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Minutes 06-03-80MINUTES OF THE REGULAR CITY COUNCIL ~.EETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 3, 1980 AT 7:30 P. M. Betty Riscoe, Mayor EdWard F. Harmening, vice Mayor Joe deLong, councilman : orman F. Strnad, Councilman ~alter "Marty" Trauger, Councilman Mayor Riscoe welcomed everyone and called the meeting to order at 7:30 P. M. She announced the invocation this evening will given by Councilman Norman Strnad and the Pledge of Allegiance the Flag led by the City Attorney, Mr. James Vance. At this time, she requested everyone to please stand. Peter L. Cheney, City Manager James W. Vance, City Attorney Betty Boroni, Deputy City Clerk A~GEND~ APPROVAL yor Riscoe requested the addition right after Minutes of: BM~ke Path - Leisureville - 18th Street. She added that she ~stands there are many people in the audience present in eference to this and after this item, they plan to leave so ,thers waiting outside may come in. Mr. Cheney announced that he has one deletion and one addition. · . to be deleted for one meeting. He would He requested ~h~l~ ~f Administrative to set a workshop [tike to ada a~ u~ ~~m~ t pension fund. imeetin~ date on our r~u~z~ .... n ~ ~Mr. Trauger moved to approve the agenda as changed, seconded by Mr. deLong. No discussion- Motion carried 5-0. ~MINUTES Regular City council Meeting - May 20, 1980 Mr. deLong referred to Page 24 and changed the word ,'request" to ,'passover" on line 3 and 17. He then moved adoption of the minutes as corrected, seconded by Mr. Harmening. No discussion- Motion carried 5-0. PUBLIC AUDIENCE Mayor Riscoe requested anyone in the audience who would like to speak on anything on the agenda to please come forward and give their name to the Deputy City Clerk, Mrs. Boroni. Mr. Harmening moved to suspend the regular order of business and move to Item X-B, which is a report on the bike paths to allow some people in the audience to speak on this, so some of the people outside will be able to come in. We will then proceed with Items VI-A and VI-B. Mr. deLong seconded and the motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Leisureville Bike Path - 18th Street Mr. Trauger referred to being one of the proponents of the bike paths and stated one was recommended through 18th Street in Leisureville; however, it did not meet with the approval of the residents there. After talking to the resident groups and associations, City Planner and City Manager, the recommendation is the bike path be moved west from 18th Street to Congress Avenue through the length of Leisureville. The map has been changed accordingly. Mr. Trauger then moved that the City Council adopt the bike path on Congress Avenue west of Leisureville from 2nd Avenue to Golf Road, seconded by Mr. deLong. Under discussion, Mr. Trauger clarified that this means the present bike path will be designated on Congress Avenue. Mayor Riscoe requested anyone wishing to speak on this particu- lar issue to please come forward at this time. Mr. Homer Kimbrell replied that after this announcement, it is not neces- sary for any of the residents of Leisureville to speak. Motion carried 5-0. Mayor Riscoe declared a recess while some people exited and then reconvened the meeting at 7:45 P. M. SITE DEVELOPMENT PLANS Applicant: Location: Use: Milnor Corporation, submitted by Mr. Norman Michael, President - Represented by Atty. Gene Moore (Tabled) Congress Avenue between S.W. 27th Avenue and LWDD Canal 27 Site Plans to ~onstruct 129 multi-family units on 13.655 acres inci%ding one-story villas comprising 73 units and two-story four-plex townhouses com- prising 56 units Mr. deLong moved to take this from the table, seconded by Mr. Harmening. Motion carried 5-0. Mr. Annunziato referred to this site development plan coming before the City Council at the last meeting and advised that it provides for 129 multi-family units on 13.655 acres consist- ing of 73 one story villas and 56 two story four-plex townhouses and a recreation area. This will be a fee simple development with the land under the units being sold to the homeowners and the remaining land going to the association. The recommendations were stated at the last meeting and the developer expressed agreement. This comes with a positive recommendation from the Planning & Zoning Board and Community Appearance Board. -2- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Gene Moore, attorney representing Mr. Michael, advised that he feels he has complied with all the requirements. They dis- cussed the problems with the residents and all have been re- solved. They have agreed to the one alteration requested by a resident to change the four-plex to a three-plex in the one corner. Mr. Reino Johnson, 1409 S.W. 25th Avenue, stated he lives next to the lot where the four-plex development is proposed. He spoke to Mr. Michael and was told a one story three unit villa would be built 25 feet west of his lot line. He spoke to his attorney about this and he suggested this be restricted by covenant put in for approval by the City of Boynton Beach. This covenant should be recorded and run with the land. Also included is that Mr. Michael will put a chain link fence for the length of the common lot line and landscape on his side of the lot. Mr. Vance referred to the Council approving a site plan and advised the type of restrictive covenant requested cannot be included in a site plan. Based on the attorney's statement, this particular unit will be modified to be a tri-plex on the approved plan. Mr. Johnson asked if it would be one story and Mr. Moore replied affirmatively. Mr. Johnson referred to the fence and Mr. Michael verified that they have agreed upon a 5' chain link fence running south and north along the lot line of Mr. Johnson's property along with changing the four-plex into a tri-plex, one story. Mr. Johnson asked if it would be 25' from his lot line and Mr. Michael replied affirmatively. Mr. deLong moved to approve this site plan with this modifica- tion contingent upon carrying out the staff recommendations. Mr. Strnad seconded the motion. No discussion. Motion carried 5-0. Applicant: Location: Use: Village Royale on the Green Owners League, Inc. Submitted by Mr. Richard Wensing, Architect N.E. 2nd Court, north of N.E. 22nd Avenue Site Plans to construct a 4~795 sq. ft. Recrea- tional Building Mr. Annunziato informed the Council this site plan provides for a 4,795 sq. ft. recreational building to be constructed on 5.37 acres. This will serve the condominium owners living in Village Royale on the Green. The plan was reviewed by the Planning & Zoning Board and they recommended approval subject to the staff comments. Mr. Annunziato referred to the staff comments. The Building Official noted additional parking spaces need to be provided as per code and the concrete walk extended to the limit of grading of the construction site. The City Engineer noted -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 that drainage appears to be adequate. Additional pavement elevations should be shown for grading so that water is con- tained on site. The site plan should identify street, show north arrow and show pavement materials, i.e., 1 inch asphalt concrete and 6 inches of rock minimum. The Planning Department noted to provide eight additional parking spaces for the recrea- tional building. He explained how the parking spaces were cal- culated and the developer felt a total of 48 parking spaces were adequate on the basis of having a billia~ room according to the condominium documents. The staff recommendation is eight addi- tional spaces be provided based on the square footage and occu- pancy calculation. The Community Appearance Board positively reviewed this plan last night. Mr. Wensing has agreed to all staff comments. Mr. Harmening moved approval of the site plan for the recrea- tional building at Village Royale on the Green contingent upon the staff recommendations, seconded by Mr.. Strnad. No discus- sion. Motion carried 5-0. At this time, Mayor Riscoe declared a recess in view of the people exiting and reconvened the meeting at 8:00 P. M. Mr. deLong moved to return to the regular order of business, seconded by Mr. Trauger. Motion carried 5-0. PUBLIC AUDIENCE Mayor Riscoe requested anyone in the audience wishing to speak on anything not on the agenda to please come forward and re- ceived no response. LEGAL Ordinances - 2nd Reading - Public Hearing.. Proposed Ordinance No. 80-9 - Re: Gulfstream Professional Center (Tabled) Mr. Vance requested this to remain on the table. Proposed Ordinance N0.. 80-20..-. Re: Revising Sanitation Rates Mr. Vance read Proposed Ordinance No. 80-20 by title on second reading, Mayor Riscoe asked if anyone wished to speak in favor of this ordinance and received no response. She requested anyone wish, lng to speak against this ordinance to please come forward and received no response. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. deLong moved the adoption of proposed Ordinance No. 80-20, seconded by Mr. Harmening. Mr. deLong then moved to amend this ordinance to show the follow- ing clerical changes: Section i(A)(1)(a) In the second line, change the word "annual" to" actual" Section i(A) (1) (b) Should read $.25 per cubic yard per pick up. Section I(A) (1) (e) Should read $.78 per cubic yard per pick up. Mr. Trauger seconded this amendment. No discussion. Mrs. Boroni then took a roll call vote on the amendment as follows: Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. Mrs. Boroni then took a roll call vote on the original motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Ordinance No. 80-21 - Re: Amend Utility Ordinance 80-10 Mr. Vance read proposed Ordinance No. 80-21 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of Ordinance No. 80-21 and received no response. She asked anyone wishing to speak against Ordinance No. 80-21 to please come forward and received no response. Mr. deLong moved adoption of Ordinance No. 80-21 on second and final reading, seconded by Mr. Harmening. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Proposed Ordinance No. 80-22 - Re: Amend Closing Hours from 5:00 A.M. to 2:00 A.M. Mr. Vance read proposed Ordinance No. 80-22 by title on second reading. Mayor Riscoe requested those wanting to speak in favor of this ordinance to please come forward. She suggested that the people speaking for or against if what they have to say is repetitious to please limit it to four minutes, so everyone can be heard. Rev. James Smith, Boynton Beach Methodist Church and President of the Fellowship of Ministers, referred to this being an issue as broad as the community and stated how much is too much is the issue. It is his concern that it is too much to sell alcoholic beverages all through the night. He thinks there is a time to stop. To bring it in conformity with the neighboring communi- ties is a step in the right direction. Mr. John Adams, 770 Horizons East, Sterling Village, stated he supports the point of view of the previous speaker. It would seem to him that 5:00 A.M. is an acceptance and gives a blank check to open and operate all night. This is a residential community and not like Fort Lauderdale, Miami or New York City. He has been a member of the Chamber of Commerce for the twelve years he has lived here and is concerned about commercial development in Boynton Beach. He speaks on behalf of the residents of Sterling Village in support of this restriction and changing this ordinance to 2:00 A. M. Mr. Harry B. Stein, 760 East Ocean Avenue, stated he speaks as a taxpayer and resident and primarily as an officer author- ized by the Board of Directors of Coastal Towers consisting of 125 family units. He referred to giving arguments in favor of this proposed ordinance when it was read on May 20 and stated he would like the Council to consider the arguments given at the last meeting and have them made a part of the record. He would like permission to respond to the opposition upon conclu- sion. His presentation will be in the nature of a response in advance to what will be the most likely arguments against this ordinance. He believes there are two red herrings which may be dragged in to distract the Council of their responsibility to all the citizens. Mr. Stein stated the first red herring is that this is some sort of battle between the residents of Coastal Towers and the bar, lounge & restaurant across the street and is not a problem for the City and does not warrant passage of the pro- posed ordinance. He referred to Sterling Village consisting -6- MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 of over 800 units and stated a substantial number of these units adjoin Coastal Towers and their residents have written letters to the Council. They deny it is just a battle between Coastal Towers and the restaurant. Many of their residents are patrons of this establishment during the day time and early evening hours and they have had numerous luncheons there during the past few years.- This is not a vendetta against the estab- lishment. The numerous incidents of Qbscenities, profanity, lewd acts, damage to private and public property, trespassing, racing of car engines, painting obscenities on vehicles, etc. which they have been subjected to. All theSe incidents and many more do directly affect them and unquestionably have been a factor to have the proposed ordinance enacted. Mr. Stein stated that the consequences of the 5:00 A. M. closing pose a serious problem for the entire City and all the residents. When a sturdy wooden bench with a concrete base is smashed into smithereens, this is a problem for the City. When patrons leave an establishment intoxicated and Get behind wheels, they proceed along highways of the City and that is a problem of the City. When public brawls happen on streets, it is a concern of the City. Activities of this nature are not confined to this one area, but do occur during the early morning hours in the vicinity of any lounge. He then read an article in The Post on May 27 regarding a Boynton resident being stabbed near a bar around 3:15 A.M. tt is not so much the operations of these places which are a problem, but the activities of the patrons after they leave the establishments in an intoxicated condition. It is known that alcohol taken in excess affects people differ- ently. Unfortunately, a significant number of people become loud, profane, destructive~ etc. It is this last group which have caused problems and the reactions are not confined to a particular establishment. Therefore, the argument that this is a problem between the Coastal Towers and this establishment near them is a red herring to distract the Council of the main issue to be resolved which is the proposed ordinance prohibit- ing the sale of alcoholic beverages after 2:00 A.M. for the general welfare of all the residents. Mr. Stein referred to red herring No. 2 being the incidents and conduct described being police problems and he explained how most of the crimes are not serious but are-in the category of breaching the peace and creating a nuisance. He told about residents being awaken from sound sleep because of the noise of horns honking, engines racing or banging on their doors. Mayor Riscoe referred to setting a four minute limitation and stated the Council did listen to his presentation at the last meeting for 45 minutes and she requested Mr. Stein to please summarize. Mr. Stein replied that because of the importance, he requests to continue with his prepared speech. -7- MINUTES - REGULAR CITY COUNCIL 5~ETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mayor Riscoe requested comments from the Council members and Mr. Strnad replied that if Mr. Stein is allowed more time, additional time will have to be allowed for everybody. Mr. deLong stated he would inquire as to how much more Mr. Stein has to say and if he is going to be the lone spokesman for the people in favor of this ordinance? Possibly the time will measure out for all those opposed. Mr. Stein replied that he has no objection to everyone having equal time, but this is important to them and he should be fully heard. Mr. Stein continued with referring to police patrols having to be on continuous duty at the place in order for proper en- forcement~ but there are more serious crimes they are needed for. It is physically impossible for the police to be present to prevent these types of illegal conduct. They have tried the remedy of police action, but it has not worked. It is the Council's responsibility to assure the rights of the residents for peace and tranquility. This can only be assured by the legislation proposed this evening. This will not alleviate the problem completely, but it will remove people three hours earlier than presently and let the residents obtain a few more hours of uninterrupted sleep. Mr~ Stein stated it may be argued that they are unyielding and do not want to compromise and are bent on a campaign to drive dealers out of business or keep young people from having a good time. Some of the residents of their condominium are engaged in business and a few have children, but for the most part they are retired people and came to Boynton Beach expecting to lead a relaxed life. They do have an occasion to enjoy a drink or two and have a night on the town. They did try to resolve this problem and sat down with the manager of this establish- ment and there was to be a guard outside the establishment. This solution has not worked and the activities and conduct described continue. They have the right to peace and tran- quility in the early morning hours. Mr. Stein stated that another argument will be that the 2:00 A.M. closing will cause owners to put people out of work. It was stated on television that 500 people would be put out of work. This still allows 18 hours of daily operation and cer- tainly allows plenty of time for business. If they can't make it by 2:00 A.M., there is no doubt the business after that hour is from a certain type of out-of-town clientele which they be- lieve are bad for the people of Boynton Beach. He askS the Council to take into consideration the residents' investments in their condominium, which is $8,000,000, and is in jeopardy. He explained how the Council should weigh the advantages and disadvantages of this ordinance. He is confident the Council will uphold their responsibility. 