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Minutes 11-02-71MIN-dTES OF REGULAR CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON ~BEACH~ FLORIDA~ TUESDAY: NOVEMBER 2, 1971 AT 7:30 P. M. ? PRESENT: Four,st L. WalJ~ce~ Mayor ' .I4.mo~. Emily Jackson, Couno~lwoman t John L. Arehie~ Councilman Harold Bl~'~"tchette ~ Councilman C. Q. Jones, Jr., City Manager Mrs. Tereesa Padget~, City Clerk Gene Moore ~ City Attorney ~ iMayor Wallace called the Regular City Council Meeting to order at 7:30 The Invocation was given by R. B. Vastine, followed by the Flag Salute led by Mrs. Jackson, Councilwoman. Mayor Wallace introduced the candidates running for City Council: Emily Jackson: Joseph Kelley: Jack Kujala: Matthew Macaulay: Julian Patrick and David Roberts. i~ntroduction of Guests ?. C. Van Deusen, Senior Citizens )ohn Stevens: Ridgewood Hills Homeowners Association 3ave Roberts: High Point ~. B. Vastine, Deisu~eville klbert Wehrell~ Boynton Isle - Lee Manors Association Jim O~Meara, Chamber of Commerce ~ruce Costanzo, Golfview Harbour Association .~harles Snyder, Main Blvd. ir. Jones introduced Thomas Clark, the new City Engineer. [INUTES - Re.gui_ar m~get'_z~ng - OctoDer 19, 1971 Ir. Effron stated that on Page 2, Mrs. Jackson's eomment was that this ~ou!d be included in Site Plan Approval in future cases. Ir. Archie moved that the minutes be accepted as corrected, seconded by ~- Blanchette. Motion carried 5-0. ~HBLIC AHDIENCE ayor Wallace stated that it is not necessary to identify yourself if you ish to speak on an item under P~BLIC HEARING. Anyone can speak during ~BLICHEARING. , Bo Vastine reported that Mrs. Marian Palmer is in very critical condi- gn in Bethesda Hospital. -1- MII~PdTES FEGULAR CITY COUNCIL MEETING NOVEMBER 2~ t 7i One (t) 70~'' Gang Mower Mm. Jones reported that 4 bid requests were sent out and 1 responded. Trail Lawn Mower~ $1,530.00~ with 15 days delivery. Mrs. Jackson moved that the bid from Trail Lawn Mowem be aceepted~ sec- onded by Mr. Blanchette. Mr. Arehie stated that this is the second bid in the last two weeks orWhiChwhat°nlYt-he°neproblemreSp°nded'is ~ He asked if the bids were going out properly . This is not good bas/ness. William Sullivan~ Purchasing Agent, stated the companies that bid request were sent to~ and further stated that all of them could have met the requ/mements. The motion carried 5-0. ~lect-ronie Communication Control Center for New Police Complex One responsive bid was received from Motorola; $18:517 annual service~ 24 hours~ 7 days per week $720.00 per year. It is not a budget item; it would come from the surplus from bonds on Police Complex. M~. Archie moved that the bid from Motorola in the amount of $18,517 be accepted~ seconded by M~. Effron. Motion carried 5-0. IPUBLIC HEARING Paving that Portion of S. E. 26th Avenue lying between S. E. 1st St. and Seaorest Blvd. (Resolution No. 71-KK) William Fiorentino~ 404 S. E. 23rd Ave., owner of Lots 95 and 96~ is in favor of having the road paved and agmees to pay his share of the cost. Phyllis Spano~ 333 S. E. 23rd Ave.~ speaking for the owner of Lot 97, in favor o~ paying the road and agrees to pay a share of the cost. Gall Pankhauser, 2620 S. Seacrest Blvd., is against the paving with the cost being borne by the p~operty owners. Mr. Jones reviewed what had transpired previously concerning 26th Ave- ;Mr. Effron stated that when the builder wanted to rezone this area all the objections weme pr/marily the traffic flow that this would create. He does not see how a cul-de-sac vaDuld help the tmaffic flow. -2- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 2, 1971 PUBLIC HEARI%[G~ cont~d. The assessment would not have to be paid all at one time, but in three years of equal