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Minutes 09-20-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 20,\\1983 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced in the absence of Reverend Benjamin Tidwell and Councilman Sam Wright, he would give the invocation and lead the Pledge of Allegiance to the Flag. AGENDA APPROVAL Mayor Warnke announced there would be additions to the Consent Agenda of three bills which have been distributed by Mr. Cheney and approved previously by the City Council. Mr. Cheney stated there is also the addition under the Consent Agenda of the request of approval of the annual Leisureville bazaar signs. Mr. Cassandra stated he would like to remove from the Consent Agenda Item F for discussion and he has questions on Items E and G. Mr. deLong added that he has questions on the Consent Agenda pertaining to Items A-2 and G. Mr. Zimmerman moved to adopt the agenda as corrected, seconded by Mr. Cassandra. Motion carried 4-0. ANNOUNCEMENTS Mayor Warnke read a Proclamation declaring October 3 through October 15, 1983, as Shrine Hospital Days. Mayor Warnke announced that Representative Press is holding a Public Forum in these chambers on Wednesday, September 28, at 7:30 P. M. The Mayor announced the City Council will have a special meeting to discuss water and utility rates plus other mat- ters on Monday, October 17, at 7:30 P. M. Mayor Warnke announced that Councilman Sam Wright has been excused because of another commitment tonight. Mayor Warnke referred to receiving a letter from the Department of Veterans, Community Affairs of Secretary of State, advising they have reviewed our application and have declared there is an enterprise area in the northern section of Boy, ton Beach encompassing the area from the Boynton Canal,~ Railroad Avenue, N.E./N.W. 9th Avenue, and 1-95. This will give businesses in that area hiring people REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 available tax credits if they qualify. step to improving the city. This is a further MINUTES Regular City Council Meeting Minutes of September 6, 1983 Public Hearing 1983-84 Budget - September 1, 1983 Continuation of Public Hearing 1983-84 Budget - 9/12/83 Mr. Cassandra referred to the minutes of September 6 and pointed out on Page 23, it states he made and seconded a motion and he doesn't think that is proper. Mr. Cassandra moved adoption of all the minutes as submitted with this correction, seconded by Mr. deLong. No discussion. Motion carried 4-0. CITY MANAGER'S REPORT Golf Course Mr. Cheney reported that a Golf Course Superintendent has been hired. We are moving along. The generator is on site and is being installed for the irrigation system. Beach Project Mr. Cheney announced that Ocean Ridge Planning & Zoning Board and Town Commission have approved our request per- taining to the beach project covering the lift station, set- back line alone the dune area and the landscape plan. Our application for the beach project is now resting before the state, county, Health Department, Department of Natural Resources, and D.E.R. and we are awaiting approval. Drainage Project Mr. Cheney reported that the french drain project on West Ocean Avenue is under construction as well as swale projects in other areas. Generator at Civic Center Mr. Cheney reported that we do have a generator installed and working at the Civic Center in case this is used as a shelter area. Tree Planting Program The City Manager referred to the tree planting program funded with federal funds and advised that an additional - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 $2,000 had been authorized from the state and he told about extra landscaping now being planned in the northeast section on Ocean Parkway on the median. PUBLIC AUDIENCE Mayor Warnke announced that anyone who wishes to speak on any item which is not on the agenda may come forward at this time and give their name and address. He added if there is anyone wishing to speak later on an item on the agenda to please give their name to the City Clerk and they will be recognized at that time. Mayor Warnke recognized the presence of former Mayor Marty Trauger in the audience. Mr. G. Francis Mitchell, 248 S. W. 4th Avenue, first expressed appreciation for previous cooperation from the City Council. He told about the Veterans of Foreign Wars' efforts to help people and assist needy causes. He stated with the City's assistance, they will have the capacity to solve Joe Morton, Jr.'s problem. He told about Mr. Morton receiving a gunshot wound to the head and requiring a tre- mendous amount of medical attention in the future for reha- bilitation. They are seeking permission to dispense alcoholic beverages at the Boynton Beach Boat ramp facili- ties on October 9. The Beverage Board has approved a one day permit because the Post has an unblemished record. Their House Committee has selected the necessary personnel to dispense the spirits. They are asking permission to serve the beverages from noon to dusk. They have delegated a cleanup crew, have made arrangements with the Public Works Department for dumpsters, and a portolet has been donated for those in attendance. He told about other organizations also taking part. Also, several condominiums have donated the services of security guards. He hopes and trusts the Council will honor this request so they will be in a posi- tion to raise the necessary funds that will rehabilitate Joe Morton, Jr. Mr. Cassandra asked if the ag~ limit would be screened for alcoholic drinking and Mr. Mitchell replied affirmatively as they will have personnel to man the affair with discretion. Councilman deLong stated that he asked the City Attorney to look this up and it is permissive under the provisions of the charter. Mr. deLong moved that permission be granted, seconded by Mr. Zimmerman. Under discussion, Mr. deLong commented that he was very concerned and pleased with the request the V.F.W. made and offers of policing, etc. to be conducted by their - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 organizations. Mayor Warnke added that his first thoughts were not to have hard liquor in the boat club park and he thought beer would be sufficient, but realized that people could bring it in or purchase it nearby. He is inclined to go along with it with this supervision. Motion carried 4-0. CONSENT AGENDA A. Bids Construction of Pump Station and Force Main, San Castle & St. Andrews, Part "D" - Utilities Mr. Cessna reviewed the bids and concurs with the recommen- dation of Russell & Axon to tentatively award the contract to the lowest bidder, Spearman Marine Construction, subject to approval by the Florida Department of Environmental Regulation and the U. S. Corps of Engineers acting as the agent for the U. S. Environmental Protection Agency, in the amount of $67,962.16.*(Corrected- see minutes of 12/6/83) 2. Installation of Storm Panels - Mausoleum Th~J~emetery Board approved the purchase of storm panels for the Mausoleum at the low price of $1,885 from Town & Country. Continuous Paper - Joint bid with Delray Beach, Boca Raton and Boynton Beach The Tabulation Committee recommends approval of the bid from Better Business Forms, Inc. Approve request from Golfview Harbour Homeowners Association to place temporary signs at their entrance- ways for Annual Bazaar Mrs. Kathleen Kirton, President of the Golfview Harbour Home Owners Association requests permission from the City Council for the use of temporary signs at the entranceways to their annual bazaar to be held on November 19. These signs would be installed ten days prior to the event and removed imme- diately thereafter. Ce Approve request for cemetery refund -Boynton Beach Memorial Park Addition 91, Lots 203A & B, Block N Mr. Frank B. Phillips has requested this refund. D. Approve Change Order No. 1 from Marcinkoski Gradall and The Garden Store fOr Swale Work in Railroad Avenue - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mr. Tom Clark recommends approval of these change orders since permission was not granted from the FECRR to use parts of the railroad right-of-way for ponding of water. E. Approve Budget Transfer - Compensation Adjustment A budget transfer request dated 9/15/83 was submitted covering these adjustments. G. Concur with Community Relations Board Recommendations A memo dated 9/20/83 was submitted by the City Manager outlining the Board's requests for distribution of donations. H. List of Payments - Month of August, 1983 See list attached covering the current month's checks. I. Approval of Bills See list attached with three additions. Je Approve request from Leisureville Association to place temporary signs at their entranceways for Annual Bazaar The Leisureville Association submitted a request for the above. Mr. deLong moved to approve the Consent Agenda as submitted by the City Manager, Item V, with the additions of the four items which were submitted by the City Manager on the memo dated September 20, 1983, and also to omit Item F for the present time. Mr. Cassandra seconded the motion. Under discussion, Mr. deLong referred to the installation of storm panels at the Mausoleum and stated he understood the City was going to defray that expense and he is concerned because the Mausoleum is being built and operated by a pri- vate corporation. Mr. Cheney responded by reading a state- ment from a memo submitted by Mr. Doney stating according to paragraph 2 of the agreement between the City and Boynton Beach Mausoleum, the City shall provide maintenance for each phase