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Minutes 09-05-84MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, SEPTEMBER 5, 1984 PRESENT Carl Zimmerman, Mayor Robert Ferrell, Vice Mayor James R. Warnke, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Sue Kruse, Deputy City Clerk James W. Vance, City Attorney Mayor Zimmerman called the meeting to order at 7:32 P. M. and announced that the invocation would be given by Council- man Wright, followed by the Pledge of Allegiance to the Flag led by Councilman Warnke. AGENDA APPROVAL Councilman Wright added an item under "OLD BUSINESS" and stated he wanted to ask for action of the Council on some- thing. Under the "CONSENT AGENDA", City Manager Cheney added two bills. One was for United Steel Erectors in the amount of $21,449.89, which should be the final payment for that project. City Manager Cheney said the City received all of the Releases of Liens, final approvals, and will be ready to close out that project when they receive their final share of Federal funding. The second bill Mr. Cheney added was from the City Attorney for $2,193.75 in connection with the various cases the City has had with Bethesda Hospital. Also, on the "CONSENT AGENDA", City Manager Cheney wanted to amend "C", which was a budget transfer for funding for railroad crossing signs, and add another $316 to the transfer. Mr. Cheney explained that the City has to put up signs not just on the streets with the crossings but on those north,/ south streets that approach the crossings so people are warned before ~hey get to the crossing street and make a righthand turn · As the C~ty does not know who will be liable, it is protecting itself by putting up plenty of signs. Vice Mayor Ferrell moved to approve the Agenda with the additions and corrections, seconded by Councilman Wright. Motion carried 4-0. ANNOUNCEMENTS Budget Public Hearing, Thursday, September 6, 1984, City Council Chambers Budget Public Hearing, Monday, September 24 1984 City Council Chambers ' ' Mayor Zimmerman made the announcements. - 1 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Proclamation - Parkwalk Run Day, September 15, 1984 Mayor Zimmerman read the Proclamation. MINUTES Regular City Council Meeting Minutes of August 21, 1984 Councilman Wright moved to accept the minutes, seconded by Councilman Warnke. Motion carried 3-0 with Vice Mayor Ferrell abstaining from voting because he was not present at the meeting of August 21, 1984. CITY MANAGER'S REPORT October and November Council Meetings City Manager Cheney reminded everyone that the first meeting in October of the Council will also be on a Wednesday, as it is tonight, because there will be run offs in the County election. Our Code provides that we do not meet on days that there are County and National elections. The same thing will happen the first meeting in November. public Hearing, Thursday, September 6 City Manager Cheney suggested the Council may want to add the beginning of some workshop time to the Utilities' budget and the Golf Course's budget. At the meeting, he said he would have material for the Council relative to a response from the last workshops they had and suggestions of what they might do from now on. As part of the meeting, the Council will adopt a Resolution which sets another tenative millage. The Council will also hear first readings of two Ordinances required by the City' _ s Charter and a Resolution required by the State. On September 24th, the Council will have another hearing and adopt the final millage for the coming year. Pedestrian Award C~ty Manager Cheney read a note he received from Police Chief Hamilton about an award presented to the Police Department on August 15, 1984 by the American Automobile A~sociation fo~ their outstanding ~pedestrian accident record for the year 1983. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 The City started selling beach decals for the coming year yesterday (September 4). Golf Permits As far as golf course specifics are concerned, City Manager ~heney said the Council will receive re orts ever . · P y 13 weeks There will be four.13 week periods throughout the year and the reports will give a comparison from now and on into future years. The City took in $97,000 plus the sale of a number of rounds of golf, and a variety of things. City Manager Cheney said he will distribute the reports after they have the 13th week completed. Traffic Signal at Seacrest and ~22nd*Avenu~ City Manager Cheney believed this signal went into operation this morning (September 5). Appointment of Police Chief City Manager Cheney read a memorandum'announcing the selec- tion of Captain Edward G. Hillery, Jr. to the position of Police Chief, subject to confirmation by the City Council. The appointment would tame effect upon the retirement of Chief William Hamilton on October 19, 1984. Counci_l~n~ Warnke moved that the Council concur with the selection _O~.ca~ptain Edward G. Hillery, Jr. for the position of Police chief, vice Mayor Ferrell seconded the motion. Motion c~rried 4-0. There was applause for Captain Hillery, who was in the audience. pUBLIC AUDIENCE Light at ~2~*and Seacrest Morton Goldstein, 130 N. E. 26th Avenue, Boynton Beach, thanked the Council for their efforts in putting the light in. Widening of Seacrest Boulevard Mr. Goldstein asked City Manager Cheney if the City had any c~mmunication from the County on this. City Manager Cheney ~tated it is being designed but as far as construction, it is a funding question. He informed Mr. Goldstein that Mrs. Henrietta Solomon went to the County Commission Meeting to speak in favor of the widening. The Council prepared * Corrected, see minutes of 9/19/84 - 3 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 another letter to the County Commission, which was signed by the Mayor, and contained copies of all of the previous Resolutions the City wrote to the County. The letter went out, with copies to all of the County Commissioners and the County Engineer. A copy was also provided to Mrs. Solomon to use when she is before the Commission. City Manager Cheney said the widening of Seacrest depends on what the County Commission can do with funds. The funds for the construction of Seacrest have never been budgeted. Median Strip on Seacrest Boulevard When the widening of Seacrest happens, Mr. Goldstein wanted to go on record of being in favor of a median strip because he believes it will be a safety factor, will control traffic, and beautify the area. The measurements he took show there is sufficient room there. Mr. Goldstein referred to a street in Boca Raton. In the Resolutions, City Manager Cheney said the City urged the County Commission to ask the County staff to include a median in the design. In Mr. Cheney's judgment, the County staff worked hard to make that feasible, but they pointed out design standards have changed and convinced the City that there is not enough room to safely put in a median. There will be a lot of demand for "U" turns for people who live on Seacrest. The width is not there for that. Some time ago, this was discussed with Council, and City Manager Cheney recalled the Council agreed that was not some- thing they would continue to hold the Commission to. He thought they convinced the County to have a five lane road (four lane road and a middle left turn lane). Mr. Goldstein referred to the little children on that street and was concerned about their safety. He suggested perhaps people would be willing to go 1/2 block down to make a turn if it would enhance the safety of their children. City Manager Cheney pointed out if you do not build a roadway according to a standard design, there can be all kinds of l~ability on the part of the City and County when something happens. Beach Mr. Ben Uleck, 1507 S. W. 17th Avenue, Boynton Beach, asked when the beach will be completed. As he said before, City Manager Cheney said the beach will not be completed on September 10 and he did not know when it would be completed; - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Mr. Uleck referred to city Manager Cheney giving the contractor two days' grace. City Manager Cheney explained this was because of bad weather and change orders which required different work, so the project was extended until September 10. Mx. Uleck asked what change orders the city had. City Manager replied there was additional boardwalk work, a fence, additional landscaping, changes in the telephone system, and o~her things. When the Council approved the change orders, the added dates were approved at the same time. Mr. Uleck questioned when the penalty clause would come into effect. Unless there is a change, City Manager Cheney said it would be September 10. He did not remember the penalty clause but thought it was probably $100 a day. Mr. Uleck admitted it is a beautiful beach but thought