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Minutes 05-05-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 5, 1981 PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice-Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Council~n Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening called the meeting to order at/~:30 P.M. The invocation was given by Reverend Edward Wollenweber, pastor, Boynton Beach Congregational Church. Councilman Joe deLong led in the pledge of allegiance to the flag. AGENDA APPROVAL Mr. Cheney asked to add two items. (1) Legal - Emergency Ordinance re Water conservation (2) Administration - Two (2) additional requests for approval to destroy old records. Vice-Mayor Trauger moved to approve the agenda with the additions as requested. Motion seconded by Mr. deLong and carried 5-0. ANNO UN CEMENTS Councilman deLong introduced his grandson (one of eight) George deLong III who was in the audience. MINUTES Reqular City Council Meetinq of April 21, 1981 Councilman deLong asked that the following be added in the 2nd paragraph, Page 8 after the motion was seconded. "Mr. delong was dubious about the curb cuts on Federal Highway". Mr. deLong then moved to adopt the minutes as corrected. seconded by Mrs. Woolley and carried 5-0. Motion Special City Council Meetinq of April 27, 1981 Mr. deLong moved to accept the minutes as presented. by Mrs. Woolley and carried 5-0. Motion seconded PUBLIC AUDIENCE Mayor Harmening stated if there was anyone in theaudience~ who wished to address the CounCil on any item not on the agenda they should come forward at this time. If anyone would like to speak on any item on the agenda, please give your name to the City Clerk and you will be called when that item becomes the order of business. M~NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEAGH', FLORIDA MAY 5, 198t BIDS Lonq Term Disability and Group Life Insurance Mr. Cheney advised three (3) bids had been submitted on this item and read into the record his recommendat~ions as follows: Change the term insurance for retirees from $1,000 to $3,'000.~ e Increase general employees term insurance from $5,000 to $10,000 and add accidental death and dismemberment. e Change long term disability coverage through a maximum age of 62 to 70. Allow employees to buy more insurance in increments of $1,000 up to the rate of their annual salary through payroll deduction at no cost to the City. Se Do not make any changes in Police & Fire coverage for police and fire employees who are subject to Union contract. 6. Make an award to Equitable for the coverage. Mr. deLong moved to accept the recommendations of the City Manager. Motion seconded by Vice-Mayor Trauger. Under discussion Vice-Mayor Trauger asked if this had been dis- cussed with the employees. Mr. Cheney said it had not. He also inquired about age 70. Mr. Cheney explained that we did not have age 70 as mandatory retirement but insurance was not availa- ble after 70. At this time the City has one employee over 70. Motion carried 5-0. 15,000 Consecutively Numbered Beach Decals - City Clerk Mr. Cheney stated six (6) bids had been received and recommended the award be made to Northwood Screen Printing Co. in the amount of $1,050.00 which includes an added charge for a change in shape of the decal. Councilman Wright moved to award the~ bid as recommended. Motion seconded by Mr.deLong and carried 5-0. Mr. deLong requested that the amount of the bid be noted on. the agenda memorandum in the future along side the recommendation. Twelve (12) Small Portable Cassette Dictation Units The City Manager advised that four companies submitted bids; $3,600.00 had been budgeted by the police departments and the bid totals $2,340.00. He recommended that the award be made to Business Machines, West Palm Beach. Mr. deLong moved to award the bid to Business Machines as recommended. Motion seconded by Mr. Wright and carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Water Plant Irrigation System Mr. Cheney stated only one bid was received and recommended that the bid be awarded to The Garden Store, 414 E.Ocean Avenue, in the amount of $2,681.00. Mr. deLong moved to award the bid as recommended. Motion seconded by Vice-Mayor Trauger and carried 5-0. The Mayor and Vice-Mayor requested the adjoining storage area along Seacrest be cleaned up and also the storage area at the old sewer plant needed some screening according to Mayor Harmening. One (1) New Three Wheel Riding Commercial Rotary Mowe~ Mr. Cheney recommended~the award be made to DeBra Turf and Industrial Equipment Co., Hollywood, Florida in the amount of $3,495.00. He noted that the low bid did not meet specifications. Mr. deLong moved to accept the bid as recommended. Motion seconded by Mrs. Woolley and carried 5-0. One (1) New 1981 Three Wheel Pin Type Chassis Turf Vehicle The City Manager recommended that the bid be awarded to the sole bidder, DeBra Turf and Equipment Co. in the amount of $5,299.71. Vice-Mayor moved to accept the recommendation. Motion seconded by Mr. deLong. Mr. deLong questioned the budgeted amounts being the same as the bid figure. Mr. Cheney explained these forms were in error - the amounts shown should be on the bid line and not the budget line. Mr. deLong expressed his interest in budget comparison on these bid items. Motion carried 5-0. Library Furnishings The City Manager explained that %wo bids came in on the shelving for the library; $10,000.00 had been budgeted and the bid totals $11,236.63. He recommended that the bid be awarded to Newton Seating Co., Jacksonville, Flor±da and that a transfer of $1,250.00 be approved from Revenue Sharing Fund. He noted that quotations had been received on catalog drawers. The total purchase price on the shelving and catalog drawers is $12,749.46 total budget $11,500.00. Mr. deLong moved to accept the recommendation. Motion seconded by Vice-Mayor Trauger and carried 5-0. PUBLIC HEARING - None DEVELOPMENT PLANS Applicant: Location: