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Minutes 01-18-82MINUTES OF THE SPECIAL COUNCIL MEETING HELD AT CITY HALL, BiOYNTON BEACH, FLORIDA, ON MONDAY, JANUARY 18, 1982 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Council/~ember Samuel Lamar Wright Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening called the meeting to order at 7:30 P. M. He announced that a public'hearing was called on a proposed ordinance for referendum. Mayo~ Harmening asked City Attorney Vance to read the proposed ordinance sometimes described as "Ordinance C" by caption. PUBLIC HEARING City Attorney Vance read proposed Ordinance No. 82-5 by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THE AMENDMENT BY REFERENDUM VOTE OF THE ELECTORS OF THE CITY OF BOYNTON BEACH BY ORDINANCE OF APPENDIX A, 'ZONING', SECTION 4, 'GENERAL PROVISIONS' (F) 'HEIGHT LIMITATIONS AND EXCEPTIONS', SUBSECTIONS 1, 2 AND 3, OF THE ORDINANCES OF THE CITY OF BOYNTON BEACH; TO PROVIDE THAT THE EXISTING HEIGHT LIMITATION OF 45 FEET SH~LL APPLY TO ALL ZONED DISTRICTS OF THE CITY EXCEPT THE DOWNTOWN COMMERCIAL AREA AND THE WESTERN COMMERCIAL AREA, WHICH IS COMPOSED OF LAND NOW WITHIN T~E CITY LIMITS AND OTHER LANDS WHICH MAY BE ANNEXED INTO THE CITY AT A FUTURE DATE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayo~ Harmening said if anyone wished to speak in favor of the proposed ordinance, they may do so at this time. Mr. Dan Garnsey, 316 S. W. 1st Avenue, said referendums seemed to be a politically popular foremat for the Council to do their job latelY. A few weeks ago, Mr. Garnsey read where Mr. Beane went to the Variance Board to have a piece of his property rezoned. According to the paper, it seemed that was a popular idea in the area where the property was located. The Council did not bother to put that to a referendum, but the Council did not see fit to give Mr. Beane his variance. However, Mr. Garnsey felt the majority of the people were in favor of the variance. Mr. Garnsey noted that the City budget is not submitted to referendum. He said perhaps all ordinances could be submitted to referendum and the people could do away with the Council. Mr. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Garnsey thought the Council was elected to pass ordinances and not put them to referendum. He told the Council their job was there, and sometimes they are sitting in a "hot seat". There was applause. A year ago, Mr. Garnsey said there was a referendum about the golf course. He asked how pertinent the facts were regarding the golf course today. Mr. Garnsey predicted that times will change, and he did not think it was fair for the Council to tie the hands of future Councils so they will not be able to meet the changes coming to BOYnton Beach when they see fit. There was loud applause. Mayor Harmening .asked if anyone else wished to speak in favor of the proposed ordinance. Richard Masella, 1425 S. W. 28th Avenue, appeared as President of the Boynton Beach Chamber of Commerce. Improvement in the quality of life for all of Boynton's residents.has been the Chamber's policy, Mr. Masella informed the Council. Mr. Masella said the Chamber found it very unfortunate that precious time and energy is being taken up by unnecessary referendums on height and bar closing hours. Mr. Masella thought the discussion tonight should be about ways to reduce the frightening crimes against both person and property or ways to reduce the accident rate on the highways or things that could be done to improve the daily lives of those less fortunate than ourselves, such as people confined in .nursing homes. Instead, Mr. Masella saidrthe people are witnesses to an exercise in politics, pure and simple. Groups of citizens are being set against each other for no valid reason, Mr. Masetla continued. The confrontal±on ser~es no'purpose and will, in reality, bring no benefit to the City, Most sadly, Mr. Masella said, it will diverse the City's attention from most pressing concerns. The Chamber of Commerce is aware three votes exist~', on the Council for the passage of height and bar closing referendums, The Chamber askedthe Council to cast their roses for proposed Ordinance 82-5, which would permit future Councils the discretion of allowing commercial develo~pment in excess of 45 feet in certain limited areas of Federal Highway and Congress Avenue. Mr. 'Masella said the Chamber of Commerce trusted that in the future the vehicle of referendum will be reserved solely for appropriate issues sUch as proposed major capital expenditures, Mayor Harmening asked if anyone else wished to speak in favor of the proposed ordinance. Mr. Cas Kismirek from First Federal Savings and Loan Association of Lake Worth~ informed~ ~he~Co~il~.th~ First Federal purchased a - 2 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 19.82 13 acre parcel at the Northwest corner of Boynton Road and Congress Avenue. Mr, Kismirek did not appear to speak in favor or disfavor of the referendum, but he was there to express the concern of First Federal about the 45 foot height limitation. First Federal Savings and Loan A'ssociation of Lake Worth feels that currently, their property exists within the boundaries of Palm Beach County and is subject to the zoning o~rd±nances of Palm Beach County, which are not.restrictive and do not have height limitations but do provide for height on a basis of a calculated ratio, Mr. Kismirek advised that Firs% Federal felt a 45 