a lot of unnecessary things were there. He interviewed a lot of residents and taxpayers at the beach, and they could not see Why there has to be a playground. City Manager Cheney commented that the beach plan was a part of all of the public discussions and presentations made. He made about 30 presentations around the City before the bond issue and vividly recalled showing pictures of the picnic area. City Manager Cheney recollected when he spoke to predominantly Seni6r Citizens, there was a strong indication the plan should lnclude an area fo children to play. He pointed out it is also a family picnic area and children deserve and need a place to play. ~ity Manager Cheney added that the plan had been discussed ~hroughout the city on numerous occasions, and the City received only praise for everything included in the plan. Now it is too late to take those things out. They were put in according to a plan which was approved by the City Council. Mr. Uleck asked how many sitting places there were. He recalled there used to be a sidewalk with one every 100 feet. Now there are only six with no canopies on top of them where there used to be at least 12. Mr. Uleck also said a Senior itizen has to go almost 1/2 mile out of his way to get down o the beach with the boardwalks going down. City Manager Cheney reiterated that he discussed and explained all of those things; articles were in the paper over and over  gain, and the people should have gone to the meetings of heir clubhouses, Associations, and the City Council. Mr. Uleck repeated that the citizens of this City are very disappointed with the beach. He asked how many cars can - 5 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 park there now. city Manager Cheney replied, "The same as before." He reminded Mr. Uleck it has been pointed out many times that the beach is in the Town of Ocean Ridge, and Ocean Ridge would not allow the city to put any additional parking spaces on the beach. Councilman Warnke added there is nothing the Council can do about it. If Mr. Uleck had suggestions, Councilman Wright thought he should attend a meeting of the Parks and Recreation Board. Mr. Uleck also called attention to only two shower stalls in both the Ladies and Men's rooms. Mr. Uleck wanted to be sure the City gets $100 a day after September 10. City Manager Cheney said the City will not collect the liquidated damages as of September 10. When the project is over and the City comes to final payment, they will review it (with the Council's approval) and will recom- mend withholding an amount of money equal to whatever the liquidated damage is per day for a number of days to get substantial completion. City Manager Cheney predicted that the contractor will protest the payment the City withholds, f?rce the city to arbitration under the contract, and the City will go through an arbitration panel and argue before the panel. Th~ final decision on liquidated damages will be ~ade by an arbitration panel. City Manager Cheney hoped the contractor would not take that position and will agree to liquidated damages. Mr. Uleck advised that the City should withhold the Contractor's m~nthly draw. Mayor Zimmerman did not believe Mr. Uleck should be disputing the City Manager's word. He said the City has a plan that in the eyes of many is a good plan. The contract is based on that plan, and the Council will see that it is carried out. Mr. Uleck stated that he was speaking for many Senior Citizens of Boynton Beach. Mayor Zimmerman announced that if anyone wanted to speak on any item on the Agenda, they could give their name to the City Clerk and would be permitted to speak when that item comes up. CONSENT AGENDA A. Bids None. - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 B. Resolutions Proposed Resolution No. 84-000 Re: Releasing the Performance Bond for Waterchase "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELEASING THE PERFORMANCE BOND FOR WATERCHASE." Proposed Resolution No. 84-PPP Re: Designating the Chairman and Secretary of the Firemen's Pension Fund to sign checks and other documents "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE APPROPRIATE OFFICIALS TO BE AUTHORIZED AND EMPOWERED TO SIGN AND ISSUE CHECKS AND OTHER RELATED DOCUMENTS FOR THE FIREMEN'S RELIEF AND PENSION TRUST FUND OF THE CITY, AS SET FORTH IN CHAPTER 175, FLORIDA STATUTES; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Proposed Resolution No. 84-QQQ Re: Fireman's Pension Fund "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE INVESTMENT ADVISORY SERVICE AGREEMENT BETWEEN FLORIDA COAST MIDLANTIC TRUST COMPANY, N.A. AND THE BOARD OF TRUSTEES OF THE BOYNTON BEACH FIREMAN'S PENSION FUND OF THE CITY OF BOYNTON BEACH, FLORIDA" Proposed Resolution No. 84-RRR Re: Industrial Development Bond - Poly Plastic Packaging Company, Inc. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND POLY PLASTIC PACKAGING COMPANY, INC. AND PROVIDING AN EFFECTIVE DATE." Approve Budget Transfer Request to provide funds for Railroad Crossinq Signs The City Manager submitted this request dated 8/29/84. Approve Request for Refund - Cemetery Lots 661 A & B, Block 0 - 7 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Arnold Fasano and Matilda Fasano requested a refund of the purchase price less 20% ($350 - 70 = $280). E· Approve request for zoning approval for alcoholic beverage licenses Rine's Grocery 404 N. E. 10th Avenue Boynton Beach, Fi. Mr. Bert Keehr, Deputy Building Official, noted zoning per- mits the sale of beer and wine for consumption off premises and in conjunction with a grocery store. The '67' Liquor Shop, Inc., d/b/a J. W.'s Pub 1550 N. Federal Hwy., Suites 1 & 2 Boynton Beach, Fl. Mr. Bert Keehr, Deputy Building Official, noted zoning per- mits the sale of beer, wine, and liquor for consumption on premises. Approve Write Off of Receivables - Utility Fund and returned checks With his memo of August 30, Mr. Grady W. Swann, Director of Finance, submitted a list of receivables and returned checks that are most likely uncollectible and asked for approval to write them off. G. Approve purchase of New Card Catalog - Library William Sullivan, Purchasing Director, recommended the Council accept the findings of Virginia Farace, Library Director, and purchase this unit from Gaylord in the amount of $2,090. H. Authorize expenditure of funds for Analysis of Well ~10 City Manager Cheney requested up to $2,500 to employ Alsay- Pippin and Greiner's A-1 TV to work with the City Staff for the purpose of identifying the solution to this problem. I. Approval of Bills See list attached including two additions. Councilman Wright moved the adoption of the Consent Agenda with the additional bills presented, seconded by Vice Mayor Ferrell. Motion carried 4-0. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 BIDS None. PUBLIC HEARING - 8:00 P. M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS None. DEVELOPMENT PLANS Approve request to construct a skylight, 25 feet high, with a maximum height of 60 feet above grade on Burdines at Boynton Beach Mall, 801 N. Congress Avenue. This Site Plan Modification was submitted by Mike Greer and Charles O'Brien for Burdines ........... TABLED Councilman Wright moved to remove this item from the table, seconded by Vice Mayor Ferrell. Motion carried 4-0. Mr. Harold Robinson, Vice President of Store Planning, Burdines, told the Council they were back with the same pro- p~sal they presented at the last Council meeting. As they s~ated the last time, Mr. Robinson felt they met the require- ments of the Zoning Ordinance in asking for a less than five feet height exception above the height limitation for the functional aspects of the skylight. ME. Robinson explained to Vice Mayor Ferrell that the sky- light itself is less than 25 feet from the roof of the build- i~g. The height limitation is 45 feet. The portion of the skYlight that exceeds the height limitation is less than 15 feet. Vice Mayor Ferrell questioned what the function of that por- tion of the skylight is. Mr. Scott Braley, Architect, replied it has the same functions as the rest of the skylight. Rather than go into detail, Mr. Braley touched on the high- lights. The skylight covers the prime area and allows natural light to come in. It has mechanical aspects, venti- lation, and heat dissipation. Finally, it is not a habitable space. The problem Vice Mayor Ferrell had was the functional necessity of it versus the architectural necessity. He still could not see where it would hurt the building if ~he skylight was not there. Mr. Braley passed out diagrams to Vice Mayor Ferrell and explained the above functions. He said the function of draw- ing the attention of people from Congress Avenue and letting - 9 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 them know Burdines is there is eliminated because the sky- light has been