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Minutes 02-16-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, FEBRUARY 16, 1983 PRESENT Walter "Marty" Trauoer, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Trau~er welcomed everyone and called the meeting to order at 7:30 P. M. The invocation was given by Rev. William Bouie, Deliverance Evangelistic Temple, followed by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. AGENDA APPROVAL Councilman Wright stated he had one concern under Old Business and requested the addition of Item E - Housing. Also, under New Business, he had one concern regarding the Civic Center. City Manager Cheney stated he would like to add one item under Administrative, D - Transfer of Cemetery Lots Also, he would like to delete three items. Under Development Plans, Item C, which is the Golfview Harbour Estates site plan, which did not Get approval by the Community Appearance Board last night. Also, two ordinances-under Legal - A, Items 2 and 3, both which did not et advertised for tonight's meeting; therefore, they will be ~ead at the next meeting. He added that he talked to the attorney and apologized for this happening. Councilman deLonq moved the adoption of the A~enda with these deletions and additions. Councilman Wright seconded the motion and the motion carried 4-0. ANNOUNCEMENTS Mayor Trauqer referred to Councilmember Woollev not being present and told about her being on a camping trip on the Crystal River studying energy for the State of Florida. Mayor Trau~er referred to the flowers on the podium and announced these, were a gift from the City Council w~lcominq City Clerk Boron± to her official duties.~- He added they were glad to have her aboard. ~ayor Trauger referred to Mrs. Sue Kruse recording the minutes and welcomed her back after several years' absence. Mayor Trauger read a Proclamation proclaiming the week of February 1983, as Vocational Education Week. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Mayor Trauger announced that former ~-~yor Frank McCoy, Jr., died of heart failure in BangkOk, Thailand, on February 5, 1983, and was buried here in Boynton Beach. Mayor Trauger announced that City Hall will be closed on Monday, February 21, in observance of Washington's birthday. Mayor Trauger announced that a City Council Workshop meetino is scheduled for February 17, 1983, at 7:30 P. M. Mayor Trauqer announced that the n~xt City Council meetinq will be held on Wednesday, March 2, due to the General Election on Tuesday, Harch 1. Mayor Trauger announced that it ~ives him honOr to make a presen- tation of a certificate of conformance for our financial res~onsi-~ bilities and added that this is the third time we have won t~is for outstanding performance for our annual fis~at reports. He then complimented ~r. Swann on his performance and presented a -plaque to him. MINUTES Regular City Council Heeting'Minutes of February 1, 1983 Mayor Trau~er referred to Page 38, first major paragraph on the fourth line, and corrected "faction-" to "taxation" district. Councilman deLong moved for adoption with this correction, seconded by Councilman Wright. Motion carried 4-0. CITY MANAGER'S REPORT Street Resurfacin~ City ~-~anager Cheney referred to bein~ in the process of preparinq an annual list for street resurfacin~ and stated he would like sq~.~estions regarding streets needin~ resurfacing to be ~u~ on the p..lagues Honoring Past Councils City Manager Cheney referred to. the Council bein~ concerned for some time about honorin~ past Councils involved in improvinq the City with plaques and advised that the plaques have arrived and are in the process of bein~ put up. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 .gperation of San Castle Sewer Treatment Plant City Manager Cheney re~erred to the City operating the San Castle sewer treatment plant for the County, which is environmentally bad, and explained how this operation is within our service area and we have been looking forward to getting federal funds to rebuild the plant. He told about the proposed improvement project and advised that we have now qotten EPA approval. Bid requests have been advertised for the beginning of this project and he explained · how gradually over the next year, this problem should be eliminated. Golf Course City Manager Cheney referred to the amount of rain lately and told abou~ this slowing the progress; however, it is abo~t 80% clear and the clubhous~ foundation is in place, but about three to four weeks have been lost due to the rain. City Manager Cheney referred to the 800 annual permits and advised that about 75 citizens of Boynton Beach have indicated a desire for a permit. He told about the Golf Course Committee addressing this and advised that letters will be written .to the City residents on the list and then the membership will be completed with the list of names from County residents. L.ights on S. W. 23rd Avenue City Manager Cheney referred to the area of Golfview Harbour, C~apel Hill and Mission Hill and stated that recently the liqhts were turned on along S. W. 23rd Avenue. However, the lights have been off the last two nights and Florida Power & LiGht Co. is trying to find out the problem. Child Care Center City Manaqer Cheney referred to originally estimating the work at the Child Care Center to cost about $14,000 to $1~,000 and adviSed that $13,122 of work has been authorized. Authorization was given two weeks ago for fire rated walls in the kitchen and this work is proceeding. Also, most of the emergency work is underway. When this work is done, additional things will be re- considered and this will be discussed further. Swale Projects M~yor Trauger referred ~o the swale projects completed during the past two y~ars and told about these working satisfactorily durin~ the last few heavy rain~. He thanked the ~ity ~nager and Engi-"~ neerin~ Department for success in this project. City Manaoer~ Cheney-add~d that a letter was received-from a resident on-S W 10th Avenue advising the problems in that area were corrected in th~ last few months~ -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Transportation Network City Manager Cheney referred to the Florida League of Cities meeting in Tallahassee and told about the concerns of the members reqarding highways and a transportation network. He hopes the speCial session of the legislature will address this and there will be funds for all highways in Florida. Golf Course Vice Mayor Warnke questioned the amount of golf course permits sold and City Manager Cheney informed him t~at 633 annual permits had been sold out of the 800 se~ aside. Mr. Cheney added that there are about 258 on the waiting list for these permits and the momentum is there for the golf course. PUBLIC AUDIENCE Mayor Trauger announced if anyone in the audience wished to speak on any item on the agenda to please come forward and Give their name to the City Clerk and they will be called upon when that item is on the agenda. He requested anyone wishinq to speak on any item not on the agenda to please come forward and address the Council giving their name and address. _~ir. Leonard Kanonik, 1330 S. W. 28th _Avenue, referred to addressing the Council in October, 1982, advising if there was any increase in crime in Golfview Harbour due t6 the ~act that the bridge was built across the canal into Golfview Harbour that they would hear about it and he then submitted a report from the Boynton Beach Police Department log showing how crime has increas~ 1200%. 