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Minutes 11-07-84MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, NOVEMBER 7, 1984 PRESENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:32 P. M. He announced the Invocation tonight will be given by Councilman James R. Warnke, followed by the Pledge of Allegiance to the Flag. AGENDA APPROVAL Mr. Cheney referred to submitting an additional sheet for the agenda and stated one addition is under Development Plans for the document distributed at the last meeting in reference to the Central Business District. There is an addition under Openings of a Proclamation for National Hospice Month. It is indicated under the Consent Agenda there is a substitute resolution for one in the book. Under Development Plans, we have an additional letter from Mr. Alan J. Ciklin relative to Quail Lake West and also a report from the Technical Review Board regarding the Catalina Club. The~e is a resolution on the agenda regarding the recent golf bond issue. There is an additional bill from the South Central Regional Wastewater Treatment & Disposal Board in the amount of $79,219.90. He would like to delete from the agenda under Bids, the item for awarding the contract for boat ramp park as another meeting for that is needed. Councilman Cassandra stated he has two items he would like to add, one under Legal - Other 6. in reference to the family definition that was submitted to be reviewed by the Planning & Zoning Board and under New Business - C. City Manager's Compensation. Mayor Zimmerman stated he would like to add an announcement concerning the public hearing tomorrow night. Councilman Wright moved the adoption of the agenda with the noted additions, deletions and corrections. Councilman Warnke seconded and the motion carried 5-0. ANNOUNCEMENTS Mayor Zimmerman announced City Hall will be closed Monday, November 12, 1984, in observance of Veteran's Day. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 The Mayor announced the Boynton Beach American Association of Retired Persons (AARP) will sponsor a free Health Fair at the Boynton Beach Civic Center, 128 East Ocean Avenue, Boynton Beach, from 10:00 A.M. until 4:00 P.M. on Saturday, November 17, 1984. Ms. Carol Ann Schiller explained the Save Water Program and told about the full participation given by volunteers in various projects. Mayor Zimmerman then presented Certificates of Appreciation to those volunteers present. Mayor Zimmerman read a Proclamation proclaiming November 11, 1984, as Veteran's Day. Mayor Zimmerman announced the Boynton Woman's Club Diamond Jubilee Week will be held November 12 thru 17, 1984, with various events taking place. The Mayor read a Proclamation proclaiming the month of November, 1984, as National Hospice Month. Mayor Zimmerman announced the City Council will be holding a public hearing tomorrow night at 7:30 P. M. for the huge Park of Commerce in the northwest part of town and he hopes a number of people will be present. MINUTES Regular City Council Meeting Minutes of October 16, 1984 Councilman Cassandra moved to accept the minutes as pre- sented, seconded by Vice Mayor Ferrell. Motion carried 4-0 with Councilman Wright abstaining since he was not present. CITY MANAGER'S REPORT Closing of Ocean Drive Mr. Cheney reported that the traffic counts were received from the county today regarding Ocean Drive. These will be reviewed with other issues and he will try to have a report for the next'Council meeting. Location of Intracoastal Bridge Mr. Cheney reported that no more information has been received on this and he is awaiting the special master's report from Tallahassee, so we can respond t° that. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Board of Adjustment Meeting Mr. Cheney announced that even though Monday is a holiday, the Board of Adjustment will meet that night. Junked Cars Parked on West Industrial Avenue The City Manager referred to there being concern some time ago about junked cars parked along West Industrial Avenue and stated they will be parked there again this week. He explained these will be used as part of the Fire Department's training program and the property owner has given permission. Remarking of City Hall Steps Mr. Cheney warned the people when leaving the building to exercise caution going down the steps as the tape has been removed, but will be replaced. Golf Course Bond Issue The City Manager reported that we had a successful closing of the refinancing of the golf course bond issue. Out of that process, we have put into our reserve fund about $165,000 to $170,000, which was the main purpose of the refunding. This was not done because of financial problems, but to have a reserve primarily for a tragedy which may hap- pen sometime. The money is set aside in reserve now and the golf course is in good shape. PUBLIC AUDIENCE Golfview Harbour Problems Mr. Leonard Kanonik, 1330 S. W. 28th Avenue, stated about three years ago, he approached the Council when Golfview Harbour had problems with vandalism and the police corrected that. At that time, there were stop signs with bullet holes, the bridge with graffiti, etc. All the signs are still there in the damaged condition and nothing has been done in the three years. He showed pictures of these to the Council. He referred to panic selling occurring in the Golfview Harbour area because of the recent single family issue and stated at least the stop signs should be replaced and the bridge painted to help the neighborhood. Mr. Cheney replied that signs are replaced on a regular basis and referred to submitting a memo telling about a pro- ject just completed. - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Mr. Kanonik clarified that he brought this up so improve- ments are made to deter people from selling and hopefully another Haitian