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Minutes 08-02-65MIi~JT~S OF REGULAr% MEETING OF CITY COUNCIL, HELD IN CITY MALL, BOYNTON BEACH, FLORIDA, AUGUST 2, 1965, 7:30 P.M. JAMES Jo ¥~HONEY, MAYOR WALTER A. MADSEN. VICE MAYOR JOHN L. ARCHI-E, COUNCILMAN J. ALLISON BANKS, COUNCILMAN GHAS. N.BOOS. COUNCILMAN F. T. KAIN, CITY MANAGER GENE MOORE, CITY ATTORNEY TEREESA PADGETT, CITY CLERK Mayor Mahoney celled the meeting to order at 7:30 p.m. The Rev. Robert t~ay of St. John ts ~iethodist Church, gave the invocation followed by the Salute to the Flag led by Gene Moore. MINUTES Minutes of regular meeting of July !qth and special meeting of July 21st were considered. Mr. At,hie asked that on July 19~h minutes, Page 2, paragraph 3, the worn ~ be changed to regulating. Mr. Banks m~ved that both se~s of minutes be approved with the change as noted above. ~. Archie seconded. Motion carried 5-0. NEW BUSINESS (Old Business was passed as there was a continued public hearing in it and the Council felt that interested parties might expect the item to be brought up at eight o ,clock. ) Mr. Archie called the Council's attention to a request by Mr. Banks and Mr. Boos for chan~ing the sewer rages and said that he felt that now was the time to look into the possibility of expanding the present system to include ~any n~re houses in the comu~/nity and thereby bring about across the board rate reductions. A letter recently received from Tho~k%s Alcock, fiscal agent, stated that the current bond market conditions were favorable. Mr. Archie said that he felt that the Council should bring in the City's consulting engineers and fiscal agent, in an attempt to sewer another half million or million dollars worth, or whatever is feasible according to a study. He moved that the Council instruct the City Manager to bring in M~. Atcock and the firm of Russell & Axon to give the City a feasibility study as to further extensions of sewer mains and laterals with the overall outlook being towards a reduction in the sewer rates for everyone in the City, the study not to exceed $500.00. Mr. Madsen seconded. Motion carried 5-0. LEGAL Ordinance 65730 - 2nd Reading - Off-Street Perkins Re_q~Eeme~ Mr. M~more read Ordinance 65-30 for the second reading by caption only. The ordinance a~ended Ordinance 62-9 pertaining to o~-street parking requirements -1- City Council Boymton Beach, Fla. August 2, 1965 Mr, Madsen moved Ordinance 65-30 be passed on second and final reading. Mr. Banks seconded~ Motion carried 5-0. Ordinance 65-32 ~ let Readin~ - Regulatin~ Junk Yards Mayor Mah~ney read a letter dated August 2, 1965 from the Civic Improve- mant and Beautification Cor~m~ttee recommending the action which this ordinance affects. Mr. Moore read the ordinance for the first reading, Mr, Banks moved the adoption of Ordinance 65-32 on first reading, passed ~o second reading~ Mr. Madsen seconded. ~fotton carried 5-0. Ordinance 65~_~3 - 1st Reading - Septic Tank Installations Mr. Moore read the ordinance in its entirety. Mr. Axchie moved that Ordinance 65-33 be passed to second and final reading. Mr. Banks seconded, Motion carried 5-0. R~,~ 65~t? ~ ~r~ation for Planning Fnnds - Public Law 560 Mr. Kain read the resolution whid~ authorized the filing of application for planning funds under Public Law 560 for street and storm sawer improvements and directed proper forms. Mr. Banks moved the Council adopt Resolution 65-II. Mr. Madsen seconded the motion which carried Ordlnanc? 