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Minutes 04-03-73M~K1TES OF REGUL~/~ CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, APRIL 53 1975 PRESENT Emily M. JaCkson, Mayor Joe DeLong, Vice Mayor David Roberts, Councilman . Edward F. Harmening, Councilman PorreSt L. Wallace, CounciLman Frank Kohl, City Manager Ernest G~ Simon, City Attorney Tereesa Padgett, City Clerk Mayor Jackson called the meeting to order at 7:30 P. M.. She welcomed ~he audience and requested thom to rise for the invocation given by ~rank Kohl, followed by the Pledge of Allegiance to the Flag led by Councilman Harmening. Mayor Jackson read Proclamation of National ~ibrar~.~..~Week from April 8 through the 14th, and Library Day on April il, 1975. ~ES - March 20, 1973 Mr. Wallace moved the minutes be adopted. Mr. Harmening seconded the motion. Mr. Roberts referred to Page 23, and requested clarification of the date for li~ting the moratorium. Mr. Kohl stated because of the 50 day period, the 26th is what was said~ the reason was that the amendment pushed it up. Mayor Jackson commented this is just a comment, not a correction. Motion carried 5-0. '/ P~BLIC AUDIENCE Mayor Jackson ~equested that a spokemen be appointed for each group that desired to be heard, and that comments be limited to three minutes. Scott Daby, 2542 S. W. !3th Court~ President of Gol~ View Harhour Home- owners Association~ requested the Council to act at this time on a motion to drop the appeal on the Milnor suit. He was instructed to give Mrs. Padgett the petition to be checked to see if all the people are within D00 feet.' Mr. Scott stated some of the signers lived in Chapel Hil and Leisure- ville, and requested Council action now, to vote to drop the appeal on the ~f~lnor suit~ which is what the petition requests. Mr. DeLon~ stated recently the question of appealing the Milnor case against the City was presented to Council, and Council agreed to at~ tempt to negotiate the matter~ at the same time voting to file appeal because it was determined the City on appeal had a 50/50 chance of reversing the decision of the lower -1- MI~ITES REG~LkR CITY COUNCIL MEETING APRiL 3, 1975 PUBLIC A~DIENCE~ cont'd. Sevez~lweeks ago, M~. DeLong stated, the Mayor and Council met with Mr. Norman Michael~ Pres. Milnor Coz~O~tion, in an effort to ~esotve this. Mr. Michael SUDmitted plans, a few changes were suggested by members of the Council which were agreeable to Mr. Michael, but at meeting's end an impasse still existed. Since then many prope~t-y owners in the p~oximity of this proposed development have signS~ied desire for construction of this project. Mr. DeLong continued - I have throughly reviewed the zoning buffer provisions~ site pians~ suggested e~hanges made by Counei! members~ plus visits to the location. I am convinced this enterprise definitely wi. ll be compatible to the area~ and add an esthetic value to the sur~oundlngs~ therefore I<~nove the City Clerk is hereby inst~cted to ver~ the names and ~esses on in o. rder if a majority of property ~adi~s lines in all direct-ions the City ~ s appeal. is thereby rescinded, provided site in- c!udlng Council changes to. Roberts seconded the motion, stating he hoped this is open for dis- cussion. The Mayor read Mr. DeLong~s motion set forth abOve. F~. DeLong reminded petitioners that if the petition did not contain r~mes oC 50% of those within 500 ft. radius they could still go out to obtainthem. ~r. Roberts asked about the commitments made by Mr. Michael: and that e zoninqmay be changed to R-RAinstead of just plafnR2 or RS, which allow hotels, motels~ restaurants and other cc~mercial establishments. Mr. DeLong stated Mr. F~ehael had submitted the last site plan which showed no indications of these particular classifications - just stated - i~ the plan is accepted we say here you will stric~cly work from that. If there are any violations we s~ill have the trump cards by issuance Of the permit. I have faith f.ha~ this particular development will be able to proceed under the requmrem~nts as specified this evening. · he Mayor asked Mr. Simon if this would now come under the Technical ~.e~.iew Board and CommunityAppea~a~.ce Bo~d, and he stated if those ~fective dates have been reached it would. It was clarified that the matter~issubject to review by the Technical Review Board and C~,,aonity Appearance Board right now, as required by ~rdinance. F.~o' ~eott stated he had a notarized lette~ from Mr. Michaels~ addressed h~m as President, date? April~D, and signed by Norman Michaels~ Pre- Sident of Mi]nor Corporation. The lette~ stated that the Mi/nor Corp. MINUTES REGU~AR CITY COUNCIL MEETING APRIL 5~ 1973 PU!BLIC AUDIENCE: cont'd. does not intend to build any other buildings along Cong-~ess ~;enue than those I and 2 sto~y apaz.~ent buildings which were approved by Planning & Zoning Board of the City of Boynton Beae~ and declared their inten- tion to build e~;actly w~hat has been sh~n on those plans. M~yo_~ Jackson requested a cotry of the letter and also of the petition~ and queried if anyone wished to spe-ol~ against this? Mr. Wallace asked Mr. Simon - is it co. eot that even though you have a commitment verbally and ~n writ~ng~ as far as th deveiopem is conc~ned~ unless you have site plan a_o~m0va! ~ adopte~ you cannot legally hold that developer binding to wi~t he says he will build? Mr. Simon said that w&s correct. ~Ir. DeLon9 st~Jced !~is motio.~, was not based on that~ the motion is based upon developer ~,mittin? sf. te plans fcae appmoval ~-~_,d strict adherence to it~ and the eh~n~es that were ~aade in addition to everything that is being' fr~cludad~ s%~eh as the buffe~ p~ovisions~ etc. The Mayon~ rectue~ted ~l~,. ~ar~ett to e!.