reduced significantly. However, it can be seen from the parking lot. Mr. Braley stated the skylight is functional from a structural standpoint. It helps with cooling and heat dissipation. If the skylight were constructed only slightly above the roof line, the heat would build up. It is not functioning as housing material or for people. As Burdines pointed out at the last meeting, Mr. Braley reiterated that Burdines guaranteed they would never put anything in the skylight such as a mezzanine. By reducing the height of the skylight, Mr. Robinson said it would make the skylight less of a mechanically function- ing space, which is what it was designed for, in addition to bringing lighting into the store. Any lowering of it would be detrimental to the functioning aspect of the skylight as far as heating, air-conditioning, and the structural shape of it. Ben Uleck, 1507 S. W. 17th Avenue, Boynton Beach, reminded the Council that the taxpayers voted for a 45 foot limit. The taxpayers were not concerned with functions but with 45 feet. Mr. Uleck hoped the Council realized this. Mr. Uleck was disappointed with the City Planner and the Planning and Zoning Board because they should have told Burdines there is a 45 foot limitation. Mr. Uleck stated he would accept an elevator room but domes, skylights, and mechanical rooms are a building, and 70% to 80% of the people would back him on this. He thought Burdines should have designed their building to 45 feet. Before you know it, Mr. Uleck said Boynton Beach will have skyscrapers and be like Miami Beach. Speaking for the majority of people, Mr. Uleck stressed that they want Boynton Beach to be 45 feet. Mayor zimmerman advised that the referendum was 45 feet and an additional height for church steeples, etc. was left to the discretion of the Council. Mr. Uleck argued that Mayor Zimmerman was wrong. Councilman Wright read from the referendum, "and exception procedures relating to mechanical structures, elevator shafts, church spires, and air condition- ing units. . ." and stated that was on the ballot. Ralph H. Marchese, 1901 Roma Way, Boynton Beach, spoke against this because this was put to the people in the referendum. He said the Council should not go above 45 feet. - 10 - REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Mr. Marchese was adamant in saying this City is not run by the Planning and Zoning Board or the Planning Department. Mayor Zimmerman requested Mr. Marchese to direct his remarks to the Council. Mr. Marchese submitted that if the people who want to build here were clearly told the City has limita- tions and allows for mechanical improvements, the developers would not go through the enormous expense of going back and forth. He said this was not a mechanical improvement. Mayor Zimmerman referred to Macy's and repeated that the Council has the right to allow for these various things. Vice Mayor Ferrell said each case had to be looked at individually, and he disagreed with Mr. Uleck when Mr. Uleck said nothing could ever go more than 45 feet. Vice Mayor Ferrell said there are exceptions, and the people did vote for the right to make an exception in particular cases. There is some room for a variance to be allowed on an indi- vidual basis. Personally, Vice Mayor Ferrell did not think the skylight in this case was a necessity. City Manager Cheney made it clear that there should be no question in anybody's mind that the staff very clearly tells developers it is 45 feet, and staff told Burdines. Under our Ordinances, Burdines had the right to ask for a variance, and city Manager Cheney explained. He did not want any misunderstandings that this is not clear to developers. When Councilman Warnke ran for Council, he made it clear to the voters that he would never vote for a height exception over 45 feet. When he first got on the Council, he made a mistake of voting for Macy's. He moved that the request to construct a skylight 25 feet higher than the maximum height of 60 feet above grade on Burdines be denied. Vice Mayor Ferrell seconded the motion because he could not see when you have a building that is only 35 feet high, why it would be a necessity to go 60 feet for something that did not have to be there. A vote was taken on the motion, and City Attorney Vance advised the motion was denied, not lost, by the 2-2 vote. Councilman Warnke and V~yor Ferrell voted for the motion to deny the request, and Mayor Zimmerman and Councilman Wright voted against the motion. City Attorney Vance added that the item still exists. ouncilman Wright moved to table it and thought maybe urdines would like a recommendation since the height excep- tion was the only thing the Council needed to approve. - 11 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 City Manager Cheney explained that the skylight is not allowed now because they need an affirmative vote to allow it so, in essence, Burdines cannot proceed with the skylight because no positive action was taken on it. At the moment, Burdines sits with no approval over 45 feet. Perhaps it would have been clearer if the motion had gone the other way, but City Attorney Vance clarified that Burdines literally had no approval, so they cannot go ahead with anything over 45 feet. M~. Robinson was very confused because in the Zoning O~dinance and from what they were told by staff, the Zoning O~dinance says church spires, domes, and cupolas (usually an item put on a roof which is a ventilator). Mr. Robinson ~ld the Council a cupola is a Colonial type ventilator, and mis is very similar to a cupola type structure. Burdines' ~gineers, who are Structural, Mechanical Engineers say the kylight needs to be this height. Mr. Robinson stated that ny design that is to function at that height as a cupola ~pe ventilating structure is allowed as an exception under ne Zoning Ordinance, and it is written right there. ~r. Robinson referred to a cooling tower which the Council approved two weeks ago which was above 45 feet and said most any Engineer or Architect would tell you a cooling tower ~ould be built on the ground. Mr. Robinson felt like Burdines was being singled out. Frankly, he did 9ot under- stand why Council could not understand that this is a functioning cupola as well as a skylight. Professional, licensed Engineers who design these types of structures have esigned it as a functioning cupola ventilator with mechanical ~quipment in the top of it to ventilate the building. If the CoUncil could approve the cooling tower, Mr. Robinson asked Why they could not approve something of this nature. Councilman Warnke understood the functions and aesthetics of the skylight, but 5,000 voters told him not to vote for it. Mr. Robinson informed Mayor Zimmerman that Burdines has sky- lights in their stores. All of their buildings are different. Attorney Vance advised this is one of the permitted exceptions. However, Section 3 lists nine criteria,~ and one criteria is whether the height exception is necessary and says it shall be considered by the Council. Vice Mayor Ferrell asked Mr. Robinson if it was a necessity. Mr. Robinson replied, "No." If it was not there, Vice Mayor Ferrell asked if the building would fall down. Mr. Robinson - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 answered, "No." He again referred to the cooling tower and Macy's. Mr. Robinson told Vice Mayor Ferrell the plan they were presenting was not the same plan but had been significantly reduced and is down to a height where it has become functionally minimal. Mr. Robinson was debating that the Ordinance was written for a purpose, and it seemed to be there was a need for some consistency in the approval of those exceptions. Vice Mayor Ferrell thought the reason for the Ordinance was to limit buildings to four stories and if they have to go a few feet over, it is because it is a necessity. He did not think it was right for Burdines to want to go over the height limitation with something that is not a necessity when they are already 11 feet under. Mayor Zimmerman stated that action had been taken, and the next procedure would be for Burdines to present plans to the Planning Department and present them at a later time. Mr. Robinson said they were prepared to consider reducing it somewhat beyond what they presented tonight if the Council would be willing to listen. It would be a compromise and in line with the kind of height exceptions that have been passed by the Council in the past. There was discussion. Mr. Robinson clarified that it amounted to reducing this another 6-1/2 feet. It would be 8'6" above the 45 feet. There was more discussion. Mr. Robinson said the problem was Burdines has to make a decision on this, as it could affect the schedule of the building. After more discussion, he asked if the definition and ~equirements of mechanical space applied just because th~s.