upon completion. According to this, the City is required to maintain the mausoleum. This would encompass the placement of storm shutters on windows inasmuch as if the windows would be damaged by storm or otherwise, it seems that the City would be responsible for replacing and main- taining same. Councilman deLong referred to the recommendations from the Community Relations Board and stated he did not notice where - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 the City Manager has recommended payment. Mr. Cassandra asked if this money will be going to Boynton Beach residents? Mr. Cheney advised that traditionally, this money has been allocated in revenue sharing and the Community Relations Board makes recommendations for dona- tions. He did submit these requests to the Board and recom- mended they act favorably on these requests. In reference to the Day Care Program, some of the students do come from Boynton Beach and some do not. Probably 75% of the students we support in the After Care Program live in Boynton Beach. We are also supporting the Title 20 Program which is pri- marily Boynton Beach because its center is in this area. In addition in the money given to the Day Care Program, last year we agreed to support a part time secretary because the County cut back on funds which benefit the whole program. He can only guess that most of the retarded adults in the program come from Boynton Beach. The Hospice is a first time program in South Palm Beach County and t]ley are doing a program here to provide a new service for the people, but it is not limited to Boynton Beac] sis is certainly in this area. Mr. Cassandra asked if the compensation adjus' by Item E was annual and Mr. Cheney replied ti was adopted which is spread throughout the Ci~ covering the cost of living increases. These were not done throughout the year and are bei] before the books close. All were previously Council. Boynton Beach · The empha- ~ment covered ~at a lump sum ~y departments are some which ~g cleaned up ~pproved by the Motion carried 4-0. BIDS NONE PUBLIC HEARING ReZoning Request Request: Proposed Use: Location: Applicant: Rezone from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) Appropriate C-3 retail commercial facilities Southwest Corner of N.E. 15th Avenue & U. S. 1 (Federal Highway Harry Kirsner, Owner Mr. Annunziato pointed out the location on the map. He advised this issue was discussed at the public hearing held by the Planning & Zoning Board and there was discussion - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 about the report and recommendations submitted by the Planning Department to deny this request. The Planning & Zoning Board unanimously recommended this request be denied noting the presentation made by the Planning Department. Mr. Harry Kirsner, Miami, Florida, pointed out the C-4 and C-3 zoning in this area along Federal Highway. He advised his property is zoned C-2 and is buffered from homes by lots owned by a church, but the other properties zoned C-3 do not have a buffer from single family residences. He would like to build the project as shown. He was here previously, but withdrew his request for the Boynton Wholesale Mart. The new plan has more parking spaces and less building and he explained. The reason for this request is to build a discount mart. C-2 only allows neighborhood commercial, such as a convenience store. There is a convenience store across the street in the C-3 zoning. He cannot obtain financing for a convenience store. This proposed develop- ment would be a day time operation. He told about plans for stores selling discount clothing. He explained how this property was not suitable for attorney, doctor or real estate offices being located along the railroad tracks. His previous application provided for wholesale uses with each bay having a garage door, but this is for complete retail uses with no garage doors. This property can only be deve- loped under C-3 zoning and there is no need for more C-2 uses in this neighborhood. He is across the border from the redevelopment area, but did discuss this with Urban Design Studios and they would have opted for C-4 uses. He wants to get North Boynton developed, but it is impossible with C-2 zoning. Councilman Cassandra referred to spot zoning and asked if this was rezoned to C-3, would it encompass the other C-3 area or would it be considered spot zoning? Mr. Annunziato explained that it would constitute spot zoning in his opi- nion. Mayor Warnke questioned the uses allowed under C-3 and Mr. Annunziato replied that C-3 permits a wide range of commercial uses and there are also other limitations which do not apply such as building height, drive-thru restaurants are permitted, etc. Mr. Kirsner stated as far as height, the Planning Department study said it would not be more than one story as it is not economically feasible to go more than one story and parking would limit it to one story. Also, even though C-3 permits bars and gas stations, these could not be located here because of the close proximity to the church. It is true about a restaurant being allowed, but not with a drive-in window. Mr. Kirsner then explained how his opinion of spot zoning was to have a spot of one zoning in the middle of another zone, which was not true in this case with having C-4 and C-3 zoning all along Federal - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Highway. Also, other parcels in the City which are in C-2 are not along Federal HighwaY. Mr. Cassandra referred to being present at the Planning & Zoning Board meeting and the plans being for more than one building and Mr. Kirsner agreed this was correct and explained it would be built in phases. Mr. Cassandra questioned his definition of a discount house and Mr. Kirsner told about places selling brand name clothing at lower prices because of having a lower overhead. He added that this property does not Warrant high class use along the railroad. Mr. Cassandra referred to there being a lot of empty stores in the shopping center across the street and asked why someone would want to rent in this place across ~the railroad tracks and Mr. Kirsner replied that he is aware of these vacancies and told how his center would have smaller stores at a lower rental fee plus would not be entirely air conditioned. Mayor Warnke asked if anyone wanted to speak in favor of this request. Mrs. Brenda Kirsner, 10130 S. W. 91st Terrace, Miami, referred to there being C-3 and C-4 zoning in this area and questioned why this would be considered spot zoning and Mayor Warnke replied this was laid out on the comprehensive plan many years ago. Councilman deLong added that we are attempting to eliminate spot zoning which we have and not create any more. Mrs. Kirsner asked if anyone could request rezoning to enhance the City and Mayor Warnke replied that we are not looking at this particular business, but what this land can be used for. Mayor Warnke ascertained there were no further speakers' either for or against this application and declared the public hearing closed. Councilman deLong moved to approve the unanimous recommen- dation of the Planning & Zoning Board to deny this request of Harry Kirsner with also noting the recommendation of the Planning Department. Mr. Zimmerman seconded the motion. Under discussion, Mr. Cassandra referred to there being vacant land and stated it shouldn't be left to be a garbage dump and at some time, we might have to bend to get some things on the tax roll. There are some parcels which will never be developed because of location. Mayor Warnke stated that the comprehensive plan is now being reviewed and updated and this parcel may be considered. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Mayor Warnke - Aye Motion carried 4-0. Rezonin~, Land Use Amendment, & Annexation Request Request: Annexation Rezone from Palm Beach County AG (Agricultural District) to PUD (Planned Unit Development) with LUI = 4.00 Land Use Amendment from Medium to Medium High Residential (Palm Beach County) to Moderate Density Residential Legal Description: The N.E. 1/4 of Section 18, less the East 50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20 and L-21, together with the N.E. 1/4 of the N.E. 1/4 of the N.W. 1/4 of said Section 18, less the right-of-way for L.W.D.D. Canal L-20. Said land situated, lying and being in Palm Beach County, Florida. Containing 154.56 acres more or less. Location: West of North Congress Avenue, between L-20 and L-21 Canals Proposed Use: Mixed residential development including single family residential lots and homes, garden apartments, townhouses and villas. Applicant: Alan J. Ciklin, Esq., Agent for Carilla, Larry W. & Michael R. Melear, Owners ALSO Annexation of a portion of Old Boynton Road in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as a 40' road right-of-way adjacent to the south line of Lots 31 through 38 in Subdivision Section 19, Township 45 South, Range 43 East, as recorded in the official records of Palm Beach County Florida, Plat Book 7, Page 19, said 40' road right-of-way now being known as Old Boynton Road, and the south 20' of said Lots 31 through 38 deeded to said Palm Beach County for additional road right-of-way as recorded in said official records in Official Record Book - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 3012, Page 1485, and the north 20' of Lots 39, 40 and a portion of Lot 41 deeded to said Palm Beach County for road right-of-way as recorded in said official records in Official Record Book 2584, Page 1018 and Book 