~_~.ify tf~is~ and Mr. Barrett meiter- ated his stat~aent t~u~t site plan approval and approval by the Technical Review Board and the Commur~t~y Appea~a~nee Board is mequi~ed by o~dinance at this tJ~e sc they wo~ald De subjec$ to these particulam committees, before the Building Board would g~ant a pe~mit. Any pe~nits granted would be based upon the motion made tonight. Pit. Wallace ~ae~ied if they were teJ/<ing about the o~ig~nal plan - or about the p!a~ w±~h mevisions: on whie/% Mi3~.o-~ cut d~n the depth and tlqpe of z~rJ~n? he asked fo_~ ~hich is not i:aciuded in cum zinc, lng o~din- antes - this should be clarified~ what we are vot~-ng on this evening. k.~ieh plan is it to be voted on? Barrett stated he had not seen the plan undem discussion. F~r. De!cng stated we have seen the plan and reco~ended changes. Mr. Barrett stated perhaps there are too many units in a building~ i~ these particular buildings a-~R-2A~ if they contain more than 8 units in a principle building~ they ama not' allowed~ Mr. Wallace stated this should be verified exactly in order to vote. Mr. DeLong stated he would accept an amendment to the motion; also that R-3A will be included in the motion. It was stated that would allow 16 units under one roof. ~r. Wallace stated he wanted to bming ou~ exactly what the facts are, so his eau be ~esolved ones and fom all. Mr. Scott stated they were asking appmoval of Mr. Michael's plans as he submitted them - R-2 with a variance. -3- MINUTES REGULAR C~Y COUNCIL MEETING APRIL 5~ 1975 FUBLIC A~DIENCE, cont~d. Mr. Barrett stated there is no variance fr~m an ordinance. R-2 would have to be amended to allow th/s type of const~uction;it had better be included in the motion. Mr. Scott suggested granting Mr. Michaels Mr. Harmening was against this. Barrett asked if it would be possible to tie a condition to R-5 o~ R-~A - 2 stories~ 16 units should be the max53~um. Mr. Simon replied that you caD~ only amend the ordinance. If you want to go to R-5 but condition it dOWnward that would require amend/ng the ordinance. You cannot grant a ehs~uge of zoning and then change. The A designates residences only. Without the A there are a number of uses in addition to residential. There was no request in the lawsuit for R-2A or R-3A. Portions of this property were requested in the lawsuit to be changed to R-2 and 20 acres to R-5. The reason was to pe~m/t the use N~. Michael wants. Mrs. Jackson stated the reason she was specify/ng 500' is because those are the ones most directly a~fected by this. If they choose to have something theme at a ~uture date which ndght devalue their houses~ they would be the ones who would suffer. Mr. Wallace stated that is one of the points I am trying to bring out regarding 300 signatures. The~e has been some discussion as to how fa~ the depth should be for Signature purposes. There was an amea along 25rd Ave., and 1,200 signatures were submitted~ some lived in the no~th end of the City, and this petition was accepted. I think you are going to have to accept a petition with 400 valid signatures. I also want to bring out another points there is a section lying south of 25rd Av.e., bord~.rs 25~d,i. z%tnning west to the stoplmght. There are several single f.amxly hom~. there - R-I~A zoning. Mr. Michaels had previously stated ~.~.g to a stop light should be oomme~- ~e the a~ea along 25rd Ave. that this eial, so next would be c~mercial. you are ~aying tl~at a type zoning. I st letter on file if this type of to get all the u relief for one group, at the same time ~ live across the street from commercial years ago re R-i~A zoning. The~e is a is concerned, that states he would file a lawsuit. I am detecto/ned overall zoning in the City. The Mayor requested all peopte who live within 500 ft. of the project to stand: then ~equested those i~ favor of the petition to sit down~ others to ~emain stand4ng. All sat down. ~pon. request. Mr. Simon re~ad~ de~./nition of R-5 zoning, entitled ~ultiple Family, Office and Motel Dlstrmct . MINUTES REGULAR CITY COUNCIL MEETING ~3RIL 3, 1973 P~BLtC AHDIENCE, ContYd. Mr. DeLong stated it is his understanding that when plat is submitte~d~ approved and adopted here: then there are no deviations. Ir. Ha~mening replied that if t~s Council changes zoning on this to -3: then Mr. I~iehaels can come mn with any set of plans embracing any of the items just hesiod, and he will be ~iven a permit by the Building Department. Ph2. DeLong stated you have to have faith in developer that he is going to do right by the City. Mayor Jackson called attention to the motion, and m~ntioned a beautiful gol~ course, zoned R-3~ which doesnYt exist any more, there are condo- miniums there. Mr. Barrett stated that in rezor~ing it was f~iled to put the A on~ only R-3. If the A is there use is limited to residences. Mr. Roberts stated he had talked to people who opposed before but have now withdrawn their objection. I am in favor, but would like to see it done properly~ would like to see the Council 9~ant this with proper changes in zoning, perhaps R-2A, and make a few allowances what he quests along the line. Mr. DeLong asked Mr. t~obe~ts if he would go for R-2A and Mr. Roberts stated he feels the developer has a commitment as far as the court is concerned. He made a statement during the trial that he would stay within the two sto~y buildings. Mr. DeLong said ~tet's include ~-2A and 3A in the motior~ ~ Mr. Wallace stated that Mr. Michaels said this was not sufficient for what he wanted tc build, so he asked for a specific thing. Either state you are going to 912ant what Mr. Michaels asked or you must go the other way. Mr. Simon was asked - a~ter this evening what do you think your chances would be in court to defend? P~r. Simon stated nothing has chan~ed, the factual situation nor the legal situation. He pointed out that if Council is going to abandon the appeal their response is proper not to this body of people~ but to the court. You cannot ag12ee with your adversaries. Mr. Simon was requested to e×plaS~u regarding the lawsuit by Mayor Jack- son. Mr. Simon stated the lawsuit was filed by two plaintiffs, Mi]muor Corpo- ration and Golfview