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Minutes 01-18-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 18, 1983 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Wolf~ Assistant City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The invocation was given by Rev. Edward Wollenweber, Boynton Beach Congregational United Church of Christ.' A special prayer was offered on behalf of the Annunziato family in the loss of their little two year old daughter, Michelle Marie. The pledge of allegiance to the Flag, led by Mayor Tra~uger, followed. AGENDA APPROVAL Mayor Trauger added an item under '.'ii, E, Announcements." Under "VIII, LEGAL, C, Resolutions, 3," he added-.~a proposed Resolution regarding growth of the City, and under "XI, ADMINISTRATIVE, E, he added "Comments About Administrative Matters." City Manager Cheney added under "VIII, LEGAL, B, 2"-Proposed Ordinance No. 82-51, re the Monahan property, and under 'lC, Resolutions, 4, at the request of Vice Mayor Warnke, he added a proposed Resolution relative to to the bridge over the Intra- coastal at N. E. 2nd Avenue. He also asked to add to "IV, CONSENT AGENDA," under "G, Approval of Bills" the purchase of the trailer at the Fire Department, as mentioned in the contingency transfer. Councilman Wright added under 'IX, OLD BUSINESS, C" Boundaries for Santaluces School. Councilman deLong added an item under "X, NEW BUSINESS, B." Councilman deLong moved to adopt the Agenda as revised, seconded by Councilmember Woolley. Motion carried 5-0. Announcements Proclamation - Arbor Month - January, 1983 Mayor Trauger read a Proclamation designating the month of January as Arbor Month in the City of Boynton Beach. Mayor Trauger recognized Assistant City Attorney James Wolf as attending his last meeting with the City and presented him with a MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18~ 1983 certificate signed by all members of the Council after reading the attached letter into the records. Mr. Wolf is moving to Tallahassee to serve as Chief Counsel to the Florida League of Cities. Mr. Wolf thanked the Mayor and said he had enjoyed serving this Council and found the staff and Council to be most professional. Mayor Trauger then recognized Councilmember Patricia Woolley, who has been selected as an ~'Outstanding Young Woman of America for 1982" mn recognition of outstanding ability, accomplishments and service to the community. William R. Whee~er/~ was congratula~by Mayor Trauger as a Life Scout attending the Council meeting to observe City government as he completes his merit badges, working toward the highest rank in Boy Scouting - Eagle Scout. The Mayor said he, too, had been an Eagle Scout as a youth and fully realized the ardors "William" was going through. The Mayor again reminded the citizens of the City that the dead~ line for filing Homestead Tax Exemption was March 1st. MINUTES Reqular City Council Meetinq Minutes - January 4, 1983 Councilman deLong moved to adopt the minutes as presented. Motion seconded by Councilman Wright and carried 4-0 with one abstention. Mayor Trauger abstained from voting since he did not attend the meeting of January 4. PUBLIC AUDIENCE Mayor Trauger asked that anyone wishing to speak on any item on the Agenda please come forward and give their names to the City Clerk. When that item comes up on the Agenda, they will be called upon to address the Council. He then called for anyone wishing to speak on any item not on the Agenda to come forward. Mrs. Lottie Pierce, 203 N. E. llth Avenue, Boynton Beach, again appealed to the Council for closer scrutiny of her water, sewer and garbage bills. She distributed, copies of some of her bills and said she had already spoken with the City Manager. She felt her bills were much too high, especially the sewer portion. After discussion, Councilman Wright moved to have the City Manager and the Utilities Department analyze Mrs. Pierce's bills and - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 report back to the Council concerning the rates, percentage and the explanation. Motion seconded by Councilmember Woolley and carried 5-0. CONSENT AGENDA: Matters in this Section of the Agenda are pro- posed by the City Manager for 'Consent Agenda" Approval, with all of the accompanying material to become a part of the Public Record A. Bids: R & A design authorization for Water Main Extension - Old Boynton Road - Project ~626-681-71 - Boynton Beach Mall Cost Sharinq Russell & Axon, in their letter of January 10, 1983, estimated the construction cost to be $135,000. Perry Cessna, Director of Utilities, received a letter dated December 22~ 1982 from Edward J. DeBartolo & Associates as their commitment to pay their share (not to exceed $5,018.75). e Electrical Work at the Golf Course Maintenance Building and Golf Course Cart Storaqe Buildinq - Buildinq The Tabulation Committee recommended awarding the bids as follows: Maintenance Bldg. - Mahar Electric, 3147 N. W. 69th Street, Fort Lauderdale, Florida 33309 $3,800; Cart Storage Bldg. - Liberty Electric Inc., .5190 N.. 10th~.Avenue, Lake Worth, Florida 33463 $6,426, for a total of $10,226. One New Pressure Cleaner (Delco Model 610-PE1 Portable Electric 1 Phase or Equal) - Public Works The Tabulation Committee recommended awarding the bid to J & J Chemical Co., P. O. Box 23011, Fort Lauderdale, Florida 33-307 in the amount of $1,525. The low bid from Merrill Fox Ent., Inc. was not accepted because they did not meet the pump capacity specifications. Be Approve Contingency Transfer - Purchase of Fire Administra- tion Trailer Budget Transfer Request dated January 10, 1983 to provide funds for the purchase of Fire Administration Trailer. C. Accept Riqht-of-Wa¥ Deed/Hiqh Ridqe Road In his memorandum dated January 6, 1983, Carmen Annunziato, City Planner wrote to City Manager Cheney that this deed was for that portion of High Ridge Road opposite from the Florida Pneumatic plant. The deed was submitted by James Trindade for Max Schorr to the City as part of the Industrial Associates' Planning and - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Zoning Board requirements. D. Approve Chanqe Orders #19 & ~20 - Phase I - Tennis Center According to the memorandum from Charles C. Frederick, Recreation & Park~irector, to City Manager Cheney, dated January 7, 1983, Change Order 19 for Electrical Changes (Pump) Design Error in the amount of $496,531.30 (increase of $569.-19) and Change Order 20 for an Additional 530Cubic Yards. of Fill @ $7 for a total of $500,241.30 (increase of $3,710.00) from Lassiter Construction Company, should be the last to be processed. All paperwork has been verified, agreed to.by both parties, and contain all necessary signatures. E. Accept City Manager's Report - Board of County Commissioners Workshop on the ~Beach ReStOration'ProjeCt in Ocean. Ridqe F. Accept List of Payments - Month of December, 1982 G. Approval of Bills The following bill was added to the lilst attached: "18. Desiqn SDace International $12,137.00 To purchase trailer @ Fire Dept. Pay from Fed. Rev. Sharing 320-221-522-60-26 He Approval of Placing of Construction Office Trailer for a maximum of 12 months, requested by Charles R. Love, General Contractor, Lake Boynton Estates, S. W. 1st Avenue Revision of our award for repazr'to the City Hall and Library Roofs In his memorandum of January 18, 1983, City Manager Cheney advised a better material for the top protective layer had been identified to be applied to both of the above roofs. The additional charge to these two roofs in $4,400, and he recommended that the Council authorize the contingency transfer of $4,400 for the roofs, in accordance with the memorandum dated January 13, '1983 from Edgar E. Howell, Building Official. J. Approval of Golf Course Water and Sewer Proposal City Manager Cheney recommended in his memorandum of January 18, 1983 that the engineering proposal from Rossi and Malavasi to provide water and service to the City Golf Course for a cost of $2,950 be executed. K. Accept City Sponsorship of State Shuffleboard Tournament Charles C. Frederick, ~e~creation & Park Director, in his memorandum of January 4, 1983~ques~ed~~ ~' ~'~ ~ ~he- ~.',sboVe.~f~'~ ' ~UFebruary,· ~' 'ne~ ~. TM ~ c~. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 In his memorandum to the City Council dated January 18, 1983, City Manager Cheney said both he and Charles Frederick strongly supported the idea of the City hosting this event and recommended that the City Council agree that the City sponsor the tournament. On the Budget Transfer Request, it was recommended that a new account in the amount of $1,200 be set up to fund the State Shuffleboard Tournament with funds remaining from the Christmas Parade. Councilman deLong moved to approve the Consent Agenda as outlined above. The motion was seconded by Councilmember Woolley. Under discussion, Councilman Wright questioned the Change Order on the Tennis Center. The Mayor informed him that they had processed several change orders two meetings ago from Lassiter Construction Company, both up and down. City Manager Cheney advised that very ~shortly, he would be giving the Council a complete financial summary on this project. The total was very close to the original budget. Councilman Wright also asked if the Christmas Parade cost less than budgeted. Cfty Manager Cheney replied affirmatively and that this money was set aside. Councilman deLong referred to the Right-of~Way Deed/High Ridge Road and asked if this road was about to be cut through. City Manager Cheney advised that were three more parcels~to deed. (Two are in escrow, and the Attorney will get those out of escrow. The third one is being prepared to give to the City.) As soon as this is ready, the contractors will begin construction of the road. The vote to approve the Consent Agenda carried 5-0. BIDS (See Consent Agenda.) Since it was not 8:00 P. M~, Councilman deLong moved to dispense with the regular order of business and move to Section VIII, LEGAL. The motion was seconded by Councilman Wright and carried 5-0. LEGAL Ordinances - 2nd Readinq - PUBLIC HEARING None. Ordinances - 1st Readinq - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Proposed Ordinance No. 83-1 Re: Amending Boynton Beach'Code of Ordinance Section 13-88 License & Registration Fees, Article II, Contractors, Chapter 13 Licenses by repealinq in its entirety Attorney Wolf read proposed Ordinance No. 83-1 by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ING SECTION 13,88 ' LICENSE AND REGISTRATION FEES' , ARTICLE II, ' CONTRACTOr', CHAPTER 13, ' LICENSES' BY REPEALING IN ITS ENTIRETY SECTION 13-88; PROVIDING FOR A REPEALER CLAUSE; PRO- VIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN OONFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHKR PURPOSES." Councilman deLong moved to adopt proposed Ordinance No. 83-1 on first reading. Instead Of Section 13-88, Vice Mayor Warnke thought it should be 13-38 and asked Attorney Wolf to look it up. Attorney Wolf advised that it should be 13~38 in all language of the Ordinance. Mayor Trauger stated that in the motion and in all language of the Ordinance it should be 13-38. The motion was seconded by Councilman Wright. At the request of Mayor Trauger, a roll call vote was taken on the motion by Mrs. Padgett, City Clerk: Vice Mayor Warnke Councilmember Wooltey Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Resolutions Proposed Resolution No. 83-B enactment Re: General Revenue Sharing Re- Attorney Wolf read proposed Resolution No. 83-B by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE RE~A~ OF FEDERAL GENERAL REVENUE SHARING." Upon a motion by Councilman deLong, duly seconded by Council- member Woolley, to adopt proposed Resolution No. 83-B, a roll call vote was taken: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Proposed Resolution No. 83-C Lake Boynton Estates Project Re: Reduction of Bond - Phase 1 Attorney Wolf read' proposed Resolution No. 83-C by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE PERFORMANCE BOND FOR PHASE I OF IMPROVemENTS TO AN AREA OF LAKE BOYNTON ESTATES" Councilman deLong moved to adopt proposed Resolution No. 83-C, seconded.by~Councilmember Woolley. A roll call vote was taken by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Councilman deLong moved to revert to the Public Hearing scheduled for 8:00 P. M. The motion was seconded by Council- member Woolley and carried 5-0. PUBLIC HEARING - 8:00 P. M. Applicant: Request: Location: Proposed Use: Legal Description: Royal Petroleum, Inc. Rezone from R-2 (Neighborhood Commercial) to C-3 (Community Commercial) 645 N. W. 2nd Avenue, Boynton Beach, Fl. Continuation and expansion of existing automobile service station Laurel Hills, Lot 2 (TABLED by Planning and Zoning Board) City Manager Cheney stated that this item was tabled by the Planning and Zoning Board. The Planning staff recommended against the request but suggested that one solution would be to amend the C-2 zone to allow gasoline stations to be conditional uses. The Planning and Zoning Board tabled the issue for further study and to allow time to prepare an Ordinance to amend the C-2 zone. Councilman deLong moved to table the Public Hearing on the Royal Petroleum request until the recommendation is received from the Planning and Zoning Board. The motion was seconded by Council- member Woolley and carried 5-0. Applicant: Henry Skokowski for Southern Senior Group ANNEXATION of an 11.29 acre tract of land South side of Hypoluxo Road, approximately - 7 - MLNUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Legal Description: 300' west of the intersection of High Ridge Road and Hypoluxo Road Acreage, land in Section 8, Township 45 South, Range 43 East Applicant: Request: Location: Proposed Use: Legal Description: Henry Skokowski for Southern Senior Group Amendment to FUTURE'LAND USE ELEMENT of the Comprehensive Plan to show currently unin- corporated property as low density residential and request for zoning of same property to PUD with land use intensity of 5.00; request for rezoning currently incorporated property from R-1AAA (Single Family Residential) to PUD with land use intensity of 5.00 South side of Hypoluxo Road, approximately 300' west of the intersection of High Ridge Road and Hypoluxo Road A convalescent center, adult congregate living facility and accessory professional medical offices and pharmacy Acreage, land in Section 8, Township 45 South, Range 43 East Tim Cannon, Assistant City Planner, said he would discuss the two applications simultaneously. He advised that both the application for voluntary annexation and the application for Land Use Amend- ment and rezoning received a positive recommendation from the Planning and Zoning Board. Both were unanimously recommended for approval, subject to staff comments. The annexation involves an 11.29 acre tract of land, which lies approximately approximately 300 feet west of the intersection of High Ridge Road and Hypoluxo Road. Mr. Cannon indicated the location on the top of the map. He pointed out High Ridge Country Club. To the east, Mr. Cannon said there are subdivided~iots. Immediately to the south, there is vacant land, and to the north there is a mixture of commercial and residential. Mr. Cannon informed the Council that the applicant's reason for wanting to annex is to develop a Planned Unit Development consist- ing of a combination nursing home, adult congregate living facility and accessory medical offices. This would be part of a Planned Unit Development which would encompass the entire stated area. Mr. Cannon pointed~out that portion of the PUD presently not incorporated and.the portion incorporated in the City of Boynton Beach. He put on an overlay showing the master plan, and said the Planned Unit Development consists basically of a 120 bed convalescent center located in the northwest portion of the property, which would be one to two stories. There would be an adult congregate living facility.~ ~'Mr. Cannon indicated the location and added, "and also in the southern portion of the property. This would be a total of 120 living units, three to four stories high. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 In addition, Mr. Cannon said the applicant is proposing a 10,000 square foot two story office building in the northeastern portion of the development. The applicant is also proposing a half dozen or so~.recreational amenities. Mr. Cannon told the Council they had a memo from the City Planner, which analyzes annexation with respect to #1 - existing conditions; #2 - the City and County Comprehensive Plans; and #3 - the physical impact of this develpment. As far as existing conditions, Mr. Cannon recalled that he mentioned before that there is.the exist- ing High Ridge Golf Course to the southwest, single family homes to.the east; and to the south,, the land is .vacant. Originally, as part of the master plan, the golf course was to be developed. That was developed and surrounding the golf course, Mr. Cannon said there was to be a perimeter of single family homes. Those single family homes were never developed. To the south, along Miner Road, there is water and sewer, Mr. Cannon informed the Council. He said there is a 16 inCh water main and a 10 inch sewer force main in Miner Road, about a mile to the south of the development, which are sized to serve the property. The applicant is required to hook into these water and sewer mains. Access to the site will be from Hypoluxo Road. However, the applicant would have to dedicate a public right-of- way to his property in order to provide access to the vacant, residentially zoned property to the south. With regard to the Future Land Use Plans and also the City's Planned Unit Development Ordinance, the Boynton Beach Comprehensive Plan shows the property at a density of 4.82 dwelling units per acre, being loW density ~esidential. Mr. Cannon advised that all developments within this common area are consistent with this low density. The fact that the proposed development is not a conventional housing development but rather a nursing home and an adult congregate living facility poses a problem in determining consistency with the specified density. In order to make a comparison, Mr. Cannon said the applicant had prepared' a com- parison, which the Council had before them, that ~mpared the proposed development with a development with a density of 4.84 dwelling units per acre. The applicant has analyzed the develop- ment with respect to population, lot coverage, school impact, water and sewer demands, tr.affic generation, recreation, and police and fire protection. In all categories except_traffic, the figures indicate that the impact Of the development does not exceed the 4.84 density of residential development, Mr. Cannon informed the Council. The traffic impact would exceed that of a residential development by anywhere from 25~ to 90~,depending on whose figures you are going by. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mr. Cannon advised that staff recommends that the proposed 10,000 square foot medical office be reduced to 6,000 square feet in order to bring the traffic impact down to an acceptable level. The Planning and Zoning Board went along with this recommendation. Reducing the office floor space would also be necessary, in the opinion of the Planning Department, in order to make the develop- ment consistent with Planned Unit Development Ordinance. Mr. Cannon told the. Council they had a copy of the Planned Unit Development Ordinance dealing with commercial uses. In the PUD Ordinance, it specifies: "Conmercial uses located in a PUD are intended ~.to serve the needs of the PUD and not the general needs of a surrounding area . . ~. co~nercial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project." Reducing the 0ffice floor space, in the.-Planning Department's opinmon, also means that the~Planned Unit Development is consistent with the Comprehensive Plan policies with regard to commercial development. Mr. Cannon quoted from a letter dated December 12, 1982, addressed to Mr. Carmen S. Annunziato, City Planner, from Richard F. Morley, Principal Planner, Palm Beach County Planning Department: '. . . The County's Land Use Plan does not identify commercial potential in the High Ridge Road and Hypoluxo Road area, . ~ . · The relocation of the cc~ercial site toward the interior of the proposal would undoubtedly avoid any precedential cormercial zoning along HypoluxD Road." Mr. Cannon said the letter from the County Planning Department also analyzed traffic impact. With the office at 10,000 square feet, there would be an additional 1,954 trips per day generated in the area on Hypoluxo Road. If the office is reduced ~to 6,000 square feet, this would drop to 1,654 trips a day, which would be an acceptable level by the Planning Department and also the Ptannmng and Zoning Board· Mr. Cannon referred to~ three policies on page 3 of the City Planner's memo, which were quoted from the Comprehensive Plan: "1. Annex only property which is reasonably contiguous to present ~unicipal boundaries." As indicated by the map, Mr. Cannon told the Council they could see the annexation would be reasonably contiguous to the City. He read the second policy: "2. Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing service. ! - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mr. Cannon said the Planning Department found there would be a property tax revenue of about $21,400 a year, and they could not find any significant costs in serving this development after reviewing the comments of the department heads. The third policy of the Comprehensive Plan stated: "3. Annex only properties which are of a sufficient size to provide efficient' service and on which urban developraent is antici- pated. ' Mr. Cannon advised that this property is plainly in the path of urban development, and there are sewer and water mains ~o~thesouth which could serve the property. The Planning Department's recommendation with respect to this annexation was that it be approved, subject to staff comments, and that woUld include the Planning Department's recommendation for reducing the flOor area of the office and locating the office to the interior of the property. The Planning .and Zoning Board, in reviewing these applications, agreed with the City Planner's recommendations that the office be reduced, and the Planning and Zoning Board went along with the applicant's location of that office, which would be 235 feet from the right-of-way line of Hypoluxo Road. For the record, Mr. Cannon read the staff comments as follows: Engineering Department: (Tom Clark, city ~gineer) "1. Proposed improvements appear to be consistent with City requirements; however, ccsmitments for improvements within the County rights of way should be made based on the Traffic Study prior to approval of projech for construction. 2. Dedications for ultimate rights of way for Hypoluxo Road should be shown. 3. Proposed utilities are to be consistent with requirements of the Utility Department." Utilities Department: (Perry A. ~-~Cessna, Director of Utilities) "Please be advised that I wrote you ~about this and we discussed this with their engineer, Michael Schorah. The problems that were discussed need to be resolved between Stanford Park and the present owners of that land." Mr. Cannon explained that this concerned the commitments made at the time of the master plan of High Ridge Road which required the looping of the water mains for the area. The City Manager will expand on that. Kevin Hallan, Urban Forester: See letter~at~a~hedhereto as page 12. - 11 - MEMORANDUM Carmen So Ahnunziato . City'Planner Kevin Hallahan Urban Forester January 3~ 1983 Tree Inventory at Stanfoz Park P~UoD. -L This memo is in reference to the initial tree survey of the above property~ located at High Ridge and Hypoluxo Roads~ There exists on this site several unusually'large ~Florida Slash Pine Trees (Pinus elliotti, dens~) which should be preserved as part~ of th~ developmental process. The larges~ specimen~ which measures 9t 2" in circumference~ is not located On this particular parcel.of land~ but is in the utility RoO.W. for the parcel~ just south of the ~Stanford Park P.UoDo I would suggest that this tree be located by the City Engineering Department and documented as & "specimen tree" desig~ nated by the Tree Ordinance° This would help to preserve this., and the other trees on the site. I will continue to work with the developer and the ToR~B~ in trying to preserve these trees~ some of which are over one hundred years oldo The list below-gives some of the dimensions of the trees in this memo I have been discussing. No. Diameter Circumference Height 1 22~5"' 5~8" -- 50' 2 25.2" 6 "2" 50' 3 29.7" 7 ~7" 72 ~ 4 ' 33.5" 8'5" 50~ 5 23.7" 6 ' 2" 55 ' 6 1.8o6" 4'9" 55' 7 23°0" 6 '2" 55' 8 24 o 6" 6 ' 6" 50 t *9 35.2" 9 '2' 50~ This "specimen tree" is located on the land parcel South of the above property. NOTE: The largest specimen of this.tree species measures 1I'5' in circumference. Any specimen which measure more than 18" in diameter is considered "unusually large" by Forestry practices. If you need any. additional in£ormatlon" ' or documentation, please con'tact me. KH :mpc j Kevin Ha!laban MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 City Manager Cheney told the Council that the City had an agreement with the developer of High Ridge Country Club, relative to looping some water lines and fire hydrants and other things. High Ridge Country Club has sold off this land to these developers. Mr. Cheney said you have the potential profit situation of not knowing sometime in the future who agreed to do what. City Manager Cheney said staff would ask the Council to insist that before this project goes ahead the City has a letter from High Ridge Country Club's developer indicating who is gQing to~ca~y out.the original understanding of'~.the~utility, system with~the countr~ club~, and if i~ is going to be the Stanford Park developers, a letter from them indicating that they accept that, so the City does not (three or four years from now) find out they did not know who was going to do that. City Manager Cheney said they talked to the developers about that, and they know. it, and that can be a part of the conditions for approval. Henry Skokowski, Land Planner and President of Urban Design Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409. He had a short series of graphics which he wanted to present to the Council that would clarify their plan. Mr. Skokowski referred to a short article in the paper about life care communities. He stated that this is a life care community. Mr. Skokowski said the article started out by referring to this kind of development as one where one can grow older with style. The definition of "life care" gmven by an expert was a community of older adults where residents pool their assets to provide themselves the services that they need. In simpler terms, it is college dormitory housing for the elderly. In this case, Mr. Skokowski said they believe they have an attractive site that they hope to work with, preserve as much as possible, and offer a country club atmosphere for that life care community. Mr. Skokowski informed the Council that he represents petitioners that are expert in design, development, construction, and management of nursing homes and life care communities. They are currently managing thirteen facilities throughout the State of Florida, and they have three additional projects similar in nature to this one here presently in the plan approval stage in the Cities of Boca Raton, Plantation, and Winter Park. Mr. Skokowski said he would try and comment on some of the planning comments as he goes along. By way of introduction, Mr. Skokowski informed the Council that the site on the right graphic was the one which was white in the very center. The dashed line represented the municipal boundaries (Boynton Beach going through, more or less, the center of their property). The red area was commercial zoning and building potential. In fact, in the County, Mr. Skokowski said the red striped area ms an area that was recently designated by the members of the Palm Beach County Comprehensive Plan as having additional commercial potential. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mr. Skokowski said he would be addressing that in a little bit. He wanted the Council to understand a little bit about the context of the area and the future development potential by virtue of what the County's plan perhaps ms. The very large green area was the High Ridge Country Club. The master plan that the Council saw (the darker green color) fit into that shape. Mr. Skokowski informed the Council they have a major roadway that will be going through the property along the eastern boundary line, which is at the request of the City (an additional North/South collector that will parallel High Ridge Roadandprovide~': additional access for moving traffic). Mr. Skokowski advised that they would be constructing that thoroughfare through the entire length of their property. The site shows off of that thoroughfare, in the center of the site, a single access.:~to the adult community center itself. Mr. Skokowski pointed out that it shows two brown areas to the north and south and an orange area, which represents the resi- dential component of that project (the orange center being the community center). The community center will be a 25,000 square foot facility It will provide the lounge, the activity areas, kitchen facilities, dining roon~ library, management offices, as well as a transportation center located within that community center. Mr. Skokowski continued by saying the transportation center will provide two vehicles for the transportation of the residents of this community. One will be a 12 passenger van vehicle. The other will be an'airport limousine type bus, which will accommo- date thirty passengers. It will allow residents to take shopping trips, go to medical facilities, church, field trips, and other activities of that sort, so there ms supplemental transportation available thruSts program. In the very northwest corner is the location of the convalescent center, which is s~nonymousto a nursing home facility, Mr. Skokowski informed the Council. That facility will provide for 120 beds. Contrary to what their original application said, Mr. Skokowski assured the Council it will not be one to two stories. It will only be one story. To the right of that is the medical office facility. Mr. Skokowski said they were requesting a s~tback from the newly graded intersection there of Hypoluxo Road and the thoroughfare which will go through their road, separated by land- scape buffer zone. Mr. Skokowski showed a blow up of the office facility. Fortunately for them, Mr. Skokowski guessed that was the only major issue left to discuss that represented any debate between them and the Planning Department and the Planning and Zoning Board. He said they felt very good about how far they went along and the support that they got from those groups. Mr. Skokowski said the graphic tends to show the Council the two story office facility, which would be a total of 10,000 square feet (5,000 square feet per floor) and attempts to begin to show them the relationship - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 between that facility that they were prepared to admit to, in terms of its relationship to Hy~Oluxo Road, ~setback, and so on. Mr. Skokowski had one more graphic he wanted to show the Council that illustrates staff relationship. As one goes from left to right on the scale drawing, Mr. Skokowski said first you are look- ing at a two story facility as drawn (about 24 feet). They show a 20 foot landscape buffer area; there is a full 65 foot area that ~i~l be.~available for parking for that facility. From that point to the right-of-way of Hypoluxo Road, Mr. Skokowski said there is 150 feet of landscape buffer that will be maintained. The net effect is the distance from the Hypoluxo right-of-way to the building (about 235 feet). In terms of the master plan, Mr. Skokowski had a couple of comments. He had the master plan set up. Mr. Skokowski pointed out that the County has a policy of siting commercial develop- ments inwardly, within a Planned Unit Development. That rule works well if you have a 50 or 100 acre community. In this case, Mr. Skokowski said they have a 20 acre community, and it is very difficult to come up with a solution that makes good planning sense that locates that facility just about any place else. The best that they thought that they could do was to make a full commitment to: Plat the 150'landscape buffer to provide a landscaped wall system with a six foot wall which would identify the project, provide for signage and, again, proper screening so that the net effect is that there is no commercial presence on Hyp~- luxo Road. He said they have no interest in a commercial presence, and the Council would have to understand that. Mr. Skokowski stressed that they were not asking for any retail impulse oriented commercial development on this side. It was a small medical office facility. Hopefully, Mr. Skokowski said 50% .of the Use of this facility will be on site by the adult congregate living facility and the medical operations of the nursing home as well. Mr. Skokowski told the Council they feel it can be a complimentary use, as a part of their project. They do not feel it is an encroachment in any way in the community or on Hypoluxo Road, as far as commercial development. It is not commercial zoning. It is a commercial approval within a Planned Unit Development that recognizes the inherent relationships between this type of community and a commercial development. To comment on a couple of other things that Mr. Skokowski thought also to be important on the project, he said the overall master plan for this development calls as much as possible for the preservation of this existing open space. They have identified some significant landscape cover on this property, and Mr. Skokowski said they have made a firm commitment to the staff to preserve all specimen trees and work as glosely as they can with the preservation of all that landscape material. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Between the roadway that is being planned and the development to the east, Mr. Skokowski said there is an additional 30 foot open space area which will remain undisturbed in terms of existing tree vegetation that is in the area. As a compliment to this community, Mr. Skokowski advised that they have recreational facilities planned on site (swimming pools, spas, bath house, shuffle board, putting green, garden plots for their residents, paths for recreational areas, walking and bike ~trai~[~,iout- door pavilion, a security guard house as he mentioned, landscaping, lakes, and a positive program of open space.~and, tree preservation, which is the kind of benefit a community ought to get through a Planned Unit Development approval. As Tim Cannon, Assistant City Planner, mentioned, Mr. Skokowski said they also did a comparative analysis because of the unique position this project has relative to standard planning develop- ments that the Council reviews having standard housing in them. They found they were significantly less than what you would normally ~find. Of course, they had no school impact. Mr. Sk~kowski felt there would be little, if any, recreational impact on the community since the facilities are on site. He advised they will provide on-site security services. The conventional City services that they have .will beaugmented by their 24 hour operations. The one area where they had additional impact was in the area of traffic. ~.Mr-. Skokowski said'they had a little problem in the numbers that the County bad'forwarded to the,.City. Some were understandable but some were not. One of the numbers that the City had been given represents their initial application for 16,000 square feet of office space, Mr. Skokowski told the Council. They agreed, at a meeting earlier at the staff level, to reduce that to 10,000 square feet, so Mr. Skokowski pointed out that number would not be accurate. Mr. Skokowski said they also had the City Planning Department forwarding data to the Council based on the County Planning Department's traffic generation rates and not County Engineering Department's generation'rates. He informed the Council they are using standard generation rates that were accepted by the engineering profession putting it~in the County Engineering Department. Mr. Skokowski acknowledged that they do have an additional impact compared to what would normally_take place on this site in that one area only. However, their participatIon in the intersection improvements of Hypoluxo Road, includ- ,ing offL~i~e improvement at High Ridge Road and HypOluxo, as well as their participation in the signalization of that intersection, will bring the traffic level to a level that they could see was desirable and acceptable on this thorough- fare, Mr. Skokowski continued. Mr. Skokowski told the Council they are also dedicating a substantial right-of-way from Hypoluxo Road'. Their property now extends from, more or less, the center line of the roadway; and - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 their rmght-of-way dedication varies from 45 to 60 feet for the ultimate expansion of that thoroughfare. Mr. Skokowski knew there were a few more comments that he could make. There was one very important one that he thought he needed to make based on City Manager CheneY's comment. Mr. Skokowski expressed that they think they understand the problem and the concern that the City has'regarding the looping of the water system. They felt that their development on this property, which includes in part property that was a part of a previous master plan approval in the City, made them parties to that commitment. Mr. Skokowski said they felt they could maintain their share of that commitment by bringing water service up to and through their property and capping it at the western boundary. They understand, however, the City's concern about the continuation of that commitment. Based on the two alternatives that City Manager Cheney gave him, that they,d'either resolve that problem with the country club people or otherwise, Mr. Skokowski said they would accept that condition (however City Manager Cheney has phrased that) as a condition of their going ahead~. Mr. Skokowski advised that they hope to have that issue resolved before the next meeting, which is about two weeks from tonight. Vice Mayor Warnke noted the applicant was asking the City to re- zone R1AAA to PUD, which is already in the City. Mr. Skokowski said that was correct; about half of the property is in the City. Vice Mayor Warnke told Mr. Skokowski that as soon as the applicant gets the approval, they are going to sell the property to Mr. Lawrence E. White. Mr. Skokowski replied, "No sir. We own this property." Vice Mayor Warnke had an affidavit saying that it~'is an owner contract of purchase to Lawrence E. White, and Mr.~ Skokowski was acting as his agent. Mr. SkOkowski answered that the property ms owned by the petitioner; it is not under a contract to purchase. Mr. Skokowski clarified that at the time of application, the property was under contract to purchase. Mr. Skokowski said Lawrence E. White is mn a development partnership on this property. He informed the Council that Mr. White is a partner in this petition and he does, in fact, with the rest of the develop- ment group own this property to day. Mr. Skokowski assured the Council they were not here on a speculative basis, selling this property to someone else. He said the Partners were here this evening to discuss that and to confirm that on record. Vice Mayor Warnke called attention to the fact that all the City had so far was documentation saying they are going to sell the ~ property as soon as this is approved. Councilman deLong believed, on the advice of counsel, the Council could move on this subject to verification of the question that was brought up by Vice Mayor Warnke. - 17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Councilman Wright mentioned that some of the members of the Chamber of Commerce were quite concerned about the occupancy available of office space mn the City of Boynton Beach. It seemed like the City had quite a few large facilities that are still basically empty. Councilman Wright asked Mr. Skokowski if he thought they would be able to fill up that space once they get the project finished. Mr. Skokowski replied, "Yes, I do.'~ Mr. SkokoWski advised that 10,000 square feet is not a major office facility. It is very small, and they feel confident that a 50% share of that can be taken by medical practice practitioners that will service this facility principally. Mr. Skokowski stated that they feel the additional area is a logical component from the size of this facility and can, in an ancillary manner, service the surrounding community in a way which do'es not intrude on the community. Mr. Skokowski expressed that they feel comfortable that the demand is there, and this type of development is a logical location from the interrelations that exist more so than in other areas. Councilman Wright asked where they were getting their facts and studies, to.~suppo~t thei~ need for something like that. He questioned where they got that and asked if Mr, S~okowski if he did a need assessment himself. To answer that question dir- ectly, Mr. Skokowski introduced the Council to Dr. McCoy, principal in the development team here. Dr. John A. McCoy, 19 Meadow LaMe Court, Winter Haven, Florida, one of the principals involved in this project in a joint venture partnership with Mr. White, informed the Council that they have received a number of-inquiries from physicians, primarily from John F. Kennedy Hospital, regarding office space at this location. Dr. McCoy did not have their names at hand with him but repeated that they have received a number of inquiries regard- ing office space there. The reason for Dr. McCoy commng forward was to address the ques- tion of Vice Mayor Warnke in that he wanted to clarify one point. Dr. McCoy claried that part of the property, that is, the large rectangular portion, is owned by the applicant but the back portion ms under an-option contract (iron clad contract). It is not owned by them at the present time. Dr. McCoy wanted to make that point perfectly clear. He advised that it is under contract; they have not purchased it. Mr. Skokowski was sorry that he was not aware of that. Mayor Trauger asked Mr. Skokowski if he was in agreement with all of the conditions read by Mr. Cannon, AsSistant City Planner, and to the acceptance of the conditions, including the two optmons provided by City Manager Cheney for the loopSng of the water. To make sure that they are clear on that, Mr. Skokowski said he would have to make comment. He told the Council, "Yes, we are in - 18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 agreement with the third consideration of Mr.