Use: Antonio Velardo, submitted by John Pagliarulo, Agent N.E~ 15th Place & U.S. ~1 Construct 18 stores and 18 offices - TABLED Mr. deLong moved to take this question from the table. seconded by Vice-Mayor Trauger and carried 5-0~ Motion -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Mr. Cheney advised that at the last meeting the question came up as to the requirement of an elevator in this second story building and he checked this matter out and the State Handicapped requirements provide that "Buildings having accessibility at habitable grade levels where no elevator is provided, shall not be required to levels if facilities normally sought ~nd used by the public in such bUildingS are accessible to and usable by the physically handicapped At ~uch habitable grade levelS.." Th~s is interpreted to mean Ghat the facilities i.e., stores and offices that are being sought by the public must be duplicated at the grade level of the building, if they are to be located at the second floor level, in order to avoid the installation of an elevator. The City Attorney concurred with this interpretation. Mr. Pagliarulo,. as well as several members of the Council, found the excerpt from the co~e difficult to interpret. It was agreed that an elevator would be required. Mr. Trauger~moved to approve the site plan as submitted subject to the staff comments a~d the elevator being installed. Motion seconded by Mr. deLong and carried 5-0. Applicant: Location: Use: Century Bank, Inc., submitted by J. Daniel Stephens, Vice President S.Eo 18th Avenue at U.S. #1 (S.W. corner) Relocate bank parking lots to accomodate Burger King Mr, Annunz±ato expla±ned that this is a companion application to the Burger King site plan which the Council considered at the last meeting. The applicant is requeSting to relocate his park- ing, which is currently located to the north of the bank building facility, to the west b~tween the bank proper and the drive through- windows. The applicant proposesTM to access this site with a new drive way which would be constructed to the north of the bank building and to exit fr©-m his site ~rom an existing driveway to the south. In addition, the bank would benef±t from the driveways constructed by Burger King accessing 18th Avenue. Vice-Mayor questioned an existing curb cut as shown on the map. The Planner explained that there is an existing curb cut apron at this point but there is a sidewalk there now. This plan proposes to construct a driyeway at that point'. The next curb cut south of th~s one i~ approximately 138 feet an~ is proposed as an exit only, The e~±t from Burger King as apProved is approximately 21 feet n0~rth of the. proposed bank entrance. Mr, Trauger questioned %he possIbility of the two businesses using the same curb cut~ Mr, Annunziato advised that this alternative had been discussed at length at the time the traffic impact analysis was being prepared. Based on the study by the traffic engineer it was determined that would not be feasible -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 traffic wise. Mr. Trauger then asked if it would be possible for the bank to continue to come in from 18th and exit on U.S. #1 without an added curb cut. Mr. Annunziato further explained that this issue was discussed ak great length at the Planning & Zoning Board meeting concerning access to the site. It would be helpful if we discuss the recommendation which was made at that time and the position that the Planning & Zoning Board took. He further stated upon review of these plans after approval of Burger King plans an alternative raised at'Planning and Zoning Board level was to make the southerly driveway entrance only, therefore allowing approximately 138 feet or the length of six or seven cars to stack in front of the bank with- out blocking the exit for Burger King. Then have them exit onto 18th Avenue which they currently do. He then read the staff comments into the record as follows: Police Department: Public Works Dept.: Planning Dept.: Subject to parking lot lighting and traffic control signs and directional arrows painted or posted in lot. Contact Public Works when slab for dumpster is ready. Extend sidewalk thru limits of developed property Energy Coordinator: Recommend energy-efficien.t (Sodium-vapor) Lighting. Mr. deLong stated he thought the recommendation of Planning and Zoning Board was the only sensible thing to do and explained that just east of this location is the beginning of a turning lane for the north entrance to Seagate.and classified this spot as a potential deathtrap, Mr. Trauger question Mr. Annunziato about this, agreeing with proposed change to make the entrance clear to the south and existing on 18th. Mr. Annunziato stated that was the proposal the Planning Board adopted in their recommendation to the City Council, and that this also comes to the City Council with a positive recommendation from the Community Appearance Board. Mr. Burl George, Attorney for Century Bank, came forward and stated he had the architects, designers and planners with him that worked on this at great lengths in conjunction with Burger King and said he would like to point out how this would not work from a practical business point of view. Mr. Robert Wedding, Architect for Century Bank explained their front door was on the northside, also an automatic teller machine and stated he felt it w~s an undue hardship and would be unacceptable to his client. He offered a modification of deleting one parking space adjaCent to the front door giving a clear 50' of runway on the northside entrance which would allow people to come in and get on to our site before any backup began. He felt this would give them a front door to the world and also help alleviate the stacking problem on U.S. ~1. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Mayor Harmening questioned if this had been discussed at the Planning and Zoning meeting. Mr. Wedding stated he had seen it in the minutes. He further stated that the proposed reverse route - coming in on the south and flow to the north and exit on 18th would impair our circulation to a point that it would be unacceptable. Mr. George added that his reading of the minutes led him to believe that this was before the Council at the last meeting - the question of the proximity of the two driveways and it was in effect - if you approved Burger King that meant this aspect would be approved and the Council tonight would be looking at the internal situation. Vice-Mayor Trauger said yes, they did look at that in connection with Burger King. It was the bank who elected to sell the property to Burger King and that was approved at the last Council meeting but the City Council realizes that this may propose some- what of a hardship to the bank. The problem of the City Council is the safety of the people along U.S.#i and the stacking up. Mr. Annunziato clarified that this same issue came up at the Planning & Zoning meeting - the bank site plan followed Burger King at their meeting also at Council meeting. The Mayor questioned Mr. Annunziato again regarding the site plan approval for the bank parking lot at the last Planning and Zoning Board meeting as to whether their approval was subject to this proposal. Mr. Annunziato stated the proposal was that the northerly driveway be eliminated in its entirety to the extent that it passes along the bank proper and that the southerly drive- way be changed from an exit only to an entrance only, therefore allowing stacking on U.S. #1 which Would not encumber an existing or proposed driveway. Mr. deLong expressed his thinking that the original plan for Century Bank was overly generous allowing five lanes of traffic on 18th Avenue and several ingress or egress on U.S. #1 which tends to make control of traffic most difficult. Mr. Moore, representing Burger King, stated it appeared the Planner or Planning and Zoning Board was trying to separate the site plan ~Century Bank and Burger King) at this time. These two site Plans have come through in tandem since the first inception. He went on to say he was at a loss to understand the exact issues that are being brought up again by the Planning and Zoning Board and the Planner were thoroughly discussed at every Board meeting. In fact, one of the recommendations of the Planning & Zoning Board to turn this down was discussed based on the overall site plan which is again being put before you. The specific issue was thoroughly discussed with this Council as to the proximity of the entrance into the bank and the exit from -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Burger King, Mr. Moore continued by saying he felt these matters had been thoroughly thrashed out and it was his under- standing that they simply had to go through the administrative routine of bringing this particular segment of the overall application forward to meet went on to explain that the when the bank did not ask fo got theirs. He felt this wa: Mr. Vance said the bank requ and requested it be tabled. King application at the last sidering the bank site. Mr. getting too technical, talki~ it ridiculous when people in payers have to come up here ~ Mr. deLong asked the City At~ that these codes could be am~ approved such as Century Ban] not later be subdivided. At~ it practical because over a ! and property is redone in va] felt the records should be kc recom north isfac recor to re inclu avoid Mr. G which give ~our administrative procedures. He ~hing got separated at one point a recommendation when Burger King all understood.. sted or withdrew its application Council considered only the Burger Council meeting. Now we're con- Moore stated he felt they were ~g about property rights and thought bUsiness, property owners and tax- ~nd hear that kind of explanation. ~orney if there was any~possible way ~nded that once a plan has been [ has been approved that they could ~orney Vance stated he did not think ~eriod of time many things do change ~ious ways. Mr. Vance stated he pt understandable. We have a mendation from Plann±ng and Zoning Board to eliminate the driveway. It appears ~hat the applican~ finds that unsat- tory. He feels, the best method to ~'eep a nice straight ~, so that everyone can understand' it, is for the applicant ~uest that the Council Vote on their site plan as submitted ~ing the north driveway~ either up or doWn; then we will any confusion at date if the problem arises. sorge agreed that th they had offered to 50 feet of stacking Mr. V~nce clarified then Council on that basis wou Planning and Zoning Board, the mDdification of the'e] the nDrth driveway. Mr. G~orge explained to C~ King ~as spent a great del to de~ermine the best rou~ to coi~trol traffic in an the City an attractive Mr. V.~nce questioned the this ~n existing~building City, ~ou have constructe¢ attor~ley replied, "Yes, s~ the 1.~st time I saw it." had a problem, coming in they i~ad leased their exi con~t~3uction of Burger they ~ad a great deal of ~as logical with one modification .minate the one parking space to .de the site. · the question that would go to the ~e the site plan not as approved by .t the site plan they submitted with nation of one parking space retaining il that both Century Bank and Burger .f money with experts in this field .o take. They haVe made every effort ~rly and safe manner and to give to ty. rney represent±ng Century Bank, "Is ed upoma site plan approved by the , its out there, operating?''