Harbour Estates Homeowners Association. These sued the City. One of my first actions was to move to have the Homeowners MIRWdTES KEGULAR CITY COU~NCIL MEETING APRIL 5, 197D PUBLIC AUDIENCE, cont'd. Association removed from the lawsuit, which they opposed. It proceeded to trial. At the conclusion of the trial ruling was ~n favor of the plaintiffs. Judgment requires City Council to advise the cou~t as to what less restrictive zoning it will assign to the propez~yo Now is it R-1AA. I~ you are going to abandon the appeal you must face the cour~ and respond to the eou~t's final judgment:and respond to the court, not to you~ opponents. Mayor Jackson inquired if we respond to the court that we would go for R-2A and R-DA with perhaps a consideration to make it R-5 in the spot where the clubhouse is to go~ would this answer the question of the court? Mr. Simon responded that he believed R-2 and ~-2A would probably satisfy the court~ probably t~-9 would satin.fy as ~ar as the clubhouse is con- eerned and R-2A for everything else, would probably satisfy the couP. Mr. DeLong asked Mr. Simon if it would be wrong to ex~end R-RA, R-3A~ in the interest of negotiating. Mr. Simon replied it is the prerogative of the Cou~noil to give wha=ever classification they feel would be proper and fair. Mr. DeLong was o~ the opinion that this appears to be fair and equitable. Question was raised as to what Milnor Corp. asked for in the suit and Mr. Simon stated - R-D and R-2. Mr~ Scott asked what objection does the Council have to granting this, and mentioned notarized letter from Milnor Corp. stating they will not uary from the plans approved. The Mayor stated that i~ the property is zoned for R-2 and R-D, and the property changed hands - that is why' it doesn't mean anything unless it is in our~dinanee. It could be sold, and anything in R-D would be per- missible. Mr. Barrett acquiesced. .~.r. DeLong stated if a man comes in with a plat and it is approved by this Coun~i! and made a matter of public record, then there can be no deviation from that particular plat. Mr. Roberts stated he would go along with motion to have R-2A and R-~A. The Mayor questioned if Mr. Michael asked !or one particula~ piece to be zoned R-2 or R-D for aclubhouse, could this he done at a future date, just the clubhouse and swimming pool? ~L~. Roberts stated this is a court case: and we are tr~ing to resolve eourt question. -6- M/NHTES REG~/LAR CITY COUNCIL MEETING APRIL D: 1975 I move dres of directions If so, then r e s cinded ~ as submitted. ~ gested the City Carried Mr. Simon. stated - PUBLIC AUDIENCE, conttd. Mr. Wallace asked if motion shows Mr. S/mon is to refer it to the court? Mr. Detong stated we are trying to negotiate with the man and asked Mr. Simon /f we can do this directly with the developer? Mr. Simon replied Council would want to see if the developer would ac- cept. If the cou~t is info~med that Council changes to R-2A and R-DA and the Judge says ~Pine'~ - if Mr. Michael indicated he would not want this and requests we are in the same situation. If you are the motion clear you are mak- ing the AssoeiatiC~ and Milno~Co~p. for approval. If they I can so advise the court. Motion made by l~Ir. DeLong~ seconded by Mr. Robe. m'cs and acted upon by City Council after discussion above set forth ms as folt~s: ~ inst~cted to verify the names s~nd ad- in order to ascertain if a majority within a 500 ft. radius of all property lines in all of the City's appeal. previous action of appeal is thereby provisions, site plan raeetlng~ including sug- to. Zoning agreed upon by Mr. Roberts said worked out. You want 4 acres R-2~ and 20 acres R-DA. the clubhouse could be Verne Aiken - You spoke of t6~ units to the buitd/ng, how many unites per acre ? Reply was __given __that. if~it is kept to two stories it would be about 12.7 per acres or 4 storles it would then be 26 per acre. The Mayor then poi~.te.d out to people within 500 ft. o~ the project that they will have what is agreeabie ~o you~ but should not come back to Council later with complaints. Nick Zito, Gol~vi~; Harbour Estates expressed concern whether Mr. Michael will put up what he says? He would like Mr. Michael to submit a set of prints. He-asked if Council has a set of prints on this? The Mayor stated it will be taken back to the court and it is hoped Mr. Fhichael will accept it. Mr. Zito stated he should be held to what is on the prints. He inquired about density and asked i~ our sewerage system is capable of taking care of tl~e additional buildings. MINU~ES REGULAR CITY COUNCIL MEETING APRIL 5, 1975 PUBLIC AUDIENCE, cont'd. ~r. HopkiD~ replied it would depend upon two or fou~ stories. The ac- tual plan now, without additional development, could be accommodated. The Mayor stated it will only be as the capacity is able to take care of it that the C O's will be 9ranted. Resident of 1581 SW 28th Avenue inquired how much Mr. Simon draws for serving the City as legal counsel on an hourly basis: It was stated the' fee is $60 per hou~ while he is in court. Capt. Dick Silenski - I list make the motion. I am ft. Iwish you would go to ~' ~ot concerned because I am ~ot . . . n~ ~w 2nd~ and watch Rin~ling Circus move ~n. I thinkyou ~n~ sbn~l~oome out ~o see this. The ~ldmng Inspector told me the ..... ~, =c~ss from me wasR-1. I unde~stand I live dentlat. Across the street from me ~s the same zoning. Now E~ng Brothe~s have moved in. 405 SW 2nd is ~u~r. blocks from City Hall. So I am reatly concernedthat they want tO~ild 94t~mhouses. Since when are we going to let them use Your City In- spector came up to myhous~ ) leaves on a vacant lot. I am just coming to ask the City Manager, the Building Inspector, to see ince they left there. Do not tetlme that they are~9~ing to be just for 2~ or 30 days. I wanted the City Council tO come ove~ there a~d see what you are going to have to live there within ~e×t 6 or 8 months, and if you do not agree with me we Will get a new Council. BIDS ~. 