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Minutes 04-20-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 20, 1982 PRESENT Walter "Marty" Trauger, Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk Manley P. Caldwei1, Jr., Assistant City Attorney ABSENT James Warnke, Vice Mayor (iExcused) Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. M. As Rev. Jerry Dortch,. Associate Pastor, Faith Taber- nacle Church was not present, Mayor Trauger gave the invocation, followed by the Pledge of Allegiance to the Flag, led by City Manager Peter Cheney. Mayor Trauger introduced Manley P. Caldwell, Jr., Assistant City Attorney, of the law firm of Caldwell, PaCetti, Barrow, and Salisbury, 32'4 Royal Palm Way, Palm Beach. Mayor Trauger informed everyone that Attorney Caldwell's wife was the smartest accounting student Palm Beach Atlantic College has ever had. AGENDA APPROVAL Councilman deLong wished to add an announcement, which would be No. 3 under "E. Announcements". He requested the front office to move X. ADMINISTRATIVE, C." and now requested that it be moved up to "VII. LEGAL, D. Other." and that "C, under "X. ADMINISTRATIVE" be deleted. Under "VII. LEGAL, D", Councilman deLong added "Auxiliary". City Manager Cheney requested the addition of "4" under "E. Announce- ments,'' and Councilmember Woolley added "5" under "E. Announcements." Councilman deLong moved that the Agenda be adopted with the additions, seconded by Councilman Wright. Motion carried 4-0. ANNOUNCEMENTS Youth in Government Day, April 28, 1982, Mock Council Meeting, 7:30 to '8:30 P. M.', City CounCil' Chambers Mayor Trauger made the announcement, He said all elected or appointed school officers will meet in the Council Chambers for greetings, and then the students will start their respective offices. Proclamation - American Business Women"s Scholarship Month - May, 19'82... Mayor Trauger read the Proclamation. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Mayor Trauger announced that Vice Mayor Warnke is on vacation in the Caribbean. Vice Mayor Warnke had a previous commitment and could nOt Change it before he assumed the office of Vice Mayor. Announcement - requested by Councilman Joe de'L'ong Councilman deLong requested Mayor Trauger to read the announcement. Mayor Trauger announced that-CoUncitm~sr~. Pat Woolley hasl b~n appointed the Vice President of the Palm Beach County League of Municipalities. He said it was quite an honor for Boynton Beach to have her appointed, and he congratulated Councilmember Woolley. Councilmember Woolley said she i~ 16okin~ forward to that. Mayor Trauger also announced that Mr. Perry Cessna, Director of the Utility Department, had been awarded by the National Clay Pipe Institute the National Award for the promotion of municipal utilities equipment, Mayor Trauger stated that the award would be made in Washington, D. C. this ThUrsday (April 22), and the City is honored with the outstanding service of Perry Cessna. Announcement - requested 'by City Manager Peter Cheney City Manager Cheney announced that the City was going to try this year, on the week of May 4 through 7t~ and would have a Proclama- tion at that Council Meeting, what they consider "Better Water for People Week. City Manager Cheney said it was obviously a water promotion, conservation, water system kind of promotion. The City is planning to have open house at the Water Plant one day of that week. Mr. Cheney said Bob Kenyon, the City's new Water Treatment Plant Supervisor, is planning this. The City has never done it before, and it~is hoped and anticipated that many citizens will take advantage of touring the plant that week and fin~ing what happens behind the walls of that big building on Seacrest and Woolbright, learning about the Water Plant process, the treatment process, the laboratory the City has there, and what the City,s plans are for improving the treatment and the City's plans for the new water treatment plant. City Manager Cheney said more publicity and invitations w~ll be sent out, but he wanted to announce it ahead of time so that people could anticipate and plan to come to the Water Plant during the open house that week~ Councilmember Woolley asked what the date would be. City Manager Cheney said it would be the first week in May (May ~t~ through the 7th). He asked Perry Cessna, Utility Director, when the open house would be. Mr. Cessna said it would be Wednesday, May 5, 1982. Mayor Trauger made a presentation of a gift of flowers to Pat Ramseyer, Recording Secretary, who has served the Council and the City Boards so well. The flowers were from the Mayor, the City Council, and all of the Advisory Boards. Mrs. Ramseyer was very surprised and expressed her thanks. Although the flowers were given to Mrs, Ramseyer, Mayor Trauger said ±t was symbolic of National Secretaries Week, and as their thanks to all of the secre- - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 taries who labor long in the City in its various departments; it was to express the appreciation from the Council for their very fine work. Announcement - requested by Councilmember WooTley Councilmember Woolley announced that Ernst and Whinney had invited her to the second annual seminar for Professional Women, which is on May 13th. Councilmember Woolley wished to go on behalf of the City. She said the seminar would cover burn out and~stress, manag- ing quality for survival, and retirement plans,' all of which Councilmember Woolley thought were quite~£itting for a job such as hers. Councilmember Woolley stated there did not appear to be any cost, and it would be at the Hyatt Hotel in West Palm Beach, She said she would relay any information back to Council. Mayor Trauger said the City would appreciate it if Councilmember Woolley would attend~for them. MINUTES City Council Meetin'g Minutes' of' April '5, '198'2 T~BLED Councilman deLong, moved to take the question from the table, seconded by Councilmember Woolley, Motion carried 4~0. Councilman Wright moved the adoption of the Council Meeting Minutes of April 5, 19.82, seconded by Councilmember Woolley. Motion carried 4-0. City Council Meeting Minutes of April 6, 1982 Councilman deLong moved to. adopt the minutes of April 6, 1982, seconded by Councilmember Wootley. Motion carried 4-0. PUBLIC AUDIENCE Mayor Trauger'stated if .anyone in the audience would like to speak on any item that is on the agenda, to please come forward and give their names to Tereesa Padgett, City Clerk. .Anyone in the audience who would like to speak on any item 'that is not on the agenda, they may come forward now, give their names to the City Clerk, and she will call them in sequence to speak. Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, asked City Manager Cheney if this item was on the agenda, and Mr. Cheney had advised that it should be presente~ now. Mr. Cassandra planned the presentation on April 6th but at that time, there seemed to be a very hurry up ~April 7th court date for the bond issue. Since they now had the luxury of time, Mr. Cassandra wanted the Council Members to consider the financial - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 structure and maybe change it a little fOr the benefit of the citizens of Boynton Beach. For the record, Mr, Cassandra was not criticizing City Manager Cheney or his departments, but he asked the Council if it should not consider how much the golf bond issue should be. Mr. Cassandra told the Council Members he was not advocating, should they, or should they not guarantee the bond, -as' that issue has already been decided upon. Mr. Cassandra'.s main concern~ was that the City consider the best program for the citizens of Boynton Beach. Mr. Cassandra wished to expand on one of Mayor Trauger's themes for this year, which was "Cost~e~s~s%%Be~efit~ Derived", or saying it another way, "Let's get the most for our money." With this thought in.mind, Mr. Cassandra asked the Council Members if the proposed bond structure has the least effect on t~e City' services. Mr. Cassandra presented, for the Council MemberS~ consideration, some simple calculations proposed by City Manager Cheney. Mr. Cassandra was using the same, so they could compare apples and apples, Mr. Cassandra said- the City would ~row $4,000,000 00'at 16% for 23 years, the debt would be$66i,8~%~ar~ ~4 ~00,006.00 at 13% for 23 years would be a debt of $553,280.00 approximately, a year. Payback Af~er~23-~yesrs~'~ ~the'proposed$4,000,000.00'-bOnd i-ss~e~.wouldbe~$15~_22~00~0 and that would be at the 16% rate, or $12,725,~40.00 at the 13% rate, Since the City is backing the bond issue, it seemed that the City could now borrow what 'Mr. Cassandra was recommending, which would be 2.5 million at 16%, which would give a debt of $413,000.00 and some hundred dollars, or 2.5 million at 13% for 23 years would give a debt of $345,000.00 and some hundred dollars. The pay- back after 23 years at 16%,.a~qu~s~.~.-$9,500~000.00,~ ~''- ~-~ .... or at 13%, $7,953,000.00. ' ....... ' ~ ~ Mr. CasSandra continued by saying that to pay on an interest rate · from 13% to 16%, the City could save (when they borrow 2.5 million versus $4,000,000.00) approximately $5,000,000.00 to $6,000,000.00 in payback. Also, the amount of money that would come out of the City's budget annually to insure the bond would be less, Mr. Cassandra pointed out. The amount of City services that would be affected is less. Mr. Cassandra was aware that City Manager ~heney proposed a bond of $4,000,000.00 in the original proposal, and that is to have a cushion ~or surplus money forJt~e~.-~lf bond debt. Mr. Cassandra said that was under the consideration of self sufficient,' in case the golf course does not have a positive cash flow. Recently, Mr. Cassandra said that Grady Swarm, Finance Director, said, "The bonds will have enough reserves on hand at all times to cover shortfalls in any given year." There were many variables - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 198~ that bothered Mr. Cassandra. For example, Mr. Cassandra asked if there was any guarantee on tourist trade in BOynton Beach. He pointed out that there was a low annual golf membership, which was the only guarantee of annual revenue. He asked if there was any guarantee that there would not be~a~wa%er shortage,~no acts of nature, no need for repairs or maintenance. Mr. Cassandra asked if~the City could guarantee a positive cash flow. He noted that if the City had a 25% deficiency, the surp!~ would be ~e~eted in $!_~year~ r_-~h~tabout~thene~t-.~!~2_years? Aboveall, who can guaranteethe future? Mr. Cassandra expressed his nex~ concern. He referred to reading that the golf bonds would be backed with non-taxed 'monies and that no property taxes would be used, To Mr, Cassandra, the language of non-taxed money was the greatest illusion act' of the'.century. ~Since the City services come from one budget and since the City is guaranteeing the bonds, Mr. Cassandra said this means that the debt monies must be put in escrow ~!or whatever i~ the prDper financial term. Therefore, the City"s budget.revenue would be decreased by the amount of that money, which means something must be denied. If nothing is to bedenied, what ms going to replace that revenue void? Mr. Cassandra asked the Council to consider 2.~5 million versus $4,000,000.00. He told. the-Council if it was their deCision to go with.a $4,000,000.00 bond issue, they should consider the concept of prepaying each year and every year in advance. This would remove the need of escrow money and, therefore, would not take away from the revenue of the' City budget. Of course, no loss in City services due to the golf course. Mr. Cassandra thought this would help City Manager Cheney plan his debt needs for the year ~ecause he would have at hand the year's golf- revenues in advance of-the budget'p!anning day. This ~ould tell him how much ~ney would have to be put into the debt service .just in case there is no .positive cash flow. Mr. Cassandra asked the Council to consider all aspects of this golf financial structure because in the very near future, they would be seeing budget time, and the following questions will be'asked: 1. What services have you taken away from the citizens because of the golf course? 2. Why haven't our tax rates decreased? Mayor Trauger said the information Mr, CaSsandra'had given would be referred by the City Manager to the Golf-Advisory Committee from the minutes of this meetin~ for'their consideration as to the amount, and to the financial advisors for the City when the bonds go. Mayor Trauger commented that there are many things in the future that man cannot see but from the best of advice from all of the Golf Committees and-the various consultants who have looked at the golf~cou~.se, and judging from other golf courses in the area, this looks very sound. Mayor Trauger continued by saying we cannot always see what is in the future, but those are some of the un- insurable risks of man and which the City Council has taken in try- ing to provide a golf course for Boynton Beach. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Henrietta Solomon, 230 N. E. 26th Avenue, Boynton Beach, a former member of the Community Relations Board, stated that it was her pleasure to serve the City of BoyntonBeach. Mrs. Solomon said if her contribution made even a small improvement for the City and any of its citizens, she has accomplished her goal. Mrs. Solomon told the Council that if they allow, pettiness, vindictiveness, and anger to .consume it, they will render them- selves ineffective; the people of BoYnton Beach are ~he ~osers. Even with politics as usual., Mrs. Solomon thought the Council could conduct themselves as.mature, responsible individuals. Only then could they hope to gain respect and serve out their community effectively. For the record, Mrs. Solomon said that in- asmuch as Boynton Beach is her home, she shall continue, to be concerned for its ~eterans and, as a proud kmerican, she strongly believed in the democratic process and would always exercise her privilege to vote for whomever she feels is the most qualified person and would hope all others wOuld do the same, Mayor Trauger thanked Mrs. Solomon and was quite sure that the City appreciated the fine work that she devoted to the Community Relation's Board. - - .