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Minutes 02-02-82
MINUTES OF THE REGULAR MEETING OF'THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 2, 1982 PRESENT Edward F. Harmening, Mayor Walter "Marry" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening called the meeting to order at 7:30 P. M. He said the invocation would be given by Rev. Edward Wollenweber, Boynton Beach Congregational Church, followed by the Pledge of Allegiance to the Flag, to be led by Mayor Edward F. Harmening, AGENDA APPROVAL Under "VII. LEGAL, C. Resolutions", City Manager Cheney added 4. Proposed~Resolution No. 82- Sales Taxi Under "IX. NEW BUSINESS", City Manager added a di'scussion of a Resolution from the Board of County Commissioners relative to raising utility charges in the Regional Park. Councilmember Woolley added "B. Inlet Commission" under "VIII. OLD BUSINESS", Under "VII. LEGAL, CoUncilman deLong wiShed to add, two items and under "X. ADMINISTRATIVE," he wantevd to add one item.~ In case it is not covered, Vice Mayor Trauger requested the addition of "Phase I of Annexation Study" under "VIII. OLD BUSINESS." Mayor Harmening added the appo±ntment of Captain Gardner to the Police Pension Board under "IX. NEW BUSINESS..'' City Manager Cheney also added "5. General Election Proclamation" under "I. OPENINGS, E. Announcements." Councilman deLong moved the adoption of the Agenda as amended. motion-was seconded by Vice Mayor T~auger and carr±ed 5-0. The ANNOUNCEMENTS Mayor Harmening announced that the next City Council Meeting would be held on Wednesday, February 17,~ 1982 due to the Primary Election on Tuesday, February 16, 1982 He also announced that the General lectlon will be held on Tuesday, March 2, 1982. Proclamation - Black Awareness Day, February 6, 1982 - requested by Councilman Samuel Lamar Wright Mayor Harmening read the Proclamation in its entirety. Proclamation - Brotherhood Week, February 7 through 13, 1982 Mayor Harmening read the Proclamation. MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 County Representatives 'Re: Tax Exemption Assistance, Council Chambers on February 10, 1982 from 9:00 A, M. to 4:00 P. M. Mayor Ha~rmening announced that there would be County Representatives in the Council Chambers on February 10, 1982 from 9:00 A. M. to 4:00 P. M. to extend assistance for the homestead tax exemption. General Election Proclamation - March 2, 1982 Mayor Harmening read the Proclamation. MINUTES Special City COuncil Meeting Minutes of January 18~ 1982 On page 18, 2nd paragraph, Vice Mayor Trauger said it should read, "~our stories, 45 feet," not "twelve stories, 45 feet." Councilman deLong moved to adopt the. minutes as corrected, seconded by Councilmember Woolley. The motion carried 5-0. Regular City Council Meeting Minutes of January 19, 1982 Vice Mayor Trauger called attention %o the third line, fifth para- graph, where it said "the Council will be advocating its responsi- bility.'' Vice Mayor Trauger advised that the word advocating should be changed to abdicating. Councilman deLong moved to adopt the minutes as corrected, seconded by Councilmember WoOlley. The motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced that if anyone would like to speak on any item that was not on the Agenda, they may do so at this time, and if anyone in the audience would like to speak on any item that is on the Agenda, if they will give their name to the City Clerk~ they will be called on to talk when that item becomes the regular order of business. BIDS Sale of Scrap Metal - Public Works and Utilities City Manager Cheney reminded the Council that a month or so ago, they advertised for bids and could not get anybody, This time there was a bid in the amount of $700.00 to pick up all of the scrap metal the City has, primarily at the Wate~ Plant and the Public Works Department. He recommended that the bid be accepted. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong moved to accept the recommendation of the Tabula- tion Committee and award the bid to B©zeman Junk & Metals, Fort Lauderdale, Florida, in the amount of $700.00. No discussion. Motion carried 5-~0. ~.~ng~o~ed;: seconded by Vice Mayor Trauger, to suspend with the regular order of business and move to Item VI, DevelOpment Plans. The motion carried 5-0, DEVELOPMENT PLANS Site Plan Modification - Burger King, submitted by Rafael Pen~, Agent, for addition of an outdoor cooler for restaurant on S. E. 18th Avenue at U. S-, ~'1 Mr. Annunziato thought he could speak on ~the issue without benefit of an overlay, as he thought it was relatively simple. Carmen Annunziato, City Planner, informed the Council it was a request to modify the site development plan by the addition of an outdoor cooler to the rear of the now existing Burger King, located at the S. E. corner of S. E. 18th Avenue and U. S. 1. Mr. Annunziato said the request was reviewed by the Technical Review Board and went to the Planning and Zoning Board void of comment. The Planning and Zoning Board unanimously recommended that it be approved. The application was rewiewed by the Community Appearance Board, and Mr. Annunziato said it came to the CounCil with a positive recommendation. Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and accept the site plan modification. The motion was seconded by Councilmember Woolley. No discussion. Motion carried 5-0. City Manager Cheney added that 'he had a call from Burger King this week relative to a certificate of occupancy. On the issue of modify- ing the median cut in the Federal Highway, City Manager Cheney advised he met with the representative of Burger King and their attorney and listened to their position on the matter. City Manager Cheney reviewed the entire record and concluded that a part of the record was the requirement that they modify the median. City Manager Cheney told~.%he Council that he gave Burger King two choices:~ To put up a bond or'contract to agree to do that, starting immediately, and a motion would be made while they do the work. To come to the meeting this evening and, through public audience, suggest to the Council that maybe the Council may want to modify that condition and discuss it with the Council. If the Council did not modify it, have them go ahead and do it and the Council might modify it. In any case, they could put.up a~bond and go ahead. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 City Manager Cheney wanted the preceding in the record because, obviously, Burger King was nOt making a presentation at this meet- ing. City Manager Cheney wiShed the record to show that they are requested to do that. City Manager Cheney also wished the record to show that no one from Burger Ring was here tonight. Councilman deLong also wished the record to show that when Burger King goes in for the modification on the stacking lane, that they take care of the property they'destroyed across the street, because Burger King's trucks destroyed it while they were working there. City Manager Cheney advised that it was already on record and Burger King knew about it. Master Plan Modification - Dos Lagos PUD, submitted by Fred Roth, Agent, for clarification of previously assumed setbacks and determination of no substantial change Carmen Annunziato, City Planner, informed the Council that this was a request to modify the master plan of Dos Lagos PUD. He said it came with a request for a Clarification that it does not constitute a major modification to the master .plan. At the time of the master plan approval, the setbacks in the single family area were not addressed, Mr. Annun'ziato explained. It was assumed no setbacks would exist for single family lots of a. similar size. When the applicant went to get his planned houses on the lots, he found a problem with the setbacks, Mr, ~Annunziato continued. Because this was a PUD, one of the things that can be varied is the building setbacks. Mr. Annunziato advised that was the clarification the applicant was addressing. In the accompanying material, Mr. Annunziato informed the Council, approximately 82% of the lots back on open areas, be they lakes or-buffer areas. Mr. Annunziato said'<the~application was reviewed by the Technical Review Board on January 26th, and the Board recommended to the Council that no substantial changes have been made. After conversations with Bud Howell, Building Official, Mr. Annunziato advised that Mr. Howell's comments~ were that~ it be r~viewed by the Council and the Planning and Zoning Board. Based on a recently submitted memo to him from Mr. Howell, Mr. Annunziato stated that Mr. Howell had removed hiS objection and now recommended that the site plan be approved, as long as the City Council has an opportunity to act on the request, and let it be approved by the Planning and Zoning Board with regard to the approval. Vice Mayor Trauger moved to accept the recommendation of the Technical Review Board that no substantial changes had been made in the master plan of Dos Lagos PUD~ The motion was seconded by Councilman deLong. Councilman Wright~ asked Mr. Annunziato how many exceptions had been made like this in the past 'and if it was customary. Mr. Annunziato replied that it was somewhat customary. He said all - 4 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 of the single family villas in Hunter's Run back up onto golf