~s a skylight. Mr. Robinson asked, "Who can you rely on bUt an engineer to make that kind of decision?" He won- dered if they needed an independent Engineer to say it was designed properly or had to be designed this way. Councilman Warnke was relying on the voters. Mr. Scott Braley, Architect, wanted to clarify that the variance that passed 4-0 at the last Council meeting was for nine feet. It was a mechanical device, and it passed with the people who were on the Council tonight. If that precedent was established, Mr. Braley said Burdines could work to that n~mber. There were some comments by Members of Council. City Attorney Vance did not think there was a number that the Council had. He advised this is an Ordinance that requires individual consideration of each applicant. - 13 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 As a general rule, Mayor zimmerman said the nine feet they thought of last week as being the limit was on mostly mechanical. City Manager Cheney stated that some of the discussion of nine feet was in a memorandum written to the Mayor and Council by Councilman Nick Cassandra after the last Council meeting. Ken Clifford came forward and reminded the Council he was the individual who heard very clearly from all of the Members that Burdines original concept was too high. He clarified that Burdines did come back with a compromise plan. Be Approve the Children's Center conditional use request submitted by Barbara Alterman (Postponed from July 17, 1984 City Council Meeting) Mr. Carmen Annunziato, City Planner, said two months ago there was a request for a child care center at N. W. 1st Avenue. At that time, he did not think anyone found much fault with the use, but concern was raised with respect to the access onto 1st Avenue. At that point, the applicant was instructed to go back and modify the plans and resubmit them, which the applicant did. In the interim, the applicant found her partner would not agree to join in with the project if the access was forced to come out of N. W. 1st Avenue and put onto N. W. 8th Street. Therefore, the applicant was requesting the Council to address the original plan. In othe~ words, Mayor Zimmerman said the entrances had not been changed. It was noted that the applicant, Mrs. Barbara Alterman, was in the audience. Mr. Annunziato explained that the applicant had presented a modified plan to staff, which was to be presented to the Council. However, the applicant requested that they not present that plan but that Council should address its decision to the original proposed plan. Mr. Norman Barker, 730 N. W. 1st Avenue, understood at the previous Council meeting that the plan was to be redesigned. He did not see why they were addressing it again. City Manager Cheney explained that the issue was put in abeyance and the applicant was asked to redesign the plan. Councilman Wright recalled there were several things they were considering in terms of the size of the facility, the number of children they needed to serve, etc. Mr. Barker - 14- REGULAR CITY COUNCIL MEETING BOYNTON BEACh, FLORIDA SEPTEMBER 5, 1984 also thought they were talking about where the dumpsters would be and where the children would be dropped off. He said a number of things were involved, not just the entrance and exit. Mr. Barker confirmed Mayor Zimmerman was correct in thinking he (Mr. Barker) .was not in agreement with the plan. Mr. Barker told Councilman Wright he lives across the street from where the child care center would be, and John Martin, 736 N. W. 1st Avenue, has the house next to him. Mayor Zi~merman informed Mr. Barker that the Council had a letter from Mr. Martin. Mr. Barker stated that he and Mr. Martin would not be in favor of the entrance as it stands. Councilman Wright remembered that the Planning and Zoning Board recommended approval of the plan as submitted before, but there was something about the traffic. Mr. Annunziato advised that the plan was recommended for approval by the Planning and Zoning Board, subject to staff comments. Vice Mayor Ferrell moved to deny the conditional use, based on the present plan. Councilman Warnke seconded the motion, and the motion carried 3-1 with Councilman Wright voting against the motion. Approve request submitted by James Holland, agent for Lennar Corporation, developer of the Boynton Lakes PUD proposing ~o construct cable television facilities in the southeast corner of the PUD Mr. Carmen Annunziato, City Planner, said his comments would be limited to the location of the proposed television facilities, which will be located in the Southeast corner of the Boynton Lakes Planned unit Development and Lake Worth Drainage District's Canals E-4 and L-20. This was the sub- ject of a master plan modification, and no substantial change was noted ky the Council. It was subsequently approved by th~ Planning and Zoning Board and is the subject of site plan review and a height exception. The applicant was requesting to construct a 60 foot tower. Mr. James Holland, Lennar Corporation, 700 N. W. 107th Avenue, Miami, Florida, said the height exception is simply for a TV antenna. They addressed the nine criteria with respect to the impact of the proposed antenna. The question raised before with much debate was the necessity of the height exception itself. Mr. Holland said their technical people, in conjunction with various Consultants, weighed the signal strengths from the Miami stations at levels of 40, - 15 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 50, and 60 feet to determine what height would be appropri- ate, and it was found that the 60 foot height is needed to bring in Miami channels with an "A" quality. Channel 6 would be a "B" quality. Mr. Holland said the site itself is located in a most remote corner of the PUD. The E-4 Canal is on the east and the L-20 is on the south. It is on a private street and is across the street from common open space. The residents are very much in favor of this and desirous of receiving cable TV service. Councilman Warnke told of having an antenna 6 feet above his roof and getting all of these channels, including Channel 6, which is going to increase its power. Mr. Holland said it was explained to him that when it is a direct feed from an antenna into a TV set, the signal strength is not altered in any way. However, when it comes through the electronic equipment with a number of amplifiers, every time an apparatus is added to the system, the strength is weakened. He further explained about distance and Channel 6. Mayor Zimmerman recalled that a month or so ago, they passed am Ordinance on the height of antennas. Mr. Annunziato said there was a maximum of 60 feet with base, tower, and receiving antenna. That was eliminated to require above 45 feet to come before Council. City Attorney Vance believed the rationale Was if you had the stated amount of feet in there, everybody would go for it. The Council decided to remove the maximum of 60 feet, leave it open, and let them come in for an exception to the additional height. Councilman Wright moved to approve the request, seconded by Vice Mayor Ferrei1. Motion carried 3-1 with Councilman Warnke voting &gainst the motion. De Approve Catalina Club PUD Master Plan Modification finding of no substantial change Mr. Carmen Annunziato, City Planner, said this was formerly known as Congress Lakes PUD. There is a purchaser of the Planned Unit Development north of 22nd Avenue and a contract purchaser for that portion south of 22nd Avenue. Mr. Annunziato said he would address his comments primarily to the northern half. The applicant is requesting a master plan modification with the concurrence of the Riteco Development Corporation. Mr. Annunziato read the five modifications requested from his Memorandum of September 4. - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 With reference to the project phasing (~2), Mr. Annunziato said there will be a new phase north of 22nd Avenue where the properties south of 22nd Avenue are changed. As to ~3, the developer is requesting that some 328 of the units be constructed for rental with an option to either construct rental or condo on the remaining 195 units, which are on the northeast corner of the property. Mr. Annunziato read the last paragraph from page one of his Memorandum, the staff comments from the Technical Review Board, and the memo from the Utilities Department. Mr. John Glyman, Planner, Metro Development Corporation, found in preparing the plans and discussions with Mr. Annunziato, there were some differences between parking regu- lations in the PUD Ordinance and the Zoning Code. They are prepared and committed to live with two parking spaces per dwelling area. He pointed out that within Phase 1, of the 328 apartments, better than 50% of those will be one bed- room un~ts. Specific language in the Zoning 0 d~nance allows for a slight reduction