember Woolley~ seconded the motion. Motion carried 5-0. Housinq Authority Board - Requested by Councilman'Samuel Wriqh~ Councilman Wright stated that he attended several of the meetings of the Housing Authority Board,. and he has had a co~cern in housing, partiCularly~ for low and moderate income families. The housing that is a~fo~dable in standard housing has been a rough deal in this City for.some time, Councilman Wright informed the Council. Councilman Wright said.~the Board has tried to work with the County Housing Authority and do not seem to get any support. It seemed to Councilman Wright that there is a real problem. He felt that they were not really being accountable to the citizen~y.~andi{-those that need public housing. Councilman Wright wanted to see the City ~Council perhaps have?the Attorney~look ihto~the feasibility of the~ City moving on their own in terms of doing something with hOusing. With the additional units coming to the City of Boynton Beach, C°uncilman~Wright~0~id~no~-~k~',t~,see these programs succeed. He said everyone has heard for so many years that there was no way that public housing could survive or it does not Work. Councilman Wright did not believe that. He thought'wi{h, great management and if the City has more control in terms of what 'should be done in terms .of housing for low and moderate income families, they could do a much better job themselves. Councilman Wright thought it was time for. the City to break that string from the County, and move on to do something themselves. Councilman deLong asked if it would not affect the application for assistance. Councilman Wright said what they had to do was to work together to see if they could get some~ operating funds. COuncilman deLong wondere~ whether ~h~ city would alienate anyone that would prohibit the,City from maybe'applying for and receiving assistance if the City makes such a move. Councilman Wright answered, "No." Councilman deLong asked Councilman Wright if he would give the City a guarantee. Councilman Wright stated they - 74 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 were looking into the feasibility. details. He did not have all of the Councilman Wright spoke to the people in the area of housing, and they felt this was the way the City should be moving. Of course, Councilman Wright thought they should give it some study and then bring it back ~o the Planning Department to determine what they should do. Councilman deLong said Councilman Wright should make a motion to ~hSt effect and instruct the City Attorney. Mayor Trauger questioned, whether it was a_matter of Barry Seaman's office, communications, or a matter of benign neglect to the City. Councilman Wright replied that it was a combination of ~things. He felt the City could do much more itself. Councilman deLong was'doubtful and warned, "You are not runhing the show up there." City Manager Cheney thought what the City needed to do was to become familiar with the stream of Federa~ funding or they may be preempted from: really getting back into the funding stream now. He pointed out that it is a very complicated issue, and he really had not paid too~much attention to it in the last two or three years because the City has not had..to. City Manager Cheney advised that it needs some study. What Councilman Wright was saying was' if the City ran it-~them- selves, they could be more responsive. .City Manager Cheney was not sure that'~he City had the ability, under the~current program, to do it themselves. Councilman deLong stated he was an ,< unbeliever - "When you have your hand in the lion's mouth, don't pull it." Councilman Wright definitely felt the City should look into what benefits they have. for this City. Mayor Trauger asked if they could say out of the total pot of money that the~Palm Beach County Housing Authority gets., Boynton Beach has gotten a pro- posed fair,.reasonably fair proportional'share, or if the~City is under a way short end of the stick, one way or the other. Council- man Wright said it was done OK but the City ¢~uld do much~more. City Manager Cheney doubted if'they knew that, because he had not seen Countywide reports as to where all of the housing is going. He added that it could be they should look into that. Councilman Wright said this was the direction the City should be moving in so they could be directly accountable to the citizens of the community. City Manager Cheney agreed' Mayor Trauger aSked if they should expl'ore the legality through the CitY Attorney. Councilman deLong answered, '!Through the City Attorney." He sa~d ~t~tet.City Manager ~heney ge~ involved in this ~o find out if there are going to be any repercussions or penalties. - 75 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 Edward J. Kloster, Chairman, Boynton Beach HoUsing Authority, supported~C0uncilman Wright's direction. He assured the Council they were just explo~ing the direction but were not committing themselves to a journey. Mr. Kloster thought their workings with the County had been cooperative, and he expected, it to continue. Mr. Kloster continued by saylng the County is up to its "hood ornament in mud", so to speak, with other work~ and the Boynton Beach Housing Authority is contending for their resources. Mr. Kloster thought the County would review this as a positive step on the part of~'Boynton~ Beach to kind or-stand on its own two feet instead of relying completely on the County's resources to get Boynton's work done. All they were looking for, Mr. Kloster told the Council, was what would be the things they would have to do if they decided to go down this path. Councilman deLong knew there had been a problem here, and it did not get off the ground for a long while. In fact, he was involved with getting-the, first Housing AUthority set up years ago. What Councilman'deLong ~said they want to steel themselves against is the fact that the City is~not going to deprive itself from getting these grants. Both Mr. Kloster and Councilman Wright agreed, saying, "Oh no." Mr. Klos~er added, "Not at all. In fact, these tough times of funding for these types of projects, I think all of'us Rnderstand %hat we are going to have to work togethe~ to get through them.' Councilmam-deLong was quite sure that City Manager Cheney would give it a good study. Councilman Wright moved that the Council instruct the City Attorney and the City Manager to investigate the possibility of Boynton Beach establiShing its own funding procedures for activat- ing the BoyntOn Beach Housing Authority, seconded by Councilman deLong. Motion carried 5-0. ADMINISTRATIVE Consider report concerning publication of City Annual Report (Listed on 11/3/82 Aqenda but no action taken) Councilman Wright was still of the opinion that they need to see what they can do to keep constitutents well informed. He referred to a note from one of the citizens Which Councilmembers received in their mail boxes today complaining about her water or sewer bill. Mayor Trauger did not know what she was complaining about. Councilman Wright recalled that she said something was too'high, but the fact remains that it has not been increased in seven years, and the cost of living has. been tremendous since that time. Couhcilman Wright thought they should do it the cheapest way possible and wanted to go with the recommendations of the staff. - 76 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 City Manager~Cheney asked Councilman Wright if he wanted something that is mailed out to every household in town, if possible. Councilman Wright said he would tike to see it done. City Manager Cheney asked if he would mind if it is mailed out as a supplement to something else, like the Boynton Times (which is free) or the Boynton Beach News Journal (which is not free), or the Shopper (which is free) but more likely gets to every house. Councilman Wright advised that the Boynton Times does not get to north Boynton. Councilman deLong suggested they take the cheapest course. City Manager Cheney advised the cheapest course, he thought, was to put it as a supplement to another thing. Councilman Wright agreed to that. CityManager Cheney informed Councilman Wright there was no way they couId guarantee; they have to pick a way that is going to be most likely. He informed Mayor Trauger the bulletin is mailed with. every water bill. That looked like the best to Mayor Trauger. He liked'that publication. Mayor Trauger asked whay they did not give'~them the whole pitch of what is happening in the City. If you want to hit the households an extra time and identify the City as a whole, City Manager Cheney said they would do that mailing separately from the Boynton Bulletinl., He confirmed with Charles Frederick,.Director of Parks and Recreation, that they do'the Bulletin three times a year. If they do an annual report separately, City Manager~ Cheney said they would be hitting the houses four times a year, and then it would not become as a supPlements, to something else. qounci!man .Wright liked that better because he knew' ~he ~Boynton Times did not come to where he lives. City Manager Cheney said they'have to put ~the Bulletins' in condominium~clubhousesunlessthey~have a'mailing address. ,~He said that would'Se the best way, and they would use the Boynton Bulletin process. -The other process was the writing of it. City Manager Cheney asked if the~Council wanted to be cryptic and'.factual, if they wanted to have editorial comment, did they want to write a page themselves, or if they wanted to have a descriptive kind of language that is short. Councilman deLong recommended they hand it to the City Manager and let him decide what is the most appropriate w a~.. As City Manager Cheney was compiling the report, Councilman deLong thought-~he'shou~.d decide how it is going to get into the hands of the people he wants to receive~it. By the time they do such a thing (get i% together), at the earliest, City Manager Cheney said they would be coming quite close to March and April, and' March and April is ~election time around here. Councilman Wright remarked, "Is it going t~ take that long?" City Manager Cheney suspected it may take that long as they do other things. Councilman Wright asked~ City Manager Cheney why he didn't assign one