course open spaces, so there is actually only five or ten feet to their rear property lines. Because they are backing up~on open spaces, the setback is really not appropr±ate as it does not have the same impact you would have, for example, in a typical single family subdivision where you have lots backing into each other, Mr. Annunziato explained. Councilman deLong advised that the po~int he was trying to make was that about 80% of the structures will be backing upon open spaces or waterways. In looking over the letter from Frederick Roth, Jr., Professional Engineer, Vice President - Engineer£ng, ~Satter Architectural & Engineering Group, Inc,, West Palm Beach, da%ed January 14, 1982 Councilman deLon~ noted the fotlow~ing statement in the first par~graph Of said letter: "It appears th back requir~m~ Councilman deLon, criterias in otb PUD is approved, asked if, as eac be made at that A vote was taken carried 5-0. LEGAL ResolutiOns Proposed Resolut Releasing Pe~for (Hunters Run) City Attorney Va "A RESOLUTION IMPROVEMENTS I PERFORMANCE B~ RUN) R~CORDED Councilman deLon there is no existing criteria covering these set its within an approved P.U.D." asked Mr. Annun~ziato if the~City'has setback ~r areas. Mayor Harmening replie~ that once a it is approved as presented. ~'Councilman deLong 5 individual~development 'comes up, a~jud~ment has 'to Lime. Mr. Annunziato answered, "That is correct." on V'ice Mayor Trauger~s motion, ~and the motion .on No. 82-G Re: ~ccepting Improvements and nance Bond for Tract L of Summi~ Plat No. 1 nce read proposed Resolution No. 82-G by title only: THE. CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING lNG CITY UTILITIES AND RELEASING THE FOR TRACT L OF THE SUMMIT PLAT NO. 1 (HUNTER.,S BOOK 36, PA~ES 48 THRU 51." g moved the adoption of proposed Resolution No. 82-G and that the memorandum from Tom Clark, City Engineer, to Peter L. Cheney, City Manager, dated January 22, 1982, be made a part of the public records. Councilmember Woolley seconded the motion. Mrs. Padgett took a roll call vote on the motion as follows: - 5 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong Councilman Wright Councilmember Woolley MayorHarmening Vice Mayor Trauger Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Resolution No. 82-H Re: Accepting Improvements and Releasing Performance Bond for Tract M of Summit Plat No. 1 (Hunters RUn) City Attorney Vance read proposed Resolution No. 82-H by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING IMPRO~ INCLUDING CITY UTILITIES kND P~.FASING THE PERFORCE BOND FOR TRACT M OF THE SUMMIT PlAT NO. 1 (HUNTER'S RUN) RECORDED IN BOOK 38, PAGES 174 THRU 176" CounCilman deLong moved the adoption of proposed Resolution No. 82-H and to make the memorandum dated January 26, 1982 from Tom Clark, City Engineer, to Peter L. Cheney, City Manager, a part of the public records. Vice Mayor Trauger seconded the motion. Mrs. Padgett took a roi1 call vote on the motion, as follows: Councilman Wright Councilmember Wootley Mayor Harmening Vice Mayor Trauger Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-I Re: Confirming Approval of Plat for the Replat Of 'D'~i'Veways 2, 3', 5' and 6 - Municipal Cemetery City Attorney Vance read proposed Resolution No. 82-I by title only: "A RESOLUTION OF THE CITY C0~UNCIL OF THE-CITY OF BOYNTON BEACH, FLORIDA, fXIIIFIRMING APPROVAL OF THE PlAT FOR THE' REPLAT OF D~YS 2, 3, 5 AND 6 OF THE MUNICIPAL CEMETERY." Councilman deLong moved the adoption of proposed Resolution No. 82-I, seconded by Councilmember Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion, as follows: Councilmember Woolley Mayor Harmening Vice Mayor Trauger Councilman deLong Councilman Wright - Aye ~ Aye ~ Aye - Aye - Aye Motion carried 5-0. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Proposed Resolution No. 82-J to Local Government~ Re: One Percent Sales Tax for Aid City Attorney Vance read proposed Resolution No. 82-J by title only: "A RESOLUTION OF THE CITY CCONCIL OF THE CITY OF BOYNTCN BEACH, FLORIDA, URGING .THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT LEGISIATION AUTHORIZING AN ADDITIONAL ONE PERCENT SALES TAX FOR AID TO LOCAL GOVERNMENT" Councilman deLong moved the adoption.of proposed Resolution No. 82-J, seconded by Councilman Wright, No discussion. Mrs. Padgett took a roll call vote on the vote, as follows: Vice Mayor Trauger Councilman deLong Councilman Wright Councilmember Wool.ley Mayor Harmenlng Aye Aye Aye Aye Aye Motion carried 5-0. Councilman deLong moved, seconded by Councilman Wright, to revert to the regular order of business. The motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Request: Location: Proposed Use: Applicant: REZONE from R-2 to PUD w/LUI of 5,2 NOrthwest corner of Seacrest and S. W. 23rd Avenue (Golf Road) To construct 100 villa type, one story dwelling units Ridgeway Builders/John W,. Ewseychik, Jr., Agent Mr. Annunziato informed the Council that the request was to rezone from R-2 to a Planned Use Development with a land use intensity of 5.2. Mr. Annunziato further informed the Council that it was a 14 acre tract, and the rezoning would accommodate 10'0 units. Mr. Annunziato said the tract was located in the northwest corner of Seacrest Boulevard and Golf Road. It is bordered on the north by High Point and on the west by High Point. It is bordered on the south by Golf Road and on the east by Seacrest. There are three platted lots which separate the proposed development from Golf Road at the eastern extremity. The westernmost of those lots is'occupied by the nursery school. Mr. Annunziato continued by informing everyone that the surround~ ing zoning is ?p~imarily residential, with R-3 to the north, R-2 to the east, a-small tract of C-1 zoning to the south (.where there are a lot of conversions into doctors' offices), and R-1AA to the south with a tract of C-1 on Seacrest Boulevard. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Mr, Annunziato further advised that the site was proposed to be accessed from Golf Road, approximately equally distanced from Third Street and Seacrest. Access to the site internally will be by a private road in a figure 8 configuration, serving the units which are four and six units per building. Mr. Annunziato said each unit would have its own garage and be served by its own driveway. Utilities to the site would be provided by the City of Boynton Beach, Mr. Annunziato. continued, with water to be connected at a location he pointed to on the plan. The water would be looped through the development and then tied into water on Third Street at two locations. The sewer would be served by a gravity system with no lift stations, which will terminate into a man hole on Golf Road. Mr. Annunziato advised that the request had been rev±ewed by the Technical Review Board and went to the Planning and Zoning Board with a positive recommendation, Mr. Annunziato stated that he had prepared two memorandums which went to the Planning and Zoning Board, which Mr. Annunziato said should be read into the record. The first memorandum was dated January 19, 1982 and had the follow- ing staff comments: Police Dept. "Subject to the installation of appropriate traffic control signs." Public Works Dept. Recreation and Parks Department: "No underground garbage cans to be permitted." "Recommend 1/2. credit against recreation and parks ded±ca%ion~ requirements based on pro- posed package of recreational amenities." (Mr. Annunziato advised they include pool, meeting room, court games, plus a course surrounding the development) Following that memo, Mr. Annunziato said some additional information came in from the external public bodies such as the South Florida Water Management. District and, specifically, the Palm Beach County Traffic Engineer, (as shown in the memorandum from Carmen S. Annunziato, City Planner to Planning & Zoning Board Members, dated January 26, 1982). The following additional comments were made: "1. dedication of the access ~eas~ent (currently owned by Ridgeway Builders) in the northeast corner of the property to the High Point unit owners if possible;" Mr, Annunziato explained that the south entrance of High Point is over an easement which is owned by Ridgeway Builders. It was the suggestion, of the Planning Department that this be dedicated to High Point, but High Point would have to accept it in Order to effect a dedication. ,, ~21. changing of the name of~-the proposed PUD to one which-is not.