of parking spaces for one bedroom units. In terms of the overall project, Mr. Glyman said they were prepared to provide 656 parking spaces. However, using the Zoning Ordinance parking requirements, they could reduce that number to 602. It is their feeling 602 would be more than adequate. Secondly, it would also take approximately 1/2 out of asphalt and put it back into green space. If the Council finds no substantial change, Councilman Warnke asked if it still has to go back to the Planning and Zoning Board. City Attorney Vance advised that the matter of the reduction in parking is not before the Council right now in making a determination of no substantial change. Councilman Wright was told this is the property west of Motorola, across the street and north. Vice Mayor Ferrell moved to find no substantial change and approve the plans subject to staff comments. Councilman Warnke seconded the motion, and the motion carried 4-0. Em Consider approval of First Financial Plaza height exception request Mr. Annunziat0 said the applicant was present to answer questions. - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Thomas K. Wasserman, Limited Partner of Edward D. Jones & Co., Members of the New York Stock Exchange, First Financial Plaza, 639 East Ocean Avenue, Suite 405, Boynton Beach, thought this would give a far reaching, new technological advance in the brokerage field whereby they will transmit live television information to each of their 735 offices throughout 33 States. If he does not have the satellite receiving dish, Mr. Wasserman said his office cannot compete in a competitive way. Also, he will be unable to deliver some very advanced method of disseminating financial informa- tion to the community. William E. Rawson, Bill's Antenna Service, 818 S. E. 1st Street, Boynton Beach said he is licensed for antennas and tower installations. The height they were asking for was mechanically six feet, which would not be the height of the finished product but was the maximum height the dish would move to. The building at that point right now is 48'4" to the top. When Mr. Rawson moves the dish to the functioning position, the maximum height of the antenna will be within inches of that. Also, it will be covered by four feet of facia. Mr. Rawson told the Council the dish itself is only eight feet in diameter. Four feet will be seen from the streets; however, it will be centered 23 feet to the center of the building so it probably will not be seen. When they put the dish in the position to receive the satellite Mr. Wasserman requires, Mr. Rawson said it will be at 48 feet. He informed Councilman Warnke the maximum height the antenna could possibly reach is 50'10" but it will not be in that position. It will be on an axis, and when it rotates back, it shortens the height of the antenna. Councilman Warnke recalled there is an elevator in the building and asked how high the shaft is. Mr. Rawson said the elevator shaft is 6 feet and the dish will be behind and to the east of the shaft. Councilman Warnke determined the dish would only be an extra 1~ feet above the shaft. Mr. Ben Uleck, 1504 S. W. 17th Avenue, Boynton Beach, referred ~o the way item C, under "VIII, DEVELOPMENT PLANS", appeared on the agenda and asked why they did not put 60 feet there. It just said "cable television facilities," and that was why he did not get up and speak. As long as the Council passed "C", he said they may as well give it to "E" (this request). If this is the rule, Mr. Uleck told the Council they are violating the citizens' vote of 45 feet. Vice Mayor Ferrell - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 disagreed, saying the Ordinance allows for variances, taking each individual case into consideration. Mr. Uleck was given a card showing what was on the referendum. He apolo- gized but added the residents thought it was 45 feet. Councilman Wright moved to approve the height exception, seconded by Vice Mayor Ferrell. Motion carried 3-1 with Councilman Warnke voting against the motion. Fo Consider approval of Forum Shoppes height exception request Mr. Annunziato said Forum Shoppes is requesting approxi- mately a three foot height exception to the previously approved office building for mechanical purposes, which is consistent with Section 4-F of the Zoning Code. The office is located on Ocean Drive, east of Congress Avenue. Craig Livingston, Architect, Siteworks, Inc., Boynton Beach, said they were requesting the height exception to accommodate air-conditioning equipment which will be located on top of the building to decrease the amount of noise that would be generated by the equipment. They are also locating their elevator shaft, which will be approximately two feet above the building height, and are trying to screen the mechanical equipment so it will not be seen from Leisureville or Congress Avenue. Mr. Ralph Marchese, 1901 Roma Way, asked how many feet that was above the ground. Mr. Livingston replied that the build- ing height is 45 feet, and the mechanical equipment will be 3 feet, making a total of 48 feet. When the applicant came to the Council before, Councilman Wright recalled that the Council asked the applicant to arrange a meeting with the citizens of Leisureville. Mayor Zimmerman confirmed that the meeting is tentatively set for the middle of October. Mr. Ben Uleck, 1504 S. W. 17th Avenue, said this was a part of the structure of a building. He asked the Council where they are going to stop. Mr. Uleck could see the elevator shaft but not a mechanical room for air-conditioning. Vice Mayor Ferrell Called attention to the fact that the Ordinance says it is allowed. He asked Mr. Uleck if he wbuld prefer to see the mechanical equipment on the ground where he could hear it or on the roof. There was argument. Councilman Wright moved to approve the request, seconded by Councilman ~arnke. Motion carried 4-0. - 19 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Boynton Beach Park of Commerce/Notice of Sufficiency - Set Date for Public Hearing - DRI (Development of Regional Impact) City Manager Cheney informed Mayor Zimmerman that the date of November 8, 1984 at 7:30 P. M. in the Council Chambers had been established. This is the project that basically is on both sides of N. W. 22nd Avenue east of Motorola on the south side and almost all of the land on the north side, except for the corner on Congress, east to High Ridge Road. With tonight's action, City Manager Cheney said they are starting the process of the review of that large DRI project. The first significant meeting is of the Treasure Coast Regional Planning Council in Stuart on September 21st. The City Council here is the final approval of the develop- ment of it. The same thing happened with Motorola. The City gets input from everbybody. By the time the City gets to the hearing on the 21st, Mr. Cheney said the City will receive a report from the Regional Planning Council, who receives reports from all the other agencies, which is proper under these large developments for regional impacts. COuncilman Warnke moved to set November 8, 1984 at 7:30 P.M. in the Council Chambers as the date, time, and place for the DRI Public Hearing. Vice Mayor Ferrell seconded the motion, and the motion carried 4-0. Approve request for determination of no substantial change by Irving Jablon for Cherry Walk, Inc. (formerly Lakes of Tara Planned unit Development). Mr. Jablon is requesting a change in recreational amenities as follows: Reduction of the pool size from approximately 1300 square feet to 20 feet by 40 feet with the additional area being added to deck space. Elimination of a recreation building and substitution of a 336 square foot pavilion. Mr. Annunziato informed the Council that the applicant received no credit for recreation and parks dedication. He paid the fee, and the recreation provided on site is in addition to what he would be required to put on the site. The Technical Review Board recommended that the Council find no substantial change. It will go to the Planning and Zoning Board at their next meeting if the Council determines there is no substantial change. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Albin M. Kozikowski, 2521 S. W. llth Court, Boynton Beach, the new contractor at Cherry Walk Homes, designed the recreation area. Previously, they did not have a design and he was just asking for approval of this. Mayor Zimmerman said the Council was to decide only if this was a major change or not. Vice Mayor Ferrell moved to approve the request for deter- mination of no substantial change, seconded by Councilman Warnke. Motion carried 4-0. THE COUNCIL TOOK A BREAK AT 9:30 P. M. The Meeting resumed at 9:45 P. M. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 84-34 Re: Amendment to Ordinance No. 83-40 for extending the Building Moratorium in the Community Redevelopment Area Attorney Vance read proposed Ordinance No. 84-34 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING oRDINANCE NO. 83-40 BY EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES WITHIN THE DOWNTOWN BUSINESS DISTRICT OF THE CITY; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Mayor Zimmerman ascertained no one wished to speak in favor or against the proposed Ordinance and declared the public hearing closed. Councilman Wright moved the adoption of proposed Ordinance No. 84-34 on second and final reading, seconded by Council- man Warnke. No discussion. Mrs. Kruse took a roll call vote on the motion as follows: Vice Mayor Ferrell Councilman Warnke Councilman Wright Mayor Zimmerman Aye Aye Aye Aye Motion carried 4-0. - 21 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Ordinances - 1st Reading: Proposed Ordinance No. 84-35 Re: Rezoning Lake Boynton Estates West City Attorney Vance read proposed Ordinance No. 84-35 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM REC (RECREATION DISTRICT) TO R-1-A (SINGLE- FAMILY RESIDENTIAL DISTRICT), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CON- FLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Warnke moved the adoption of proposed Ordinance No. 84-35, seconded by Vice Mayor Ferrell. A roll call vote was taken by Mrs. Kruse, as follows: Councilman Warnke Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 84-36 Re: Adopting Revised Building Permit Fees City Attorney Vance read proposed Ordinance No. 84-36 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5.2 SUB- SECTION 107.4, SECTION 5.2 SUBSECTION 825.3, SEC- TION 22.2 SUBSECTION 106.3, AND SECTION 9-36 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA RELATIVE TO BUILDING CONSTRUCTION FEES; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman Wright moved the adoption of proposed Ordinance No. 84-36, seconded by Vice Mayor Ferrell. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 City Manager Cheney said this tied in with what he proposed to the Council at the last Council meeting in response to Councilman Cassandra's suggestion that they look into the possibility of some additional income from building fees and also develop a simplified building fee system. City Manager Cheney stated they think it will be easier for individuals to pay one fee instead of several when they come in to build a building. City Manager Cheney informed the Council there may be some minor changes in the Ordinance when Edgar "Bud" Howell, Building Official, gets back in town. He thought the wording was like Mr. Howell recommended. Mr. Cheney said they will also begin to get equity in the system. Right now, they find the big buildings have been paying a small amount, and residential buildings have been paying a larger amount, and he explained. City Manager Cheney thought there would be somewhere around $180,000 in increased revenue next year. Vice Mayor Ferrell moved the adoption of proposed Ordinance No. 84-36, seconded by Councilman Warnke. Mrs. Kruse took a roll call vote on the motion: Councilman Warnke Councilman Wright Mayor Zimmerman Vice Mayor Ferrell Aye Aye Aye Aye Motion carried 4-0. Resolutions Proposed Resolution No. 84-SSS Re: Authorizing the execution of a "Contract to Establish Cooperative Authority for Library Automation" City Attorney Vance read proposed Resolution No. 84-SSS by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A 'CONTRACT TO ESTABLISH COOPERATIVE AUTHORITY FOR LIBRARY AUTOMATION' BETWEEN THE CITY OF WEST PALM BEACH, THE CITY OF BOYNTON BEACH, AND THE DELRAY BEACH PUBLIC LIBRARY ASSN., INC. TO PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF COOPERATIVE AUTOMATED LIBRARY SERVICES FOR THE MUTUAL ADVANTAGE OF THE RESIDENTS OF THE CITIES; AND FOR OTHER PURPOSES." - 23- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 City Manager Cheney called attention to Virginia Farace, Library DirectOr, and Leslie Strickland, Library Director from Delray Beach, who were in the audience. He said Mrs. Farace has been pushing this for three years. The City of West Palm Beach approved it two weeks ago at their meeting. It is a far reaching opportunity to have the three cities cooperate and fUnd it. The central system will be in our library, and it will benefit us. Mrs. Farace stated that the staff has been looking forward to the project for three years, and they are ready to go. There was applause. Vice Mayor Ferrell moved to adopt proposed Resolution No. 84-SSS, seconded by Councilman Warnke. Motion carried 4-0. Proposed Resolution No. 84-TTT Re: Refund Golf Bond Issue City Attorney Vance called attention to the blank lines and said all of the lines indicating the amount of the issue should be filled in with $4,000,000. City Attorney Vance read proposed Resolution No. 84-TTT by title: "A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEED- ING $4,000,000 RECREATIONAL FACILITIES REVENUE BONDS OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE PUR- POSE OF PROVIDING FUNDS FOR PAYING THE COST OF REFUND- ING THE OUTSTANDING $4,000,000 RECREATIONAL FACILITIES REVENUE BONDS, SERIES 1982, DATED SEPTEMBER 1, 1982; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM THE GROSS REVENUES OF SAID GOLF COURSE AND UNDER CERTAIN CIRCUMSTANCES FROM PUBLIC SERVICE TAXES; DESCRIBING THE TERMS, SECURITY AND OTHER PROVISISIONS OF SUCH BONDS; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS, PRO- VIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." City Manager Cheney referred to his memo of September 5, which summarized two of the reasons this recommendation was made. Although not in the same magnitude, he said it was somewhat similar to the Utilities Bonds the City recently refunded where they saw new bonds issued, and bought "slugs" with that bond~ issue which they set aside to guarantee the first issue. City Manager Cheney said the City is in the position to pay off the second bond issue of no more than $4,000,000. It REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 may be less depending on the market on the day of sale. In addition to the proposal, City Manager Cheney said it has been discussed with MBIA, the insurance company for the first issue, and they are insuring the City again with this issue. It was also discussed with the City's bond counsel in New York and their authorized representatives. If the Council proceeds now with this route, City Manager Cheney said they can do two things. If they do not proceed now and proceed later, some of the advantages will be less. City Manager Cheney said the City can get rid of the need for a Trustee and will be able to make money more easily because Grady Swann, Finance Director, can invest in the City's investment program on a daily basis locally, and the City will not have the Trustee's service charges. Within the last two or three years, the City saved interest payments, and City Manager Cheney stated it is proposed to set those aside in reserve funds. He saw no problem with the golf course being self-supporting, and said the end of this first 1-1/2 years will show it can be. The bond requirements have been set aside for a year of debt service, and City Manager Cheney explained. He said this is an opportunity to get some funds the City can set aside for a rainy day in addition to the one year debt service which has already been set aside. As City Manager Cheney indicated, there are a couple of projects he would like to consider with any excess return from this transaction. For example, if there would be a year of hurricanes and a few months of golf would be lost, the City would have a reserve built in. That is a reason for doing it now and for doing it before November 1. Another thing that was a major issue when the Council did the refunding on the Utilities issue was who the City would use for an underwriter. At that time, they said they would open the selection of a financial advisor for wide participa- tion. In spite of that, City Manager Cheney suggested if the Council wanted to proceed with this issue that they use Arch W. Robert~ & Co. because the people who are now with Arch ~. Roberts & Co. were used on the initial golf course issue, they understand it and can handle the refunding with- in the time period the City is talking about, assuming City A~torney Vance can get a validation hearing by then. Also, the proposal and all the work in coming to the City and saying they could do a refunding on this was totally a~ the initiative and suggestion of Arch W. Roberts & Co. - 25- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 City Manager Cheney thought it was reasonable to proceed with them at this time if the Council goes ahead. If the Council selects a financial advisor in the "wide open system", City Manager Cheney said they will not get it done in time. Under the City Charter of CCNA, City Manager Cheney informed Mayor Warnke this does not apply, and he explained. In reply to a question by Councilman Wright, City Manager Cheney replied that the other companies were not aware of this because this was proposed by Arch W. Roberts & Co. in the last two or three weeks, and nobody else proposed it. There is no time to go and spread it out, and nobody else understands the details of this. He recalled the validations, hearings, and challenges from some folks and attorneys in the City. C~uncilman Warnke wanted Mr. Schneider to give the selling advantage points. Arnold Schneider, Arch W. Roberts & Co., Orlando, Florida, introduced his Associate, Mr. Brian Harris, who is responsible for a lot of their computer work. To summarize the benefits which will accrue to the City, Mr. Schneider said the bottom line is there will be $245,000 of spendable money for reserve that will cost the City nothing, if the Council decides to go forward with this. Mr. Schneider said the bond and debt to the golf course will remain essentially $4,000,000, and Arch W. Roberts & Co. is asking for an authorization of $4,000,000 The annual debt s.