~ The I assume it is, it looked that way Vance stated that the reason they a modified site plan, was because parking facility to Burger King for ~nt. Mr. George explained ed, underdeveloped land still ~n MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 conjunction with the bank and the reason they are here and Burger King was here was because they were attempting to sell off some surplus land. Mr. Cheney expressed his concern over the complaints they would have in the future. He explained that for safety no parking was allowed 50 feet before an inter- section or 30 feet after. He thought it important to remember that we have here a curb cut situation of 21 feet away from what would be a very successful Burger King and he could not understand how that relationship could be a safe, good traffic movement situation. Mr. George stated in response to that, that the engineers in the Department of Transportation, whose job is to make such determinations, has determined that it is not an unsafe situa- tion. Mr. Trauger moved to reject the site plan proposal as submitted by the Century Bank, seconded by Mr. deLong. Carried 3-2 with Mr. Wright and Mrs. Woolley voting no. Applicant: Location: Use: Cumberland Farms, submitted by William Selig, Agent N.W. 2nd Avenue (north of Fairlanes Bowling Alley) Modified Site Plans for 3,400 Sq. Ft. Commercial Building Mr. Annunziato explained the proposal was to construct a 3,400 square foot commercial building in which one of the bays will be a Cumberland Farms store, 1600 square feet, with the remaining 1,800 square feet being dedicated to rental space and the construc- tion~of 17 parking spaces to serve that commercial property. Parking spaces being along the north of building and adjacent to the west property line of the building. He explained that when this plan was approved by Council some six weeks ago, the proposal was for a somewhat smaller building and a proviso attached to proposal that the applicant connect his driveway which existed at rear of building, to the bowling alley's driveway in order to accommodate a loading space for trucks, which would be to the rear of his building. Additionally, there was a staff recommendation that the driveways be consolidated to one driveway which would be located somewhat to the east of the center frontage of property on Second Avenue. This has been accommodated. There were addi- tional staff comments which were adopted by Council which has also been incorporated into the plan, such as sodium vapor lighting and the need for an easement for a sewer connection from the bowling alley at this location. In effect, the applicant is pro- posing to change the location of his loading space for his truck from behind the building to the east of the building on property which would be leased from the bowling alley proper at this loca- tion. This somewhat exceeds the recommendation that was made at the time of plan approval for a connection of this driveway thru to the bank property. Mr. Annunziato stated that this application had been reviewed by the Technical Review Board and recommendations to Planning and Zoning Board which wer~ emade as follows: -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, F~ORIDA From Building Department: 1. Loading zone area subject to easement center owners. MAY 5, 1981 approval by bowling 2. Plan scales 18" overhang on east end of building, however, only allows 1' of land ~pace to property line. ' 3. The scale size of all signs frontage are too large regard- lng existing sign co~es. 4. Board of Health appr~ 5. Department of Transp~ From Engineering Department A cross-section show~ drain should be show] Inlet structures shol elevations. Elevations should be as per legend. 4. Plans must show how the east side is to be shown. From Police Department: Subject to security ligh~ signs. From Public Works Departmen~ Increase size of dumpste] )val required. )rtation turn out required. ng required membranes for french ld be shown along with details and shown at all designated locations trainage for property utilized on )e accommodated and elevations should ~ing on building and traffic control pad to 8 ' From P'lanning Department: Perpetual easement over adjacent property required. He stated these recommendat$ons went to the Planning and Zoning Board with an overall reco~endation that the plan be approved subject to comments. The P%anning and Zoning Board recommended to the Council that the modified site plan be approved subject to staff comments. The plan dSd go before the Community Appearance Board and subsequently comes to you with a positive ~ecommendation. loading space to noise creation MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 and is now being reversed. The easement was discussed and it was agreed that this did not alter the bowling alley frontage. Mr. Bill Selig, Construction Supervisor for Cumberland Farms explained that the building had not changed in size nor has it moved on the plan. The only difference is that the Farm store has reversed positions. The plan was to improve the 30 foot easement and create a better traffic pattern for deliveries, which are made during the day. He assured Council that the mansard does not overhang the property line. All requirements of all the Boards have been met. Mr. George Thomas, representing a group of condominiums in Leisureville area directly to the east of the proposed building site, spoke in regard to Fairlane having an interest in the approval of this proposal because it would make it easier for the movement of this piece of land. He explained that when they bought this land in 1974, it was zoned C-1 and was 200 feet x 600 feet. When they submitted their site plan in 1975, they reserved this land for sale as a building site for commercial enterprises having paid a good price for the land, obviously they hoped to recover substantially on their investment, it would be to their interest to aid any buyer in anyway to help them move this land no'matter what problems it would create for their neighbors to the east. He cited several objections to the proposal including possible violation of th~ front footage for the bowling alley, possible vehicular accidents, a great possibility of rats and added air and noise pollution because of the closeness to the condominiums. He urged the Council to to exercise their right and to deny the site modification petition. Mr. Jim Torbit, membsr of the Board of Directors of the Leisureville Association, endorsed what Mr. Thomas