~ ~ _ Mr. C. C. Darrah, 902 S. W. 27th Way, Boynton Beach, stated that he lives in the Chapel Hill area. Several months ago, Dr, H. Peter Wintrich thought that something should be done about the inter- section of Chapel Hill Boulevard and Seac~e~%~B~t~var~ Mr. Darrah told the Council. He said traffic ~seemed to have increased over the months, and since they.have improved the highway, traffic is going faster, and there is more traffic because of the increase in population. Since Dr. Wintrich could not be here tonight, he asked Mr. Darrah to present a petition with from 550 to 600 signa- tures. Mr. Darrah thought that people who ha~e lived in that area and have attempted to turn on Seacrest f~om Chapel Hill Boulevard realize it is a "pretty risky situation". Mr. Darrah hoped t~e~Council w culd give the petition due consideration. Mayor Trauger asked Mr. Darrah how the petition 'read and ~if it was in conjunction with the blind people crossing the street there too, Mr. Darrah said it was. Mr. Darrah read: "We, the undersigned citizens and taxpayers of Southwest Boynton Beach, hereby respectfully request the City Counc±l~of Boynton Beach to investigate the feasibility of, and acccmplish installation of, full traffic signalization at the following dangerous intersections: S. W, 30th Avenue and South Seacrest Boulevard (Chapel Hill Boulevard) S. E. 31st Avenue and South Seacrest Boulevard"' Mr. Darr~ah referred to S. E. 31st kvenue and South Seacrest Boulevard - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 and mentioned that there has been one traffic fatality at that inter- section. Councilmember Woolley could not understand the petition and asked Mr. Darrah if it asked for two lights or one. Mr. Darrah replied that he was not a Traffic Engineer, but if he were to decide, he would say one traffic light would do for both streets. Mayor Trauger informed Mr. Darrah that he also had been called about blind persons attempting to get across the street there in-the morning around 7:15 A.M. Mayor Trauger said he had City Manager Cheney, with the Police Department, make a checkout. Mayor Trauger informed Mr. Darrah that they made another checkout this morning (April 20). Mayor Trauger read into the record the findings, as contained in a memorandum re "Blind Persons Crossing of South Seacrest", dated April 20, 1982f as follows: "In regard to blind persons crossing at the bus stop at Chapel Hill Boulevard and South Seacrest Boulevard, the following observations were n~de: Three blind persons from the Chapel Hill area, one blind person approaching from the east side, and one other person arrived by private auto. These persons wait at the bus stop for CoTran to go to work in ~st Palm Beach. There are sighted people to assist them in the crossing of the roadway. Since the need for traffic controls occurs only twice a day, I see no need for the crossing device. However, warning signs strategically placed on South Seacrest Boulevard, indicating blind pedestrians, I believe would suffice in helping alleviate this current situation for the blind people. Respectfully submitted, /s/ Sgt. Smith, Police Department Approved by W. R. Hamilton, Chief of Police" From the Council's view, to get it started, Mayor Trauger believed the Council would be willing to try having warning signs posted for the blind people. He asked if Mr. Darrah thought that would be of assistance. Mr. Darrah replied that it would be a start but he did not think it would be sufficient. He felt it would be worth a try. Councilmember Woolley moved that the proper warning signs be installed on Seacrest Boulevard, at the proper location, in order to alert the passing motorists-as to these visually handicapped people. As to the other problem, she felt they could look into that a little bit further. Councilman deLong seconded the motion, and the mot%on carried 4-0. ~.correction -~see 5/4/82 MIN. A lady in the audience wished to speak at this time, but Mr. Trauger advised her that he would get back to her, that he was legally bound to hold the Public Hearing at 8:00 P.M[ as advertised. He assured her he would come back to her as soon as the Public Hearing was over. PUBLIC HEARING - 8:00 P.M. Request Easement Abandonment submitted by George J. Cummins, Jr. located near the intersection of SE 4th Avenue and SE 4th Street - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Carmen Annunziato, City Planner, informed everyone that this was a request for abandonment of a utility easement located in close proximity to the intersection of S. E, 4th Street and S. E. 4th Avenue. He stated that the easement was currently occupied by a very shallow sewer line,, which was meant to serve Lots 8, 9 and i0 of the subdivision. Lots 8, 9_and t0 are now owned by an individual and could not be developed separate from each other, relative to the lot size, Mr. Annunziato further advised. Mr. Annunziato said it was the applicant'~s wish to combine the use of Lots 8, 9 and 10, which would require that the easement be abandoned by the City. The request was reviewed by the City staff and sent to the Planning and Zoning Board with a positive recommenda- tion, subject to the applicant filing a unity of title over the three lots, therefOre, forever and always causing the lots to be made one. ~ Annunziato continued by saying that the Planning and Zoning Board conducted a public hearing on the issue, and there is an unanimous recommendation on the part of the Planning and Zoning Board to the City Council that'the abandonment request be approved, subject to the applicant filing a unity of title over Lots 8, 9 and 10. George J. Cummins, Jr., P. O. Box 821, Boynton Beach, Florida, informed Mayor Trauger that he had a Declaration of Unity in Title which he had signed and notarized that he presented to the Council to be filed, Councilman deLong advised that he had attended the meeting of the Planning and Zoning Board and was acquainted with the situation. Therefore, Councilman deLong moved t~ approve the recommendation of the Planning and Zoning Board and grant the abandonment. Mr. Annunziato po±nted out that ~t was ~ public hearing. Mayor Trauger asked if anyone was in favor of the proposed abandon- ment. He said if anyone was in favor, they could come forward and speak on the subject. There was no response. Mayor Trauger then asked if anyone opposed the proposed abandonment and, if so, they could come forward and speak. There was no response. Councilman Wright seconded Councilman deLong's motion to grant the ~abandonment. Mayor Trauger asked Mr. Cummins if he agreed with the stipulations outlined by Mr. Annunziato. Mr. Cummins replied that he did, and he had the form filled out, notarized and had just handed it to Tereesa Padgett, City Clerk, so the matter could be taken care of. Mayor Trauger repeated the motion that the request for easement abandonment be approved, subject to the applicant filing a Declara- tion of Unity in Title over Lots 8, 9 and 10, Sunset Court Sub- division'. The motion carried 4-0. Request Conditional Use Approval Application submitted by Ferdoos Pulling for Benjamin Building Supply for approval to sell lumber in connection with a hardware s'tor'e l~oca'ted at 115 So. Federal Highway - 8 - MINUTES - REGUL~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Mr. Carmen Annunziato, City Planner, informed the Council that the applicant'-s request is for a conditional use to sell lumber in connection with a hardware store located on South Federal Highway, just north of S. E. 1st Avenue. It was last occupied by the Golden Phoenix Restaurant. Mr. Annunziato said the application went to the Planning and Zoning Board with two kinds of recommendationS. One concerned the technical aspects of the plan, and 'the other concerned the consis~ tency with the Comprehensive Plan and also consistency with the Conditional Use Approval requirements by conformance standards. Mr. Annunziato stated that the request is to store lumber in connec- tion with a hardware store which is currently licensed'at that location, and that is why it requireS conditional use approval. Mr. Annunziato continued by saying that a.t the Planning and Zoning Board Meeting, a Public Hearing was conducted and the !.events were submitted for the record, which were composed of City staff comments as follows: Building Dept.: ~t. (Bert Keehr, 2. Deputy Build- ing Official) Complete site plan should have additional dimensions. Parking lot must meet new ordinance, which would require one (1) more parking space, double striping, lining, signs, etc. Sidewalk required on First Avenue to go through driveway. Does not meet the landscaping ordinace. Mr. Annunziato felt ~this statement was more a matter of clarification,) Must have five.foot (.5'~ landscaped area along' public right-of-way. One (1} tree every for~_ (40) lineal feet; thirty-six inch (36") high hedge along right-of-way and around parking lot, autc~atic sprinkler syst~, etc." Engineering Dept. (Tom A. Clark, City Engineer )~ "1. Paving and drainage plans are incc~plete. No eleva- tions are shown and no drainage facilities are idenfi- fied. Base of 6" rock (min.) to be indicated. 2. Existing elevations should be shown. 3. A recent survey by RLS is requ~ed. 4. Roof drainage to be contained on site." Police Dept.: "Subject to security lighting. Parking lot lighting; Traffic Control.signs." Public Works: "See Public Works Department~'for dumpster location." Fire Dept. (Chief James M. Rhoden, Sr.) "This department has reviewed the site proposed and codes relating to the use of this property for lumber storage operations. I find that buildings in this area would be placed in jeopardy by the type of use proposed. In particu~ lar, the construction on Ocean Avenue, iranediately adjacent to this property, is partially of cc~bustible material. Thus, the fire potential in this area is greater than what 1 feel is acceptable to prevent a hardship to adjacent property owners." - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 City Planner Planning Dept,: See Memo attached and made a part hereof, "Since it appears that the site would function mainly as a building supply outlet rather ttkln a hardware store, it is recc~ended that the conditional.use approval for this site In all fairness to the applicant, Mr. Annunziato thought it should be noted that it is not his intention .to stor.e lumber exclUsively in the covered storage building, As noted by the applicant at the public hearing., Mr, Annunziato said it is h±s intention to market, in addition to some incidental lumber, such other building supplies as paint, roof and floor tiles, bags of concrete, plumbing and electrical suppl~ies, as well a.s some~additional hardware uses, Mr. Annunziato felt it was important for the Councilw in their deliber- ations, to analyze, in their own minds, what a hardware store is. He thought everyone had a mental image of what that is. Mr. Annunziato's mental image seemed to indicate that this is somewhat more of a building supply than what they know as a convential hard- ware store, In fact, Mr. Annunziato pointed out, if i~isabuilding supp!~,~the~under'a~y conditions, Mr. ~nnunzlato advised that it would not be permitted in a C-3 zone, However, he said, it comes to the Council for conditional use approval for the incidental exterior storage of lumber. Mayor Trauger asked if anyone in the audience would like to speak in favor of the request. Saeed Samimi, 2182 - 46th Terrace South, West Palm Beach, said he would start at the beginning and answer all of the questions that were brought up, based on the memorandums, and would follow by going through what the image of a hardware store is and would final±ze it by going through the plans. With regard~ to the comments of Mr. Bert Keehr, DepUty Building Official, Building Department, Mr. Samimi advised that a~complete site plan with dimensions on it would, be presented to the City Building Officials when he requests that the building.be placed on the property, Mr. Samimi pointed out that this is just a preliminary plan, which was drawn for this particular purpose, As far as the parking lot, additional parking was requested through the City Planner's office, Mr. Samimi informed the Council, because they said he had extra land available. Mr. Samiml said they went along with that, and the Planning and Zoning Board said they should add an extra four spaces. At the same time, Mr. Samlmi noted it would be convenient for his customers. Mr. Samimi stated that they agree to a sidewalk on First Avenue, even though other buildings recently placed on First Avenue do not have any sidewalks on the south section, that is, S. ~E. First Avenue. As far as No. 4 of the Building Department's comments, Mr. Samimi - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 said everything had been followed verbatim, but they did not haVe a chance, as their name was not placed on last night's agenda for the Community Appearance Board meeting. Mr. Samimi referred to comment No. 1 from the Engineering Department, and advised that paving is ordinarily done with six inches of shell- rock and one inch of asphalt, which is normally done 'through the subcontractor. If his architect neglected to put on six inches of shellrock, Mr. Samimi said he was probably not aware of what has to be done. Mr. Samimi stated he was nOt a paving contractor, but that would be placed on the plan if necessary, Mr. Samimi further advised that the existing elevations will be shown on the plans for the final approval of the building, As far as the recent survey, he mention'ed at the Planning and Zoning Board Meeting the survey had just been revised on January 4, 1982. Mr. Samimi referred to comment No. 4 from the Engineering Depart- ment and said, as noted by his architect, all the water from the roofs and from the parking lot would be contained on the site · be~use.tP~reis so much grass and shellrock existing on the land it- self. Mr. Samimi alluded to the combustion materials existing, as mentioned in Fire Chief Rhoden's memo, and advised that it was not adjacent but across the alley from them. Besides that, Mr. Samim± said it was a 35 foot distance between the extension of the hardware store (~hich is referred to as the shed). Mr. Samimi noted that Mr. Annunziato also made several recommenda- tions, as well as the sidewalk. He repeated that sidewalks are non- existent on newer buildings, but they agreed to that at the City Planning and Zoning Board Meeting, Rs far as a 45 feet parking bay, Mr. Samimi thought he had 44 feet, six inches, which he thought was an architectural mistake, and-he stated that he could clear that. Mr. Samimi referred to "3. the parking lot construction is to comply with current standards~" of Mr. Annunziato's comments. Even though the newer standards took effect after Mr. Sam±miLs submission of their papers, Mr. Samimi said he still agreed to doing the stripes accOrding to what the City regulations might need and for additional parking. As was mentioned, Mr. Samimi said he brought it up at the Planning and Zoning Board.Meeting,~and he ~read: "A hardware store with incidental sales of lumber would be consistent with the Compre- hensive Plan policies for this area." Mr. Samimi said he had the evidence with'him and showed the majority of the type of molding that they sell. He said they were the finished products and the type of lumber he had, which is normally not found in a lot of hardware stores. Mr. Samimi said if someone needed the stud and a couple of nails, that would take care of household if they had something to be done. He asserted that was his lumber. - 11 - M~INUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Besides that, Mr. Samimi recalled Mr. Annunziato mentioned having the image of a lUmber store or building supply materials in comparison to the hardware store,~ Mr. Samim± mentioned four businesses in town: Home Hardware in the Gulfstream Mall, which has roof cement and concrete cement mix, Mr. Samimi doubted if they would consider that as 'hardware. He thought everyone knew what a hardware store is. Mr, Sam±m± continued by mentioning Tru Value Hardware Store, which has pa~ints'and.cement mix. Mr. Samimi said he did not have that yet and may not hate it~b~.