of his "special projects people" to do that. That was what he thought they should do. He did not think they MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 should wait that long. Councilman deLong wondered what they had in other cities. Councilmember Woolley suggested City Manager Cheney use his own judgment. Mr. Frederick wondered if they were talking about mailing it with the next issue of the Bulletin and advised it would not be out until after April. City Manager Cheney said it would be a separate mailing. Vice Mayor Warnke thought perhaps the outgoing Mayor could have a '"State of qbe City" message along with statistics from Cfty Manager Cheney's office. Councilman deLong moved that City Manager Cheney be directed to use the most appropriate means possible' in mailing out the ~City Annual Report, seconded by Councilman Wright. The motion carried 5-0. Approval of Annual Board Dinner Invitation List As it is a good pUblic relations move, Councilman deLong moved to approve the list, seconded by Councilmember Woolley. Mayor Trauger advised that included ~the Mayors an~-the~CommisSioners. Councilmembem'Woolley advised it included the two Legislators and t'~e Executive Vice President of the Chamber of Commerce. City Manager Cheney added that it included the two County Commissioners. When Bob Foot starts inviting the Council, then Councilman deLong said they would invite him. Councilmember WoDlley pointed out that they have alWays been included in all of the Chamber of Commerce dinners. City Manager Cheney urged the Council not to keep adding. A vote was taken on the motion, and the motion carried 5-0. Ratification of Fundinq Decisions - Community Relations Board Councilman deLong read that thoroughly and moved to accept the recommendation. With %he recommendations~of the Community Relations Board of last year in terms of: the Re~uestS.~for Funds, Councilman Wright thought that they had seen a lot of the groups that requested money have really brought forth good pa-dkages. He thought it was a good idea and seconded the motion. A vote was taken on the motion, and the motion carried 5-0. Report on Drainaqe - City Manaqer Chene~ City Manager Cheney had two drainage problems to discuss with the Council. One they knew about because they received a letter from Mr. Lansing. Mr. Renice Lansing, 700 S. W. 27th Avenue, 'Boynton Beach, thought he brought his point to the City Council at the last meeting. He was hoping that the Council would stick to their decision. - 78 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 At the last meeting, City Manager Cheney told the Council they indicated that he should try to please' the majority of the citizens in the area with the project. He thought they managed to please, compromise, .or what have you with most or-d%hem. At the further end, up where Bill Cwynar has' property, City Manager Cheney Said they agreed.with him; and-across the street from him, they have a 'swale that is eight inches., which is really what their design standard is, but they will go with six inches after the sod is put back in. Mr. Cwynar agreed that was fine, and the woman across the street said it was fine. City Manager'Cheney did have a disagreement with Mr. Lansing. As everyone knew, Mr. Lansing's property is.at th~corner where it collects water. City Manager Cheney said theY hope to cut off a lot of wate~ at the end of the streetS, lot by lot, as they do the swales. Mr. Lansing indicated that he would like to have some areas no swales. In one area., there Would be no swale and in another area, have only two inches below the pavement instead of the City's original design 'of eight or smx, as the City is doing elseWhere, City Manager Cheney told the Council. Adjacent to his driveway, on 6%h Street, City Manager Cheney said Mr. Lansing wanted to have the swale rise up to the level of the driveway. The City's generally designed standard is to keep the swale below the driveway because the water stays in the swale and does not go-across the driveway, but City Manager Cheney said that was not as serious -a problem. City Manager Cheney thought there was a real question in spending public money to solve a problem and not getting a design standard that is more adequat~ ~what Mr.. Lansihg feels that he would like on his property. City Manager Cheney could understand Mr. LaKsing's reason for only wanting, to go two inChes ~elow the pave- men% and tOld Mr.. Lansing he felt., without the Council's direction, he felt he had to recommend they go deeper. City Manager Cheney was down there this noon around 1:00 to 1:15 P. M., when we had heavy rains. In the past rains, City Manager Cheney was confident we would have had water in the two inter- sections on 27th and 8th and 27th and 6th. There was no water in those intersections. tOday, City Manager Cheney reported, but the swales were almost full. The .swale in front of Mr. Lansing's house was almost full. The one across the street was not. and t~e one'diagonally across from him, City Manager cheney said the City has not dug yet.' City Manager Cheney reiterated that there was no water at that time