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Minutes 08-02-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 2, 1983 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor NiCk Cassandra, Councilman Joe deLong, Councilman Samuel Lo Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk William P. Doney, Assistant City Attorney Mayor Warnke called the meeting to Order at 7:30 P. M. He announced the Invocation tonight will be given by Rev. Logan Whelan, St. John's United Methodist Church, followed by the Pledge of Allegiance to the Flag. He requested everyone to please rise. AGENDA APPROVAL Mayor Warnke stated he would like to add under Legal, Item C-6, Discussion of resolution on train whistles. Councilman Cassandra stated he would like to add under City Manager's Report some requests he would like to make. He would like to extract from the Consent Agenda Item A-2 for discussion purposes. He would like to add under Legal - Other, Item D-3, Community Redevelopment Agency. Mr. Cheney stated he has two things he would like to add. Under Consent Agent, Item L, an additional bill for payment on the current well drilling program to Alsay-Pippin Corp. and under Administrative, Item D, a proposal for the pistol range. Mr. deLong moved the adoption with the additions, seconded by Mr. Cassandra. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced there is a budget hearing which shall be held on September 1 for the tentative budget of Boynton Beach instead of August 30 as previously announced. That hearing, because of having a conflict with a county hearing, is being moved to September 1. MINUTES Regular City Council Meeting Minutes of July 19, 1983 Councilman deLong moved for adoption as submitted, seconded by Councilman W.right. Motion carried 5-0. CITY MANAGER'S REPORT Mr. Cheney stated in addition to the Mayor's announcement that there will be a budget public hearing on September 1, REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 the second required public hearing will be on September 19. We are required by state law to have two public hearings. Following the meeting on September 19, we will be adopting ~ the budget at the next regular meeting. Both meetings will be held at 7:30 P. M. in the Council Chambers. During the past two or three years, we have had hearings on a Saturday, thinking it was a time which would not interfere with other events; but this year since the logical Saturday would fall on Labor Day weekend, we have scheduled it in the evening. Mr. Cheney announced that out of the 800 allowed golf course permit holder positions, we have sold 794. We have reCeived 3/4 payment of $375 for each of the 794. We have a waiting list of about 300. We have written to about another 25 people in order to fill the last positions. Mr. Cheney referred to the parking lot finally being landscaped and reported that it is anticipated the striping will take place within the next few days and curb stops will be installed. We will be back to using our own parking lot before the school opens for their fall schedule. Requests from Councilman Cassandra Mr. Cassandra stated he would like Mr. Cheney for the September 6 meeting to have a written or verbal report of what Russell & Axon performs for us as far as consultants. At the Community Appearance Board meeting last night, he found it disturbing to have them representing the City on landscaping. Mr. Cheney informed him that they don't repre- sent us on landscaping unless it is a particular project they designed. Mr. Cassandra advised that it involved a lift station and the Chairman of the Community Appearance Board recommended sprinklers and landscaping and the repre- sentative from Russell & Axon agreed, but said it would involve a change order. He would like to know what they do for us. Mr. Cheney responded that he has had two or three requests from the Council relative to Russell & Axon's responsibilities, kinds of work they do for us, kinds of work they have done for us, and the kind of work they can do for us in the future and he is in the process of assembling a written report. Councilman Cassandra stated if it is possible, he would like to have a breakdown on Florida Power & Light Co. costs per day for our parks' usage on lights. We have 14 to 16 parks and have night light usage at several of them. Councilman Cassandra stated for edification purposes, he would like to know how much the golf course has cost us to date. He knows we have gotten a $4,000,000 bond. Are we REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 far away, approaching it or what? Mr. Cheney replied that he didn't recall how much we have spent, but it is within budget. It has not cost the City anything. Mr. deLong clarified that the up-front money which was borrowed has been repaid and Mr. Cheney agreed. Mayor Warnke stated that all the contracts which have been given to Russell & Axon have been approved by the City Council, but he can understand Mr. Cassandra's concern about where the money is going. Over the past few years, we have been paying Russell & Axon $5,000 per week. Mr. Cheney stated that some is city money and some is not. Mayor Warnke disagreed and advised that he was considering only city money as he deducted the amount from developers. Mr. Cheney stated that a report will be submitted. In reference to the lift station, they were hired to do everything rela- tive to that project to meet all codes. Mayor Warnke added that everything Russell & Axon has done is done very well, but he thinks the point is well taken that this should be looked into in the future. Mr. deLong agreed that this is long overdue. PUBLIC AUDIENCE Mayor Warnke announced if any person has anything to say to the City Council which is not on the agenda, they are free to come forward to the podium and give their name and address. Those who wish to speak on any item on the agenda, please give their name to the City Clerk and they will be called upon at the time that item is discussed. Identification Sign for Chanteclair Villas Mr. Harry Cohen, 1616 Palmland Drive, stated about a year ago, they made a request for improvements and beautification of the Chanteclair development. While all requests have not been fulfilled to date, he would like to thank the past and present Council and City Manager for their advice, time and cooperation given. However, delivery persons, friends, relatives, interested and prospective owners have had a dif- ficult time locating them. They reside in a hidden deadend community not visible from Congress Avenue. It is almost impossible at night to locate Charter Drive. They would like to erect a sign on the island on Charter Drive. The regulations and ordinances should not restrict the right of residents of having property rights like others in Boynton Beach. They are awaiting a favorable decision to be allowed to erect a sign giving them the identification they need. Councilman Cassandra stated that he feels the Chanteclair/Palmland Drive people are entitled to some iden- - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 tification. Along Congress Avenue from Hypoluxo Road to Hunter's Run, there are signs for developments. Chanteclair Villas are located in back of Congress Avenue and will now be in back of the nursing home. He feels they should be entitled to some identification. He personally would like the Council to consider a motion to grant a variance if it is proper, unless there is a procedure. Mr. Cassandra made a motion to grant the Chantelcair/ Palmland Drive people their identification in the form of a sign on city property. Mr. deLong seconded the motion. Under discussion, Mr. deLong requested the City Attorney to decide whether this is the proper procedure. Mr. Cassandra stated that he knows they need a variance as the code has a questionable definition about this sign on city right-of- way. The Chanteclair people are willing to pick up the expense and will maintain it. It will be done pro- fessionally. Mayor Warnke asked the City Attorney whether or not the Council should grant this variance or if they should go through the regular procedure. Mr. Doney