motel will not locate there as he has heard another one has shown interest in buying a house. Councilman Wright asked if it was actually determined that this kind of operation is going on there and Councilman Cassandra replied this item is on the agenda. Councilman Cassandra referred to putting a fence or wires along the bridge and Mr. Cheney replied that a chain link fence was put up on the approach to the bridge and a railing goes across. Councilman Cassandra questioned whether there should be a chain link fence on the bridge for safety and Mr. Cheney explained how the railing was a standard height and allowed fishing. Also to be considered when putting up a chain link fence is whether to do it on a selected basis or make it a practice all over the city. Mayor Zimmerman requested the City Manager to submit a report on these minor items with discussion at a later date. Request from American Legion Lero¥ Parker Post 288 Rev. Douglas Davis, 301 N. E. 13th Avenue, referred to the American Legion Leroy Parker Post 288 being ready to start construction and stated the cost for a building permit would be $2,400. He explained how this cost may hinder them from completing their small building. He is asking the mercy of the city fathers and citizens of Boynton Beach to please take this under consideration. They will pay for water and sewer hookup, but question if the permit fee could be lowered. Councilman Cassandra stated he feels we can show our grati- tude, not only to this organization but to other veterans' associations in Boynton Beach. We have done it before and should do it again. He then moved at this time to waive the $2,400 required for the building permit, seconded by Councilman Warnke. Under discussion, Councilman Cassandra asked Mr. Howell if this is the correct figure and Mr. Howell replied that he doesn't know, but it does include capital facilities and road impact fees. Mr. Cheney advised that to his knowledge, we have never waived the capital facilities charge because of the obligation to the bond issues. Also, he does not think we can waive the road impact fee or would have to take it out of city funds. Councilman Cassandra referred to helping the other veterans' post with paving a street including sewer hookup and Mr. - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Cheney agreed the Council had this choice to make, but this is a different situation with capital facilities and the road impact situation. Also, there are other non-profit organizations in town and they may request the same. Councilman Cassandra questioned the amount of these charges and Mr. Cheney replied that he was not sure of the amount, but it could be granted and he will advise the Council of the amounts at another meeting and transfers can be made. Councilman Cassandra stated he still would like to grant waiving of the fee for the American Legion. He doesn't think it is setting a precedent, but using our prerogative. Mayor Zimmerman clarified the motion is to waive all the fees involved to be paid to the Building Department by the American Legion and reimburse the county from the general fund the amount of the road impact fees. Motion carried 5-0. Trucks in Leisureville Area M~. Ben Uleck, 1507 S.W. 17th Avenue, asked if 14 wheelers are allowed on side streets and Vice Mayor Ferrell replied affirmatively as long as it is not prohibited with the posting of signs. Mr. Uleck told about the traffic, including trucks, speeding on 18th street between Woolbright Road and 23rd Avenue and requested that stop signs be installed in this area. After discussion, Mr. Cheney advised that stop signs are not generally used to control traffic speed, but this area can be checked and a report submitted. If trucks are not allowed with a posted sign, this can be taken care of by the Police Dept. Completion of Beach Mr. Uleck referred to the beach still being far from com- pleted and asked if the contractor has specified any certain date yet and Mr. Cheney replied negatively. Mr. Uleck told about the curbing being done with concrete blocks now and also boards and nails coming loose on the boardwalk. He stated he would like to be involved with the punch list and the final inspection. Mr. Cheney replied there are two kinds of completion and one is substantial completion when we are using all the facilities although the punch list items have not been completed. There is a suggestion by the builder he hopes to be substantially completed on Friday. When he is done, there is a guarantee of workmanship, and boards popping up will be replaced. He then explained that the concrete construction was different at the south end. This is adequate construction meeting our specifications. - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Councilman Cassandra suggested that Mr. Uleck prepare a list and present to the City Manager, so he can respond to his concerns. Mayor Zimmerman added that the proper authorities will look into this and submit a report. CONSENT AGENDA A. Bids One (1) Goulds Lime Slurry Pump Division Model 1 JC 11 Horizontal Pump - Utilities The Tabulation Committee recommends awarding the bid to the lone bidder, J. Williams Pump Service, Inc., in the amount of $3,183.75. Metal Containers (Dumpsters) for Sanitation - Public Works The Tabulation Committee recommends awarding the bid to the all around low bidder, Hesco Sales, Inc. Diesel Powered Industrial Wheel Tractor with a Utility Loader - Public Works The Tabulation Committee recommends awarding the bid to Trail Ford Tractor for the alternate bid in the amount of $18,887. 