-Cheney's. We would want clarification from you as to what the CityJs position is on the location of the office facility. We would try to make our best case. We had this before the Planning and Zoning Department, and we are not clear (I'm not clear because of Mr. ~nnunziato's absence) as to what the Director's position is on that. I thought that we had his support, but he is not here to speak for himself." On the third item, the size of the office facility, Mr. Skokowski said the staff had recommended a reduction from 10,000 to 6,000 square feet. Their feeling is that that is solely based on traffic impact, which they feel they will accommodate by additional improvements to intersections and signalization that is already committed to others. That impact can.be mitigated, and 10,000 square feet is not a substantial amount of square feet. Mr. Skokowski said they tried to demonstrate that again through their site plan graphics and their commitment to be removed from the roadway. Mr. Skokowski continued by saying they would like to ask the City to allow them to build 10,000 square feet, which would help them in the development of the property. Of course, he pointed out that was at the Council's discretion. If the City feels they need to reduce that, Mr. Skokowski said they will. He said they would like to go up to 10~000; they feel. they have a reasonable case to go ahead with that. Mayor Trauger asked City Manager Cheney and Assistant City Attorney Wolf as to the legality of the request. City Manager Cheney commented that he discussed it with Carmen Annunziato, City Planner. M~. Annunziato felt the condition on the setback of the office building of 250 feet, or whatever feet it was from Hypoluxo Road, was adequate, in his judgment, to relate this building not to Hypoluxo Road but to the project it- self. Besides, Mr. AnnunZiato still recommended that it be dropped to 6,000 feet for the size of the office building, City Manager Cheney advised. City Manager Cheney added that because this is annexation, the City has to be concerned about the County Comprehensive Plan, and the City can only annex and zone in such a way that is consist- ant with the County Comprehensive Plan. Mr. Annunziato has had many discussions with County staff, and the current position of the County staff is one of concern and worry about the orientation of this building to Hypoluxo Road and~abOut its size. City Manager Cheney said they felt by keeping the building back from Hypoluxo Road and keeping it not more than 6,000 square feet is consistent with the County staff and their interpretation of the County Comprehensive Plan. In addition to that, City Manager - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Cheney thought it was also Mr. Annunziato's interpretation of the City's PUD Ordinance. City Manager Cheney reiterated that the City is, in this case, affected by the judgment of the County. If the Council 'would take the same action %hat the Planning and Zoning Board took, from the staff's point of view, City Manager Cheney thought that would be the one the City would recommend the Council support. Councilman deLong asked if City Manager Cheney agreed with the recommendation of the Planning and Zoning Board. Mayor Trauger believed that was 6,000 feet. City Manager Cheney answered that the applicant's position would be that they prefer 10,000; the Planning and Zoning Board is 6,000. What they are going to do for 6,000 feet, City Manager Cheney said he would leave it up to them. Mr. SkokOwski said their response would be as they indicated to the Planning and Zoning Board. They told the Planning and Zoning Board that they would present their best case to the Council. If the Council's feeling is that.'.the Planning and Zoning Board is correct with their recommendation and conditions, they would certainly go along with that, Mr. Skokowski advised. He said the applicant said they had no desire to press the City on a similar issue. They simply want to state their case. Mr. Skokowski felt there was no negative impact as a result of that that could not be accommodated or mitigated. He reiterated that they, of course, will go with the City's wishes. If Mayor Trauger was correct, the Planning and Zoning Board was at 6,000 square feet for the building. Mr. Skokowski agreed that was correct. Mayor Trauger asked Mr. Skokowski if he was in agreement to the other staff comments as presented by Tim Cannon, Assistant City Planner, and City Manager Peter Cheney. Mr. S~okowski answered, "Yes sir." Mayor Trauger asked Attorney Wolf if that satisfied him. Attorney WOlf repliedl "Yes.' He wished to ask one question. Attorney Wolf sa~ qb~t the adult congregate'living facility and convalescent center require permits from the State HRS and asked what the position was on those permits. He further questioned what happens if the PUD gets approved and something happens with the permits. Attorney Wolf asked if that question had been addressed. Mr. Skokowski believed they were subject to those approvals. He asked Dr. McCoy to comment. Regarding the nursing home portion of the project, Dr. McCoy said they had to obtain a certificate of need and then all of the appropriate licenses from the Department of Health, Rehabilitative Services. Those, all but the final approvals which are given upon the completion of the building, have been granted to them, Dr. McCoy informed the Council. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983. Regarding the adult congregate living facility, Dr. McCoy advised there ms no such stipulation calling for a certificate of need for such a project. However, they still fall within the HRS regulations and have to comply therewith. Regarding the relationship of those approvals to the PUD, Dr. McCoy informed the Council that the State does not care what kind of zoning. Attorney Wolf's problem was the City. granting a PUD for an adult congregate living facility and a convalescent center. He pointed out a PUD is stuck into those uses, and you do not have a large range of uses. He said this only happens with the permits. Attorney Wolf wanted to see the assurances that the permits are mn the process or something. Dr. McCoy said they have those assurances. He stated, "This project cannot move. We have told the State that that is where we will be located, and it would be very difficult for us." Attorney Wolf's only concern was that he just did not want to see a project in limbo and pieces of land in the City in ~limbo. Dr. McCoy assured Attorney Wolf he could verify the existence of a certificate of need and the approval on that site. Councilman deLong believed they should include this in the motion. Attorney Wolf added, ,,verification~that.the permits.and the certificate of need has been established." Dr. McCoy answered, "Yes sir." He wanted an opportunity to present that at the next public hearing. Attorney Wolf was sorry he brought it up at the last minute. Councilman deLong asked Vice Mayor Warnke if he was satisfied with' the contention he had. Vice Mayor Warnke was not satisfied with the whole thing at.all. First of all, it is R1AA to PUD, which Vice Mayor Warnke thought was ridiculous. Councilman de~ong asked why they didn't just lay this on the table. He asked City Manager Cheney if he had any recommendations. City Manager Cheney did not know the nature of Vice Mayor Warnke's concern. He ~oubted that laying it on the table was going to address what the V±ce.Mayor was saYing. Councilman deLong pointed out that they had not reached any conclusions as to what to do with this, if it is up in the air insofar as the question that was raised by Vice Mayor Warnke and the addition of what Assistant City Attorney Wolf had said. Councilmember Woolley and Mayor Trauger said it was not up in the air. Mayor Trauger said the applicant has assured them that he is the owner of the property and assured that he would bring to the City attorney his entitlement to the property. Councilman deLong said that was the question he asked Vice Mayor Warnke, and he said "No." Vice Mayor Warnke was against approving R1AA to PUD. He repeated that it was ridiculous. City Manager Cheney advised that PUD is one of those things that is allowed mn various zones. From what he could hear Vice Mayor Warnke saying, City Manager Cheney did not think Vice Mayor - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Warnke's concern was answerable. Mayor Trauger asked if anyone else wished to speak in favor of the project. There was no response. Mayor Trauger asked if anyone wished to speak in opposition to the project. Mr. Allen L. Polak, 645 West Ocean kvenue, Boynton Beach, did not want to speak against it; he was not here for it, but he did want to question the Planning and Zoning Board on something. Mayor Trauger asked Mr. Polak what his personal business was. Mr. Polak answered that he is in the body and fender business. He wanted to ask the Planning and Zoning Board if they had taken into consideration the amount of time it would take the City Fire Department to go down to that particular location'or if it would be necessary for the City to build another fire house back in that location. City Manager Cheney thought Mr. Polak's question was addressed to the staff because the Planning and Zoning Board was not here. City Manager Cheney said Mayor Trauger had raised this question the other day, and the Fire Chief, Mayor and he talked about it. Mr. Cheney said the City Fire Service almost never goes to a nursing home. For example, they almost never go to Boulevard Manor because they are staffed to take care of those problems themselves. In most cases, City Manager Cheney said it would be the ambulance service (probably, mn this case, it would be from John F. Kennedy Hospital) who go to a nursing home. This was verified by James Rhoden, Fire Chief, who was in the audience. What happens to fire service if they develop the whole area of the City south of Hypoluxo Road to Congress Avenue and Lawrence Road, asked City Manager Cheney. He said that was something they would have to address. Certainly, with this kind ofnew construction which is built with current Codes, as far as fire safety is concerned, the instance of likelihood of a fire call goes down to a very small percentage because of the kind of construction, City Manager Cheney advised. City Manager Cheney called attention to the fact that you always have people on duty in these build- ings, both in the life care center and the convalescent home (nurses, security people, etc.), so that is a big help also. Mayor Trauger asked if there were any other comments for or against the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Councilman deLong moved that proof of these pertinent questions that have been asked be submitted.and-to acc. ept the unanimous recommendation of the Planning and Zoning Board that the annexation for Southern Senior Group be accepted by the Council, noting consistency with the Boynton Beach Comprehensive Plan - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 policies; and ~so the unanimous recommendation of the Planning and Zoning Board that the request for Land Use Amendment and rezoning be approved subject to staff comments, including the recommenda- tions made by the City planner, in the Report to the Planning and Zoning Board. The motion was seconded by Councilmember Woolley. Mayor Trauger repeated that it had been moved that the City Council accept the unanimous recommendation of the Planning and Zoning Board for the annexation request submitted by Henry SkOkowski for Southern Senior Group be accepted by the City Council and the legal documents of title and of the State licensing, which was the concern of the Assistant City Attorney, be provided before the actual approval will be completed; and also that the Planning and Zoning Board's recommendation that the request for the Land Use Amendment, subject to staff comments, be approved. Mr. Skokowski wanted to know if the Assistant City Attorney felt that it would be proper to divide the motion on the three elements that are before the City (the annexation, Land Use Amend- ment, and the PUD approval). Attorney Wolf believed Vice Mayor Warnke had asked for that division. Attorney Wolf did not think it was absolutely necessary at this level. When it comes up for each Ordinance, Attorney Wolf advised it would have to be voted on separately. In the past, when it has been presented as a package, Attorney Wolf informed everyone it has been voted as a package. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Nay Aye Aye Aye MOtion carried 4-1, with Vice Mayor Warnke voting against the motion. Applicant: Request: Location: Proposed Use: Legal Description: City of Boynton Beach Land Use Amendment from Medium Density Resi- dential to Office, and Rezoning from R-2 (Single Family & Duplex-Residential) to C-1 (Offices/Professional Commercial) South Seacrest between SE 21st Avenue and SE 23rd Avenue, east side C-1 Use Crestview - Lots 60, 61, 62, 65, 66 - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Tim Cannon, Assistant City Planner, said this is a request for Land Use Amendment and Rezoning made by the City of Boynton Beach following the Council's review and vote on the Monahan rezoning. The Council had requested the Planning Department and the Planning and Zoning Board to study the Land Use pattern and related zoning for lots adjacent to the Monahan property nearby on the east side of Seacrest Boulevard between S. E. 21st Avenue and S. E. 23rd Avenue. Mr. Cannon said Lot 62 (which is the Monahan property) was separated geographically from any other commercial property in this area. There was a question as to whether this would be spot zoning. Consequently, the Council did ask the Planning Department to review the entire strip of lots in that portion of Seacrest. Implicit in the Council's action with respect to the Monahan property was a finding that the request by Mrs. Monahan was consistent with the Comprehensive Plan policies governing the location of commercial activities. This finding was made based upon a review of the written record and the evidence placed on the record at the Council's public hearing on November 16, 1982. As far as the Planning and Zoning Board's recommendation, Mr. Cannon said the Planning and Zoning Board recommended, after conducting a public hearing, that the rezoning and Land Use Amend- ment be denied by a vote of 6 to 1. Mr. Cannon was not going to go intO great detail on the facts and issues concerning this re- zoning and Land Use Amendment request as Council had become familiar with the facts and the issues as a result of the previous zoning request in this area, and the Council also had the Planning Department's report. The Planning Department did not see any point in reiterating what the Council was already well aware of. Going back to the Planning and Zoning Board's recommendation, Mr. Cannon informed the Council that the Planning and Zoning Board based their recommendation on the report the Planning Department provided them and the findings in that report. Concerning the rezoning, Mr. Cannon said the report the Members had before them was similar to the-report the Planning and Zoning Board has made in previous rezoning requests in this area (Monahans, Bowen, and Johnston). Mr. Cannon was not going in- ~o great detail about what was contained in the report. However, there was some additional analysis in the report on the problem of traffic impact~ which would come about as a result of changing the land use on these lots from residential to medical offices. Mr. Cannon referred the Council to paragraph 4, page 3 of the Planning and Zoning Board's report, where they had written: "4. If all of these lots were to be rezoned to C-i, approximately 12,070 square feet of existing floor area and 4270 square feet of potential floor area - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 wOuld be available for medical offices. This cc~nercia] floor area would geD~rate an estimated 1,225 additional vehicle trips per day." This added "to the existing 13,400 vehicle trips per day on South Seacrest Boulevard" would be "a 9.1~ increase. By comparison, if this strip were to remain R-2, the ~ build-out on ~thes. e lots would generate about 14 additional vehicle trips per day (a 0.1% increase)." Mr. Cannon also called attention to item 8, page 4 of the Report the Council had, which concerned the possible precedent that rezoning these lots would set for other areas of the City. Mr. Cannon put on an overview of Seacrest' Boulevard with the existing zoning. He showed the lots in question at the bottom of the map, Seacrest Boulevard, N. E.and N. Wi 2nd Avenue along the top, and Woolbright and Golf Roads. If the lots in queStion were to be rezoned, in the Planning Department's opinion, this could set a precedent for rezoning the remainder of Seacrest Boulevard. Mr. Cannon said if the CoUnCil could recall the reZoning request made by the property owners (Monahan, Johnston, and Bowen), they based their reasons for wanting rezoning on the traffic volume on South Seac~est Boulevard, which on Seacrest Boulevard is about 13,000. Mr. Cannon stated that there are similar traffic volumes on South Seacrest between Woolbrfght Road and City Hall. He showed where there was about 12,800 on this part of Seacrest, and there are also similar traffic volumes on Woolbright Road immediately east of the Interstate. Mr. Cannon said. Woolbright Road has a traffic volume of about 15,000 vehicle trips per day. Mr. Cannon advised that the Planning Department wished to bring it to the attention of both the Planning and Zoning Board and the City Council that there is a potential for setting a precedent in rezoning this also to C-1. In summing up, Mr. Cannon put on the other overlay. He said the Planning Department'~s recommendation was that if these lots are to be rezoned, only those lots which immediately front on Seacrest Boulevard be rezoned from R-2 to C-1. Of course, Mr. Cannon noted, there is the simultaneous change of the Land Use Plan from medium density residential to office use. Mr. Cannon pointed out that there are two parcels ~which do not immediately front on Seacrest. These are the east 100 feet of Lot 60 and the east 60 feet of Lot 65, Crestview Subdivision. These are separate parcels by ownership which do not front on Seacrest. The Planning Department recommended that the Council, if they move to rezone these lots, except the east 100 feet of Lot 60 and the east 60 feet of Lot .65 because they do not front on Sea- crest. Mr. Cannon said there was also a letter in the record from the owner of the east 100 feet of Lot 60 saying he did not - 25 - MINUT~ES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 wish to be rezoned to C-1 as it would increase his property taxes, and he has no intention of converting it to commercial use. In summary, Mr. Cannon said this was the Planning Department's comment and the Planning and Zoning Board's recommendation. As he said before, the Planning and Zoning Board did recommend against this by a vote of 6-1. Mayor Trauger asked what some of the ma3or uses of C-1 are. As far as the Planning Department could realistically foresee, Mr. Cannon said the lots would be used for medical offices. C-1 zoning allows for several other types of commercial use, including funeral homes, banks, nursing homes, to name a few of them. They are all low intensity commercial uses, However, because of the size of these lots and because most of them have existing' buildings on them, Mr. Cannon said they would not anticipate that they would be used fOr anything but medical offices and professional offices. Councilman Wright noted that it was mentioned by staff that there were two other property owners in that area, along the stretch, who had requeSted applications to have their property rezoned to C-1. He asked Mr. Cannon to show the locations. City Manager Cheney thought Councilman Wright meant that Mr. Cannon indicated that there were two people 'n~rth of Woolbright~who came in the last twO weeks and picked Up,applications but have not done any- thing With them. Councilma~Lwr~ght confirmed'those were the ones he mentioned in his report at the Planning and Zoning Board meeting. City Manager~Cheney clarified that they were north of W0olbright and nothing has happened to them. Mr. Cannon said there were two property owners {he did not know their names or the locations of their properties) who own lots on Seacrest Boulevard between Woolbright and 2nd Avenue who have picked up rezoning applications. This was after the'Council's approval of the Monahan rezo~ing. Mr~ Cannon informed the Council t~at he just explained the zpning proceSs to them. ' They have not brought in and filed an application. Mr. Cannon said there are also~ from time to'time· a~pllications for rezoning for this strip of lots on Woolbright Road i~ediately to the east of 1-95. At a half, Mr. Cannon said there have not least for the last year and been any actual zoning appli Anna Noe, 705 Hillcrest Road Beach for over thirty years, 14th and now lives in Missic asking to be rezoned was a north of Woolbright because comes off of 1-95 to 'the hoe aldirect line with that. T~ different than property nort Mrs. Noe noted they also met cations. · Boynton Beach, a resident of Boynton used to live north of Woolbright on n Hills. She thought the property ittle bit different than the property the direct ambulance access route pital. That way the property is in at was why she thought it was a little h of Seacrest. tioned that it might lead to - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Woolbright Road being zoned commercial. She persOnally owns, a cemetery lot in the cemetery and had no objection to them making it commercial across from that either. Terry Johnston, 2214 South Seacrest Boulevard, Boynton Beach, started this back in March and said she is one of the homeowners there. Mrs. Johnston could think of two things that Zoning had come up with tonight. One was the ~traffic. As far as traffic, whether they go to that one parcel of land or whether they go down another 50 or 100 feet or some place along there, Mrs. Johnston said they are still going to travel Seacrest Boulevard regardless. As far as the northend of Boynton goes, Mrs. Johnston did not think they were going to start putting medical complexes up ~ere or-that many doctors offices unless they put another hospital up there. She did not think they had that to worry about. Mrs. Johnston thought they had been fighting this long enough, and. she thought it was about time the Council took a stand on it. COuncilman Wright asked what lot she was on. Mrs. Johnston replied that they have two lots .