-~he requ~sts~for it. ~He alsona~e~d Ace Hardware~ which also~thascementmix. Mr. Samim/ sgid if they would'not want~ to consider that. as a building material, how ~ould.they look at~±t. He felt it was a grey area rather than a fine point, because hardware is nothing but building materials, Mr. Samimi referred to Western Auto Associates, where they have parts for automobiles, all of the hardware materials you need, tar for roofing, cement mix, radios, stereos, and a lot of other things, Mr. Samimi advised the Council that he was just an investor, spending $35,000.00 to $40,000.00 on that single building alOne, besides other things, He. wanted the Council's judgment on several things he was bringing up. As far as traffic patterns, Mr, Samimi pointed out that before there was a restaurant and a bar, Fifty to sixty people were up until 2:00 or 3:~00 A, M. The restaurant took twenty or thirty parking spaces, As a hardware store, Mr. Samimi said they have an extra request for four more spaces. He asked how traffic could be strongly affected by it. At the Planning and Zoning Board, Mr~ Samimi told the Cou~cil~Rev. L. Edward Wollenweber, Boynton Beach Congregational Church appeared and also, there was a ~letter from Mr. HRnk Thompson, who are respected members of the community, M~. Samim± said perhaPs it was mentioned to them that it would be a lUmber store or a lumber yard and that was one of the reasons why they took ~he whole issue wrong. As far as the Community Appearance Board, Mr. Samimi informed the Council that they never had the opportunity because they were ne~er placed on the agenda. Mr. Samimi pointed out that the land had been left alone with a lot of beer cans and bottles, and his plan was to beauify that part of town to the best of his ability to make it the best ±t could be and to provide a convenience for the people of the community. CoUncilman Wright asked Mr. Samimi if he wanted to put something on the exterior of the building. 5~. Samimi replied, "if I may." Councilman Wright wondered if he wanted it on the south side. Mr. Samim± said it would be the north side. Mr. Annunziato explained what the applicant was planning to do - constructionwise. He showed the existing building, which is adjacent ~o the ~east-west alley which runs between Ocean and First, To the rear and west of the existing building, the applicant proposes to construct a 30x100 foot-long roofed over open-storage area. Mr. Annunziato p~±nted to First Avenue, to the south, and said the ~pplicant is proposing to fence in the area and landscape along - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 1st and along the property lines with vines and hedges, as well as U. S. 1. Mr. Annunziato further advised that parking would be off of S. E. 1st Avenue and woUld be two way, 90° parking~ He said the application was inadvertently left off of the Community Appearance Board applications because it was a public~hearing. Mr. Annunziato thought the issue of conditional use could be addressed, Mr. Annunziato also informed the Council that the Planning and Zoning Board conducted a hearing on the matter last Tuesday (April 13, 1982)and unanimously recommended'~hat the request be denied, noting that the request would result in traffic congestion and that uses of this sort would not be compatible with existing proposed uses for the downtown area. Mayor Trauger asked if anyone else wished to speak in favor of the request. Christiane Francois, 65 Spanish River Drive, Ocean Ridge, appeared before the Council and said that her parents own the property in question. She told the Council Members that they had leased the property to Mr. Sam±mi for five years, and she thought that every- one wanted to see Boynton Beach beautified. Before this, they had planned a nice building but gave it up because of financial problems. Ms. Francois said they were doing the next .best thing now and and trying to rent the building to the applicant. For now, Ms. Francois thought it would be beautified, because the applicant would put a sidewalk in, landscaping, and drainage, As she said, she only has a five year lease with him, Ms. Francois quoted Mayor Trauger fro~ a newspaper clipping of the 19th, where he said "For now, all that is needed is~a major face lift. We need to wash our face, comb our hair, and make ourselves more presentable." Ms. Francois said it might not be the kind of business they want for all of downtoWn but, for right now, she thought the Council might consider approving it and reviving down- town. Ms. Francois told the Council to do something positive instead of just waiting. She said it would.take a while to get downtown to be what they would like it to be, Ms. Francois did not think the app~licant wanted' to have a lumber yard there. She thought they would need a wider area for a lumber yard. She felt their pr£mary purpose was a hardware store. Mayor Trauger asked if anyone else wished to speak in favor of the request. There was no response, He asked if anyone~!ished~to/.speak against or inoppoSiti~n'~Q.~thepropos~d~'~st. Rev. L. Edward Wollenweber, Minister, United Church of Christ, 115 North Federal Highway, Boynton Beach, informed the Council that he addressed the Members of the Planning and Zoning Board a week ago and tried to impress upon them the concern his church has about - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 this request for conditional use. Rev. Wollenweber stated that he was asked by his Board of Trustees to represent them at the Council Meeting and he came, by Board action from the Boynton Beach Congregational United Church of Christ, to represent them. He impressed upon the Council that the whole congregation of the Church has over half a-million~dollars invested directly in the building which they own at 115 North Federal Highway; they~have been active in the downtown area of Boynton since the±r, initial purchase of the property; they kave attemPted to be ±nvolved as a congregation, and Rev, Wollenweber said he has attempted to be involved as a Pastor in seeking to Promote the positive development of the down- town. Rev. Wollenweber suspected this was the first time that he ever addressed the Council or the P~lanning and Zoning BOard~ in opposition to some development in the downtown area. He was very surprised to find himself in this position, which is~because of their concern for the fragility of the downtown area~, Rev. Wollenweber could fully appreciate Mr. Samimi's interest in creating a new business, and he agreed that a hardware store is acceptable. The question is whether we would have a hardware store, Rev. Wollen- weber pointed out. He believed the issue is answered when you look at the blueprint, which shows a 3,000 square foot addition of open storage onto a 1780 square foot 'buildlng., Rev. Wollenweber could not see how that kind of addition could be construed as incidental to the overall property. Rev. Wollenweber said his church was committed to the development of the downtown but are very concerned that a negative aCtion in the downtown could stifle further development. Rev. Wollenweber also appreciated Ms. Franco~is' suggestion of five years as kind of a holding pattern. The problem is, Rev. Wollenweber pointed Out, that holding patterns tend to become permanent and that five years is a very long time in a community with a downtown as fragile as ours. Rev. Wollenweber urged the Council to take a look at .the property in Delray Beach at the corner of 2nd Avenue and 1st Street, where Love's Pharmacy is located, and what they ~ould see there is a piece of property that obviously was built with a grea't deal of optimism by Love's Pharmacy people, surrounded by lumber yards and heavy industrial use. Although the property ~s still kept clean, it still does not have the kind of continued value that it would have had had the rest of the area around it been developed at the same level of development as Love's Pharmacy, Rev. Wollenweber called attention to the fact that the plan'is not in compliance 'with the redevelopment plan nor the Comprehensive Plan. He believed very strongly that it should be turned down. Rev. Wollenweber.alsO believed the Council Members had a letter from Dr, Charles L. Burns, Conference Executive, Florida Conference of United Church of Christ. He said the United Church of Christ National holds a mortgage on their property, and the Florida - 14 - MINUTES .... REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Conference of the United Church'of Christ joins his church in ask- ing that the City Council turn down the request for conditional use. Mayor Trauger read the letter received from Charles L. Burns, Conference Minister', Florida Conference of the United Church of Christ, Winter Park, Florid~a, dated April 12, 1982, into the record. Mayor Trauger asked if anyone else wished to speak against the proposed request. Councilman deLong said the Planning and Zoning Board unanimously recommended that the request be denied. Since he was present at the meeting, Councilman deLong had to agree that the Planning and Zoning Board used good judgment when they said that this use would not be compatible with the existing or proposed uses for the down- tQw~ area. Councilman deLong believed it would be wise if the Council would withhold accepting exceptional uses in this particular area until such times as they receive final plans for redevelopment. Councilman deLong moved to uphold the recommendation of the Planning and Zoning Board' and deny the request. The motion was seconded by Councilmember Woolley. Councilman Wright commented that it seemed that the request could detract from what the City is trying to do. He. thought the City should try to move ahead with the-revitalization and redevelop- ment and clean up the downtown. Councilman Wright also thought the request should be denied. Mayor Trauger asked City Manager Cheney if the Chamber of Commerce had taken a position for or against this. City.Manager Cheney said they had not, but they did not have an Executive Board Meet~ ing since the issue came up, which may be a reason. Also, they may not have because there are no definite plans for downtown which they can logically relate to. A vote was .taken on the motion to deny the request for conditional use, and the motion carried 4-0. The request was DENIED. Councilman deLong moved to revert to the regular order of business, seconded by Councilman Wright. Motion carried 4-0. PUBLIC AUDIENCE Mayor Trauger asked the lady who wished to speak on the bl~nd cross- ing at Seacrest to come forward. She had left the meeting. City Manager Cheney wished to comment. He advised that it is a County Road, and the question of traffic signals throughout the County is a tough one, because there are so many places in the County that need traffic signals. City Manager Cheney said, if Council wishes, - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 they could ask the Traffic Division Of the County to study the area. He said, obviously, the City .would go.ahead and put upi the visually handicapped signs and warning signs. City Manager Cheney noted that high school is almost over this year but thought the Council might plan to bring this matter, particularly of the visu~l'tyhandicapped, to the school. He said he would make a point of bringing it up to the Youth in Government Day to see if they could get the Students Councils' support so that high school kids would be aware of the problem. City Manager Cheney said the question of funding traffic signals is probably not very good. Although it~ is difficult to get out of Chapel Hill Drive, he brought out that it is still not a great deal of traffic compared to Seacrest, The demand for traffic signals throughout theCounty is so great, City Manager Cheney thought it probably would not stand'¥ery high on the priority level. We can move with the signs. Mayor Trauger suggested that City Manager Cheney submit the request, for consideration, to the County EngineeringDepartment to see if they may approve signalization on Seacrest. Councilman deLOng made Mayor Trauger's suggestion into the form of a motion, which was seconded by Councilman Wright, Motion carried Gordon Dunsmore, President of High Point West, 1901 Sou~h Seacrest Boulevard, stated that they have been before the Council many times trying to get a drainage problem taken care of where the cemetery meets their north boulevard. They had a meeting with Councilman deLong and City Manager Cheney on the matter, and Mr. Dunsmore was well aware that there are a multitude of things that have to be done by the Council. Mr. Dunsmore still wanted to know if there was a possibility of any immediate action being taken on the matter. Councilman deLong noted that the matter has been hanging fire for about seven years, to his knowledge. City Manager Cheney commented that it has been hanging fire for a long time. As he understands it, City Manager Cheney said the drainage-in the area probably used to run off on the cemetery, The cemetery, in that corner, had been improved over the years. Sometime ago, a suggestion was made to solve the drainage problem by having the water pour into a swale or an impounding area on the cemetery property. Mr. Cheney continued by saying that it was concluded at that time that there was some question as to whose responsibility the solution was. Was it the City~ Cemetery Board or was it High Point Develop- ment? City Manager Cheney said some objections were also raised about providing for the drainage to go into the cemetery~because it would go into some saleable lots in the cemetery. He gathered at the time, the whole issue died. City Manager Cheney said the City had been looking at it recently at the request of Mr. Gordon Dunsmore and members of High Point. City Manager Cheney said they had two or three suggestions,~and they will meet with them in a week or so to talk about them. The suggestions all have to do with swaling and removing some of the pavement in the corner, and possibly providing some swaling - 16 - MINUTES - REGULAR GIT. Y COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 along the hedges at the fence line and bo,th of the hedges that go in an east/west direction and a north/south direction, and possibly lowering the grassed area on the building side of the roadway so that some of the water can be collected in swales on the southeast side of the curVe. City Manager Cheney said the question also comes up as to who is going to.pay for all of these things. He thought they want to sit down and see if this kind of solution might be adequate to solve some of the water problems. City Manager Cheney stated that the~ City did not propose that they will do enough swaling to sot~e the water problem we had a couple of weeks ago, but High Point's particular problem is recurring, so the City proposes to meet with them and talk about some of these things and see if they appear to be acceptable to High Point. Mr. Dunsmore asked Mr. Cheney if he would be contacting them. City Manager Cheney replied that they would in the next week, Councilman deLong advised City Manager Cheney that there has also been an encroachment situation over there s!nce the development was constructed. He thought that should also be cleared up. City Manager Cheney.agreed that there was an encroachment, and stated that High Point encroaches on the cemetery property, He said it was assessed about a year ago, and he thought they would have to work out the sale of City land to High Point because there was no way to reasonably move the road, as it would crowd the rear of those apartments too much. City Manager Cheney advised that they would have to address that situation. BIDS swale Construction for ~D'r~inageImproVements ~ Engineering City Manager Cheney informed the Council that the bid was for a swale and sodding program throughout the City and ties in with a budget decision made by the City-Council when they put aside $75,000.00, He'reminded the Council that they put aside $75,000.00 this year for drainage improvements. City Manager Cheney said.it was recommended that two bids be awarded, one for the sodding of the swales and one for drainage improvement (which would be the digging of the swales). This would leave approxi- mately $45,000.00, and within two or three weeks, City Manager Cheney said he would be back with some recommendations as to how to allocate the existing money. Councilman deLong moved to accept the recommendation of the Tabulation Committee and award bid ~1 for swale sodding to the low bidder, The Garden Store, Boynton Beach, in the amount of $19,888.98, and award bid 92 to the low bidder for drainage improve- ments to Keatts Trucking Services, Inc., Boynton Beach, in the amount of $9,211.50 ~, ~' ~ ~ . ~- a t'ot~l ~.