payments~ with interest at 8%. Also a ~estion of the drainage was asked. Mr. Hopkins s~ated that no unusual preb!ems were expected. Mrs. Jackson stated that previously Dr. AStter did not want to be as- sessed on this~ but he was not present. Mr. Arehie stated that Dr. Astter was in favor the last time he spoke to him. Mrs. Jackson Delieves this is going to benefit the developer more than the property owners~ and moved that we do not go through with this. Mo- tion died for lack of second. Mr. Ef£ron moved to proceed with the project and the City Manager be dir- ected to obtain bids. Mr. Blanehette seconded the motion~ stating that it is for the good of tt~ City~ not just the developer. Motion carried 5-1. ~s. Jackson voted '~no~. Mr, Arehie abstained. Requests for Change in Zoning Pamcel ~1 - ~:N~. 50' of Lot t~2 and S. 40~ of Lot 133 Block A~ Boynton Hills Recorded in Plat Book 4~ Page 51 Palm Beach County Records Request: R-2 to C-1 Address: 401 N. Seacrest Blvd. Applicant: Christine T. Allen Use: 2 chair Barbershop to be placed in carport area of the home Irv Cubbin, Director of Real Estate~ Palm Beach Foods, asked if the Plan- ning and Zoning Board approved the request~ The answer was ~no~. Chmistine Allen stated that she came in late at the Planning & Zoning Board meeting, and asked why the request was denied. She also stated that the Chairman refused to read the letters he had received. Mr. Sa~no stated that he did not deny anything~ but he brought her up to date on whad had happened. Then Mrs. Allen Stated that the letters were read before she arrived at the meeting. She stated that when she bought the property she was told she would have no trouble doing this. Before the Beanty Shop next door opened the owner had to do this same thing. She furthem stated that she does not want to degrade the area. Mrs. Padgett read the letter from Claude Bowles objecting to the request~ -3- MINUTES REGULAR CITY COU/~CIL MEETING NO%~MBER 2~ 1971 PUBLIC I-~EARING ~ conrad. Parcel " ~1 ~ cont' d. ~. Archie didn't feel that there was enough information to make a deci- sion at this t/me. Mrs. Allen submitted a drawing to the Couneil~ this was not shown at the Planning & Zoning Board meeting, Mr. Sarno stated the draw/ng should have been sent in with the application. There were no objectors present. b~. ~rchie moved that final action be tabled until the next Council meet- lng: seconded by Mrs. Jackson. Motion carried 5-0. Parcel ~2 Lots 20 and 21~ Block 1~ Boynton Plaee Recorded in Plat Book 11: Page 40 Palm Beach County Reeords Request: R-2 to R-3A Address: 615 to 619 N. E. 7th Avenue Applicant: James RoSert Patterson ~se: 2 additional apartments i~.~. Patterson w~s present~'at the meeting and pointed out that N. E. 6th Ave. and 7th Ave. have 75 apartments, on N. E. 7th Ave. there are only 5 single family houses. On 6th, 7th and 8th there is a total of 97 apart- ments. Mr. Patterson showed pictures of the neighborhood. His property is 100' by 132'; two 50 foot lots. Hangee Motel is directly behind his property. Mr. Patterson stated that with R-3A zoning he would have enough space for the apartments and enough for parking. It is not a single fam- ily neighborhood. He showed photographs of the area. Mr. Patterson asked if Mrs- Jackson %~ould consider abstaining as she had Stated she would definitely vote against the request. ~s. Jackson stated that even though she lives in the area she is repre- senting all the people. She feels that too much density is no~ going to help the neighborhood. She further stated that Mr. Patterson previously signed a petition against rezoning the area. Patterson stated that he signed a petition against high rises, not aga/nst multiple zoning. Mrs. Jackson asked the City Attorney