1 - 10~000 gallon gasoline storage tank, 2 pumps and 1 eontrolater Mr. Kohl stated we received one bic~fromFontaine Industries, in the amount of $4,995, end recommended purchase. So moved by Mr. Wallace, seconded by Mr. Harmening, carried 5-0. B. 420 ft. Street Improvements - NE 1st St. south of 9th Ave. Mr. Kohl recommended passage of two enabling resolutions, and then go out for bids, Resolution 73-W Mr. Simon read ~es. ~75-W in full. Mr. DeLongmade motionto pass, Mr. Roberts seconded. Carried 5-0. -8- MIArd~ES REGULAR CITY COUNCIL MEETING APRIL 3: 1973 Resolution No. 73-X ~. Simon read Res. ~7~-X in full. Mr. Ha~mening moved it be adopted~ seconded by Mr. Kobez~cs. Carried 5-0. After discussion it was decided that City Council will sit at the regu- lar meeting of May Ir 1975 on this matter. PUBLIC HEARENG N. E. 1st Ave. between 1st and 3rd Streets Ruth Jones~ 201 NE 1st Ave. asked how much this would cost the property owners per foot. it based on ' ~ Yn~. Clark stated ~ is his est~anatv, $11~000 for total project. However, the way in it could exceed t.his a little. about $15 a front foot, some of the bids are coming Mr. Kob_l stated he had talked to Rubin and Belvedere and if only one short street is to be done it is going to ~un close to $20 o~ $22 a foot, possibly a better price could be arranged by doing 3 or 4 at the same time. Paul Street, 208 NE 1st St, stated they do not feel they should pay for this paving for the benefit of the c~udominium builders. It is a hard- ship and he questioned the City's rate of ~. Street also spoke abo~t the cost to p~operty owners. The Mayor asked if Council wanted to consider N. E. 2nd St. between Ocean and 1st Ave. along %~ith the above item. Letter from ~. Muro was readr copy attached. Mr. Wallace stated they may both be in the same area but are entirely different. There has been no onewho says they are in favor of the lst~ and they should stay separate. The Mayor asked for the voter stating everyone na~ been notified. Mr. ~eLong asked what happened to the people making the request? Defeated 5-0. N. E. 2nd St. between Ocean and !st Avenue Mrs. Barber~ 208 k~ 1st Ave. - It is a condominium. Are they responsible ~o~ that, or is it.jUst the people fac~.g the road? That road was in ~ood Condition untml they started building there..I think the City or Builder is responsible. After they started to bumld there, there are ~ow holes from the trucks, do the others in the condominiUmhave to pay ~oo? -9- M!NU~ES REGULAR CITY COUNCIL MEETING APRIL 5~ 1973 PUBLIC HEARING, conrad. The Mayor stated they would have to pay one ha3~, and referred to-~letter read by Mr.' Kohl from Frank Muro: President, Millicent Opportunities Corp. in opposition. Earl Routman~ 115 NE 2nd St. - Most of the damage to NE 1st Avenue, NE 9nd St. has been done by the builder and by their equipment~ their t-mucks. Letthose who have damaged the stzeets pay _~o~ them. Vote - Aye 0~ Against 5 - Defeated 5-0. ~he Mayor requested Mr. Kohl to call Mr. Boos and ~epeat to him what these people have..s~aid about the road being damaged. S BID ~ cont'd. B. eont ~ d. Mr. Kohl stated we requested bids from four different firms, and re- ceived only one bid from Hardrives: total $9,127.50. He stated the people concerned will be notified of the public hearing to be held on May lst~ then it is up to Council to decide yes or no. We can de£er the bid. ~otion was made to table, seconded, and passed 5-0. C. Moving and Relocating Handball Court. ~i' ~ohl stated Russell House Moving submitted two bids - one. to move th the aprons attached~ and one bid to move the eou~t cutting the ~prons off. He recommended moving the entire handball eourt~ leaving he aprons on. Russell House Moving bid on this was total of $5~ 500. It will be moved within 200 or 500 feet of where it is now. It was stated it would take about a %~eek to accomplish the moving. During discussion it was brought out that the handball court is insured against breakage during the moving, and Mr. Kohl read specifications for moving the coumt for the benefit of the audience. Mr. Van Duesen asked where it is to be put~ and was informed definite position has not been decided. 9560 SW 14th St. Joseph Ha~rigan/asked how much propez~cY the~e is: end remarked architect had stated there would be ~oom for beth the handball cou~t and the library. Discussion also brought out the architects felt a 10~ 000 sq. ft. library would require 45~ 000 sq. ~t., which would be an asset to the City and a building we could be proud of. The move under discussion was the rea- on~nendation of the Library Board and a majority of Council. M!%,~JTES REGULAR CITY COUNCIL MEETING APRIL 3, 1975 BIDS~ cent' d, Mm. Wallace thought Reereational Director should rec~d where the handball court should be moved to. He brought out that Candeub~ Fleissig stated the street that bisects this area should be closed off. If there is a possibility o£ a lawsuit against the City it may be worth- 9~hile to put this to a referendum. Sara Ruffing, 2531 SW 13th Ct. - When were the plans presented to build the library? Mayor Jackson stated referendum on the bond issue went to vote laSt December and this said the !ibra~y must be built on City-owned property. It will take a goodly sized piece of property, and the City does not own many pieces of property. Mrs. Ruffing was informed that Recreation Board minutes is the only place where location for handball court is mentioned. Ezell Hester, 1106 R~M 1st St. The people who use the shuffleboard court do not live in condominiums so it will not a~fect them that much. It is going to affect the property owners who go over there to play shuffleboard. I Dope this is not one of those deals favor/rig one group against e~nother. If you move the handball court 300 ft. you are going to be near the shuffleboard court. I have one thing to say - I do not know Mr. Kohl. You did the City