~.d of $29 100 48. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Counci~ember Woolley seconded the motion. 4-0. The motion carried Atomic Absorption Spectrophotometer - Utilities City Manager Cheney advised that this bid has to do with.~the water plant and in connection with continual improvement of.the treatment process at the water plant. City Manager Cheney remarked that Mr. Perry Cessna, Director of Utilities, should be present, as he won an award ...... city Manager Cheney stressed that the City needs to have this kind of program~in order to do the testing that has to be done. City Manager Cheney said~ the City hopes to improve its laboratory and to'make ihs laboratory services available to other public treatment facilities in the area so as to return some of the costs involved in this expensive equipment, City Manager Cheney recommended that the bid be awarded. Councilman deLong moved, seconded ~by Councilman Wright, to accept the recommendation of the Tabulation Committee and award the bid to Instrumentation Laboratory, Inc., Decatur, Georgia, in the amount of $19,609.48, Motion carried 4-0. DEVELOPMENT PLANS Request for Excavation and Fill Permit - South Palm Beach Commerce Park, off High Ridge 'Road and Miner Road near SCL Railroad.,TABLED Councilman deLong moved, seconded by Counc±lmember Wright, to leave the question on the table. Request Preliminary Plat Application Approval submitted by Ridge~ wood Builders, Inc. for the construction of 100 uni'ts at the Ridge Pointe Woods Villas PUD (located on SW 23rd Avenue and Seacrest Blvd.) Carmen Annunziato, City Planner, informed the Council that the request was for the approval of a preliminary plat for the Ridge Pointe Woods Villas Planned Unit Development. He reminded the Council that they had seen the application before in the master plan, which was approved as a part of the PUD zoning. Mr. Annunziato said the plan provides_fo~ the construction of 100 units in a fee simple mode. He said they are blocks of units which are connected, and there are either four or six units to a group. As he mentioned, Mr. Annunziato said it is proposed that the units will be sold fee simple with the owner purchasing, for example, Block 10, Lot 4. He explained that Lot 4 will be a zero lot line, common wall unit served by its own driveway and its own garage. Mr. Annunziato said there are peripheral setbacks, consistent with the zoning, and all areas not occupied by a lot and block are common areas, and they are composed of a recreation area which he - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 would give further information on in connection with the site plan, and private roads which will be owned and maintained by the homeowners but constructed to City standards. Mr. Annunziato asked the Council to recall that access to the site is from Golf Road and the appl±¢ant was responsible for dedicating an additional 15 feet of right-of'way for Golf Road, which is shown on the plat. Additionally, the applicant had to show on his plat a five foot limited access easement, Mr. Annunziato continued, and as a part of the waster plan approval, he asked the Council to recall that there was an 80 foot ingress and egress easement in the northeast corner of the property. Mr. Annunziato said this serves as the entrance to High Point. At the time of the master plan approval, Mr. Annunziato had suggested that~ the applicant attempt to transfer this easement to the High Point property owners. It was obvious that it could not be required because it was subject to the High Point property owners accepting the easement. Last Tuesday~ Mr. Annunziato received a call from the owners of High Point, indicating that ~they.were going to vote on accepting the easement from the property owners of Ridge Pointe Woods, and taking control of the access to their site. Mr. Annunziato said the application went to the Planning and Zoning Board with a positive recommendation, subject ~to two memos. Incorporated in the memos are many technical issues which have been primarily resolved, Mr. Annunz±ato advised. He said they would be reflected in the final plat. One important issue the Planning and Zoning Board had to act on concerned setting the land value for recreation and parks dedication purposes in connection with the City's ordinance. The applicant submitted an MA! appraisal which confirmed that the land value per unit for each of the units was $6,500.00, resulting in a value of some $650,000.00 for the land. On a per acre basis, this turns out to be $46,628.41, Mr. Annunziato informed the Council, which was the recommendation the Planning and Zoning Board accepted as the land value per acre in connection with the Recreation and Parks dedication requirements for subdivisions. Mr. Annunziato continued by saying the Planning and Zoning Board, based on-the recommendations of staff, recommended to the City Council that the application be approved, subject to staff comments. The vote was 5-2, with Messr.s. Wandelt and Winter dissenting. The dissenting comments were based on two things, Mr. Annunziato thought. One concerned the circumstances of- the vegetation' which existed on site prior to the land clearing operation by the developers. Mr. Annunziato thought the second one was the feeling that there was some congestion on site. He added that the density on the location was similar to the density in High Point. Concerning the issue of tree cover, Mr. Annunziato said he was working very closely with Kevin Hallahan, Urban Forester, in this instance, and Mr. Hallahan has been working very closely with Mr. Arnold Moretto, Ridgewood Builders, Mr. Annunziato told the Council - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 they would see the nature of the landscaping, when he presents the site plan, which will result in about 300 full-grown trees being replaced on site. In addition, Mr. Annunziato said Mr. Hallahan, Urban Forester, was working with~Mr. Moretto in connection with a nursery to establish a tree bank of some 500 pine trees, which will be set and then transplanted to the site over a period of time, which will result in the reforestation of the natural vegetation that appeared on the site prior to~ the land clearing. CoUncilman deLong pointed out that there were eighteen ~ items from the City Engineering Department about deficienCies, items from the Building Department, and from the City Planner. Council- man deLong could readily understand the concerns of the two dissenting voters on the Planning and'Zoning Board. Councilman deLong was concerned that all of the comments be cleared up because sCme~them~er~s~ious~innature. He thought they should all be cleared up before anything is mowed at all. Mr. Annunziato responded by informing the Council that the appli- cant had resubmitted plans which cleared up 99% of the technical issues. Although the two memos were long in nature, Mr. Annunziato advised that a lot of the items were very small in consequence. Some were larger than others concerning the land values and the boHd amounts, but they have all been addressed by the owner, Mayor Trauger asked what the view of the Community Appearnce Board was, CoUncilman deLong replied, "U'ery good.," Mayor Trauger called the applicant forward, so that the AsSistant City Attorney could be satisfied that the appliCant would meet the stipulations as specified in the memorandums referenced by the City Planner. Arnold Moretto, 2510 S, W. 12th Street, Boynton Beach, came forward. Mayor Trauger asked him if he understood the stipulations mentioned in the memorandum of Carmen S. Annun~ziato, City Planner, dated April 8, 1982, and in particular, the one dated April 9, 1982 from William Flushing, Assistant City Engineer. Mr. Moretto said, "Yes, I do." As far as Mr. Moretto'knew, they had completed, like Mr. Annunziato said, 99% to 100% of those items. Mayor Trauger asked Mr. Moretto to state, for the benefit of ths Assistant City Attorney, that he would comply in full with those directives. Mr. Moretto answered, "Yes, I will." Not knowing the City's custom, Manley P. Caldwell, Jr., Assistant City Attorney, asked if any of the matters should be made subject to the PUD written agreement with the developer. Mr. Annunziato replied, "No." He explained that these were technical items Which apply to the plat document. The homeowners' association documents have already been reviewed, Mr. Annunziato advised. ~ttorney Caldwell felt that was adequate. Councilmember Woolley moved to accept the preliminary plat appli- cation, subject to staff comments, seconded by Councilman deLong. Motion carried 4-0. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Request Site Plan Application Approval submitted by Ridgewood Builders, Inc. to construct the Ridge Pointe Woods Villas PUD (located on SW 23rd~Avenue and Seacrest Blvd,) Carmen Annunziato, City Planner, apologized for the clarity of the overlay he presented to the Council. He felt the Council could get a concept of the layout of the units and the recreational facilities as they~apply to the PUD. He pointed out-the building locations and the configuration in the circle of the figure 8 of the interior roadway, the entrance road which was divided with a landscape media, and the placement of the cluster and accent landscaping as it applies to the units. Mr. Annunziato also showed the recreation area which consists of a Club house, a pool', shuffleboard, a~d barbeque area, as well as a picnic area.. He said there is a vita course which circles the property and serves all of the residents of the homeowners assoc±ation. Mr. Annunziato further informed the Council that the applicant is proposing to construct a wall which will be constructed of concrete block and stucco' with segments raised above the concrete with wood, and it surrounds on the east and the south the property in question. In addition to the wall having the two features of the concrete and the wood, Mr. Annunziato said there would be indentations every fifty feet or so which will either 'have a tree planted or a bench attached to the wall, where there will be a place for people to rest while they are walking. Mr. Annunziato said %he Council might recall that the applicant was required to construct a six foot concrete bicycle path adjacent to his frontage on Golf Road. He said it would work very nicely in conjunction with benches and the landscaping. Mr. Annunziato told the Council that the application went to the Planning and Zoning Board with the positive recommendation of the City Technical Staff. The Planning and Zoning Board in turn has recommended to the City Council that the application be approved, subject to the staff commits, as noted in the memorandum from the Building Department, as follows: Building Dept. "1. Board of Health permit will be required. 