65-35 - AnnexinR Propert7 in Trade Winds Estates Mro Moore brought to the attention of Council the necessity of enacting Ordinance 65~35 which affected annexation of the below described property into the corporate limits of the City. He stated that the necessary time had elapsed and recommended that the Council go ahead with the annexation. Lots 41, 42, and W 231' of Lots 54 and 55, Amended Plat of Trade Winds Estates. R~IAA Zone for authorized conditional use for church and related church purposes° Mr. Archie moved that Ordinance 65-35 be passed to second and final read- lng. Mr. Bots seconded. Motion carried 5~0. OLD BUSINESS Continued Public Hear.in~ - M.T. an~ VfrRinia Woolbri~ht - ~ezoning Request A zoning change request by W.T. and Virginia Woolbright for a parcel of property located at 405 S. W. 15th Avenue from R-1AA to C-2, asa result of a request from an objector on the grounds that his la%~er could not be in attendance9 had been continued from tke last meeting~ MINUT, E$ Boynton Beac~h, Fla. August 2, 1965 The Mayor called the public hearing and asked for anyone wishing to speak in favor of the request ~o come forward. ~r. Robert Griffith, attorney representing the petitioners, spoke to Council urging their favorable consideration. He Stated that the tract was being purchased by the Phillips Petroleum Corporation for a filling station when 1-95 Interchange was to be constructed° Mr, Joseph Humphrey~ representing Mr. George Kelly, owner of the property immediately west of the Woolbright tract and objecting to the zoning change request, spoke to Council urging them to deny the request on the grOunds that it was premature and spot zoning. Mrs.Vict~a Costello, 125 Flamingo Drive, spoke to Council as an interested citizen and urged denial of the request. Mro Boos commmnded the two attorneys on ably presenting their clients' sides and stated that he was against the rezoning for three reasons. First, the Zoning Board had reco.~ended denial; second, the rezoning to C-2 would increase the value and further jeopardize public funds when condemnation was necessary; third~ the consideration of already existing commercial property in the City amd the unfavorable effect opening up new commercial has already had on existing commercial property. For these three reasons and for the fact that it was spot zoning, he moved that the request be denied. Mr. Banks seconded the motion, which carried PUBLIC HEARING Zonin~_C_hange - C-I to 2-1 - 307 N. E. lOth Avenue Mayor I,~honey called for anyone in favor or opposed to the application. There were no presentations. Mr. Boos moved that the request be denied as recommended by the Planning ~nd Zoning Board, Mr. Archie seconded. Motion carried 5-0, Conditional Use_Request - 2,121S. Seacrest Blvd. - Mae F. Car~er A conditional use for church purposes was being requested by Mrs. Mae F. Carper for that portion of the $ 231.68' of Lot 3, Sec° 33-45S-43E lying west of Seacrest Blvd. Purchase of the property by the Christian Science Church was in the offing, No objections were presented to ~he application. Mr. Moore read proposed Ordinance 65-34 which granted the conditional use. Mr. Archie moved that Ordinance 65-34 be passed to second and final reading. Mro Madsen seconded~ Motion carried 5~0o ~paFdonment o,f Right of Way and Vacation of Lo~s_L Resoiut~on 65-JJ At the request of the owner the following abandonment and vacation reques~ was considered. MT ~U~TE S ~ity Council Boynton Beach, Fla. August 2, 1965 1. Abandonment of 45~ right of way lying north of Lots 34 thru 42 and 15' right of way lying south of Lots 34 thru 42, Lawns $/D. 2. Vacation of Lots 34 thru 53 and Lots 76 thru 85~ Lawns S/D. t'UP°n .inquiry ,fr°m the audience, it was explained by Mr. Moore tb~t the vaca- ~on w~s at tn~ request of th~ owner, Western Financial Co orat p~ans tot the develnnment ~ ~ ........ rp ion, who had -= .... F~uPuruy 1nrc one integral unit which would necessitate development across lot lines. ~rl Moore read Resolution 65-JJ which abandoned and vacated as above described and provided for right of way for utilities on ~le north side of the property. Mr. Banks moved ~he adoption of Resolution 65-JJ. Mr. Madsen seconded. ~fotlcn carried 5-0. [~r, Moore was asked to not/fy Western Financial Corp. of the existence of a reversion clause ~n the original plat, PUBLIC AUD~EN[E Mrs.Vt~t~3~ Cost~tlo, 125 F ' lm~ngo Drive, asked how she could see a pro- posed ordinance between first and second reading. Mr. Moore told her that he had the ordinance at that time~ but that if she would ask ~s, Padgett~ he would see that she had a copy. Mrs. William P. Beck, 1115 S, ~. 