Manager a disservice at the last meet- lng. You hired ~vn2. Kohl but did not give him a chance to make reconwnen- dation whom he should choose for an assistant. You should treat him as a City Manager. The Mayor brought the subject back to the handball court and called on Mr. Frederick~ Recreation Director. There are three alternatives on plans which we turned in. My first one is to place the handball courts behind the Scout Hut and to the north of the basketball coum~s, to preserve the area which is directly west of the Senior Citizens parking lot for two tennis courts which are also in this yesm's budget. In the overall layout of what space is remaining t think that would be better than putting the handball courts over on the west side by the park/ng lots if we are going to build 2 tennis courts in addition to what is already there. During di~cusston Mr. Wallace asked Mr. Fredericks what happens i~ a resident walks down to use shuffleboard. Mr. Frederick stated it is a public facility, senior citizen members primarily use it, but a non-member can use it by paying a small fee. O. T. McLean~- 906 S. Federal Hway agreed with Mr. Wallace and asked the City Attorney if it could a~fect validation of the Library Bonds if the City is sued. He projected the thought that we are approaching a $750~ 000 library, in view of all these extra expenses. -l!- MINUTES REGULAR CITY COUNCIL MEETING APRIL 3~ 1973 BIDS, cont ~ d. Mr. Simon replied he does not know the basis of the lawsuit. I do not know what connection it has with the library. Mr. McLean suggested property on US ~1 ~or the library. Mr. F, oberts moved to accept the bid of Russell House Movers in the amaunt of $5~ 500, seconded by Mr, Harmening. Carried 4-i. Mr. Wallace voted ~no~'~ At this point Mr. DeLong ir~erspersed the following - i ..... ~ ~ ~ Attorney he~v is ~t~ct~ to legally represent ~d defend individua~y ~d/or collectively ~tm! such t~e a~ !ii,ga tion is te~inated the Mayor~ a~ m~ers of ~e Co~cil~ all m~ers of the Pl~n~g & Zoning Bo~d~ ~d any othe~ ~ptoyee of the City o~ Boyn- ton Beach~ Florida involved in the e~rt action brought agent them by the Pa~d Development Corporation. I wou~ a~o l~e to acqua~t the A~o~ey ~th the ~aet that these peo- ple h~e ~]1 been sewed ~th s~o~es on Mar~h 2~h, ~d they are ~- ~erable within 20 ~YS- Seconded by Mr~ Harm~ning. Mr. Simon stated that one suit is against individuals~ and he believes each individual sued may want to consider employing his own counsel~ either in addition to or instead of the City Attorney. I~ they desire h~ to represent them each individual should authorize such representa- tion. Because one of the lawsuits is related to a previous suit of last year various indivTduats may wish to employ their own counsel. Mr. DeLong stated he believes City Attorney will be representing the newer members o_~ Counci!~ those who came in this year - the other mem- bers involved last yeaT have already engaged an attorney. Mr. Simon stated it would be well to give him authority to employ an Associate Attorney, if necessary. Stated he represents the City o~ Boynton Beach ~irst. Mr. DeLong stated that will be included in the motion. Mr. Harme~ing seconded, including the Associate Attorney. Carried 5-0. MINUTES REGULAR CITY COLLNCIL MEETING APRIL 3:1973 LEGAL Ordinance - 1st Reading - No. 73-14 Automatic Fire Sprinkler Mr. Simon read Ordinance No. 73-14 in full. Fire Chief Wright stated the purpose of this is to preserve ]~fe and property. There is no such thing as a fireproof building and there has been loss of ]4fa throughout the country. Whethe~ a building is 4 or 5 stories, it is still high rise - the purpose is to protect the occu- pants. This is not meant for the individual homeowner. Mr. Roberts raised questions re Section 2: Page R - assumes that should be 45 ~t. instead of 40 ft. Also in Section l~ paragraph e, low g~ade occupancy. tt was stated that 45 ft. is correct and M~. Simon stated basements are alluded to in Section 1, paragraph c. Mr. Wallace moved to pass Ordinance No. 73-14 on first reading~ seconded by Mr. DeLong~ Carried 5-0. Resolutions Resolution ~73-Y - Abandonment of Easement, A. L. McGregor Request Mr. Kohl stated he received a letter from ~lorida Power g Light: and they have no objection. Mr. Simon read Resolution No. 73-Y in full. Mr. Harmeningmoved to adopt Resolution-~73-Y, seconded by Mr. DeLong. Carried 5-0. ProposadReso]~ution- Establishing Position of Administrative Assistant Mr. Roberts moved to take this from the Agenda: seconded by Mro Harmening and carried 5-0. Other Consider Addendum to Dre×elAgreement You have a copy of the addendum to the agreement before you. There is a change to be made at the bottom of page l under paragraph ~. That should be a capital I. Add the following at the end of the 5th page starting at the end of the last sentence - '~he City will meet its obligation in accordance with this Agreement within its ability to pro- vide the services required.'~ -13- MINU~ES REGULAR CItY COUNCIL MEETI~G APRIL 3, 1973 Other, cont ~d. On page 2 there is additional seetio~ that was added as a result of negotiations between the Attorney for the developer and Malcolm Ander- son. It was Mr. Anderson's recon~endation that this additional pa~a- graph be allowed to be added to the agreement. ~. Clark and Mr. Hop- kins reviewed that. Mr. Anderson reviewed it and felt it was a proper addition. I have viewed it 9~ith Yn~. Cla~k and Mr. Hopkins. I would ag-~ee %~ith Mr. Ander- son. Perhaps Mn2. HopP~ins wishes to say something. Mr. Hopkins stated it was OK with him~ and Mr. Clark thought this is consistent with the intent. ~. t~obe~ts made motion to accept the addendum to the agreement~ secon- ded by Mr. Harmening. Mayor Jackson clarified to the public that the developer is not going to build all the units at one t53ne, and they are not to be serviced until we have the capacity to service. Carried 5-0. OLD BHSII~ESS