- Lot 61 and the west end of 60. Joan BoWen, 5581 Frost Lane, Delray Beach (formerly of 2304 South Seacrest Boulevard, Boynton Beach) moved as she took it long enough (the noise, the sirens, potice-~-eams, fire eng~ines, etcl) Mrs. Bowen just could not see any reason for not having these houses rezoned. Mrs. Bowen tried to rent her house and finally rented it. Everybody that called her asked where it was. All they needed to hear was Bethesda Hospital, and "Oh, no.' Mrs. Bowen just could not possibly live there. She finally.rented it to some people from up north, and she had to reduce the rent and not take any last month. Mayor Trauger asked what lot she was on. Mrs. Bowen said the one right below Mrs. Johnston's (Lot 65). Mrs. Bowen remarked, "Nobody wanted to live there, and I can't blame them." Floyd Nickles, 3858 White Oak Drive, Birmingham, Alabama, a friend of the Weems family, had. to be in SoUth FlOrida and is a professional'~rban~ptanner. He was asked to look at this particular area and express an opinion. Mr. Nickles said he did not have time to do a very thorough analysis of the situation. He had looked at the Planning Staff's Report and their reasons for basically recommending against the rezoning. Mr. Nickles noted that Mr.~.Tim Cannon, Assistant City Planner, acknoWledged that the size of these parcels are so small that not all of the permitted~uses are likely to go on here. Mr. Nickles believed earlier there had been some illusions that in spite of what was initially proposed, it was conceivable that in the permitted uses there could be some conversation tater'~to less accepted uses. Mr. Nickles ~added that was not very practical. - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mr. Nickles stated~that the current traffic count on Seacrest is 13,400 and, by the calculations, rezoning of these fiVe small parcels would increase that'traffic vOlume by 9~~. Somehow, .that escaped Mr. Nickles, and he thought~there was a decimal point misplaced because he would say abo~t sixty properties along the entire length of that street would account for all the traffic on t~e street. He did not know how the calculations were arrived a~, but the magnitudes did not seem correct. As far as spot zoning, Mr. Nickles rode up and down that street several times today~ While there certainly is a lot of residential Planned Unit Development there, obviously, they are taking great care to orient themselves away from that major thoroughfare. Mr. Nickles did not see any new residential development along that strip that has access directly onto the .thoroughfare,. He noted there was that one large tract ~of R-2 in ~the extreme, upper right- hand corner. Of course, it is also large enough that it could be a Planned Unit Development, Mr. Nickles supposed~ The only other R-2 zone there was immediately north of what Mr. Nickles believed was 23rd Street. He found it very curious that there was a duplex right on the corner surrounded by four vacant lots between that isolated duplex and Planned Unit Development. Mr. Nickles wondered what future that was going %o be because he would find it very unlikely that anyone would come in and build a single family or duplex oriented to this thoroughfare. Mr. Nickles said it was not just the volume of traffic but because of the proximity %o the hospital, the kind of traffic they were talking about. In addition to a_%raf,fic[_volume mn numbers, the fact that would be of some interest would be some noise studies to see what the level of noise is by particular kinds of traffic, Mr. Nickles thought. James Liek, Professional Real E~state Consultant for 30 years, 1'310 S. W. 25th Way, Golfview Harbor, Boynton Beach, was interested in the staff's recommendation. He agreed with one recommendation. That was that only the properties which are facing onto Seacrest should be subject to the rezoning. There Mr. Liek's agreement with the staff ends. Mr. Liek went to the map. He said the character of the neighbor- hood had already been determined. Mr. Liek said it was a major thoroughfare that almost ends into Delray Beach and is an alternative to U. S. l~traffic. The hospital is a major institu- tion and is not likely to go away. A large amount of the traffic is determined by that hospital. It is not likely to get .less. That means that heavily traveled streets generally deteriorate values of single family dwellings, so it is likely that requests of this type will continue. Mr. Liek emphasized that it was not spot zoning but potential C-1 - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 zoning, and it is contiguous to C-1 zoning all along there, which is a part of the Land Use Plan and generally a part of the exist- ing zoning. It is merely an extension of C-1 zoning, and Mr. Liek did not believe it could.be called spot zoning at all. Mr. Liek reiterated that it was brought out that these are small plats and small/bUildings. For example, Mr. Liek said the Monahan's duplex is smaller than his house which, in Golfview Harbor, is not exactly palatial. He said there ~as very little land committed in this City to C-t use. He believed that would be the smallest of the commercial category and said it was the most desirable type of commercial use since, it produces the least traffic. Regardless of what they do, Mr. Liek said the demand is there and the neighborhood characteristics are already determined, it seemed to him that the zoning request was entirely in order and consistent with future trends that can be expected. Based on that expert analysis, Mayor Trauger asked Mr. Liek if he would also recommend the commerciel?.use from Woolbright to 2nd. Mr. Liek replied that they did not have an institution, other than the City facilities there which may demand there. He called attention t° the vacant land and duplex zoning there. Obviously, Mr. Liek pointed out, it is not the most desirable area for single family houses. Mr. Liek said it would increase land values all along. There was nothing like change of use to increase value in real estate. Mayor Trauger asked if Mr. Liek Stated there is a shortage of available doctors and medical offices in the City of Boynton Beach and within the vicinity of Bethesda Hospital. Mr. Liek had not studied that.. He thought there was a shortage of C-1 zoned land for the City of Boynton Beach. Albert L. McGregor, 2897 S. E. 1st Place, Boynton Beach, owns an apartment in Squire Hill Condominium Association. At present, Mr. McGregor is President of the Board of Directors there. Mr. McGregor believed there were 56 or 57 units at Squire Hill and advised that they were not against the rezoning of this property. He thought they were about the closest to it as any other units that size. Mr. McGregor asked if~.from 23rd Avenue all the way to 26th was not alrea~zoned commercial. Mr. Cannon replied, "That is correct." Mr. McGregor asked, "How about on the west side from 23rd Avenue down to the hospital? Is not that commercial?" The answer was "Yes." Mr. McGregor determined that they only had a small amount of land right in that area that is not already C-l, undeveloped. - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mr. McGregor saw in the paper that there is a possibility that ~the City may not go any further west. If we don't, Mr. McGregor thought' we better start right now on C-1 or C-2 property. Mayor Trauger advised there is no shortage of C-1 property in the City on its total zoning. Mr. McGregor agreed that there may not be but he pointed out that we are going to have more people coming here than we have now. If the City is not going to go any further west, they will have to use what they have here now. That was his point. Mr. McGregor said he has been in this town for 51 years° At one time or another, he served on every Board in this town except the Cemetery Board and Beautification Committee. Evelyn Rohrbaugh, 2857 S. E. 1st Place, Boynton Beach, a resident of Boynton Beach for the past 20 years, informed the Council that S. E. 1st Place lies one block east of Seacrest Boulevard. She was impressed with the Council's action at the. December 7th Council Meeting where Councilman deLong brought up the issue of instead of spot. zoning~oneparcel of land, to rezone Lots 60, 61, 62, 65 and 66 to C-1 zoning. Mrs. Rohrbaugh also recalled at that meeting it was voiced by each Councilmember that if it was to come up for a strip zoning, that the Council would all vote in favor of rezoning the strip. She thought they would find this in the minutes of the December 7th Council Meeting. Mrs. Rohrbaugh concluded by saying, "I would like to see you follow through with it now~" Mayor Trauger did not think that was quite accurate from~he_~ecords. Anthony Mignano, 617 S. W. 4th Avenue, Boynton Beach, has a duplex on Seacrest Boulevard and said they have a lot of problems with the people who rent it because of all of the traffic on that street. People that move there stay six or seven months or one year and move out. Mr. Mignano said they would like to rezone that area. Mr. Mignano informed Mayor Trauger that his property is Lot 66. From South 23rd Avenue, Mr. Mignano said it is zoned C-1. From south of Woolbright, they have the water house with the pump of the City; and the other side is the cemetery. They only.have six or seven houses. Mr. Mignano felt they should'.~ezone it. A couple of years ago, Mr. Mignano recalled they rezoned 23rd Avenue. He asked if you call it a street. There are only two lanes on that street; it is professional use. Mr. Mignano said there are no.sidewalks. On a rainyl.day, there is water ~al.1 over the place, and people have to Walk in the street. Mr. Mignano repeated that there should be sidewalks. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 On Seacrest, Mr. Mignano said you have a beaUtiful stmeet with four lanes. He told the Council, "Let's rezone:" Allen L. Polak, 645 West Ocean Avenue, Boynton Beach, thought everyone here was agreeing with what the City should do. He said all they needed now was for the City Council to "kind of look at the bible and see what is best for the community also and do it." Mayor Trauger asked if any more wished to speak in favor of the request. Frank A. Kreidler, Attorney at Law, Suite 4, 521 Lake Avenue, Lake Worth, Florida 33460, said this matter was before the City Council before. It seemed to Attorney Kreidler the main objec- tion was spot zoning. That has been corrected; it's not spot zoning, and Attorney Kreidler did not see where that is a problem any more. Attorney Kreidler stated it is not a monumental pro3ect; it is not the deBartolo Mall; this is not involving annexation to the City; it is juSt a little four or five lots piece of property that, in his and.~his clients' opinion belong in C-1 use. Attorney Kreidler said the~ Boynton Beach City Council has shown in the past on those and other really big projects they are not scared to move ahead and do what is best for the City even if it involves changing things a little bit to make things stick. He said they were asking the Council for that same consideration. Attorney Kreidler noted there was a question about precedent. Anytime. you do anything, people can always say it is precedent, butprecedent stops where this Council decides it stops. Just because, this is being rezoned does not mean that anything else ever needs to be rezoned if the Councilmembers do not agree with that, Attorney Kreidler pointed out. He said the question has already been covered regarding different uses of C-1. Obviously, there are no bowling alleys going in on those little small lo%s, and no funeral homes unless they are for people with no friends because they would not have enough room to have the cars park there. Attorney Kreidler did not have to tell the Council Mrs. Monahan has been a lifelong resident of Boynton Beach;. he did not have to show the Council a petition with 150 names, the pictures, or tell the Council about Mrs. Monahan's business. The only thing Attorney Kreidler mentioned about Mrs. Monahan's business was that it matches UP Boynton Beach residents~with people in Boynton Beach Senior Citizens and other people that are ±nfirmed that need the services. He thought that was the type of business that Boynton Beach needs and wants. Attorney Kreidler also did not have to tell the Council it is a beautiful property and~he did not have to tell them about the traffic on Seacrest, which has already been covered. - 31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 The-last couPle-of remarks Attorney Kreidler wanted to make were directed to some opposition that came up at the Planning and Zoning Board Meeting. There wasa question about the glut of office space. Attorney Kreidler said the glut of office space is on Glades Road in Boca Raton, Palm Beach Lakes Boulevard in West Palm Beach, and on Clematis Street in West Palm Beach. Downtown in West Palm Beach is dying, Attorney Kreidler told the Council. He said there is no ~lut of office space on Seacrest Boulevard by the hospital; there are not going to be any more little properties like that available for doctors and dentists offices because of your PUDS and other multi-family zoning along that street. It will severely restrict that space[ Attorney Krediler repeated that there is no glut of office space there. The only other point that Attorney Kreidler wanted to cover, that was brought up at the Planning and Zoning Board, was that there was some question %hat there was going to be (due to the C-1 zoning) Ioiterers (people loitering in the area, going to these di~fferent C-1 establishments). AttOrney Kreidler suggested that any C-1 establishment conceivably could have toiterers~bu't .he did not think there was any problem with loiterers fu~ther~down..at thee other C-1 zoning at the other doctors' offices. Attorney Kreidler recalled that these loiterers were described as waiting for services, To him, that was a camouflaged shot at possibly people that are in a low income group, and people that are around'government know what this is. It seemed to Attorney Kreidler that the only low income group of people that you are going to have there are little old ladies, little old men that are on Medicare that possibly cannot drive their cars down there or do not own a car that should go to a'doctor's office, and somebody is going to have to drop them off there. That argument, saying that there is going to be loiterers there, in Attorney Kreidler's opinion, was an insult to the intelligence and. the need of these Senior Citizens and other people that will need those services from those offices. By changing the zoning, Attorney Kreidler said, ."You get.more.tax revenue,-admittedly for a small area that you remove generally when the use changes (the homestead exemptions), and you are going to get more taxes for the. City." Attorney Kreidler asked the Council to do what is right and what is fair. Ralph Vallaretla, 2210 S. E. 1st Street, Boynton Beach, heard e~erybody talk about the closeness they are to the property but said nobody could be any closer than himself. Mr. Vallarella was speaking for himself and pointed to Lot 50, saying he lived there. He was also speaking for his neighbor, Mrs. Kelly, and a new neighbor that just moved in (a Boynton Beach Police Officer who could not be here tonight). They are probably the closest, so - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 if anybody was going to make any comments in favor or disapproval, Mr. V~'~larella thought .it should be them before anybody else. He moved there four years ago and when he moved there, the so-called Monahan property was nothing but a complete eyesore, where every- body~walked their dogs. Since Mrs. Monahan purchased the property, she made the property look like, in Mr. Varella's estimation, the "utopia of Boynton Beach" - very beautiful. As far as the Johnston property, which is also right across, Mr. Valtarella said they have beautification and a lot of greenery. Mr. Vallarella came down here from New York to retire and look at some good scenery, not to see any gas stations or convenience stores. He was in favor of the City approying the rezoning because he thought the way things are done today with everything built around walls and where everything should be close together, that their property 'shOuld be zoned for either professional or medical so they can be close to the hospital and have everything in one central area like a mall instead of spread out. Mr. Vallarella thought the Council should approve the rezoning, and it would be beneficial to the area also. Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach is located in the notification area fOr the rezoning. Mr. Foot said the CitY Council charged the Planning and Zoning Board with a review of this property for a change of the Compre- hensive Land Use Plan. As he recalled, the City Council did not ask the Planning and Zoning Board to consider other properties that are along recently four laned roads, including all of Seacrest from south of the hospital all the way up to the canal. They did not ask the Planning and Zoning Board to consider Woolbright Road and its recently refour-laned areas, and he did not believe they.asked for a reconsideration of 2nd Avenue. Mr. Foot asked what the basis was for the Planning and Zoning Board reconsidering this case or the City Council's action on it. Mr. Foot stated they have a request from a couple of people; they have to consider at the same time all of those p~ople who presently have C-1 property. Respectfully, Mr. Foot Said if each of the Council Members would go across S, E. 23rd from Seacrest to the tracks, they would find there are eight properties that are presently residences, which might be considered non-conforming. One is for rent; one is for sale. There are vacant pieces of property (Lot 67 is vacant). A piece of property/.immediately behind Mr. Foot's home, owned by a series of investors who want to make an attractive development of that piece noted that property - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 is in competition with the areas that are being considered tonight. Mr. Foot said they are not in favor of this action and asked him to speak specifically to the Council for this. They are not voters in the Council's constituency,~ but they are investors here and respectfully need the Council's consideration if the Council wants others to invest in this community and bUild atZractive facilities. Going south on Seacrest and beyond that, Mr. Foot pointed out that there are a number of idle lots. 2828 South Seacrest (an existing professional building) is not fully occupied. South of it, there is~a building similar to Mrs. Monahan's (an attractive property to start with, whiCh ~has gone to weeds)~mixed in with the existing professional zoned areas. Perhaps i~was~,previously. occupied.by a..professional, but Mr. Foot did not know, but at th~s point it is unoccupied. He informed Councilmember Woolley it would be about 2840, immediately south of 2828 South Seacrest; he was not sure of the number on it. Whether we have a glut of existing C-1 zoned property is a good question, Mr. Foot continued. The future of our hospital makes a difference in this issue. Mr. Foot asked, "Is it going to remain a public hospital supported by all of the South County, or is -Boca Raton gomng to be dropping out and leaving it for a use that may not be as desirable as it is right now? Will it continue to attract the well known professionals who will make a difference in the occupancy of these C-1 zoned areas we have right now?" Mr. Foot pointed out that they have one possibility,if~i%_ continues public, working with a different clientele - different patient load', particularly if a new maternity hospital goes in Boca-Raton. He asked, "Where is this hospital going to be? What is this hospital going to attract in the way of prOfessionals?" Mr. Foot was not concerned with what Mrs. Monahan was doing with her~'property.. They said publicly that she has made it very fine with the renovation of that property. To Mr. Foot, .it is a beautiful home. As to the future use of that proPerty, Mr. Foot called at'tention to the fact that Mrs. Monahan is not going to live forever, She is going to have to sell that property some time to someone, and the use of that property at that time is something the Council could be committing themselves to tonight. He said the City has a very limited Zoning Code. C-1 allows a variety of things under the existing Code. You cannot say it is going to strictly be an M. D., nursing service, or a dentist, C.P.A., or attorney. As the City Planner said, there are a variety of possible uses for that. Mr. Foot reiterated that the Council charged a professional Planning Department and an objective Planning and Zoning Board to consider this issue. They have both come back to the Council saying, "No. Do not change this." Mr. Foot pointed out that none - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 of these people have any axe to grind; none of them are running for elections. Mr. Foot submitted that until the existing C-1 inventory of unused property is used or closer to being fully utilized, the Council postpone Mrs. Monahan's request, suggesting that she come back when, obviously, the hospital's future is certain and the C-1 zoned areas in their immediate area have been taken up or are about to be taken up. Councilmember Woolley noted that Mr. Foot had multiple problems surrounding his vicinity and neighborhood, and she understood his concern. Mr. Foot, personally, was concerned about that inter- section and enjoys living there. He agreed that it was a develop- ing area. Mr. Foot said he likes the location; it is convenient, and he is not concerned about the sirens. He was sorry one lady found it was uninhabitable. From a very selfish point of view, Mr. Foot told the Council if we allow anybody and everybody to take these lots at lower and lower prices because there is a surplus in economics, the property behind him is not going to be developed nicely. Mr. Foot wants a Kessel Construction Company building behind him and wants to see that whole strip that way. Above all, Mr. Foot wants good order in this community. Mr. Foot could not see the City Council allOwing something here and then being forced by Court action saying, "Hey, you guys set a precedent. Now you've got to let these people on Seacrest up above, you've got to let these people on Woolbrigh% 2nd Avenue - do you really want to have the City face litigation becaUse we should reconsider this one little piece by itself?" Vice Mayor Warnke moved that the Land Use Amendment from Medium Density Residential to Office, and Rezoning from Rz2 (Single Family & Duplex Residential) to C-1 (Offices/Professional Commercial) on South Seacrest between S. E. 21st Avenue and S. E. 23rd Avenue on the east side be approved, subject to staff comments. Councilmember WOolley seconded the motion. Councilmember Woolley asked, "How. about subject to excluding one lot in question?" Councilmember deLong advised that the motion should include that the east 100 foot of Lot 60, owned by Mr. Duvall, is not included Councilman~Wright said it was only the property abutting Seacrest. Vice Mayor Warnke agreed to include that in his motion, and Councilmember Woolley accepted that. Councilman deLong commented that the action previously taken by the City Council was spot zoning and not in compliance with the Land Use Plan. He felt he has been around long enough tQ'realize what zoning is. Councilman deLong recommended at that time that this be forwarded to the City Planner and the Planning and Zoning Board for study. In view of the fact that on the south of this property, on the north side of 23rd Avenue and also on the east side of 2nd Avenue along the railroad track, these people were boxed mn on two sides by C-1. Councilman deLong does not go along with spot zoning but this property from S. E. 23rd Avenue - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 north of 21st Avenue, on the east side of Seacrest Boulevard, is consistent with the Land Use Plan. By ~the contents of that motion, by taking the 100 feet from the east side of Lot 60 and eliminating that from this rezoning, it means that every piece of property that is going to be rezoned fronts on Seacrest Boulevard, Councilman deLong pointed Out. He could see no other use for this land. He did not go with the contention of the opposition, that this rezoning is premature. Councilman deLong did not agree with that. This is a City that is moving and moving ahead. Councilman deLong reiterated that he did send it back to the planning and Zoning Board for their study, and he went on record at the meeting of November 16th that he definitely (if the people came in and applied, when this was paSsed, and the Council agreed to send it out for more study) would go along and try and e~iminate~that spot zoning~if .the people came in individually, by approving their applications. That was what he meant. CouncilmandeLong'.thought time~.~.~was.!o~g over'due to take this matter under consideration. He said they have pending right~ here now, that they are holding in abeyance, an Ordinance on second reading for spot zoning. Councilman deLong expressed that he definitely detests spot zoning. He did not care what the professional land use owner said, Councilman deLong advised it is spot zoning. Any time you take one lot mn any zoning classification and place anOther classification in there, that ms spot zoning pure and simple. Councilman.deLong said this has been arranged where he- could live with this type of zoning. Although this lady is most unfortunate that she got into this bind, Councilman deLong thought as long as it conforms with the Land Use Plan, he could not understand why they should be negligent or be in opposition to. As Mayor Trauger saw the opposition to this, all he could see was a bigger spot - from.a small spot to a bigger one. By real estate people a~id the Chamber~of~ Commerce, Mayor Trauger found no shortage of C-1 in this particular area Mr. Nicktes, the expert here, Mayor Trauge. heard all kinds of comments as to noise, and all of this. He said it boiled down t, and no other reason. Mayor Trauger informed the Council that th in .about January, 19~2. He apologized'for his writing but said one of the words look, Monahan with an asking price of $85,000." said it was run sort of run down, Mayor Tr~ the .price doWn to, he believed, allegedly fixed the Property up and if the City Cour Trauger said the Council will have made a .By the very point of pointed out they .avy traffic patterns, dollars and cents is lot was purchased not being able to read ad like "Weaver to Julie ~Inasmuch as many have ~uger believed they got 975,000. They have ~il approves it, Mayor ~onation of a value - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 as C-1 commercial estimated by real estate people to be $145,000 for this lot - about a $60,000 profit in about this year. Mayor Trauger thought it was dollars and cents that made the whole proposition, and not a shortage. Many would call it a Windfall profit, Mayor Trauger commented, but others would call it greed. That was the basis of his contention. Councilman deLong pointed out that you can call anything spot zoning or a big spot. He said the way Mayor Trauger thinks, you can start down from the south end of Seacrest Boulevard, where it is zoned commercial, and go all the way up to the end where the commercial ends, and that~is spot zoning according to Mayor Trauger's contention. As far as Planners are concerned, Council- man deLong said they do not consider that. Councilman deLong was not concerned with the history of the financial gain. What he was concerned-~with was if this str±p of land wasin conformity with the Land Use Plan,~ taking into consideration the application that has been made for rezoning. It was interesting to Councilman Wright to see what happened to the Johnston property since they came in eight months ago. He studied Public Administratio~m and thought Comprehensive Planning was a good move. Since those decisions were made several years ago, when the City approved this Plan, quite a few of the others will be changing from time to time. As long as there is a City Council, Councilman Wright said they would have these situations and either they are going to be in favor or against. Councilman Wright thought the~report the staff put ~together was great and that the Planning and Zoning Board did a good job, but he still felt that piece of property should be rezoned. Vice Mayor Warnke reminded the Council that tonight they voted to rezone a parcel of property frOm R1AAA to PUD; he voted against it, and to him that was spot zoning. Councilmember Woolley guessed it was a matter of interpretation. Councilman deLong said each application that comes before the Council shoUld be judged on its individual merits. Very seldom does he ever go in opposition to the recommendations of the City Planner and the Planning and Zoning Board. It is a very rare occasion. Councilman deLong felt it would be an injustice to turn this down because that land is really good for nothing else but commercial because they have the proper buffer behind it with R-2. Councilman Wright remarked that he said it from the very beginning. Mayor Trauger requested Mrs. Padgett to take a roll call vote on Vice Mayor Warnke's motion: - 37 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Vice Mayor warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye No Motion carried 4-1, with Mayor Trauger voting against the motion. City Manager Cheney advised that the motion was granted, but the Ordinanceswould have to be passed in the next two meetings. A RECESS WAS TAKEN AT 9:45 P. M. The meeting resumed at 9:56 P. M. DEVELOPMENT PLANS Preliminary Plat for Tract D-2 at Hunters Run submitted by Charles Gilbert to provide for the construction of sewer, water, paving and drainaqe facilities to supDort 36 units Tim Cannon, Assistant City Planner, said the preliminary plat came to the Council with a unanimous recommendation .for approval from the Planning and Zoning Board, subject to staff comments. Mr. Cannon said the preliminary plat consists of the tract boundaries ~nd easements. He showed Summit Boulevard, the main drive through Hunters' Run and the western edge of the Planned Unit Development. The preliminary plat alSo includes the construction plans for the subdivision, which includes paving and drainage and water and sewer plans. tn the entire tract, Mr. Cannon said there are 36 units located around the circle drive. He said there is a recreation tract in the middle of that circle and indicated the condominium units. At the time the plat was reviewed, the Planning and Zoning Board was informed by the applicant that there would be further modifi- cations in drainage. The South .Florida Water Management District required the applicant to increase on site storm water retention, which would require the applicant to put a lake in at a location Mr. Cannon pointed out to the Council. The Planning and Zoning Board approved the preliminary plat, subject to staff comments and also subject to the City Engineer approving their revised drainage. Mr. Cannon informed the Council that the City Engineer sent ~he City Manager a memo to that effect, stating that he has approved the revised drainage. However, the City Engineer,. in his memo, requests that the Water Management District's approval of the revised drainage be documented, Mr. Cannon read the staff comments, as follows: Engineering Dept.: See memo attached as page 39. (Tom Clark, City Engineer~ - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ,BEACh, FLORIDA M E M O R A N D U M JANUARY 18-, 1983~ TO: Mr. carmen Annunziato, City Planner FROM: Tom Clark~ City Engineer December 7, 1982 Re: The Meadows at Hunters Run (Tract D-2) Preliminary ~lat Co~ents are as follows= The name ~The Meadows"' is similar to another platted subdivision and should be 'changed. .. ~Spelling in the boundary description should be . corrected° _The north boundary line should have addition except where they wi.Il be under water~ Lake should' be identified on '~Tract 3~ by note or approximate shore 'line~ TAC:mb iDetails for the exfiltmation trench will be changed show rock aroun~ the p peo Tom Clark - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Councilman Wright moved the approval of the preliminary plat for Tract D-2 at Hunters Run submitted by Charles Gilbert, subject to staff comments. The motion was seconded by Councilman deLong. Mayor Trauger asked Mr. Charles Gflbert, Architect, Hunters Run Construction Company, Inc., 3500 Clubhouse Lane, Boynton Beach, Florida 33436 if he agreed~to the staff comments. Mr. Gilbert answered, "Yes." He assured Councilman deLong that they have changed, the name. A vote was taken on the motion, and the motion carried 5-0. Site Development Plans submitted by Charles Gilbert to construct Tract D-2 at Hunters Run Golf & Racquet Club. These plans provide for the construction of 36 units in 18 buildings, plus recreational and.drainaqe facilities Tim Cannon, Assistant City Planner, informed the Council that the site development plans come to the City Council with the unanimous positive recommendation by the Planning and Zoning Board, subject to staff comments. The Planning and Zoning Board's concern about the revised drainage also applies to the site plan approval, that is, the request that the City Engineer approve the revised zoning. The City Engineer's memo also covers the site plan. As stated before, Mr. Cannon said the plan calls for the construc- tion of 36 units. These~'.would be duplex units; th,~y are condo- minium units; and there would be a recreation facility in the middle consisting of a pool and open space. Mr. Cannon advised that the Community Appearance Board also unanimously approved the landscape plan as submitted. Mr. Cannon read the staff comments as follows: Engineering Dept.: (Tom Clark, City Engineer) 'The name 'The Meadows' is similar to another platted subdivision and should be changed." Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and approve the site development plans subject to staff comments. The motion was seconded by Vice Mayor Warnke. City Manager Cheney asked if they could add into the record what the new name is. Mr. Gilbert advised it is "Cambridge at Hunters Run." For the record, Vice Mayor Warnke asked what the price range of the homes was. Mr. Gilbert did not know that they had been set. He said they were approximately $175,000. A vote was taken on the motion, and the motion carried 5-0. - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Request for approval of the Preliminary Plat including sewer, water, paving and drainage plans for Boynton Beach Commerce Center, submitted by Conrad Schaefer of Consulting Engineers, Inc., Agent for Iraj A. Motazedi. The 48.5 acre parcel is located on the south side of Woolbright Road between LWDD E-4 Canal and Seaboard Airline Railroad. Uses ~f the property will be PID and Commercial Uses Tim Cannon,- Assistant City Planner, said this application was for approval of'the preliminary plat of Boynton Beach Commerce Center and came to the Council With a positive recommendation from the Planning and Zoning Board, subject to staff comments. Mr. Cannon showed the Council that ~b~ight.Road~runs along thetopofthe __par~ cel andpointed out Golf Road, the E-4 Canal, and said Leisureville lies to the west. The plat consists of 12 parcels, There are four commercial parcels that front along Woolbright Road. There are seven industrial parcels in the exterior of the property. In addition, there is a parcel designated as a buffer strip along the E-4 Canal. Mr. Cannon said the plat provides for i~gr~ss and egress easements to be maintained as private roads by the Property Owners~Associa- tion. The buffer strip is also dedicated to the Property Owners Association as a special maintenance obligation.. Mr. Cannon continued by saying there are several easements designated to the City of Boynton Beach. There are some Utility easements on various parts-of the property for 'maintenance of public utilities; there are sanitary hazard easements and circular easements to protect Well sites, and there is an access easement at the northern end-of the property. Mr. Cannon did not think it was necessary to read the staff comments, as the Council had the comments before them and they were technical, but said they should be included as a part of this approval. The-staff comments were as follows: Engineering Dept.: (Tom Clark, City Engineer) See Memo of Tom Clark, City Engineer, dated January 4, 1983, attached hereto as page 42. See also Memo dated January 4, 1983 from Perry A. Cessna, Director of Utilities, attached as page 43. Mayor Trauger asked if the well sites were legally secured to the City as of this date. City Manager Cheney repliedi "They are not." He said this has been a very frustrating process. City Manager Cheney had been talking to the developer tonight. Hopefully, City Manager Cheney said the developer will come in next week with his final site plan, and the City can get that approved and recorded. With the recording of the final plat those easements become the City's. - 41 - · MINUTES - M E M O R A N D U M REGULAR CITY'COUNCIL MEETfNG, BOYNTON BEACH, FLORIDA JANUARY 18,-1~985 January 4, 1983 Mr. Carmen Annunziato, City Pl:anner . FROM: Tom Clark, City Engineer Re: Preliminary Pla~.and Dgvelopment-~Plans, Boynton Commerce Center ~ % Comments: 1. Easements should be dedicated for public utilities, etco. 2. Parcel 3H should be dedicated~'to.the ASsoci'ation for parking~ 3o Cross-section should be shown for entrance road° Connection details with Woolbrigh~ to be shown. Fifty'foot radius is recommended° 4. Stabilized subgrade t6 50 ~p.S.io,~ F.B.V,_-Compaction to' ~. 5°- Striping and construction for left turn lane (EaSt approach) right turn lane.[West approach)'~ right and left turn lan~s (South approgch) shoald be indicated as required by the traffic survey~ 6. The cost for a traffic, signal should' be included in the amount of the bond, Said signal to be ~nstalled when- warranted.by the County Traffic Eng£neer. A sidewalk is recommended on the east side of the entrance road to the cul-de-sac and on the west si~e~to the first intersection south of Woolbr~ght Road, 8o The raised curb (or curb and gutter'section) should continue to the first street intersection south of Woolbright Road. 9. Stop signs are ~equired at east intersections with the loop road. ~ 10. The "loop" road following the perimeter of the property should be included in the cost estimate for the bond. 11. Changes and additions should be made according to the memo of January 4, 1983 from Perry Cessna. The cost estimate-of $523,152.41 should be revised to reflect the required changes. ~¢ceive~~ ' Tom TAC: mb ~ ~ D te '_i -.... lime - 42 - MINUTES 'M'E M O R A N D U M REGULAR CITY COUNCIL MEETING, BOYNTON BEACH, FLORIDA TO: Carmen Annunciato, Oity Planner SUBJ: Boynton Comme~ce Park JANUARY- 18, 1983 January 4, 1983 The submissions can be approved subject'to: "-~. Deeding of the ~0 x 36fro lift station site to the CitY. 22 Revising .the ingress egrees and utility easement along the'North.and East side of parcel 3A to co~-form.with the,:i~gress:egress utility easements mlon~ parcels 3B 3. Designate the .location of the Force M~in from .the " entrance road to t~e point of connecti.on~ '.and if in devel0pers~ prope~ty~ to provide 'an appropriate easement: - 4, Deta~.~l location of fire hydrants to~ the satisfaction of the Fire Departm.~nt for access without parked car interference. 5. Detail prior to constmaction location of water meters to meet City requir~ments~ 6.' Detail prior t° construction clean-out locations on sewer laterals. 7°' Pay appropriate-utility fees per current City ordinanc erry A. Cess.na, Director of Utilities ' 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 In view of that, Mayor Trauger asked Assistant City Attorney James Wolf what his recommendation was. He asked if the Council should not proceed until they have the legal title to the City wells, approve it subject to that condition of receiving the legal control of those wells, or postpone this action. If Attorney Wolf under- stood City Manager Cheney, it cannot be done until the actual final plat comes in. This is only a preliminary plat and it can- not be done until the final plat comes in, Attorney Wolf advised. He said the land can be dedicated to the City on that recorded plat. Attorney Wolf's understanding of what City Manager Cheney said was that is what is contemplated as being done, so he thought any final approval coUld be held up until the final plat. City Manager Cheney disagreed with Attorney Wolf, saying, ~"No. We need this plat approved.