4. Medium Duty Hydraulic Puller Set-up to 12~ ton Capacity - Utilities The Tabulation Committee recommends awarding the bid to the lone bidder, Beverly C. Linton, in the amount of $1,301.15. Model 907 Backhoe Attachment for Existing Clark Model 742 Bobcat - Utilities The Tabulation Committee recommends awarding the bid to the low bidder, Les-Ray Bobcat, Inc., in the amount of $6,424.20. Rear Stabilizer and Stabilizer Hydraulic Kit for existing Clark Model 742 Bobcat - Utilities Included in preceding bid. % REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 B. Resolutions Proposed Resolution No. 84-AAAA - Re: Placing of Lot Mowing Liens A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES. Proposed Resolution No. 84-BBBB - Re: Reduction of Performance Bond - Skylake, Plat No. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE PURPOSE OF ACCEPTING A PERFORMANCE BOND FOR THE UNCOMPLETED IMPROVEMENTS FOR SKYLAKE, PLAT NO. 3 IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK NO. 39 ON PAGES 133 AND 134 OF PALM BEACH COUNTY RECORDS Proposed Resolution No. 84-CCCC - Re: Release of Performance Bond - The Meadows 300, Plat No. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR THE PRIVATE RECREATION FACILITIES FOR THE MEADOWS 300, PLAT NO. 1, SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 43, PAGES 58-62 OF PALM BEACH COUNTY RECORDS Proposed Resolution No. 84-DDDD - Re: Reduction of Performance Bond for Access Road and Jogging Path Bethesda Park, P.U.D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR THE ACCESS ROAD AND THE JOGGING PATH FOR BETHESDA PARK, P.U.D. IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 46, PAGE 77 OF PALM BEACH COUNTY RECORDS Proposed Resolution No. 84-EEEE - Re: Reduction of Performance Bond for the Clubhouse and Pool Bethesda Park, P.U.D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING THE AMOUNT OF THE PERFORMANCE BOND FOR THE CLUBHOUSE AND POOL FOR BETHESDA PARK P.U.D. IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 46, PAGE 77, OF PALM BEACH COUNTY RECORDS - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Proposed Resolution No. 84-FFFF - Re: Transfer of License to Spacelink Fund 2, Ltd. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE NON-EXCLUSIVE LICENSE PREVIOUSLY GRANTED TO SPACELINK OF FLORIDA, LTD., TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH, FLORIDA, TO SPACELINK FUND 2, LTD.; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Acceptance of Easement Deeds relating to the construc- tion of the Stonehaven/Banyan Creek Development The Director of Planning submitted the originals for recor- dation when approved. Confirm Election of Thomas Shemwick to Firemen's Pension Board This one nomination has been received for the position vacated by Tim Morman. Ee Approve Request from Mr. David W. Nielsen, Construction Coordinator of Burdines, for permission to place an office trailer on the southern parcel of the Boynton Beach Mall In accordance with Chapter 25, Section 25.7, of the City of Boynton Beach Codes of Ordinance, the Building Department recommends approval and the trailer will remain for the duration of the construction of Burdines. Fe Approve Request from Mr. Stephen G. Miller, Construction Superintendent for the Meadows project, for permission to place a construction trailer on the northwest corner of Tract H, in conjunction with the building of the Meadows project In accordance with Chapter 25, Section 25.7, of the City of Boynton Beach Codes of Ordinance, the Building Dept. recom- mends approval and the trailer will remain for approximately one year, the approximate time for completion. Approve request for Zoning Approval for Alcoholic Beverage Licenses: Renzo's Pizza Restaurant, Inc. Gulfstream Mall 3645 S. Federal Highway Boynton Beach, FL 33435 REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 The Deputy Building Official notes zoning for the above address permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. Crown Liquors of Broward, Inc. dba Crown Liquors Palm Beach Promenade 901 N. Congress Avenue Boynton Beach, FL 33435 The Deputy Building Official notes the above address permits the sale of beer, wine and liquor for consumption off premi- ses. Passport Pizza, Inc. of Boynton Beach Palm Beach Promenade 901 N. Congress Avenue Boynton Beach, FL 33435 The Deputy Building Official notes zoning for the above address permits the sale of beer and wine for consumption on premises in conjunction with a duly licensed restaurant. Approve Request for Refund on Cemetery Lots 619A & B, Block N, Boynton Beach Memorial Park Addn. 91 Mr. Patrick Cannon requested this refund. Facility Use & Alcohol Request - Boynton Beach Lodge No. 2676 (Elks Lodge) The Boynton Beach Elks Lodge has requested use of Boat Club Park for a Veteran Hospital fund raiser on November 11, 1984. They are requesting permission to sell draft and canned beer along with their food sales. Approve Change Order for Oceanfront Park - Twin Construction This change order includes a number of minor modifications to the construction plans plus an extension of the fence railing southward to the southern side of the 50 ft. right- of-way (with a gate in the railing), and additional landscaping areas throughout the project. K. Approval of Bills See list attached including addition from S.C.R.W.T.D. Board in the amount of $79,219.90. Vice Mayor Ferrell made a motion to approve the Consent Agenda with the noted changes and corrections. Councilman - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Wright seconded. Under discussion, Mayor Zimmerman referred to the request for zoning approval for an alcoholic beverage license from Crown Liquors not having the application filled out and Mr. Cheney recommended deleting this. Vice Mayor Ferrell amended his motion to delete Item G-2, seconded by Councilman Wright. Motion carried 5-0. BIDS Award of Bid for Boat Ramp Park DELETED PUBLIC HEARING NONE DEVELOPMENT PLANS Consider Request for Annexation, Land Use Element Amendment and Rezoning - Edward I. Singer