if he thought she should abstain? He Stated it would not be necessary~ b/t felt that she should indicate for the record that she came to the Public Hearing with an open mind, if such was the case. She did s,o state. Add/son Cottrill, 612 N. E. 7th Ave., spoke against the request. It is a beautiful residential street. He ~elt putting these apartments k~uld decrease the value of his home. He asked that CoUncil reject the request. -4- M/hWdTE S REGULAR CITY COHNCIL MEET/NG NOVE~BER 2, 1971 PUBLIC HEARinG, eont ~ d. Parcel ~2, cont'd. ~. P~iee, 826 N. E. 7th Ave., spoke against the request. He does not see how Mr. Patterson could pR't 7 apartmen=s on a 100 foot lot and have a p rklng spaces. Cars would be parking on the street. Mrs. Padgett read the letter from Arnold Stroshein objecting to the request. F~. Archie moved that the request he denied, seconded by Mr. Effron. Motion Carried 5-0. Parcel Lots 125, 124, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 141, 142, 143~ 144, 145~ i46~ 147, 148, 149 and East ~ of Lot 150, 154, Block C. East 25.68' of Lot 140, 141, 142, 143, 144, 149~ 150, 151 Block D All in Boynton Hills S/D, lying North of ~W 5th Avenue, South of ~ 9thAvenue, West of Seacrest and East of NW 1st Street ALSO, South 26.5~ of Lot 186 and North 45.5' of Lot 187, Blook B~ Boynton Hills S/D Address: 517 N. W. 2nd Street Ai~ the above recorded in Plat Book 4, Page 51 Palm Beach County Records Request: Lots 145, 146, 147, Block C - C-1 to R-3 Balance of above - R-! to R-3 Applicant: Leonard E. Smith Hse: Multiple Family Garden Apartments The Applicant or a representative was not present~ John Stevens questioned the two lots on that subject lots had been deleted from this date from Hank Thompson. N. W. 2nd St. He was advised the request by letter received Mrs. Jackson moved the request he tabled, seconded by Mm. B!anchette. Motion carried 5-0. Parcel ~4 All in Golfview Harbour, Second Section Recorded in Plat Book 27, Pages 46 and 47 Palm Beach County Records Change from R-]AA Zoning to R-2 Zoning /s requested on the following: Lots 25 thru 30 inc., Block 10~ Lot 23, Block 15~ Lots 9, 10 & 11, 50, 51 and 52~ Block 19~ Lot 22~ East ~ of Lot 8, Lots 9 th~u 15 inc., Block 225 East % of Lot 12 and Lot 11~ East ~ of LoT 7 and Lot 8~ Block 25; Lots 20, 34, 35, 36, ~7 & 58 Block 27 -5- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 2~ 1971 Parcel ~'~j4: cont~d. Change from R-tA~ Zoning to R-3 Zoning is requested on the following: Lots 24 thru 31 inc.~ Block 13~ Lots 1 th~u 8 incl. and Lots 53 thru 58 inc.~ Block 19; All of Block 21; Lots 1 th~u 7 inc. and West % of Lot 23 thru Lot 29 inc. ~ Block 22; Lots 1 thru West ~ of Lot 7 and West ~ of Lot 12 th~u Lot 18 inc.: Block 25; All of Block 26~ Lots 21 thru. 55 inc~ Block 27; and all of Block 28 Location: Between L. W. D. D. Lateral ~28 on the South and Lazy Lake Waterway on the North, and S. W. 15th St. on the West and one lot depth East of S. W. 14th Ct. and one lot depth East o~ S. W. t4th St.~ on the East Applicant: Milnor Corporation ~se: R-2 Property - Duplexes R-3 Property - 2 story garden type apartments Mayor Wallace stated that he received several calls on this item. There are good points for and against. On the abandonment of ~oadways, there ~ would be one area that would have only one way out, which might cause problems. Several questions should be looked into before final action is taken. Previously there was one Golfview Homeogmers Association~ this group divided and now there are ~ Associations. If the request ~s de- nied it would be at least 18 months before it could come back to Council. 