~.as fast as we..can. We need that plat recorded because when it is recorded, we will have the easements. The easements areshown on that final plat and have been for a~long time." Councilman deLong moved to approve the preliminary plat for Boynton Beach Commerce Center submitted by Conrad Schaefer, subject to staff comments. Vice Mayor Warnke seconded the motion. Councilman deLong commented that this is the first industrial park that this City is going to enjoy where they started from the ground up. He said everyone Should do their best to make this a show place because it is right in the heart of the town, from the north,-south, east and west. A vote was taken on the motion, and the motion carried 5-0. Request for approval of the Site Plan for Parcels 3D and 3E of the Boynton Beach Commerce Center, submitted by Conrad Schaefer, Agent, for Iraj A. Motazedi. Site Plan consists of 145,700 sq. ft. of warehouse and industrial buildings on an 8.9 acre site, plus parkinq areas and a buffer strip Tim Cannon, Assistant City Planner, said this was a request fOr site plan approval for Boynton Beach Commerce Park. The Council had just approved the preliminary plat. He showed the site plan of those parcels. Mr. Cannon said the site plan comes to the Council with the unanimous recommendation for approval by the Planning and Zoning Board, subject to staff comments. The site plan consists of 145,697 squame feet of industrial warehouse and accessory office floor space. He showed the approximate outline of the building, saying it would be located on two parcels totaling 8.9 acres. These buildings would be one story, 26 foot high buildings. Parking is provided both adjacent to the buildings and in a parking lot to the west. There would be 40 foot buffer strips along the - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 western edge, that ms, along the E~4 Canal; and the natural vegetation would be left in a strip Mr. Cannon pointed out to the Council. Additional landscaping will be planted in that buffer strip to provide a 75% ~sc~ Mr. Cannon continued by saying the entire site is to be landscaped, and the existing pine trees are to remain wherever possible, that is, in the buffer strips. There were comments from Kevin Hallahan, Urban Forester, as to the feasibility of saving the trees in the interior. The Community Appearance Board addressed that problem, and Mr. Cannon said he would talk about that shortly. The Community Appearance Board met and reviewed this application last night (January 17, 1983) and approved the landscaping plan, including the plans for tree removal and preservation. The Urban Forester, upon reviewing the site plan, stated that these trees in the interior could not be saved because of the drastic grade change. The .Community Appearance Board did, however, approve the tree removal as proposed by the applicant, 'which included removing these trees from the interior. Mr. Cannon informed the Council that the Community Appear- ~nce Boardrwas 'for.tree planning only and, as stated, the applicant has to, at a later time, submit a plan for planting shrubs along these buildings or a typical planting scheme. Mr. Cannon read the staff comments as follows: Engineering Dept.: (Tom Clark, City Engineer) See Memorandu~ dated January 4, 1983, attached as page 46 and m~de a part hereof. UtiTities Dept.: (Perry A. Cessna, Director of Utilities) Mr~ Cessna'sMemorandumdatedJanuary 4, 1983 is -attached as page 43 and made a part hereof. Police Dept.: (Edward G. Hitlery, Jr., Captain) City Planner: "As discussed at the meeting on 4 January, '83, I feel that since there is an indication that the owner of the proposed Con~arce Center is planning a 24 hour security service and manned gate house, it would be of great assistance to our operation if any and all security alarmsystems be routed directly to ~he security office on site, thus reducing drastically the response of this department to false and malfunctioning alarms." 'Show sidewalk on the east side of the main road going into the development.' There was a memorandum from the Urban Forester concerning the tree preservation. However, Mr. Cannon said the Community. Appearance Board has addressed that and apprOved their tree removal on site. MINUTES - REG{3LAR CITY COUNCIL MEETING BOYN%~ON BEACH, FLA. . ME M 0 R A N.D U M JANUARY 18, 1.983. January 4, 1983 TO: Mr~ Carmen Annunziato, City Planner FROM: Re ~ Tom Clark, City Engineer .Site Plan~ ~Boynton Commerce Center Comments: 1. Site plans should show elevations and dimensions requirWd for construction of parking areas and driveways to doors. 2. Paving'and drainage details should be included for paving not included with'the plat development plans. Elevations consistent with. the ~aving improvements included with the plat should be shown on the draw- ings. 3% Drainage structures to be constructed with plat should be shown for clarity~ Extension of paving should be shown at northeast corner of loop road. 5. Bearings shown on ~Plot" plan should be corrected° TAC:mb Tom Clark - 46 - MINUTES - REGULAR CITY COUNCIL MEETING ' 'BOYNTON BEACH, FLA. M E M O R A N D U M' TO: SUBJ: Carmen Annunciato, Oity Planner Boynton Comme~ce Park JANUARY 18, 1983 January 4, 1983 The submissions can be approved subject tom 1.' Deeding of the 30 x 30ft. lift station site to the City° ReVising the ingress egrees and utility easement along the North 'and East side of parcel 3A to conform with the ingress~egress utility easements alo~g~parcels 3B etc. 3.'- Designate the location of the Force Main from the entrance road to the point of c0nnection~ and if in.developers' prope~ty~ to provide an appropriate easement. - ~. Detai/ location of fire hydrants to the ~atisfaction of the Fire Department for access without parked car interference. Detail prior to construction location of water meters to meet City requirements. Detail prior to .construction clean-out locations on sewer laterals° Pay appropriate utility fees per curren~ City ordinanc - try A Ces,sna~ Director of Utilities - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and-approve the site plan, subject to staff comments. The motion was seconded by Councilmember Woolley. For the record, City Manager Cheney suggested that the applicant indicate that he agrees with all of the staff comments. Mayor Trauger asked if he would accept all of the recommendations made by the staff. Martin Hackman, 891 E. Palmetto Park Road, Boca Raton, Florida 33432, answered, "Yes. We will." Secondly, City Manager Cheney thought these minutes should make reference to the Planning and Zoning Board minutes ~where Mr. Hackman, who just spoke, indicated there would be no heliport. A rumo~got.goi~g with~..some reason because there was an article in the paper, which Mr. Hackman explained was a miStake, City Manager Cheney told the Council. Just to be sure that the Council Minutes show the same as the Planning and Zoning Board's, City Manager Cheney said Mr. Hackman indicated that there are no plans for a heliport on that site. Councilman deLong wished Mr. Hackman to repeat that for the record, as some people were present that were very interested and they had been at the Planning and Zoning Board Meeting. For the record, Mr. Hackman assured the Council there will be no heliport on this property. Mayor Trauger was glad to hear that as he had a lot of telephone calls and had no idea what they were talking about. A vote was taken on the motion, and the motion carried 5-0. Request for approval of the Modified~Site Plan fox the Curt G. Joa, Inc. manufacturing plant located on High Ridge Road, submitted by Judith L. Kelly. Modifications consist of an addition of 4,200 square feet of accessory office, and an additional pavinq area Tim Cannon, Assistant City Planner stated that this modified site plan comes to the Council with a unanimous recommendation for approval by the Planning and Zoning Board, subject to staff comments. Mr. Cannon said the applicant is requesting site plan approval for a 4,200 foot expansion to the existing manufacturIng plant located on High Ridge Road. He showed on the overlay that High Ridge Road runs along the lefthand side and indicated also-the Boynton Canal. Mr. Cannon said the applicant is also addinq an existing parking area to the northeastern part of the property and isbringing the remainder of the parking area up to the current parking lot regulations. Mr. Cannon~. informed the Council that the applicant asked the Planning and Zoning Board for a variance to allow the existing drainage to remain on site, and the Planning and Zoning Board - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 granted that variance last week. Mr. Cannon read the staff comments as follows: Building Dept.: "Subject to Conmunity Appearance Board variances." Mr. Cannon advised that the Community Appearance' Board met last night (January 17, 1983) and they granted the variance to allow the applicant not to construct a planting strip along the railroad, where a hedge would normally be required. The Community Appearance Board agreed that that was not necessary. The Community Appearance Board denied the second variance. Mr. Cannon said the applicant asked that he not be required to plant trees along the whole frontage of the property because of the small distance between the building and the property line. Mr. Cannon believed that was about six feet. The Community Appearance Board did not agree with the applicant, and they did not grant that variance. Mr. Cannon Said they obviously felt that you could plant trees in that strip there. Mr. Cannon continued reading the staff comments, as follows: City Planner: "Subject to Parking Lot Variances." Mr. Cannon informed the Council that was granted by the Planning and Zoning Board last week. Public Works Dept.: "Subject to Public Works location of Pad. Mr. Cannon explained that refers to the dumpster pad, Councilman deLong believed there was some question at the Community Appearance Board meeting the other night (and the Vice Mayor was also there) about the sidewalk that goes down to the canal and the necessity for it. Councilman deLong pointed out that more or less, appears to be a fishermen's wharf for the people that use the canal to fish. They could not see why they had to go to that expense. What brought it out more so. was the Chairman, who definitely pointed,out that they wanted trees planted on that side. Councilman deLong believed there were five or six trees. By putting the sidewalk, there, with the limited amount of space they have, Councilman deLong said it would endanger the growth of trees. They thought the trees would be more benefi~cial than this walk that went no place. It went down to the canal. Councilman deLong stated the applicant Would not~ha~e .~hough room with the trees, if he put it on the property line. He confirmed with Vice Mayor Warnke that it was something like six feet. Councilman deLong continued by saying the applicant was very concerned about that. He said they did not know who to refer this to mn order to eliminate that. Mayor Trauger asked where the request for the sidewalk was. Mr. Cannon answered that under our Sidewalk Ordinance, when a piece of property is developed or there is an addition made to it, the property owner has to build a side- walk. Councilman deLong said they were talking about a sidewalk - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 that goes down into the canal. He asked in which direction the building faced. Councilman deLong asked if the frdnt of the build- ing was to the east or to the west. He was advise~ that the building faces to the north.' Councilman deLong pointed out that they had a contention aboUt a sidewalk that was ~i~her going to be on the east or On the west Side. It was specified that it would go into the canal. Under our Ordinance, Mr.. Cannon advised the applica to build a sidewalk along the entire frontage. Mr, at the Plannmng and Zoning Board Meeting, the [applJ th~ desire t° build that sidewalk only up to their Planning and Zoning Board did not feel that they h~ to make that recommendation. Mr. Cannon said there variance procedure. They simply refer it to the CJ .nt would have Cannon thought cant expressed driveway. The d the power is no form of ty Council. Vice Mayor Warnke asked what is on the west side of at' the present time. He asked if that was also ind vacant land. Mr. cannon answered that it is vacant residentiaI City Manager Cheney commented that it residential, and you will have people living there. t'hat was the Riley-Field's development of Sand Hill extend that sidewalk down that side, in Vice Mayor opinion, it should go all the way,~.along with the ¢ CoUncilman~deLong asked if ~they were talking'about the building. Vice Mayor Warnke replied, "Yes." Councilman deLong was talking about the one that i'~ the canal. City Manager Cheney clarified that they about a sidewalk on the west side of the building, of High Ridge Road. He advised that the west side lng is required by the City Code. City Manager Chc tiOn was ~hat the Council reqUire it because if the the sidewalk in one particular situation, they will with other people wh° do not want to build a sidewe High Ridge Road ustrial o~ land, zoned will be He said . If you Warnke's ity's Code. the front of going into were talking the east side of the build- ney's recommenda- y do not require have a problem lk. City Manager Cheney was glad Councilman deLong brought .t up, as it residential s ~uld be addressed. Eventually, it ms gomng to b~ and Vice Mayor Warnke adVised they Should have tha~ sidewalk. Mayor Trauger~asked if the City had the acquiescenqe of the appli- cant to place that sidewalk there. He asked if the applicant understood that it requires a sideWalk. Councilma~ deLong replied, "oh yes. He didn't c~ntest it. The only'thing wa~, ~he cOmmunity Appearance Board was very much concerned with the planting of the trees." Councilman Wright asked what will be manufactured t~ere. City Manager Cheney answered that this is an expansion of an existing plant that makes machinery that' makes sanitary napkins He believed they were expandmng themr engzneer~ng ~space by 4,200 feet so that thgy can continue to operate. City Manager Cheney said it is a fantastic place; they have worldwide sales. - 50 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY ~8, 1983 Councilman deLong moved to approve the unanimous recommendation and approve the Modified Site Plan subject to staff comments, seconded by Councilmember Woolley. Motion carried 5-0. Request Approval of Site Development Plans submitted by John Pagliarulo to construct Temple Beth Kodesh located on NE 26th Avenue, west of Rolling Green Elementary School. These site plans will provide for the construction of a 9,600 sq.~ ft. temple, plus parkinq lots and drainaqe facilities Tim Cannon, Assistant City Planner, said this site plan comes to the City Council on the unanimous recommendation for approval by the Planning and Zoning Board, subject to staff comments. Mr. Cannon pointed out N. 'E.22nd Avenue on the b~,~tom, Vfllage Royale right across the street, and the proposed location for the temple, which was roughly outlined. Mr. Cannon said there will be. two entrance drives, one going into the parkin'g lot, and two aisles which Mr. Cannon indicated on the overlay. He added that there will be another driveway going around the back. Mr. Cannon told the Council that at the present time, the remainder of the property will remain vacant. The applicant pro- poses to locate a storm water retention area at the rear of the property. The Community Appearance Board met last night (January 17) and recommended that the landscaping be approved. However, the 'Community Appearance Board required that this retention area be moved more to the center of the property in order to save some pine trees that are located back there. The City Engineer has written a memo which states that would meet with his approval. The staff comments, as approved by the Planning and Zoning Board, were read by Mr. Cannon, as follows: Building Dept.: (Bert J. Keehr, Deputy Bldg. Official) "With regard to the above mentioned site plan, be advised of the following: 1. Church front overhang encroaches front setback." Mr. Cannon explained that means the church will have to be moved back a few feet to meet the zoning requirements. "2. Sidewalks to go through driveways. 3. 9 additional parking spaces are still required to meet parking ordinance.. 4. Ail existing trees must be shown as to their type and size. 5. 1 tree is required for every 40' of lot frontage. Plan shows 7. 6. Handicap parking spaces should be located as close as possible to front entrance. - 51 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 "7. Double stripes are required on the 9' parking spaces shown on the north side of the parking lot. 8. Plan does not show dumpster location. 9. Sig~s for handicap parking must be shown on the plan." Engineering Dept.: (Tom Clark, City Engineer) '1. Construction details for pavement and curbs will be required including all dimensions for pavmng in right of way. 2. Existing swale area in right of way must be i~proved and plans must show the proposed construction. 3. A sidewalk and/or bicycle path must be planned and shown on the site plan. 4. Detail A-A is OK but exceeds the City require- ments with respect to the subqrade. Revisions shouldbe made on plans now instead of requesting a change later." Public Works Dept: "Show dumpster Pad 10Xxl0'" Police Dept. Fire Dept.: (Wm. D. Cavanaugh, Fire Inspector) "Subject to Stop Signs" "LocatiOn~200 N.~E.-26thAvenue ' PleaSe~be'advised_%hat inorder ~to conform to City Subdivision requirements the above location shall have a fire hydrant provided. This hydrant may be connected to the water line that runs north and south on the west edge of their property." Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and approve the site development plans submitted by John Pagliarulo to construct Temple Beth Kodesh located on N. E. 26th Avenue, west of Rolling Green Elementary School subject to staf£ comments. The motion was seconded by Councilmember Woolley. No discussion. Motion carried 5~0. LEGAL Ordinances - 1st Readinq ProP~sed~Ordinance No. 82L51 Re: Monahan Parcel Councilman deLong moved to strike Proposed Ordinance No. 82-51 from the Agenda, seconded by Counci'ilmemb~'~ Woolley. No discussion. Motion carried 5-0. Councilman deLong questioned whether you can bring it back on another Agenda when you make a motion to strike it from the Agenda~ or d~ you strike it out PERIOD. Assistant City Attorney WOlf advised, "Strike it out PERIOD, because it is going to be substituted with another Ordinance." - 52 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Councilman deLong remarked that they already passed on the motion so they could not amend it. He moved, as the ~ssistant City Attorney suggested, that Proposed Ordinance No,-82~51 be stricken on account of a substitution of a pending Ordinance. Councilmember Woolley seconded the motion, and the motion carried 5-0. Resolutions Proposed Resolution No. 83-D Re: Supportinq Growth Management Proposal s Mayor Trauger apologized to the Council on the submitting of this Resolution. He said it was taken from the report of Dr. John DeGrove of Florida Atlantic University to the Governor and to the Cabinet. Mayor Trauger said the point of it is to bring it into the record to get immediate action so that he can give a copy to Councilman Wright for his Intergovernment Relations Com~ittee and also the Future of Florida Committee, which will be reporting to the Florida League of Cities .on February 10th or llth, and also to give to City Manager Cheney for his meeting in Tampa of the Environmental Quality Committee Meeting there. Mayor Trauger advised it will also take to the legislative counsel of Palm Beach and put it before their delegation for perhaps enactment in pushing it to the legislature. In basic parts, Mayor Trauger explained that what it really does, (in D~,deGrove~ comments), was (1) makes all Counties chartered governments. There are three or four in FlOrida that are not. (2) It also has an annexation procedure that is much better than the current one; and (3) it also addresses regional comprehensive planning, County organizational structures of char~ers, annexation laws, and full service .cities. Mayor Trauger believed this was one of the great future directions of Florida, although he did not believe the legislature would embrace it 100~ at the start. Attorney Wolf read proposed Resolution No. 83-D by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING GROWTH MANAG~ PROPOSALS" Councilman deLong moved the adoption of proposed Resolution No. 83-D, seconded by Councilmember Woolley. No discussion. A roll call vote was taken on the motion by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 53 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Proposed Resolution No. 83- 2nd Avenue Re: Intracoastal Bridge Crossing at Vice Mayor Warnke was introducIng this at the present time because the previous City Council had gone on record as favoring the bridge in the new location over the Intracoastal Waterway. The media has picked this up and is using it as a fight between the City of Boynton Beach and other cities who are against this bridge. Inasmuch as the Council has changed, Vice Mayor Warnke wanted to get it on the record as to what