~similar to - 8 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 anti'existing development; and 3. construction of a standard bike path on Golf Road." Mr, Annunziato called attention to the following comments, wherein Charles Walker, Palm Beach County Traffic Engineer, is recommending an additional right-of-way on Golf Road to bring-it to a full half section. In regard to that, Mr. Annunziato said-the Planning Dept. was. reco~ending that a new standard-bike path be constructed on Golf Ro~d, consistent with~he current codes, at the edge of the newly dedicated right-of-way. Mayor Harmening wond.ered about one that was existing there. Mr. Annunz±ato advised that it was in relat±vely poor condition and would be improperly located. Mr. Annunziato read the comments from Charles Walker, Palm Beach County Traffic Engineer, as follows: "1. Construct a seventy-five (175) foot left turn lane at the west approach on Golf Road with a thirty to one foot taper and a seventy (.70) foot shadow." Mr. Annunziato explained that would be for eastbound traffic. There would be a left turn lane to enter into the proposed development. "2. dedicate fifteen (15) feet of right-of-way for Golf Road; and 3. secure a permit frc~ the County for any w~rk in ~the right-of way." Mr. Annunziato said the request was reviewed by the Planning and Zoning Board and comes to the City Council with a positive and unanimous recommendation for approval. The motion to approve was made by Mrs. Bond and seconded by Mr. Linkous of the Planning and Zoning Board. Mayor Harmening asked if the members of Council had any questions. Mayor Harmening asked if anyone in the audience wished to speak in favor of the proposed rezoning, Bert H. Peter, Professional ~Engineer, 165 Highpoint Boulevard North, Boynton Beach, unit owner, said he had reviewed the drawings and had several meetings with the builder in their section's organization where they could not determine all of the elevations and drainage. Mr. Peter said they were now convinced that the drainage problem, in general, was very well.engineered and has been approved by the South Florida Water Management District. Mr. Peter asked Mr. Annunziato to show the slide again. On the north end, where the road'leads into 'the easement section, known as Lot 63, Mr. Peter advised that the elevations are sloping down from the far end towards the west from about 28 feet, going down to 17,77 feet. Mr. Peter further advised that the property on the easement's elevation is 16.1 feet. Mr. Peter said there was - 9 - MINUTES - REGULAR CITY COUNCIL MEE5 a water problem in this area. The reason Mr. Peter was speaking'~ to the Council and request that th~ south side of the easement (Lot 63 Mr. Peter felt the drainage was we of everything, However, if the gr~ saturated, Mr. Peter advised there condition. Mr. Peter informed the their entrance, and the lower road yard North), On one side they are Mr. Peter advised., which is Squire they were trying to get a connectic sewer), they were too late, Mr. Pet the facilities were not adequate t¢ Mr. Peter continued by saying that ca%ch basin, under severe conditio~ ~ ING FEBRUARY 2, 1982 possibility (because of the slope gOing'~down towards the east) that on the end of the road .which is p~to the section of the ease- ment-, the water could spill over an Peter~also said the build±ngs furth lower than the buildings of Ridgewa Could have a water condition. In 1978, Mr. Peter said they made if they should recommend flood dame is the condition, and since it came to study the drawings, Mr. Peter ac requested of the Planning and Zonin a retaining wall, which would be ma of severe conditions, in order that flooded at High Polnt~ pas because he ~wanted to appeal ~re be a retaining wall on the .because under normal conditions, i designed and should take care ,unds of Ridgeway Builders is would be a very serious water Council there was no outlet for going north (High Point Boule- facing a four foot elevation, 2/23/82 Hil.1. Toward Seacrest (where *Should be n with a fiftY*foot storm fifty-four er informed the Council; and inch storm get drainage for High .Point. sewer. Typographice if the facilities and the error. Tap~ S, fill up, there would be a says 54". pr n investigation to determine ge .Insurance, etc, Since there up only after they were ready ~in requested (which he also Board) the Council to consider .nly for an emergency in case the north side would not be in the case of a severe rain Lo Seacrest before there would be ~epeated, "No, no, no." Mr. Dn Seacrest is 17.78, which is er said there was a sidewalk, it. The water will not drain ~ibility for a spill onto Sea- zer further said that there are ~onnected w±~h the fifty inch ~aid~the Council would take Mr. Palm Beach Lakes Boulevard, ~oduced John Sanford, Landscape )0 Palm Beach Lakes Boulevard, )e able to answer any design {rs. Benson also introduced Mr. ~etto, who were with Ridgeway Builders, as well as Jerry Shultz. Mrs. Benson further introduced Fred Singer, Engineer with Wantman ~ Associates, Inc., 2328 South Palm o was present to C6ngress Avenue, West Beach, wh answer any ~ - l0!- Sally Benson, Attorney at Law, 1655 representing Ridgeway Builders, int~ Architect, Planning Design Inc., 201 est Palm Beach, and said he would ] uestions the C~uncil might have. ~ ROy E. Nickels and Mr. Arnold A. Mo] Mayor Harmening asked Mr. Peter if, storm, the water would not drain on flooding in High Point. Mr. Peter Peter explained that'the elevation the street level. However, Mr. Pet which added another four inches to out to Seacrest, so there is no pos crest, Mr. Peter explained. Mr. Pe' catch basins on each side that are storm sewer line. Mayor Ha~rmening Peter's request into consideration. d they would be flooded. Mr. er down were very low and were Builders. Therefore, they MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 engineering questions. Mrs. Benson thought Mr. Annunziato had quite clearly outlined all of the important details of the project2 Mrs. Benson responded to Mr. Peter~'s comments about drainage. She said the project was designed to retain ±ts own drainage. ~ttorney Benson said it had been reviewed by the City's staff members and had been approved by them as acceptable. The problem Mr. Peter was talking about was a High Point problem, Mrs. Benson advised. Mrs. Benson stated, her client, Ridgeway Builders, would attempt to assist Mr. Peter and his group if they car but Mrs. Be~son felt any drainage Mr. Peter and his group'had was a result of their property and its drainage. -Mayor Harmening said the Counc±l would get into that in a few minutes. Mrs. Benson indicated that. they'were a self retention project and were not draining into the property to the north. ~ttorney B~nson said she would be glad'to answer any-questions. Mayor Harmening asked if anyone else wished to sPeak in favor of the request. Robert L. Foot and his wife, Jenny Foot, 2400 S, W. 1st Street, Boynton Beach, live immediately opposite the nursery' and not far from the property. Mr. Foot said he and his wife were very much in favor of the proposed use of the property exactly as designed, retaining the drainage of the water in drainage on the property, As bad as drainage is in the i~Lmediate area, Mr. FoOt said Ridge- way Builders would be lessening the problem by catching the water on the crevices. Mr. Foot was also glad that the County had pro- vided for a 75 foot left turn lane. Mr. Foot was concerned for the public, coming across the hill. Mayor Harmening asked if anyone else was in favor'of the proposed re- zoning and received no response. He asked if anyone was in opposition to the proposed rezoning. Mayor Harmening announced that THE PUBLIC HEARING PORTION OF THE MEETING WAS CLOSED. Mayor Harmening asked Tom Clark, City Engineer, to come before the Council and asked him if he had a chance to review the request. Mr. Clark replied that he had revlewed the calculations. Mayor Harmening noted that the Water Management District only requires designs for retaining water on site in a three year storm event. -Mayor Harmening asked what would happen if there was a four year storm, Mr. Clark replied that they were going to design for more than a three year storm. Mayor Harmening asked what would happen if there was a 100 year storm. City Engineer Clark imagined it would take care of a 100 year storm, if they do it right. City Engineer Clark explained that they were not through reviewing the plans. Mayor Harmening asked Mr. Clark if he felt there would be no run off under severe, adverse storm conditions. Mr. Clark answered that it had 12 feet of sugar sand and it percolates. Mr. Clark thought Mr. Singer would be better able to answer the questions. Mayor Harmening agreed that Mr. Singer would be more familiar with the details. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Tom Clark, City Engineer, informed the Council that the developers had impoundment areas that would store water so that it would not rush down to the low spot. Mr. Clark said it was a problem all over town; the water rushes to one spot. Mr. Clark repeated that the developers had impoundment areas, so the water would be impounded temporarily for better percolation. Councilman deLong's main concern was in trying to clear up some drainage problems that were inherited from the past. Councilman deLong congratulated Mr. Peter for being on'his toes, As long as he is on the Council, Councilman deLong wished to have something from the City Engineer "to hang his hat on." Mayor Harmening was interested'in exploring Mr~ Peter's remarks in a little more depth. He asked Mr. Singer if he was familiar with the drainage. Mr~ Si~ge.r had n6t personally worked on the design but knew that the .office provided a series of water holes so that everything would be coming down in sta~es and would be retained before it went from one level to the other, absorbed, and be taken care of in that manner. Mr. Singer stated that, in their opinion, there would be no problems anYwhere. Mayor-Ha~men±ng asked Mr. Singer if he could see any possibility of a run off in his design from their area to the entrance at Higk Point, Mr. Singer replied, "No, but if, upon examination, it becomes a problem, I think we can take care of it - perhaps'with some brimming or some Other manner to make sure that whatever is on our side stays on our side." Councilman deLong wanted to make the agreement more or less iron clad, such as in an agreement. City Manager Cheney advised they could ~ke i~ iron clad from the point of view of approving the plans_ when they are built; but once they are out of the fold, obviously, the developers are out, and you no longer have any more ironclad. City Manager Cheney pointed out that the design work had been done so it~ seemed to him, from what the engineers were saying, (and though there was no report from Tom Clark, City Engineer, he did participate in the Technical Review Board process) that the suggestion was that it had.been designed to retain a large storm on site. City Manager Cheney said there were engineer-s who are saying they are aware of the problem; they designed it; and to their best judgment, they think the water can stay on site. Mayor Ha~mening thought they should look at the topo in detail. He asked Mr. Peter to come forward again. Mr. Peter'remarked that the Boynton Beach Engineering Department had been very ¢ooperat£ve to work with him on the problem, and he felt there was very good team work between the members of the City's Engineering Department, the 2/23/82 Planning Department, between' Tom Clark, City Engineer, and Mr. Earl* Name *Mellenb~, Who did the former studies. Mr, Peter was not there to was say the design work did not look good. previously misspelled, Mr. Peter was at the meeting to warn that the lower buildings get pr water, and there is no where the water can go other than flooding the area, He said they could take no run off, at all. Mayor Harmening wondered if Mr. ~Peter was more concerned about the potential for a run off or a manner to correct the existing water problem. Mr. Peter was thinking about an emergency situation. He - 12 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 wanted a wall there in case the system will not take the water and because of the slope which comes from 28th Street down, which may be saturated. -Mr. Peter said if the ground is saturated, the basins spill over, and the water has no place to go, as the elevation of the road is 18.52 feet and it goes down to 17~87. Therefore~Mr. Peter pointed out, the last end has a Slope. There is a curb, and it should go around, to the other direction, but when the water really runs, Mr. Peter advised, he was concerned, with the water on the road and not on the ground. The water on the ground would dissipate, Mr. Peter continued. Mayor Harmening suggested a traffic bump at a strategic point on the road might prevent the water from rushing out and give it a chance to percolate to the west. Councilman deLong thought the bumps were outlawed by the State. Mr. Peter said they had been working on that problem for the last ten years. The builder had done a bad job, as the roads were not graded properly. Mr. Peter informed the Council that he has a pool in front of his building every day fr©m sprinklers, and they are in the process of resurfacing the roads. He wanted.to speak up before it was too late, because Mr. Peter~ felt the designers of Ridgeway Village did not check in his area, and they should have spoken up much earlier %o reach a better solution. Mr. Annunziato suggested that perhaps a mutual wall would serve a double purpose. He said a· wall would shield off at least two units from the effect of headlights at night:. Mr. Annunziato did not know what the builder had in mind with respect-to the headlights, and he did not know whether the wall would make the drainage worse. City,Manager Cheney asked whether H~gh-Point was above or below the finished elevation. Mr. Annunziato guessed it would be 2 or 2-1/2 feet below~four levels of the units. Mr. Cheney asked about the graded area, Mr. Annunz±ato replied that the ground was some- what higher but was shaped in somewhat o~ a swale to capture the water and bring it around. Mr. Annunziato thoUght it rised in that area in order to physically trap the water to the south to keep it from rushing over. Councilman deLong attended the Plann±ng and Zoning Board meeting and thought they arrived at a solution. He asked what was recommended by the developer. Mr. Annunziato recalled that the developer was going to try to attempt to accommodate some of the drainage from the entrance, The point Mr. Peter made was that when they constructed Seacrest, they raised the elevation-of the sidewalk and caused a dam at the exit from High Point. Mr.'~Annunz±ato said the water would continue to trap, under that scheme, because of the need to trap the water to the south. At the Board Meeting, they were talking about trying to take some of the water from the access easement to help the property. John Sanford, Landscape Architect, explained that the basic design approach on the plan utilized the figure 8 configuration of the road in order to section off the inside holds of the figure 8. All of the building area and open space will be retained inside of each - 13 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 of the figure 8 holds. On the outside, because-it was a PUD and there was a flexibility in setbacks, Mr. Sanford said they had a minimum of 40 feet from the property line all the way around from the back of the buildings to the proPerty line and an additional 20 feet at the Golf Road property line. Mr~ ~S~ford advised that they had more than enough area to provide swales for drainage between~the buildings and the property line. Because of the over- all configuration of the road layout, the retention would be distributed evenly across the site, Mr. ;.Sanford continued. The 40 foot buffer from the buildings to the property lines would enable them to retain more than a sufficient amount of water, Mr. San~Z advised~ Mayor Har~ening asked Mr. -'S~hford if he could see any problem with or any. merit to the wall. Mr. ~-Sahford first commented that the head lights problem would be relieved with hedging and trees. By the access easement, there would be enough buffer to where the water would be retained on site by swales, Mr. ~a~ford further advised. Vice Mayor Trauger asked how the Council would lock into the point City Manager Cheney ~ade ~nd through Tom Clark, City Engineer) that it.would not cause a problem before it is turned over to the unit owners, so there would be some type of assurance tha~.the City would not pick up the cost ore'High Point would not pick up the cost of drainage. Vice Mayor Trauger wanted to lock it in, or at least in a ten year rain period, that the drainage would not spill over onto High Point from this development. Mayor Harmening did not think there was any problem. Attorney Benson interjected that her engineer assured her that the plan was designed not to overflow with a ten year storm. Vice Mayor Trau~er said his house was'so designed, and he had eight inches of water outside of the front door, so it was depending on the size of the rain. He asked if they could stipulate that they would assure the City and High Point that they will not be the recipient of the drainage. Attorney Benson replied that they could.~ Then Vice Mayor Trauger saw no problem. Mr. Peter had some layouts and elevations of the sections he was talking about. He offered to distribute them. Mayor Harmening asked Mr. Peter to also give one to Mr. Singer. Mr. Peter requested Mr. Annunziato to put it on the machine. Mayor Harmening told Mr. Peter they could not expect Ridgeway Builders to alleviate a drainage problem for High Point as a matter of approval. Mr. Peter said they did not expect it. City Attorney Vance asked Attorney Be~son if her client could comply with the other staff recolm~endations which Mr. Annunziato read into the record, including specifically the recommendations of Mr. Charles Walker, Palm Beach County Traffic Engineer. Attorney Benson replied, "Yes. We are." Vice Mayor Trauger moved to accept the rezoning request from R-2 to PUD w/LUI of 5.2. He asked what the officiat~name was now. Attorney Benson informed the Council it is "Ridge Point Wood". Councilman deLong seconded the motion. Staff co~entswere added tothe motion. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Vice Mayor Trauger thought it was a fine development but pointed out to the City Council and to the engineer that they were getting into what he would call "an economic spill over of costs.." Vice Mayor Trauger explained that what he meant was costs incurred by the people who do not pay the costs, but the costs are paid by spilling over to other people. He asked Carmen Annunziato, City Planner, to put up the roadway map. Vice Mayor Trauger called attention to this site and another PUD near 1-95, whic~ he believed was Bethesda Heights with forty units. He pointed out a four lane road which narrowed to two lanes by the little school. From there down, Vice Mayor Trauger noted there was sand on both sides. Vice Mayor Trauger pointed out that traffic has been generating in the past year, and when they bring the people 'in with this development and the others with their families, the City is really compounding a traffic problem. Vice Mayor Trauger said they were catching it from Delray Dunes, Quail Ridge, Village of Golf, and Hunters' Run, and Leisurev±lle. He noted there was no left turn at the stop light. There is a backup caused by the hospital problem. Looking across Seacrest to U. S. 1, Vice Mayor Trauger said it is presently a City road. The other part is a County road but it will be turned over to-the City in the next few months. Tom Clark told Vice Mayor Trauger it was just the opposite, He said the COunty wOuld take over on July 23rd. Vice Mayor Trauger said the spill over cost would go to the County. Coming east fro~ Seacrest to U, S. 1 on the north side of the street, Vice Mayor Trauger called attention 'to six doctors' offices over there with all of the patients and people coming in and out and only one sidewalk in front of the last doctor's office that has been constructed. Further down is a Lil' General Store, the railroad track, and then duplex apart-ments with people all backed out into Golf Road to get moving into any d~ection, Vice Mayor Trauger continued. AA Ambulance is right there, and over 60% of their runs head west on Golf Road,' through Seacrest, and this area, Vice Mayor Trauger said. On the other side of Seacrest is an accounting office on the corner, a doctor's office, and then a very narrow part of single family homes with no shoulders to the road,~only sand. Then there is the railroad track and a real sand ~pit, and then on down are a couple more single family houses, Vice Mayor Trauger commented. Vice Mayor Trauger said he dr.±yes the road at least twice a day, and it is full of people walking between Seacrest and U, S. 1. Vice Mayor Trauger was not against the development, but said the costs are going to come from handling it because it was the last compounded factors. The City and County are having a Problem, Vice Mayor Trauger advised: the City, with a sidewalk from Seacrest to U. S. 1, and the County by either four laning or improving the shoulders or the road. In anOther six months, Vice Mayor Trauger predicted it would really be a problem. Vice Mayor Trauger wanted the Council and engineers to be cognizant of the spill over process. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong thought the ordinance was drafted where the developers were supposed to put sidewalks in. Coun~cilman deLong said they forgot to include the developers that were .being rehabilitated. All of the buildings on 23rd Avenue which were changed into professional offices were allowed to when the zoning was changed, but they never changed the ordinance to include rehabilitative builders, and there are a lot of complaints from the people, Councilman deLong stated. Mayor Harmening said it was probably just as well at the present time because the road will have to be widened. If sidewalks were there, they would just be torn out and replaced again. A vote was taken on Vice Mayor Trauger~s motion to accept the rezoning request. The motion carried 5-0. Mayor"'iHarmening advised that the motion was subject to staff comments, and he believed City Attorney Vance had already secured the applicant's OK. The engineer presented a rendering, and said the selling price would be in the neighborhood of $67,'000.00 to $69,000.00. Vice Mayor Trauger moved, seconded by Councilman.'Wright, to revert back to the regular order of business. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HE~RING None. Ordinances - 1st Reading None. Other Acceptance of Easements on Lawrence Road City Manager Cheney requested that the Council accept, by motion, one easement on Lawrence Road, in connection with the Santaluces High School utilities, Councilman deLon9 moved to accept the recommendation~of City Manager Cheney in his memorandum of February 2, 1982 and the memo become a matter of public record. The motion was seconded by Councilman Wright, and carried 5-0. Authorize Obtaining and Payment for Additional Easements on Congress Avenue/Miner Road- Utility Lines and Force Main Project City Attorney Vance r. eported that in connection with the construction - 16 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 of the City's water and sewer lines, an existing Florida Power and Light Company line was encountered. Also encountered was a need to get power to the lift station. City Attorney Vance advised that Florida Power and Light Company waived any cost of relocating the existing line, and the City agreed and succeeded in persuading the two property owners involved into amending the original order of taking to include an overhead easement, The City'had~ o~l.y~gone for an underground easement. City Attorney'Vance said it would cost the City approximately $9,670.00 more than it would have cost the City for the~easement. However, the City would havehad to relocate approximately 5,000 feet of FP&L line, so the City felt they were coming ou~ ahead. City Attorney Vance requested approval of the settlement on parcel 21 for $27,500.00 and on parcels l2 and 11 in the amount of $20,000.00. Vice Mayor Trauger moved to accept the settlement, as recommended by the City Attorney, for parcel 21 in the amount of $27,500.00 and on parcels 11 and 12 for $20,000.00. The motion was seconded by Councilmember Woolley and carried 5-0. Several months ago', Councilman-deLong recalled a recommendation by City Manager Cheney not to service the developments contiguous to the city unless there was a petition for annexation. Councilman deLong remarked that he was not against the recommendation. He was against putting it into force that night, several moments before the meeting, when there was an appt±cation by the Boa~.d. Councilman deLong thought it was unfair to the man~who had made the applica- tion. Councilman deLong asked City Attorney Vance where the City stood, that they would get inv01ved"-in something like this insofar as the grants that the City gets from the EPA for the extension of the sewe~ and water lines. City Attorney Vance thought the City Manager recommended extensive studies be made to determine the City's capabilities to service areas outside of the city in the future, and that the City establish a priority system~in the meantime to service first those areas within the city limits and conduct necessary long range studies to determ±ne whether o~ not the City could service areas outside of the City limits. City Manager Cheney said there were questions about the sewer treatment plant, so he felt it wo~ld be necessary to th~nk about priorities. He thought the priorities should be those pieces of land that could annex. Councilman deLong did not think the applicant would be denied unless the petition for annexation came forth. Councilman deLong asked COuncilman W~ight what his interpretation was. ~Councilman Wright thought it was to have the appl±cation around City Hall for awhile rather than arbitrar.ily all of a sud~den-.annex, Council- man Wright thought they were going to adopt a policy . Councilman deLong moved to have City Attorney Vance pursue this particular endeavor and to report back to the City Council by the next meeting. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong did not think the City was being aggressive enough insofar as the County was concerned in trying to prevail upon the County to give some consideration when rezoning the agricultural land that borders on the west side of Congress Avenue. Councilman deLong referred to a stretch from Hypoluxo Road south, which is about one mile, and then about two miles of unincorporated area, and then there is land in the city. Councilman deLong thought it-was in 1973 the City was trying to scare up their boundaries, and some personal· friends.of his owned the property at the north end, called the Meadows, which was contiguous to Hypoluxo Road on~.both sides of Congress Avenue. Councilman deLong pre~ailed upon the people to get a petition.for annexation, so a boundary line was squared off at that time. Nothing was ever done about the other land in the interim. Councilman deLong believed it was possible to petition the County Commission and also the County Planning and Zoning. Board, when the people come in with their plans and requests, to try and pre- vail upon them to inspect the City's Codes. Eventually, Councilman deLong said, they will come in'. Mayor Harmening agreed with Councilman deLong and suggested that a letter and Resolution~be sent to the COunty Commissioner. Beyond that, Mayor Harmening thought Carmen Annunziato, City Planner, should be ±nstructed to communicate with the County Building Depart- ment and request their Agendas and when anything llke that comes up, it might help the City in sending people to their meetings and letting their voices be heard. Councilman deLong moved that such a resolution be drafted. City Attorney Vance noted that the County's Comprehensive Plan contained language indicating that the County will cooperate. Councilman Wright seconded the motion. Mayor Harmening further suggested that the Planning and Zoning Board be notified of the particular changes that may or may not be requested for rezoning in the County, which on the face of them do not appear to be in the best interests of the City of Boynton Beach. Mayor Harmening added that no doubt the Planning and Zoning Board should be notified and perhaps the City Council, as well. City Manager Cheney advised that they are getting notices. The last one, they appeared before the