9~yor Wallace suggested tabling the request and give the developer and the two groups a chance to meet and possibly work something ont one way or another. He brought these facts out so that everyone concerned would be aware of them. After some discussion the Public Hearing on this parcel continued~ since it was an advertised hearing. Norman Michaels, 1310 S. W. 27th Place, went over the plans with the Council. He has complete landscape approval from the Planning & Zoning Board. Abandonment of these streets has been approved by the County Road Department. Members of Council discussed the plans with Mr. Michaels. Mr. Michaels requested that the plans be tabled for two weeks to give the Council an opportunity to review the plans and give h/m a chance to meet with the people of Gotfview Harbour. Mr. Breze, 2550 S. W. !2th Ave., a nine year resident of Golfview Harbour: stated that he has looked over M~. Michaels' plans and feels he has done an outstanding job with the traffic flow,~and it will be a good tuffer on Congress Ave. He further stated that it indicates Mr. Michaels is a re- sponsible man, and intends to stay with the project. He favored the de- velopment as presented. MLN~dTES REGULAR CITY COUNCIL P~.ETING NOVEMBER ~ 1971 parcel ~ conrad. ~s. Thomas Burns~ 1350 S. W. 27th Ave.~ agmeed with Mr. Breze's remarks~ and further Stated that this would be a good buffer from Congress Ave.~ she feels it would protect the homes. She would like the zoning approved. Mrs. James Keltey: 1341 S. W. 27th Place, stated that it would be a good thing: and they have no objections. Audrey Kraus: 2841 S. W. 13th Ct., stated she is in favor of the request. Wayne Meggers~ 1310 S. W. 27th Ave.~ is a new resident: and is in favor of the request. Thomas Burns~ 1330 S. W. 27th Ave.: is in favor of the request~ and thinks it would improve the area. Mr. Victor~ 1280 S. W. 27th Ave.~ stated the~e is no plans for the west side of Congress: and this will help keep anything undesirable from devel- oping in the area. He is in favor of the request. Mr. Durkin: 1340 S. W. 27th Ave., is a new resident. When he was looking for a home he looked in the Boca and West Palm area~ and the finest place he found was Golfview Harbour. He was made aware of these plans and was in favor of them. If you look at Congress Aver~/e further north you see what has happened~ he would much rather see apartments rather than commer- cial areas. Thomas Gable, 1341 S. W. 28th Ave.~ is a new resident. He looked around Palm Beach County and found Golfview Harbour. He was told of the proposal for apartments and was in favor of it. Mrs. Kent Ewing~ 1360 $. W. 27th Ave.~ Stated she is in ~avor of the apart- ments. John Gonsman, 1320 S. W. 28th Ave.~ stated that Mr. Michaels has proven he is a man of his word and he is very much in favom of the apartments. Mr. Ott~ 1281 S. W. 28th Ave., stated he was in complete accord with Mr. Michaels' plans. Art Sawallisch~ 1290 S. W. 28th Ave.~ favored the plan and expressed con- fidence in Mr. Michaels. Mrs. Galant, 1250 S. W. 27th Place, spoke in favor of the request. Anthony Malanski, 1380 S. W. 28th, spoke in favor of the apartments. Louis Tori: 1370 S. W. 28th Ave., went on record in favor of the project. M~S!.. Michaels~ the builder's wife, stated that she is working with her hus- band. She is an artist and interior decorator: and she works hand in hand with her husband. She further Stated her husband is a dedicated man. MINUTES ~GULAR CITY COUNCIL MEETING ~[OVEMBER 2~ 1971 Parcel ~ ~;-4 ~ conrad. Mrs. Burns, 2322 S. W. 10th St, ~ spoke against the request. She stated that the flow of traffic will be worse. Mrs. Fry~ 1051 S. W. 25th Ave.