3653, Page 531. Mr. Annunziato pointed out the location of this property on the map and informed the Council the request is to annex it into the City of Boynton Beach with a moderate density land use classification and zoning of PUD with LUI of 4. The density is consistent with the land use request. Mr. deLong clarified that this will complete the western boundary line on Congress Avenue and Mr. Cheney agreed it would complete the north end. Mr. Annunziato explained the various zonings, number of units, land uses, utility services to the site, etc. He advised at the time this application was the subject of public hearings before the Planning & Zoning Board, the staff made an extensive presentation noting the staff com- ments. The applicant has agreed to all staff comments except to dedicate five acres of land in the southeast corner of the property for civic purposes. The Planning & Zoning Board recommended approval subject to staff comments with the addition of the dedication of civic lands. Since that time, he has had several discussions with the applicant and changed the staff comment somewhat. One was to dedicate a two acre site in the northwest corner of the property for a storage facility and give credit for that dedication against the five acres. The location has changed from the southeast to the northwest corner of the property which is the worst location for residential and it would be limited to three acres. With the dedication of lands for civic pur- poses, there is no taking of units. The units which could be built will be shifted to another location. Mr. deLong questioned the applicant's response to the change of five acres and Mr. Annunziato informed him the applicant would prefer to dedicate land south of the proposed 2,000,000 gallon water repump facility for a total of approximately seven acres. Mr. Cassandra clarified that the applicant is not receptive to the Congress Avenue and Miner Road location. Mr. Cassandra asked if the memos from the County were agreed to and Mr. Annunziato replied affirmatively. Mr. Cassandra referred to public or private streets and Mr. Annunziato informed him the major corridor will be a public street. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mr. Alan Ciklin came before the Council and stated that Mr. Annunziato has accurately described what has happened since the Planning & Zoning Board meeting. Basically, the Melear family feels they are more than anxious to dedicate and contribute their fair share to the City and feel they have been doing that. They have met and satisfied every con- dition from the staff and Planning & Zoning Board. They have even gone further than other developers with dedicating several areas to the public for future use. They originally dedicated the right-of-way for Congress Avenue several years ago. They will be dedicating Miner Road as a major collector through the site. They will be paving and constructing entry ways into the project. In addition, they will be pro- viding signalizations. They will be paying Palm Beach County impact fees. They will dedicate about 1~ acres for a water repump facility. All the other projects in this area have gone through approv:als and given rights-of-way, but none have been requested nor have they dedicated acreage for public facilities, but tlhey are being asked to do that. This property will not only serve their project, but others Who have come before them and will come after them. The five acres they have been requested to dedicate will exceed the main City Hall facility here and the fire station on Congress Avenue. The Ciity subdivision regulations do not have a provision requiring this dedication and the only example relative to it would be the County requirement of 2%, which would translat:e to three acres. Another problem is that the comprehensive plan does not show the need for a public dedication here. They do not know what it is for. They don't know why five acres is needed. The Melear family wants to cooperate and has a proposal which they think is fair and reasonable and with a better location. The water repump facility in the northwest corner takes up about 1~ acres, but actually would require more area because people do not want to live next to this. The Melears will dedicate the 1.5 acres for the repump facility, but would like to submit the proposal to square off that area, which is land with the aesthetic value diminished, and dedicate an addi- tional five acres for a total of approximately seven acres. This is located about 1/2 mile from Congress Avenue and Miner Road. They believe this particular location is more centrally located, because when Miner ROad is built through, they will have access west and east to Congress Avenue. This is an additional 5.5 acres. They think it would be to the City's benefit to have several acres and a library, fire station or branch city offices could be built there. This would allow the developer to dedicate property which is aesthetically undesirable for residential purposes. It would also preserve the Congress Avenue vista to their deve- lopment. Buyers will be looking at site plans depicting land uses. They would like them not to know about a public - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 agency which they are not sure what it is going to be on Congress Avenue. They would like them to know it is going to be away from all residential development. They feel they are offering a compromise. The City will have their public dedication. It will allow the developer to preserve the valuable vista from Congress Avenue. Mayor Warnke clarified that in place of the original propo- sal of five acres, they are now proposing seven acres in the corner and Mr. Ciklin replied affirmatively, seven acres with a land value of $300,000. Mr. Zimmerman referred to Miner Road dead ending at the western end of this project and asked if there were road rights-of-way for it to be extended further to Lawrence Road and Mr. Annunziato informed him there is currently a plan in Palm Beach County and there is no question that Miner Road will be constructed at least to Lawrence Road and probably to Jog Road. Mr. deLong asked if it was planned to have Miner Road go west from Seacrest Boulevard and Mr. Annunziato replied it was unlikely Miner Road would ever cross 1-95. Mayor Warnke asked if there was any input from the police, fire or other staff members on this new proposal and Mr. Cheney responded that since this concept was his, he would like to speak. He referred to the City Council recently asking him to prepare a capital improvements program and stated we must have public land for public facilities. Public facilities must be addressed in the north end. He gathers there is no problem with dedicating land for public facilities. The issue is where should the land dedication be. After the Planning & Zoning Board meeting, the appli- cant offered seven acres. We looked at figures and land available to serve the City and concluded five acres in total was reasonable. The applicant is willing to give seven acres and we suggested five acres. The question of the value of the land is not the issue. There will be no loss in density. We have not required this from other deve- lopers. There was a time when impact fees were not collected and capital facilities charges were not made, but new policies are started. We suggested the location be at the north corner of the property. We know many people would like to be near a public facility such as for an emergency basis. To suggest public facilities are bad neighbors is not supportable. There are many beautiful public facilities which can be built not to detract from a neighborhood. This development is also getting more than other developments with City parks, recreation facilities, beach, etc. Development is coming on Congress Avenue because this City has developed good standards in the City in a positive - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 atmosphere. Ail that has happened in the past makes this land valuable. There may possibly be an inequity starting with them, but it must be started. We must have land in this section. It would not be any good to have it in a use- less area. Annexation probably won't go much beyond Lawrence Road. A facility at the back corner would not address our needs along Congress Avenue. He strongly objects to this location. It will not have a negative impact on their property. This must be addressed with every new subdivision coming into the City. Developers should make a contribution similar to the recreation contribution. He strongly urges if this is accepted for annexation, that the requirement be to have three acres at the corner as we suggested and 1~ acres in the other corner for the repump station. Councilman deLong commented that these are the last people coming in in this area and the others were not subjected to the same circumstances. Mayor Warnke agreed, but stated we must start somewhere. Mr. Zimmerman questioned if there were any plans as to the type of water tank which may be built and Mr. Cheney replied that it will be a surface level tank. Mr. Cessna added that it will be the same type of repump station as the one on Woolbright Road. Mr. deLong asked if there was any possible chance of this being reconciled and Mayor Warnke answered that there have been a lot of discussions between the planner and Mr. Ciklin. Mr. Ciklin stated that part of the problem is the City not having an ordinance requiring this dedication. They are being asked to dedicate acreage with