advised that he believes the regular procedure should be followed with a permit being applied for. There may be a point where a variance could be granted. Mr. Cassandra agreed that he did not want to circumvent the procedure. Mr. Cassandra then moved to advise Mr. Cohen to proceed to apply through the regular channels for their particular sign and he believes, at that time, they will be told if it is in compliance with the code and if there is a variance step to take. Mr. deLong seconded the motion. Mr. deLong added that it will come back to the Council for action. Under discussion, Mr. Zimmerman asked if any of the staff could tell us what difficulties there might be with the code in this situation and Mr. Cheney clarified that what is being suggested is they exhaust the administrative procedures. He is confident the application will be turned down. He is confident the existing sign ordinance does not give the right to grant a variance. This will be addressed when it comes back to the Council. The ordilnance must be amended or there is the potential for proliferation of signs in public rights-of-way for areas not on main thoroughfares. Possibly the ordinance can be amended to this uniqueness. He believes that would be the ultimate solution to the problem. Mr. deLong added he would think it would be appropriate there would be some flexibility in the ordinance whereby in emergencies or cases like this, we would be privileged in an exceptional use. Mr. Cheney continued that the problem with signs is that the sign ordinance should be tight in speci- fics or everybody will have special things for their signs. Maybe it can be developed in the ordinance to cover legiti- mate situations with criteria relating to developments which - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 people cannot find, so it does not relate to every industrial warehouse wanting a sign. Mayor Warnke clarified that it is not within the province of the City Council to amend the ordinance at this time. The motion is to have Chanteclair apply to the proper city departments and possibly the Board of Adjustment. Mr. Cheney advised there would have to be an ordinance amend- ment. Mr. deLong stated there should be a certain degree of flexibility in the ordinance. Mayor Warnke added this was discussed by the Community Appearance Board and they feel there should be some flexibility and they want more powers in their Board to rule on things affecting the appearance in the City. Councilman Wright questioned how soon a followup report would be submitted and Mr. Cheney replied that it depends on when they apply. Mayor Warnke clarified that they will apply and if they do not feel it is correct, they can go before the Board of Adjustment and then come back to us for an amendment in the ordinance. Mr. Cassandra clarified that the first step is the Chanteclair/Palmland DriVe people must submit their request. Mayor Warnke added that they must go before the proper City Boards before the ordinance is amended. Motion carried 5-0. Seacrest Boulevard Improvements Mrs. Dee Zibelli, 440 Ocean Parkway, Chairman of the North Boynton Community Improvement Association and Vice Chairman of the Cleanup Task Force, stated on July 5, she came before the City Council requesting monetary assistance for the design cost of Seacrest Boulevard. With the help of Commissioner Koehler, $150,000 has been tentatively granted by the County Commission. A good faith offer by the City would supplement that offer when the budget is finalized. Mayor Warnke informed her that this is on the agenda and he will call on her when the M.P.O. resolution is considered. Water Bill Discrepancy Mr. Gerald E. Vance, 131 S. E. 5th Avenue, referred to his water being shut off and having to remove the locks and stated his wife has been in contact with the Mayor and there is still a problem. Mayor Warnke replied that this is the first he has heard about this and asked if he had talked to any other people in the City? Mr. Vance stated that his wife has been handling this for months since October and - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 tonight his water was shut off and he has the paperwork. There is something wrong. Mr. Cheney stated that sometime ago, Mrs. Vance contacted former Mayor Trauger and answers were given relative to this situation. Mr. Vance disagreed and stated no answers were given. Mr. Cheney continued that he believes answers were provided at that time. Since that time, there have been one or two additional phone calls to his office from Mrs. Vance. He was not able to return her call today. He believes Mrs. Vance called him and not the Mayor and the complaint should be with him. There is a long involvement with the past due bill and he doesn't believe this is the place to discuss it. To cut off the locks is a violation of the law. Mr. Vance replied that if this is against the law, he should be arrested. Mr. Cheney suggested that this be discussed tomorrow as he does not have the paperwork with him. The bills have not been paid. Mr. Vance disagreed. Mayor Warnke referred to giving everybody a chance to speak, but stated this is between Mr. Vance and the Utility Department. Mr. Vance agreed to meet with Mr. Cheney tomorrow. Mayor Warnke added if it is not resolved, he may come back before the Council. Community Appearance Board Responsibilities Mr. Danny O'Brien, 2580 S.W. 10th Circle, referred to the establishment of the Community Appearance Board in 1973 and stated according to the intent of the ordinance, the Board should be working towards beautifying the City in matters of landscaping, architectural values and aesthetic looks. The City Council in the past few years did pass a landscape code and tree preservation code. The Community Appearance Board is now asking the City Council to implement a tool to be given to the Board through ordinances if necessary wherein they can manage the changing scenes in Boynton Beach, changes in old established buildings, those architectural changes Which are permanent. A change in use that has no major alterations does not come before the Community Appearance Board. Someone could take a school building and paint it orange, purple, etc. and nobody in the City has any right to make a judgment whether it is pleasing or keeping with the community design of the City. They would like some implementing tool, so that type of thing could not happen in the City. Councilman deLong referred to it being ten years since this Board was created and stated during that time, there has been no implementation of improvements or tightening of the ordinance. He agrees there have been some unfavorable changes made in some buildings. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Mr. deLong moved to turn this over to the City Attorney in conjunction with the Community Appearance Board to tighten up the ordinance. He added that he thinks the Board deser- ves all the support they can get from the Council. The Board has done a terrific job. Mr. Zimmerman seconded the motion. Under discussion, Mr. deLong continued that people come in and open a business and after doing a good job of landscaping, then somebody else comes in and removes the trees. He thinks the only way to be able to control the community appearance in the City is to have the Community Appearance Board follow up with what they have recommended and what has taken place. Nobody should have the authority to make changes on these properties outside of that particular Board. Other Boards have to be notified of these changes. Any change of colors, removal of trees, etc. should be reviewed and approved by the Community Appearance Board. Mr. Zimmerman questioned how this could be controlled and Mr. Cheney replied that it depends on what requirements there are before he can answer who will enforce it and he explained. Mr. deLong told about one business removing trees and changing the location of the sign. Mayor Warnke clarified that the intent of the motion is to have some control over major renovations in the City as to painting, landscaping, etc. Councilman Wright referred to