the present Council feels, either pro or con on this bridge, to keep the matter straight and clarify the air. That was why Vice Mayor Warnke brought it up as a Resolution. Mayor Trauger asked Vice Mayor Warnke to recall that the Council organized the Community Redevelopment Agency, and they are on record in the support of the State plan for the bridge. Mayor Trauger believed in the records of our Chamber of Commerce, that their board has also endorsed there. Vice Mayor Warnke asked how the Council feels about this. Mayor Trauger informed him that Councilman deLong suggested that perhaps they better take this and run it back through "these tracks" for their comment before they get it before the Board. Councilman deLong's point'was that they have a Resolution in the City of Boynton Beach, Florida opposing the relocation of the Ocean Avenue bridge (State Road 804) in the Town of Ocean Ridge, Florid~ and urging that no further funds be expended on the pro- posed project and supporting the repairs on the existing bridge. Councilman deLong stated that this was the same Resolution that was passed by Gulfstream. Councilmember Woolley and Vice Mayor Warnke agreed that was right. Councilman deLong asked, "Why are we supporting what Gulfstream wanted? Why don't we get a count here and find out what the people want?" He did not think by the Council passing this now would be a decision of the people whom they have not contacted yet. Councilman deLong urged, "Give us an opportunity to contact them." Councilman deLong suggested that they lay this on the table until such time as they can get back to the people who want a voice in whether or not they are going to have the Ocean Avenue bridge or the Intracoastal bridge over at 2nd Avenue. Vice Mayor Warnke wanted to clarify the air. Councilman Wright pointed out that the Community Redevelopment Agency has been discussing this matter. The last report Councilman deLong heard from the Depart- ment of Transportation, they had no intentions of changing the site. Councilman deLong moved %o lay the question on the table, seconded by Vice Mayor warnke. No discussion. Motion carried 5-0. - 54 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Other Report on Amendment Referendum on March Ballot by James Vance, City Attorney James Wolf, Assistant City Attorney, informed the Council that Mr. Vance and he discussed this. He said the memorandum from Attorney Vance dated January 17, 1983 discusses the referendum concerning anneXation. Both Attorneys Vance and Wolf were of the opinion that Florida. Statute,~ ChaPter 17t~set~S out a~procedure fo~ ~ ~ annexation, It says~that it will be the only procedure, basically. Attorney Wolf stated that neither he nor Attorney Vance felt that the City could pass a binding referendum or an Ordinance saying that they will not accept an annexation in the future. Attorney Wolf noted they also asked a question concerning a straw ballot. He advised that there is .nothing in the laws to prohibit a straw ballot as long as it is not binding and you are not precluding any City Council in the future from accepting or deny- ing an annexation petition. Vice Mayor Warnke asked what'good a straw ballot would do. Council- man deLong said a straw ballot would give them some indication of what the people want - the same as what Vice Mayor Warnke brought up here with his Resolution, except they were going to go a little de~per with this boundary and give the~ people an opportunity to ~7oice their opinion as to what they want. Councilman deLong moved to put this item on the ballot for a straw vote. Vice Mayor Warnke asked which ballot that would be. Councilman deLong said it would be in this upcoming election.in March. He~'assUred Councilmember Woolley the ballot would be worded properly so people would know exactly what they are voting on. Councilman Wright thought they needed more study. Vice Mayor Warnke seconded Councilman deLong's motion to put the item on the ballot. Both Mayor Trauger and Councilman Wright wanted to know what they would accomplish. Councilman deLong answered that they will ask that the City Planner and his staff and the Planning and Zoning Board make a selection of something further west than the west side of Lawrence Road. He only used the west side of Lawrence Road so they could start some place. Councilman deLong said to let the people decide how far out_-they want to go west after the Council decides on the recommendations that they receive. In other words, Vice Mayor Warnke said they were asking fOr a straw vote. They are putting it out there, like Lawrence Road, and - 55 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 letting the people decide. Councilman Wright questioned whether this was a way of just getting people out to vote. He thought they should ask the staff to do more study and give a report showing where the City is a~d~where they are,~going. Councilmember Woolley could not vote on this unless she knew exactly how it is to be worded. Councilman deLong advised that the idea is to instruct, by motion, the CitY Attorney to draft, as soon as they get the r~eport from the~Planner, staff, and the Planning and Zoning Board. If Vice Mayor Warnke interpreted this right, alt Councilman deLong was saying to the people was, "Should we stop at a certain point?" Councilman deLong answered, "Yes.. Lawrence Road, or should we go further west?" City Manager Cheney asked if they expected the straw ballot to go on the next election. Mayor Trauger asked what election it would be on and if it would be on the primary. Councilmember Woolley thought they would have to have a map on them, so the people would know exactly where Lawrence Road is. If it ms just a straw ballot, it has no merit, City Manager Cheney pointed out. Vice Mayor Warnke said it was merely a guideline. Mayor"Trauger was having a "bit of a bridge accepting this"' and no%knowing whether it was going_~to be west of Military Trail~, Lawrence Road, Knuth Road, or Military Trail itself. He thought_they were wait- ing for the staff to make these recommendations. Councilman Wright thought they said at the last Council Meeting they would get a report. Attorney Wolf said as far as whether they can put something on the ballot, it is a policy question, and he did not think he should get involved in that. A straw ballot would be ~non-binding, and if he was instructed, Attorney Wolf said he would try and draft it in a non-binding manner. Legally, Attorney Wolf said they could not have a binding referendum on this issue. As far as putting a referendum on the ballot~ Attorney Wolf was only aware of one procedure, and that is laid out.by State Statute, whether it be a straw ballot or not. In order to legally get on the ballot, Attorney Wolf thought they would have to follow procedures according to statute. Councilman deLong asked City Manager Cheney how long it took to get the last one. It seemed to City Manager Cheney if they were going to have a ballot of any kind, they had to have some meaningful discussion and a~review by'.the Planning and Zoning Board ahead of time. Unless they have a lot of Special Meetings, City Manager Cheney said it was not possible to get it on this March election and have the Planning and Zoning Board and othe~ people review it so they would have some understanding of ~That the implications are as to whether they would have Lawrence Road or Knuth Road or Military Trail. - 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Manager Cheney re¢ could go to refere never, never got s Councilman deLong said this was asked for quite awhile ago. City alled it was a meeting ago they asked if it ndum. Councilman deLong recollected that they ny reply, and that has been very many months. There was discussi deLong said the qu was important eno~ large a City they ~U~'he thought, bef City should have a that they needed t COuncilman deLong going to be. When developed, will be people, they say, Wright said they w He certainly did n Vice Mayor Warnke they~would like to call a workshop se going to' be on the man deLong said it they could get on Mayor 'Trauger asked wanted to limit th member Woolley adv agreed. Councilman deLong exactly would be s Road as one. The Road. Mayor Traug they instruct the would limit the we mn favor of moving two alternatives - Mayor Warnke~secon on as to what meeting it was. Councilman estion was whether or not the Council felt this gh for the citizens of this City to decide how want. Councilman Wrightrthought it was important ore they just go run to the polls to vote, the n idea of where they are going. He emphasized o give some further study. said people want to know how large is this City you tell him the residential, when it is fully somewhere in the neighborhood of 70,000 "Where are they going from here?" Councilman ere not saying, they want 70,000 people overnight. ot want' 70,000 people overnight. suggested that since they had several issues have the public vote on, perhaps they should ~sion within the next month'and decide what is Special~'Election ballot this summer. Council- would be according to the City Attorney whether zhe ballot. what wording they would use and whether they growth to 70,000 and to Lawrence Road. Council- ised they could not do that. Councilman deLong noved %o have the City Attorney write out what ~propriate. He wanted to start at Lawrence second dhoice would be further west than Lawrence er said Councilman deLong made a motion that ~ity Attorney to prepare a straw ballot that stern boundary to Lawrence Road or if they were west of Lawrence Road. Those would be the Lawrence Road or west of Lawrence Road. Vice ted the~motion. Robert L. Foot, 24 0 S. W. 1st Street, Boynton Beach, pointed out that they have a special in this City. They can m~ke a recommendation tD the Council people, who have been elected to take the responsibility for the City. Mr. Foot asked why they had to put an item ,out for the emotions of the community to reckon with. He asked, "Can't you people handle this responsibility? Can't we look to our professional City management to give you an opinion for you to work with. The idea of working with a referendum for a 2nd Avenue bridge is unbelievable." - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 When they have things that are of utmost importance to the people in this City, Councilman deLong thought the people should have a voice in these important things. He s~aid-the reason ~hey tied the 2:00 o'clock closing and height limitations to a referendum was the fact that they know there are forces that would like to eliminate such things. Councilman deLong said they cannot rescind that without the voice of the people. Mr. Foot asked, "Can't you come up with a referendum that has some meat to it?" Councilman Wright agreed. Regardless of who you have in the City looking after our interests, whether it is a professional Planner, City Manager, City Attorney, or the entire Council, Councilman deLong thought the people should have a vote in their government. Councilman Wright reiterated that the Council should know where they are going first. Councilmember Woolley thought the people should have a voice also but her main point was, "Is it going to make any difference what their opinion is or what they think?" Attorney Wolf replied, "You won't be legally bound." Councilmember Wool-ley said the people can say they want it to be 2nd Avenue, to the North and Congress to the west. She asked if it made any difference. Attorney Wolf replied, "Legally, no." Mayor Trauger repeated the motion again. City.Manager Cheney thought there was one area they should clarify. He informed the Council that Lawrence Road is technically a right-of-way that has two sides - east and west. Sometimes when we talk about municipal boundaries, City Manager Cheney said we talk about using a road in the boundary or we talk about the frontage of a road as the boundary. He thought that was an important issue which the City Attorney should address. He asked if they were talking about the right-of-way of Lawrence Road. Councilman deLong said they were talking about the west side - a line. City Manager Cheney questioned, "including the rear of the property facing Lawrence Road?" Councilman deLong would say from Hypoluxo Road right down. (He knew they could not interfere with Hunters Run). Councilman deLong reiterated they were talking about the west side of Lawrence Road, wherever the west side comes. City Manager Cheney asked, "The west side of the right-of-way of Lawrence Road or the rear of the properties on Lawrence Road?" Councilman deLong answered, "The property line of the west side of Lawrence Road." Without getting into the policy line here, City Manager Cheney pointed out that if the citizens vote to be in favor of Lawrence Road, then he thought they had a potential jurisdictional problem using a road as the annexation line. Councilman deLong advised, "A line in the direction of the west side." In other words, Councilman deLong reminded City Manager Cheney, the City Attorney has been instructed. This is his problem. City Manager Cheney wanted to be sure they knew what the City Council wants. Councilmember Woolley was anxious to see it all drawn out. on a map. Councilman Wright thought when these reports go to the State Legislature (85 from the League of CitieS), they want to - 58- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 know if there is going to be a shortage of this,-~that and the other, and where are you going. He thought they owed it to the people of Boynton Beach to let them know why the Council is concerned, if they have a shortage of water, funds, or something. Councilman deLong advised that certain reasons were given at the last meeting. City Manager Cheney asked if the Council was willing to have a Special Meeting in order to handle the issue. He said if they want to get it on the March ballot, they may have to have some Special Meetings of the City Council. Vice Mayor' Warnke stated he would rather work it out in detail with reports and not work in haste. A vote was taken on Councilman deLong's motion. The motion was denied by a vote of 3-2, with Vice Mayor Warnke, Councilmember Woolley, and Councilman Wright voting aqainst the motion and Mayor Trauger and Councilman deLong voting for the motion. Vice Mayor Warnke explained that he voted "No" because he wanted to put more input in a Special Meeting. COuncilman deLong made another motion. He moved that they turn this over to the City Attorney and hold a Special Meeting to deCide whether to place it on the ballot for a straw vote .... Attorney Wolf did not have the time periods in front of him, He really did not know if the Council should be aware of what kind of time frame they were running into if they wanted to get it on the March ballot. City Manager Cheney said he wrote a memo this week on that. Mayor Trauger and Councilmember had it ~in their boxes. City Manager Cheney did not have it here. The only thing that concerned Attorney Wolf was that they did not have an Ordinance for the January 18th reading. Councilman Wright asked if Attorney Wolf said it was the decision of the Council to approve or to deny amy annexation request. As Mayor Trauger understood the motion, it was moved and seconded to instruct the City Attorney to prepare a proposed Resolution on the item for the ballot and the straw ballot based on the input from the City Planner and the Planning staff using Lawrence Road as one guideline and whatever the City recommends and is approved by the Council as the second choice. Vice Mayor Warnke seconded the motion. Councilmember Woolley distinctly recalled that one of the dates City Manager Cheney had on that sheet was January 25th, and they are all tied up on January 25th. City Manager Cheney did not remember the dates. Attorney Wolf advised they have to be put on the ballot in a certain manner; there have to be advertisements~ and otherwise, they cannot go on the ballot. If they do not make it, Councilman - 59 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 deLong pointed out they can hold a Special Election on it. Council- man Wright thought that would be better. Councilmember Woolley remarked, "Let's not rush itl" The Mayor restated the motion to instruct the City Attorney to get with the staff to get the appropriate words and boundary lines that will go in the proposed straw ballot. A vote was taken, and the motion carried 3-2 with Councilmember Woolley and Councilman Wright voting against the motion. OLD BUSINESS Accept Award of. Certificate of Conformance in Financial Reportinq Mayor Trauger read the Memorandum from Grady W. Swann, Director of Finance, dated January 11, 1983, which is attached to these Minutes. Mayor Trauger commended Grady W. Swann, Director of Finance, his staff, the City Manager, and all of those in contact. He also commended the auditing firm of Ernst & Whinney, who have been working with the City mn maintaining our accounts mn order to qualify for this award. Mayor Trauger was happy to accept this in recognitmion of Grady Swann's fine work. Councilman deLong moved to instruct the City Manager to send an appropriate letter of commendation in praise of this award to all concerned and that those employed in the City Finance Department have copies of the letter mn their personnel files. The motion was seconded by Vice Mayor Warnke and carried 5-0. Review and approve organizational and personnel changes in Fire Department Councilman deLong moved to place the question on the table because he wanted an opportunity to review this. The motion was seconded by Councilmember Woolley and carried 5-0. Boundaries for Santaluces School Councilman Wright read, he thought, in the Sun Sentinel that the School Board and Superintendent of Schools are going to be having a committee of parents to relook at these boundaries. Councilman Wright reminded the Council that they took an action before and voted to try to make sure all of our students go to one school. He wanted to make sure that the Council still had that same concern and send a letter that they read the article and still have that position. Councilman Wright moved to send a package On the boundary lines for the Santaluces School. The motion was seconded by Councilman - 60 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 deLong and carried 5-0. NEW BUSINESS AcceDt 50/50 Matchinq Grant - North 22nd Avenue Bike Path Mayor Trauger said we have been working for this for some time, to get the bike path across North 22nd, and it will complete the bicycle paths in that area. City Manager Cheney commented that the original proposal was for a six £oot path but they ~ant an eight fOot path, which is not a real problem. The real problem is that the current proposal and State direction and policy on bike paths and bikeways is somewhat unlike what the City has been doing. City Manager Cheney said they have just come back from a conference sponsored by the State Department of Transportation, and a lot of people (the County folk)~were~theretoo, The strong recommendation for bike ways is that instead of having bicycles om~ . sidewalks with people, that they ought to widen both sides of the road, mark that area off as a bike way, and encourage people to be in those areas. City Manager Cheney said this is a strong recommendation of the latest recommendations based on accident reports, national surveys, etc. on bike systems. City Manager Cheney said they met and discussed this and raised questions about this recommendation. He had some strong reserva- tions about that proposal, as it affects 22nd Avenue, but he could not ignore the fact that the current recommendations are that _they widen the street four feet on each side and have that as a bike way; that they not have people riding bicycles on sidewalks. Some of the accident figures show that there are more accidents where there are bike accidents with people and at intersections where there are bikes on sidewalks than where there are bikes on the wide road. City Manager Cheney was still concerned about 22nd. At the moment, City Manager Cheney's recommendation (and he said they were going to continue to review this with the County) is that the City do as they propose here except that they make an eight foot road instead of six foot. He explained that would give more space so that you do not hit people who are walking. Unless the City changes its mind, City Manager Cheney said they will go that way. He reiterated that he was concerned about 22nd but that is what the current standards are. City Manager Cheney said their problem is that when they begin to do projects like this that are not in the current standards and someone gets hurt and they are aware of the standards, they open up the possibility of exposure that they do not want to do. They cannot ignore the issue, although City Manager Cheney thought on 22nd Avenue it was not a very good idea. Mayor Trauger asked City Manager Cheney if he was recommending that - 61 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 they put the bike path on 22nd the way the City has been building bike paths, as a '~'bike path sidewalk" rather than adding four feet to each section of the right,of-way. City Manager Cheney answered, 'That's what I am saying now." In the next couple of weeks, City Manager Cheney said they would talk to the County Engineers and the County highway people and see how they feel about it. He just wanted the Council to be aware of this. Mayor Trauger asked if this was all the money the City got this year for bike paths or if this was just a piece of it. City Manager Cheney answered, "This is all of it." Councilman deLong moved to accept the 50/50 matching grant,in the amount of $9,000 for the City's pa~t for the bike~path. The motion was.seconded by Vice Mayor Warnke and carried 5-0. C°uncilmandeL°ng~withdr~w~hi~r~q~est~to~peakat.thispoint on theAgenda. ADMINISTRATIVE Appointments to Civii Service Board TABLED Vice Mayor Warnke moved to take the Appointments to the Civil Service Board from the table, seconded by Councilmember Woolley. Councilman deLong moved that the nominations be opened, seconded by Councilman Wright. Motion carried 5-0. 