Mr. Annunziato referred to submitting documents relative to annexation, land use amendment and rezoning to permit the construction of a gas station at Knuth Road and Boynton Beach Boulevard and advised this is contiguous to the city along the south property line. He recommends this be for- warded to the Planning & Zoning Board for a public hearing on the issues raised. Councilman Cassandra moved to follow the recommendation of the Planning Director to have this on the agenda of the Planning & Zoning Board, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. Consider Request by Alan Ciklin for Great Universal Development - Florida, Inc. to modify the preliminary plat for Quail Lake West by changing S.W. 26th Street from a public street to a private street. Quail Lake West is located west of Congress Avenue between Woolbright Road and Golf Road. Mr. Alan Ciklin referred to the original request being to make a public road through the project into a private one and stated after conferring with the City Manager and Planning Office, they have come to the conclusion it is the recommendation of the city to leave as many roadways open to the public as possible and they have decided to withdraw their request. Mr. Cheney asked if they plan to come back with an alternate plan soon and Mr. Ciklin replied they will proceed with the plat as it presently exists with the road - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 in its present location as a public road. Mr. Annunziato clarified with the request deleted, no action is to be taken and the applicant can submit the final plat. Councilman Cassandra referred to a deadline and Mr. Annunziato replied there are still one or two items which may be lacking and he suggests the applicant request a continuation of approval of this preliminary plat, so he can come back with final documents. Councilman Cassandra moved to extend the Quail Lake West d~velopment request for two months from their expiration date to present their final plat. Vice Mayor Ferrell seconded. No discussion. Motion carried 5-0. Consider Master Plan Modification (II) - Catalina Club Mr. Annunziato referred to submitting a memo and stated the request is for the Council to make the determination of no substantial change with respect to the number of parking spaces per unit. A large number will be one bedroom rental units. They are requesting to reduce the parking to 1.73 spaces per unit. It is suggested the Council make a finding of no substantial change in concept. He recommends the zoning code requirement be super-imposed for the PUD requirement, ft is felt two parking spaces per unit are not needed with having a number of one bedroom units. Councilman Cassandra pointed out that PUD requires two parking spaces per dwelling with not relating to the number of bedrooms. It it is the contention of the Planning Director, this Ks not correct, then that should be addressed and not suggested that we use the zoning code in this case. A special consideration should not be given for this builder. Mr. Annunziato clarified that the PUD refers to the zoning code for parking requirements. Councilman Cassandra referred to setting a precedent for others and Mr. Annunziato replied that he didn't think this type of ' s~tuatlon would occur again as most PUD's have a minimum of two bedroom apartments. Mayor Zimmerman clarified this is a request to make a deter- mination of whether there is a substantial change or not. Councilman Cassandra stated consideration must be given to what the code requires. He doesn't think the statement of whether or not there is a substantial change is prevalent in this matter. If the code says two parking spaces per unit, that is what it should ~be. Mr. Vance stated it would be preferable to update the language in that section of the code. Councilman Warnke made a motion in the case of the Catalina Club master plan modification to find no substantial change, - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. Councilman Cassandra requested the Planning Director to follow up on the other request. At this time, Mayor Zimmerman declared a break and then reconvened the meeting at 8:55 P. M. Consider Request to Construct a two-story office building of approximatlely 12,000 sq. ft. plus parking lot renovations at the Boynton Plaza located at 111 N. Congress Avenue. This request was submitted by Herbert C. Gibson for Nicholas Athans. Mr. Herbert Gibson referred to having gone through the application process and advised they have received certain variances and adopted the site plan recommended by staff. They have gotten to this point and because of opposition, they feel at this time it is necessary to go back and talk to some of the tenants and withdraw the application without prejudice, so they can come back with a site plan meeting the approval of the tenants. He would also be willing to continue this. He is meeting on November 13 with Publix representatives to go over these plans. He would request 60 days continuance or will withdraw the application until they are ready to go forward with the final application. Councilman Cassandra asked if it is withdrawn without preju- dice, would they have to go through the whole procedure again and Mr. Annunziato replied affirmatively, except for the parking lot variances granted which would run with the land. He explained the three parking lot variances which have been granted. Councilman Cassandra clarified that if the Council is not in agreement, the whole plan would have to be rejected and Mr. Gibson replied if they are consistent with all the codes, they are entitled to proceed, but the Council has the discretion to deny subject to review by the courts. Mr. Vance clarified that continuance is discretionary and it can be granted or not; but if he withdraws, the Council has no