being concerned about colors of homes and how they detract from a neighborhood and suggested that the residential area be studied also. Mr. Cheney advised that there is a limit. Mayor Warnke referred to the intent being clear to the City Attorney and Mr. deLong added there should be coordination with the members 0f the Community Appearance Board. Motion carried 5-0. CONSENT AGENDA A. Bids Swale Construction for Drainage Improvements and/or swale soddinq for Group III Areas The Tabulation Committee recommends awarding the bid to The Garden Store for sod installation in the amount of $6,936.00 and to Marcinkoski Gradall for swale construction in the amount of $15,126.50. - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Be Transmittal of Road Improvement Fees to Palm Beach County The Finance Director reviewed the collections stated in his memorandum of July 25, 1983, and finds them in order and recommends that they be transmitted to Palm Beach County. C. Approve Authorization to Dispose of Records - City Clerk The City Clerk has requested approval to destroy the records as listed in her memo dated July 18, 1983, No. 39. D. Approve Budqet Transfers Approval of funds for the following budget transfers have been requested: 1. Sound system for Civic Center - The system has been received by the Recreation Department. 2. Installation of traffic signal at S.E./S.W. 26th Avenue Approve Change Order No. 3 dated July 19, 1983 - Golf Course Clubhouse Daniel O'Connell has submitted a price of $1,290 to treat the exterior of the Golf Course clubhouse and four out buildings with "form oil". Approve request for Disinterment from Block I, Lot 58 in Boynton Beach Memorial Park Mr. Harold Steffen requested permission to disinter the remains of Helen M. Steffen. G. Approve Request for Cemetery Refund Block R, Lot 2B Marion H. Kemp requested this refund. H. Approve FPL Curtailable Service Agreement It is recommended that the City Council authorize the execu- tion of this agreement for curtailable service per a memorandum dated July 19, 1983, from Craig Grabeel and Perry Cessna. Approve Request for Zoning Approval for Alcoholic Beverage License 1. Spaghetti World, 1920 S. Federal Highway - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 The Deputy Building Official noted that zoning at the above location permits the sale of beer and wine for consumption on premises and package sales in connection with a duly licensed restaurant. Je Ratification of Termination Agreement between the South Central Regional Wastewater Treatment & Disposal Board and the City of Boynton Beach and the City of Delray Beach Ratification of South Central Regional Wastewater Treatment and Disposal Board Resolution No. 1-83 providing for the termination of the Operations Agreement with the City of Delray Beach and the assumption of full operation of the Regional Waste- water Treatment & Disposal Facility L. Approval of Bills See attached with the one addition from Alsay-Pippin Corp. in the amount of $95,497.48 Councilman deLong moved to approve the recommended Consent Agenda, Item V, including the additional bill and deleting A-2. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. BIDS (Cont.) Increase Johnson & Davis Price by $6,375 for 10" Gravity Line Work North of N.E. 26th Avenue Councilman Cassandra referred to being concerned about the information contained in the memorandum written by Mr. Cessna to Mr. Cheney dated July 1, 1983, and asked if with this increase of cost for this particular corporation, ~re they going to guarantee if any poles fall down and damage the power line, will they pay or are we liable? Mr. Cessna explained that they will not give a guarantee and it is bet- ween us and F.P.L. and that is why he recommended the other method. Mr. deLong moved to include this under the Consent Agenda for approval, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. PUBLIC HEARING NONE DEVELOPMENT PLANS - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Approve request for modification to the approved Palm Beach Leisureville site development plans submitted by James G. Torbit. This proposed modification provides for an after- the-fact approval of a screened, open-storage area which is located in the northeast corner of the intersection of Ocean Drive and the LWDD E-4 Canal. (Postponed from City Council meeting of July 19, 1983) (A report on staff discussion with the lawyer for this pro- ject will be made at the City Council meeting on August 2, 1983) Mr. deLong moved to remove this from the table, seconded by Mr. Zimmerman. Motion carried 5-0. Mayor Warnke announced this request was postponed from July 19, not because the City Council was bickering over tech- nicalities but because the City Council is bound by respon- sibilities to the citizens to make sure its decisions are legally sound. Some people at the last meeting responded with crude and loud remarks when the City Council decided to make sure of its legal position and postpone the matter until tonight. He would like to apologize to the citizens of Leisureville for the behavior of those people from other areas because he is sure Leisureville residents are above such childish behavior. We have received 16 letters in the mail. Councilman Cassandra referred to this being postponed in order to secure legal advice and requested comments from the City Attorney. Mr. Doney stated that they have looked into the situation. Evidently the zoning for Leisureville is R-1AA. Under that zoning classification, open storage is not a permitted use. Amendments to the site plan to permit that open storage would not seem appropriate. Mayor Warnke asked if he had consulted with the attorney from Leisureville and Mr. Doney replied negatively, but added that Mr. Vance had. Mr. deLong questioned the Council's power and Mr. Doney replied that he thinks the proper procedure, in light of the fact it is not a permitted use in that area, would be to seek a variance before the Board of Adjustment. Open storage by ordinance is not per- mitted in this zoning district. Councilman deLong stated on the advice of our City Attorney, he moves to have the applicant make application to the Board of Adjustment for a variance. Mayor Warnke referred to receiving a request from a speaker and Mr. Mark B. Schorr came forward. He stated this pro- perty is not zoned R-1AA. Mayor Warnke asked if the City - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Attorney had consulted with Mr. Schorr and Mr. Doney replied that he was not present when Mr. Cheney and Mr. Vance met with Mr. Schorr. He can comment on the legal status. There is some question as to zoning. It was an old PUD approval. It appears from the ordinances passed, it would be best characterized as an R-1AA zoning classification. Mr. Cheney told about having a long discussion with Mr. Schorr. Open storage is only allowed in M-1 and C-4 zones. This may meet the requirements to go before the Board of Adjustment. Mayor Warnke clarified that a meeting was held as requested and a report has been given. It is recommended that the variance procedure be followed. Mr. deLong stated he didn't think the City Council in good faith could overrule the legal opinion of the City Attorney. Mayor Warnke suggested that Mr. Schorr comment. Mr. Schorr stated that he thinks the expression by the City Attorney and the attitude on part of everybody that this is zoned R-1AA is a beautiful example of a lack of com- munication between city departments. The city zoning map shows this property to be zoned REC and not R-1AA, PUD. He just discovered this last week. He referred to the asso- ciation seeking guidance from the City with respect to this property and told about the fence being installed without a permit, but a permit was subsequently secured. The Codes Enforcement Official who red tagged the fence around the concrete slab had the opportunity to ask questions, but did not. He took a little bit of exception to the sudden change in description in the matter before this Council from the way it was described in the agenda of the Planning & Zoning Board meeting because it was added that it was an after the fact approval. Mayor Warnke interrupted with asking what suggestions he had for this Council to do except to refer this to the Board of Adjustment and Mr. Schorr requested them to listen to what he has to say and then ask the City Attorney if he holds to his opinion. Mr. deLong stated that it doesn't make a difference what the zoning is as open storage is only a permissive use in M-1 or C-4 zones and this location is neither. The Council cannot do anything as we cannot violate our own ordinances. Mr. Schorr replied that it is the City Manager's opinion that this use is improper in this zone. Mr. deLong responded that it cannot be changed tonight and Mr. Schorr replied that they are not duty bound to accept the City Manager's opinion over his opinion. Mayor Warnke clarified that the Council cannot make a legal determination of this tonight. We must make a decision to refer it back to the Board of Adjustment for a variance and/or legal opinions can be argued with our City Attorney how it can be handled. This City Council cannot make a decision on this matter. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Mr. Schorr advised that they are under a deadline with the Codes Enforcement Board as an extension was only granted until Friday. He added if the Council had acted on this on July 19, there would have been no problem and Mr. deLong replied it would have been an illegal action. Mr. Schorr continued that they found out there are legal problems and the deadline is approaching. They thought these problems would be ironed out tonight. He must go back on an emergency basis and request another extension of time. He is not going to argue their decision to refer this to the Board of Adjustment because he feels confident about getting the variance. He requests the Council to resolve, urge or recommend that the Codes Enforcement Board give them another extension of time, so the variance procedure can be accomplished. Mr. deLong replied this would be no problem. Councilman deLong made a motion to have the applicant make application for a variance to the Board of Adjustment and we recommend that the Codes Enforcement Board grant an exten- sion of time. Councilman Cassandra seconded the motion. Mr. deLong clarified that the motion was made on the advice of the City Attorney that the applicant be referred to the Board of Adjustment for a variance and the Codes Enforcement Board be asked to consider an extension of time in order that this particular procedure can take place. Mr. Cassandra added that he would like to make an amendment that the City Manager through the Building Official facilitate this getting to the Board of Adjustment as soon as possible. Mr. deLong included this in the motion, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. At this time, Mayor Warnke declared a five minute recess and then reconvened the meeting at 9:58 P. M. Approve time extension for filing final plat, South Palm Beach Commerce Park Councilman deLong moved to accept the recommendation and grant this extension, seconded by Councilman Cassandra. discussion. MOtion carried 5-0. No Review request for master plan modification - Stonehaven PUD Mr. Annunziato informed the Council this request is to modify the previously approved Stonehaven master plan. He pointed out the area which was previously zoned as a patio home neighborhood and explained the applicant's plans to remove this and provide single family and garden apartment units. The unit count does not change. This was reviewed by the Technical Review Board and it comes to the City Council with the suggestion that they find no substantial - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 change. There is one minor change which results having to do with the recreational requirement. With the change to single family units, we have a higher parks and recreation requirement with additional dollars. Mr. deLong asked if this has been resolved and Mr. Annunziato replied affirmatively. Mr. Cassandra asked if the density total remains at 5.29 and Mr. Annunziato replied affirmatively and added that the LUI was 4 and explained the difference between these two figures. Mayor Warnke asked if this affected any recommen- dations by the Community Appearance Board regarding landscaping and Mr. Annunziato informed him that this has not gone to the Community Appearance Board; but at the time the garden apartments site plans are submitted, they will go before the Community Appearance Board for landscaping and architectural review. Mr. Ned Marks, Architect with the Satter Co., came before the Council. Mr. Zimmerman referred to the proposal being for 288 garden apartments of several sizes and asked how many would be of the minimum 750 sq. ft. size and Mr. Marks replied that 750 sq. ft. conforms to city regulations and would be a one bedroom unit. They are anticipating 10 to 15% of the total mix would be these or a total of 45 to 50 units. Probably the same number would be three bedroom units and the majority would be two bedroom units. Councilman deLong referred to the plans being recommended for approval and being consistent with the proposed PUD and moved to grant approval. Mr. Cassandra seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearinq NONE Ordinances - 1st Reading Proposed Ordinance No. 83-24 - Re: Rezoning from R-3 multi- family residential to a Planned Unit Development with a Land Use Intensity = 4.00 (Rezoning heard and approved at July 19, 1983 City Council Meeting) Mr. Doney read proPosed Ordinance No. 83-24 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-3 (MULTIPLE FAMILY DWELLING DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF FOUR, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 83-24 on first reading only. Vice Mayor zimmerman seconded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 83-WW - Re: City Council Travel (Requested at Budget Workshop) Mr. Doney read proposed Resolution No. 83-WW by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO CITY COUNCIL OUT OF TOWN TRAVEL EXPENSE Mr. deLong moved the adoption of proposed Resolution No. 83-WW, seconded by Mr. Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke --Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Proposed Resolution No. 83-XX - Re: Release of Recreation Bond for Ridqe Point Woods Villas Mr. Doney read proposed Resolution No. 83-XX by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE RECREATION FACILITIES PERFORMANCE BOND FOR RIDGE POINT WOODS VILLAS AND ACCEPTING A $1,000 CASH BOND - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Councilman deLong moved the adoption, seconded by Councilman Cassandra. Under discussion, Mr. Zimmerman referred to this including a completed barbeque pit in this project and stated he could not find it. Mr. Howell explained that the plan designated a barbeque area and there is a slab and they have several gas barbeques which are stored and can be rolled :out. Mayor Warnke referred to there being controver- sies about the landscaping and asked if the recommendations of the Community Appearance Board had been complied with and Mr. Howell replied that they have not done this entirely and it is not required until the final c/o. Mr. Cheney further explained how they could not comply with all the Community Appearance Board's recommendations until the last building is built. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Motion carried 5-0. Proposed Resolution No. 83-YY - Re: Accepting improvements and releasing bond for Phase 1 of Lake Boynton Estates Mr. Doney read proposed Resolution No. 83-YY by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING CERTAIN IMPROVEMENTS FOR PHASE 1 OF AN AREA OF LAKE BOYNTON ESTATES Mr. deLong moved the adoption of proposed Resolution No. 83-YY, seconded by Mr. Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Resolution No. 83-ZZ - Re: Add North Seacrest Boulevard to the MPO Year 2000 Needs Plan (West Palm Beach Urban Study Area) Mr. Doney read proposed Resolution No. 83-ZZ by title: - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, TO ADD NORTH SEACREST BOULEVARD TO THE MPO YEAR 2000 NEEDS PLAN (WPB URBAN STUDY AREA) Councilman deLong moved for adoption, seconded by Councilman Cassandra. Under discussion, Mayor Warnke stated if this resolution is approved, he will ask Mrs. Boroni for copies and he will hand deliver it to the M.P.O. representatives Thursday morning, including the Palm Beach County Commissioners who will be at that meeting and strongly urge that serious consideration be given to putting Seacrest Boulevard under their 2000 needs plan. He wants the public to know that he is going to push this. At least this City is together and not divided. Mr. Cassandra referred to the MPO Technical Advisory Committee being made up of City and County representatives and questioned what would happen if this group does not approve this project and Mayor Warnke replied that he believes the MPO will recommend that the Technical Advisory Board consider this and come back for final approval, which will carry a lot of weight with the county. Mr. deLong supported the Mayor's comments and added that he thinks a recommendation from the Mayor with the resolution will suffice. Councilman Wright referred to several people asking to speak and Mayor Warnke requested them to come forward. Mrs. Victoria Castello, 406 South Seacrest Boulevard, stated there is no question that North Seacrest Boulevard needs to be widened. She told about it being dangerous to ride a bike along there. Also, with the opening of Motorola soon, it will be a very heavily travelled part of town. She hopes the City Council will do all it can to make sure that North Seacrest Boulevard is widened. Mrs. Dee Zibelli, 440 Ocean Parkway, stated on July 5, she came before the City Council requesting monetary assistance for the design cost for North Seacrest Boulevard. With the help of Commissioner Koehler, a design cost of $150,000 has been tentatively granted in the County budget. A good faith offer by the City Council would cement this. She then read a letter to the Mayor from Commissioner Koehler on July 26. Mrs. Zibelli continued that it is important that the Council demonstrate their support for this project. She would like to see City funds set aside for this. She hopes the City Council will move expeditiously. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Mrs. Zibelli then referred to the residents in Delray Beach not wanting Lake Ida Road widened and stated that money will be available. However, Boca Raton wants that money, but she cannot see the need for shifting it from one commission district to another particularly when their commissioner voted against the gas tax to begin with. A contribution from Boynton Beach is needed to strengthen Commissioner Koehler's position assuring of the design cost. The City and County must cooperate to move forward with a better road construction program. Mrs. Zibelli then referred to the City giving funds to the V.F.W. and stated she thinks $30,000 for North Seacrest Boulevard should be available to serve the residents in the City. Revitalization of North Boynton is important. They don't want to remain the poor relatives of Boynton Beach. She sincerely requests the City Council to contribute to the design costs for the North Seacrest Boulevard design program. Councilman deLong clarified that in regards to Commissioner Wilken voting against the gas tax, she was against the 4g, but in favor of the 2~. She said she supported the Seacrest Boulevard project whether this City contributes or not. Mayor Warnke stated the City budget has been pretty well set, but there will be some discussions in the future to re- arrange some revenue sharing funds due to comments from City Council members. He is sure Mrs. Zibelli's comments will be considered at that time. Mr. Owen Anderson, 2181 S.W. Woolbright, came before the City Council on behalf of the Chamber of Commerce and stated that he finds himself in an unusual position. The Chamber approves and requests that the North Seacrest Boulevard improvements be made. It should be considered as a new pro- ject under the 2g gas tax program. Councilman deLong stated that every member of the Council is in favor of this and a resolution was sent in 1982 in favor of this. Councilman Wright remarked that resolutions come a dime a dozen and it takes more than that to see things materialize. He is not concerned with who gets credit, but wants to do what the citizens want. He wants to see things done. He explained that he would like to see the City sup- port Commissioner Koehler's effort in any way possible. The City assisted in the 10th Avenue project and he feels it is our responsibility to support this project. Vice Mayor Zimmerman clarified that the amount of $150,000 is only for the paperwork. If they can't afford $150,000, - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 where are they going to get the millions to build it? If someone else puts money in, they will back off with money to build it. He is all for getting this done, but it is the County's responsibility. He feels they will do it when they get the money. 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 Councilman Wright - Aye Motion carried 5-0. Councilman Cassandra stated that the argument that this is a County road is not germane to what this Council should con- sider and that is the welfare of those people who live in that area of Boynton Beach. He agrees with Councilman Wright that if the County backs down, so do we. Mr. deLong disagreed and stated we should get some return for the taxes this City pays. We have been requested to contribute to the interchange for the turnpike and if we start, we will be supporting other government agencies. We are paying taxes and should get some return for those taxes. Mayor Warnke stated this resolution may not have any affect at all. At the MPO meeting on Thursday, they will be reviewing proposals from Delray Beach and Boca Raton con- cerning Lake Ida Road and Old Dixie Highway. We do have an option to amend that committee's report. We are going to go with the resolution from this Council and he feels we have a strong position because we are not divided as other cities are. He will present it to the MPO. He will make a motion that the MPO strongly support the City Council and wishes of the people of Boynton Beach. However, the hopes of getting this through are rather clouded. Councilman Wright stated he can recall funding studies for the golf course, etc. with not knowing what the possibili- ties would be. Everything is a gamble in some projects. Councilman Wright moved to appropriate $30,000 of the 2g gas tax money to be set aside as stipulated by the County and if they do not follow through, we will not. With $30,000, we agree to augment this project and stipulate that the city staff be involved in the design study to assure the widening keeps in the neighborhood of the design characteristics. Mr. Cassandra seconded the motion. Mayor Warnke clarified - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 that the motion was to appropriate $30,000 out of the 2~ gas tax monies with the stipulation that the city engineers are involved with the study. Under discussion, Mr. deLong stated they have not exhausted the avenues to have the County widen and drain North Seacrest Boulevard. If they are going along with it, why not make a decent community appearance deal with a median strip? Mr. Wright informed him that this is the intent of his stipulation to have the city staff involved. As requested, Mrs. Boroni then took a vote on the motion as follows: Vice Mayor Zimmerman - No Councilman Cassandra - Aye Councilman deLong - No Councilman Wright - Aye Mayor Warnke - No, in as much as he feels this may be premature because we are voting on the pro- mises of one County Commission- er and it is up to the MPO and Tech- nical Advisory Board and not what this City may come up with in the way of money. Motion failed 3-2. Councilman deLong stressed that we cannOt ~throw taxpayers' money away to another agency. Councilman Wright pointed out that the letter did say the County will set aside that amount. Mr. deLong responded that we