2. County turn-out permit will be required." The Planning and Zoning Board recommended that the application be approved. The vote was 5-2, with Mr. Wandelt and Mr. Winter dissenting, basically for the same reasons mentioned by Mr. Annunziato in connection with the preliminary plat. Councilman deLong moved to accept the recommendation to approve the site plan, subject to staff comments, seconded by Councilmember Woolley. ~yor Trauger asked if the entrance on .23rd would be controlled with a guard house or a gate. Mr. Annunziato replied, "No." A vote was taken on the motion, and the motion carried 4-0. - 21- MINUTES - REGULAtoR CITY COUNCIL MEETING BOYNTON BEACHt FLORIDA: ~ APRIL 20, 1982 Request Site ~evelopmentPlan Application Approval .submitted by James M. Reinders for Ronto Developments Florida to construct a replacement wall along Congress ~venue at the Silverlake Estates PUD (2325 SW 23rd, Cranbrook Drivel Mr. Carmen Annunziato, City Planner, said this was something the City and many City residents had been waiting anxiously to have resolved. He said it was a replacement wall at the Silverlake PUD. He reminded the Council that Cranbrook Lake Estates was the name upon which it was initially approved and developed. In connection with.theCranbrook development, Mr. ~nnunziato informed the Council that the wall was constructed on Congress. The wall was placed on a minor elevation berm~ The result of %his was that, given a future cross section of Congress, the proposed side- walk elevation would have been below (at certain locations) the footer elevation of the wall that currently exists, Mr. Annunziato explained. This resulted in somewhat of a war between Palm Beach County and the developer at tke time with threats of lawsuits. Subsequently, no permits were issued to'landscape the rights-of- way between the wall and Congress to the effect ii~0.f' what would seem a somewhat deteriorating condition. Mr. Annunziato said they were proposing to reconstruct the wall, have it indented in a manner similar to this, landscaping the indentations, and making it off of the right-of-way enough to where it is deep enough so that the future elevation of the side- walk with Congress will not conflict with the elevation of the footer for the wall. Mr. Annunziato thought it would satisfy the requ±rements of the County Traffic Engineer. He said several attempts were made to coordinate this construction with the County. Mr. Annunziato said this type of arrangement is proposed in connection with a typical cross section for Congress. Mr. Annunziato told the~Council that the application went to the Planning and Zoning Board with a positive recommendation from the City Staff, subject to two memos, as follows: Building Dept, "It would be this office's recon~endation that the developer contact the County Road Commission as-there would appear to be a conflict of construction, if and when the County widens Congress at this point. Accordingly, this is relative to elevation of .footer and cons%ruction roc~ available for equipment." Mr. Annunziato said what the City is asking is for the developer to submit this to the County for their deliberations and to respond to the City in writing. As he mentioned, there was no elevation for Congress which the applicant could go from. What he did was take a typical that was being constructed in another location and address his foot elevation, based on that typical. Utility Dept. (Mark G. Law, Utilities Syst~ns Super- visor "I reviewed the site plan for the above, The developer does not show the existing 20' eas~aent and the 36" force main within that easement. The Utilities Department will require a written agreement releasing the City of Boynton Beach frcm any restoration to - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Utilities (Cont ~ ) the block w-all or landscaping that might be required should repairs need to be made on the existing force main." Mr. Annunziato thought this was the typical situation where there is wall construction on a utility easement where the City has, in effect, required a hold harmless agreement favoring the City over the property owners. The applicant agreedto do that. James M. Re±nders appeared on behalf of the applicant, Ronto Developments Florida, and said he resides at 2507 S. W, 23rd Drive, Boynton Beach, Florida. He said they were aware of the stipula- tions that they received from staff.as to-the hold harmless agree- ment. Mr. Reinders stated that they were in the process of preparing an agreement for submission to counsel for the City for their approval. Mr. Reinders further~informed the Council that they have been. in touch with the County Engineering Depart- ment and will, in any even~ assuming their success in the approval process, go to the County in order to get permits fr~m them for some of the grading work to be done on the right-of-way there, sprinkling systems,~and'~lso~the~seedingOf the right-of-way. Mr. Reinders said they would proceed to work hand in hand with the County to assure their satisfaction with the end result. Mayor Trauger asked Assistant Attorney Caidwell if he was satis- fied that Mr. Reinders understood the request and responded sufficiently for the City. Mr. Caldwell asked Mr. Reinders if he understood the subordination form with the City. Mr. Reinders said he understood~ Councilman deLong moved to accept.the unanimous recommendation of the Planning and Zoning Board and approve the site plan, subject to staff comments. Councilmember Woolley seconded the motion. No discussion. Motion carried 4-0. Request Site Development Plan Application Approval submitted by Julian T. Bryan, III for C & H Properties to construct Tract "B" .of the Meadows 300 PUD (located on the south side of Meadows Blvd. west of Congress kvenue) City Manager Cheney informed the Council that the application was not approved by the Community Appearance Board at their meeting last night (April 19, 1982). Therefore, he recommended that it be tabled. Councilman Wright moved to table the site plan, seconded by Councilmember Woolley. No discussion. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING None. - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Ordinances - 1st Reading: Proposed OrdinaNce No. 82-10 Re: Amending Beach Decal Ordinance to provide for Replacement 'DeCals Assistant City Attorney Manley P. Caldwell, Jr. read proposed Ordinance No. 82-10 by title only: "AN ORDINANCE.AMENDING S~C~ION 16-82, 'RULES, REGUIATIONS CONTROLLING PARKING OF VEHICLES AT MUNICIPAL BEACH PROPERTY LOCATED WITHIN THE TOWN OF· OCEAN RIDGE, POLICY NO. 1. PARKING PERM_ITS'." Councilman deLong moved the adoPtion of proposed Ordinance No. 82-10, seconded by CounCilmember Woolley, Mrs. Tereesa Padgett, City Clerk, took a roll call vote on the motion, as follows: Councilman deLong - Aye Mayor Trauger - Aye Councilmember Woolley - Aye Councilman Wright - Aye Motion carried 4-0. Proposed Ordinance No. 82- Re: Granting CATV Franchise to UTA Cable Corporation (Tabled from 4/6/82 Meeting VII Legal, Other) Assistant City Attorney Caldwell advised that City Attorney Vance briefed him on this today. Apparently, it was tabled from the other meeting to take a look at some of the amendments incorporated by the City of West Palm Beach in their recent cable television ordinance. Councilman deLong moved to permit the question to remain on the table, seconded by Councilmember Woolley. Motion carried 4-0. Resolutions Proposed Resolution No, 82-GG Re: Mechanism for Municipal Govern- ments to Receive State Revenue Sharing Funds by'Wire Transfer Assistant City Attorney Caldwelt read proposed Resolution No. 82- GG by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE DEPARTMENT OF BAbSC/NG AND FINANCE OF THE STATE OF FLORIDA IN ACCORDANCE WITH SECTION 17. 075, FLORIDA STA~ AND THE FLORIDA DEPARTMENT OF ~ IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A B~NK TO.RECEIVE THE REVENUE SHARING STATE WARRANT; A~Q~ING/THE~r~ S ~TO WIRE TRkNSFER SAID REVENUE SHARING FUNDS TO A BANK DESIGNATED BY THE CITY OF BOYNTCN BEACH TO RECEIVE SUCH FUNDS; kND FURTHER TO AUTHOR- IZE THE BANK DESIGNATED BY THE DEP~ OF BANKING AND FINANCE OF THE STATE OF FLORIDA AND THE FLORIDA DEPARTMENT OF REVENUE TO - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RS~EIVED FOR TRANSFER." Councilman deLong moved the adoption of proposed Resolution No. 82-GG, seconded by Councilmember Woolley. City .Manager Cheney commented that this is a brand new thing which the State is making available. It is a lot easier for them, because they just transfer it by wire.. He said the City had to adopt the Resolution~to-meet the State's Statutes and regulations. He said it came from Tallahassee and will come to the City through the Florida National Bank, which is the City's regular bank. City Manager Cheney felt it would be a much more efficient way. Mrs. Padgett took a roll call vote on the motion, as follows: Mayor Trauger - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Resolution No. 82- Re: Opposing Casino~Gambling in the State of Florida - Requested by Vice Mayor James R. ~Warnk~ Councilman deLong moved to lay the' question on the table, seconded by Councilmember Woolley. Motion carried 4-0. Proposed Resolution No. 82-HH Re: East Coast Railway Amended Agreement with Florida Assistant City Attorney Caldwell read proposed Resolution No. 82- HH by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIPd~CTING THE MAYOR kND CITY CI.~RK TO EXECI/fE ON BEHAL~ OF SAID CITY AN AGRFmu~KNT WITH FLORIDA EAST COAST RAILWAY, IN CC~JUNCTION WITH THAT CERTAIN AGREEMENT THAT WAS EXECUTED BY THE CITY BY AUTHORIZATION OF RESOLUTION NO. 81-AA." Councilman deLong moved the adoption of proposed Resolution No. 82-HH, seconded by Councilmember Woolley, Mrs. Padgett took a roll call vote on the motion, as follows: Councilmember Woolley - Aye Councilman'Wright - Aye Councilman deLong - Aye Mayor Trauger' - Aye Motion carried 4-0. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Other Consider Beach Concession Lease City Manager Cheney presented to the Council, as they instructed at the last meeting, the lease to the beach for Mr. Lichtenstein that is similar to the lease that is currently in effect. He was sure that the Council wanted to have an adjustment in the annual rental rate similar to the same adjustment that had taken place in the last five years, even though the suggestion was that the lease be the same, so the attached lease incorporated the change. He raised some questions to the Council in his memorandum to them dated April 20, 19.82. City Manager Cheney's recommendation to the Council was that they not continue with a lease'similar to the one they did have. His reasons for 'that were identified in the memorandum. COuncilman deLong moved that the lease, as presented, be executed. Councilmember Woolley seconded the motion~ Motion carried 4-0. Administrative '-Requested by Councilman deLong Councilman deLong wanted some clarification w±th regard to the agreements being signed with the people in the unincorporated area, where they sign the agreement when they become contiguous that they will petition for annexation. He alluded to a spot where they just use it to rent out space for signs that are not compatible with our local sign ordinances. Councilman deLong pointed out that the City has the unique situation of having thirty acres or more that is sandwiched in the City boundary line, and this parcel of land is surrounded and borders or is contiguous on three sides to the city limits of the City of Boynton Beach. Councilman deLong wanted to make certain that when these people come in, that immediately they will have to petition for annexation. To City Manager Cheney's knowledge, the City has had very little contact with the property owners. He was sure that when they agree to enter the City, one of the City's conditions of annexation can be the demolition of those two billboards. City Manager Cheney thought there would be no problem in bringing that about because he suspected that when they get ready to develop, they will want water and sewer and it seemed to him that that motto of "Give and take" would take place at that time. The point Councilman deLong was trying to make was that when they come in, they do not sign any agreement. They immediately petition because they are surrounded on three sides by the City. What City Manager Cheney was saying was if they sign that agreement, they are automatically signing their agreement for annexation right off the bat. Councilman deLong thought the agreement could stand a little amending. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BQYNTON BEACH, FLORIDA APRIL 20, 1982 Counc±lmember deLong mc at the next meeting of can get some suPport whi contiguous to a townsh±] with the Codes of those Councilman deLong wishe~ issue up and see if we has its own Codes and ti according to the County municipality or townshi] Councilmember Woolley cz office does not haue an. residential sections, that the piece of land all agricultural land ii boards. Councilman deL~ as Agriculture until thc Councilman Wright sec~n~ Council's wishes pertai] the County League of Mu] Councilmember Patricia Councilman Wright info~ response from the Count~ with the City's request the City could get some that the City had not mi the City asks the Coun~ do about the billboards' not do anything. Counc~ annexation plans with ti A vote was taken on the Councilmember Woolley a~ question of the billboa~ was anything they could He said he had pictures the Council felt it was about the beautificatio] the signs up without ew they might address the Springs how they would their front door yard. the bank should do thei~ feeling that the bank i: to their beautiful sign Councilmember Woolley ac ally. She went in and red that Councilmember Woolley be instructed ~he League of Municipalities to see if she re unincorporated areas border on or are or municipality, that the County complies places that they are contiguous to. to have Coun¢ilmember Woolley bring the ~an get County support. He said the City ~e County' permits the people to build Code. Later on, the people come into the and they are non-conforming uses. mmented that the County Building Official's ~thing in regard to being so close to ~±ty Manager Cheney info~rmed the Council .s zoned in the County as Agriculture, and ~ the County is permitted to have bill- )ng remarked that all CountY land is zoned ~y develop ~ed Councilma~ deLong's motion that the City ~ing to annexation procedures be referred to ~icipalities by the City's representative, ~oolley. ~ed the Council that the City did receive a before saying they were unable to comply Counc£1man deLon~ still wanted to see if support. City Manager Cheney asserted ~de a request to the County. He said if League of Municipalities what they can the County League of Munnicipalities can ~lman Wright was talking about the ~e County. motion, and the motion carried 4-0. ~ain asked t~he Council to consider the ~ds and asked City Manager Cheney if there do. .City Manager Cheney did not believe so. if they want pictures. He thought,~ if proper, they could express their concern ~. City Manager Cheney suspected they put ~n thinking about it. He told the Council )ank and Indian Springs, and ask Indian ~ike a billboard of that nature across from City Manager Cheney suggested that maybe advertising on their own side. He had a surprised that there is any opposition vised that she addressed the bank person- ~poke to the Bank President. Council- member Woolley said she was not very well received. She added that he was very surprised and a~ked, "What is wrong with the people in Boynton Beach? Can't I put a sign there?" The next - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 response was, "I 't put the sign "which Councilmember Woolley said was e, as it was not sign. Mayor Trauger that the an official letter to the County Commission voicing its and, more or less, suggesting that they might propose an ordinance to sign control, and then address a separate copy to the head-' organization of the banks, expressing~ the City's displeasure with the signs. Councilman deLong told Mayor Trauger it appeared to him that any moves along those lines would not have much effect because they are in compliance with the County sign ordinance. Mayor Trauger commented, "Nothing ventured, nothing gained." Councilman deLong agreed that it may help, and he could understand what Councilmember Woolley meant about the reception, Several people called Councilman deLong that had called the bank, and they got "chilled" also. Councilman Wright asked if people had been complaining about the billboards, Councilmember Woolley replied, "Lots of' people." She had the feel±ng' that the signs were going to go, one way or the other, whether legally or illegally. Councilmember Woolley advised that they are huge billboards, and if she bought a $195,000.00 home in Silverlake and sat on her back patio and looked at an atrocious billboard, she would guarantee that she would be out there doing something. Councilman deLong remarked that something should~be done. He gave the example that the City has a real estate company within the City, and the City prohibits advertisements on'benches. He said there was a bench on Gulfstream B~uleva~d~ and also on Federal Highway with advertisements on it. When'the inspectors told them about it, they just politely moved them across the street on the opposite corner, which was in the unincorporated area, Councilman deLong said there should.be cooperation between the County and the municipalities. City Manager Cheney pointed out that the CoTran bus system has been promoting the idea of bus stops that are paid for, They · advertise according to bench sales for the bus' stop, City Manager Cheney said it was ap a~t.of the CoTran system, In 1970, 1971, 1972, the City was just loaded with benches, Council- man deLong said, and there were advertisements on all of them, It was really a carnival atmosphere, Councilman deLong recalled, and the City bought the benches from the people who sponsored this~ He said it was a local civic organization. It was outlawed at that time. Mayor Trauger referred the Council baCk to the billboards and suggested that perhaps the Chamber of Commerce could assist the City in putting pressure on the'banks to help get the signs down. Councilmember Woolley said she talked to ~Dr. Massella, President of the Chamber of Commerce, who lives across the street from one of the signs. Councilmember Woolley said Dr, Massella would rather not have to get used to seeing that sign there fora long period of time, He did not care for the sign, Councilmemb~r Woolley advised, and that was putting it mildly. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Mayor Trauger reiterated that he would like to see the City send a letter to the County Commission saying that the City disapproves of the signs and urging them to do anything within their power. Secondly, Mayor Trauger wished to have a letter addressed to the main corporate headquarters r~ ~.~.,~ i~'77- of the bank, and a letter of information to the local bank, and a letter to Indian Springs, expressing the'City's displeasure. Councilman deLong made Mayor Trauger's above recommendation in the form of a motion, which was seconded by Councilmember Wooltey. The motion carried 4-0. Auxiliary - requested by Councilman Joe deLong Councilman deLong recollected that at one time there was a Police. Auxiliary. He said City Attorney Vance came up with the legis- lation to include the volunteer firemen who were still with the department in-the pension system. Councilman deLong advised that there were two fellows in the Police Department that were members of the Police Auxiliary, and both are now in the Detective Bureau. Councilman deLong referred to Larry Gamble, whO was sworn in on the 12th day of February.; 1965 as an Auxiliary Patrolman, and he joined the force on March 1, 1969. The other one is Harold Miller, who joined the Auxiliary on the 10th day of October, 1959 and joined the regular force on November 29, 1962, In all fairness to those two men, if this protection was extended to the firemen, Councilman deLong thought it should be extended to the members of the Police Department insofar as longevity as far as their pension is concerned. ~ Councilman deLong moved to have the City Attorney, in conjunction with the City Manager, come back~ with some type of legislation to take care of these two members of the Detective Bureau. Council- member Woolley seconded the motion Councilman deLong said the Fire Department was already in. Councilman deLong explained to Mayor Trauger that what has to be taken care of is the Police Department. Councilman Wright asked if all of the employees were protected. Councilman deLong replied that. there were only two of the auxiliary left on the regular~ force. So that he could understand what to tell City Attorney Vance, AsSistant City Attorney Caldwell asked if that was giving them longevity. Councilman deLong replied, "Yes, in the pension." Attorney Caldwell asked if it would be back to when they~became members of the Auxiliary. Councilman deLong said that was right. Mayor Trauger asked if everyone understood the motion. taken on the motion, and the motion carried 4-0. A vote was - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLQRIDA APRIL 20, 1982 OLD B'US!NES S Approve Staff Recommendations for-NecessaryCapital Improvement Projects for S~b~iss'fo'n 'to CoUn'ty Engineer City Manager Cheney passed out lists of Roadway Improvements, Traffic signal Improvements, and Bicycle Path Improvements that they are forwarding to the County, He said they were more extensive than what,was presented before. City Manager Cheney said they were talking about improvements as shown~.'.on the lists attached hereto and made a part hereof. Mayor Trauger asked City Manager Cheney if there was a deadline on this. City Manager Cheney answered that it had to be in by the end of the month. He informed the Council that there were a number of traffic signal improvements and a~number of bicycle path improve- ments. Obviously, the cost is extensive, City Manager Cheney, told the Council, but they are projects which need to be considered by the County in their capital improvement program for the area, He stated that they are all County projects. Some of them, like bike paths, City Manager Cheney said, the City would be sharing with'the County When ~they are in the City limits. He said they were all parts of costs that the City will have to face up to, acknowledge, and decide we are going to do it. City Manager Cheney recommended that the Council have them sub- mitted to the Board of County Commissioners for their consider- ation, so they cannot say they never heard from Boynton Beach. Councilmember Woolley asked if they were listed in order of importance. City Manager Cheney said they were not, because they have areawide benefits, and they would prefer to let others decide which one should come first because some of these may tie in with other situations. Councilman deLong moved to approve the staff recommendations for necessary capital improvements' project for submission to the County Engineer, as established on the priority list of the City Manager. Councilmember Woolley seconded the motion. Mayor Trauger questioned City Manage~ Cheney concerning No. 5, "Bridge cross-overs on Congress Avenue at L.W.D.D. Canals ~27 & 28" under "Bicycle Path Improvement. s", As Mayo~ Trauger recalled, these two were rather expensive When proposed a couple of years ago. He asked if it was because of the expense involved in bridges. Mayor Trauger asked if the City was in danger of knock- ing out consideration for the City'!s other projects which he considered rather vital, particularly N. W. 22nd Avenue between MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Seacrest and U. S. 1. City Manager Cheney didnot think so. He hoped that the bike paths on the canal would be addressed when the road~ ~_~hose~i~tions~FO~xample,-C~ngress Avenue is being in the mallrand Motorola area, and the bike paths are being put in, in accordance w±th~the widening of the road. Mayor Trauger asked if that wording could be put in. City Manager Cheney assured him that the City w oald do that. A vote was taken on the motion, and the motion carried 4-0. Consider Policy Changes from Golf Course Advisory Committee City Manager Cheney informed the Council that they received some proposals for some amendments to the' process for permits to golf course membership. He said it was reviewed by the Golf Advisory Board last night and with a couple of minor changes was approved by the Board. One addressed a lottery for County residents ~(non-City residents) which will be held on Thursday., May 6, 1982 at'~e Ci%~c Ceh~er~Auditorium. On page 3 of the report, where they talk about refunds of the second payment or 3/4' payment; City Manager Cheney said an additional ~reason for having a refund was added, which would be "e) death of the applicant" because a disability would not handle that. On ~e ~aph "F", in the fourth line, City Manager Cheney said ~?it shoUld read "later da~e, at~l'eas~ two months" and last line where it says "S-~p D above,!' it should read ~Step C~ above.!' In summary, City Manager Cheney said they have more than the maximum allocated number of applications from the non-City resi- dents. Therefore, they need a lottery. He informed the Council that they have less than the number from City residents and .do not need a lottery. All of the people from the City will simply be kept in chronological orders. All of those in the County will come out and the lottery will be for those who submitted their appli- cations prior to the end of March. They will be in the lottery or will be on the next waiting list. Those after March will be in the chronological list. It provides for an additional payment prior to October 30th, which is nonrefundable except for a few limited reasons, that payments will guarantee a first annual membership of $500.00. People say, "Why should I put up my money ahead of time?" City Manager Cheney explained that the City likes the money ahead of time because, obviously, they make money on it. The City does not plan to pay interest but plan to guarantee the amount of the first year's payment, so people who put that money up ahead of time are guaranteed an annual fee, and the City will have an indication of how many people are going to join up to play. - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Also included was if anyonewho-'paid.~theirlf~st $50.00,~ntsthei~ money back, they can have their money back, City Manager Cheney continued. He said ~the Board thought they made it very clear what the payment of.the first $50.00 meant. However, there was some confusion so they were recommending that if the people want their money back, let them have it back for the first $50.00. They will write them all a letter, sending them a copy of the process so, hopefully,~ they will all understand. Councilman deLong moved to approve the policy changes from the Golf Course Advisory Committee, seconded by Councilmember WOolley. The motion carried 4-0. American LegiOn/Day 'Care Land SWap City Manager Cheney had nothing more to report other than what 'is~ contained in his memorandum Of April 12, 1982 to councilman Samuel Wright. He indicated in the memorandum that Rev. Douglas Davis had asked that the matter be placed on the ~agend~.aga~.~forthismeeting, Rev. Douglas Davis, 301 N. E. 13th Avenue, Boynton Beach, Florida, informed the Council that he (~epresenting the American Legion) met with the Day Care Center. Rev. Davis stressed that time is ~astly coming to a close for him, as he is not getting any younger. If possible, Rev. Davis wanted to get the matter closed once and for all due to the fact that people are holding money in escrow for them, providing they can make the deal and start ~their building. Rev. Davis pointed out that if you are going to give someone some money and they cannot come up with a plan to start building, you will find some other source to give your money to. Revl Davis said the American Legion was losing money because the City will not grant them the swap~ He asked the Council to negotiate, because the American Legion is ready, Rev. Davis asked the City to notice .that everytime there is a parade, Leroy Parker Post 288 carries the colors. He said they respond to the City's call. If the City needs help to do some- thing, they are there to do their part. He asked the Council why they could not sit down and negotiate and get the matter closed once and for all. Rev. Davis informed the COuncil thst they had .property over on 22nd, on~R~h~and-3~ and around ROlling Gree~ Ridge. The City of Boynton just has property, Rev. Davis commented, so what is the hold up? He asked why the Council could not do something. Rev. Davis told the"Council when they get ready to meet, they have to say, "Could we please use the place?" He emphasized that they have no place to meet. Rev. Davis informed the Council that these are Wo~ld War II veterans, and some were World War I veterans who are now deceased. They still do not have a home. Rev. Davis said they purchased the '~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 property and the City knocked them down there. He asked why. Rev. Davis advised that Day Care is not doing anything. If they do not build there, he asked the Council to let them build on 22nd. That would be no problem to them. Rev, Davis said they just want a place they can call their own home. He'~told the Council to look at him and said he was 58, with only a few more years left. Rev. Davis said he would like to see the building go up so his name could go on the p~aq~ea~d his grandchildren .and children could say that their father or grandfather helped with the construction of the bUilding. He said he has been fighting for the building and thought now it was time for them to sit down and seriously negotiate for something. Councilman deLong said.the consideration for these~people was long overdue, and the hardship that they are presented with was caused by the City as a result of a piece of land that they did purchase originally as a building. Councilman .deLong'is sympathies were with them. As a veteran himself, CounCilman deLong pledged his 100% support. He thought it had been hanging fire much too long and deserved all of the consideration that the Council could give. Councilman deLong said there had not been one occasion since he has been a resident of the City when Leroy. Parker Post 288's Color Guard has not shown up when others ran away from the particular affair. He felt they should be commended for their patriotism, and CoUncilman deLong said there was a lot needed in the nation today. Councilman deLong knew of no reason why, with the 13 plus acres the City has at 22nd AVenue, ~i~ would'interfere with any shooting range, He said the City also has an ~indoor shooting range. Council- man deLong felt the City was.±n a position to swap a piece of land for the land that the Legion owns. He further suggested that in the swapping of the land, they put it up for public bid, sell it, and put a decent road in there so that people could get in and out where the FOP is at the present time. Councilman deLong advised that the road had to be widened as you risk-an accident every time someone comes out and someone else is trying to go in. He thought some attention should he-given to that. He also believed that the sale of the property would help to get the 'road constructed. Councilman deLong moved to turn the matter over to the City Manager in conjunction with the Director of Recreation and Parks, who has plans for that parcel of land.up there, and also the City Attorney to arrange and go forward with the swap, He said they should come back to the Council and~have everything molded together, so the Council can take the final action on it. Councilman deLong thought they would be very much satisfied up on N. W. 22nd Avenue and believed they were entitled to a spot up there where they could enjoy themselves. Councilman deLong thought it was the most appropriate place and expressed that he would not want to see them on 3rd Street and 9th Avenue because there would be. congestion there, and 'i't wa~-not t~e'~p~ro~iate.p!