5~. Kanonik continued that he found out there was never an impact study done pertaining to the results this bridge would have on the property values and crime in the area. The bridge was just put in without any study being made. He then w~nt ~nto detail telling about hooligans ~n this area and incidents of crime. He added there was nothing against the Police Department, but they could only handle so much. Mayor Trauger asked if these pe¢ the area and Mr. Kanonik replied edly they are from this area. b about these same hooligans dest~ He stated that it is the Council City Manager Cheney stated that should be given on this and Mr. satisfactory. ple were intruding from all over that he didn't know, but suppos- r. Kanonik continued with telling ~ying property in Leisureville. 's job to follow through on this. he believes a written response Kanonik re~lied this would be -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Councilman deLona referred to ~. Kanonik appearing before the Council previously and stated he believes attention should be given. City Manager Cheney replied that attention has been given and the police have been there. Councilman Wright clarified that the bridge is causing most of the problem and ~r. Kanonik agreed, but Mr. Cheney added that he personally feels there are other reasons. Councilman deLong suggested finding out who the hooligans are and City Manager Cheney replied that he believes the Police Department knows, but the problem is solving it. Vice Mayor Warnke stated if there is an increased problem because of the bridge, it might behoove the Police Chief and City Manager to increase the budget for increased police surveillance in that area and maybe in the future possibly close the bridge. City Manager Cheney replied that there were problems in this area before the bridge was opened. Vice ~yor Warnke added that he believes a study should be made regarding how to solve the problem. Councilman Wright asked if there was a crime watch program in this area and Mr. Kanonik replied that supposedly there is, but told about the elderly people not wanting to get involved. Councilman W~ight asked how the homeowners' association was dealing with this p oblem and Mr Kanonik reDlied that he didn't know Cit Mana er C~eney advised that about a year ago, the homeowners' association took an active effort for a crime watch program, but told about the response being slim. He told about this being a different k~nd~ of neighborhood with minimum participation from the home- owners. ' Councilman Wright suggested that Chief Hamilton give a report and COuncilman deLong replied that the police are well acquainted with the problem and a solution should be reached; as lona as the City M~na~er and Police Department are acquainted with th~ problem, ' t~ey-should come up w~th a solution.'~ Vice Mayor Warnke added that possibly a foot patrol with a canine in this area might hel~. ~ In view of the time, Councilman deLong made a motion to move~to I~em VII, Public Hearing. Councilman Wright seconded the motion and the motion carried ~-0. PUBLIC HEARING - 8:00 P M. Request - Location - Proposed Use - Applicant - Owner - REZONE from PUD with LUI 5.0 (with density of 7 units per acre) to PUD with LUI 4.0 (with density of 9.21 units Der acre) 30.4 acre parcel bounded on the south by N.E. 22nd Avenue; on the north by N.E. 26th Avenue, on the east by the FEC Railroad, and on the west by N.E. 4th Street 280 Unit Condominium Development to be known as The Crossinos of Boynton Beach Robert E. Hamilton SPH Associates, a General Partnership -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Mr. Annunziato explained the current request submitted by the new owners and also told about the previous rezoning consistent with the comprehensive plan. He pointed out the location of the pro- perty and acquainted the Council and audience with the proposed building plans. He then told how the recreation feature had been modified after considerable discussion with the Plannina & Zonino Board and Recreation & Parks Director. He explained the utility services, access to the site and read the staff comments. He advised that the applicant has agreed to comply with all staff comments, except with recreation and parks needing further clari- fication. He then read the attached memorandum dated February 10 outlining the recreational planning to be completed by The Crossincs. He concluded that if there were any questions concerning the staff comments, he would be glad to read them into the record or explain. Councilman Wright referred to the annoyance of train whistles at this location and Mr. Annunziato explained how this would be taken into consideration with pricing of the units. ~yor Trauger added that the people know the track is there and questioned if it could be written into the condominium papers that the people won't want the railroad moved and Mr. Robert Hamilton replied there would not be any problem writing this into the document papers because the track is very visible. He explained how people manage to live by a railroad. Vice Mayor Warnke referred to the clubhouse being in the form of a railroad station and Mr. Hamilton agreed and showed graphics of the proposed building. He also showed a model of the proposed A-plex building. Mayor Trauger questioned what the life of these buildings would be and Mr. Hamilton explained that the construction would be CB with wood exterior, but the life of a building depended on the tenants' use. He added they will have a normal Florida life if taken care of. Mayor Trauger clarified this would be approximately 25 years and ~. Hamilton a~reed. There was further discussion about low cost housing which-had been built in the City previously and how deterioration had taken place rather quickly. Councilman Wright questioned what would be along the railroad track and ~. Hamilton told about their plans for earth berms with fencing for aloha the track to visually take away vision of the trains and redUce the noise of the track itself. Mayor Trauger commented that he believes this will be a beautiful addition. He asked if anyone in the audience wished to speak in favor of this project and received no response. He asked if anyone in the audience wished to speak in opposition to this project and the following came before the Council. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16 , 1983 Mr. Nick Csepp, 2321 N. E. 4th-Street, questioned the purpose of the lake and stated that it seemed to him that it would be nothina but a mosquito pond and he is against it. Mayor Trauaer explained the lake was required to control drainage. Mr. Hamilton told about contactinq the Department of Natural Resources since the lake was required for drainage and meeting their requirements of depth to insure a healthy lake. Mayor Trauger ascertained nobody else desired to speak and declared the public hearinq closed. Councilman deLong moved to approve the unanimous recommendatiOn of the Planninc & Zoning Board of the request for rezoning submitted by Mr'. Robert Hamilton for SPH Associates as specified in the application description including the staff comments and the memo dated February 10 regarding the recreational facilities. Vice ~yor Warnke seconded the motion. No discussion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLonH ~yor Trauger Vice Mayor Warnke Councilman wriHht Motion carried 4-0. Councilman deLong moved to revert to the regular order of business, seconded by Vice Mayor Warnke. Motion carried 4-0. PUBLIC AUDIENCE (Continued) Mr. Arnold Thompson, 1307 N. W. 8th Court, stated he was repre- senting the Homeowners Association of Laurel Hills regarding the industrial park situation which they find in Laurel Hills. He told about industrial uses being a problem City-wide. He then read the following resolution with 267 signatures: "We the undersigned citizens of the City of Boynton Beach, Florida, respectfully request