will get the support of the County Commissioners. It is their responsibility and they should give us something in return for our taxes. Proposed Resolution No. 83-AAA - Re: Cancelling Operations Agreement of the South Central Regional Wastewater Treatment & Disposal Board dated August 23, 1978 Mr. Doney read proposed Resolution No. 83-AAA by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO CANCELLING OPERATIONS AGREEMENT OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATED AUGUST 12, 1978 Councilman deLong moved the adoption of proposed Resolution No. 83-AAA, seconded by Vice Mayor Zimmerman. No - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 discussion. as follows: Mrs. Boroni took a roll call vote on the motion Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. Discussion of Resolution re: Train Whistles Mayor Warnke submitted a sample resolution from Boca Raton and advised that Mayor Conrad has requested all the cities on the east coast of Florida to support this. He also has an opinion from Mr. Vance that this Council passed an ordi- nance against any train whistles. This resolution is to back up the position of other cities, namely Boca Raton. At the present time, he would take exception to accepting a resolution from an attorney from another city. He feels a resolution should be drafted by our City Attorney before presenting this to the Council. Councilman deLong moved to turn this over to our City Attorney for study and to draft an appropriate resolution as he sees fit. Mr. Cassandra seconded the motion. No discussion. Motion carried 5-0. Other Consider amending zoning ordinance relative to R-1AA and permitting outside storage - Requested by Vice Mayor Carl Zimmerman (Tabled) Mr. Zimmerman moved to take this from the table, seconded by Mr. deLong. Motion carried 5-0. Mr. Zimmerman stated in light of what came up this evening and after discussion with the attorney for Leisureville, he withdraws this. Mr. deLong advised that since we took pre- vious action, he believes we should hold this in abeyance. Mr. Zimmerman added that the attorney did mention if this is left on the agenda, it should be changed from R-1AA to REC zoning. Mr. deLong suggested waiting until we receive the reports requested. After further discussion, Mr. Zimmerman moved to table this with the zoning change noted. Mr. Cassandra seconded the motion. Motion carried 5-0. Request for Annexation - Melear Property Mr. Cheney informed the Council that this is one of the last pieces of property facing Congress Avenue and should be a - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 part of the City. Mr. deLong asked if it would square off the north end and Mr. Cheney replied affirmatively. Mr. Annunziato pointed out the location on the map. Mr. Cheney advised if the Council agrees, it will go through the routine procedure. Mr. deLong referred to this being delayed because the County permitted a greater density than what the City would allow and Mr. Annunziato agreed that was the issue. Mr. deLong questioned how this parcel measured up with the rest of the developments insofar as density and Mr. Annunziato replied that he believes it suits the needs of the City and told about the surrounding densities. Mr. Cheney added that they did come in and discuss density and it was the staff's posi- tion that they must follow our zoning regulations. They reviewed their plans and are now coming back with a more appropriate density with the pattern on Congress Avenue. Mr. Cassandra moved that the request for annexation from Melear be forwarded to the Planning & Zoning Board. Mr. Wright seconded the motion. Under discussion, Mayor Warnke stated under the present zoning, which is agriculture, they are allowed one unit per five acres. At the present time, the County has good strong feelings about developing agri- cultural lands due to ecological impact. Under their pro- posed annexation to the City, they are going from 31 units on that tract of land to 1,007 units allowable on that tract of land. He cannot see any more development of agricultural land in Palm Beach County to residential because of the eco- logical impact. Mr. Cassandra referred to there being con- cern about water consumption with annexing more and more property and Mr. Cheney informed him those reports will be coming. Mr. Cheney continued that this has always been a part of the planning for sewer and water. It is true that it is zoned agriculture, but he doesn't believe this is located in the area which the County wants preserved for agriculture. This agriculture is really a holding zone. There is no question there is agriculture on Route 441, but this is a different kind of agriculture. This is part of our utility service area. Mr. deLong stated that it has been the intention to get this area to have some semblance of a boundary line. He does not think the City would like to have a parcel of land that large right in with developed residential. We do have unde- veloped land to take in and the population will grow in the present confines of the City. Mr. Cheney advised that part of the whole question of deve- lopment and annexation is that we must look at logical, reasonable service boundaries for all areas of the County. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 He explained how areas of service for fire and police could get confusing and result in wasting money crossing boun- daries. Mr. deLong added that there is no guarantee the County will keep it agriculture. If they develop under the County codes, they will be in our service area and when con- tiguous, they will apply for annexation. Mr. Cheney agreed and explained how this applied with the mall and we had control over height, etc. Mr. Annunziato pointed out the various developments in this area along Congress Avenue and there was discussion about the density. He added that Palm Beach County allows 8 to 16 units per acre and if this is developed under county zoning, there could be 2,000 units opposed to 1,000. Mr. Cassandra asked if we have water to supply these people and Mr. Cheney replied affirmatively. Mayor Warnke clarified that if developed under city codes, there will be 1,007 units and if developed under county codes, there could be 2,500 units. Mr. Zimmerman referred to there being a discrepancy on the application and pointed out that Item 7 is requesting a PUD with a LUI of 4.00, but according to the application, 6.5 units per acre are being proposed. Mr. Annunziato explained how LUI is a series of ratios prepared by HUD which do not relate directly to the density. He added that the density will be explored further as part of the PUD process. Mr. Zimmerman continued that with the unique location of this being on Congress Avenue, he can see it is a wise deci- sion to annex it. If it were sitting back further to the west, he would vote against it. He does not think we should be spreading out more. This location is ideal for annexa- tion at this time. Mayor Warnke clarified that the motion is to accept this request for annexation from Melear and have it sent to the Planning & Zoning Board. Motion carried 5-0. Community Redevelopment Agency Councilman Cassandra referred to having very strong concern on our downtown development efforts and stated we have a very active Board to develop the downtown area. At the same time as they are working trying to develop the downtown development area, we are allowing building to occur in this area which seems to be in contradiction. He would like the Council to consider asking the City Attorney to prepare a resolution to put a moratorium on this area until we decide what-the downtown is going to be. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Mr. Doney advised if a moratorium ordinance is appropriate, it would be an ordinance which must be adopted with the similarities of a zoning ordinance. In the interim, it appears the City would be justified in denying building per- mits if there is sincere progress being made. Mr. deLong remarked there is no sense permitting people to build there now in contradiction to plans being designed now. Mayor Warnke added that when dealing with a moratorium, we must look at the health, welfare and safety of people. Mr. Cassandra referred to properties being for sale along Federal Highway and how they could possibly be developed and stated we must decide what we want downtown. Mr. deLong agreed. Mr. Cassandra made a motion to instruct the City Attorney to draft a moratorium ordinance in reference to development in the downtown area. Mr. Wright seconded the motion. Under discussion, Mayor Warnke asked if a time limit would be necessary and Mr. Doney replied this could be considered at the time the ordinance is drafted. Also, they may want to look at variance procedures for properties with unique problems. Mayor Warnke suggested that the City Attorney consult with Mr. Thompson of the Community Redevelopment Agency. Mr. Zimmerman referred to a stop of issuing all permits and Mayor Warnke clarified that was not the intent. Mr. Cheney added that he understands the Boca Raton ordi- nance built in some opportunity for maintenance of proper- ties into their ordinance. Motion carried 5-0. OLD BUSINESS Report on Test Well Program & Revised Water Master Plan Report Mayor Warnke announced before getting into discussion of the test wells and water master plan report, he would like to read a prepared statement. "In regards to the water supply expansion problem, I would like to make the following comments: "We are considering spending 37 million dollars for a new water plant and wells. "The sewer plant study shows a need for spending 19 million dollars of which 9~ million dollars will be Boynton's share. "The above sum of 46~ million in 1983 dollars is for the benefit of those people moving into the county west of - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Boynton Beach and the prediction is that our population will triple from 62,000 today to 171,000 by the year 2000. "No one is sure at this time if there will be enough water in the turnpike aquifer to supply the needs of all of the cities from Stuart to Boca Raton during this tremendous growth period and we do not have enough data on future pollution from landfills and toxic waste sites. "Another problem. Boynton Beach has a need right now to enlarge the library, build _ an auditorium, enlarge the fire and police facilities, install complete drainage lines and many other projects totaling several million dollars. "Our goals for the future must be outlined and spelled out. Our goals, of course, will tie in with the review of the comprehensive plan which, by state law, we must update during the coming year. "There are many sources of information available con- cerning this City's growth, such as the joint FAU-FIU study now under way, the governor's task force on growth, private firms specializing in growth problems, our own planning department study completed a few months ago and many others. "We must set our goals and evaluate all available infor- mation to prevent costly mistakes. "I am calling for a workshop meeting on September 8, 1983, for the purpose of studying problems of growth and the direction Boynton Beach will take in the future. "I would like to suggest to the Council at this time that action on the question that has been removed from the table regarding water plant addition and wells be postponed indefinitely." Mr. Cassandra asked if he was intending to come to a deci- sion at the workshop session and Mayor Warnke replied nega- tively, but he is expecting to look at all the aspects of the City's growth including test wells and the water master plan. It will probably be the first of several workshops. He thinks we should look at all the aspects before making any decisions. Mr. Cassandra referred to having workshop meetings and stated that 1983 will go by. We are annexing and allowing people to build. We may have to put a moratorium on building because the water supply is not enough. We should not spend too much time in workshops. Mayor Warnke replied that a moratorium is inevitable as according to Russell & Axon, - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 it will take three years to expand the water and sewer plants. We will probably run out by 1984. He does not think the delay of a month will make much difference. We should make educated decisions. Mr. deLong agreed that a month will not interfere when construction of the water treatment plant is about three years behind. Mr. Cassandra agreed to the workshop. Mayor Warnke added that he also has some questions on the report. He has talked to the City Manager and he indicated he would come up with some funding ideas for the future. Mr. Cassandra requested him to assemble an agenda for discussion at the workshop meeting and Mayor Warnke agreed. Vice Mayor Zimmerman commented that we do have to meet with the consultants. He continued that he hopes it is an error in the test well program and read from Page 1 that a new water plant is being planned west of the turnpike. Mayor Warnke replied that he thinks west of 1-95 was meant. Mayor Warnke stated that he hopes at this workshop session, we can build up a set of goals where this City is heading on every project. Mr. deLong agreed that most cities have a capital improvement program to get things accomplished. The Council members agreed to the workshop and Mr. Cheney added that Russell & Axon representatives would also be pre- sent to discuss this. NEW BUSINESS Capital Improvement Program - Library, Police, etc. - Requested by Councilman Joe deLong Councilman deLong stated he would like the City Manager to put together a capital improvement program and make a study regarding needs and funding. In 1975, there was a great demand for additional improvements. He told about the new building which took place at that time, but how it had fallen apart in the interim. We must dig in and get a capi- tal improvement system inaugurated and have each Council follow through on the program. Mr. deLong moved to create a capital improvement program with the necessary funding sources and turn over to the City Manager. Mr. Cassandra seconded the motion. Under discussion, Mr. Cassandra commented that an architectural study has been requested for these particular needs. Mr. Cheney advised that what he did in the budget was take a look at our capital needs, but he will do it in greater detail and suggest funding. He thinks this is consistent - 25 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 with what he suggested. Mr. deLong added that there should be a fund with money being appropriated into it. He thinks with the creation of a capital improvements program now, we are moving in the proper direction. Mayor Warnke clarified that the motion was to have the City Manager set up a capi- tal improvements program with suggestions for funding. Motion carried 5-0. Boynton Beach Boulevard Turnpike Interchange - Requested by Councilman Joe deLong Councilman deLong referred to receiving a request from the Boynton Beach Boulevard Task Force and stated this would involve funds for another governmental agency. The Florida Turnpike Authority is a profit making agency. At the pre- sent time, we neglected even to recognize that we received this communication. Mr. deLong moved that the Boynton Beach Boulevard Task Force communication relative to the turnpike interchange be received and placed on file. Mr. Zimmerman seconded the motion. Under discussion, Mr. Cheney referred to a request being submitted from someone to speak. Mr~ Owen Anderson, representing the Chamber of Commerce, stated the Chamber has been working trying to get an interchange on the turnpike at Boynton Beach Boulevard. At the moment, it appears they have raised roughly $34,500 of the needed $38,500 and more is being pledged every day. This is not a request from the turnpike authority. Part of the turnpike authority's law is no interchange can be built unless there is an economical feasibility study. The study must be paid for by those who want that interchange. It is considered that such an interchange would be a benefit to the City. That is why they got involved in it. The request came to the City from the