~ce for '~hem.-. He.n~ there.: was pte~f~-'~ac~aa~i~~i~ac~e~'u~ 0~ 2~'~venue a~d felt that is Where they should go. - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 There was one part of 22nd that Mayor Trauger was not so sure of. He said it would require qu~te~'~a~-~ roadway to get in there, and asked who would build the road. Councilman deLong replied that the City is going to develop ~that land anyhow. He said there are plans for the development of that~and, certainly, the City will develop it because it is City land. Councilman deLong said the .people were just as willing to be inconvenienced with the road as it is at the present time. Getting the road would probably be a long range situation, but if the land swap is made, Councilman deLong'would say that any funds that were derived from the public sale of the lot that the American Legion has that the City cannot use should be used for the construction of the road at the time it would be possible. Mayor Trauger saw Councilman deLong's point but he recalled a meet- ing several months ago %hat he attended with the Day. Care Center where they were attempting to raise funds and were going to have an architect submit a drawing for the expansion of the present.Day Care Center. Where it left off or did nOt cover the land, Mayor Trauger said it looked like a potential for the American Legion Post on the end. Then he r.ecalled that the American Legion was willing to build a building next to the Day Care Center that the Day Care Center could use in ¢~op~rati~n~ ~':~. - Councilman deLong advised that it would not be compatible because any Legion Post of any consequence would probably have a bar in it. He noted that a bar is a good source of revenue. Rev. Davis reiterated that he had met with the Day Care Center. The last conversation he had-with City Manager Cheney was that he was waiting for them to draw up some plans. Rev, Davis called attention to the fact that they have been waiting for 14 years on plans. He exclaimed that they have plans and submitted Plans to the department, which have been approved, so that they can build. Again he asked, "Are we going to have to wait another year and a half to get some more plans approved before you all are go- ing to d~cide to let us build or do something?" Mayor Trauger asked Rev. Davis if he would.rather be by the Day Care Center or off of 22nd~ Rev. Davis replied, "Where I would rather be? I WOULD RATHER BE IN ~ BUILDINGS, the quickest place I can get. If it is right alongside of City Hall, I will put it up right there. Just give me the ~kay¥~o>'start'~%ui~h~" - \ Mayor Trauger asked him to realize there would not be a road in there. Rev. Davis understood that and said they ~ould make their road. City Manager Cheney did not want to throw cold water on the matter but'he had some concern that when they subdivide the land, the City has their own regulations and Will try.~to make i~.work, but he ~as not~Sur~tt~-eY~Id subdivide a lot where they did not have public access to it. City Manager Cheney was not sure of the nature of '%~t public access, so~ ii~ was ~ ~ question they presented - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 to the Council some months ago, when they had a map there, on the 22nd Avenue site. He advised that they would raise those issues again and will take a look at that again. City Manager Cheney did not want it left. He pointed out that there has been a lot of delays on this and a lot~of effort put into the~matter. Both sites have been discussed, City Manager Cheney continued. He continued by saying it has been the feeling that they could be compatible at the Day Care Center, but the Legion also has the feeling that they would gladly go any place they could go, which was no problem. Mayor Trauger referred to Councilman deLong's motion but he did not have a second. He asked if the Council could go full speed ahead and find out from the City Attorney if it ~cOuld be platted so that they could get Rev. Davis in a building sometime this year. City Manager Cheney said he woUld pick up the project from where it was before. Councilman deLong could see no reason why the City cannot, on its own property, make these type of arrangements. He said they had no problem when the property was leased to the Fraternal Order of Police. He asked what the difference was. City Manager Cheney explained that the Council wants to trade the property and wants the Legion to become owner of the. property. Councilman deLong. remarked that it had been done before and that he had been here long enough to see it done before. City Manager Cheney agreed and said he would try it, but he did not want to hold out false hope. Councilman Wright was disgusted, He thought the American Legion had been going back and forth for too long, It did not matter to him whether they went on 22nd or on 9th, and he did not think it mattered to the Legion because they just want tolbuild. He felt the Legion made that very clear. Councilman Wright said if the City allows them to go to 22nd, it would be fine with him, but he thought they needed to go some place and, as they said, time is running out. Mayor. Trauger agreed. Councilman Wright added that they should move in some direction. Councilman deLong apprised the Council of the fact that the Day Care Center group has a meeting this week or next week on their plans for expansion, and they are putting on a drive 'for funds. Councilman Wright seconded Councilman deLong's mOtion that the City investigate the land swap for the American Legion on the 22nd Avenue site as to the legality and to the road, as expeditiously as possible. Councilman Wright questioned the motion, as they had been investigating it for awhile. He asked if they were saying the City Attorney should move ahead and make sure that it is taken care of. Mayor Trauger replied, "Yes." Councilman Wright pointed out that it had been investigated and had been back and forth for some time now, Councilman deLong said they want action. City Manage~ Cheney said they would bring bac~ a report. ~_ ' - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 City Manage~ Cheney advised that if there are legal problems in the ordinances relative to subdivisions, he could not go out and sell the Legion a piece of land. He was just saying those may be the problem. He emphasized that if there areproblems with access on 22nd Avenue because there would not be legitimate access, he would not be able to make that happen~andbring it back to the Council for response. Councilman deLong said the City has attorneys to take care of its legat~problems, Assistant City Attorney Caldwell told the Council that if they tell the attorneys to get it done, they will find a way to get it done. He said they were talking about the ~City~s own zoning and ordinances and there is a case law that he has used, although he did not believe the City liked to do this. He noted that the if~it ~Oes ~no~t~ant. to~ be. current M. A. I, on the property presently owned by the Legion. City Manager Cheney answered that was another complication. The past philosophy of the City Council has been that they would swap land with the American Legion. He asked if they~were now talking about selling land, and if they sell land, would they sell it M. A. I. City Manager Cheney also asked if the City sells it, do. they have to put it out for bid and sell it to the best bidder? He asked if there was some reason to select the American Legion, Asst. CiHy Attorney Cal~well understood the philosophy was to swap the land already owned by the Legion for land presently owned by the City. An even swap, Attorney Caldwell thought, apparently would have to be justified by comparable values, City Manager Cheney said there was no way in which this swap could be justified ~ comparable value. He said they would, be swapping 10,000 square feet for probably 20,00'0 to 25,000 square feet~ City Manager Cheney did not think they were going to find an M. A. I. unless you tell him what the results will be. He repeated that was pa.mt of the complication he was addressing. Councilman deLong stated that as long as Assistant City Attorney Caldwell has had this experience, he thought the law firm should engage him to work out this problem~ and work on it. Attorney Caldwell advised that they all work on ~lt~of,~/ae problems, so they would get on it. He said they would have to have anM~_!~ ~nether it turns out that they sell additional land or not, they would have to have a current appraisal of the Legion's land but he did not want to tell them to go and spend money for'it if it is going to become obsolete. Attor~ney Caldwell said that whatever they come up with, as part of the package, a current M. ~. I. appraiset will be necessary, He 'said those people are busy, and it may be some- thing the Council will Want to address and start getting, Rev. Davis said if there was going to be a hassle over swapping the land, the City could lease them the property for one hundred (.100} years. He told them to lease them the property for $t.00 like they did the Day Care Center. Mayor Trauger said Attorney Caldwell would find a way around the problem. - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Councilman Wright commented that there may be some problems but he would like for the City staff' to come back with a recommendation that they have found a lot or a space where they can build. That was what Councilman Wright~ was concerned about. He did not care where it was, as long as there was a pl.ace in the City that the American Legion was comfortable with. COuncilman Wright said it did not need to be that site, just a place they could build on. Councilman deLong said they would also need to take into consider- ation that up there, it was more or less a recreation area. They were not Violating any cod~ but he did not think it would fly to take any lot the City owns. Councilman deLong said they would also have to take into consideration the zoning code. A vote was taken on Councilman deLong's motion, and the motion carried 4-0. Consider Request from Milnor Corporation - Requested by COuncilman Joe deLong Councilman deLong referred to a letter he received from Norman J. Michael, Milnor Corporation, Boynton Beach, Florida, dated April 2, 1982. He said he responded to the letter and was presenting the letter for the Council's ~discussion. Mayor Trauger, in looking at his advertising text, could find nothing that said banners either add to a business or detract from a business. He was quite sure that banners had been addressed when the City's ordinance for signs was put up but'it was not in that ordinance. Councilman deLong s~ated the ordinance says no animation. He said there is animatiOn when ~'he breeze blows in the waving of the banners. If the City permits this, Councilman deLong said the City wlll have to go through the Coney Island effect of~ng'~lights all around the building (such as Popeye, when Popeye first opened). Councilman deLong said they were opening up the door, and if they wanted to upgrade the City, they should upgrade it. Mayor Trauger's point was that he felt banners such as this do not add to an attractive display on a beautiful City. -.~'.Councilmember Woolley asked if' MilnOr Corporation was cited for the banners. Councilman deLong believed so. Councilmember Woolley did not think he was the only one cited. City Manager Cheney stated that they cite them all~ but Milnor Corporation had banners and flags flying there now. Councilman deLong thought it should be turned over to the City Attorney to see if there could not be an amendment to the present Code in order to eliminate using, the flag for advertising purposes. City Manager Cheney suspected~that the writing of the Code was basically to have no animation. Someone said, "What about when the American Flag flies, and someone answered, "Obviously, that is OK." City Manager Cheney pointed out that it did not mean, as Mr. Michael suggests, that the ~ten~t~w~s~ t~ ~se the American flag to - 37 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 advertise. Councilman deLong remarked~that Mr. Michael was. using it now. City Manager Cheney said you cannot tell a guy not to fly the A~erican flag. There was discussion~ as to what the Council should do with the matter? ~ouncilman deLong moved to deny the.'~equest of.. ~i'!h6r~ .Corpora- ~i~n'?and~con%inU~to~ply with the e~isting Sign Ordinance. Councilmember Woolley seconded the motion, and the motion carried 4-0. Authorize ProCeeding With 'DoUble~ Taxation Study Councilman deLong moved to proceed with the Double Taxation Study, seconded by Councilman Wright. Councilmember 'Woolley added, "Not to exceed $13,000.00." City Manager Cheney explained that was the maximum. It may be less than that, but until they know how many communities are participating, they could not pick a precise number. ~ Councilman deLong said it was not an~ accurate figure. Mayor Trauger said it~ was established by Agenda memo dated April 20, 1982. A vote was taken on the motion, and the motion carried 4-0. City Managelr Cheney reminded the C~uncil 'of one thing Councilman deLong had said. He said Councilman deLong noticed that in the agreement tlhere was a possibility of an arrangement with a contractor for a percentage compensation for the consultant, City ~anager Che~ey said tha~ ~a.s out.. There is n~ percentage involved at all; it is a flat fee, Authorize Final Review of Air 'Conditioning, Light±ng, and Roof Repair - City Hall City Manager Cheney passed out another document for the Council to read. He said it was a>pro~ect that,the City needs~ city Manager Cheney said it went back to the days when they were talking ab0u% replacing the roof at. City Hall and the question of what to do with the stuff that is on the roof, the studies of the whole air- conditioning system', and the complications with the building because it is old and was added to. He continued by saying the City realized ~%hey have too much air-conditioning capacity in the building but they cannot make the air-conditioning system work right. The City would have to start examining it. City Manager Cheney informed the Council that no money has been spent on it yet. He said they were now at the point where they totally agree that the City should hire a recognized firm, Robert S. Curl, Consulting Energy Engineer, to do a study for the building, not only of air- conditioning and lighting, but also for an additional $1,000.00, besides what is. atrgad~'~n~there, ~r ~'t~ta'l of~ $4,500.00) to analyze all of the electric circuits in the building. City Manager Cheney said there 'was electricity in the City Hall, and they do not know where it go~s or where the sgitches are. The - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 memorandum City Manager Cheney just gave ~he Council told them that the current air-conditioning system in the building had a maintenance cost of $7,500.00 over the past five years, or $1,500.00 a year. City Manager Cheney said it was a cost that is .