1 Alternate for a One Year Term Councilman deLong recommended Henry Stanley. Hearing no other nominations, Councilman deLong moved that the nominations for this one year term be closed. Councilmember Woolley seconded the motion, and the motion carried 5-0. A vote was taken on the nomination position and carried 5-0. Henry Stanley for this Mr. Stanley was in the audience and was recognized and congratulated as no~ being a Member of the Civil Service Board. 1 Alternate for a Two Year Term Councilmember Woolley nominated Justine Gobel. commented that she has done a splendid job. Councilman deLong As there were no other nominations, Councilman deLong moved that the nominations be closed, seconded by Councilmember W0olley. No discussion. Motion carried 5.-0. A vote was taken on the nomination of Justine Gobel and carried 5-0. - 62 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Accept Anthony DiSarli's Resiqnation from Board of Adjustment Councilman deLong moved to accept the resignation with the City sending a letter of thanks and appreciation to Mr. DiSarli for his service. The motion was seconded by Vice Mayor Warnke and carried 5-0. Consider Appointment to Fill Above Vice Mayor Warnke moved the nominations be open, seconded by Councilman deLong. Motion c~rried 5-0. Vice Mayor Warnke nominated Joseph Moore, 141 N. W. 10th Court, Boynton Beach, Florida. Mr. Moore was formerly a Chief Zoning Inspector of Hempstead, New York and comes with the recommenda- tion of the Chairman of the Board of Adjustment. If there were no other nominations, Councilman deLong moved that they vote to appoint Mr~ Moore. A~vote was taken on ~he appointment of.Mr. Moore to the Board of Adjustment. The motion carried 5-0. Appoint One Member to Library Board Councilman deLong moved to nominate Anthony DiSarli, who served well on the Board of Adjustment. Due to conditions that Mr. DiSarli could not meet with the Board of Adjustment on their meet- ing night, Councilman deLong reported that Mr. DiSarli would accept the appointment to the Library Board. He said Mr. DiSarli met Virginia Farace, Director of the Library, and she was very well pleased and satisfied with Mr. DiSarli. If there were no other nominations, Councilman deLong moved that the nominations be closed. A vote was taken on the nomination of Anthony DiSarli to the Library Board and carried 5-0. Community Services Trust Fund and Community Services BloCk Grant Report City Manager Cheney said this was just in response to the Council's request. He referred to his memorandum of January 18, 1983 which stated: "We havediscovered that these two programs are not going to be combined at the State level and, in addition, we are proceeding with an application for the Conmunity Services Trust FundProgramwhich, hopefully, will provide additional funds for the new Youth Employment Program that we are developing." - 63 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Councilman deLong moved to accept the report and place it on file, seconded by Councilmember Woolley. Motion carried 5-0. Comments About Administrative Matters Mayor Trauger wanted to make several comments. First, he stated he would like to ask the City Attorney, because he did not serve a full first term when he was first elected to the City Council (the Riscoes entered suit against him and went through Appellate Court and took several months in time so he was denied a first term). Mayor Trauger wanted an opinion from the City Attorney as to whether legally he has served two full terms and whether he can legally run for a Councilman's seat in this current election. Assistant City Attorney Wolf Wished to refer that to City Attorney Vance. To the same comment, Mayor Trauger informed Attorney Wolf that he owns property in four voting districts in this City and asked if he could legally move from his current district into one of his other houses and run. He asked if he would have to live their permanently, day by day, or how long he would have to hang his hat. Councilman Wright answered, "Full time." Mayor Trauger asked, "For the full two years?" Councilman Wright replied, "Yes." Attorney Wolf could not answer because he did not know what was on file. Vice Mayor Warnke pointed out that a week from tonight (January 25) is the closing date to file, and he thought Mayor Trauger should be allowed to file subject to the legal opinion. Councilmember Woolley said there had been a legal opinion on that. Councilman Wright advised that you have to live in a district full time. Attorney Wolf also advised that your full time legal residence has to be in the district where you are running. Vice Mayor Warnke said Mayor Trauger's question was the time involved. Councilman Wright informed them that there is no time requirement involved. That had been researched a long time ago. Mayor Trauger's contemplation was that he did not believe when this districting'was set up and 16 of them ran so much in favor of it, they envisioned that they would be moving around. Mayor Trauger called attention to the fact that two promotions were overlooked in the Police Department, and they have been talk- ing about them for a long time. He advised that Anne Smith,and Marion DiPasquale were advertently overlooked in the budget report. Barring any objections legally from the City Attorney, Mayor Trauger wanted to see these people promoted within the next two days. City Manager Cheney had objection to that. City Manager Cheney had objection to the Council indicating who should be promoted or reclassified. He stated that these two - 64- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 people were not overlooked at budget time. There was no suggestion made prior to budget time that they should be promoted. City Manager Cheney considered this totally inappropriate. He said the recommendations for these two people never came to him in the proper way, have never been reviewed by the Police Chief in the proper way and have never come from the Per. sonnel Department. A memorandum was written by one of these women on October 15th, well after the budget process, well after the promotion and re- classification process was started back in July or August. City Manager Cheney reiterated there was no overlooking these two people at all. City Manager Cheney thought it was very unfortunate. He stated that this kind of individual promotion should not come in this way. There are many other girls in the Police Department who also have to be addressed. If the City Council is going to take a position saying that it is not a promotion, it is a reclassifi- cation process, because there are no positions available to make a promotion, City Manager Cheney was not sure that this was the way they should deal with individual personnel in the City. It seemed to Councilman Wright that this thing had been brewing for awhile. Apparently, ~he Mayor had notrec~ived~ an answer. .~ Councilman Wright thought they should ask City Manager Cheney, the Police Chief, and somebody to report so the Council will know what needs to be done. He ~said the Council has tried to take care of most of the employees from the top down to the bottom, and Councilman Wright thought everybody should get fair treatment. City Manager Cheney informed him that everybody gets fair treat- ment. City Manager Cheney advised that there are many people in this City employment that think they should be promoted; there are many supervisors who think they should be promoted. He said it was unfortunate that this kind of an issue is somehow taken to the City Council in a totally out of sequence way. City Manager Cheney repeated that it was not an issue at the time of budget adoption; it was never addressed at the time of budget adoption. He stated that this came up afterwerds. The memorandum written by this woman is dated October 15. By the same token, Mayor Trauger recalled a couple of years ago, they put someone in the Finance Department and raised them up. City Manager Cheney told him nothing was done except in connec- tion with the budget adoption process. Councilman deLong said the City Council is the governing body of this City. He told City Manager Cheney he had received notice of the fact that these people are deserving.of promotion. Councilman deLong said he talked to the Chief of Police and asked if Mayor Trauger talked to the Chief of Police. Mayor Trauger replied, 'Not directly. No." Councilman deLong talked to the Chief of - 65 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Police and asked him if he missed anybody on the budget. Mayor Trauger agreed that he did that at budget time, but Mayor Trauger had not talked to these girls. He said he would not know them if they walked in the door. Councilman Wright did not know them either. If the City Council takes the.moveto instruct that two individual employees get a pay raise the way the Council is doing it, City Manager Cheney thought it was a product of some activities that happened in the City over the past years. He said the City is still paying the price for many individual Council promoted actions for employees that puts people (and City Manager Cheney was not suggesting it about these two girls) in the position of where they are still suffering from that. Councilman Wright had no need of trying to supervise the staff and tell the City when to promote them. He just felt if some of these people say they have not gotten an increase, it seemed to him that some of these people who are supervising them are saying that they have been remiss In recommending some of these things. According to what Councilman wrig.ht was hearing people say, he wanted to see a report from City Manager Cheney presented to the Council by the next meeting. He pointed out that they need to know about the steps, the people's responsibility, and why other people get reclassifications and why they have not gotten any- thing. Councilman deLong was also going to recommend that they turn it over to the City Manager; he knows what the situation is; let him make a study of it; and if these people are worthy of promotion and they have not been considered in the past, then he thought action was due. Councilman deLong moved to instruct the City Manager to determine the promotion status of Anne Smith and Marion DiPasquale in the Police Department and investigate why they should not be promoted, and if they should be promoted to bring the promotion eligibility recommendation to the Council at the next meeting. Councilman deLong wanted to have it in the record, for the City Manager to follow up, the fact that the head of the department inadvertently (as was stated to Councilman deLong) had not submitted it at budget time. The motion was seconded by Councilman Wright and carried 3-1. Vice Mayor Warnke voted against the motion. Councilmember Woolley abstained from voting, as she was not familiar with the situation. Vice Mayor Warnke voted "~o" because he thinks %he City has a very capable Personnel Directo~ and City Manager, and he thou ht it should be u to the ' g P m. Mayor Trauger agreed but said they had been asking three or four months about this. Councilman Wright asked, "Why have a City Council if we cannot go through some of these reports and advise what we want to do?" He.:sa~d he heard all night, "Do we have a Council that was elected to make decisions?" City Manager Cheney reminded them that they also have some regu- lations and Ordinances and Civil Service Regulations. - 66 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 Mayor Trauger called attention to the fact that the City Council has been asking for quite awhile for a record of the Councilmen's requests and their disposition. He said they have not had such a procedure started, although they have the ability in emther the secretary, Nancy, or someone to get this done. Mayor Trauger asked if they could get this started. He did not need an answer; he was merely reading it into the recordJand wanted answers back by the next Council Meeting for all of them. Mayor Trauger next said they were looking for gar.bage and trash to be consolidated and implemented as the City Council stated in October. It is now January. The American Legion Land Swap has been going on as long as Mayor Trauger has been sitting on the City Council. Before this Council is over, Mayor Trauger said he would like to have the American Legion people finally satisfied. Further, Mayor Trauger said the City has been looking at a pistol range for our ci~±zens at the Fraternal Order of Police for about two years. A study ms going to be made as to what is best for the Fraternal Order of Police and what is best for the pistol range. They have been talking about' plaques for appropriate buildings to monumentize the City Council's names on fire engines, buildings, and other equipment. Also, Mayor Trauger reminded the Council that they talked about a small park on the Intracoastal, down near the Two Georges. It is in the budget, and he did not know what action is being taken. Also, they are working on an agreement with the Inland Water Navigation District, Mayor Trauger believed, for the Jaycee Park and for some implementation as to what the City can do in that area with benches. Mayor Trauger asked for a digest for curtailment of funds from the Chamber of Commerce with a summary, either monthly or quarterly, as to what they are doing and their proposed plans as a report. He had not seen that yet either. Mayor Trauger wanted the status of the Day Care Center, of the work that is going on, completed now, or when. - 67- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 18, 1983 The Council has been following through on the Girl Scout Park and have had several letters into the County Commission on that area Mayor Trauger pointed ou~. Another one coming up was what did they know, as a City Council, concerning this Gala Affair that is coming up. He asked how much money. The above were items Mayor Trauger believed were brought before this Council and, before it retires in a couple of months, Mayor Trauger believed they should finish this action at this Council. One other request Councilman Wright recalled was the report (he guessed they could do that in March because they would need a little time) on the feasibility of an adtive_Housing~ Authority within 'the City. Mayor~Trauger advised that. we have a Housing Authority - the Boynton Beach Housing Authority. Councilman Wright wanted to activate our own local one. Mayor Trauger said he would work on that. Vice Mayor Warnke made a motion that within the realm of the workload, the Council get a report on the above items by the next Council Meeting. The motion was seconded by Councilman deLong and carried 5-0. ADJOURNMENT The meeting was properly adjourned at 11:40 P. M. CITY OF BOYNTON BEACH f ~C~u~ci lman Vice Mayor (Five T~es) - 68 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA C 7Y BOYNION BEACH 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA 33435-0310 (305} 734-8111 Attachment r. eferred to ~ on ~age. 2 January 18, 1983 Honora'b!e james R. Wolf, Esq. Assistant city Attorney City of Boynton Beach Boynton Beack, Florida 33435 Dear Mr. Wolf: It is with regret and congratulations that i, as Mayor representing the City Council and the citizens of Boynton Beach, wish you good will and success as you take on your new responsibilities as Florid League of Cities Chief Counsel. ~' We have greatly enjoyed .your involvement in City affairs and have admired the candid and cooperative assistance that you gave to the City as you worked with the City Attorney to supply Boynton Beach with outstanding legal services, which have often included the task of representing the City in the Court system; a task which you have carried out with professional diligence and remarkable success We are extremely pleased that we will now be abl? to share your knowledge and expertise in municipal law with all cities throughout the State, and are confident that the League's programs will greatl. benefit from your involvement. We wish you and your wife well in the State Capitol and look forwar to working with you at the League. Sincerely, CITY OF BOYNTON BEACH Ma yor k~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AGENDA JANUARY 18, 1983 January 18, 1983 ADMINISTRATION Approval of Bills: I.B.M. Corporation 3 Model 6705 Selectric III for Police Dept. Pay from Federal Revenue Sharing---320-211-521-60-42 I.B.M. Corporation Lease Copier III Model 40 (City Hall) Charge to various departments---General Fund and Water and Sewer Revenue Fund I.B.M. Corporation Rental for January, 1983 for System 34 Pay from General Fund---Various Departments Kobla-~ Constructors and Engineers Est. %1] 1MG Water Tank & Booster Station for period 12/1/82 to 12/31/82. Pay from Utility General Fund---403-000-169-01-00 Marcinkoski-Gradall Final Payment P.O. 55195 Amount withheld until completion of Swale Construction For Group III Areas . Pay from General Fund---001-411-541-60-3P Per bid 9/20/82, Council approved 10/6/82 Myre Fairway Construction Co,~I~c. Golf Course for period from 12/1/82 to 12/31/82. Pay from B.B. Recreation Facility Constr. Fund 415-000-169-41-00 Neptune Meter Company 300 Meters for Water Distribution---S7,860.00 Pay from Water & Sewer Revenue---401-333-533-60-51 1 6" Tru Flow Meter & Strainer for Water Distribution Pay from Water & Sew Rev---401-333-533-60-51---$2,937.00 2,484. )0 1,505. '. l0 6,965. 10 36,152. 0 1,237. 7 26,887.: 0 10,797. 0 -2- 10. 11. 12. 13. 14. 15. 16. Russell & Axon Professional services rendered on various projects. Pay from the following accounts: 403-000-169-01-00 $22,368.42 403-000-169-11-00 7,208.15 O.M. Scott & Sons Company 138 Bags Sulphur for Parks Department Pay from General Fund---001-722-572-30-61 Sav-On Utility Supplies, .Inc. 150 3/4 Ford Ball Valve with lock wing for Water Dist. Pay from Water & Sewer Revenue---401-333-533-60-51 Bid Item South Central Regional Wastewater Treatment Board Services in the treatment & disposal of wastewater for the month of December, 1982. Pay from Water & Sewer Revenue---401-353-535-40-gI Unijax~ Inc. Janitorial Supplies for Building Maintenance Pay from General Fund---001-192-519030-92 Van's Electric, Inc. Final Payment P.O. 54809 Balance due Electrical Work City Hall Renovation Pay from General Fund---001-000-247-09-00 J. Williams Pump Service Parts for repair to Well %15 for Water Supply Pay from Water & Sewer Revenue---401-331-533-40-3B Allen Insurance Agency Renewal Police & Fire Department Accident Policy Pay from General Fund---001-211-521-10-44---$2,155.00 001-221-522-10-44--- 1,681.00 Isiah Andrews DriVer for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance %73-15, passed 5/15/73 29,576.;7 1,758. 1,237.!.0 58,812. 1,179. 1,490.(0 4,904. 5 3,836.C0 140.43 COUNCIL APP OV[D:. 17. -3- ~illie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance %73-15, passed 5/15/73 DesicDSpace International To purchase trailer @ Fire Dept. Pay from Fed. Rev. Sharing 320-221=522-60-26 12,137 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. ~Flnance Director I therefore recommend .payment of these bills. Manager 134. .)0 COUNCIL APPRO¥i ),~ ~eeti~g: ~ ~ IX. OLD BUSINESS MI'~UTES - REGULAR CITY COUNCIL MEETING ~.BOYNTON BEACH, FLORIDA CC: Finance ~ M E M 0 R A N D U M Attachment referred %o on page 60. Januazy 11, 1983 TO: Mr. Peter L. Cheney, City Manager FROM: Grady W. Swann, Director of Finance RE: AWARD OF CERTIFICATE OF CONFORMANCE - January 5~ 1983 I-am extremely happy to inform you and the CityCouncil that the City of Boynton.Beach has been awarded the coveted "Certificate Conformance in Financial Reporting" for ou~ September 30~ 1981 annnaI financial report~ It is interesting to. note that the City of Boynton Beach is included small gxoup of only 332 governmental units that have-been honored by this awaxd~ and only 44 in the State of Florida~ This is extremely impr~essive when'it is. compared to over 38~000 potentially eligible units in the~nited States~ The C ~tifmcate of Conformance is th~ highest fozm of recognition the-area of governmental financial reporting, and its attainment -represents a significant accomplishmentby.the City of Boynton Beach and its management~ The entire Finance Department is to be commended for their pa~t, late or small, in this accomplishment, Also~ many thanks to the auditing' firm of Ernst & Whinney for thei~ fine assistance and extreme effort in helping us attain this goal~ Grady W. S'wann, Director of Finance City Council Fin an'ce Staff Ernst & Whinney Central File