County Planning Board, and they laughed Mr. Annunziato out of the room. Mayor Harmening was aware of that, and that was why~ he said the City "should mobilize the troops." It would also be an indication that the City was concerned. The motion carried 5-0. OLD BUSINESS Preliminary Report - Phase I Of ~nnexatiOn Study TABLED - 18 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Vice Mayor TraUger moved to. take the item from the table, seconded by Councilman deLong. Motion carried 5-0. City Manager Cheney said Vice Mayor Trauger had asked that the City begin looking at the western area. They concentrated on the area between Congress Avenue and the east side of Lawrence Road, from north to south. City Manager Cheney said theY wished to get comments and suggestions from the Council about the area. He anticipated that the Council would next take a look at the property that borders on the west side of Lawrence Road (mobile home park) and get the same kihd~Df' info~a~n~ · ..... there, and see what kind of information there is and what it tells the City. Obviously, City Manager Cheney noted, it addressed What is out there, future land use, annexation, etc. He suspected one of the biggest inputs in annexation in that area would be already deVeloped lands. It would be a product of the final determination of double taxation, City Manager Cheney added. He suspected a lot of people do not want to be annexed because of taxes. City Manager Cheney said Carmen Annunziato, City Planner, had ~done a lot of work, and preparation of the maps had been done by Tim Cannon and Jana Krug, of the Planning Department. Mr. Annunziato told the Council that the area they studied was bordered on the east by Congress, on the west by Lawrence Road, on the north by Hypotuxo Road, and on the south by Canal 30. What they attempted to dO was make an analysis of the existing conditions, potential fordevelopment, and~also the Ci~'s existing and'proposed utility system to serve that area. Mr. Annunziato informed the CoUncil that in the upper righthand corner of each of the maps was ~a number which corresponded with the location sheet. The first map gave an indication as to the existing zoning plus the potential for development and redevelopment of the parcels of land in the unincorporated area of Palm Beach .County. The cate- gories of the land use were associated With the potential land uses as noted in the Comprehensive Plan of Palm Beach County. Mr. Annunziato further advised that the zoning categories currently on the land.~were placed on the map. For example, "AG" was for agriculture. "RS" and "RM" were for residential single family and residential multi family of varying densities. CN, CG and CS were commercial categories. "C" was cOmmercial.zoning in conflict with the Comprehensive Plan. ,IL" was light industrial, and "SE" meant special exceptions. Hypoluxo Road was at the top. of the map, Mr. 'Annunziato continued, and at the bottom of the map was Canal 20. Another map.showed Canal 20 at the top and Canal 26 (Woolbright Road) was at the bottom. Again, there are some existing subdivisions, agricultural land, an existing mobile home park, development of the DeBartolo Mall plus the out parcels. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 In areas along Old Boynton Road and Second Avenue, Mr. Annunziato said there was a potential source for intense commercial industrial development. Progressing southward, Mr. Annunziato noted the picture beComes clear, as 'it is the incorporated area of Boynton Beach. He pointed to Gallo's office building, the north .parcel of Quail Ridge, Weaver Estates (a planned residential devet©pment), and an agricultural tract owned by the HrchdiOcese of Miami. Some of the interesting things on the map concerned areas which are currently zoned in conflict with the Comprehensive Plan, Mr. Annunziato informed the Council, and' those are the areas which are zoned commercial. He pointed to an area on Lawrence'Road between Old Boynton Road and Canal 24. Mr. Hnnunziato said there were several commercial areas on Second Avenue which were also zoned in conflict to the Comprehensive Plan. Mr. Annunziato added .that there was zoning in Palm Beach County which was zoned over the objection of the Planning Department Staff and has now~been re- zoned in this situatio~ which many people feel is inconsistent with the County Comprehensive Plan, to Commercial, and that is located at the intersection of Lawrence Road and Second Hvenue. The third map was primarily incorporated or developed areas. Mr. Annunziato showed the City of Boynton Beach, which was comprised of Quail Lake, Cranbrook Lake Estates PUD, and Hunters Run Golf and Racquet Club. He also said there was Village of GOlf,. from Golf Road South to Canal 28,and the easterly portion of the Quail Ridge PUD. Vice Mayor Tr.auger noted that some of the developments were close to being contiguous. Mr. Annunziato said City.'Manager Cheney was handing out documents that showed computations of those areas that were contiguous to the City limits and the potential for development, as well as a composite analysis. City Manager Cheney asked where the existing developed land that is contiguous to the City was located. He asked if he was correct in stating that most of the land adjacent to the city was vacant. Mr. Annunziato replied that was correct. Mr. Annunziato said many of the areas were underdeveloped. There may be one property owner on five or ten acres. Concerning the properties that are developed and contiguous to the city, Mr. Annunziato said he could show them better on the next over- lay. Mr. ~nnunziato handed out some documents to the Council and asked Mr. Cannon to point out the parcels as he read off the map numbers, He explained that they attempted to categorize in three or four different categories different kinds of situations which exist in respect to existing, proposed~ and potential developments and take those instances and try to anticipate the number of dWelling units which are existing, the potential for development, and the a~ailability for sewer, water, fire protection, and roads. Mr. Annunz!ato said the density can vary from eight to-sixteen units per acre in the County system. The units can count for PUD credits or transfer development rights, but they are predicated on meeting the performance criteria in the County Comprehensive Plan. Mr. Annunziato said the figures he would be giving the Council - 20- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 con~ih~da range of potential dwelling units and a range of popula- tion. Under residential subdivisions, Mr. Annunziato said there was an unrecorded subdivision on Tucks Road and La~ence Road. There are approximately 12.3 acres. The existing density is 2,27 acres, and the existing dwelling units are 17 with a potential of 11 more, or a total of 28 units. That would total out to a number of 56 persons in that area, Mr'. Annunziato advised. Councilman deLong thought there should be some workshops on the report, City Manager Cheney asked~Mr. Annunziato to give some totals. Mr. Annunziato advised that the total of~ alt residential land in the area are 1,623 acres, which gives a total dwetling u~it potential that varies from 7,749 units to 12,509 units, and a total population variation potential of between~ 15,689 people and~25~149 people. City Manager Cheney explained that, in other words, there are 3,000 people living there now in already planned or approved developments; and the potential is somewhere between 9,.000 to 18,000 more. Mr. Annunziato advised the Council that his department had al'so done the same with commercial. Mayor Harmening congratulated Carmen Annunziato, City Planner, and his staff on a really fine job of laying the plans out. Mayor Harmening said the C±ty probably should have'done it sometime back, so they would have had a clearer insight into the potential. Councilman deLong commented that it was a lot of work and a remarkable job. Mr. Annunziato further informed the Council that on almost every City Council Agenda, there has been some question regarding utilities and service to the unincorporated area. His department attempted to outline for the Council what the existing and what the proposed utility system is to serve these areas. They did it in connection with the Utility Department. In some instances, the information is a bit dated, Mr'. Annunziato advised, in that some of the things that are shown such as a 20 inch.