- _~ going on and on, and pretty soon the downstairs unit will fall apart, and the City will have nothing. He said-perhaps it ~will fall apart in the busy season, and Wit~coSt a lot ~to repair .when everybody is busy. City Manager Cheney recommended a $4,500.00 study for City Hall to get the air-conditioning, lighting and roofing business with a firm recommendation from a consultant, who staff,.is thoroughly convinCed can do the job right. CSt.y~Manager Cheney said he had samples of some of.~the Studies~the consultant 'has done before. Mayor Trauger asked if the $4,500.00 included 'the $1,000.00. City Manager Cheney said the total woul¢ Cheney thought it would be an inve~ when the City gets on with the ligt consider lowering ceilings downstaJ whole number of reasons that ~the CJ study, so they will not keep throwJ Mayor TraUger asked if there was City Manager Cheney answered that ~hat-coverg ~his buit~ingandthes~kinds library. When they 9et all done, Council, they may be $5,000.00, He said they will not know until everything, but they would ha~e a Councilman deLong moved to authori~ conditioning, lighting, and roof r~ was seconded by Councilmember Wool] was added to the motion by Mayor T~ Manager Cheney, Councilman deLong, vote was taken on %he motion, and NEW BUSI~NESS Noise Ordinance City Manager Cheney said the memora maintenance of lawns and grass area golf courses before 8:00 A. M. He quite clear that you cannot operate There have been complaints about t~ Cheney told the'Council~ they would tion was that the Council consider which would allow people to operate least a commercial venture. By th~ nurseries,-golf courses, and things that golf courses have a real prob] [ be $4,500.00. City Manager itment well made, and he felt ~ting system., they would want to .rs again. He said there were a .fy should ~d.~wi~J~"?~ts type of ng money away. ,ney in the budget for this. ~here is $6D,000.00 in the budget~ ~f'problems,and the roof of the lity Manager Cheney told the 000.00, or $7,000.00 short. ~ey finally get the bid's for olution to everything. e a final review of the air- ~pairs to C~ty Hall. The motion .ey. "Not ~o exceed $4,500.00," ~auger and ~pproved by City a~d Counci~member Woolley. A .he motion ~arried 4~0. ndum before %hem addressed the problem of ~s, particularly on country club said the City ordinance was a tractor before 8:00 A. M. .e problem, which City Manager have to address. His recommenda- an amendment to the ordinance tractors and lawn mowers, on at s, .City Manager Cheney meant of that' nature. He stressed em. 39 - MINUTES - REGULAR CITY COUNCIL MEE BOYNTON BEACK, ~FLQR!'DA' ~ · ~. Councilman deLong pointed out that specific, because of developers. ventures would pin it down· Counc heard the noise early in the~morni] if you take the amenl trade off for many otl lng about where he li or Ocean Ridge - he can h City Manager Cheney s~ He was talking about. he could see a probl~ they will have to do' deLong reiterated tha- Councilman deLong mow appropriate exception also be a public hear Assistant City Attorn~ was their request. C fact~ that golf course: not, they do not have out there before peop that they see what ot] Councilman Wright sec~ ADMINISTRATIVE Consider Request for Mr. Joseph A. W Estates - 3803 Mr. Harold Bark Estates - 380'5 City Manager Cheney ii pieces of property, a: Councilman deLong move annexation, seconded 4-0, Report on Curtailable ment Plant ~y of-living ] ~er things. C yes - across ~id he was no~ ideally allow~ n for some of ~heir work ea~ ~, they should ~d to refer ±~ . City Manag~ Lng'to give p~ ~y Caldwell a: Lty Manager C] are to be ~ a decent gol~ [e play golf. ~er Cities ha~ )nded the mot~ nnexation ~bb - Lot 106 ~,atl Street )ur - Lot 107 ~all'Stree't .formed the C( ~ shown on th~ ~d to approve )y Councilme~ Electrical S~ City Manager Cheney told the Counc to see if the Council would have a~ Council that the City .plans to ent~ ~ ING APRIL 20, 1982 they wilI 'ha'ye to be very ~ayor Trauger'thought commercial ~lman deLong asked him if he ever ~g. Mayor Trauger commented that ~ear a golf course, you make a ~uncitman deLong said,he was talk- the Intracoasta.1 and Briny Breezes orningwhentheyare out there, 2 talking about condominiums. ~ng it just for golf courses, but the nurseries, as they may feel fly in the.morning. Councilman be specific about it. rtO the City Attorney for the Cheney added that there would ~ople a chance to comment on it. ~ked if "Except on Sundays" ~eney called attention to the ~intained every day. If they are course, and they have to get Councilman deLong suggested e. ~on, and the mo'tion carried 4-0. Block 000 - Trade Winds Block 000 - Trade Winds ~uncil that these are two little map. the requests for process'~.of ~er Woolley, Motion carried ~rvice Contract for Water Treat- .1 this was partly for information, ty objections. He informed the ~r into the agreement with Florida Power and Light Company and anticipate a possible savings of some $7,000.00 plus a year, City Manager Cheney said they had done a lot of study to make sure it. does not ~p'set the treatment plant process. He commended both Perry Cessna, Utilities Director, and Bob Kenyon, - 40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Water Plant Supervisor, for working hard at this k, ind of thing to see that they could be sure that t would save the money. He repeated Kenyon have done a lot of Work. C Council to know that they have ple to handle the hours ~as~ the study Councilman Wright moved to accept Councilman deLong seconded the mot 4-0. Accept Resignations from Communi~ty Sussman and Lois Rush Councilman deLong mowed to accept letter of thanks for their service Woolley seconded the motion. Mayo Douglas Sussman had been in contac Council to authorize him to contin Day" on April 28, 1982, which he ~ Community Relations Board. A vote was taken on Councilman del resignations, and the motion carr~ Councilman deLong moved to allow D the "Youth in Government Day", sec Motion carried 4-0. Consider Appointments to fill ab Councilman deLong moved to place t by Councilmember Woolley. Motion Request for Disinterment Request for Refu'nd on C'eme'tery"'L'Ot heir plan-l~ would work and the City that Perry Cessna and Bob ity Manager Cheney wanted the nty of reserve generator capacity shows. 2he report and place it on file. ion, and the motion carried Relations Board ~ Douglas the resignations with an appropriate s rendered. Councilmember r Trauger informed the Council that t with him, and he wanted the ~e in the "Youth in Government i~t~ated in part as Chairman of the ~ng's motiOn to accept the sd 4-0. Duglas Sussman to continue with )nded by Councilmember Woolley. )ye me question on the table, seconded ~arried 4-0. 114 and 115, BloCk C ! Councilman deLong moved to grant the request from Agnes G. Kelly for the disinterment of the body~ Christopher F. Kelly from Lot 115, Block C, to"be entombed the Boynton Beach Mausoleum and that the purchase price for Lo~s 114 and 115, Block C, be refunded to Agnes G? Kelly less 20~, Co~ncilmember Woolley seconded the motion, and.the motioi~cazried 4~0. List of Payments - Month of March, 19~82 Councilmam'deLong m6ved to accept '~he list of payments and place °n fil~' sec°nded bY C°uncilmembei~Wo°lley' M°ti°n carried 4-0'~ ~:-~ . . ~';~-~ ~ _ it MINUTES ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 Approval of Bills City Manager Cheney read the following bills for approval: 1. Edwards Electric Corp. $ Installation new service, main switch, Well~5 Pay from Water & Sewer Rev. 401-331-533-40~3B e Sam Galloway Ford 2 Ford FaizI~0nts for Police .Department Pay from Federal Revenue Sharing 320-211-521-60-81 State Contract ~070,00-82-1 IBM CorPOration IBM Copier-Montb]y lease charge 4/1/82 ~ 4/30/82 Copies made frcm 11/1/81 - 2/26/82 Pay frc~GeneralFund 001-194-519~40-22 IBM Corporation System 34 Rental for April, 1982 Pay frcmvarious accounts - General Fund Sm H. F. Mason E .~.jpment COrp. 3 Leach 2R, 25 C. Y. Bodies mounted on 3 Ford LTS 8000 Chasis Pay fremSanitation Cap. Replacement 103,411-.54'1-60-86 Per bid 12/1/81, Council approved 1/5/82 Mr. D's Paint N' Piace Repair to #320 Police Vehicle Pay frc~GeneralFund Insurance Reserve 001~000-247-01-00 NCR Corporation ll0M'U~ility'Bills Pay frcm Water & Sewer Rev. 401-393-539-30-12 Puckett Supply Company, Inc~ Hydraulic Mausoleum Lift Paid in advance so as to take advantage of $173.80 discount allowed if paid by 4/21/82 Pay frc~B. B. M. P. Fund 631-399-539-60-44 Pay frem 1980-81Budget Regency Dodge 1 Dodge Maxi-Van (15 Passenger Bus) for Recreation Dept. Pay frcm Federal 'Revenue Sharing 320~721-572-60-81 State Contract No. 070-00-82-1 2,130.00 13,470.02 2,620.74 6,706.00 175~002.00 1,471.16 1,440.96 8,716.32 11,234.78 - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 10. 11. Don Reid Ford, Inc. 3 Ford Escorts for Water Treatment & Water Dist, Pay frcm Water & Sewer Revenue 401-332-533-6.0,83 $12,542.74 401-333-533-60-83 State Contract ~070-00,82-1 Russell &Axon Professional services rendered on various projects: Pay from following accounts: 403-000-169-01-00 $17,185.14 403-000-169-11-00 1,345.55 403-000-220-64-00 7,010.66 403-000-220-67-00 14,254.11 Some funds reimbursable escrowed account P. B, Co. School Board, N. W. Developers. Scme funds 75% reimbursable EPA 12. State of Florida Dept. of 'Health & Rehabil'itati~e Svs.~ Payment 3 of 4 - Contract 09A - 1889 Florence Fuller Child Development Center Per Council Action 9/1/81 Pay frc~ Federal Revenue Sharing 320-641-564-40-5A 13. 14. Wallace, RDberts & Todd Professional services rendered Schematic Design Phase for BoyntonBeachPark improvements Inception thruM arch 31, 1982 Pay fremFederal Revenue Sharing 320~000-247-85-00 Video & Sealing, Inc. Est. ~4 FinalProj. 626~681-41 For Sewer cleaning &.TeleVision 2/19/82 to '3/18/82~ Pay frcm Utility General Fund 403-000-169-11-00 75% reimbursable fremEPA 15, Isiah Andrews DriYer for Senior Citizens Club Pay frem Federal Revenue Sharing Ordinance ~73-15, passed 5/15/73 320~641-564~40-5A 16. Willie RuthMcGrady Server~for Senior Citizens Club Pay frc~Federal ReVenue Sharing Ordinance ~73-15, passed 5/15/73 lwk. 3~0-641-564-40-5A City Manager Cheney 17. 18. added the following: Bayonne Construction Corp. - final payment Asphalt surface construction - Wils?~_ Park area Pay frem General Fund 001-000-115-83-00 South Central Regional Wastewater T~eatment BOard Services in the treatment and disposal of wastewater for month of March, 1982 Pay fremWater & Sewer Rev. 401-353-535-40-9I - 43 - $ 18,828.11 39,795.46 1,050.00 7,085.00 3,861.65 70.20 67.20 4,859.00 64,000.00 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1982 City Manager Cheney referred to Bill No. 18, South Central Regional Wastewater Treatment Board. He advised that they had sent a bill fOr over $72,000~00, which staff did not think was correct. City Manager Cheney recommended that the Council authorize the payment of $64,000.00 and they would discuss the remainder of it with the Administrative Director of the Sewer Board. He said the ~City should, at least, give them some money to keep it going. Councilman deLong moved that the b±lls be paid, seconded by Council- member Woolley. Motion carried 4-0. OTHER None. ADJOURNMENT Councilman deLong moved, seconded by Councilmember Woolley, to adjourn. The motion carried 4-0, and the meeting properly adjourned at 10:22 P. M. ATTEST: Recording S ecret~y (Three Tapes)~ - 44 - CITY OF BOYNTON BEACH ~~~~r ~~~~'.-~/~~j~~/_ Vice Mayor FILE Carmen S. Annunziato City ~lanner MEMORANDUM APPENIIAGE TO ~ of CITY COUNCIL MEET ' g 4/20/82 - page 10 iflLE April 5, 1982 Benjamin Conditional · This memo i~_?on?ern~ with the Benjamin. Conditional Use application, nu, ror.a±scussion purposes, will be directed to both technical and.Comprehensive Plan consistency matters. With respect to technical compliance matters, the site plan is deficient or inconsistent with current codes as follows: 1. a sidewalk is required on SE 1st Avenue; .. 2. a 45' par~i, ng bay is requried for parking stalls numbers 1 thru 4; 3. the pgrking lot construction is to comply with current standards; and, 4. four additional parking stalls are required. ~.~.. Concerning Comprehensive .~lan cons~.stency, please 5e --advised that this request foJ a conditional use for a lumber Yard is inconsistent with the action plan for "Area 3" as noted on page 40 of the Plan. The plan for "Area 3" is to encourage redevelopment for offices, hotels and specialty retail shops. It is intended that this area develop as a central business district-for the City. A hardware store with incidental sales of lumber would be consistent with the Comprehensive Plan'policies for this area; however, a building supply store with 3,000 square feet of covered storage and several thousand square .feet of additional fenced in area would conflict with the Comprehensive Plan and violate condi- tions 2, 8 and 10'of the Conditional Use performance standards as listed below. "2. Off-street parking and loading areas where required, with particular attention to the items in subsection (d) (1) above, and.the economic, glare, noise, and odor effects the conditional use will have on adjacent and near- by properties, and the City as a whole." "8. General compatibility with adjacent properties, and other property in the zoning district." "10. Economic effects on adjacent and nearby properties, and th~ City as a whole." - i - of CITY COUNCIL MEET'g 4/20/82 - page 30 Roadway Improvements Widening of Congress Avenue from Boynton West Road to southerly line of LWDD #~ 28; Widening of Boynton West Road from Congress Avenue to Military Trail; 1; Widening of Hypoluxo Road from Congress Avenue to US Construction of Miner Road from Congress Avenue to High Ridge Road; 1-95 interchange with N,W. 22nd Avenue; Widening of Congress Avenue from Hypoluxo Road to southerly line of L.W.D.D ' #21;.. Widening of Seacrest Boulevard from Hypoluxo Road to the southerly limit of the Boynton canal; Construction of a replacement bridge across the Intracoastal Water Way at N.E. 2nd Avenue; Widening of Golf Road from Seacrest Boulevard to U.S.1; Construction of Woolbright Road from Congress Avenue to Military Trail; Widening of Military-Trail from Hypoluxo Road to Delray West Road; Construct Miner Road between Congress Avenue and Military Trail. Traffic Signal Improvements 2. 3. 4. 5. 8. 9. 10. 12. Hypoluxo Road and Seacrest Boulevard 22nd Avenue and Seacrest 22nd Avenue and Congress Avenue Old Boynton Road and Congress Avenue Old Boynton Road and S.R. 804 Congress Avenue and Vo-Tech School entrance U.S. 1 and N.E. 15th Avenue U.S. 1 and Old Dixie Highway Military Trail and Golf Road Bicycle Path Improvements 1. NE 22nd Avenue between Seacrest Boulevard and US1; 2. Seacrest Boulevard between Hyp01uxo Road and the Boynton Canal; 3. SW 23rd Avenue between US1 and Seacrest Boulevard; 4. Congress Avenue between SW 35th Avenue and the connection to the Lake Ida Bicycle path; 5. Bridge cross-overs on Congress Avenue at L.W.D.D. canals # 27 & 28.