t~equest for Water & Sewer g Possible Annexation (J. C]~ton Scott) (On the table) Mr. Harmening moved to take off the table, seconded .by Mr. Roberts. Passed 5-0. ~. Kokl stated this .is strictly going to be an office building and erefore he would like to turn it over to the City Engineer. . Clark stated th. at this concerns the St. Andrews property. We have a etter from Mr. Klinck, Russell & Axon? which goes back 8 months: where ey mentioned the collection system in the south end of town was de- signed for the ultimate density within the City limits and reserve an- ne×ation area, and that areas from across the waterway would bring this system to ultin~te capacity faster. At one time they had recommended t~is flow be directed through Ocean Ridge and Briny Breezes and an agree- ment be worked out. At that time it waS unworkable~ and they did. say it would work fo~ St. Andrews only to go into e~sting Lift Station and no further connections should be made. In other words~ they men- tioned 171-172 unit dwe]l.~ngs. Taking them at their word, when the other persons south of St. Andrews requested to get into St. Andrews system we advised that this wouldn't work, and the City Manager and I~ representing the City~ went to the sArea P.l.ann..ing Board and i~equested that our services eXtend only to the outh limits of St. Andrews, and that anything south of them would have -14- MI~K/TES REGULAR CITY COUNCIL MEETING APRIL 3~ 1973 OLD BUSINESS, conrad. to go into the Delray service area. They were in agreement with this. To get back to the request for office building, I do not disagree en- tirely, but I think i~ thisf!~,~ is within the limits of what I expect it to be if this ever causes a problem in the future we would have to put in a facility that would go through Ocean Ridge~ but this 18~000 square foot of office space may be equivalent to 6-7 dwelling houses. Since this is within our s ervicea~ea~ and it will be ~u office building, I doubt if there will be any significant flow into St. Andrews. I dis- agree v~ith our Consulting Engineers to that extent. They are in our service area, and we are obliged to service them any way we can~ and I think this is the best way. Mr. DeLong mentior~d the possible ~nnexation and asked about the size of the proper~y, and was info~medthey have not committed themselves on the annexation matter. The building is 18~00O square feet. The proper- ty was occupied by the old ~andard Oil station. ~r. Egberts brought up ~ussell & A×on~s recommendation that anticipated additional sewage loading involved should be reviewed~ snd i~ any com- mitment is made it should be on the basis of availability of facilities to furnish the services. Mr. DeLong made motion that we should wait until we hear from Consulting Engineer before we take action, seconded by Mr. Roberts. Mr. Wallace br,aght out the fact that aruuexation is not included in the mc-cion. Carried 5-0. B. Consider Request of Seaworth Shire, Inc. Fm. Hammering moved to take it off the table, Carried 5-0. (On the table) seconded byMr. DeLong. Mr. Quinu, Attorney from Miami, representing developer, respectfully requested the Council approve this Item B. Mr. Harmenin9 moved to accept their request and the Building Official be authorized to grant the permit. Seconded by Mr. DeLong. Mr. Wallace asked for clarification of the reasons for the above move at this time, inasmuch as the moratorium is still in force. Mr. Hsrmening explained his move because of the letter detailing the information to clarify the situation. He felt this developer did put ~orth sufficient effort and spend considerable monies to develop this roperty before the moratorium. Mr. DeLong stated he would qualify his second by saying that several have already been granted: then we _ar~_operating with a set of double MINI~ES REGU~ CITY CO~NCiL MEETING APRIL D, 1975 OLD BUSII~E$S, cont~d. standards. Mr. Roberts stated the Pls~ning & Zoning Board minutes of September 18th explain action taken by developer, and he met all City requirements. I thiruk on that bas~s alone we ShOUld grant it, Mr. Wallace. stated he wanted it brought out for the reco~d if this de- Veloper has met all requirements of the Building Dept. ob3eetmonao , and unhappy The Mayor stated she finds the density ' ' ~le is about it. Carried 5-0. C. Ocean Ridge Agreement Mr. ~ohl ~equested this be deleted from Agenda, the attorney has had it only a few days, In reply to question ~-. Simon stated they drafted a rough dr~t~ we met with the other attorney, now we are going to put it in another draft. Mr. Harmening moved to table this items seconded by Mr. DeLong. Carried 5-0. Review Beach ParkS_hq Program Mr. Kohl commended Mr. Frederick on a very nice job. Mr. Frederick asked if this year's Council is of the same opinion as last Year'S - that we should operate cna seasonal basis. Should we consider terminating in May g come back in November? Revenue is not what we anticipated. He stated we get as many people at the beach in summer as in winter. Mr. Roberts moved to extend the beach parkln9 fee system at least thru the remainder of the Year to get a better picture of the situation. Mr. Frederick mentioned possibility of acLministrative $1 decal fee to be considered, He was inst-~ucted to come back to Council with mendation if he thought in July that it should be dropped. Mr. DeLong seconded the motion. Carried 5-0. Mr. Frederick had su~x3ested we consider special pe~uits for reserve annexation area, and Mr. Robe~Wcs suggested this be considered at the end of the year, and Mr. Ha~meni~ recommended this be brought up later for a reasonable summer fee for the neamby resezve area. MINk~ES REGUI~ CITY COUNCIL MEETING APRIL 3~ 1975 OLD BUS!NESS~ conrad. Mr. Roberts inquired if Industrial Plat had been tabled. (North Boynton Industrial Park) It is not on this Agendas but ,.