8 MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Stein continued that with regard to investments, the business of sale of alcoholic beverages is not an ordinary business. Alcohol is the most widely abused drug in the United States. More people suffer or die from alcohOl and more money is spent coping with it. For this reason, the necessity for restrictions on alcohol is great. The people who are engaged in this business have the knowledge of strict regulation and are aware the hours dealing with the sale will likely change whenever the City Council decides for the good of public welfare that corrective legislation is desirable and necessary. Any claim that a particular owner purchased a business relying on the 5:00 A.M. closing is not a valid rea- son. Mr. Stein stated that another argument is that Boynton Beach is a tourist city that needs late hour businesses. Boynton Beach welcomes tourists, but what brings them here is the excellent climate, good beach, excellent restaurants, golf courses~ excellent fishing, etc. He referred to a brochure from the Chamber of Commerce and in reading the listing of attractions, the presence of late hour bars or restaurants is not mentioned. As far as tourism, Boynton Beach provides as many attractions as any other city in comparison. During the formulative stages of Boynton Beach, they appealed to attract all segments of society and allowed a closing time like the larger metropolitan areas, but that time has passed. They ask the Council not to look at the present, but more importantly to the future. He believes the tourists Boynton Beach want are not those seeking late night action, but are the adult family type. These sort of tourists are pleasantly fatigued by midnight and are ready for a good niglht rest. The other type has Miami, Fort Lauderdale and Wes~t Palm Beach. Mr. Stein stated that he now comes to the final consideration which should bear great weight on the action of the Council. As they pointed out, almost every incorporated city within a 25 mile radius of Boynton Beach prohibits the sale of alco- holic beverages after 2:00 A.M. Many cities are of comparable size and similar in population to Boynton Beach. They believe Boynton Beach should have a closing ho~ on par with Delray Beach and Boca Raton. As long as the 5:00 A.M. closing remains in effect, it acts as a magnet to draw the undesirable elements from the cities with 2:00 A.M. closings and he explained. It is also evident that people have opened businesses here because of the 5:00 A.M. closings and referred to a couple of establish- ments. Unless they want to see a proliferation of these estab- lishments, the Council must address this problem tonight. The Council must consider the situation and conditions not only as they exist today but as they will be in the future. He urges the Council to consider what is best for. Boynton Beach as it -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 reaches maturity and continues to grow. In a certain sense, the future character of Boynton Beach will be decided this evening. Will it become a wide open City, a place where the action is, a sin City, or will it remain a wholesome largely residential community? He asks the Council to pass Ordinance No. 80-22 as drafted without any changes or amendments for now and in the future. Mayor Riscoe then requested those wishing to speak against this proposed ordinance 'to please come forward. Mr. Gene Moore, 640 East Ocean Avenue, Attorney representing the Boynton Beach Restaurant and Bar Association, first com- mended the Council for their patience listening to the last speaker. He. will now present the red herrings this gentleman just talked about. They are here in the spirit of fairness and equity and hope the Council will recognize there are two sides to every situation. He feels there is and can be a just solu- tion to this problem. Initially they would like to submit several factors involving this problem they are confronted with. His clients are legitimate businessmen that are operating under valid licenses issued by the State and City to conduct businesses they are presently and have for many years been con- ducting. They are in properly zoned areas. Coastal Towers is located in a C-4 zone which was recently changed to C-3. The present ordinance prohibi~ the establishment of residences in a commercial zone. It seems unfair to have businesses go into a commercial zone and then allow residences to come into the commercial zone and have the people arguing that the businesses interfere with their residential rights. These legitimate businessmen in the City have invested a lot of money based on the integrity of the ordinances based on the 5:00 A.M. clos- ing being in effect. Many have come in with their businesses and have now gotten caught up in this which they have no con- trol over. Mr. Moore referred to this same issue coming up the last time in December,1975 and explained that the Council voted at that time 3-2 to defeat this. Another statistical point is that the bar and restaurant business in this community constitutes a major portion of the local economy. They are major employers. It is obvious if the hours of operation are reduced for this industry, it will affect the local economy directly and will increase unemployment. Under the existing conditions, which we are all aware of, he submits the local government cannot afford to enact legislation to accelerate these problems. He explained how there would be a loss in taxation to the State, City and Federal Government which would result in an increase in property taxes due to income losses. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Moore continued that regardless of what has been said to- night and previously, we are tourist oriented in this particu- lar town. The tourists come here for a good time as well as for the beach. If this particular activity is taken away, it will directly affect the rest of the industry: motels, real estates, etc. This is another example of government inter- ference in free enterprise. He submits the problem should be solved by the Coastal Towers people without government inter- vention. Mr. Moore then referred to a letter sent to the Council by Carol Blum and explained how these businesses are a primary source of employment for women. He is aware that letters have been submitted in support of this ordinance, but he has petitions signed bv 5~526 people in opposition to this ordi- nance. He submitted these petitions to the Deputy City Clerk and requested they be made a part of the record. These are people who are residents of Boynton Beach and who are spending their money in our town and oppose this enactment. petitiOns was acc his clients or t~ consider the fact this legislation been no showing c cUlar case. It i have been put tog more for law enfc licenses can be ~ could be blamed k a bar. There is If there are viol by the police ins seen nothing on t uation. Many bus Time should be ta Mr. Moore then referred to the closing hours of neighboring cities and stated that Delray Beach and Boca Raton have the 2:00 A.M. closing, but Palm Beach, Lantana, Lake Worth, West Palm Beach and P~lm Beach County have 5:00 A.M. closing. He added these are ~tatistics which can readily be verified. It is unfair.to say that everyone w~ll flock to Boynton Beach. Mr. Moore referred to the notification and stated his clients only found out akout this two weeks ago. The signing of these omplished in ten days. He submits that neither e City Council have had sufficient time to s, rights of the parties, or the effect of on the town as a whole. He submits there has f any dire emergency existing in this parti- s just that some small troublesome complaints ether to bother people. These problems are rcement and if there are real complaints, the ithdrawn. He doesn't know how a who~ industry ecause somebody got their throat slit outside no credence to somebody banging on your door. ations of ordinances, they should be enforced read of passing crippling legislation. He haS he police blotter that related from a bar sit- inesses have had no complaints against them. ken to look into these matters. The main issue concern's Coastal Towers and that problem should be re- solved. Mr. Moore proposed at this particular time that this matter be tabled for a 90 day trial period, during which time The Banana Boat would impose a self-imposed closing hour of 3:00 A.M. on week nights and 4:00 A.M. on weekends. They would provide sufficient physical security on their own parking lot. In -11- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 addition, they would fund security on Coastal Towers property to insure no noise or trespassing. Both security forces would be there to call the police immediately for any disturbance on the public area. This is not an emergency problem. He submits that during the 90 day period~ they can get full information and come up with a permanent solution. This problem just involves Coastal Towers and the Banana Boat, but by this ordinanCe, every other bar in town will be hurt. He respectfully submits this be considered by the City Council and hopefully they will proceed along that basis before immediate damage is done to the entire industry. Mr. Chris Lewis, owner of The Pour House~ referred to this pro- blem being a local confrontation and stated the real issue should be addressed. The real issue is that Boynton Beach is a growing community. It has growing needs and an organized growth must be provided for the restaurant industry in this town because it is the largest industry in the City. They ask the City Coun- cil to consider tabling this issue and establish a committee made up of representatives of the condominium associations, owners in the restaurant and bar association, and City representatives to study this problem for 90 days and come up with a solution which would be workable. To form such a committee to work on compliance would be of benefit to the City of Boynton Beach. Mr. Tom Blum, The Banana Boat, referred to living in the Bahamas for ten years and told how an inexperienced government led the country into recession within six months. He is not saying this will happen in Boynton Beach, but this ordinance will have a long lasting effect on