~ stated that she approves of a buffer zone and she approves of M~. Michaels~ p.!ans but the question is~ are we going to downgrade the zoning in Go!fview Ha~bour. She then clamified the vote of the Golfview Harbour Association~ and the split into two associations. Mr. Archie stated that a good point was brought out earlier about the wes~ side of Congress. If something is not put there now, it will even- tually go cOmmercial. Mrs. Jackson asked Mr. Archie if he was doing the plumbing for Mm. Mi- ehels. He answemed that he was, and she had known this all along. Mrs. Jackson referred to a letter from Attorney General Shevin which she felt indicated that a Councilman was not entitled to discuss a client's or customer's request. Mrs. Burg, 1073 S. W. 25th Place, asked why she did not get a letter about the Public Hearing? All property owners within 500 feet ~re notified, and it was advertised in the paper. Mrs ~ Jackson moved to table any final decision on this until Mr. Michaels meets with the groups of Golfview Harbour: seconded byMr. Effron. Mo- tion carried 4-0. Mr. Archie abstained. Consider request for abandonment of a portion of Rights of Way in Gol~- view Harbour - Milnor Request ~s. Jackson moved that the action on the abandonment of Dights of way be tabled~ seconded by M~. B!anchet~e. Motion carried 4-0. Mr. Arehie abs ta ined. LEGAL Ord ~nance s OrdLnanee No. 71-35 - Second Reading - Granting change in Zoning - R-! to C-I~ Doxtad request Mr. Moore read Omd. No. adopt Ord. No. 71-35 on secono an~ fl_hal reading, seconded by M~. Btan- chette. Motion carried 5--0. MINUTES REGULAR CITY COIiNCIL MEETING NOVEMBER 2, 1971 C Ordinances, cont'd. Ordinance No. 71-36 - First Reading - Levying assessment for paving por- tion of N,W. 9th Ave. g S.E. 1st St Mr. Moore read, O~d. No. 71-36. Mr. Blanehette moved to pass Ord. No. 71-36 on first'reading, seconded by Mr, Arehie. Mot-ion earTied 5-0. Resolutions Res. No. 71-LL - Paving a portion of S. W. 1st Ave. and S. W. 6th St. Lake Boynton Estates Mr. Moore read Res. No. 71-LL. Mr. Arcb~e moved that Res. No, 71-LL be adopted, seconded by Mr, Blanehette. Motion earmied 5-0. Res. No. 71-~4 - Setting Public Heaming re Resolution No. 71-LL Moore read Resolution No. 7!-~LM. Mrs. Jackson moved that Res. No. 71-MM be adopted, seconded by ~. Effron. Motion carried 5-0. Res. No. 71-NN - Appointing Finance Director Mm. Jones introduced Mr. Larry ~rtz, the new Finance Director. Mr. Moore read Res. No. 7!-NN. Mr. Archie moved that Res- No. 71-NN be adopted~ seconded by Mr. Effron. Motion carried 5-0. OLD BHSINESS Consider Approval of Certificate of Zonin~ - for Beer and Wine, Cavaliers Club, 414 N. W. 10th Avenue (On the table ) Mrs. Jackson moved to take this item off the table, seconded by Mr. Archie. Motion carried 5-0. Mr. Effron moved that the request be granted~ seconded by Mrs. Jackson. Motion carried 5-0. NEW BIISINESS D~ig~lb~_u_]~_g_g of I~ill (Mrs. Jackson) Mrs. Jack, on reported that trucks going by with fill are ...... ~.~--j it off. She s. sP~gd if tb, e~e could be a rule about put+~ing a tsppaulin over fill. Norman g'~£~ad hro;:qht ~fnTs t<; ;b~? at~,entf.on of '~l%e C!t~; for f',3~re eon- ~tf'~ctioii t~lt might ta)~e place. The con,actors of Colonial Club have k~en ?amy negligent. They ~c n~t l%ave proper m~rkers on sho~. ~fz~at there !s condOle, etlon. ?,~%en ~:ey i~taiied Dice l~Ln. es they did nec ~ccop up Ifne ~.