no formula attached to it. There is no decision on what this land will be used for. It seems when a developer is voluntarily giving property for which there is no legal precedent in the ordinances, he should have some say where that property is located. Whether they give three, five or seven acres, they will be the first to do so in this particular area. They don't disagree with the principle that a growing city needs municipal land for growth and they don't disagree that deve- lopers should participate, but they disagree that they should give everyone's fair share and disagree when the City does not have an ordinance giving guidelines. They think seven acres only 1/2 mile from where it is suggested is very generous and will serve all the City's needs just the same as at Miner Road and Congress Avenue. They are submitting this as a compromise. Councilman deLong questioned the legal implications and Mr. Vance replied that the application is for PUD zoning, which - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 is not normal zoning. We have some general ordinances per- mitting stipulations to be returned to the City in return for bonus factors received for PUD zoning. He would think if we continue with PUD zoning and the developer concurs, that it could proceed at this point. He suggests that an ordinance be prepared applying to all zoning in the future. If the developer feels strongly about this point, this matter could be continued or no action taken at this point until the problem has been resolved. Mr. deLong clarified that he was suggesting to table this issue until such time as an ordinance is adopted and Mr. Vance agreed, if the developer remains adamant in his current position. Mayor Warnke stated he was not going to ask the applicant to wait until we pass an ordinance as he does not think that is fair. Mayor Warnke asked if anyone wanted to speak in favor or against this request. Upon receiving no response, he declared the public hearing closed. Mr. Zimmerman clarified that what the applicant was pre- senting is a counter-offer of seven acres, which is more acreage than what the City is asking for. The number of units would remain the same. By accepting the offer, they will have to squeeze the units closer together. Councilman deLong stated he is concerned with the recommen- dation from the Planning & Zoning Board, which states the five acres on the southeast corner is recommended. Now, he understands this is to be reduced to three acres. We must decide whether to approve the unanimous recommendation of the Planning & Zoning Board which was originally five acres and reduced to three acres. Mr. Vance advised if the Council decides to go for three acres in the southeast corner per the Planning & Zoning Board's recommendation and the developer is not in agreement, he would recommend that this item be postponed or withdrawn until the appropriate ordinance could be adopted. If the developer is in con- currence, they could proceed. Mayor Warnke asked if the request for annexation could be approved with this exception and Mr. Vance replied negatively and explained that the developer must be in concurrence or the application can be tabled until the proper amendment to the ordinances can be made. There was further discussion regarding an ordinance require- ment and the particulars of this land donation. Mr. Ciklin clarified that they have no objections complying with the law like other developers. They agree to give 1.5 acres for the repump facility. They agree to comply with any ordi- - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 nance adopted by the City as it applies to all other develo- pers. They will do their fair share according to the ordinance. Without an ordinance, it has to be voluntary. They are willing to do something voluntary and will give up to seven acres in the northwest corner area. Councilman deLong moved to approve the unanimous recommen- dation of the Planning & Zoning Board with the applicant set asiding the three acres in the northeast corner of the pro- perty for city purposes and in the interim the City Manager will negotiate to have Mr. Ciklin sign an agreement where they will abide by any ordinances adopted by the City per- taining to this as long as it pertains to any other develo- pers in the City. Mayor Warnke referred to the two acres in the back and Mr. deLong replied that is included. Councilman Cassandra seconded the motion. Under discussion, Mr. Cassandra stated that he understands this motion is to approve the Melear request subject to the Board's comments and that the property on the northeast corner amounting to three acres will be dedicated to public usage in conjunction with the 1.5 acres for the water repumping area and in the meantime, we will generate an ordinance confirming this public usage. Mr. Vance clarified that Mr. Ciklin in speaking for his client indicated if the City adopts an ordinance within the next calendar year requiring a donation of land and/or money for public facilities, that his client in coming into the City will comply with such an ordinance if adopted within one year and his client will not argue regarding the loca- tion of that land with regard to the PUD application pending here tonight. Mr. Ciklin clarified that if there is a law saying they have to dedicate or contribute, they will be happy to do that providing it applies equally to everybody. The City is saying they are to dedicate three acres and the land should be in a certain corner and that is not fair. They will agree to any law which is uniform for the City. He does not think it is fair to back the law into what they have done. If an ordinance is adopted within the next calendar year and it applies to everybody, they will go along with it. Mr. Vance referred t° adopting the necessary ordinance in about six weeks with proper notices and Mr. Annunziato advised it would take about eight to twelve weeks. Mr. Vance suggested postponing this application pending review whether the City would like to adopt this type of ordinance. Mr. Cassandra removed his second and Mr. deLong removed the original motion. Mr. deLong moved along the lines as the City Attorney has suggested to lay this REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 question on the table. Mr. Vance added that advertising could be waived by picking a date and Mr. Cheney advised that by laying it on the table, it is not necessary to re- advertise. Mr. Cassandra then seconded this tabling motion. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 4-0. Mr. Ciklin requested to be able to participate in the ordi- nance preparation and Mr. Vance replied he would be happy to have him participate. Mr. deLong clarified that this motion takes care of both applications and Mr. Vance agreed. CONSENT AGENDA (Continued) Approve expenditure of funds for Councilman Wright to attend Assembly on Change, Challenge and Response - Meeting Florida's Future - Tampa, FL, October 19-21 Councilman Cassandra referred to being concerned about busi- ness meetings and stated he would neglect his responsibility if he did not bring this up for discussion. He would have liked Councilman Wright to be present. He is under the impression this assignment is picked by the League and not the City. Mr. Cheney informed him that the appointment to the task force was by the President of the League and expen- ses on task force meetings to date have been paid for by the League. This is a special meeting called by the Governor and a variety of people have been asked to be represented. Councilman Cassandra continued that his concern is this Change, Challenge & Response Meeting in Tampa will be broken into six groups and he can only attend one group. The groups will discuss individual topics. Then, they come together and vote on the particular directions which they recommend. His concern is if someone represents us, the area they go into should be decided by the Council. He thinks it would be the wrong direction for an individual to go and pick a topic for his self-knowledge. Also, as far as Councilman Wright's justification for going with this being the last one for this calendar year, he believes that is an oversight as he has gone twice for the new fiscal year. We should be concerned about the expenditures. Councilman - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Wright will be going to Orlando with the Mayor and he is now requesting to go to Tampa with this group and he can only sit in on one topic. There is a meeting in Riviera Beach covering some of this and Mr. Wright submitted some infor- mation from a meeting he attended September 13 relative to this. He is concerned the net benefit for this City for this particular business meeting is not as great as it implies. Mr. Cheney advised this is a meeting where state and regional interests are going to set policy for the next legislature versus city and county interest. He doesn't think the particular topic is as important as the emphasis on the entire report addressing the entire state. Mr. Cassandra stated he thinks the city representative should meet with the Council to determine our feelings to vote as our representative. Councilman deLong referred to cutting down expenses and there being too much travelling and told about previously making arrangements to sign a bond issue in Lake Worth rather than flying to New York. If these things are to be curtailed, he would like to see the Mayor be the represen- tative of this City and if he cannot make it, it should be the Vice Mayor. A decision should be made whether to con- tinue to support these trips out of town. Mr. Zimmerman added that the Mayor has been attending the local meetings and he thinks he would be more qualified to represent us if we decide to send someone. Mayor Warnke questioned whether it was cost effective to have the City represented and Mr. Cheney replied affir- matively for this meeting, but we did not have the oppor- tunity to select our delegate. The Mayor could probably have that opportunity. Mr. Cheney stated that if we want to complain about actions in Tallahassee, we must participate. Mr. Cassandra agreed that the lobbying concept is fine. Mr. Cheney clarified that this is part of the lobbying effort. Councilman Cassandra stated he is torn between listening to the City Manager's argument on being involved, etc., but he is also concerned about expenditures for the City. He moves that we do not attend this meeting in Tampa on October 19 covering the topic of Change, Challenge & Response - Meeting Florida's Future. Mr. deLong seconded the motion. No discussion. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Councilman deLong - Aye Mayor Warnke - Nay Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 3-1. DEVELOPMENT PLANS Approve preliminary plat of replat of Tracts 2 and 3 of Golfview Harbour Estates, submitted by Norman Michael, President of Milnor Corporation, to replat to provide for the construction of a new unit type and modified recreation at Golfview Harbour Estates Mr. Annunziato informed the Council this is a modification for units with garages and the parking lot areas become dri- veways. The applicant has agreed to the staff comments and the Planning & Zoning Board unanimously recommended approval as submitted. Councilman Cassandra moved to accept the unanimous recommen- dation of the Planning & Zoning Board subject to their com- ments on the preliminary plat of replat of Tracts 2 and 3 of Golfview Harbour Estates. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. Approve request to modify approved site development plans for Golfview Harbour Estates located on Congress Avenue at Southwest 25th Place, submitted by Norman Michael, President of Milnor Corporation, to provide for the construction of a new unit type, substitute recreation amenities and new building facades Mr. Annunziato informed the Council this is an accompanying item providing for modifications. The Planning & Zoning Board unanimously recommended this request for modification be approved subject to staff comments. This was also reviewed by the Community Appearance Board last night and approved. Councilman deLong moved the adoption, seconded by Mr. Zimmerman. No discussion. Motion carried 4-0. Approve site development plans for the construction of an 8,900 square foot warehouse to be located on S. W. 14th Place, south of S. W. 30th Avenue Mr. Annunziato explained the location. This went to the Planning & Zoning Board with a positive recommendation from the Technical Review Board. The Planning & Zoning Board - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 unanimously recommended approval subject to staff comments. This was also approved by the Community Appearance Board last night. Vice Mayor Zimmerman moved to adopt this site plan based on the recommendations of the Planning & Zoning Board subject to technical comments. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. Approve modification to approved site development plan for Hunters Run Golf & Racquet Club, Tract P, located on the north side of Summit Drive, east of Clubhouse Lane, sub- mitted by Charles N. Gilbert for Summit Associates, Ltd., providing for the modification to a previously approved~site development plan to provide for more villas and fewer apart- ments reducing the number of dwelling units from 60 to 48. To accommodate this revision, there will be a reduction in parking spaces from 88 to 58 and the density has changed from 2.72 to 2.45 dwelling units per acre Mr. Annunziato pointed out the location and added this reduction was a result of providing garages. The Planning & Zoning Board unanimously recommended approval subject to staff comments. The Community Appearance Board also recom- mended approval. ~ Councilman deLong moved the adoption, seconded by Councilman Cassandra. No discussion. Motion carried 4-0.' Approve modification to previously approved site development plan for High Ridge Nursing Home at Stanford Park submitted by Michael B. Schorah and Associates, Inc., located on the south side of Hypoluxo Road approximately 742 feet west of intersection of High Ridge Road to provide for the deletion of five parking spaces and change the radii at the entrance driveway Mr. Annunziato informed the Council this plan is for a nursing home which was approved as part of the Stanford Park PUD and he explained the location. This went to the Planning & Zoning Board with a positive recommendation from the City technical staff and approval is recommended. Also, the Community Appearance Board approved. Councilman deLong moved the adoption, seconded by Councilman Cassandra. No discussion. Motion carried 4-0. Approve request to construct Sunny Oaks Apartments located on S.E. 21st Avenue at S.E. 3rd Street, submitted by John Pagliarulo. This development provides for the construction of a two story, eight unit rental apartment complex on a 34,141 square foot site. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mr. Annunziato explained the location including the con- dition and exact location of streets in this area. The applicant is proposing to construct eight units plus ancillary facilities for laundry, office and storage. He explained the access to the site and parking area. The Technical Review Board recommended this application be approved subject to staff comments. The most critical com- ment was his recommendation supported by the Police and Fire Departments that 3rd Street be constructed from 21st Avenue northward to enhance circulation in this area to serve this property. There were also many other staff comments. The applicant feels this was an unwarranted request. The Planning & Zoning Board did recommend this application be approved subject to staff comments and the Community Appearance Board approved last night. Mr. John Pagliarulo, 3546 South Lake Drive, stated he does not disagree with many of the items recommended by the Technical Review Board, but thought there would be an alter- native to the requirement to complete S. E. 3rd Street, which is an expensive proposition. In reference to it enhancing traffic in the area, this is a problem the City has been living with for many years regardless what he does with the property. He explained how he has agreed to put an entrance to his property joining S. E. 20th Court for fire and police access. He would be willing to participate to the extent of improving S. E. 3rd Street to connect it to S. E. 20th Court. However, he thinks possibly this could be a joint venture with the City participating. He is willing to help solve this problem. Mayor Warnke asked if he was saying the city code requiring these accesses for fire and police is a problem which the City has? Mr. deLong replied that he made a study of this area and there is a problem which Mr. Pagliarulo did not create. There are ways to solve it and he does not agree this man should bear the total amount of the expense. The property owners there could be assessed. It will be to the City's advantage to have the road cut through. The City will benefit and the land will be developed. Mr. Cheney clarified that he was talking about a special assessment project. This would require an ordinance with a public hearing and the people who own property there would have the opportunity to speak in reference to an assessment. Mr. deLong agreed and added that we have had other assessment projects, and there are provisions in the charter and code. Mr. Cheney stated if Mr. Pagliarulo does not want to pay the price to develop this land, maybe it should not be deve- - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 loped. We are looking at a tight situation on money. Mr. deLong clarified that this wouldn't be paid for by the City, but by the people owning property along the street. Mr. Cassandra referred to the undeveloped condition in this area and stated this land could be developed and we have a chance to get something on the tax roll. The City has an access problem now with the land not being developed. He agrees it would be nice to have a circular route, but it would be for the people who live there and not the appli- cant. The applicant has suggested a compromise to donate half. He feels the people should pay their share for deve- lopment in this City. It would be a 50/50 compromise with a special assessment. Mr. Cassandra moved for the Council's consideration that we do go with the compromise plan of the applicant footing half the bill and going through the necessary legal steps of spe- cial assessment in this area from 21st Avenue to 20th Court. Mr. Cheney clarified that it would be half the cost of both streets and Mr. Pagliarulo clarified that he would agree to extend 20th Court to the entrance of his property and he is actually talking about approximately 200 feet of S. E. 3rd Street which needs to be paved. Mr. deLong seconded the motion. Under discussion, Mr. Cheney asked if he would pay for half the cost of the two streets and Mr. Pagliarulo clarified that he would pay half the cost of S. E. 3rd Street only. Mr. Annunziato advised that the