2nd St. thanked the Council for unani- mously denying the request for the zoning change on the Woolbright property considered earlier in the meeting. Mr, Homer StonaRer, President, of Sgn Castle Civic Assoc~mtion, told Council that a~ their last meeting they had voted to ask Boynton Beach to send a representative to talk to them about the possibility of coming into the City, A letter had been sent but did not arrive in time to go on the agenda. He requested that the letter be read into the record. ~r. Kain read the letter asking that officers attend the next Association meeting and tell them the advantages and liabilities of joining the City. After discussion, it was decided that it was not the City,s place to follow this course, but that if San Castle desired to come into the City~ the reveler procedure was for them to petition the City for annexation. In the meantime, any informa. tfon regarding taxes, services~ etc,, would be furnished them by the City Manager. Ordinance 65-3I . Miqimum Hous~n~ Standards Mr. Moore read Ordinance 65-31 establishin~ minimum housing standards within the City for the first reading in its entirety° ~ Boos moved the ordinance he passed from first to second reading. Mr. Archie seconded. ~fotion Carried -4. M'I N U T E S City Council Boynton Beach, Fla. AugUs= 2,1965 Relocation of Sewer Ease.~ent Upon the recommendation of the City Attorney, Mr, Madsen moved that the Mayor and City Clerk be authorized to sign a quit claim deed to relocate an easement according to an engineering survey and sketch in the SW% of SW~ of N%;% Ac. 27-45-43, subject to the property owner delivering a deed to the City for the new easement, Mr. Archie seconded. Motion carried 5-0. Ch~nge in Name on Beer License - 913 N. Seacrest Blvd, Mr. Archie moved that the request of Chas, F. Sheldon be granted and that the Florida Dairy Sto~ebe allowed to change the name on the beer license (take out only) to Li'I General Store. I~r. Boos seconded the motion which carried 5-0, Permit to Solicit - St. John's Baptist,Church Mr. Bam~s moved that the reques~ of St, John's Baptist Church Male Chorus for permit to solicit funds be granted and fees waived, ~fr. ~dsen seconded. Motion carried 3-0. Approval .of_.Billp/ 1. Fire Insurance Bill - National Casualty Co, - Beery & Brown Agency General Fund $999.00 Acct, 5600 - 100 Water Fund 120~00 6600 - 100 Sewer Fund 80.00 6600 - 300 $1,199.00 Mr. Archie moved that the bill be paid as indicated. Mr. Banks seconded. Motion carried 5-0, 2. Fire Insurance Bill - National Casualty Co. - Beery & Bro%znAgency General Fund $402.00 Acct. 5600 - 100 Mr. Banks moved that the bill be paid as indicated, Mr, Madsen seconded, M~tion carried 5-0, 3. Comprehensive General Liability - Cosmopolitan Mutual ins. Co. Beery & Brown Agency General Fund Utility Water Utility Sewer $3,054.90 728.05 189,12 $3,972.07 Acct, 5600 - 100 6600 - 100 6600 - 300 MINUTES City Council Boynton Beach~ Fla. Angust 2, 1965 Mr~ Archie moved that the bill be paid as indicated° Mr. Banks seconded. Motion carried 5~0. 4. Workmen~s Compensation - Cosmopolitan Mutual Ins. Go. Beery & Brown Agency General Fund $9,712.18 Mater Fnnd 1,367.00 Sswer Fund ... 308.00 Acct. No. 5600 - 200 6600 - 200 6600 - 400 $11,387.18 Mr. Banks moved tha~ the bill be paid as indicated above. Mr. Madsen seconded. Motion carried 5-0. progress Re~ ~rt from City Attorney, on DeMarco Pro~e_~ Mr. Moore stated that with regard to the DeMarco property an investiga- tion had been concluded with the City Manager and the Police Department and that two suits would be filed---the first to enjoin and restrain him and force him to withdraw the operation to its original limits. The second would be to endeavor go eliminate the operation altogether° He expected to file the suits on Tuesday or Wednesday at the latest. Repor= on Delinquen~ Sewer Bills Mr. Banks moved that a report in the hands of Gouncil concerning delinquent sewer bills be placed on the agenda for the next meeting. M~. Boos seconded. Motion carried 5-0. There being no further business~the meeting was adjourned at 9:45 p.m. Tereesa Padgett~ty Clerk' N. Boos, Coundilman