of the City Council of Boynton Beach to introduce by ordinance to: Establish a second industrial zoning within the City of Boynton Beach. Rezone certain established industrial zoned properties as follows: a. The area west of the animal shelter in Arden Park, bound on the east by Railroad Avenue between Northeast 3rd Avenue and Northeast 10th Avenue -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 t b. The area between Southeast 6th Avenue and Wool- bright Road, Southeast 1st Street on the west and the Seaboard Railroad on the east. c. The area adjacent to Laurel Hills known as Boynton Industrial Park. Eliminate certain uses now allowed in the current industrial zoning. Including but not limited to, truck terminals and transfer stations, millwork and lumber yards, boarding kennels. Allow for proper buffer zones where industrial properties abut residential zoned properties." Mr. Thompson continued that he thinks the entire industrial zoned properties in-the City should come under consideration during this current re-discussion and public hearing process to perform this. There are many areas presently zoned industrial abutting residen- tial areas. He then referred to the possibility of a truss plant being built near a residential area and told how the noise would be a great detriment to the residents. He believes the City should encourage industrial building, but established residential and commercial areas should be protected. He added there is also the concern about lowering the valuation of residential property and gave examples of the effect in other cities. He requests the City Council at this time to vote to start this process. Councilman deLong replied that it appears to him that the concern of the people should be listened to. He moved to start this process all over again to accommodate and protect the interest of these people. Vice Mayor Warnke seconded the motion. Mayor Trauger clarified that it had been moved and seconded to accept this report with thanks from Mr. Arnold Thompson and refer it to the Planning & Zoning Board, City Manager, City Planner and City Attorney to see if there is a resolution to this problem. Under discussion, Vice Mayor Warnke clarified that this was all in reference to the M-1 zoning and Councilman deLong agreed and added it was done years ago. Councilman Wright referred to there being other concerns about rezoning and Councilman deLong clari- fied that it would not be rezoning, but an amendment to the current zoning. Councilman deLong explained how the purpose would be to oive consideration to eliminating obnoxious uses from the present zoning category. As requested, Mrs. Boroni then took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilman Wright Councilman deLong - Aye - Aye - Aye Motion carried 4-0. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 CONSENT AGENDA: Matters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda,' Approval, with.all of the accompanying material to become a part of the Public Record Bids Surveillance System - Police The Tabulation Committee recommends awarding the bid to Jack's Camera Center, Boynton Beach, Florida, in the amount of $1,372.78. Cleaning, Repairing & Paintino of North and South. Water_Tanks. Utilities The Tabulation Committee recommends awarding the bid to Sunshine Painting, Orlando, Florida, for the North Tank in the amount of $14,500 and the South Tank in the amount of $6,000. .One Unlichted, Standard Gallonaqe Pump - Police The Tabulation Committee recommends awardin~ the bid to Glasgow Equipment Service, West Palm Beach, Florida, in the amount of $1,290. Request for Zoninq Approval for Alcholic Beverage License Paul Fligier and Horst Langner dba Small Mall 3627-B South Federal Highway Boynton Beach, FL 33435 In reference to this application, ~. Bert Keehr, Deputy Buildinq Official, noted that the zoning permits the sale of beer and wine for consumption on premises, in conjunction with a duly licensed restaurant and also permits the sale of packaged beer and wine. Approval of Bills See list attached. List of Payments - Month of January, 1983 Councilman deLong moved to approve the CitY ~naqer's proposed consent agenda listed as Item V consis~inq of A - Bids 1, 2 and 3; B - Request for Zoning Approval for Alcholic Beverage License; C - Approval of Bills; and D - List of Payments - Month of Jan- uary, 1983. Councilman Wright seconded the motion. No discussion. Motion carried 4-0. -9- MINUTES - .REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 DEVELOPMENT PLANS Approve request for joint allocation of parking and modified site plan approval submitted by Kimley-Horn and Associates and Goldenholz- Fischer Associates, for Sunshine Square Shopping Center. Request consists of a reduction of 54 parking spaces from the required 623 and an after the fact approval of shopping center construction and .~anges to the drive-thru bank facility Mr. Annunziato explained how this was a request for joint alloca- tion of parking with further clarification given in his attached memo of February 8. The Planning & Zoning Board recommended for a joint allocation of parking and approval of the modified site plan. Councilman Wright moved for approval subject to staff comments, seconded by Councilman deLong. No discussion. Motion carried 4-0. Approve Site Plan Modification request submitted by Ferguson Glasaow and Schuster, Inc. for Ascension Lutheran Church. The modifications include architectural changes to the proposed building and substitution of 93 sodded parking stalls for 93 paved parking, stalls Mr. Annunziato informed the CounCil that this request is within the limits of the parking lot ordinance and the Planning & Zoning Board recommended the requested site plan modifications be approved subject to submission of the proposed cross section for non-paved parking to the City Engineer for approval. Councilman deLon~ moved approval, secOnded by Vice Mayor Warnke. No discussion. Motion carried 4-0. Approve Modified Site Development Plan submitted by Karen ~annchen for changes to the GOlfview Harbour Estates site plan. The modifi- cations consist of converting 8 units without garages to 8 units with garages Councilman deLong moved for deletion, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. Approve Preliminary Plat for South 'Palm Beach Industrial Park submitted by Michael Schorah, P.E. for Industrial Associates, Inc. located east of High Ridge Road, south of Miner Road extended and consisting of 24 industrial lots plus infrastructure improve- ments Ms. Annunziato explained the plat and noted the location. He added that the applicant has now placed on file with the City an acceptable letter of credit to construct High Ridge Road -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 and plans are included in the preliminary plat. Hopefully they will have the right-of-way in hand within a month and High Ridge Road can be constructed by this summer. This was reviewed by the Technical Review Board and given a positive recommendation based on the following comments: ~ 1. The area should be added to the dedication. 2. The right-of-way dedications with book and page numbers as recorded in the County Clerk's office should be shown for High Ridge Road and access roadway. 3. The subgrade for the 60 ft. rights-of-way are to be stabi- lized to 50 psi, Florida Bearing Value. 