had said very strongly. He believed that the possibility of confusion here is very real and the possibility of traffic problems. Many trucks have been seen coming in here ahd we, the Community of Leisureville, urge the Council to deny this. Mr. deLong moved that the modified site plans submitted by Cumberland Farms be denied. Motion seconded by Mr. Trauger. Mayor Harm~n±ng questioned the easement grant and Mr. Vance ex- plained that as long as you retain the underlying fee, you meet the frontage requirement criteria. Motion carried 4-1. The original approved site Plan was still in effect. Applicant: Location: Use: Village Royale Owners League, Inc. submitted by George Barnett, Agent 2501 N. E. First Court Construct Management Office and Craft Rooms Mr. Annunziato stated the Village Royale H~me Owners League, Inc. requested to modify the existing model building and tear down the sales building to accommodate a craft room and office facility. There were three changes, which Mr. Annunziato explained: -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 1. to demolish the sales building located to the east. internal modifications to the four unit model building to provide for craft rooms and for offices for the association. to modify the parking to accommodate a now code standard parking lot. This went to the Planning and Zoning Board with recommendations from the staff as follows: From the-BUilding Department: This building shall be made to conform to existing codes regarding the new occupancy, namely small assembly and business. 8 demolition permit will be requred for the demolition of the frame sales office. From the Engineering Department: The elevation of the crown.grade N. E. First Court should be shown. e Drainage calculations are required since the area exceeds 22,500 square feet. From the Police Department: modified building. Subject to security lighting on From the Energy Coordinator: Recommend energy efficient sodium vapor lighting in parking lot. These recommend~ations went to the Planning and Zoning Board and the Planning and Zoning Board adopted them into their recommenda- tion unanimously. This was also reviewed by the Community Appearance Board and comes to you with a positive recommendation. Mr. deLong moved to accept the unanimous recommendation of the Planning and Zoning Board. Mr. Harold Weiner, Village Royale on the Green, spoke on this petition, stating that he felt some of the people in Village Royale did not want this and recommended to Council to table it until 75% or so of the people in Village Royale could vote on it. Mr. George Barnett, Village Royale on the Gree~ President of the Owners League, which is the governing body of the recreation area, explained their planned construction program, to take over from the developer, the recreation property plus additional property to erect a new clubhouse, office space for management and to relieve over crowded situation in the recreation area. He stated they had an agreement with the developers and approved by the league and unit owners, and that they have done according to the -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 agreement. This rehabilitation of the model building and sales office is one of the final acts of the agreement. He said they needed this, everyone knew about it and 'all agree to it, they would get rid of eye sores, beautify this and have additional parking spaces. He said this was a program no one objected to and all contributed to. Mr. deLong moved to approve the modified site plan submitted by Village Royale on the Green Owners League, Inc. to construct management offices and craft rooms subject to staff comments. Motion seconded by Mrs. Woolley. Carried 5-0. Preliminary Plat: Location: Use: Congress High Point of Boynton, - TABLED submitted by Nabil Hansen Congress Avenue and S.W. Congress Boulevard Construct 556 Units, Two Recreation Areas and Two Lakes. Mr. deLong moved to remove this from the table, seconded by Mr. Trauger. Carried 5-0. City Attorney, Jim Vance gave a report, stating that at the conclusion of the last meeting he had given the applicant's representative, Mr. Hansen, three names of independent M.A.I.'s in connection with our Code provision that permits an appraisal to determine the value of land. The developer has indicated he does not wish to spend money for an appraisal, that he'd first like to work it out with the Council. He stated that the developer did suggest one appraiser ou~ of Fort Lauderdale, but he declined. He said the developer requested the staff to submit to Council, their best opinion on the value of land, and the best opinion Mr. Annunz±ato could come up with was the staff's recommendation of $50,000 an acre. Mr, Vance reminded the Council that the staff had made an attempt to be totally fair, that they recommended the appraisal approach, that they gave them three independent M.A.I.'s, that he has now requested he be given an opportunity to work out the value with the 'Council and we're giving Council our best estimate based on some very limited information. Mr. deLong questioned what the original amount was and Mayor Harmening said $30,000, which came from a real estate agent. Mr. Cheney explained that the $50,000 is based on actual sale in the area. Mr. deLong questioned' the Planning and Zoning Boards feelings on this change. Mr. Ryder, Chairman of the Planning and Zoning Board was asked what he thought about this. Mr. Ryder stated that when they were considering this, Mr, Annunziato told them, if they wished, they could set a figure. His feeling was that he wasn't prepared to set a figure and neither did the other members of the Board, and did not have the proper background to do so. He stated that since the figures of $16,000 - $30,000 was pushed around, they just picked $30,000 which was the highest. Mr. deLong moved to acept the $50,000, seconded by Mrs. Woolley. Carried 3-2 with Mr. Wright and Vice-Mayor Trauger voting no. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 LE GAL Ordinances - 2nd Reading - Public Hearing - NONE Ordinances - 1st Reading Proposed Ordinance No. 81- Re: Proposed Ordinance No. 81- Re: Tree Ordinance (Tabled) Landscape Ordinance (Tabled) Mr. deLong moved for both ordinances to remain on the table, seconded by Mr. Trauger. Carried 5-0. PrOposed Ordinance No. 81-13 Re: Amend Lot Mowing Ordinance Mr. Vance read Proposed Ordinance No. 81-13 by title only on first reading. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE PRE-1981 CODIFICATION OF THE CITY CODE (GARBAGE, TRASH AND WEEDS) BY AMENDING SECTION 13-24 OF THE PRE-1981 CODIFICATION WHICH HAD PREVIOUSLY BEEN ENACTED BY ORDINANCE NO. 80-27; INSTRUCTING THE CITY CLERK TO MAKE ARRANGEMENTS FOR THIS SECTION TO BE CODIFIED IN THE 1981 RECODIFICATION OF THE CITY CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of Ordinance No, 81-13 on first reading only, seconded by Mrs. Woolley. No discussion, Mrs. Padgett took a roll call vote as follows: Councilman Wright - Aye Councilmember Woolley - Aye. Mayor Harmening - Aye Councilman deLong - Aye Motion carried 4~0. Vice-Mayor Trauger had stepped down. Emergency Ordinance No, 81-14 Re: Water Shortag~ Mr. Cheney explained the ordinance and felt that it would have to be enforced. He recommended that Council adopt this ordinance as an emergency order and enforce it. He said the City would start enforcing it the next day, and explained how they would go about doing this, He requested an amendment to the ordinance on page-3, under Section 4 - Enforcement, by adding after Every Police Officer - and BUilding Department Ufficials designated by t~e City Manaqer. Mr. Vance read Emergency Ordinance No, 81-14 by title only. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE COUNCIL TO PROHIBIT OR CURTAIL CERTAIN NONESSENTIAL USES OF WATER ANDTO CONSERVE AVAILABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE EMHRGENCY; DEFINING THE TERMS PERTAINING THERETO'; PROVIDING FOR APPLICATION OF ORDINANCE, PROVIDING FOR ENFORCEMENT AND PENALTIES, PRO- VIDING FOR EXCEPTIONS, APPEAL PROCEDURE AND SEVERABILITY CLAUSE AND FOR OTHER PURPOSES. Mr. delong moved the adoption of Emergency Ordinance No. 81-14 on final reading, seconded by Mr. Trauger. This action~was mandated by the Water Management District. Mrs. Padgett took a roll call vote on the motion as follows: Councilmember Woolley - Aye Mayor Harmening - Aye Vice-Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. Resolutions PropOsed Resolution No. 81-BB Re: Abandonment of Utilit~ Easement Mr. Vance read proposed Resolution No. 81-BB by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING A SPECIAL PURPOSE EASEMENT LOCATED IN LOTS 34 AND THE WEST 6,00 FEET OF LOT 35, LAKE WORTH MARINER VILLAGE (LESS THE NORTH 35.00 FEET AND THE SOUTH 25.00 FEET THEREOF), AUTHORIZING THE MAYOR ~ND THE CITY CLERK TO EXECUTE A DISCLAIMER TO SAID EASEMENT, AND FOR OTHER PURPOSES, Mr. deLong moved the adoption of Resolution No. 81-BB, seconded by Mrs. Woolley. No discussion, Mrs, Padgett took a roll call vote on the~motion as follows: Vice-Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Motion carried 5-0, Other Select Bond Counsel - Golf Course Funding - Tabled Mr. deLong moved to leave on the table, seconded by Mr. Trauger. Carried 5-0. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Report on Pending Law Suit -'Drexel Mr. Vance reported they had agreed to pay the entire amount of money they owe, some $78,000, in return for Which we agreed that the contract we actually executed in 1973 does apply to the units covered by that contract. Mr. Vance requested no Council action until the actual stipulation is presented. A~prove Settlement - Knollwood Groves - Parcels 6.1, 7.1, 7.2 & 7.3 Mr. Vance apologized for asking this be put on the agenda and then failed to bring the back up with him and requested it be postponed until next Council meeting. Mr. deLong moved to table, seconded by Mr. Wright. Carried 5-0. Accept Utility Easements - High Point Condominium Mr. Vance explained this was an easement for sewer service for a proposed project adjacent to ! difficulty in obtaining this eal finally obtained this. The Cit~ limited easement, which he then~ assured by the Planning Departm~ Mr. Cessna, that there was noth~ in this particular instance, it because there is nothing else wt be built in that area. Other ti [igh Point. There was some ~ement, but the developer has does not normally accept a explained. He stated he was ~nt and Utility Department, .ng else in that area to serve, so appears that there is no problem, can pump sewerage from that can lan that, it is an accepted easement. Mr. Trauger moved to accept the Utility Easement from High Point Condominium, recognizing that it is a limited easement seconded by Mr, deLong, Motion carried 5-0. OLD BUSINESS Discussion of Pedestrian Crossing on U.S. #1, South Woolbright - Tabled' Mr. deLong moved to leave this item on the table. by Mr. Trauger and carried 5-0, Motion seconded Status Report - Golf View Harbour - Requested by Councilman Wright February '3, 1~981 Council Meeting Mr. Cheney explained that this ~as an issue back in February raised by Mr. Plummer, then the President of Golfview Harbour Home Owner's Association, to present a report to you at that time, which has been incorporat~ what our instructions and compl Harbour has been. We were aske~ this report the first week in M. agenda. Mr. deLong moved to accept the i seconded by Mrs. Woolley and ca ~d into this one~ indicating lance activities in Golfview by Councilman Wright to update ~y and that is why it is on the ceport and place on file. Motion cried 5-0. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Review of Utility Service - City Utility Service Area - Density Increases Mr. Cheney explained this was brought about several weeks ago when a developer requested that the City provide to the County, a letter indicating that the City's Utility System would be capable of serving property located west of Congress Avenue, outside the City limits. He stated as a result of the County's Comprehensive Plan, much of the area in the City's Utility Ser- vice may well double in density. Mr. Cheney explained because of this increase in density, questions about the regional plant, and because the City originallY planned for five units per acre, we could not give them such a letter but did agree with the assistance of Russell & Axon to reanalyze the impact of serving this area. He stated that two things had been considered: Increasing the capacity of the pump station and force main at an approximate cost of $600,000. Building an additional 16" line from Miner Road southward at an approximate cost of $125,000. -The study.~'rev~ated that this line coUld be built at a cost to each individual dwelling unit over five at an approximate cost of $100 per unit capital improvement charge. This fund would be set aside as a separage fund to take care of this situation. By doing this, there would have to be a change in the Utility Ordinance to meet our requirements. Mr. deLong moved to accept the suggestion or recommendation that the City ordinances relative to the Utility services be amended to provide the equivalent of approxi- mately $100 be charge each development project for each living unit over the density of five units per acre, and that these funds be separately accounted on the City books to be used for the ultimate solution to this problem that is deemed the best at the time that changes in this section of the system are necessary because of this increased density and make this memo- randum a part of the public record, and include in the motion that the City Attorney be instructed to draft the appropriate amendment, in conjunction with the City Manager and Consulting Engineer. Motion seconded by Mr. Trauger and carried 5-0. NEW BUSINESS Review of Proposed Amendments to Occupational LiCense Ordinance TABLED Mr. Vance requested this remain on the table due to changes in the Code. Mr. Trauger moved to leave_ on the table, seconded by Mrs. Wolley and carried 5-0. ADMINISTRATIVE Review Preliminary Gol'f'Course Financing~ 'P~an Mr. Cheney presented the outline of the prelitminary draft and -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 guidelines for the financing program. He stated he would have at the next Council Meeting, this draft redone with proposed figures and Bond schedules, also a presentation of Phase I of the Golf Course ~ayout, and also A1 Shepherd, Fiscal Agent, or his associate will be present to answer questions. Report on Park Maintenance Activities - 17th Avenue Median Mr. Cheney submitted a report to Council on the history and status of his ar~a and also on the park maintenance activities stating that they were now in the process of re-schedUling and that he would give another maintenance schedule in a couple of weeks. Mr. Cheney was instructed to obtain a figure on cost to fix up this area at 17t'h Avenue. Mr. deLong felt the City had failed to maintain this median. Review Proposal ~or Water Plant Modification Mr. Cheney stated that sometime ago they had a series of reports on how to make some modifications that were needed on what is generally known as T.H.M. problem in the water, which is the kind of chlorides we end up with in our current water system. It was estimated at that time, the modification needed, would be about $20,000 and about $6,000 of Engineering, Further and the development of the plans, indicates review, planning the cost, to chan $90,000. The cha they are changes treatment problem The plans are fin D.E.R. Mr. deLon the water plant, followed. ~e the water plant, would probably be near ~ges will have to be made eventually in 1983; Lhat will compensate for some of the water s that we've been having with the new wells. ished and approval has been received from ~ moved to proceed with the modifications to ~econded by Mrs. Woolley. Some discussion Motion carried 5-0. Adopt Policy 'StatDment for City/ County Municipal Golf Course AdviS0ryC0mmitt~ ....... Mr. Trauger commended the City Manager for this document and moved to accept this proposed Advisory Committee Operating S ~ · tatement and forward it to the County for their concurrence. seconded by Mr. d~Long. Membership requirements were diScusSed. Motion carried 5-0. Citizens Revitalization Council of Boynton Beach - Request for Workshop Mr. Cheney recommended Council grant this request for a joint workshop meeting. Mr, Trauger moved to accept the recommendation for a joint Workshop meeting with C.R.C. to be held on Thursday, June 11, 1981 at 7:30 P.M., seconded by Mr. deLong, Carried 5-0. Request 'to Purchase City Property North of O'cean Ridg~e Town Hall Mr. deLong moved to notify the people who submitted the request that the City is not a seller of property but a buyer of property; seconded by Mr. Trauger. No discussion. Motion carried 5-0. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Budget Transfer - Air Conditioner Replacement - Recreation General Revenue Sharing Mr. deLong moved to grant the request of budget transfer for air conditioner replacement; seconded by Mrs. Woolley. Carried 5-0. Consider Request for Temporary Trailer - Bethesda Hospital, Jansen Company of ~Florida, Inc., Contractor Mr. deLong moved to grant request. Trauger and carried 5-0. Motion seconded by Mr. Consider Request for Disinterment Pursuant to Section 6-5 of the City of Boynton Beach Code or Ordinances. Mr. deLong moved to grant request in accordance with Section 6-5 of the Code of Ordinances of the cremains of Leon Woodworth. Motion seconded by Mr. Trauger and carried 5-0. Request Authorization to Dispose of Rec Mr. deLong moved to grant requests #21t memorandums as public records. Motion and carried 5-0. Drds - Various hru #23 and include the seconded by Mr. Trauger Mr. Cheney questioned Councils thoughts on the Council Meeting tapes, Planning & Zoning Board tapes an~ the Board of Adjustment