the local economy. He requests that time be given to all the parties involved to study this legislation. Mr. John Kinkaid, employee of The Banana Boat, referred to having lived in Boynton Beach for 27 years and stated his prime concern is the complaints about the noise. What about the noise related with trucks~ trains, boat whistles, etc.? He explained how with closing at 2:00 A.M., there would be a mass exodus of people leaving bars when at present, they drift out slowly up to 5:00 A.M. He told about the patrons after 2:00 A.M. being workers from Bethesda Hospital, policemen, City employees, who are responsible people. He has been nice to the senior citizens who have moved here, but he was born here and doesn't appreciate people coming into his community and after living here one or two years, they tell him how to live. Mr. Lu~e Thieran, President of Delta Sigma Phi, stated that he represents the students of F.A.U. working in the restaurant and lounge business. He has worked in the restaurant business for six years to complete his college education. More students work in the restaurant business .because they attend classes during -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 the day and must work at night. Changing this ordinance will sacrifice jobs. He works here in Boynton Beach. This will cut a tremendous amount of income from students hoping to com- plete college by the passage of this ordinance. Before decid- ing on the ordinance, please consider the total effect on the community and the people who work here and how it will affect everybody's lives. Mr. Bill Duffy, employee of The Banana Boat, referred to having spent 18 years in South Florida in the restaurant business and stated he has never had to stand up before people to appeal for the financial stability of his family. He joined The Banana Boat organization in Fort Lauderdale in 1972 and has been work- ing here for two years. He agrees the liquor business is a very unusual business. He would like Mr. Stein to come in some night after 2:00 A.M. and see the quality of people in their establishment. There are policemen, nurses, airline personnel, etc. and he can count on one hand the number of incidents which have occun~d between 2:00 and 5:00 A.M. 90% of the people come in for their first drink at 2:00 A.M., hav- ing just gotten off from work. Mr. Duffy stated that he cannot get it through his mind that people could have the power to tell him where he is going to earn most of his income. In the last ten days, he has reviewed what he makes per week and he tends to lose 25% of his income. How would the people on the Council feel if 25% of their income was taken away from them? How would the people in Coastal Towers like their social security check being reduced from $600 to $450? Mr. Duffy continued that he took it upon himself at age 20 to get into the restaurant business. He has worked at places in New York and has yet to see a throat cut in a bar. There was also an article in the newspaper where someone.'.s throat was cut in northwest Fort Lauderdale at 10:00 A.M. People don't stay in a place from 8:00 P.M. to 5:00 A.M. Their clientele there at 4:00 A.M. have not been there over two hours. He sincerely hopes the City Council gives adequate time to coming to a final decision on this. Mr. Lewis Maricello, owner of Luigi's previously located in Boynton Beach, referred to having been here 25 years and stated as a former restauranteur and senior citizen, he goes along with the young people. They deserve to live. To take anything away from them is not fair. They have put a lot of money into their businesses. These kids should be given a break and be given the 90 days they are asking for. Give them a chance to find out what they can do. If something disturbs the people at Coastal Towers at 2:00, 3:00, 4:00 or 5:00 A.M., they shOuld do the same as he does when automobiles disturb him from 1-95 and that is to sleep right through it. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Sal Scalzo, owner of Sal's ~libi Lounge, stated he is a 20 year resident of Boynton Beach. One lounge and restaurant and two condominiums are not going to make a City. He moved here 20 years ago with the idea to grow with the City and not interfere with other groups. He has young people working for him, but this cutback will definitely put a holdback in the economy. According to the plaque on the wall, local self- government is the keystone of American democracy and this means the youth. Ms. Kathy Maracatta, 509 S.E. 1st Court, employee of the Banana Boat, advised that she supports three children and herself and maintains her own home. These people do not realize how taking 25% out of her pay is going to hurt her. If $25 or $50 is taken out of her pay, she is not going to make it but will be dependent on the State. Please give the working women consideration. Ms. Shirley Larson, employee of The Banana Boat and resident of Boynton Beach since 1955, stated she is the personnel man- ager and bookkeeper at the Banana Boat and there are 50 girls working there. If the hours are cut back, some of these women will be fired. Several of these women are the sole support of their families. She will have to tell these girls they cannot work in Boynton Beach. These women have come here because they work here, their children go to school here, they rent homes here and buy their groceries here. She is on a salary and wants a raise next year, but if the hours are cut, the revenue will be cut and she will not get her raise next year. She has a 19 year old daughter attending college and her daughter may not be able to go to college if she does not get her raise. This issue is too important to settle based on a few letters from some irate citizens. They would like to get together and talk about it and come up with a solution feasible for everyone. Ms. Ilene Stewart stated she has been active in the women's movement in Palm Beach County since 1972. She is here be- cause this has become a women's issue. The issue is econo- mics affecting women. 80% of the people working in this indus- try are women. This is a great number of women working hard to support their families and themselves and they cannot afford to have their income cut. Any income is significant if it is lost. This will affect real people and real mothers. This is an economic issue and affects the entire City. She requests the Council to take their time and think about all the incomes which will be affected. -14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Peter Chiapperini referred to every base having been touched by the previous speakers but stated the effect on The Vintage is that a multi-million dollar investment was made to occupy an 18,000 square foot building which was previ- ously empty commercial property. A good part of making this investment was because of the 5:00 A.M. license. They now empl~ 90 people in Boynton Beach. The type of people in their establishment are age 45 plus and they are 99% of their busi- ness between 2:00 and 4:00 A.M. Most of these people are local residents attending their lounge from 1:00 to 4:00 A.M. Most are business people. The impact of closing at 2:00 A.M. will have a real effect on their establishment and employ- ees. Money is the name of the game, especially with the margin of profit being squeezed real tight. The restaurant industry employs more people in Boynton Beach than any other business. It is a hospitality industry. He would be very much in favor for the City Council to consider the 90 day mora- torium and intelligently look at the proposition before them for what would be good for-the City of Boynton Beach. They should have the time to sit back and look at the effect on the whole City. He would appreciate if they would take that into consideration. Dr. Rich ~asella, 1425 S.W. 28th Avenue, Vice President of the Chamber of Commerce, stated the Board of Directors has author- ized him to express strong support to the 90 day period dis- cussed. The Chamber ca~s about the concerns of the residents and businessmen. They feel this 90 day period should be ad- dressed. The Chamber will make a study and at the end of the three months, they will submit a report. They are in favor of the 90 day period. Mr. Bill Kosky, 440 S.W. 4th Avenue, stated that he is not a member of either group, but he would like to have the privi- lege to go out and drink at 5:00 A.M. The same items which were referred to at the bar parking lot he has seen go on at the high school canvas at 3:00 P.M. Everybody here came from somewhere and the problem is they all want to have it like back home. A lot of people here have already raised families and he is sure they have kids somewhere and they go to estab- lishments like The Banana Boat. He is sure Boynton Beach must have a noise ordinance and a reading can be taken and it should be compared to the noise from 1-95. Mr. Gene Moore then submitted a letter published in the news- paper from Mr. Hettinger, owner of Mr. Butcher, supporting the hours like they are. Ms. Mildred Ogbu, 217 N.W. 3rd Court, referred to the senior citizens going out early and stated she has seen them at The Vintage doing the disco and having a lot of fun, but they go out early. When they have guests from out of town, they put -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Boynton Beach on the mad by taking them to these places. What about the workers in these places, the waitresses, chef, band, etc.? They want to go somewhere after 2:00 A.M. Those three hours mean a lot to the bar owners; that