4. P.R.M. and P.C.P. legend should be shown correctly on plat. 5. Consideration should be given to the saving of trees within the High Ridge Road right-of-way. Most of the trees within the right-of-way will have to be removed. Trees not'affected by grading operations should be saved. Mr. Annunziato added that High Ridge Road will be paved with a bike path. The Planning & Zoning Board unanimously recommended approval. ~yor Trauger asked how many trees were in the right-of-way and Mr. Annunziato informed him that it is heavily forested. Vice Mayor Warnke asked if this was the plat that was supposed to change their name to Boynton Beach Industrial Park and Mr. Annunziato replied negatively as there is one by that name at Woolbright Road and the E-4 canal. Vice Mayor Warnke objected to this being called the South Palm Beach InduStrial Parklwith it being located in Boynton Beach and ~. Annunziato replied that he will address this comment to the applicant. Councilman deLong moved to approve the Planning & Zoning Board's unanimous recommendation that the proposed preliminary plat for South Palm Beach Industrial Park'be approved subject to the city EnGineer's memorandum to the City Planner dated February 3, 1983. Councilman Wright seconded the motion. Under discussion, Mr. Michael Schorah representing the developers came before the Council and stated ~n response to the Vice ~ayor's comments, there has been a name change on this particular property once. This name was agreed upon as being satisfactory. He is not in a position to comment on making a name change for this property at this time. City Manager Cheney asked if there was any legal reason it could not be done since the plat had not been recorded and Mr. Schorah replied negatively. ~. Vance clarified that ~,~. Schorah must talk to his clients and Mr. Schorah agreed and added that he will approach them about this. He asked if there was a -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 particular name desired and Mr. Cheney suggested includin~ Boynton Beach in the name. Vice Mayor Warnke told about residents not being favorable to names referring to Palm Beach. Mr. Schorah advised that he will discuss this with his clients. Mayor Trau~er clarified that it had been moved and seconded to accept approval of this and a question will be raised· reqarding a possible name change to be discussed with the City Planner. ~tion carried 4-0. Approve Preliminary Plat for replat of Tract P at Hunter's Run Golf and Racquet Club entitled Eastgate of Hunter's Run submitted by Conrad Schaefer, P.E. for Summit Associates, Ltd. located approximately 1800 feet west of Congress Avenue on the north side of Summit Drive and provides for construction of the infrastructure improvements for a proposed condominium Mr. Annunziato explained the location and roadway access. He added that following the preliminary plat, there will be a site plan for approximately the western half of the project. This came to the Planning & Zonin~ Board with a positive recommenda- tion from the staff based on the following comments: 1. ' Easements should be shown with bearings and lengths. 2. Tract numbering system could be very confusinq if tracts were to be sold. I recommend a numbering system that would not include tracts divided by other tracts. 3. The parking lots should be extended at ends to accommo- date the cars in the end parking spaces. Mr. Annunziato explained about the tracts beinq numbered consecu- tively. He advised this comes to the City Council with a unani- mous recommendation of the Planning & Zoning Board that the pro- posed preliminary plat be approved subject to Mr. Clark's memoran- dum to the City Planner dated February 3. Councilman deLong moved to approve this unanimous recommendation of the Planning & Zoning Board that the proposed preliminary plat be approved subject to ~. Clark's memorandum to the City PLanner dated February 3. Councilman Wright seconded the motion. No discussion. Motion carried 3-0, (Mayor Trauger had left the room). Approve Site Development Plans to Tract P, Eastgate at Hunter's Run located approximately 1800 feet west of Congress Avenue on the north side of Summit Drive. Site Plan provides for construction of Phases I and II of the Eastgate Condominium consisting of 122 units plu.s a pool and meeting room on 44.76 acres Mr. Annunziato added that this does not preclude the addition of units on the eastern half of the property as the tract develops. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 ~. Annunziato informed the Council that this application was reviewed by the Planning & Zoning Board and comes with a positive recommendation based on the following staff comments: - Police Department: Subject to the installation of stop signs at roadway intersections Planning Department: Subject to compliance with parkinq lot code Urban Forester: The landscape plan should show which of the existing Oak Trees will be left (preserved) and which if any will be removed as part of the development plan. Mr. Annunziato continued that the recommendation from the staff is the plan be approved subject to comments. The Planning & Zoning Board Gave unanimous approval with the staff comments. Vice Mayor Warnke asked if these plans went before the Community Appearance Board and PIr. Annunziato replied affirmatively and approval was given. Councilman deLon~ moved to approve the unanimous recommendation of the Planning & Zoning Board that the site development plans for Tract P be approved subject to staff comments. Councilman Wriqht seconded the motion. No discussion. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - Public Hearinq Proposed Ordinance No. 83-3 - Re: Investment of Funds - ~unicipal Police Officers' Pension Fund City Attorney Vance read proposed Ordinance No. 83-3 by title only on second reading: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 18 'PENSIONS AND RETIREMENTS', ARTICLE 3 'PENSIONS FOR POLICE OFFICERS' BY CREATING SECTION 18-166.5 TITLING IT 'APPOINTMENT OF INVESTMENT ADVISORS'; PROVIDING FOR REPEALING PROVISION; PROVIDING FOR A' SAVINGS CLAUSE; PROVIDING AN AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURROSES." ~yor Trauger asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone in the audience wished to speak in opposition to this ordinance and received no response. He then declared the public hearing closed. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Councilman deLong moved adoption of proposed Ordinance No. 83-3 on second and final reading, seconded by Vice Mayor Warnke. No discussion. Mrs. Boroni conducted a roll call vote as follows: Vice Mayor Warnke - Aye Councilman Wright - Aye Mayor Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Ordinances - 1st Readinq Proposed Ordinance No. 83-6 - Re: Land Use kmendment - Stsnford Park City Attorney Vance read proposed Ordinance No. 83-6 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH ~ICH IS MORE PARTICULAP~Y DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY LAND USE DENSITY LOW TO MEDIUM DENSITY RESIDENTIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved adoption of proposed Ordinance No. 83-6 on first reading only, seconded by Vice Mayor Warnke. Under discussion, Councilman deLong referred to the location and Mr. Annunziato explained where it was located on Hypoluxo Road. Councilman deLong asked if it was contiguous and M~. Annunziato replied affirmatively. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Ay.e Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye Motion carried 4-0. Proposed Ordinance No. 83-7 - Re: Rezone - Stanford Park City Attorney Vance read proposed Ordinance No. 83-7 on first reading by title only: -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS PLANNED UNIT DEVELOPMENT PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved adoption of proposed Ordinance No. 83-7 on first reading only, seconded by Vice Mayor Warnke. No discus- sion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye ~yor Trauger - Aye Vice Mayor Warnke - Aye Councilman Wright - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 83- Re: Opposin~ the relocation of the Ocean Avenue Bridge (State Road 804) .............. TABLED (This will remain on the table Until after a City Council Workshop that will be scheduled after the New Council Members take office) Councilman deLong moved to leave this on the table, seconded by Vice Mayor Warnke. Motion carried 4-0. Proposed Resolution No. 83-G - Re: Approval and execution of Water Supply. Agreement with Briny Breezes, Inc. City Attorney Vance read proposed Resolution No. 83,G by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ~YOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE SAID CITY THAT CERTAIN WATER SUPPLY AGREEMENT ~ITH BRINY BREEZES, INC., A COPY OF WHICH IS ATTACHED HERETO AND ~-~DE A PART HEREOF." Councilman Wriqht moved adoption of proposed Resolution No. 83-~, seconded by Councilman deLon~. No discussion. ~s. Boroni took a roll call vote on the motion as follows: Mayor Trau~er Vice ~ayor Warnke Councilman Wright Councilman deLong - Aye - Aye - Aye - Aye ~tion carried 4-0. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Proposed Resolution No'. 83-H - Re: Lot ~winq Liens City Attorney Vance read proposed Resolution No. 83-H by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEmeNT OF CERTAIN NUISANCES AGAINST THE O~ERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Resolution No. 83-H, seconded by Vice Mayor Warnke. Under discussion, Vice Mayor Warnke asked if any of the people listed had been deleted and City ~.~naqer Cheney informed him the list was checked on Monday. Councilman Wriqht asked when this work was done and City Manager Cheney informed him it was done durin~ the last year and second and third notices have been sent. Councilman Wrioht asked if the notices were sent certified and City Manager Cheney replied affirmatively, with return receipts. Mayor Trau~er re- ferred to a notice of lien cettin~ their attention for payment and City Attorney Vance explained this was not necessarily true, but eventually would get attention. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Warnke - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 4-0. Proposed Resolution No. 83-I - Re: Boynton Isles - Plat ~2 Final Plat Approval - City Attorney Vance read proposed Resolution No. 83-I by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PLAT FOR BOYNTON ISLES PLAT NO. 2, A SUBDIVISION WITHIN THE CITY OF BOYNTON BEACH" Councilman deLonq moved the adoption of proposed Resolution No. 83-I, seconded by Vice Mayor Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Councilman deLong - Aye Mayor Trau~er - Aye Vice Mayor Warnke - Aye Motion carried 4-0. -16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1953 Proposed Resolution No. 83-J - Re: Final Plat APproval~-.Tract D-2 Hunter's Run (Cambridqe) City Attorney Vance read proposed Resolution No. 83-J by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PLAT FOR TRACT D-2 OF HUNTER'S RUN, A SUBDIVISION WITHIN TttE CITY OF BOYNTON BEACH" Councilman deLong moved the adoption of proposed Resolution No. 83-J, seconded by Vice ~ayor Warnke. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Councilman deLon~ - Aye ~yor Trauger - Aye Vice ~ayor Warnke - Aye Councilman Wright - Aye Motion carried 4-0. Proposed Resolution No. 83-K - Re: Accepting Improvements Phase I Lake Boynton Estates City Attorney Vance read proposed Resolution No. 83~K by title: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING CERTAIN I~ROVEF~NTS FOR PHASE I OF AN AREA OF LAKE BOYNTON ESTATES" Councilman deLon~ moved the adoption of proposed Resolution No. 83-K, seconded by Councilman Wright. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Mayor Trauger - Aye Vice Mayor Warnke - Ave Councilman Wright - Aye Councilman deLon? - Aye ~tion carried 4-0. Proposed Resolution No. 83-L - Re: Hospital Taxin~ District City Attorney Vance read proposed Resolution No. 83-L by title: "A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE PALM BEACH LEGISLATIVE DELEGATION TO REFP~IN FROM TAKING ACTION THAT WOULD AS~ND THE CURRENT TAXING DISTRICT THAT PROVIDES SUPPORT FOR BETHESDA HOSPITAL" -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16 , 1983 Councilman deLong moved the adoption of proposed Resolution No. 83-L, seconded by Vice ~yor Warnke. Under discussion, Vice Mayor Warnke announced for the benefit of the audience, this goes along with the Delray Beach resolution not to have Boca Raton withdraw from the Bethesda Hospital taxing district to the detriment of Delray Beach and Boynton Beach. He thinks it is in order to approve this. Councilman Wright referred to comments from Representative Jim Watt and stated he thinks a staff person should ~e desiqnated to talk to each person of the Palm Beach County Legislative Deleoation to explain the implications of this action.. Mayor Trau~er asked if he wanted to handle this throuqh the City Manaqer or City Attorney and Councilman Wright replied that personal contact is needed. ~ayor Trauoer asked if the City ~na~er would accept this responsibility Of ~ersonally callin~ them and City Manaqer Cheney replied that he would do it, but thinks ideally the Mayor should make a presentation at the Dele- gation meeting. Mayor Trauger agreed and stated that he would ~ccept this r~spons~bility and make a presentation at the Deleca- tion meetinG, b~t also requested Mr. Cheney to contact them. - City Clerk Boroni then took a roll call vote on the motion as follows: Vice Mayor Warnke - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trau~er - Aye Motion carried 4-0. City Attorney Vance added that at this time of year, it is very difficult to ~et the delegates' attention at a meeting, but .he realizes a presentation will be effective. The practical way to get them at this time of year is to get them in Tallahassee. ~yor Trauger replied that he will do it a~ain, if they believe it is worth it. Other Approval of Extension of Cooperative Library Service A~reement ~. Cheney referred to approving an agreement one time, but there were some questions and changes made and advised it has now been decided to extend the original aqreement one year. Councilman deLong moved approval, seconded by Vice Mayor 5~arnke. No discussion. Motion carried 4-0. Recommended Changes to C-2 (Neighborhood Commercial) District Use Provisions, Nonconforming Use Provisions & Definitions in the City of Boynton Beach Zoning Regulations ~. Annunziato informed the Council that in response to a request for rezonin~ from Royal Petroleum, it became apparent the C-2 commercial district should be addressed as it applies to gas station~ -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16 , 1983 5~. Annunziato explained how gas stations in the C-2 zone had problems when wanting to add a tank, improve this property, etc. In response to this, the Planninq & Zoning Board requested the plannin~ staff to prepare a vehicle to allow gas stations to permit changes in the C-2 zone. He explained the conditional use approval. He referred to the C-3 zone having exact per= formance criteria for the construction of new gas stations and explained how this was used as a guide where applicable in con- ditional use approval reviews. Also apparent was the status of existing uses requiring conditional use approval and this fact now has been addressed. It is felt this is the proper 'response to the Planning & Zoning Board request. The Board unanimously recommended that an ordinance amending the zoning ordinance be prepared and that public hearings be initiated in this regard. Councilman deLong moved to approve the Planning & Zoning Board's unanimous recommendation to the City Council that an ordinance amending the zoning ordinance be prepared