~i1 be brought up under Other later. E. Choice of Library Arch±~ect Letter from Mrs. Farace was road. Discussion followed re arehiteefs fee and possibility we could hire one architect for both the library and the fire sub-station. Fire Chief Wright stated he had not proposed an architect regarding the fire su~o- station. It was decided to handle a~ukir~stratively the subfect of having the City Manager eon~unicate~ and get more information, and to table until that time. Re Planning & Zoning Board, and Recreation Board The Mayor stated these people were on for 2 years~ snd there is no va- cancy on these boards. Charter Revision Bon~ssion Mr. Wallace moved we accept resignation of Mrs. Sanders from this Commis- sion with regret, and suggest replacement at next meetiu9. Seconded by Mr. Harmening and carried 5-0. In ~nswer to query Mrs. Padgett stated that the Commission felt there should be a replacement for Mrs. Sanders. G. Discuss Charter World Mr. DeLong brought out that the immediate past Council did not recognize appeal by petition of approximately 700 citizens for right of referendum under Ar~icte i~ Sectien 7, Paragraph 32 of our Charter re aonexatio~ of this area. Is the present Council also going to ignore the peti~n by not calling for referendum. Mr. Wallace asked if this would be answered by the court suit? Mr. DeLong stated the people did not ask to 90 to court~ they asked for referendum. The Mayor stated everyone knows we had many more names than we needed to go ~at for a referendum. -17- MI~dTES REGULA~ CITY COUNCIL MEETING APRIL 5: 1975 OLD BUSINESS - G~ conrad. M~. Wallace inquired of Mm. Simon what happens if this Council were to ask for referendum re this? Mr. Simon stated there was a motion for summary judgment on this point that was s~heduled for this week~ and was canceled because of change of attorneys. The question of whether the annexation was valid is prob- ably going to be presented to the circuit court. If the City goes ahead and submits it to referendum I am not quite sure, there are' a number of lawsuits pending now~ this City would probably be better off letting the court make a decision on what it has. H. Discuss Classifications - Title, Library Director Mr. Wallace referred to previous discussion and referral to the City Manaqer and Mr. Sullivsn ~e updating and report back to Council classi- fications with respect to Secretaries and Clerks. F~. Kohl stated he thought Mr. Sullivan and he did in one meeting in re- gard to Clerk III. He and Mr o Sullivan felt during the new budget these things would resolve themselves. They have worked on this. Mr~ DeLong stated this is something else, and referred to problems of classifications. The Library Director position has never been created by resolution. After discussion Mr. ~ohemts moved to instruct the City Attorney to draw up resolution creating the position of Library Director. Mr. DeLong seconded. Carried 4-1. Mr. Wallace voted ~no~. NEW BUSINESS Discuss Regional Government and its e~fect on Municipal Government Resolution No. 73-Z Mrs. Jackson spoke about Florida State Compmehensive Planning Act of 1972 and Florida Enviro~menta! Land and Management Act of 197~ with spec~ to the above subject. As moved by Mr. Wallace~ seconded by Mr. Harmening and passed 5-0 Mr. Simon read ~esolution No. 73-Z in full. Mr. DeLong moved adoption of Resolution 73-Z and copies be forwarded to the appropriate houses of the State Legislature~ Senate and Representa- tives. Also to be sent to each of the County representatives. Seconded by Mr. Harmening. Carried 5-0. -18- MINUTES REGHLAR CITY COUNCIL P~ETING APRIL 5, 1975 ~W BUSINESS, conrad. Discuss F. E. C. Crossing at Miner Road Letter from the Town of Hypoluxo was read. After discussion Mr. Wallace made motion that letter be sent to F. E. C. by the City M~nagerthat the City Council wishes to oppose the ~tosing of erossing atMinerRoad. Also copy of letter should be sent to Hypo- luxo and the County Commission. Mr. De!ong seconded. Caz~ied 5-0. RECESS M~. DeLong stated that during the recess several members of the Planning & Zoning Board requested that an attorney be at their meeting Thursday night. Mr. Simon said he would be available. M~. DeLong moved the City Attorney be present this coming Thursday to answer any legal questions, seconded by Mr. Harmening. Carried 5-0. Receipt of Plat of 10th Section, Leisureville, South Tract ~r. Kohl stated City Engineer Tom Clark and Building O~ficial Jack Bar- rett have gone over this. Enrico Rossi, Engineer, of Rossi ~ Malavasi Engineers, retained by Boynton West Development to prepare plat. for the 10th Section~ Leisure- ville spoke on this. This section has been~ased on a plan app-~oved in 1969 and follows the 0~dinance which provides for special exceptions. Drawing was displayed showing a preliminary plat that was submitted to the Planning & Zoning Board in January. Meeting was held with the City Planner based on the plan approved in 1969. Mr. Rossi stated boundaries of Section 10 Lei- sureville, and gave resume of negotiations with the County. He stated this plat calls for additional 806 lots, contains 4.9 acres recreation area, includes boat ramp. Presently under construction in Leisurevil!e are 1:700 units~ eventua!lythere will be ~,~00. Areas in red are the proposed apartment sites. As there is a moratorium on re- zoning: they are asking that the City not consider rezoning them until the moratorium is lifted. Water and~se~e~ drawin~ have heen submitted to the City. Pel~mits have been obtained from the Health Dept. Lots are basically same as other sections of Leisurevil!e 65~ x 90~ - not more than 5% of lots will be 45' in width. They request approval of prelim~ inary plat so they o~% provide for final plat. Mr. Rossi further explained the plat in answer to questions from Mr. Wal- lace: stating there is a RO' margin provided north of 80' I~ight of Way -19- MINUTES REGULAR CiTY COUNCIL MEETING APRIL 3~ 1973 Receipt of Plat of 10th Section, Leisurevilte, South Traet~ cont~d. of 23rd Avenue~ and a maintenance area of 2.8 acres· Mr. Clark stated the matter of utilities is still subject to final ap- proval. In response to recommendation of the Planning g Zoning Board Developer has added 10 lots for recreation. If Council wants additional area for that purpose they should ~equest it of theDeve!oper. Mr. Rossi stated the map sh~s 13.7 acres for recreation, in answer to quest~onMr. Rossi Stated lots are 65~ x 90~, density works out to about 6 per acre. Mr. R. B. Vast~ue~ 132 Leisurevilte Blvd.