decision. Councilman Cassandra referred to there being concern about the variances granted and Mr. Gibson replied that the variances have been granted and are a matter of law now. The only issue is the final acceptance of the amended site plan. The site plan was approved by the City Council when it was built several years ago and it showed this building in a later phase. This proposed building is a smaller - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 building than originally planned. They have met all the conditions in upgrading to meet the changed codes. Those changes which could not be met are the subject of these variances. Vice Mayor Ferrell commented that he didn't see anything wrong with a continuance, since they are planning to try to work something out with the tenants. Councilman Warnke asked if the final revised site plan would change the parking in any way and Mr. Gibson replied it could change it, but it will be within code. He added that most of the changes made in the parking lot were made at the request of staff. Mr. Annunziato stated if the applicant is going to come back with a modified plan, he thinks the City Council would want it to go back to the reviewal agencies and perhaps withdrawal would be appropriate. Mr. Cheney stated from the point of view of staff time, he would recom- mend continuance. He explained how this would allow if he comes back with the same plan, he would not have to go back through the boards for review again; but if it is a dif- ferent plan, then the Council would require it to go through the whole process. Mr. Gibson agreed and stated if the plan is amended, he would be willing to go through the process again. Mayor Zimmerman stated he had received many complaints about this, mainly concerning accessibility to the west side. Mr. Gibson advised they are reconsidering this, but the site plan which has been approved and recommended by the boards and staff is consistent with the code. Councilman Warnke added that he had also received a lot of calls and per- sonally observed the area and noted the south end of the parking lot is congested. He doesn't think any parking in the back of the building is advisable. Mr. Gibson pointed out that the site is already built and it is not financially practical to change the location of the center. Vice Mayor Ferrell made a motion to continue this for sixty days, seconded by Councilman Wright. Under discussion, Vice Mayor Ferrell added that he made this motion on the basis of the possibility of the plan not being changed, so they don't have to go back through the whole process. Councilman Warnke clarified that if it is continued, the parking already approved by the Planning & Zoning Board and the variances requested would still be valid; but if withdrawn, they would have to go before the boards again. Mr. Cheney advised the variances do not affect the parking in the rear or the number of parking spaces. Also, he doesn't believe - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 these variances apply to the tenants' concerns. The merchants are concerned about the loss of parking perpen- dicular to the stores and this is not allowed in any shopping center because of the importance of fire lanes. The parking spaces must be eliminated in front of stores before any modifications can be made in the parking lot. Councilman Cassandra stated he thinks any applicant requesting a variance does so because they are not in con- formance with the code. Mr~ Simon Ryder, Chairman of the Planning & Zoning Board, came forward. He stated it is not known at this time whether the parking variances will or will not change. The parking variances were considered first with this proposal. Since the changes are not known, he thinks it would be entirely proper to have this withdrawn, so the Planning & Zoning Board can start from scratch. Vice Mayor Ferrell replied that based on the city staff recommendation and the cost and time involved, he believes the best move is to con- tinue it. If there is any change, it will have to go back and be resubmitted. Motion failed 2-3 with Mayor Zimmerman, Councilman Warnke and Councilman Cassandra dissenting. Mr. Gibson then withdrew this site plan. Central Business District Ordinance and Guidelines. The document from the C.R.A. was distributed at the October 16, 1984, City Council meeting. It is a land develop- ment regulation and needs to be forwarded to the Planninq & Zoning Board for review and action. Mr. Cheney explained how this proposed ordinance covered the guidelines for implementing the downtown plan according to statutory procedure. Councilman Cassandra welcomed the newly appointed Executive Director of the Community Redevelopment Agency, Mrs. Dianne Lawes, and stated that he has a lot of questions. Councilman Wright suggested obtaining recommendations from the Planning & Zoning Board and then holding a workshop meeting on this. Councilman Cassandra moved to send this to the Planning & Zoning Board, seconded by Councilman Warnke. No discussion. Motion carried 5-0. - 14- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-44 - Re: Increase Mayor and City Council Compensation Mr. Vance read proposed Ordinance No. 84-44 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 55. COMPENSATION OF MAYOR AND COUNCIL. OF THE CITY CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, TO INCREASE THE SALARY AMOUNT OF CITY COUNCIL MEMBERS, INCLUDING THE MAYOR, FROM TWO HUNDRED FIFTY DOLLARS ($250.00) PER MEMBER PER MONTH TO THREE HUNDRED FIFTY DOLLARS ($350.00) PER MEMBER PER MONTH; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Zimmerman asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in opposition to this ordinance and received no response. Councilman Warnke moved the adoption of Ordinance No. 84-44 on second and final reading, seconded by Vice Mayor Ferrell. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Zimmerman - Aye Vice Mayor Ferrell - Aye Councilman Cassandra - Nay Councilman Warnke - Aye Councilman Wright - Aye Motion carried 4-1. Ordinances - 1st Readinq Proposed Ordinance No. 84-45 - Re: One year requirement on re-applying for an application to the Board of Adjustment Mr. Vance read proposed Ordinance No. 84-45 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 10. BOARD OF ADJUSTMENT. OF APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO ADD A NEW SUBSECTION - H. WITHDRAWAL OR DENIAL OF APPLICATION. TO REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 PROVIDE THAT UPON THE WITHDRAWAL OR DENIAL OF AN APPLICATION, TIME RESTRICTIONS SHALL APPLY TO THE REFILING OF SUCH AN APPLICATION; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 10. BOARD OF ADJUSTMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING AUTHORITY TO CODIFY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved the adoption, seconded by Councilman Warnke. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Ferrell - Aye Councilman Cassandra - Aye Councilman Warnke - Aye Councilman Wright - Aye Mayor Zimmerman - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 84-GGGG - Re: Recommending the designation of State Road 80 as a cross-state highway (Requested by Councilman Samuel Wright) Mr. Vance read proposed Resolution No. 84-GGGG by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA IN SUPPORT OF DESIGNATING STATE ROAD 80 AS A CROSS-STATE HIGHWAY Councilman Warnke moved to accept Resolution No. 84-GGGG, seconded by Councilman Cassandra. Under discussion, Councilman Wright stated some people wonder why we are discussing this, but many of our residents do use it. Councilman Warnke added this will also go to the Department of Transportation. Motion carried 5-0. Proposed Resolution No. 84-HHHH - Re: Amending Resolution 84-YYY Golf Course Refinancing Mr. Vance read proposed Resolution No. 84-HHHH by title: A RESOLUTION AMENDING RESOLUTION NO. 84-TTT, ADOPTED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ON SEPTEMBER 5, 1984 AND RESOLUTIONS NO. 84-XXX AND NO. 84-YYY, ADOPTED ON OCTOBER 9, 1984 TO MAKE CERTAIN' TECHNICAL CORRECTIONS ASSOCIATED WITH THE RESERVE ACCOUNT FOR THE RECREATIONAL FACILITIES REVENUE BONDS, - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 SERIES 1984; TO CLARIFY THE PLEDGE OF DESIGNATED REVENUES; TO CLARIFY THE REDEMPTION PRICE ON SUCH BONDS DURING CERTAIN PERIODS AND TO DESCRIBE THE APPLICATION OF CERTAIN FUNDS. Councilman Warnke moved adoption of Resolution No. 84-HHHH, seconded by Councilman Cassandra. Under discussion, Mr. Cheney corrected the last paragraph to read passed and adopted this 7th day of November, 1984. Motion carried 5-0. Other Consider Settlement of Law Suit - VSH vs City of Boynton Beach Mr. Vance announced we have a proposed settlement. He reviewed the background of this law suit as outlined in the memorandum submitted by Mr. Doney dated October 22, 1984. He recommends this settlement from our viewpoint. Councilman Cassandra referred to the codes changing and Mr. Annunziato stated this plan with a few additional comments would be consistent with the current codes. Mr. James Torbit, 2399 S. W. llth Avenue, referred to adja- cent owners being concerned and asked what happens after the settlement? Mr. Vance informed him they are bound by the present site plan and if they come in with a new applica- tion, they would have to go through the entire process. Mr. Cheney added this would only be good for a year from the date of settlement. Mr. Torbit told about objections to a revised site plan. Councilman Warnke moved that the settlement proposed by the City Attorney's office regarding VSH vs. City of Boynton Beach be approved by the City Council as proposed. Councilman Wright seconded the motion. No discussion. Motion carried 5-0. Codes Enforcement Board Lien - Lots 312 & 313 - Cherry Hills/Estate of Homer Shelton Mayor Zimmerman asked if there was a figure of the amount of taxes due and Mr. Vance informed him that as of October 17, the figure was $725. Mr. Vance told about these lots being offered as a gift to the city if we would pay the taxes and obtain an appraisal. We have obtained an appraisal showing the approximate value of $8,500 for lot 22 and $7,000 for lots 312 and 313. This appears to be a decent deal and he recommends the City Council authorizing them to proceed. Vice Mayor Ferrell so moved, seconded by Councilman Warnke~ - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Under discussion, Mayor Zimmerman questioned if property is selling in this area and Mr. Cheney replied we could sell in a closed bid process. Mr. Vance commented that generally his advice is not to sell property, but when getting odd lots, that is different. Motion carried 5-0. Request authorization to Pay Utility Capital Facility Charge over 12 month period - Lake Worth Christian School Mr. Cheney referred to submitting a report and stated this explained the reason for justification. Councilman Wright moved to approve, seconded by Vice Mayor Ferrell. No discussion. Motion carried 5-0. Florida Boating Improvement Grant - Amend starting and completion dates Vice Mayor Ferrell moved to approve, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Consider Wastewater Plant Land Exchange Vice Mayor Ferrell moved to table. He added that he attempted to reach Delray Mayor Campbell for more infor- mation as he feels we are on the outside and doesn't know why there is ~ big rush for this. Councilman Wright seconded and the motion carried 5-0. Definition of Family Councilman Cassandra stated this item has been taken care of by the Planning Director and City Attorney, so there is no need to discuss it. OLD BUSINESS Response to Previous City Council Requests for Information InformatiOn concerning buffer requirements for Boynton Commerce Center along E-4 Canal Mr. Cheney reported that the Building Official is aware of the problems and concerns~ They don't expect certificates of occupancy until the landscaping is completed, which he believes they are working on right now. Mr. Ben Uleck told about trees being cut down along the canal with debris being thrown into the canal. He also made reference to growth being too fast for the area. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Youth Advisory Council (Requested by Councilman Wright) Councilman Wright stated he met with Mrs. Zibelli and Mr. Hunt and came up with a letter of application, which he would like to circulate to schools in the area and other interested community organizations. Councilman Cassandra referred to having Boynton Beach residents only and Mr. Cheney replied that the school system will not participate in a program not opened to all students in the school. After discussion about selection, Mayor Zimmerman asked if this would have the same force and effect of being a city board and Mr. Vance explained that it tends to be an infor- mal type of group the way it is set up, but it could be for- malized with a resolution at a later date. Mayor Zimmerman asked if minutes would be kept of these meetings by the City Clerk's office and Mr. Cheney replied that he would hope the group would keep their own minutes. He thinks part of the training process would be to take their own minutes. He would like to see what they can generate. Councilman Cassandra suggested that an adviser sit with the group in the beginning and Councilman Wright agreed as he would like to have someone from the Recreation Department permanently assigned. Councilman Cassandra moved to accept the procedures sub- mitted by Councilman Wright, seconded by Councilman Warnke. Under discussion, Mayor Zimmerman referred to these being sent to the local schools, civic and religious organizations and asked if Councilman Wright cared to make a list. Councilman Wright replied that the emphasis will be placed on sending to schools, but if there is someone interested in taking to an organization, that can be done. Mayor Zimmerman referred to the private high school in the area and Mr. Cheney agreed they should be included, but he is still concerned the schools will not get involved in this process within the schools if not open to all the students. Councilman Wright stated he is coordinating a Droaram with the schools and will discuss it with them. Mo%io~ carried 5-0. Progress Report on Reverse Osmosis Project Mr. Cheney reported that the letter he expected has not been received yet and he cannot give a final statement on the current progress. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 NEW BUSINESS Special Assessment District - Canal Maintenance (Tabled) Vice Mayor Ferrell requested this to be left on the table as he plans to discuss this with people in the area. City Contribution to Congress Community Middle School Project Councilman Cassandra asked if this was included in the capi- tal improvement program and Mr. Frederick replied negati- vely. Councilman Cassandra suggested going ahead with capital improvements and when getting to Congress Middle School, then consider it. Mr. Cheney referred to working hand in hand with the other donations and Mr. Frederick added this would work in conjunction with what we want to dO. Councilman Warnke clarified that proceeds from recreation contributions would pay for it and there are suf- ficient funds and Mr. Cheney agreed. Councilman Warnke moved to approve the city's contribution to this Congress Middle School project in the sum of $25,000 as proposed in the memo of November 7, 1984. The motion was seconded and unanimously carried. City Manager's Compensation Councilman Cassandra stated we have given all the city employees an increase as proposed by the City Manager. He m0~es that we give the same increase to the City Manager, w ich we have given to the city emplo ees in addition to a 2% ~ncrease to his pension fund. Vice Mayor Ferrell seconded and the motion carried 5-0. Mr. Vance then read proposed Resolution No. 84-IIII by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 81-WWW. Vice Mayor Ferrell made a motion to adopt Resolution No. 84-IIII, seconded by Councilman Warnke. Under discussion, Councilman Wright asked if this was planned on an annual basis and Councilman Cassandra replied this is 5% and 2%. Mr. Cheney clarified that all that is being done is amending the pension contribution from 5% to 7%. Motion carried 5-0. ADMINISTRATIVE Consider Replacement for Lester Ackley - Boynton Beach Firemen's Pension Fund - Vice Mayor Robert Ferrell (Tabled) - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 Vice Mayor Ferrell moved to take from the table, seconded by Councilman Cassandra. Motion carried 5-0. Vice Mayor Ferrell nominated Mr. Russell C. Burkholder, 255-D High Point Boulevard. He then moved to appoint Mr. Burkholder, seconded by Councilman Cassandra. Motion carried 5-0. Accept Resignation from Donald McKone - Community Redevelopment Agency - Councilman Samuel Wright (Tabled) Councilman Warnke moved to take from the table, seconded by Councilman Cassandra. Motion carried 5-0. Councilman Warnke moved to accept the resignation from Mr. Donald McKone with a letter of appreciation to be sent for his services. The motion was seconded and unanimously carried. Councilman Wright moved to appoint Mr. H. Peter Mooij. motion was seconded and unanimously carried. The OTHER Beach Pro~ect Change Orders Mr. Cheney referred to a change order for the beach being approved and explained this basically covers three items, to extend the railing southward from where it currently ends to prevent people from walking across the dunes and we want to put a gate in there to protect the right-of-way. Also, additional landscaping will be planted and two additional light poles. The total amount of the change order is $15,000. A railing was added to the north end which proved sensible. ADJOURNMENT Councilman Cassandra moved to adjourn. The motion was seconded, unanimously carried and the meeting properly adjourned at 10:10 P. M. CITY OF BOYNTON BEACH, FLORIDA - 21- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1984 ~/ Vice Mayor ~/~ ~ ~ilman ATTEST: /- City Clerk cording Secretary (Three Tapes) - 22 - AGENDA November 7, 1984 CONSENT AGENDA - ADMINISTRATIVE Approval of Bills: Allen Insurance Agency Annual rerate on Fire Insurance charged~as follows: General Fund .......... 