with public hearings in hat regard. He complimented the Board and planner for not qoinc into rezonlng and creating spot zoning. Vice Mayor Warnke seconded the motion. No discussion. Motion carried 4-0. Approve Annexation Agreement - NW Corner of Knuth Road and NW 2n~ Avenue City ManaGer Cheney informed the Council that this is a routine agreement by a property owner who indicates that in return for water and sewer, he would voluntary annex into the City when and if he becomes contiguous. Councilman deLong moved to. authorize the execution of this agree- ment since this is conti~uous and City Manaoer Cheney clarified that it is not contiquou~ as yet. Mr. Annunziato pointed out the exact location of the property on the map. Mr. Cessna added that water and sewer will be available to this area. Vice ~yor Warnke a~ked if this could be approved and Mr. Cheney replied affirma- tively as it is a standard agreement and when they become conti~- uous, they will enter into the City. Mayor Trauger asked if anyone from the audience wished to speak on this item. Dr. Richard Carrington, 4674-B Greentree Place, informed the Council that last year, a petition was filed with the County Commission to build a convenience store and gas station on this property; but as a result of the residents' protest, the County Commission denied permission for this type of business. He hopes this is not a maneuver to bypass the County Commission and go through the City. C~uncilman deLonq moved to lay this question on the table and contact the County Commissioners regarding the use of this pro- perty before giving permission to d6 something. City Manager Cheney clarified t~at we are not giving permission to do a~ythinq -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 as we have nothing to do with zoning. Mayor Trauger suggested rephrasing the motion to request them to apply for the agreement after ~etting approval from the County Commission. Mr. Cheney informed him that he thinks the current County policy is they won't listen unless the owner has a commitment for water and sewer. Dr. Carrington clarified that he was not opposed to commer- cial development, but the kind of. business proposed. Vice Mayor Warnke then seconded the motion. Mr. Cessna advised that the people owning this are not the people trying to ~ut a gas station or convenience store there, but are new owners and previously a major oil company owned it. Councilman deLong suggested that the City Manager come back with a report. ~ayor Trauger clarified that it had been moved and seconded to table this and instruct the City Manager to contact the County Commission regarding the zoning of this property. Motion carried 4-0. OLD BUSINESS Review and Approve Organizational and Personnel Chan~es in Fire Department (Tabled) City Manager Cheney requested this to remain on the table. Planning & Zoning Report Responding to Mayor and City Council Request for Recommendation Regarding Annexation Limits Vice Mayor Warnke suggested that this be postponed until tomorrow night for discussion at the workshop meeting and City Manager Cheney replied that he put this on the agenda because the Planning and Zoning Board had met, but it can be postponed until tomorrow night. Mayor Trauger asked if anyone desired to speak on this item. Dr. Carroll W. Kennedy, 1506 S. W. 17th Avenue, referred to resi- dents in Leisureville and other Darts of the City being appalled at the headline which appeared on the "Boynton Beach Times" on Thu~day, February 10, and he then read excerpts from this article. He believes there is a limit when you have to shut the door when there is no place else to go,but everybody should have a chance. He agrees that faulty annexation policies in the past have created horrendous county pockets in Delray Beach and Boynton Beach could be headed in that direction. Many in attendance at the Planning & Zoning Board meeting were disturbed by the Chairman's remarks and his attempt to guide other members. The taxpayers don't want to ham~er growth, but have every right to decide by referendum and not by straw vote whether or not our City should expand beyond the provisions of the land use plan. Instead of discussin~ the EPA and City services, the Chairman and Board members should have served the taxpayers by discussing and weighing the facts that the taxpayers are most concerned with. The availability of future -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 drinking water and a study made of how long it will last if we have people coming the way they have been coming. There is a lack of sufficient parking spaces at the City's beach. ~en the City's residential zoning is fully developed, the populatiOn is' approximated at 65,000 to 75,000 people~ but he thinks that is a low estimate and it will probably be 100,000 or more. Annexation will greatly increase the City's costs for services witk added City departments, construction of police and fire substations, water treatment plant, public workS complex and other public projects. The property taxes received from Motorola and DeBartolo should be to ~continue the low millage rate now enjoyed by the taxpayers. County pockets should not be created and a ~City boundary to the west which would resemble a jigSaw puZZle would be next to impossible to control. Several months ago, they asked to have this issue decided by referendum and they have not chan~ed their minds. He appeals to the CoUncil to~ arrange for a referen- dum on this subject and not a straw ballot. The people should be able to say when certain properties are going to be annexed. Dr. Richard Carrington, 4674-B Greentree Place, stated they are concerned when the City Council and Planning & Zoning Board begins to discUss the political future and~ density of the western areas without asking for input from the area they are discussing. As part of the considerations, they should invite the people to give some input. The City can control the Docket situation. Under the present system where the City requires voluntary annex- ation agreements from developers at some future date has the City headin~ towards pockets which they will not be able to control. At the present time, Quail Ridge, Delray Dunes, etc. are receivinc adequate service from the County and think'Eoynton Beach can only o~fer higher taxes. There have been more than 35,000 dwelling units approved in a 20 square mile area west of the City in the annexation area. There will be a population of 75~000 people out there. The County will no longer be able to furnish services. This area has been denied the option to set up a separate city or corporation and will have to annex into Boynton Beach - what is their option when the County cannot provide services? He knows Delray Beach has been trying to get a bill through to make it ~ossible for the City to forcibly annex pockets in the City without approval of the people, but the members of the Legisl~tive Delegatio~ are opposed to this. ¥~hy does Boynton Beach continue to require mandatory annexation documents if' they want to control the City? Mayor Trauger referred to the extension of City services and Cguncilman deLong replied that there is a surcharge when not within the City limits. Mayor Trauger explained how applicants signing voluntary agreements were given priority and also, pockets won't be created as annexation will not take place until t~e property is contiguous. The City does have the right to deny annexation. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16 , 1983 Dr. Carrington clarified that he was trying to point out that the Council has it within their power to limit growth without going through a referendum as they can decide where they want the line and stop annexing. Mayor Trauger replied that with am annexation agreement, they can accept it or deny it. Councilman deLon~ stated that the public wants the right to say whether the City is going to be larger than the present boundary lines and he thinks they have every right to do that by referendum. Dr. Carrington clarified that the Council has it in their power al- ready to control growth and Councilman deLong re~lied that the present members may not always be here and it should be done bv the people; it is of such major importance, he believes the people should make the decision. Councilman deLong referred to there being many non-conforming properties located in the western area and Dr. Carrington aqreed that many streets are not standard also. Councilman Wright referred to the State having a committee on growth and management and stated there is a lot of studyinq being done. Also, the Planning & Zonino Board has submitted an interest- ing report and did a thorough job~ By setting an unbinding line, it would be misleading to the Dubtic. If a boundary could not be set, it would be wasteful to spend money for a referendum. Mayor Trauger suggested accepting the recommendations of the people and' discussing at the workShop meeting tomorrow night. Councilman deLon~ stated that we should accommodate the requests and move to put i~ to referendum. Mayor Trauger suggested waiting until after the meeting and hearing presentation and Councilman deLong ~referred to the concerns of the people and stated he would not accept the recommendation from the Planning & Zoning 'Board as it is too lengthy and the implications should be studied. ~ayor Trauger questioned if the ~eDort was not to be accepted, should the work' shop meeting still be held and Councilman deLOng clarified that he~ has not accepted the report, but has listened to the people's objections to annexation. He continued that.he thinks the people in the City should be given more time and invited to a meeting as a lot of people are concerned and interested. Councilman deLong then made a motion to set up a workShop meeting within two weeks and notify people in the public Dress. Vice Mayor Warnke asked if the meeting tomorrow night was advertised and City Manager Cheney informed him' that it was set by the City Council. Councilman deLong clarified that his point is that the people were not apprised of the meeting. After further discus- sion, it was agreed to make a decision at the workShOp meeting tomorrow night whether to continTM it to a future date or adver- tise same. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Cemetery Trust Fund Councilman deLong referred to the City Attorney drafting the Declaration of Trust and asked if he was satisfied and ~. Vance replied that he had not had the opportunity to.review it. He will review it and redo the trust agreement and the ordinance will have to be amended to comply with the trust agreement. Councilman deLong moved tO lay on the table the question reaard- ing the agreement, seconded by Vice Mayor Warnke. Motion carried 4-0. FPL Curtailable Service Agreement (Water Plant) City Manager Cheney recommended that the Council authorize the signing of this new rate agreement with FPL for electricity to the water plant because of actions taken by the Public Service Commission and FPL. Councilman deLong moved to execute this agreement, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. Housinq Councilman Wright referred to requesting a report from the City staff several months ago and stated he would like to see if the staff could have a report by the second meeting of next month regarding the feasibility of an independent housing authority and how to proceed. Councilman deLong informed him that our own housing authority was originally appointed, but we were notified it would not be under control of the City and where is authority now for it to come under the City? Councilman Wright stated that we can make such a request if there is funding. Councilman deLonG clarified that it was under the City and we were advised it must be under County control and the City could only make appointments. He wants background information. Councilman Wright agreed that he would like a report. Councilman Wright moved to obtain a report in reference to the possibility of the City having their own housin~ authority. Councilman deLong seconded the motion. No discussion. Motion carried 4-0. NEW BUSINESS Civic Center Councilman WriGht referred to it being a concern of the citizens to make improvements to the microphone system at the Civic Center aqd stated he would like to make it a priority for a new system iN the next budget. City Manager Cheney told about there periodi- cally being some feedback on the present system and explained how probably all that was needed was some rewiring or repairs. -23- MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Vice Mayor Warnke qu~tioned the age of the system and Mr. Cheney informed him that it is six to seven years old. Councilman Wright made a motion to study the sound system in the Civic Center, seconded by Councilman deLong. No discussion. Motion carried 4-0. ADMINISTRATIVE Appoint one member to Board of Adjustment to replace Nick Cassandra Councilman deLong moved that nominations be opened, seconded by Vice Mayor Warnke. Motion carried 4-0. Vice Mayor Warnke nominated Mr. Harold Weinberg. Councilman deLong moved that nominations be closed, seconded by Vice Mayor Warnke. Motion carried 4-0. Councilman deLong made a motion to appoint Mr. Harold Weinberq to the Board of Adjustment, seconded by Councilman Wright. No discussion. Motion carried 4-0. Approve contingency transfer for South County Fire Rescue Training Tower Councilman deLong referred to reading the communication from the City Manager and moved that payment be paid. Councilman Wright seconded the motion. No discussion. Motion carried 4-0. City. Elections City Manager Cheney distributed a list of candidates as they will appear on the general election ballot. Mayor Trauger announced the listing as follows: DISTRICT I Nick Cassandra Walter D. Kies DISTRICT III Carl Zimmerman DISTRICT V Morton Goldstein Sam Wright Vice Mayor Warnke questioned the instructions on the ballot and City Manager Cheney informed him that it would be to vote for one in each district. Councilman deLong moved to accept the results of the primary election held on February 15, 1983, and include the results in the record, seconded by Vice Mayor Warnke. No discussion. ~.~tion carried 4-0. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 16, 1983 Councilman deLong moved to accept the list of candidates and place on file, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. Transfer of Cemetery Lots City Manager Cheney announced that he had received a request to transfer Lots 4 & 5, Block M, in Boynton Beach Memorial Park, Addition ~1. Councilman deLong moved to approve this transfer upon the recommendation of the City Manager, seconded by Council- man Wright. No discussion. Motion carried 4-0. OTHER Vice Mayor Warnke referred to there being two little precincts with just a few voters and asked if these could be consolidated and City Attorney Vance explained that the voting precincts are established by Jackie Winchester and he assumes even if there were only seven voters, there is the possibility of having 500 registered voters in that precinct. Mr. Cheney added that some of the precincts have people from outside of the City. Vice Mayor Warnke aSked if there could be a resolution in reference to this and ~. Vance suggested talking to Mrs. Winchester, Supervisor of Elections. ADJOURNMENT Councilman deLong moved to adjourn, seconded by Councilman Wright. Motion carried 4-0 and the meeting was properly adjourned at 10:00 P. M. ATTEST: City Clerk Recording Secretary (Three Tapes) Vice Mayor /'~ ( ~ncilma~ -25- February 10, 1983 MEMORANDUM ATT: THE CROSSINGS OF BOYNTON BEACH PROPOSED 280 UNITS ON 30.4 ACRES Mr. Carmen Annunziato, City Planner Mr. Charles Frederick, Recreation Director Gentlemen: As a response to the meeting of 2/10/83, we have agreed to build the following recreatibnal facilities. Instead of doing only five (5) of the proposed seven (7) items in your "Open Space and Recreational Master Plan", we will do eight (8) as itemized in this letter. Also, we agree with Mr. Frederick's request to do 50% of recreatio in 1st phase and 50% in our 2nd phase. All recreational planning will be completed with the conclusion of the second phase. The facilities to be completed before phase 3 are as follows: A drainage lake of a depth in the 14 ft. parameter. (May be stocked with fish if practical.) 