at that intersection, and there always has been in the past. He felt that the City was putting this kind of money in the public right-of-way to solve a public problem of water in a public intersection with a lot of traffic going through. City Manager Cheney Just did not feel two inches was adequate' and - 79 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 thought they should go-. six or somewhere inbetween there. the Council that was the issue before them. He told City Manager Cheney said the other issue was over on 28th Avenue and the cul-de-sac, where ~hey want to put a swale project in. He said there are two bad'areas there~ 'one way at the end of the Street in the Cul-de-sac, and one kind of in the middle on the north side. City Manager Cheney reported that the property owner in the middle iS~adamantly opposed to the City touching the swale.area in front of her house at all. Her sister lives next dOor, and City Manager Cheney said her sister lives next door and is adamantly opposed too. The lady acknowledges that there isa problem there, and her response is to put the swales in up in ~the corner and keep. the water 'from coming down there. City Manager Cheney.told her.~'they cannot come int° an area like this and not put swales'on every property along the way where there is just grass, up front there. He stated they just had to do it. City Manager Cheney made the point to her that it is a public right-of-way,~ and the City deos not want to go in and do it just because it is a public right-of-way because that is not how the City wants to work with people. On.some>other .kind of .project some,years ago,~ City Manager Cheney recalled that Mayor Harmening suggested that they try to put a pipe through there into 1-95, City Manager Cheney said the City had not re.engineered that but that gets into a whole different kind of project than they are'doing for the_City. Even the pipe that goes in to'somewhere else, they Still have to do swales so they can retain something on site, City Manager Cheney continued~ They are still faced with swales. City Manager Cheney said they talked to that lady and her sister and.~two other people on that' 28th cul-de-sac. The other two support the idea. /City Manager Cheney did not talk to anybody · further because he had.this problem in the middle° City Manager Cheney asked~the Council if they wanted to go ahead and put t~is Project in and say they are going to d° it and will do the best they can. He added that they will have to do it for everybody. Or, City Manager Cheney asked, are we going to leave some people out even though they feel it is necessary. He said those were the two kin~ds of problems they had~ City Manager Cheney said they have had no problems with the swales in the whole rest of'the city until they get to this particular instance here. Mayor Trauger said the problem was there are still two people at the end of that cul-de-sac that everytime it sprinkles, their driveways flood. - 80 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 It seemed to Vice Mayor Warnke that any City project on City property for the good of the majority of the population of that area should be gone ahead with. Mayor Trauger asked Councilman deLong i'f he thought they could stand putting a swale in there. C°un~cilman deLong~just ~W°ndered if~ the City Manager heard from Mrs. Dunkle. MayO~ Trauger informed him that was who they were talking about. Last week, City Manager Cheney said they had apl~easant-conversa- tion for an.hour and'a half, :but they did not ag. tee. Mayor Trauger commented that she calls him about the water every time. City Man~ger Cheney-said maybe they should.just forget the whole street and not do ~nything on it. He stated~ that was another question. Mayor Trauger agreed saying, "Let's not do anything then." Going back to.what he said last week when he was with the Council, Mr. Lansing said if everybody takes care of their own water, then they would not need very deep swales anywhere. The water they saw today was water that was coming to them from downhill from all directions, Mr. Lansing told the Council. 'If they were to give everybody a little swale, then a very small swale~in his yard would be sufficient.~...:J~ust~because they happen to ~be lower, Mr. Lansing continued, it does not' mean that you dig a deep ditch to take care of the neighborhood water. Mr. Lansing did not personally agree With their idea 'that because they are lower., to dig a deeper swale. What they were saying, City Manager Cheney explained, was that they felt they ought to do the same thing on everybody's property throughout the whol.e area, and they are not .p~oposing to dig any deeper. Mr. Lansing stated he would go for between the sidewalk to'the corner and over to the driveway up to four inches. Mr. Lansing would, go four inches~ Everything elsejust, 1 ave ~t flat Mr.