Technical Review Board felt this recommendation was reasonable and he feels this road should be under construction in connection with this project. This project should not go ahead without it. Mayor Warnke stated the motion is to approve this subject to construction of the road and assessment of property on a 50/50 basis. Mr. Vance advised the building permit could not be issued until the City goes through the procedure for assessment. Mr. deLong remarked the City would have to come up with the front money until liens are placed on proper- ties. He told about the system used previously with assessments. Mr. Cheney clarified that the building permit is dependent on getting the road worked out. Mr. Pagliarulo stated he does not understand what S. E. 3rd Street does for him. He believes his obligation to the people living in that area would be to get police and fire protection to his property and this is accomplished. The paving of S. E. 3rd Street does not do anything for access to his property. He would like a decision so he can go ahead with his project and discuss S. E. 3rd Street at a later date. Mr. deLong replied that he would not be - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 restricted from going ahead as the City can always put liens on property for payment. Mayor Warnke clarified that it has been moved and seconded to approve this request to construct Sunny Oaks Apartments subject to staff recommendations and S. E. 3rd Street being constructed with the funds to be split by the developer and property owners fronting on that street and the proper steps to be taken to prOvide an ordinance with public hearings. Mr. Cheney referred to the original statement including that the building permit is dependent on getting the road worked out and Mr. deLong replied that we will do the same thing with the applicant as with the people across the street. Mr. Cheney referred to the possibility of something hap- pening and the construction of the street not proceeding and Mayor Warnke added that we may not get the assessment through. Mr. deLong stated that the people may object, but we can still put an assessment through according to our legal authority. Mr. Cheney requested direction regarding the building permit and Mayor Warnke replied that he didn't see any reason why the building permit could not be issued. Mr. Cassandra agreed there should be no reason why the applicant should not start construction. Mayor Warnke added that the City Attorney will go ahead with the proper steps for the assessment roll. Mr. Vance advised this process will probably take some period of time to complete. Mr. deLong agreed and added that is why the developer should not be held up. Mr. Cheney recommended that Mr. Cassandra's original proposal to work out the road situation before giving a building permit unless the Council is willing to risk the possibility that the City will pay for the entire road or have no road at all. Mr. Cassandra stated the City will not pay for the entire road as the developer will pay half of 3rd Street. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 4-0. Approve site development plans submitted by Julian T. Bryan III for Willowbrook at the Meadows Tract "A" of Meadows 300 PUD located on the S.W. corner of Congress Avenue and Meadows Blvd. These site development plans provide for the construction of 31 fourplex, one story residential units on 15.8 acres - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mr. Annunziato informed the Council that they previously approved a site development plan approving two stories and this is for one story units. The Technical Review Board recommended approval subject to staff comments. The Planning & Zoning Board unanimously recommends approval sub- ject to staff comments. The Community Appearance Board reviewed the plans and approved last night. Mr. deLong moved to accept this recommendation, seconded by Mr. Zimmerman. No discussion. Motion carried 4-0. Approve site development plans submitted by Julian T. Bryan III for Meadows 300 - Private park located on the west side of Congress Avenue on Meadows Blvd. This private park con- sists of a 2,000 sq. ft. recreational screened-in building, tot-lot, barbeque facilities, tennis court and parking faci- lities Mr. Annunziato advised that a few years ago, the applicant modified the master plan to provide for two recreation faci- lities. This went to the Planning & Zoning Board with a positive recommendation from the City technical staff. The Planning & Zoning Board recommends approval subject to staff comments. It was also reviewed and approved by the Community Appearance Board. Councilman deLong moved to approve the recommendations, seconded by Councilman Cassandra. Under discussion, Mr. deLong asked if the screened-in building is okay and Mr. Annunziato replied affirmatively. Motion carried 4-0. Approve request for retroactive extension - Glenhurst Developments, Inc. Mr. Annunziato stated this is a request for· a retroactive extension of the expiration date for Glenhurst Developments, Inc. This request is for the extension of the site develop- ment plans for the Executive Plaza Office Building located on Ocean Drive east of Congress Avenue. As the zoning and comprehensive plan policies related to this site have not changed since the approval of this plan, he recommends that the applicants receive a six month extension retroactive to July 20, 1983. This will allow the developers ample time to prepare the plans and documents necessary to secure the necessary permits prior to expiration. Mr. deLong moved to approve this recommendation, seconded by Mr. Zimmerman. Under discussion, Mr. Cassandra asked if there is a city policy where requests are not renewed, they just die and the applicant has to go through the whole pro- cess with a fee versus the extension concept and Mr. Cheney REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 replied that there are some. Mr. Annunziato advised there was a change in concept in Tract A and they resubmitted. Mr. Cheney added that we have granted extensions during the past few years because the reason for not going ahead was based on the economy and it was beyond the applicants' control. In the future, the Council may decide where the concept is not good and they may not want to extend. Motion carried 4-0. At this time, Mayor Warnke declared a recess and the meeting was reconvened at 10:15 P. M. LEGAL Ordinances - 2nd Reading - Public Hearinq Proposed Ordinance No. 83-25 - Re: Adopting the Aggregate Millage Rate Mr. Vance read proposed Ordinance No. 83-25 in its entirety, entitled as follows, including the number 5.7239 to be filled in on Section 1 and 6.19 to be filled in on Section 2: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING THE AGGREGATE MILLAGE RATE TO BE LEVIED AGAINST PROPERTY OWNERS WITHIN THE CITY FOR THE 1983-1984 FISCAL YEAR; PROVIDING THAT THE CITY MANAGER SHALL HAVE THE AUTHORITY TO ADJUST THE AGGREGATE MILLAGE RATE UPON RECEIPT OF THE FINAL TAX ROLL; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody wished to speak either in favor or against this ordinance adopting the aggregate millage rate and declared the public hearing closed. Councilman deLong moved adoption of proposed Ordinance No. 83-25 on second and final reading, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Ordinance No. 83-26 - Re: Adopting the Final Budget for 1983/84 - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mr. Vance read proposed Ordinance No. 83-26 in its entirety and inserted the following figures: Section 2 - $12,824,179.00 Section 3 - $ 5,499,039.00 Section 4 - $ 789,431.00, 1,710,621.00 2,500,052.00 Section 5 - $ 50,550.00 Section 6 - $ 128,000.00 Section 7 - $ 487,244.00 The title of this ordinance states: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak for or against proposed Ordinance No. 83-26 and received no response. Vice Mayor Zimmerman moved to adopt Ordinance No. 83-26 on second and final reading, seconded by Councilman deLong. Under discussion, Mr. Cassandra noted the number for utili- ties is the maximum which will be discussed further on October 17 and Mr. Cheney agreed this figure is the same as they had last night and it can be increased or decreased. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Mayor Warnke - Aye Motion carried 4-0. Proposed Ordinance No. 83-27 - Re: Amendment to Sign Ordinance Mr. vance read proposed Ordinance No. 83-27 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 21, SIGNS, SECTION 21-16. SPECIAL SIGNS, OF THE CODE OF ORDI- NANCES, CITY OF BOYNTON BEACH, FLORIDA, TO ADD A NEW SECTION 21-16 (c)(6) TO PERMIT THE PLACEMENT OF A SIGN IN THE PUBLIC RIGHT OF WAY BY A RESIDENTIAL DEVELOPMENT OF TWENTY-FIVE (25) UNITS OR MORE NOT FRONTING ON A MAJOR OR MINOR ARTERIAL STREET UPON APPROVAL BY THE CITY COUNCIL AFTER RECOMMENDATION OF - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 THE PLANNING AND ZONING BOARD, THE TECHNICAL REVIEW BOARD AND THE COMMUNITY APPEARANCE BOARD; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody wished to speak on proposed Ordinance No. 83-27 on final reading and declared the public hearing closed. Councilman deLong moved adoption of proposed Ordinance No. 83-27 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 4-0. Proposed Ordinance No. 83-28 - Re: Approval of Satellite Dish Antennae Mr. Vance read proposed Ordinance No. 83-28 by title on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 4. GENERAL PRO- VISIONS, OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO ADD A NEW SUBSECTION M. SATELLITE DISH ANTENNAE; PROVIDING FOR THE REQUIREMENT OF A PERMIT PRIOR TO INSTALLATION, REMOVAL OR MODIFICATION OF A SATELLITE DISH ANTENNAE; PROVIDING STANDARDS FOR THE INSTALLATION OF SATELLITE DISH ANTENNAE TO SERVE SINGLE FAMILY OR DUPLEX HOMES; PROVIDING SETBACK RE- QUIREMENTS AND SCREENING REQUIREMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anybody wished to speak on proposed Ordinance No. 83-28 and received no response. He then declared the public hearing closed. Mr. deLong moved the adopti~ of proposed Ordinance No. 83-28 on second and final reading, seconded by Mr. Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Councilman deLong - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 4-0. Proposed Ordinance No. 83-29 - Re: Amend Future Land Use Element - Yachtman's Cove Mr. Vance read proposed Ordinance No. 83-29 by title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL TO MODERATE DENSITY RESIDENTIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak for or against this ordinance and received no response. He then declared the public hearing closed. Mr. deLong moved the adoption of proposed Ordinance No. 83-29 on second and final reading, seconded by Mr. Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Ordinance No. 83-30 - Re: Rezoning - Yachtman's Cove Mr. Vance read proposed Ordinance No. 83-30 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM C-3 (COMMUNITY COMMERCIAL DISTRICT) TO R-1AA (SINGLE FAMILY RESIDENTIAL DISTRICT) AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak and received no response. He then declared the public hearing closed. Vice Mayor Zimmerman moved to adopt Ordinance No. 83-30 on second and final reading, seconded by Councilman deLong. No discussion. Mrs. Boroni then took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 4-0. Ordinances - 1st Reading NONE Resolutions NONE Other Review of material from City Attorney - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital v. City of Boynton Beach Mr. Vance referred to submitting a memo to the City Council on September 12 conveying a cover letter from the Bethesda Memorial Hospital's attorney together with a proposed stipu- lation and exhibits attached to the stipulation and stated he would be glad to answer any questions. Ms. Kimberly Veronika Barenz, 1970 S.W. 24th Circle, referred to receiving copies of the propQsed stipulation and correspondence and stated she addressed the Council in June as well as the Building Department and Mr. Cheney with regard to a matter of great concern to the people residing in this area. As requested by the concerned people in this area, she intervened in the lawsuit and no decision has been made yet even though the hearing was in June. The stipula- tion consists of four pages with various attachments. Mr. Vance participated in this matter, so it was a stipulation worked out by the City and hospital. She contends this sti- pulation Will put the City in an untenable position at this - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 time. There is a lawsuit pending. Bethesda Hospital wants PUD zoning right in the middle of the land where the people live which she represents. The land in question would enlarge Bethesda Hospital from their present boundaries all the way to S. W. 23rd Avenue. By signing a stipulation by this City Council, even though it states it is contingent upon processes being followed, leaves this City out on a hanger where they can be sued. The original request from the hospital encompassed only the lots on the south side of Benson Heights. Sometime in the process, the hospital also contracted to purchaSe lots to the north of the site. The land being discussed is not even land which is the subject of the lawsuit. This is talking about twice as much land as included in the lawsuit. T!he land this City would be stipu- lating to put through the PUD process is not part of the stipulation. Ms. Barenz read paragraph 5 and stated she understands the City's reluctance to engage in lengthy lawsuits, but since when does any municipality vested with statutory rights given by the state have to go to court to have their police power overseen? She has never heard of a case where it starts out with five parcels of land and gets settled with ten parcels of land. The court does not have jurisdiction over these additional parcels. How can the court approve this stipulation? Promises could be made which would be very difficult to keep at a later date. Ms. Barenz stated there is still the legal cloud of a plat existing in Benson Heights with no mention of abandoning it. There are two houses which will not have the use of an adja- cent street for ingress and egress. What about the existing street? According to the comprehensive plan, this is public use and PUD zoning is not in conformity with the existing plan. This would be spot zoning with being located in the middle of two residential neighborhoods. Ms. Barenz told about the City and hospital having zoning disagreements in previous years and stated this headache will not go away. She thinks this stipulation is very binding with the court having to approve the final action. The City does have police powers and can deny petitions for rezoning. The hospital is an applicant, the same as others and should not be given special treatment. She thinks to try and solve a problem by creating more problems is not solving the problem. Possibly there is a way to settle the lawsuit, but they cannot circumvent the voluntary right of the people to come in and air their complaints and they should not jeopardize their own creditability by not going through the established procedures in the code book. - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Mayor Warnke informed her that the Council was not making any final decision here tonight, but are just reviewing the material submitted by the City Attorney and discussing it. Mr. Vance clarified that the good faith referred to by Ms. Barenz only appears in the stipulation one time and merely states the City should act in good faith on the hospital PUD. It states the hospital should go through a PUD appli- cation with all parties giving input. There will be an ori- ginal application for a PUD covering all the property. Mr. Vance stated in reference to court approval, this was at the request of the neighbors to have any final agreement approved by the court. Mr. Robert Foote, 2400 S. W. 1st Street, referred to the hospital making no reference to a radiology complex, but stated they are pushing to get going with this stipulation because they have a certificate of necessity expiring November 1. He does not think the City should hurry to meet their poor planning. The stipulation has some nice things in it for the neighborhood, but never recognizes the fact of moving into a residential area or refers to the comprehen- sive plan. Nowhere in the stipulation does it refer to the total number of parking spaces. According to the plans, 671 parking spaces would be added. Are 671 additional spaces needed for a 450 bed hospital? Previous setbacks of 40' plus 65' and 40' plus 95' were stated previously, but now they are talking about a 40' setback. He thinks the hospi- tal wants the Council to go along with more than they thought they could get in the past. He then told about the dangerous situation on S. W. 2nd Street and a recent acci- dent. He clarified that there is much which would have to be done in the stipulation or an application which would satisfy the neighborhood. Also, the hospital should do something about S. W. 2nd Street. Councilman deLong clarified that the original procedure would be to send these plans to the Planning & Zoning Board and Mayor Warnke agreed. Mrs. Noreen Engelland, 141 S.W. 25th Avenue, referred to the plans from the hospital changing at every meeting and stated as a neighbor, she doesn't know what to believe what they want. Councilman deLong replied that he thinks he knows what they want and that is they won't rest until everybody who has a home there moves out. Mr. Joel Strawn, attorney for Bethesda Hospital, stated at the last time they made their presentation, it was the hospital's hope the Council would adopt that plan and it - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 would be finalized in the stipulation and presented to the court and be over. This was unacceptable to the City admi- nistration and City Attorney. It was his feeling they had to go through the entire PUD process. There will be normal hearings with input from the City staff and neighbors. It would be presented to the Council for a vote after going through the process. Mr. Strawn stated in reference to including final approval by the court in the stipulation, they would be happy to delete that. He explained how this was included in the interest of the residents. The stipulation identifies the plan they have; the plan has not been changed in the recent past. The hospital will abide by this plan. Mr. Strawn then referred to the comment about the hospital coming in like other residents and stated the hospital receives its money largely through tax donations. For two public combatants to spend public money in court or for the hospital to spend a considerable amount to have plans, engi- neering work, etc. to meet PUD requirements, he believes the City Council should give an indication where they are going. If they are not prepared to go along with this stipulation, his conclusion is they feel there is no use the hospital can put to