~ raised objection to planter to provide buffer zone on S. W. 15th, as sh°wn on plat layout, because of the expense to Leisureville residents to maintain. Elizabeth Todd: 2089 S. W~ve. (Sec. 7, Leisurevitle) stated there was not enough recreatiOn area. tt was stated developer is asking at this time for approval of this pre- ~ry plat for engineering studies, and then will proceed to prepare the final plat. Mr. Wallace moved to accept Section 10 Leisu~eville Prel~w~nary Plat for engineerin9 stud~e~ seconded by Mr. Harmening. Carried 5-0, Gulfstream Area Mr. Hollingsworth represented this developer. In consideration of Mr. Barrett's studies of this M~. Wallace moved this request be g~anted; seconded by Mr. DeLong. Carmied 5-0. Mr. HollingsWorth stated he would withdraw the lawsuit. Mr. DeLong requested information about traffic flow off 15th~venue and Mr. Hollingsworth stated this could be worked out. ~ Mr. Harmening moved that the property belonging to Noble Trust~ Joseph Novotny, Trustee~ be granted building permits based on the facts that substantial p~og~ess was made prior to the moratorium, and prior to the passage of certain ordinances; seconded by Mr. DeLong. Carried 5-0. -20- MINUTES REGULAR CITY COUNCIL MEETING APRIL 53 1975 Moonlight Bay Apaz~-nent Mr. Hotl/ngsworth stated because of technical reasons he would have to file a suit on April 4th in order to protect his client, but on ~. Harmon/rig's request stated he would submit same type of information as for Gulfstream. He will also furnish detailed info~mation on water and sewer facilities for this project. North Boynton Beach Indu~tr~a! Park (on the table) ~r. Hol]~ngsworth stated he had expected this to be taken from the table onight. He has been instrUcted to withdraw the plat, which they were not required to file because property will be divided into only 4 par- eels. It was flied because the City asked for it. If the plat is with- drawn developer intends to go ahead with the letter and sDirit of the City's ordinances. Regarding water we are in accord. As to those units on which applications have almeady been made for permits septic tanks ~ave been ~pprc~.edby the C?~a~ty. W~ent~ Ci%~] of BoyntenBeach pro- 9i~es sewer facilities we will ~gr~..eet up. I have been instructed by my clien~to withdrawthe plat if it is not approved tonight. Mr. DeLong asked if portion sold rom cement plant is sketched out on the preliminary plat. During discussion Mr. Hollingsworth stated he represents the cement plant also~ they are joint applicants for this subdivision. It was stated the plat has nothing tq do with zoning - approval of the plat does not commit the Council to anything for zoning, which Mr. S/mon corroborated. Question with respect to septic tanks was ra~ed from the audience. Hopkins stated the plan showed proposed layout for water m~ins, and Hotlingsworth stated they ~ntend to go along with the water plans. Mr. Roberts moved to take it off the table~ seconded by Mr. DeLong. Carried 4-1. Mr. Wallace opposed. Mr. Wallace spoke in opposition to discussion of the above ma~ter because it is not on the Agenda~ and made motion to place it back on the table, The Mayor handed the gavel to Vice Mayor DeLong~ and seconded the motion. Carried 5-0. Mr. Holtingsworth withdrew the plat. -21- MlqfGTES REGULAR CITY CO~NCtLMEETING APRIL 5, 1973 Traffic Signals - U. S. 1 ~nd N, E. 22nd Avenue U. S. 1 and S. E. 23rd Avenue ~r. DeLong made motion City Manager be instructed to communicate by let- ter with all Pa!mBea~h County State legislators and members of the Palm Beach County C~ission regarding thism~tter~ in view of the Resolution passed by this Council sometime ago. Seconded, by Mr. Wallace. Carried 5-0. Approval of Commercial Bldg. (Ice Cream Plant) - Neptune Drive Mr. Wallace moved to grant approval of the commercial building on Nep- tune Drive~ seconded by Mr. DeLong~ Carried 5-0. Atlantic National B~ok - T~ust Fund for H. U. D~ Funds Mr. Flynn stated the Bs~k requests Council to pass a specific resolution to set up separate trust aceount there for N. ~. D. Funds. Mr. Wallace moved we set up a separate t~ust aeeou_nt for the H. U. D. grant with Atlantic National Bar~k~ seconded byMr. Ha~mening. Ca,tied 5-0. New Air Conditioner - Civic Center ~r. Kohl stated a 20 ton air c~nditioner would cost between $7500 and 8500 - $4000 to come fz~m social funds of the Recreation Department and the balance from unappropriated sump!us. .~. Harmenin~ moved the City Manager be instructed to go cut for bid on ~his~ seconded by Mr. DeLong. Carried 5-0. ReQuest to Hire Registered Land Surveyor Mr. Harmening stated this should be authorized at this time. Mr. C!a~k stated we have the plans and descriptions for the easements and would send these to several land surveyors requesting each of them · o send us a lump sum proposal. Seconded by Mr. DeLong Cal~ied 5-0. -22- MINUTES REGULAR CItY COIiNCILMEETLNG APRIL 5= 1975 Resignation of Riehamd Ca~den Mm. Ha~mening moved to accept ~esignation of Mm. Ca~den as of April 2~ 1975; seconded by Mm. DeLong. Cam~ied 5-0 Persormel rom Ci~f Ctemk's Office Kohl requested permission to hire a giml fo~ the City C!emk, she is ovem!oaded with work - one additional personnel. Mr. Wallace so moved~ seconded by Mr. DeLcng. Cammied 5-0. Adjoumnment Mm. Ha~mening made motion to adjourn; seconded by M~. Wallace. carried 5-0. CITY OF BO'~\~ON BEACH, FLORIDA ATTEST: - -- City ~e~ -23-