is when they make most of their money. She asks the Council to please con- sider their request. At this time, Mayor Riscoe ascertained that everyone had been given an opportunity to speak and declared the public hearing closed. Mr. Cheney stated that he would like to make one comment. He has been involved with everyone concerned about this, not just the Coastal Towers people but other citizens in town and knows about the tavern people too. One of the things that he sees in the long run and he mentioned this to people he talked to rela- tive to the proposed closing hours, there is a problem between 11:00 P.M. and 2:00 A.M. He suggested this to some of the people who are concerned about changing the closing hours and the feeling at that point was if we could at least solve the problem between 2:00 and 5:00 A.M. that is better. The more he thought about this, he is still concerned about the hours from 11:00 P. M. to 2:00 A.M. He understands there are some proposals and have been some proposals with the restaurant association considering to provide parking lot security before 2:00 A.M. If there is an opportunity to work out a solution for everybody, that may be more productive than closing at 2:00 A.M. He thinks we have to take a look at the issue from the co--unity point of view, the noise point of view, the inconvenience to the condominiums, which are serious problems. There is no question these are serious problems and they have been going on for a long time. We have to address that. He is not sure of the right way to address it, but he is concerned to what happens prior to 2:00 A.M. He doesn't know if we can address this successfully or not. He is confident we cannot fully address it just with the Police Department because many of the complaints are not addressable by the police. He is not sug- gesting what the answer is, but we do have that problem. He thinks there may be some validity if we feel there is an oppor- tunity to work out in a period of time something which addresses that question. This is not addressing the proposed ordinance as it was written as he suggested to the City Attorney that it be written. Maybe some time makes some sense. Maybe some time will solve this crucial time from midnight to 2:00 A.M., which is a difficult time with people living next door to places which are open. Some years ago it used to be gas stations on the corners next to residences and they were a problem, but they are not a problem at night any more. These kinds of things change all the time, but we do have that problem and he doesn't think it is just an after 2:00 A.M. problem. It maybe something we will want to see if we can work out. We do have a problem and there is no question about it. MfrNUTES- REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Strnad stated that we have the power now to pass this ordi~ nance tonight if we so desire, which would mean we would have a lot of angry people who are in this particular type of busi- ness. On the other hand,, if we don't pass the ordinance, we are going to have angry people who want-the bars closed at 2:00 A. M. From listening to the presentations, he would say he would be in favor of having this 90 day moratorium for whatever you want to call it. He had his mind made up when he came here tonight after listening to the complaints from the people in Coastal Towers that he was definitely going to vote for this ordinance and he is not saying he won't vote for this ordinance. He is saying in all fairness to every- body concerned, if we could work out an ammicable situation by using this 90 days which has been proposed, why don't we try to do it? Mr. deLong stated that it seems to him what these people are asking for is reasonable. He thinks he was in the same frame of mind as Councilman Strnad was when he came to this meeting. Now after listening to all the complaints and so on and so forth and as pointed out, he doesn't think it would be the American or democratic way if we don't at least table this matter for 90 days and give these peoPle an opportunity to see if they can't reach a reasonable solution. Mr. Trauger stated his only point was he felt the same as Councilmen deLong and Strnad when coming in, but he feels like postponing it for another 90 days, he does not believe the problem will go away. He believes we might as well face the issue head on while we have it here tonight. Mr. Harmening commented that he had nothing to say, Mayor Riscoe referred to being the one to break up this tie and stated she is going to go along with the proposed sugges- tion of Mr. Moore and her two colleagues to her left. This is strictly to work out or try to work out what we already know is a bad situation. Mr. Strnad moved to table this ordinance for 90 days. Mayor Riscoe ascertained there was no second and handed the gavel to the Vice Mayor to second the motion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - No Councilman deLong - No Vice Mayor Harmening - No Mayor Riscoe - Yes Motion failed 3-2. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Harmening moved to pass proposed Ordinance No. 80-22 on second and final reading, seconded by Mr. Trauger. Under discussion, Mr. Cheney referred to the effective date of this ordinance and Mr. Harmening suggested 45 days. Mr. Vance pointed out that the date now stated in Section 5 is for it to take effect on the tenth day after final passage. Mr. Harmening amended the motion to make this ordinance become effective 45 days after passage, seconded by Mr. Trauger. Mayor Riscoe called for a vote on the amendment and the vote was 5-0 in favor. Mrs. Boroni then took a roll call vote on the original motion as follows: Councilman Strnad Councilman Trauger Mayor Riscoe Councilman deLong - Aye Vice Mayor Harmening - Aye - Aye - Aye - Aye - By giving 45 days, they still have enough time to clean up their act and come back before it is finalized. Motion carried 5-0. Mr. Harmening then proposed the amendment to be incorporated in the present ordinance just passed to be to grant 5:00 A.M. on New Year's Eve and Mr. Vance informed him that New Year's Eve is excluded. At this time, Mayor Riscoe declared a recess and then recon- vened the meeting at 9:50 P. M. Proposed Ordinance No. 80-23 - Re: Reconstruction of Boats Mr. Vance read proposed Ordinance No. 80-23 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of this ordinance and the following came before the Council. Mr. Raymond Sweet referred to this ordinance being proposed because a discrepancy was discovered in the existing ordinance with it allowing four wheels and a frame to be parked and a recreational vehicle constructed without any time limit. He is in favor of this ordinance. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Richard McGowan, 2634 S.W. 7th Street, stated he is in favor of this ordinance because as it stands right now, they have had the misfortune of living across the street from an alleged reconstruction project which has gone on for a year with no change in the reconstruction project. He wants to know there is some point when the boat or vehicle will serve a useful purpose and be put in the water and not out in front decorating the front of the house like a monstrosity. Mayor Riscoe then requested those wanting to speak against this ordinance to please come forward. Mr. Tom Gmyrek, 2635 S.W. 7th Street, stated before he pur- chased his boat, in order to alleviate any problems, he called the City Building Department and indicated what he was going to do. He described the boat and what he planned. He des- cribed that it would be an indefinite project. He was told that what he planned to do was completely legal, so he made the decision to purchase this boat and have it moved onto his own personal property. Since then, he has been harassed by basically three individuals in the neighborhood. Representa- tives of the Building Department have come to his house on various occasions trying to find some way this boat violates the ordinances. He has been'in constant contact with Council- man Trauger and Mr. Keehr and the indications were the boat was legal and there were no violations and he had nothing to worry about. He was told nothing could be done except to change the ordinance which was almost impossible. After the last meeting when this ordinance amendment was put forth, someone told him about it. He contacted Mr. Keehr and was told the ordinance was going to be changed, but that it would affect future projects in the City and not his particular situation as his would be under the grandfather clause. To insure this information, he called Councilman Trauger and asked him this same question and his reply was that he felt it would fall under the grandfather clause, but he was not entirely sure and would check with the City Attorney. He called Councilman Trauger yesterday and was told this ordi- nance was on the agenda for tonight and the grandfather clause would be superseded. He feels he should have been notified. He knew nothing about the passage of this amendment and it will be necessary for him to move his boat almost immediately. On this short notice, he has obtained a petition with 36 sig- natures of those neighbors in the area who are sympathetic to his cause. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Gmyrek continued that his purpose in purchasing this boat was to provide a source of recreation for his family and a source of enjoyment for himself because he enjoys woodworking. He referred to refinishing five other boats in other states and advised that he did not receive one iota of harassment from anyone. The three individuals who have spearheaded this move to have this boat removed are guilty of infractions in the Boynton Beach code or ordinances themselves. Mr. Gmyrek then ~uestioned how according to the ordinance this boat was harmful to the health, safety and welfare of the resi- dents since it is just sitting in his driveway. This is an antique boat and he is restoring it. He thinks he has this right since many other neighbors on the street and other resi- dents in the area feel the same way about the boat. A few complain about this being an eyesore, but he compared this to a condition of some automobiles and people. Mr. Gmyrek stressed that he purchased this boat because the ordinances allowed it in this City. If the ordinances are changed, he will have to pay to store the boat and he will have to pay to remove the boat. As a family man with four children, the reason he does not have a new boat sitting on a dock in the Intracoastal is because he cannot afford it. This is one way he can provide this type of recreation for his family. He told about having limited time to work on this boat and then since there were complaints about the power tools, he only uses them during certain times. The thing which concerns him about this ordinance is the fact it eli- minates him or anyone else in Boynton Beach from carrying out any type of construction hobbies whether it is building furni- ture, boats, mobile homes, hot rod car, antique car, etc. If people are not allowed to follow their interests and hobbies on their properties, what else are they to do - go to the bars which are closing? He feels this is healthy for_- him and is providing a source of recreation for his family. He is not infringing on anyone's property. He told about other neigh- bors working on automobiles mn their driveways and another having an unkept lawn. He has not complained about these people and will not complain about them unless he is forced to move his boat. Mayor Riscoe referred to this being the second time tonight that it was mentioned that notification was not sufficient and questioned what could be done about this situation. Mr. Harmening replied that people have commented about this on numerous occasions and there are advertisements, but most people do not read the legal notices. He added that word does get around quickly on certain matters which was evidenced by the number of people here in reference to the bar closings. -20- MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. deLong stated if an ordinance is drafted for any specific reason particularly following a complaint, he believes the people who are involved in the complai~ should be notified this action is going to take place. However, the City Attorney must ascertain if we are going in the right direction. Mr. Vance stated that essentially in a community of this size, we have really only one choice and that is to comply with the requirements of the Florida Statutes. If it was a small town with a couple hundred people, it might be possible to give them personal notification. A copy of any ordinance is available from City Hall. Mr. Trauger stated when the ordinance was passed on first reading, he did tell Mr. Gmyrek he would find out whether he was grandfathered or not. He did call the City Attorney about this a few days later. He also delivered a copy of the ordi- nance to Mr. Gmyrek at 4:30 this afternoon and talked to him the other day. He explained how notification was difficult. Mr. Gmyrek stated that as he read the ordinanCe, there is nothing saying anything about removing the boat. His ultimate goal is to put the boat in water and use it. According to the amount of time he has to work on the boat and his financial situation, he believes he should be finished in about six months. The boat will not be completely finished at that time, but he will be able to put it in the water. Mr. Trauger referred to the approach of hurricane season and asked if it was vulnerable to have this in the yard and Mr. Gmyrek replied that this weighs about the same as an automobile. Mr. Gmyrek stated he would like an answer regarding the boat being detrimental to health, safety and welfare. He does. not see how it does any more than any other boat, car or trailer. Mr. Cheney informed him the thing addressed here is not the boat or recreational vehicle, but the process of reconstruct- ing the boat over a long period of time which is detrimental to the residential character of a neighborhood. It can become a semi-commercial activity. Mr. Gmyrek stated that this boat does.not fall into that category. Mr. Cheney clarified that it is the major reconstruction which is detrimental to the residential category. Mr. Vance added that actually this is an exercise of zoning power. A residential neighborhood is a residential neighborhood where there are houses and people live in them. The major reconstruction of a boat in a residen- tial neighborhood over a long period of time may not be compa- tible2 -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Gmyrek stated that of the 36 signatures on his petition, most of the people own some type of recreational vehicle and having a motor home sit in the driveway is legal. This ordi- nance means if an individual decides to change the interior of a motor home, he has two days to do it or is in violation of this ordinance. Mr. deLong questioned where the people live who signed the petition and Mr. Gmyrek replied that most of them live on S. W. 7th Street. Mr. Harmening stated that he really doesn't see the feelings of the people being particu- larly germane in this due to the fact we are exercising police power of the City over zoning. Mr. Cheney added that Mr. Gmyrek pointed out that two days was given, but this was amended to seven days at the first reading of the ordinance. Mr. Terry Richter, 602 S.W. 27th Avenue, referred to owning and operating a business in this community and stated that he owns a home and pays taxes. He also has two children who are competitive water skiers. He told about having a boat for this purpose which is parked next to his house and requires constant maintenance. He stated that this ordinance will affect him as he will not be able to take care of the normal maintenance of his boat. His boat is possibly worth more than his neighbor's automobile which they can park in the driveway. He sees this ordinance as a direct threat to his recreation. The boat is used for recreation and health. He would appre- ciate if the Council would take this into consideration before imposing maintenance problems on the residents. Mr. Trauger clarified that this ordinance refers to reconstruction and a seven day period is allowed. Mr. Trauger moved the adoption of proposed Ordinance No. 80-23 on second reading, seconded by Mr. Harmening. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - No Councilman Strnad - No Councilman Trauger - Aye Councilman deLong - Aye Motion carried 3-2. Proposed Ordinance No. 80-24 - Re: Charter Change - Civil Service Rules and Regulations Mr. Vance read proposed Ordinance No. 80-24 by title on second reading. Mayor Riscoe requested anyone in the audience wishing to speak in favor of this charter change to please come forward and re- ceived no response. She asked anyone wishing to speak against this to please come forward and received no response. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Harmening moved the adoption of proposed Ordinance No. 80-24 on second and final reading, seconded by Mr. Trauger. Under discussion, Mr. deLong stated he would like to read as a matter of public record the following statement pertaining to this ordinance: "Article 4, Administration, Section 49, General Provisions of the City Charter provides as follows: The government of the City shall be carried on by the Mayor and City Council. The authority to legislate is thereby granted to the City Council who accordingly have been granted to sponsor, amend, repeal and enact all City laws including those laws recognized as th~ Civil Service Rules and Regula- tions. In review of Article 4-A, Merit System, Personnel, including the Civil Service Appeals Board duties, etc., Section 72.13 of the City Charter will reveal in that no in- stance does the two amendments to the Civil Service Rules and Regulations sponsored by me and approved by a 4-1 vote of the City Council infringe upon, supersede and/or reduce the author- ity of the City Manager~ Personnel Director and/or the Civil Service Appeals Board as provided for in Article 4-A of the City Charter.'~ Mrs. Boroni then took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. At this time, Mr. Trauger moved to proceed with discussion of the bike path at Forest Park School since a woman and child were waiting for this subject and the hour was getting late. Mr. Harmening seconded the motion. Motion carried 5-0. Report on Bike Path - Forest Park School Mrs. ROlanda Dean referred to the children attending Forest Park Elementary School having been confronted with close calls when walking to school and stated this is a community concern. Other schools are receiving financial aid for different reasons. She referred to the cost for this and questioned how a price could be put on a child's life. She requests the Council to let their hearts and minds rule on this situation and not their pOckets. The City should be concerned about this. She will fight until a sidewalk is put in. Who makes the decisions for bike paths? What influences the priority of projects? When will something be done in this area? She reiterated further the problem of traffic and children walking along S.W. 3rd Street. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Cheney stated that first there is the question of funding and how to pay for this bike path and whether to put it above other projects. It is the general feeling that it should be a bike path and not a sidewalk. There is also the question of how far along the street it should be built. He has met with the school principal and has obtained the statistics of where the children live. Mr. Harmening questioned the linear foot price for a 4' side- walk or a 6' bike path and Mr. Cheney replied that it would probably be $5.00 to $6.00 for the 4' and $9 to $10 for the bike path. Mr. Harmening suggested that he prepare a report for the next meeting with some descriptions and alternates. Mr. Trauger suggested that the City Manager look at three different spans for this project with considering the three or four blocks closest to the school and dividing the remaining part into two with prices for 4', 5' and 6' macadam. Mayor Riscoe announced that a report will be given at the next meeting on what can be done. Ordinances - 1st Reading NONE Resolutions Proposed Resolution No. 80-P - Re: Annexation Legislation Mr. Vance read proposed Resolution No. 80-P by title. Mr. Harmening moved the adoption of proposed Resolution No. 80-P, seconded by Mr. Trauger. Mr. deLong added that this should be forwarded to the appropriate authorities. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Motion carried 5-0. Proposed Resolution No. 80-Q - Cemetery Marker Placement Fees Mr. Vance read proposed Resolution No. 80-Q by title. Mr. deLong moved the adoption of Resolution No. 80-Q, seconded by Mr Harmening. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: -24- MINUTES - R~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. Proposed Resolution No. 80-R - Re: Watersedge - Accept Water and Sewer Lines Mr. Vance read proposed Resolution No. 80-R by title. Mr. deLong moved for adoption of Resolution No. 80-R, seconded by Mr. Harmening. Under discussion, Mayor Riscoe referred to Mr. Clark noting approval of this, but asked why there was nothing from Mr. Cessna and Mr. Cheney informed her this has been reviewed by everyone and there was a memo from Mr. Cessna and his memo covers all departments. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Resolution No. 80-S - Re: Accept Grant Offer - EPA Mr. Vance read proposed Resolution No. 80-S in its entirety. Mr. Harmening moved for adoption of Resolution No. 80-S, seconded by Mr. deLong. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. OLD BUSINESS NONE -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 NEW BUSINESS Authorization to Employ Auditor for 1979-80 Fiscal Year Mr. Cheney referred to submitting a memo and stated that he recommends we employ Ernst & Whinney for an additional year for the audit of the 1979-80 books. Mr. deLong moved to accept the recommendation of the City Manager and authorize employing Ernst & Whinney for one more year. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. Recreation Project Contract Agreements, Construction Approval, and Fund Transfers 1. Rolling Green School 2. Congress Middle School Mr. Harmening moved to grant this request and authorize the proper people to sign the contracts for both. Mr. Trauger seconded the motion. Under discussion, Mr. deLong asked if the City Attorney has reviewed these contracts and Mr. Vance replied affirmatively. Mr. Cheney added that the agreement for Congress Middle School was passed yesterday by the School Board. He referred to the manner in which the agenda is hand- led at a School Board meeting and told about Mrs. Pell pulling this out and making a special point about Boynton Beach and the School Board cooperating on things like this. Motion carried 5-0. ADMINISTRATIVE Water & Sewer Connections - Gulfstream Professional Center (Tabled) This item was left on the table. City Manager - Report on Bike Paths County Funding Application for 1980-81 Mr. Cheney referred to submitting a list of bike path projects for County funding and added that Mr. Trauger suggested if they agree on this priority list, it should be made clear with the application to the County that we are not asking for funds to build bridges, but just to build the bike paths. If the Council agrees, it can be pointed out that it is from bridge to bridge. In reference to the area of Forest Park School, he did not put it on the list because funds would not be available in time. Mr. Trauger referred to this putting a complete link in the major portion and moved to accept the list as submitted by the City Manager, seconded by Mr. deLong. No discussion. Motion carried 5-0. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Report on Bulldog Fence Company. by City Manager Mr. Cheney stated at the May 20, 1980, meeting of the City Council, during Public Audience, Mr. Bill Hartman raised ques- tions about his appearance before the Board of Zoning & Ad- justment and the necessity of submitting an up-to-date survey, the cost of which would be $150. During the discussion with City Council, there was suggested that possibly the $150 fee for filing the variance should also be considered. As far as he can determine there is really no need to require a new survey for this property since the property was surveyed at the time that Mr. Hartman located his operation on this site and it is pretty clear that there has been no change in owner- ship or lot configuration since that time. This requirement for an up-to-date survey is a requirement of the Board of Ad- justment, but he imagines that they will be willing to waive this requirement in this case. Mr. Harmening suggested that it be recommended that the Build- ing Official make a recommendation to the Board of Adjustment. Mr. Cheney continued that during the discussion of this matter with the Codes Enforcement Board, the Board is not able to find any clear cut error on the part of Mr. Hartman or the City, although it can be concluded that possibly the City overlooked the indications on the site plan that there was to be an open storage area, which would require adequate screening and Mr. Hartman, being in the fence business may have been expected to be more aware of the City codes relative to fencing. He would suggest in this case the $150 application fee be waived, since the objective here is to find a vehicle through which Mr. Hartman and his property can either become legal within the terms of the ordinance or legal with the granting of a vari- ance. Mr. Harmening moved to instruct the City Manager to waive the $150 fee for the Board of Adjustment, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Report on American Legion Post by City Manager Mr. Cheney stated at the May 20, 1980, City Council meeting, Mr. Leroy Harris representing the Leroy Parker American Legion Post ~2~88 addressed the Council during Public Audience rela- tive to recent zoning changes that affected the property of this Post. In response to Mr. Harris, the City Council asked that he provide the Council with information concerning this matter. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Mr. Cheney continued with his report: Summary: The American Legion Post bought 10,600 square feet of land in 1970 at the corner of N.W. 12th Avenue and N.W. 5th Street. Over the years the Post has been preparing to build a large building on this property and began to make such application for this project in 1977. At that time, it was pointed out to them that the minimum lot size was 20,000 square feet and therefore, the Post would have to seek a variance to this minimum lot size. Apparently that variance was not pursued any further until early 1980 at about the time that the rezoning for the comprehensive plan was taking place. For some time, this area of the City had been zoned R-3, as a part of the comprehensive plan analysis it was determined that the development density in this area should be reduced to an R-2 density in Order to take steps to improve the residen- tial character of the neighborhood. Alternatives for Legion to Pursue: A. The Legion can pursue the amendment to the land use plan and a rezoning for this area in order to have the lot rezoned to R-3. Such action would be a fairly clear example of spot zoning and would put a piece of development in the area that is not consistent with the density of this portion of the City. Such action would, however, go toward solving the Legion's problem with the use of their land. B. The Legion could pursue a text amendment to the R-2 zone to allow uses of this kind as a conditional use in the R-2 zone (as they are now in the R-3 zone). Such action would move to- wards creating a position that would allow the American Legion to pursue, on the other hand this action would allow such uses to take place in all R-2 zones throughout the City as condi- tional uses, and will be placing a use into the R-2 uses that has not been considered compatible with the R-2 low and medium density areas. Other Considerations for the Legion: The R-3 zone and he assumes the R-2 zone if it were amended requires minimum lot area of 20,000 square feet for this pro- posed use. The Legion property consists of 10,600 square feet, and, therefore a major variance in the lot size will have to be petitioned and obtained from the Board of Adjustment. If the 20,000 square foot minimum requirement currently contained in -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 