this property. If they feel there is some reasonable use the hospital could make of this property otherwise than a small building and parking, they are ready to sit down and hear what the City thinks is fair. Councilman Cassandra clarified that Exhibits 2 and 3 with the radiation building must be included with this stipula- tion as far as acceptance or non-acceptance and Mr. Vance agreed this was correct as it was presented as a package. Mr. Cassandra continued that a radiology therapy building is needed, but he doesn't think additional parking spaces are needed. He read the stipulation and there are things included which he doesn't like personally. He doesn't like the implication the injunction will be removed after we approve the PUD. The impact on the residents' homes must be considered. He personally measured the parking lot and believes two more rows could be put in. If this PUD request is because of parking needs, he feels there is still parking available in the present location. He found nothing in the offer to change his thinking. Mr. Vance clarified that a lawsuit is pending. At this point, the court has ruled this will be a balancing of interests. We can continue to litigate the lawsuit and if the Council directs, he will do his best. What we have is an offer by the hospital based on directions from the City Council. This provides that the hospital come in with a PUD - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 application to go through the full process of City reviews. The Council would vote on approval of the PUD. If denied, they can go back to the lawsuit. Councilman deLong asked if the procedure is to come before the Council and refer to the Planning & Zoning Board and Mr. Vance informed him in this instance, the procedure would be for the City Council to vote to either sign the stipulation or not sign it. If they sign it, the application will be submitted by Bethesda Hospital to the Planning & Zoning Board. Vice Mayor Zimmerman moved to sign this stipulation and move to put the process of getting this settled through the proper City channels as designated in the stipulation with special emphasis on settling the traffic problems, which he thinks are great. Mayor Warnke passed the gavel to second the motion. Vice Mayor Zimmerman clarified that it has been moved and seconded to sign the stipulation and agree to send a PUD application through the proper procedures with special emphasis to settle traffic problems. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Nay Councilman deLong - Nay Mayor Warnke - Aye Motion tied 2-2. Councilman Cassandra suggested giving directions to the City Attorney to proceed with the lawsuit or not as he thinks this should be cleared up. Councilman deLong replied that the only way to clear this up is to get it into the courts for a final decision. Mayor Warnke stated he voted in favor as he is convinced to vote for the majority of what is best for all citizens and he has received many cards. Mr. deLong stated he is concerned with the people living within 400 feet of this facility. Mayor Warnke told about it being difficult to find a parking space at the hospital. Mr. Vance advised that no further action is needed as the lawsuit will proceed. Approve proposed amendments to the zoning ordinance which provide for modifications to Section 1, Definitions and Section 8Al, M-1 Use Regulations, and the addition of Sections 4M, General Provisions, 11.1 Non-conforming Uses and 11.3, Environmental Review Permits Mr. Zimmerman moved to instruct the City Attorney to prepare an ordinance for first reading with a subsequent public - 32 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 hearing. Mr. deLong seconded the motion with the suggestion to send a letter of thanks for a good job done. No discussion. Motion carried 4-0. OLD BUSINESS Review and Acceptance of Report from Chamber of Commerce regarding allocation of City Funds Councilman deLong questioned who had requested this and Mr. Cheney informed him it was requested last year with reports to be submitted throughout the year. Mr. deLong moved that the report be accepted and placed on file and the additional money be released, seconded by Mr. Cassandra. No diScussion. Motion carried 4-0. Consider Amendment for Handicapped Section to City's Building Code Mr. deLong moved to accept this amendment and instruct the City Attorney to prepare an ordinance, seconded by Mr. Zimmerman. No discussion. Motion carried 4-0. NEW BUSINESS Acceptance of Youth Association Donation Mr. deLong moved to accept this donation with thanks and send the appropriate letter, seconded by Mr. Cassandra. discussion. Motion carried 4-0. No ADMINISTRATIVE Consider appointing one member to Boynton Beach Housing Authority (Tabled) Mr. deLong moved to have this remain on the table, seconded by Mr. Cassandra. Motion carried 4-0. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Zimmerman. Motion carried 4-0 and the meeting was properly adjourned at 11:15 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor - 33 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1983 Vice Mayor Counci iran ATTEST: ' - j" J City Clerk R cOrding Secretary (Four Tapes) Councl lma~ - 34 - AGENDA September 20, 1983 CONSENT AGENDA - ADMINISTRATIVE e e Approval of Bills: Abraham Chevrolet, Inc. Pick Up Truck for Bldg. Maintenance Pay from General Fund ............... $10,596.86 Pay from Fed. Rev. Sharing 966.00 State Contract No. 070-000-83-1 Board of County Commissioners Use of County Landfill for month of August, 1983 Pay from General Fund---001-341-534-40-9A Davis Water & Waste Industries, inc. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 Frankford Arsenal, Inc. 2 Swat Carbines per specifications for Police Dept. Pay from Fed. Rev. Sharing---320-211-521-60-42 Per bid 6/10/83, Council approved 6/21/83 Garden Store P.O. ~57542 Partial Payment for Swale sodding Group III areas per specifications. Pay from General Fund---001-411-541-60-3P Per bid 7/22/83, Council approved 8/2/83 IBM Corporation Rental for September, 1983---System 34 Pay from various accounts in General Fund Koblar ConstructQrs & Engineers Est. 913 1 MG Storage Tank & Booster Station Pay from Utility Cap. Improve. Fund---404-000-169-01-00 Nalco Chemical Company For Nalco 918 and Nalco ~1 Sodium Aluminate Pay from Water & Sewer Revenue---401-332-533-30-65 $ 11,562.86 17,240.00 16,172.00 1,114.00 1,239.30 7,251.00 36,831.04 29,757.40 -2- 10. 11. 12. Daniel O'Connell General Contractor, Inc. Golf Course Construction from 8/1/83 to 8/31/83 for Clubhouse Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 ~anqer Construction Industries, Inc. Type II Asphalt for street resurfacing Pay from General Fund---001-411-541-60-3N S. I. Lime Lime for Water Treatment Plant Pay from Water & Sewer Revenue---401-332-533-30-65 South Central Regional Wastewater Treatment Board 13. 14. 15. 16. 17. Services in the treatment and disposal of wastewater for the month of ~August, 1983. Pay from Utility General Fund---403-000-169-11-00 Wallace & Tiernan Repair parts for slaker (lime system) Pay from Water & Sewer Revenue---401-332-533-40-33 Brown, Wood, Ivey, Mitchell & Petty For services rendered in connection with $1,750,000 Recreational & Municipal Beach Facilities Bond Pay from B.B. Recreation Facility Constr. Fund 303-000-169-33-00 Russell & Axon Professional services rendered on various projects Pay from Utility General Fund 403-000-169-01-00 $13,282.37 403-000-169-11-00 9,166.30 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Fed. Rev. Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Fed. Rev. Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 $ 26,981.00 32,298.49 9.658.10 64,088.00 1,488.6! 7,500.00 22,448.67 126.~6 COUNC ,L A PROYF RUSSELL & AXON Established in 1920 Engineers · Planners · Architects Incorporated Mr. Peter L. Cheney, City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 September 12, 1983 STATEMENT Summary of Russell & Axon Invoices for Professional Services for City Council Approval. For Miscellaneous Engineering Services Invoice No. 103 - 626-681-01-4 - Professional Services Authorization dated 12/9/78 For Wells 17 - 22 & Raw Water Main Invoice No. 3 - 626-681-60-3 - Professional Services Authorization dated 9/19/80 For Wells 17 - 22 & Raw Water Main Invoice No. 9 - 626-681-60-6 - Resident Inspection Authorization dated 9/19/80 For PS & FM - San Castle/St. Andrews Invoice No. 3 - 626-681-62-3 - Professional Services Authorization dated 5/6/81 - 75% Reimbursable from EPA For PS & FM - San Castle/St. Andrews Invoice No. 3 - 626-681-62-6 - Resident Inspection Authorization dated 5/6/81 75% Reimbursable from EPA $ 2,087.73 $ 4,035.98 $ 9,246.39 $ 1,655.41 $ 5,423.16 GRAND TOTAL THIS STATEMENT $22,448.67 TCB/er cc: Perry A. Cessna Betty Zobel - Finance R&A Files COUNCIL APPROVED: Meeting:. 110 EAST ATLANTIC AVENUE · SUITE 414 W · DELRAY BEACH, FLORIDA 33444 -3- The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. ann, Finance Director therefore recommend payment of these bills. et~e~r~L~-~Che~ney,~~City Manager COUNCIL APPROVED: Meetin~ ~ ADDITIONS C I T Y OF B 0 YN T ON BEACH REGULAR CITY COUNCIL MEETING AGENDA September 20, 1983 7:30 P.M. Vm CONSENT AGENDA I. Approval of Bills Metric Engineering - Cherry Hills Street Improvement Allen Insurance Agency - AnnUal Rerate of Fire Insurance Blanket Coverage Pantropic Power Products - New Caterpillar Model 3406 TA Diesel Generator Set $ 7,560.00 $42,319.00 $36,000.00~ J. Approval of Palm Beach Leisureville Annual Bazaar Signs