~water main advertised for bid now have been awarded and are under construction. Mr, Annunziato said the area is served from two directions: from Congress, and a great part of it will be proposed to be served from Lawrence Road with east/west tie lines directing into the existing water plant and ~nto the City's existing sewer plant. In the future, the water lines will be directed to the west with some future water plant and will grow in size as they go to the west. For instance, the serving of the Santaluces School will be via a six inch force main, which will result in an eight inch, going into a twelve inch, then into the lift station which is currently under construction. Water at Santaluces will be from the 16 inch water main, which is at Congress and Miner Road, Mr. Annunziato'~continued, via a 20 inch water main which will parallel the City'~s for.ce main 316, which will go both north and south on Lawrence Road, forming the north/south anchor for all of the area frOm'~H~ypoluxo Road south to Woolbright. Mr. Annunziato further advised that'the sewer collection will be via. force main and outside lift stations directed into the South - 21 - MINUTES - REGULAR CITY COUNCIL ~EETING FEBRUARY 2, 1982 County Regional Wastwewater Treatment and Disposal-Plant by a system of force mains and master pump stations. Of interest would be lift station 316, which is at Canal 20 and Lawrence Road, Mr. Annunziato continued. Master lift station 319 is located just.to the west of Congress and Second Avenue, and then there is a master"lift station under constructionthat does not Show on the map, which will be on Golf Road, to the west of where Lawrence Road.will be projected southward, which connects the 20 inch force main into the 36, which goes to the plant. Vice Mayor Trauger did not realize he would be getting Mr. Annunziato into such a vast amount of work when he started this project a couple of months ago. Vice Mayor Trauger added'his compliments to Carmen Annunziato, City Planner, for the beautifully prepared map and information sheets, which were in great detail. Vice Mayor Trauger moved that the City consider an~ ordinance and have City Attorney Va.nce draw it up for the City's future area. City Attorney Vance thought perhaps the item previously raised under "3. LEGAL, Other" may cover the situation. Vice Mayor Trauger had an ordinance he picked up from four or five other cities. He quoted from Delray Beach's ord~inance pertaining to ~furnishing water service to outside of the City limits. Vice Mayor Trauger said if anyone petitions the City 'for wa~er,~-tkey automatical~ty come in With an application for acceptance into the City if they meet~the criteria. Vice Mayor Trauger informed the Council that it said, "The agreement attached hereto provides that the City of Boynton Beach will, under certain, circumstances, provide water service to real property located outside of the City of Boynton Beach city limits, also that the agreement constitutes a voluntary petition for annexation pursuant to the provisions of Section 171.044 of the Florida Statutes, or any successor or amendments thereto. Further, that any other general law, special act, or local law be enacted which provides for voluntary or consequential annexation, %he agree- ment shall also be considered a petition and a request for annexation under such other laws." 'Vice Mayor Trauger believed that would assist the Council greatly. Mayor Harmening suggested it be~given to the City Attorney and let him look at it. City Manager Cheney asked if the Council wished the City to pursue the same kind of thing on-the west side of Lawrence Road'. Council- man deLong 'warned that there would be trouble with the developers out there, and thought they should just look at what they had on the map now. Vice Mayor Trauger thought they should look at the whole thing. Councilman deLong remarked they could have workshops. City Manager Cheney advised they should look at the west side of Lawrence Road because thsre may be some situations where the utility systems will go "kaput" pretty soon. Vice Mayor Trauger moved to instruct the City Staff to prepare something of a similar nature for~'the west side of Lawrence Road. The motion was seconded by Councilman Wright and carried 5~0. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Review of First Development Phase - 30 Acre ~Park City Manager Cheney informed the Council that the City had the next phase from the architects, and the Council knew they were talk- ing about the tennis center. He showed the Council what the architects had brought in for the configuration of the tennis build- ing and the location of the first court. He wan%ed the Council to authorize the arChitect to go on with construction drawings of the building. City Manager Cheney said then they could get~±nto an area of cost estimating, and th~ whole thing could be bid. City Manager Cheney informed the Council that it would come back to them in a few weeks as a s~te planning rev±ew process. Charles Frederick, DireCtor of Recreation and Parks, showed the Council the or±g±nal concept prepared by Revenue.Consultants last summer so they could associate the first phase of development with the tennis courts and where they would be located on the property. Mr. Frederick said the plan had been reviewed~by staff and by the Recreation and Parks Board at their last meeting in conjunction with the design of Wallace, Roberts & Todd. Mr. Frederick pointed to Congress Avenue, Charter Drive, and Palmland. He said the basic concept for the first phase of development~was a ~ighted, eight course tennis court complex with a pro shop, access parking, and auxiliary features. Mr. Frederick wanted the Council's approval to go ahead and give the consultants the authorization to proceed. Mr. Frederick said there would be a very Simple building and with landscaping and color, they should be able to generate a club type atmosphere with a facility. He pointed to the pro shop, windows in the front and side, the control area, the storage area, two restrooms, additional storage area, and the courts. Eventually, as they grow, Mr. Frederick hoped to ha~e another eight courts on the same side and the same pattern so it would all blend in. He advised that the pro shop would be centralized in the facility. Mr. Frederick said they reviewed all of the de~ailS~.of square footage needed for the restrooms, the showers, and lockers. Council- man deLong asked if the funds were available. City Manager Cheney replied that some funds were a~ailable with the Revenue Sharing and some was to be taken out of the Recreation Fund. C~ty Manager Cheney did not know the cost yet. Mr. Frederick informed the Council that the pro shop is elevated and will be landscaped and actual bleachers set into the sides to give it a center court section. The bleachers are alternate, the canopies are alternate, and the landscaping can be done by the City instead of being done by contract. The lighting will be set up as an alternate bid in case funds are not available, so everything will be set up on alternate patterns in order that they can make choices of dollars and determine where the priorities are, Mr. Frederick further advised. - 23 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong moved to authorize the architect and consultants to proceed with the development o{ the 30 acre park, as presented by the Recreation and Parks Department. The motion was seconded by Councilmember Woolley. Vice Mayor Trauger asked what the bid time'was and how close the City was to the October deadline. He asked if the City could get it done in time. City Manager Cheney replied, "We will get it done in time." Vice Mayor Trauger asked if the building was to be completed. City Manager Cheney said~that was correct. The City wOuld get it done. They have to. NEW BUSINESS Appointmentof Captain JOhn 'Ga~rdner - Police"Pension.~Board Mayor Harmening mentioned 'that since the resignation of Noah Huddleston as Chief of Police, Bill Hamilton was elevated to Chief of Police, so there is an automatic slot on the Police Pension Board, as Chief Bill Hamilton's Position is' now open. Mayor Harmening advised that Tereesa Padgett, City Clerk, conducted a survey. It was not necessary to hold an election, as Captain John Gardner received 38 votes and ~nly 34 votes were needed. Captain John Gardner was recommended as the appointee, Mayor Harmening continued. Councilman deLong moved to appoint Captain John Gardner to the Police Pension Board, seconded by Councilmember Woolley, Motion carried 5-0. Resolution of Board of County Commissioners - Capital Utility Charge fox Cal~osa and Diamondhead Park City Manager Cheney said the Resolution was just received today. Mayor Harmening said he had answered the letter from Chairman Norman Gregory, Board of County Commissioners. In his letter, Mayor Harmening advised that he told Commissioner Gregory that it was not within theCouncil's ~.pr.e~0g~ive to waive charges of this nature, Councitmember Woolley asked if they were normally waived. City Manager Cheney said the County does not waive building per- mits, etc, themselves as their Buildi,ng Department is self-support- ing, but he said this was a utility bond issue, and the charges are made to everybody. City Manager ~Cheney said the County makes the point of giving TwoMillion Dollars out of the Fifty Million Dollars for the Boynton Park. City'Manager Cheney said the City helped' pay for 'the Fifty Million Dollars. City Manager Cheney did not recommend that .the fees be raised. He recommended the request be den~ed. Vice Mayor Trauger moved to deny the request of the County Commiss- ioners and to'let City Attorney Vance explain the legal reasons why it was denied. Motion carried 4-1, with Councilmember Woolley voting against the motion. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Inlet Commission - Request'ed by 'COuncilmember Woolley It was brought to Councilmember Woolley's attention.that the City of Boynton'Beach should oppose what the Lake Worth Inlet Commission has recently decided to do in providing commercial dock spaces at the inlet park. Councilmember Woolley was not at the meeting but stated that Vice Mayor Trauger was there. Councilmember Woolley stated that she received a lot of phone calls and understood there was a petition circulating which she was asked to-sign. Vice Mayor TraUger said he had signed it. Councilmember Woolley advised that the petition started With 500 signatures, had gone to 800, and they were hoping to have t,000 signatures from Boynton Beach. Councilmember Woolley also received a telephone call from the City of Manalapan, and they are sending a formal letter thrOugh their Town Manager, and also Ocean Ridge, opposing the commercial docks. They wanted the support of Boynton Beach, Councilmember Woolley advised. Councilmember Woolley also talked to Chuck Potter from Lantana, and they are also going to oppose it, as well as South Palm Beach. Therefore, Councilmember Woolley moved to have City Manager Cheney oppose it. She asked Vice Mayor Trauger to add to her comments. Vice Mayor Trauger seconded the motion. Vice Mayor Trauger said the bulkhead was built a year or so ago so people would have a safe place to fish on the inside of the picnic area. Last week there was a barge with a rig and slips for eight boats at the very place where people fish. Vice Mayor Trauger advised that the slips were designed to hold drift boats. Vice Mayor Trauger said it denies the people from fishing. Vice Mayor Trauger believed it was the~only place you could park and f~h~ until you got up to Singer Islan~ without a charge. ~i~ Mayor Trauger added that the contract for putting the piling in was $28,000.00. Vice 'Mayor Trauger said it was figured from the attorney that they would probably have to pay a damage fee of approximately $8,000.00 to get out from under it from Murphy Construction Company. They were figuring on $50,000.,00 income to offset the cost. Councilman deLong~ said the boat slips had been there for many years. Vice Mayor Trauger said they rebuilt it. Up until about twelve or fourteen years ago, Mayor Harmening said, there was commercial fishing and a lot of people would go down there to watch the charter boats come in A vote was taken on Councilmember' Woolley's motion, and the motion carried 5~0. ADMINISTRATIVE Consider Utilizing Some Funds from Auction to Purchase Cruiser for Police'Department Councilman deLong moved to accept City Manager Cheney's recommendation - 25 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 for the transfer of funds and that the memorandum be made a matter of public record. COuncilman Wright~seconded ths~motion-. The motion carried 5-0. Vice Mayor Trauger asked if they were getting four LTDs. City Manager Cheney replied that was the State bid. Vice Mayor Trauger asked if the majority of the police cruisers were Plymouths. Bill Sullivan, Director of Purchaser, informed the Council that Dodge no longer makes a standard automobile. Mayor Harmening thought it might be possible to get a local bid~that would be cheaper. He felt it would be worth exPloring, City Manager said that was tried a couple of times last year. Councilman deLong felt Clinton Edwards, Supervisor of Equipment Maintenance gave a good ~eason why they should have the Ford LTDs. Consider Intern' Position -~Requested by Vice Mayor Walter 'T~auqer Vice Mayor Trauger received some information f~om Duke University about a public administration intern program. He asked the City Manager of West Palm Beach about-the~intern he was using. In looking at the budget of the City (although he was not in favor of an Assistant City Manager at the time it was brought up), Vice Mayor Trauger wanted to bring a young college'gradutate i~ with a bachelor's degree or somebody with a master's degree at a r.easonable price, as a management intern to work a full year's time in Boynton Beach. Vice Mayor Trauger also wanted to establish that it follow the management intern program showing th~ job description, work performed, and qualification and skills, fu~nished~?.by't~e.~City~of West Palm Beach. Vice Mayor Trauger moved that the City Manager explore whether the intern program~will fit into the City of Boynton Beach, and that the position pay between $11,500.00 and $12,500.00, and bring it back to the Council for their recommendation or acceptance. Councilman deLong asked ~f it would be more economical than hiring an Assistant City Manager. Vice Mayor Trauger said it would be much better~ Councilman Wright stated he had experience with people who worked in those programs and they did quite well. The motion carried 5-0, ConSider Conversion of Recreation Tennis Center Position from Part Time to Full Time City Manager Cheney informed the Council that-there is a part-time position, where the person actually~works close to forty (40) hours a week with no fringe benefits. Since the position is necessary and valuable, City Manager Cheney s&id the City would like to convert it to a full-time position. Councilman deLong moved, seconded b~ Councilmember Woolley, to approve the request. Motion carrie~ 5-0. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Consider Request for one year time extension 'for office construction, submitted by Charles J. Simon, D.D.S. Mayor Harmening advised the Planning Department submitted a memo stating they had no objection to the extension. Councilman deLong moved to grant the extension for one year, seconded by Councilman Wright. Motion carried 5-0, Zoning Approval for Alcoholic Beverage License - Food Etc., Inc., 1600 North Federal Highway, Boynton Beach, Florida Councilman deLong moved, seconded by Councilmember Woolley, to grant the approval. Motion carried 5-0. Request for Refund on Cemetery Lots Councilman deLong moved to approve the request for refund on Cemetery Lots 239 A and B, Block N, Boynton Beach Memorial Park, Addition ~1, less 20%. Councilman Wright seconded the motion. motion carried 5-0. The Approval of Bills City Manager Cheney read the following bills for approval: Barker Uniforms, Inc. Uniforms for Police Department Pay from General Fund 001-211-521-30-97 $ 2,256.76 e Board of County CO~nissioners For use of County Landfill for December, 1981 Pay from General Fund 001-341-534-40-9A 18,927.00 Case Power & Equi~nent Invoices for T-6 Tractor (Sanitation) Pay from General Fund 001-341-534-40-33 1,661.76 Davis Water & Waste Ind., Inc. For Odophos Liquid No', 1 delivered to pumping stations Pay from Water & Sewer 'Revenue 401-352-535-30-65 9,800.00 Ernst & Whinney Interim billing for professional services thr~ough December 1981 relating to 1981 Financial Statements Pay from General Fund 001~131-513-40-66 5,485.00 Pay from Water & Sewer Rev 401-393~539-40-66 4,865.00 10,350.00 10,350.00 Jim G~aham, Inc. Auctioneer's Cc~mission & Expenses for City Vehicle Auction January 23rd, 1982 Pay from General Fund 001-195-519'90-12 2,624.65 - 27 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2 , 1982 e 10. 11. 12. 13. 14. 16. 17. IBM Corporation System 34 Rental~ for January, 1982 Pay from various departments General Fund Neptune Meter Company for 4" Tru/flo Compound and 4" Strainer Pay frc~ Water & Sewer Revenue 401-333-533-60-51 Council approved 1/5/82 South Regional Wastewater Treatmant Board Services in the treatment & d~sposai of wastewater for month of December, 1981 Pay fromWater & Sewer Revenue 401-353-535-40-9I South Regional Wastewater Treatment Board For professional, services, rendered 'by Russell ~ Axon for Regional Wastewater Treatment & Disposal Plant Pay from Utility General Fund 403-000-169-11-00 Unijax Parts & Supplies needed in the building for cleaning and maintenance Pay frc~ General Fund 001-192-519-30-92 Publix ~for needy & infirmed for December, 1981 Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance #73-15, passed 5/15/73 2 wks. 320-641-564~40-5A Willie Ruth McGrad · Server for Sen!or Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73. 2 wks. 320-641-564-40-5A Finton Construction Co. Swale Construction & Drainage on Seacrest Blvd. ~and N, W? 19th Ave. Pay from 1980-81 Budget 001-411-541-60-31 Per bid 3/25/81, Council approved 9/1/81 Halsey ' s 8 Executive Swivel Tilt Chairs Pay from Anti-Recess±on 102'000-247-09-00 Per bid 11/6/81, Council approved 1-1/17/81 Nalco Chemical Nalco Liquid forC°mpanYTreatmentWater Pay from Water & Sewer Revenue 401-332-533-30-65 6,213.00 2,214.00 63,752.00 3,156.12 1,048.05 31.76 140.40 134.40 822.00 2,768.00 5,779.80 - 28 - MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 2, 1982 Councilman deLong moved that the b±lls, having been found to be in order, be paid. The motion was seconded by Councilman Wright. Motion carried 5-0. Police - Requested by Councilman deLong Councilman deLong believed everyone received a communication involving the marvelous work the Police Department had~ been doing in Sterling Village. Councilman deLong m~v~di' that' the .Council instruct City Manager Cheney to send the members of the Police:-~. Department' w~o participated in ~their own time in the apprehension of the culprits of Sterling Village a letter of commendation. Vice Mayor Trauger seconded the motion, and the motion carried 5-0. ADJOURNMENT Councilman deLong mOved, seconded by Councilmember Woolley, to adjourn. The motion carried 5-0, and the meeting was properly adjourned at 9:50 P. M. ATTEST: j.~-~ ' City C!e (Three T~os) CITY OF BOYNTON BEACH / Mayor ~/ t~/ ~/ ~ Counci~l~er - 29 -