~ Lansing t61d the Council, because the water will go right into that sand-. He said/ !!You, re going, to have it filled with dirt or sand in a short time anyway. You, yourself, admitted that. You said in a few years, you would have to_do it again. I think it is wasting money." The one point City Manager Cheney wanted to make clear was that they'were doing four inches on his (Mr. Lansing's) and six inches on everybody else. He wanted everyone to understand that. City Manager Cheney was glad Mr. Lansing was willing to take four in that area instead of two but wanted him to understand that the City'obvi°uslyrhas a different standard. May~r Trauger thought they should experiment at four and see 'what happens. Mr. Lansing informed the Council they are higher than the other corners. Mayor Trauger said they would go four and try it there, but he warned Mr. Lansing that .he was going to ~et more water than is his share of the water because the City cannot put a swale all the way all over town. Wherever gravity is going to run the water to the lowest point, Mayor Trauger said they will have to put the swale in to catch part of the runoff but they cannot catch all of the - 81 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 runoff that goes down the street. Mayor Trauger used to get the water in front of his house but he dared say that in the rain today and in the past weDk, this was about the first time they had not been .inundated. are working, Mayor Trauger told Mr. Lansing, and ad~ swales that you .can see it. This was the first time Mayor Trauger was able to drive by Mr. Lansing's house without wondering whether he was going to submerge. Mayor Trauger asked Mr. Lansing if he would consider, while they are fixing his swale, before they get to Mr. Lansing's house, that the City level out that bomb trap that is. right there on 6th Street opposite him. Mr. Lansing agreed that d~finitely needs to be fiXed. Mayor Trauger said it was in the pavement, diagonally across the street, coming down 6th Street. .If they leave the.ground at a level between Mr. Lansing's Western property line and his walkway, City Manager Cheney said they will leave the property level where there ought to be swales. Mr. Lansing added, "and then four inches-down from the sidewalk, .as he indicated." Councilman Wright asked about the.two ladies. Mayor Trauger answered that they would not do anything there. City Manager Cheney agreed, saying, "For.now, we won't do. anything." He said the City will write a letter to those people and tell them the City is not going to do anything. Request for Refund on Cemetery Lot - Requested by City Manager Peter L. Cheney Councilman deLong moved to approve the requ. est for refund on Cemetery Lot 374B, Block O, Boynton Beach Memorial Park Addition #1 in the amount of $120.00 for Kathrina'F. Becker. The motion was seconded by Councitmember Woolley and carried 5-0. Permission to Erect Special Construction Trailers on the Mall Property City-Manager had a .request to put 28 construction trailers on the Mall property. Councilman deLong moved to approve the request, seconded by Councilmember Woolley. Motion carried 5-0. City Manager Cheney said one would be for the night watchman to live in. - 82 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 16, 1982 ADJOURNMENT The meeting was properly adjourned at 11:40 P. M. CITY OF BOYNTON BEACH ATTEST: Vice Mayor Councilmembe~ - 83 - ADMINISTRATION Approval of Bills: AGENDA. November 16, 1982 2-Page Addendum to Minutes of 11/16/82 Council Meeting COUNCIL APPROVED Date_ Per Caldwell~ Pacetti,. Barrow & Salisbury City of Boynton Beach Golf Course Bond Validation Expenses. Pay from B.B. Recreation Facility Constr. Fund: 415-000-169-41-00 $ 2~000.00 Florida League of Cities Dues for A~nual Membership for 1983 Pay from General Fund 001-111-511-40-7G 2,239.58 0 The Garden Store 2nd. payment P.O. 55196 Swale Sodding for Group II Areas per Specifications and Modifications Pay from General Fund 001-411-541-60-3P Per bid 9/20/82, Council approved 10-6-82 4,871.70 IBM Corporation System 34 Rental for November, 1982 Pay from General Fund Various Departments 6,965.00 Marcinkiski-Gradall 1st. payment P.O. 55195 Swale ~onstruction for Group II Areas per Specifications Modifications Pay from General Fund 001-411-541-60-3P Per bid 9/20/82, Council approved 10/6/82 22,653.74 Safety Council of Palm Beach County Inc. Defensive Driving Course for city employees Pay from 1981/82 Budget 001-132-513-40-7J 1,597.50 Van's Electric, Inc. 1st. payment P.O. 54809 City Hall Renovation Work---ElectricaL Per Specifications Pay from General Fund 001-000-247-09-00 Per bid 7/23/82, Council approved 8/3/82 5,000.00 Von Hagge & Devlin, Inc. Monthly payment due for 11/82 for golf course design Pay from B.B. Recreation Facility Constr. Fund: 415-000-169-41-00 2,800.00 -2- 10. 11. Russell &Axon Professional services rendered on various projects. Pay from the following accounts: 403-000-169-01-00 $15,046.96 403-000-169-11-00 5,756.76 Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 2 wks. 320-641-564-40-5A Willie Ruth McGrad¥ Server For Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 320-641-564-40-5A 20,802.92 140.40 134.40 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swarm, F~nance Director I therefore recommend payment of these bills. Peter L. Cheney, City Manager COUNCIL APPROVED Per_ .