2. Horse shoe and shuffle board in recreational core. A professionally designed children's play lot with appropriate open space irrigated and sodded. 4. A separate heart trail with a minimum 1/2 mile track. 5. A paved bike path with approximate length of one (1) mile. 6. Two (2) tennis courts. 7. A 21 x 81 clubhouse (showers, lavatories, kitchen, etc.). 8. A 30 x 60 swimming pool. ' OF BOYNTON BEACH FEDERAL HIGHWAY & N.E. 22 AVENUE, BOYNTON BEACH, FL 33435 P.O. BOX 430, BOYNTON BEACH, FLORIDA 33425 (305) 272-6033 (305) 272-7344 MEMORANDUM -2- February 9, 1983 We were most pleased to meet with both of you and are satisfied that your professional advice will enhance our proposed project so that it will be a new standard for the future in Boynton Beach. We understand that the above will assure our compliance for the maximum recreational credit. Again, our sincere thanks for your attention to this plan which we sincerely believe will satisfy all interested parties. RH/JB:j Yours truly, Robert Hamilton cc: Ivan Olzak, Engineer Michael Listick, Esq. Pamela Newman, Partner Frank Cardo, Consultant Stephen Ryan, Architect AGENDA ADMINISTRATION February 16, 1983 e 0 Approval of Bills: B. & H. Sales 300 Plastic Meter Box with lids Pay from Water & Sewer Revenue---401-333-533-60-51 B. & B. E~uiD~ent Sales Co.~ Inc. 15 Dump~ers for Sanitation Dept. Pay from Sanitation Cap.Replace.---103-341-534-60-gB Per bid 11/24/82, Council approved 12/7/82 Department of Health & Rehabilitative Services Payment 1 & 2 Florence Fuller Child Development Pay from Federal Rev. Sharing---320-641-564-40-5A Ordinance ~73-.15, passed 5/15/73 Holmac International Corp. Gas, Oil & Lube Pay from General Fund---001-193-519-30-21 I.B.M. Corporation Typewriter Ribbons for Central Office Supply Pay from General Fund---001-211-521-30-11 42.00 " " " " ---001-000-141-01-00 1,175.50 Total 1,217.50 I.B.M. CorDoration Lease Copier III Model 40 (City Hall) Charge to various departments---General Fund and Water & Sewer Revenue Fund Jo & J. Chemical Co. 1 Pressure Cleaner Delco Model Pay from General Fund---001-193-519-60-42 Kelly Tractor Co. Repairs to Trax-cavator Pay from General Fund Insurance Reserve 001-000-247-41-00 $4,953.16 Pay from General Fund 001-193-519-40-32 $4,059.65 $ 2,124.00 7,210.00 2,198.02 1,488.85 1,217.50 1,585.64 1,525.00 9,012.81 COUNCi. L APPROVED: ]V]eet]ng. " 10. 12. 13. 14. 15. 16. 17. -2- H.F. Mason Equipment Corp. 1 Elgin Pelican Street Sweeper & Front end Loader Pay from Federal Revenue Sharing---320-411-541-60-81 Per bid 11/8/82, Council approved 12/7/82 Myre Fairway Golf Course Const.Co.,Inc. Golf Course for period from 1/1/83 to 1/31/83 Pay from B.B. Recreation Facility Constr. Fund 415-000-169-41-00 Palm Beach Tractor Co.,Inc. 3 John Deere 21" Self-Propelled Mowers Pay from General Fund---001-195-519-40-49 Rossi and Malavasi For Extension of Water & Sewer Service to Municipal Golf Course. Pay from B.B. Recreation Facility Constr. Fund 415-000~169-41-00 Russell &Axon Professional services rendered on various projects. Pay from the following accounts: 403-000-169-01-00 $20,1~9.59 403-000-169-11-00 1,674.36 South Central Regional Wastewater Treatment Board Services in the treatment & disposal of wastewater for the month of January, 1983. Pay from Water & Sewer Revenue---401-353-535-40-9I Von Hagge & Devlin, Inc. Monthly payment due February Installment for Golf Course design. 415-000-169-41-00 Isiah Andrews Driver for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance %73-15, passed 5/15/73 Willie Ruth McGrad¥ Server for Senior Citizens Club 3 wks. ~Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 $ 68,236.00 66,879.18 1,155.00 3,750.00 21,843.95 68,776.00 2,800.00 210.60 201.60 -3- 18. Allen Insurance Agency Liability Insurance for Public Officials Pay from General Fund---001-195-519-40-48 Pay from W.&S. Rev.- .... 401-395-539-40-48 Total $5939.00 1131.00 $7070.00 7,070.00 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Finance Director I therefore recommend payment of these bills. P~ter L. Cheney, ~ity Manager Meeting: RUSSELL & AXON Established in 1920 Engineers · Planners · Architects Incorporated February !0, 1983 Mr. Peter L. Cheney, City Manager City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 STATEMENT Summary of Russell & Axon Invoices for Professional Services for City Council Approval. For 1MG Water Storage Tank (15th Avenue & Congress) Invoice No. 16 626-681-44-6 - Resident Inspection Authorization dated 5/23/79' For P.S. & F.M. - San Castle& St. Andrews Invoice No. 15 - 626-681-62-2 - Plans & Specifications Authorization dated 5/6/81 and Resolution-81-Z For Test Well Program Invoice No. 11 - 626-681-68-1' Professional Services Authorization dated 3/18/82 For Test Well Program Invoice No. 2 - 626-681-68-3 - Professional Services Authorization dated 3/18/82 For Master Plan for Water System Expansion Invoice No. 9 - 626-681-70,1 - Professional Services Authorization dated 5/4/82 TCB/er cc: Perry A. Cessna Finance - Betty Zobel R&A Files GRAND TOTAL THIS STATEMENT $ 4,568- 55 1,674.36 t ,840. O0 11,707.54 .2,053.50 $21,843.95 COUNCIL APPRO~ Meet~ng.:~ ..,- 110 EAST ATLANTIC AVENUE. SUITE 414W · DELRAY BEACH, FLORIDA 33444 MEMORANDUM Chairman ~ Members Planning and Zoning Board ~'~rmen Annunziato cd~y Planner DATE FILE SUBJECT February 8th, 19 83 SUNSHINE SQUARE SHOPPING CENTE~ JOINT ALLOCATION OF PARKING RE Section II (H) (13) of Appendix A zoning of the Boynton Beach Codes of Ordinance, (copy attached) provides for the potential for sharing parking among land uses based on submission of quantitative data, review by the Technical Review Board, the Planning and Zoning B0ard,. and approval by the City Council. On behalf of ~e Building Company, owners of the Sunshine Square Shopping Center, Kimley Horn and Associates, Inc., have submitted to the City quantitative evidence r~ated to parking demand for the Sunshine Square Shopping Center (copy attached). This evidence consist~ of an analysis of peak use time intervals, parki~ cou~s and updated parking allocation requirements. The study con~uded that the five hundred and sixty nine '(569) parking Spaces provided at the Sunshine Square Sh ping Center are adequate in number to serve the demand generated. To that end, a subcommittee of the Technical Review Board consisting of the C~ Planner, Building Official, C~ty Engineer, and Police Captain Hillery reviewed the evidence submitted by Kimley Horn on February 8th, 1983~ The subcommittee found th evidence to be accurate and applicable to th~ specific needs of the site, and based the information submitted, recommends that the requested joint allocation of parkin be approved. xc: TRB Member~ City Manager C ent~ Files Bui~ding Official Carmen Annunziato ~ City Planner :g © r,~ rq ~'q 0 r,. ~.