~ vice will not be ~mpacted but wall stay at the same level · t is right now throughout the final maturity of the bonds. The reason for doing this by November 1 is it is probably worth another $45,000 to the City if it can be completed in that time frame as opposed to some time subsequent to that. If they miss the November 1 date line and do it by May 1, the next interest payment date, there would be about $45,000 less ($200,000) that the City could spend. Mr. Schneider explained that this was made possible in a large part by the fact that the old issue was sold at 10-7/8% interest. In this plan, they envision calling in those old bonds and issuing new ones at a rate of about 9.9% interest. Half of the outstanding issue is at 10-7/8%, so by taking 1/2 of that ($2,000,000) down by 1%, Mr. Schneider said the Council could see right away where $200,000 of that comes from ~n terms of savings. By being able to recoup their savings today, Mr. Schneider said the City could spend it on golf carts or a reserve against future loss of play because of bad weather. - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Mr. Schneider stated they had some discussions with MBIA, and he thought they were in agreement with the concept. There will not be any cost for the MBIA insurance. They will just apply the insurance to the new issue. With reference to the Trustee, Mr. Schneider said they found recently the money the Trustee has custody of is very much underinvested in today's market, which is costing the City money. By eliminating the Trustee, the City can have direct control under the City Manager and the Director of Finance. Mr. Schneider thought the City could do a better job with their money. Mr. Schneider said it is a complicated transaction but it works because they are going from a higher rate situation to a lower interest rate, which was not available until the last 30 or 40 days. Councilman Warnke asked if Mr. Schneider felt this was the time to put this through, and he referreed to the bond issue. Mr. Schneider said the bond market is very volatile now but because of an AAA rating on that issue, he thought it would sell and would have a better edge on the market over some of the lesser quality issues. Mr. Schneider said they have to watch it on a day by day basis, but he thought the market was stable enough to where the benefits could be realized for a good while, particularly if they do it by November 1. He knew what they could do today but could not say where interest rates Will go in six months. City Manager Cheney told the Council they tried to get MBIA tO eliminate the need for the pledge for utility taxes and could not get them to agree to that. After five years of operation, Mr. Schneider said MBIA can see something on paper. Councilman Warnke asked if the reserve can only be used on the golf course. Mr. Schneider replied, "Absolutely." City Manager Cheney added that the Bond Resolution clearly says it stays with the golf course. Even if the City wants to use the reserve, they cannot use it except for the golf course. It looked to Mayor Zimmerman like the City would get quite a s~m of money for the sale of the bonds. Presently, Mr. SChneider said the City is invested on an average of 10% or less which, considering where the market has been in the last six months, is not really a good deal. It was not the City's fault but dealing with Trustees. All of the issuance costs are incurred by virtue of the same reinvestor, but there will be no operation expense to the City. - 27 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Of course, City Manager added, if the City did not have the Trustee, they would have no guarantee to the bondholders. There was more discussion. Councilman Wright moved to approve proposed Resolution No. 84-TTT, seconded by Vice Mayor Ferrell. Motion carried 4-0. ViceMayor Ferrell moved to approve the execution of the agreement with Arch W. Roberts and Co. for handling the financial planning and refunding of the bonds. Councilman Wright seconded the motion, and the motion carried 4-0. Other: Approve Water Service Agreement - Hypoluxo Shopping Center Councilman Wright moved to approve the agreement, seconded by Vice Mayor Ferrell. No discussion. Motion carried 3-1 with Councilman Warnke voting against the motion. Approve Consulting Contract - Reverse Osmosis Water Treat- ment Research and Development Project City Manager Cheney said the final figure for Post Buckley was $22,154 and Russell & Axon was $9,500, for a total amount of $31,654. City Manager Cheney did not have the two letters he read to the Council last week, but asked that they authorize the beginning of the work and said he would bring the two letters back to the Council. Based on the City Manager's recommendation, Vice Mayor Ferrell moved to go ahead with the contract within the $35,000 the City talked about. Councilman Wright seconded the motion, and the motion carried 4-0. Councilman Warnke asked if this was the first time this has been used in the State. Perry Cessna, Utilities Director, advised it has been used on the West Coast on water more difficult to treat. OLD BUSINESS Anonymous Letters - Requested by Councilman Wright Councilman Wright referred to the last two anonymous letters to the City and suggested that the Council authorize City Manager Cheney to send a letter to the city employees saying the Council does not condone that kind of behavior and would like them to follow the grievance or complaint procedures. Mayor Zimmerman called attention to the fact the letters - 28- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 were anonymous. City Manager Cheney stated Councilman Wright did not know who wrote the letters. In speaking with the press and people in the department, Councilman Wright felt very strongly that present employees did it. He thought the Council slhould put a stop to that kind of foolishness. If it happens again, Vice Mayor Ferrell felt they should do it with that department at that point. The next time, Councilman Wright said he would order an FBI investigation because he thought it was ugly and a message should be sent to somebody. Mayor Zimmerman said the Council iagreed with Councilman Wright but the uncertainty of who did it complicated the problem. If anonymous letters are going to be written, City Manager Cheney said they will be written. Hopefully, you can respond so there will not bela need for that. The City does not pay attention to most anonymous letters, but you will not stop them if there is a motivation there. Mayor Zimmerman thought they should leave it alone for the time being. Three View Drawings and Artist's ~Concept to Show Proposed C~nstruction - Requested by R. A.. Marchese, 1901 Roma Way M~. Marchese wanted to talk about height but since it was getting late, he said it could be on the next agenda. NEW BUSINESS Special Assessment District - Canal Maintenance When the City was doing the canal maintenance, they realized two of the canals south of Mission Hills were private canals. City Manager Cheney recommended to Council that they eliminate the maintenance to private canals, effective in October. The most easterly canal is bordered by SW 33rd Avenue and SW 33rd Place, while the western canal runs between Diane and South Lake Drives. In an attempt to see what the City Can do to develop some kind of reaction, City Manager Cheney made some suggestions in his memo of September 5. City Attorney Vance thought if there was a desire by those citizens, the City could work on it, but the typical special assessment procedure visualizes a project that is completed. This will be an ongoing situation which is not visualized by the Special Assessment staff. If they do it once a