001-192-519-40-43 $14,666.00 Water & Sew Rev ....... 401-393-539-40-43 28,099.00 BB Rec Fac Rev Fund---411-725-572-40-43 2,327.00 Allen Insurance Agency Endorsement adding vehicles to Auto Policy Pay from'Vehicle Service Fund---501-193-519-40-41 6 Allied Universal Corp. Chlorine for Water Treatment Pay from 1983/84 Budget---401-332-533-30-63 0 Arbor~Tree and Landscape Co. Rem~al of Trees at Municipal Golf Course and charges for three loads to County Landfill. Pay from BB Rec Fac Rev Fund---4!l-726-572-40-99 Certified Weldinq Enqineers Inc. Repairs to Sanitation Vehide ~63 Pay from 1983/84 Budget---.001-193-519-40-32 Club Car, Inco October Lease of 30 Golf Carts and Maintenance Pay from BB Rec Fac Rev Fund---411-726-572-60-8F Da!~s Paint & Body Shod Repair Cost Sanitation Vehicle ~82 accident of 9/24/84 Pay from General Fund---001-195-519-40-49 Dale's Paint & Body Shop Repair Cost P.D. Vehicle ~352 Pay from General Fund---001-195-519-40-49 e Davis Water & Haste Industries Inc. Odophus for Sewage Pumping Pay from 1983/84 Budget---401-352-535-30-65 $ 45,092.00 5,136.00 1,645.18 2,978.15 2,398.00 2,218.50 1,839.80 1,405.87 9,360.00 COUNCIL APPROVED: Meetin : 11. 12. 13. 14. 1'5 o 16. 17. 18. 19. -2- E.V.F., Inc. Final payment Type I Remount 1984 Ford Chassis for Fire Dept. Pay from 1983/84 Budget---320-000-247-13-00 $ 11,615.00 Emergency Medical & Safety SuDDly, Inc. Various medical supplies for Fire Dept. Pay from General Fund---001-221-522-30-71 1,561.00 Ernst & Whinney Professional services Annual Audit y/e 9/30/84 Pay from General Fund---001-131-513-40-66 $1785.00 Pay from Water & Sew .... 401-393-539-40-66 1583.00 3,368.00 ~a!loway Ford, Inc. 6 1984 Ford Pursuit Vehicles for Police Dept. Pay from 1983/84 Budget---320-211-521-60-81 State Contract %070-00-84-1 60,961.62 Johnson & Davis, Inc. Emergency Sewer Replacement at N.E. 23rd. Ave. and 2nd. Court per proposal. Pay from 1983/84 Budget---401-351-535-40-3F Council approved 8/21/84 19,400.00 Johnson & Davis, Inc. Sanitary Sewer repairs North Seacrest Blvd. Pay from 1983/84 Budget---401-351-535-40-3F 6,516.80 Johnson & Davis, Inc. Emergency Sewer Repair N.E. 17th. Avenue Pay from 1983/84 Budget---401-351-535-40-3F 8,862.67 Lesco, Inc. Fall Fertilizer Order for Parks Dept. Pay from 1983/84 Budget---001-722-572-30-61 Per bid 3/11/84, Council approved 4/3/84 3,135.94 Morgan, Lewis & Bockius Legal services September, 1984 - Gary Lee hearing Pay from 1983/84 Budget---001-141-514-40-6L 1,736.86 Palm Beach County Solid Waste Authority 35,155.17 Use of County Landfill for month of August, 1984. Pay from 1983/84 Budget---001-341-534-40-9A COUNCIL AP~ROV£D: Meeting: ~ 22. 24. 25. 26. 28. 29. -3- Palm Beach County Solid Waste Authority Use of County Landfill for month of September, 1984 Pay from 1983/84 Budget---001-341-534-40-9A S.I. Lime Company Lime for Water Treatment Pay from 1983/84 Budget---401-332-533-30-65 South Central Regional Wastewater Treatment Board City's portion Plant Expansion Project ~00780E Pay from 1983/84 Budget---403-000-169~12-00 South Central Regional Wastewater Treatment Board City's portion Corrective Action Procedure Project ~2 Clarifier-Weir Launder Upgrading Pay from 1983/84 Budget---403-000-169-12-00 Sun Data, Inc. ~urchase of Display Station Public Works at the end of Lease Agreement October, 1984. Pay from Vehicle Service Fund---501-193-519-60-7B .~ames W. Vance, P.Ao Forfeiture of $3,600. in U.S. Currency (George Johnson) Case No. 84-346 CA (F) 02 V Pay from Misc. Trust Fund---691-000-269-12-00 Woodbury Chemical Company 18 tons bulk fertilizer per bid specifications. Pay from 1983/84 Budget---411-726-572-30-66 Per bid 9/11/84, Council approved 9/18/84 Urban Design Studio Fourth monthly installment pursuant to agreement dated 7/18/84 Section VII, Subsections A & B Pay from Community Redev.Agency---621-136-513-40-62 Water Resources Corp. 4 -- 16" Wafer Type Butterfly Valves Pay from 1983/84 Budget---401-332-533-30-45 Per bid 8/6/84, Council approved 8/21/84 BBR General Contractors, I~c. Est. ~1 For Palm Chase Sewer Service from 10/23/84 thru 10/30/84. Pay from Utility Cap. Improve.---404-000-169-11-00 $ 31,628.30 120080.66 32,923.69 7,961.68 2,280.00 1,500.00 4,906.91 5,000.00 9,240.00 85,500.00 COUNCIL ^P. PP, DV£D M~tinE' ~' 9 g 30. 31. 32. 33. 34. -4- Metric Engineering, Inc. Inv. ~45 & 46 N. E. 10th. Ave. & Cherry Hill Project Pay from General Fund---001-000-!15-87-00 Shaw Trucking, Inc. 214 Cu. Yds. Shell Rock for Pistol Range Roadway Pay from 1983/84 Budget---001-000-247-15-00 S. E. Cattle Co., Inc. P.O. ~60894 & P.O. 960895 Swale Construction for Drainage Improvements for 1984. Swale Sodding for 1984 Pay from 1983/84 Budget---001-411-541-60-3P Per bid 9/11/84, Council approved 9/18/84 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Pe~ Ordinance ~73-15, passed 5/15/73 2,215.00 1,819.00 21,002.58 140.40 134.40 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W~i~Director I therefore recommend payment of these bills. Peter L. Cheney, Cit~ Manager COUNCIL AP. PROVED: Meetin