Boynton Beach Boulevard Task Force. This is something the Chamber is attempting to do and they would like the City to consider being a part of it financially. Mayor Warnke stated when he talked to the Coalition of West Boynton Residents, they were strongly opposed to a Boynton Beach interchange because of the traffic it would generate, but they want Boynton Beach Boulevard four laned. Two stu- dies have been made on that interchange. Perhaps at this time, another study would show differently. Mayor Warnke clarified that the motion is to receive the communication from the Boynton Beach Boulevard Task Force and file it. Motion carried 5-0. - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 ADMINISTRATIVE Accept letter of resignation from Basil Hawkins - Boynton Beach Housing Authority Mr. deLong moved to accept this resignation with the usual letter of thanks for services performed. Mr. Zimmerman seconded the motion. No discussion. Motion carried 5-0. Consider appointment to replace above for term expiring October 1984 Mr. Cheney referred to having two alternates and no nomina- tions were given at this time. Consider appointment of alternate member to Community Appearance Board for term expiring April 1985 Mr. Zimmerman moved to table these two items, seconded by Mr. deLong. Motion carried 5-0. Mr. Cassandra referred to receiving a memo from the City Manager regarding the terms of two board members expiring in September and asked if these should be considered at this time and Mayor Warnke replied these would be taken care of in September. Mr. Wright commented that Mr. Daniel White could not con- tinue on the Community Relations Board because of his work schedule. Mr. Cheney informed him that a written resigna- tion had not been received, but the Council may as well con- sider a replacement. Consideration and discussion of FIND property known as Jaycee Park Mr. deLong referred to receiving the communication and clarified that all he Ks concerned with is that we are on record that we want that property when it is no longer needed for a spoils area. Mr. Cheney informed him that we are on an oral and written record for that. Mr. deLong asked if the piece south of Walgreen's was discussed and Mr. Cheney informed him that is a substitute spoils area and he and the City Attorney have thought about ways to address the water front piece as well as the inland piece. Mr. deLong told about the previous policy being that when not needed any longer for a spoils area, the land was offered to the state, county or municipality. Mr. Cheney informed him that the recent position is not to give up any land, but to trade spoils areas for other areas. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1983 Other Mr. deLong asked the City Manager if the cost of the signa- lization at _he Tara development will be born by this deve- loper with the installation to be determined by the City Engineer? Is the cost placed in escrow or is there a per- formance bond? Also, how did we make out with Burger King? Mr. Cheney replied that he will answer these questions at the next meeting. Proposal for Pistol Range Mr. Cheney referred to having $60,000 and requested authori- zation to pay to have free fill hauled. The cost would be $1 per cubic yard from Hardrives. He would like to spend up to $10,000 to get this. Mr. deLong so moved, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. ADJOURNMENT Mr. deLong.moved to adjourn, seconded by Mr. Cassandra. Motion carried 5-0 and the meeting was properly adjourned at 10:40 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City C~lerk Recordihg S~cr~t-ary (Three ~Tapes ) Vice Mayor CoTXi lman Counc i lman - 28 - AGE~DA AuguSt 2, 1983 ADMINISTRATION e 0 e e e Be Approval of Bills: Board of County Commissioners Use of County Landfill .for month of June, 1983 Pay from General Fund---001-341-534-40-9A DeDartment of Health & Rehabilitative Services Payment 4 of 4 - Child Care Center - Contract ~09A-2558 Florence Fuller Child DevelOpment Pay from Federal Revenue Sharing---320-641-564-40-5A Firestone Stores 18 - 12Ply Tires-and 7 - 14Ply Tires Pay from General Fund---001-193-519-30-22 Flanaqan-Metcalf, In~. Service time to modify setting of Healy-Ruff controls in L.S. 317, 356 & 359. Check out accumulators and set controls. Pay from Water & Sewer Revenue---401-352-535-40-33 Geraghty & Miller~ Inc. For work on Boynton Beach Water - Supply Wells Pay from Utility General Fund---403-000-169-01-00 Haygood & Williams, P~AL Professional Services Rendered 5/1/83 -- 6/30/83 Boynton Beach Community Redevelopment Agency Pay from Federal Revenue Sharing---320-000-247-1c-00 Holmac International Corp._ Gas, Oil and Lube for Equipment Maintenance Pay from General Fund---001-193-519-30-21 IBM Corporation Lease Copier III Model 40 (City Hall) Charge to various departments---General Fund and Water & Sewer Revenue Fund 17,223.~5 1,099. 3,978. 1,300. 41,529. 900.i 2,022, 1,608. COUNCIL APPROVED: Meeting: Ol 55 ~)0 )6 )0 ~5 e 10. 11. 12. 13. 14. 15. 16. -2- Moore Golf, In~. Appl.94 Irrigation Installation for Golf Course 7/8/83 to 7/25/83 Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 Motion Industries, Inc. 1 Reliance Power Unit with Reversing Kit Pay from Water & Sewer Revenue---401-332-533-40-33 Daniel O'Connell General Contractor~ Inc. Golf Course Maintenance Bldg. Req. ~2 Golf Course Storage Bldg. Req. ~3 Golf Course Club House Appl. ~6 Pay from B.B. Rec. Facility Constr. Fund 415-000-169-41-00 4,545.00 900.00 26,876.00 Perrson Drilling Corp. Est. ~3 Final Western Well Field Test Well Program for period 3/15/83 to 4/15/83. .Pay from Utility General Fund---403-000-169-01-00 Regent Chevrolet 1 Chev. Impala (1983) for Police Dept. Pay from Federal Revenue Sharing---320-211-521-60-81 State Contract ~070-00-83-1 Saturn Sound and Studios Replacing old audio equipment in Civic Center and fire simulator at Fire Dept. Pay from Federal Revenue Sharing 320-721-572-60-9E 2,950.00 320-221-522-60-42 1,875.00 Council approved 7/5/83 Shurl¥ Contracting, Inc. Est. ~1 N.E. 10th. Avenue Project ~182-2000 Pay from General Fund---001-000-115-87-00 10~ reimbursable Community Development Block Grant Signal Construction Company, Inc. Installation of Traffic Signal at SE/SW 26th. Ave. Pay from General Fund---001-000-247-1G-00 7,043.00 Federal Reven~e Sharing-320-000-247-96-00 4,345.00 $ 64,800.00 1,019.49 32,321.00 11,002.00 7,868.00 4,825.00 32,406.30 11,988.00 -3- 17. 18. 19. 20. 21. 22. 23. 24. South Central Regional Wastewater Treatment Board Interim Sludge Stabilization Inv.~14 -1,184.54 Interim Plant Expansion Inv.~3 --3,386.34 Pay from Utility General Fund---403-000-169-11-00 R. J. Sullivan Est. ~1 For San Castle/St. Andrews Part A for period 6/20/83 to 7/15/83. Pay from Utility General Fund---403-000-169-11-00 Urban Design Studio Billing for services thru 6/30/83 Inv.~3 of 8 Approved by Community Redevelopment Agency 7/28/83 Pay from Federal Revenue Sharing---320-000-247-1C-00 yon Haqqe & Devlin~ Inc. Monthly payment due August installment for Golf Course design. Pay from B.B. Rec. Facility Constr. Fund: 415-000-169-41-00 Roger Whitley Chevrolet 10 1983 Pursuit Vehicles for Police Dept. Pay from General Fund---001-211-52!-60-81 State Contract 9070-00183-1 City of Boca Raton 3rd. Quarter payment FY 1982/83 for South Palm Bch County Cooperative Dispatch Center Pay from General Fund---001-211-521-40-79 Isiah Andrews Driver for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willie Ruth McG~ad¥ Server for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 $ 4,570. 8 8,!00.i00 4,300.00 2,800 00 89,040 50 67,957.i~0 210.90 -4- The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. %Wann,' Finance Direc'~'or I therefore recommend payment of these bills. Peter L. Cheney, City Manager OUN,CIL APPROVED: ADDITIONS TO C I TY OF BOYNTON BEACH REGULAR CITY COUNCIL MEETING AGENDA August 2, 1983 7:30 P.M. XII. CONSENT AGENDA F. Add to Approval of Bills 1. Periodic Estimate No. 3 for the period of June 21st through July 20, 1983 for Alsay-Pippin Corp. ADMINISTRATIVE: D. Approval for hauling fill for Pistol Range $95,497.48