year, City Attorney Vance said that would get around the problem, - 29 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 or they could do it once every five years. would take a look at it. He stated he City Manager Cheney hoped it could be an ongoing agreement. They may have to do a new assessment project every year or do a five year assessment project. City Attorney Vance explained it is a complicated procedure with public hearings, and the City should avoid doing it more often than they have to. Councilman Warnke asked about new people coming in and not wanting canal maintenance. City Manager Cheney said that was the advantage of a special assessment. It is on the tax roll. Mayor Zimmerman asked what percentage of people you need living along the canal. City Attorney Vance replied, "Actually, you need zero, if the Council decides the public project needs to be done." He said obviously, the Council would want a majority on a project like this. City Attorney Vance reiterated that it is complicated and will probably vary from year to year and will be ongoing. Mr. Arthur Arvay, 931 S. W. 33rd Place, Boynton Beach, is on the canal between Mission Hill Road and 33rd Place, off of Swinton Several things concerned him. He was entirely in favor o~ the special assessment. If they leave it to the individuals to contract privately, it ultimately can create problems. Since the City has been doing a good job, Mr. Arvay felt most of the property owners will be in favor. Mr. Arvay informed the Council that a newspaper article said t~e Council was to consider a special canal site tax district. One thing Mr. Arvay thought City Manager Cheney might not be aware of was that the property owners on S. W. 33rd Place fronting on the canal towards Swinton own the property 50 feet from the center of the canal to the far south, which means their property actually extends 18 to 20 feet up on the other bank of the Mission Hill side. When they assess the fees, the City will have to assess the owners on one side of the canal rather than both sides of the canal, because the property owners on S. W. 33rd Place actually own a~most 20 feet of the other side. Their lot plats show that f~ct. If the City does not maintan the canal, Mr. Arvay said it can become a problem of dispute among the neighbors and in t~e end will not be maintained and breed insects, etc. Speaking as a property owner, Mr. Arvay said he would rather pay his money to the City as an assessment than to worry about it being done privately. He thought most of the - 30 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 property owners were in favor of the special assessment. Others from the canal between Diane and South Lake were here but were told that this would not come to a vote tonight. Vice Mayor Ferrell told of meeting with the residents at the PBA Clubhouse, and no one spoke in opposition. City Attorney Vance said he would try to have a report by the next meeting. The biggest problem he saw was trying to avoid doing it every year. Since so many of the residents want the City to go ahead with it, City Manager Cheney commented that the City may want to continue month to month with a contract with the understanding they may find a solution. He thought it would be better to continue spray- ing than to stop it and have problems with no spraying at all. V~ce Mayor Ferrell moved to table this matter until they receive a report from City Attorney Vance. Councilman Wright seconded the motion, and the motion carried 4-0. ADMINISTRATIVE C~nsider request from Veterans of Foreign Wars Post 5335 ................ TABLED (VFW has requested that ~h~s i~e~ ~e c~nsi~e~e~ at't~e first meeting in October. ) Consider Drainage Projects 1983/1984 Budget (Postponed from August 21, 1984 City Council Meetinq) City Manager Cheney informed the Council the lists have been advertised already and asked if the Council wished to make any changes. He credited Tom Clark, City Engineer, and William Flushing, Deputy City Engineer, with coming up with a swale way of solving the City's drainage. City Manager Cheney said the City will go along with the advertising, and eventually the Council will get the bids back authorizing the construction. Discuss Beach Erosion Prevention District - County Question- naire Councilman Warnke said this came up before the Municipal League and other bodies in the County, particularly on sec- tion 2. There is a proposed Countywide taxing structure where people on the beach get taxed on a higher millage rate than those in Belle Glade for beach, recreation, etc. - 31 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1984 Councilman Warnke ageed with the concept of the question- naire. Councilman Warnke wanted to see State and Federal in there with the County, if possible. He did not go along with a sliding tax. There was discussion. Councilman Wright suggested that County, State and Federal be put in for 92. City Manager Cheney asked if item 96 was acceptable to the Council. The Council seemed to be agreeable with the other items. Mayor Zimmerman suggested City Manager Cheney send the form in with the corrections. Consider proposal to increase Mayor and City Council Compensation Councilman Warnke moved to table this item, seconded by Vice Mayor Ferrell. Motion carried 4-0. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:40 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: /' - C'ty Clerk Recording Secreta~ (FOur Tapes) V /~ Couacilman J - ~ ~'ouncilman ~ / - 32- AGENDA September 5, 1984 CONSENT AGENDA - ADMINISTRATION Approval of Bills: B. & H. Sales Break-Away Bolts for Fire Hydrants, Fire Hydrants, Tubing etc. for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-51 $2520.00 Pay from Water & Sewer Rev---401-333-533-60-54 7068.00 $ 9,588.00 Boynton Beach Child Care Center 4th of 4 quarterly payments as recommended by CRB and approved by City Council on 9/20/83. Pay from Federal Revenue Sharing---320-641-564-40-5A 5,375.75 e Bill Currie Ford Three 1984 L.T.D. Sedans for Police Dept. Pay from Federal Revenue Sharing---320-211-52!-60-81 State Contract ~070-00-84-1 23,331.39 m Elpex, Inc. various size tires for Public Works Pay from General Fund---001-!93-519-30-22 3,419.58 Ernst & Whinne~ 1,195.00 Professional services through July, 1984 in connection with the annual audit. ~ay from 1984/85 Budget) Pay from General Fund ............. 001-131-513-40-66 $633.00 Pay from Water & Sewer Rev ........ 401-393-539-40-66 562.00 Hardrives, Inc.,.. Two Congress Avenue Force Main Conflict Manholes Pay from Water & Sewer Rev---401-333-533-60-5A 3,600.00 e I.B.M. Corporation Monthly charge for Copier III Model 60 Pay from various departments General Fund, Water & Sewer Rev and Golf COurse. 1,708.26 Lamar Uniforms 2,369.89 Various size Shirts and Pants (Uniforms) for Central Office Supply. PaYs, Bid Item"fr°m Water & Sewer Rev---401-395-539-30-97~ e Leachem Industries, Inc. 10 Bags Stockhausen Polymer for Water Treatment Pay from Water & Sewer Rev---401-332-533-30-65 Council approved: Contract Price 1,168.65 10. H. F. Mason Equipment Corp. One 1984 Leach Model 2R 25 Cu. Yd. "Packmaster" Body mounted on 1984 Ford Chassis. Pay from Sanitation Cap. Replace.---103-341-534-60-86 Per bid 1/5/84, Council approved 1/17/84 66,798.00 11. McQuay, Inc. One 1000 lb. CUbe Ice Machine and one 950 lb. Storage Bin for Water Distribution. Pay from Water & Sewer Rev---401-333-533-60-71 State Contract %740-65-83-1 2,494.00 12. Metric Engineering, Inc. Inv. 42, 43 and 44 N~E. 10th. Ave. & Cherry Hill Improvements Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development Block Grant 9,791.22 13. Nalco Chemicals Ultrion 8109 Liquid for Water Plant Pay from Water & Sewer Rev---401-332-533-30-65 11,185.04 14. 'Palm Beach County Solid Waste Authority Use of County Landfill for month of July, 1984. Pay from General Fund---001-341-534-40-9A 35,400.53 15. Twin Constructions. Inc. ADpl. %6 Boynton Beach Oceanfront Park Project from 6/26/84 to 7/25/84. Pay from B.B. Rec. & Mun. Beach Improve. Fund: 303-000-169-41-00 238,135.00 16. Unijax Janitorial supplies for Building Maint. and Utilities. Pay from General Fund. 001-192-519-30-92 $1419.50 Pay from Water & Sewer Rev .... 401-332-533-30-92 137.34 1,556.84 17. United Steel Erectors Est.5 Final 21,449.89 San Castle/St. Andrews Part B - Pump Station from 7/31/84 to 8/23/84 Pay from Utility Cap. Improve.---404-000-169-11-00 18. 19. Isiah Andrews Driver for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 Willi~ Ruth McGrady Server for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Per Ordinance ~73-15, passed 5/15/73 70.20 67.20 bills described have been approved and verified by the 'departmentT~e heads involved,- checked and approved for payment ~y the Finance Department. Grady W~ance~Dlrector I therefore recommend payment of these bills. Peter L. Chene Manager