~as~ Dtt pushed Jn in'co tile -9- MIN-UTES REGUkAR CITY COLLNCIL MEETING NOVEMBER 27 1971 C Discuss Hauling of Fill, cont'd. This could b~ handled administratively, and w~ite a letter to the au- thorities of Colonial Club. Mr. Jones stated that the City has been in cOntact with these people, and on occasion they have cleaned it up. Mr. Moore stated that the sewer cOntractor is working for the City, and his payment can he withheld until it is cleaned up. Mr. Strnad also pointed out that the sod laying jo~ at the Jaycees Park is very bad. This is also the sewer contraOtor~ and it was suggested that payment be withheld until the situation is taken care of. Reoort on meeting of Florida Lea,cue of Cities (IWn~s. Jackson) Mrs. Jackson thought it would be in line for each member of Council to give a report on something of interest, obtained from the Convention. Mrs. Jackson reported on some of the meetings she attended: namely the Resolutions Committee as a voting member and reviewed items eovered~ such as abolishing of Municipal Courts, road and bridge funds, etc. Mr. Effron commented abOut being able to meet with and talk to other City Commissioners ~ City Managers ~ and City Attorneys about their prob- lems and how they solve their problems. He also heard Governor Askew speak on Corporation TaX~ which was informative and well attended. He also met the new regional manager of HUD, now located in Jacksonville. Mr. Blanchette heard talks on revenue sharing, corporate tax, and Mayor Lindsey from New York spoke on zoning problems. b~. Archie Stated that he has been to seven cOnventions and two national, the most he gets fDom it is talking with the various people. ADMINISTRATIVE Receipt of Nominating Petitions The candidates are: Emily M. Jackson, Joseph Kelley, Jack Kujala, Matthew Macaulay~ Julian Patrick, and David Roberts. Ail have taken oath that they are qualified for office. Mr. Arc/lie moved that the petitions be accepted, and the names be placed on the ballot in alphabetical order for the primary election, seconded by Pk~. Effron. Motion carried 4-0. Mrs. Jackson abstained. -10 - MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 2, 1971 A~ DMIN/STRATIVE, cont. Proclamation of Elections Mayor Wallace read a proclamation designating November 25 for the Primary Election and December 7 for the General Election Appoint E%ection Board Mr. Effron moved that the list of those requestinq to serve be accepted, seconded by Mr. Archie. Motion carried 4-0. Mrs. Jackson ebsta~ned. ~eGDest of Ha~rmon Fretz for extended date of ~etirement Mr. Arehie moved that the request be granted, seconded by Mrs. Jackson. Motion carried 5-0. Request of Cemetery Board to go out for bid on Building The Cemetery Board would like to p~oceed with plans for a stOrage build- ing to be paid for out of the Cemetery Fund. Mr. Archie moved that the request be granted, seconded by Mrs. Jackson. Motion carried 5-0. ~ist of Payments Made in September ~,~s. Jackson moved that the List of Payments Made in September be ao- cepted~ seconded by M~. Ef~ron. Motion carried 5-0. Approval of Bills Crabtree Construction Company Periodical Est. #! $ 15,992.02 Mr. Blanchette moved that the bill be paid, seconded by Mrs. Jackson. Motion carried 5-0. Mr. Archie moved that the bill of $1200 be paid to the FtoridaLeaque of Cities: seconded byMr. Effron. Motion carried 5-0. OTHER Mr. Effron stated that the City received a letter from Vernon Thompson concerning his request for street improvement at N. E. 8th Ave. and No E. 1st St., and there has been no action taken at this time. Mr. Effron asked why no action has been taken. Mr. Hopkins stated that the work load is the problem, but work is to ~in tomorrow on clearing the right of way. -1!- MINUTES REGULAR CITY CO~hNCIL ~ETING NOVEMBER 2 ~ 1971 OTHER: cont~d. Mayor Wallace mentioned the Chamber of Commerce plans for a Christmas program. The program will be about a week long~ and a proclamation is proposed. Mr. Blanchette commended Mr. Fredericks, Recreation Director, on the fall and winter pro~ram~ it is a well-rounded program. ADJO~L~NMENT Meeting adjourned at 10:40 P. M. CITY OF BOYNTON BEACH~ FLORIDA Forrest L. Wallace~ Mayor Robert B. Eff~on,~V~ce M~yb~ Attes=: City Cler~ Mrs · -12- Councilman