the zoning .ordinance is reasonable for use of this kind, the Board of Adjustment might have some reservation about granting a variance that will result in approving a lot that is about 50% of the minimum required. In order to accommodate a reason- ably adequate sized building on a 10,000 square foot lot, the current indicated parking requirements are minimum for this kind of use and may prove to be inadequate over a period of time if this property and building is well used by people ar- riving at the site by automobile as opposed to walking. Direction for the Legion and the City: The Council might wish to pursue, through a Public Hearing, both alternatives A and B above, and thus postpone, until the Public Hearing time, the decision as to the correct or best direction to pursue with this matter. If this is the case, he would recommend that the Council become the applicant for either or both of these alternatives and thus not charge the Legion fees for this process. He would recommend, however, that the Legion pay the normal fees for the conditional use permit re- view and the Board of Adjustment review, since these costs would have had to be borne by the Legion even if the comprehen- sive plan and resulting rezoning did not make the property R-2 instead of R-3. Mr. Trauger moved to table this until the next meeting for study, seconded by Mr. Harmenin~. Under discussion, Mr. deLong referred to the people having kept this Post going and stated that people all their lives look forward to having their own Post. He thinks it is incumbent upon this City Council to aid and assist these veterans. Mr. Harmening concurred, but stated~he would like to review the City Mana- ger's report since it was just received. Motion carried 5-0. Response to A-95 Review of Projects: 1. Community Development 2. Diamond Head Development Corporate Beach Mr. Cheney suggested the Council may want to take a position on these two applications pending before the Area Planning Board and advised that one has to do with funding for the Community Development program for the coming year in Cherry Hills and the other is in reference to the County beach pro- gram. Mr. deLong moved that the City Manager respond with the full blessings of the City Council in both projects, seconded by Mr. Harmening. Under discussion, Mr. Harmening asked how come there is only $200,000 this year and Mr. Cheney replied that it is probably due to more communities catching up with the funds. Motion carried 5-0. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Approval of Engineering Authorization for Three Utility Project Engineers Mr. Cheney recommended that the City Council approve the execu- tion by the City Manager of the three engineering authorization forms. One of these projects calls for the completion of a missing 600 foot length of water pipe in Congress Avenue in the area of N.W. 2nd Avenue. Another calls for the design of a force main (10") along Miner Road east of Congress Avenue. The third calls for the redesign-for the adjusted location of a 16" water line on Congress Avenue north of N~W. 2nd Avenue. All three of these projects are essential parts of the utility system. One of the projects, the 600 feet of water line~ fills in a gap in the City's system and will be funded by the Utility Fund. The other two projects are a part of the development of the North Congress Avenue area and it is anticipated that con- struction will be pre-funded by developers in the North Congress area. That agreement is currently being prepared and should be before the Council for approval within one or two meetings. Mr. deLong moved for approval of this engineering authorization for the three utility project engineers, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Request for Refund - Cemetery Lot Mr. deLong moved to grant this refund subject to the usual dis- count, seconded by Mr. Harmening. No discussion. Motion car- ried 5-0. Confirmation of South Central Regional Wastewater & Disposal Board Action - Administrative Director Mr. H~rmening moved to confirm the action of the Regional Board on the appointment of Mr, Bean as Administrative Director, seconded by ~r. deLong, Under discussion, Mr, Cheney added that this has been confirmed by Delray Beach, Motion carried 5-0. ~PPli'ca~ti'o~n for Permit 'to Solic%'t- Flori~a~Co-nsumer, s Feder~ation Mr. Cheney informed the Council that the application asks for door~to-door residential solicitation for the period of June, July and August, Mr. Harmening moved to deny this application, seconded by Mr, Strnad, Under discussion, ~, Trauger asked where this group is located an~ Mr, Cheney replied in West Palm Beach. Motion carried 5-0. -30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 Request for Four Temporary Trailers on Future Holiday Inn Site Mr. Cheney recommended that approval be given to locate four temporary trailers on the Holiday Inn site. Mr. Trauger so moved, seconded by Mr. Harmening. No discussion. Motion car- ried 5-0. Request for Zoning Approval for Bevera~ License Application - Summit Associates, Ltd., dba Hunters Run, 3500 Clubhouse Lane, Boynton Beach, Florida Mr. Harmening moved to grant approval of the beverage license application for Summit Associates, Ltd., dba Hunters Run. Mr. deLong seconded the motion. No discussion. Motion car- ried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: 1. R. B. Grove, Inc. 9,990.00 10nan OEM-15R 45 KW Portable Generator Pay from Water & Sewer Revenue Fund 401-352-535-60-42 Herb Willard Trucking, Inc. For Shell Rock Pay from General Fund 001-411-541-40-3A 1,591.20 3. Board of County Commissioners Use of County Landfill for April Pay from General Fund 001-341-534-40-9A 10,965.00 4. The Ohio Fireworks ~fg.. pisp.lay Co. For aerial fireworks display for 4th of July Pay from Publicity Fund 101-191-519-40-59 2~700.00 5. John Churey & Son Construction Co. Rebuild wall entrance sign, Chapel Hill Pay from General Fund 001-000-247-41-00 1,250.00 6. Allen Insurance ~gency 7,449.00 Public Officials Errors & Omissions Insurance Pay from General Fund 001-195-519-40-48 4,966.00 Pay from Water & Sewer Fund 401-395-539-40-48 2,483.00 -31- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JUNE 3, 19'80 7. Lot Service Sara Sims Park Sodding and Seeding Pay from General Fund 001-000-115-88-00 Original Contract Over-run Credit (overlooked area) New Contract Amount Less 10% Recommended Payment 9,230.00 648.00 (246.31) 9,631.69 - 963.17 8,668.52 Reimbursable from Community Development Grant 8. Russell & Axon Professional services on various projects To be paid from following accounts: 401-000-169-01-00 1,466.34 401-000-169-02-00 1,310.39 401-000-169-11-00 1,753.51 401-000-220-61-00 1,351.72 401-000-220-63-00 11,089.01 8,668.52 16,970.97 9. South Central Regional Wastewater Treatment & Disposal Board 25,000.00 City Portion of additional funds to cover expenses attached to the furtherance of Step II and minor amendments Pay from Utility General Fund 401-000-169-11-00 10. Florida Power & Light Co. To double deadend the primary and de-energize while the City installed sanitary crossings for Job Order #532-174.1-410 Pay from Utility General Fund 401-000-169-11-00 1,651.61 11. Allied Chlorine Corp. 2,049.75 For 9 Tons Chlorine Water Tr. Plant Pay from Water & Sewer Revenue Fund 401-332-533-30-63 12. State of Florida - Division of Forestry Urban Forestry Assessment/Boynton Beach Urban Forester for the period March 1 to Sept. 1, 1980 Pay from General Fund 001-722-'572-40-68 1,500.00 13. Xerox Corp. 1,049.93 For Xerox 7000 Ser. ~226-018877 - 3/25/80 to 5/15/80 Pay from General Fund 001-194-519-40-22 -32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 14. Lot Service Hibiscus Park & N. W. 7th St. Sidewalk Original Purchase order amount Additions Less Amount Paid Amount Remaining Less 10% 20,653.08 1,660.00 - 10,000.00 12,313.08 - 1,231.31 Recommended payment 11,081.77 Project funded from Recreation & Park Dept. Funds 15. Caldwell, Pacetti, Barrow & Salisbury For professional services rendered: Turner vs City of Boynton Casolaro vs City of Boynton Pfaffenberger v$ City of Boynton First Fed. S U L of Broward vs City of Boynton Pay from General Fund 001-141-514-40-68 11,081.77 1,471.48 16. Willie Ruth McGrady Server at Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance ~73-15, passed 5~5/73 86.40 17. Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 18. South Central Regional Wastewater Treatment & Disposal Board Monthly payment 99.00 26,598.00 Mr. Cheney recommended approval of these bills. Mr. Trauger moved that these bills be paid, seconded by Mr. deLong. No discussion. Motion carried 5-0. Workshop Meeting Date Re: Retirement Pension Fund Mr. Cheney suggested having a workshop meeting with the bank re- garding the pension plan on Thursday,-June 19, at 7:30 P. M. Mr. Harmening moved to accept the City Manager's recommendation, seconded by Mr. Trauger. No discussion. Motion carried 5-0. ADJOURN~ENT Mr. deLong commended the Mayor for her wonderful performance on commanding the chair this evenin~ and then moved to adjourn. Mr. Harmening seconded the motion. Motion carried 5-0 and the meeting was properly adjourned at 11:00 P. M. -33- *Addition - see. minutes of 6/17/80: and also Mrs. Betty Boroni, who substituted for the City Clerk,and the Police Department under the supervision of Capt. Ed Hilliary. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 3, 1980 CITY OF BOYNTON BEACH, FLORIDA ATTEST: BY Mayor f -' Vic~yor '~~~C'~ty Clerk ecordi~g Secretary (Four Tapes) -34-