tapes as to how long they prefer we should keep them. The Department of Archives recommends 2 years. The City Attorney recommended 5 or 6 years unless there was a matter in litigation. Mr. deLong moved to accept recommendation of the City Attorney to dispose of these tapes after 6 years with the exception of any matter in litigation which would be beyond 6 years.along'.with the approval of the Department off,ArchiVes. Motion seconde~ by Mr. Trauger and carried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: Allen Insurance ~gency $ Endorsement adding 1979 Packer to Auto Insurance Pay from General Fund 001-193-519-40-41 3,367.00 Boyle Construction Company Proj. 626-681-45-6 Est. ~3 - Pump Stations 316 & 319 for period 3/20/8~ to 4/20/81. Pay from Utility General Fund 403-000-169-11-00 75% Re-imbursable from EPA Grant C-120496010 42,398.81 -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 Se Lee Chevrolet, Inc. 1 Malibu Station Wagon for Police Dept. Pay from General Fund 001'211-521-60-81 Pay from Fed. Rev. Share 320-211-521-60-89 State Contract 9070-00-81-1 $ 7,059.00 $6,184.00 875.00 Motorola Inc. 7 Portable radios & 7 "Spirit Tone" radio pagers Pay from Fed. Rev. Share 320-211-521-60-9E State Bid ~725-24-80-1 8,498.00 Development Credit Corp. 24,706.88 c/o Plantation AMC/Jeep, Inc. 4 AMC Concords for Fire Dept. Pay from Fed.Rev. Share 320-221-522-60-81 $12,000.00 " " " " " 320-221-522-60-88 12,706.88 State Contract ~070-00-81-1 6. Revenue Consultants, Inc., 1st Payment Request For consulting services - 30 Acre Park Pay from Fed. Rev. Share 320-000-247-85-00 1,000.00 So. Central Wastewater Treatment Board City portion additional funds to cover expenses attached to the furtherance of Step II & minor amendments. Pay from Utility General Fund 403-000-169-11-00 25,000.00 Russell & Axon 30,483.23 Professional services rendered on various projects Pay from following accounts: 403-000-169-01-00 $ 1,600.00 403-000-169-11-00 17,590.01 403-000-220-64-00 11,293.22 9. Southeast Underground Const. Est. #3 Pro'j. No. 6'26-681-59-6 Pay 'from N.W. Developers Escrowed Acct. & First Bank & Trust 26,496.28 10. Southeast Underground Const. Est. #3 Proj. No. 626-681-56-6 Pay from N.W. Developers Escrowed Acct. & First Bank and Trust 54,621.25 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 5, 1981 11. Southeast Underground Const. Est. #3 $101,118.28 Proj. 626-681-45-6 Force Mains 316 &319 - EPA No. C-120496020 Pay from Utility General Fund 403-000-169-11-00 75% Re-imbursable from EPA 12. Unijax, Inc. For 85 cases of xerographic paper Pay from General Fund 001-000-141-01-00 State Contract #645-12-91-1 2,081.42 13. Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Fed. Rev. Share 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 110.00 14. Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Fed. Rev. Share 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 96.00 15. Board of County Commissioners of Palm Beach County Services of Rita Powell - Work Study Student - February and March, 1981 -- Pay from Fed. Rev. Share 320-641-564-40'-5A Ordinance #73-15, passed 5/15/73 500.00 16. South Central Regional Wastewater Treatment & Disposal Board (for last month) 36,216.00 Mr. deLong moved to pay the bills~ seconded by Mr. Trauger. Carried 5-0. ADJOURNMENT The meeting adjourned at 10:10 p.m. Counci~m~~ ATTEST: ' ~i6y ClerR~ CITY' OF BOYNTON/~ BEACH, FLORIDA -20- '( M EM O R AN bU 1.1 FROM CITY COUNCIL VIA CITY MANAGER DATE: May 5, 198 i Per sonhe 1.3Department No. -~ 'We now have disposal authorization f~o~ the State of .Fl~id.a, ~ivision. of A~chives~ on the following records: Employment ApplicatiOns-(peopl~ not hired) 19'~2'to 1978 inclusive .. Routine correspondence not relating to'policy -. -Empio~en~ exa~ination records on'terminated empl6yeei .Leave 'records oh all terminated .employees prior to 1977 Empioyment~ Eligibility lists 2 calendar years after expiration '(see attached) With your approval we will pmo6eed to destmo~r t5~ above named meco~ds. ,rCA~W~'a.ENTOFsTA'IrE J I'JOTICE OF INTEI~T \'' -~ ~ ' .~ . _. AND DtSPOSALCERTiFiCAT~ · ~ /j. J PAGE 1 OF ISION ' 3. BUREAU - AgDRESSJStreet. C~ end Zip Cod,) /' , ' ' ' ' ' p CONTA ~Boynton Beach, Florida 33435 ulllvan ~. NOTICE OF ' choked b~ow: · O: ~ a. D~dction ~ b. Micro~ilmln~ and accretion DEPARTMENT OF STATE ~ c. Other DIVISIO~ OF ARCHIVES, ~ISTORY '~ J here~ ce~ti~ ~ha~ the records to be di~os~ of ~ [ha: any audit requiremen~ for the ~o~. - Personne~ Dir. Schedule Item ¢' No. No, Title d. Dates ' ~ i 38 Employment' Applications . (people not hired) · { 1972--1978 (inclusive) :. 72_78 :' r { . ' 2o0C BC-ii 32 Routine correspondence not re-' - 1~5 { lating .to policy 72-77 Bc-! 40 Emloyment examination records 70-77 1.5 i on all terminated employees BC'i{ .61 Leave records on all terminatec - , , employees prior to 1977 70--77 4 "cu. ~"'-! 39 Employment Eligibilit~ lists - 2 calendar years after exp. ' 70~77 ;5 CU I - DISPOSAL AUTHORIZATION , t 10. DISPOSAL CERTIFICATE , the ~ate shown in'cnlurnn f. -j -- f. Destruct;on Action and Date Completed Atte~ - Ap~ro~al t. M E M OR ~ N D U.M FROM: CITY COUNCIL VIA CITY MANAGER TEREESA PADGETT CITY CLERK DATE 5/5/8l We now have disposal authorization from ~he State of Florida, Division of Archives, on the f~ltowingmecozx~s: t. Police Receipt. Books, .PmioP to 1976 Sound Recordings i(Tapes g Discs) - All prior to 1979 A. List of sevemal Boards r B. List of MiScellaneous Tapes - C. List of Miscellaneous Discs Shorthand Notes - Steno Pads of Council Meetings Prior. to 1976 ' With your approval we will proceed to destroy the obov~ --~ ...... named records. ~ TP/ec FROM'.- CITY COUNCIL VIA CITY MANAGER Noah E. Huddleston Chief o~. P~'tice. DATE': 4/28/81 ' We now h~ve disposal authomization from the State of . F!o~ida., bivision of A~c'hives~ on the' fol!Ow~ng ~eco~s: 1.- -M~NICIPAL COHRT - AffidaVits - 197g and Prior years With your approval we will PmO~eed named mecords. to destmoM-~h~ above TP/cc