foot height restriction does propose a very punitive situation for them. Mr. Kismirek hoped that whatever the Council decides, it will result in a situation where businesses going into the commercial area will not be subject to the 45 foot height requirement. Vice Mayor Trauger asked what restrictions the 45 foot height limitation would impose on First Federat's development, Mr, Kismirek replied that they have prepared preliminary site plans and have hired an architectural firm to do a pretimina~ .layout. They examined the parcel, based on the requirements of the"COunty~s CG zoning which would prevail on their piece of property, At the present time, Mr. Kismirek advised they were looking at something which would provide a seven story building and two six story build- ings similar in concept to the Arvida Financial Center in this area. Mr. Kismirek further informed the Council that they had hired an economic consultant firm, whowas very keen~On this area. The consultant firm thinks this area will be a tremendous gmowth area and provide a real economic boom to Palm Beach County, Mr. Kismirek advised. Mayor Harmening asked if anyone else wished to speak in favor of the proposed ordinance. Robert Hill, AsSistant Administrator, Bethesda Memorial Hospital, representing the Board of Commissioners of the Southeastern Palm Beach County Hospital District, read a Resolution which was passed by the BOard of Commissioners of the Southeastern Palm Beach County Hospital District. The Resolution stated that the design and construction of Bethesda Hospital contemplated that its maximum height would consist of four floors. It further stated that it was the hospital's understanding that the City of Boynton Beach is planning to restrict the height of buildings within the community to four stories or 45 feet, whichever is less, without obtaining a special exception from the Board of Adjustment. Considering the present Code and building requirements, together with the requirements of the Department of Health and Rehabilitative Services, and in light of the needs of the hospital, Mr. Hill read that it was not possible to build four hospital floors within 45 feet. Mr. Hill further advised that attached to the Resolution was a - 3 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18~ 1982 copy of a letter prepared by the hospital's architects ~erifying that fact. He read further: . ."Bethesda Memorial Hospital does hereby go on record as requesting the City of Boynton Beach to make an exception for the hospital faCilities, enabling it.to build four stories, but without specifying the ~aggregate height involved .... " Mr. Hill read the certification on the Resolution dated January 13, 1982. Councilman deLong interjected that Bethesda Hospital st no time had any problem whatsoever in building the heights they wanted to because they went before the Board of Adjustment and were granted a variance. Vice Mayor Trauger said there was an area in the ordinance for exception of mechanical features.such as air condition±ng, He asked Mr. Hill what his engineers would say the maximum in footage would take for the hospital. Vice Mayor Trauger added, "Four floors, and how many feet?" Mr. Hill replied that the worst case would be 58 feet. Mr~ Hill explained that the Resolution was worded the way it was because they were not trying to specify a specific footag~ as different areas of the hospital require different heights for their services and to get the utilities between the finished ceiling space and the structure above, It could vary anywhere from 12 feet slab to slab; and that is structure to structure not finished ceiling. It could be anywhere from 12 feet to 16 feet, depending on what the facility would be they were trying to provide, Vice Mayor Trauger asked if that would be above or under grade. Mr. Hill answered that would be above grade. Mayor Harmening asked if anyone else wished to speak in favor of the proposed ordinance. Jim Corbit, 2399 S. W, llth Avenue, LeisUreville, was very much in favor of the 45 foot limitation. He moved from Hollywood because of no height llmitat~ons, and felt there were' a lot of people in Leisureville who were in favor of the height iimitation~ He said people do not want the qonfusion Hollywood and Fort Lauderdale have. There was loud applause. Mayor Harmening asked if any¢ the proposed ordinance. Robert Deker, 2207 S. W. 20t~ be limited to 45 feet in Boyr to Boynton Beach to have a cc ,ne else wished to speak in favor of Terrace, believed the height should ton Beach. He said he did not come ncrete jungle like in areas South of here. Mr. Deker said they talk about expanding but all that does is make a higher concentration of people and more traffic. He said he never lived in a town that talked about getting a better - 4 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 tax base and reduced everybody's taxes. Mr. Deker repeated that the height should be limited and alsoc~he~0~ce~a~fo~ao~.~pe6ple in the area. There was very loud applause. Mayor Harmening explained that the ordinance being proposed limits all of the city to 45 feet except two areas, one out west and one to the east, in the downtown area. Mayor Harmening said he asked for everyone in favor of that ordinance~to speak. He thought some people spoke too soon, and asked if anyone else wished to speak in favor of the proposed ordinance, He told the audience as soon as everyone who Wished to speak in favor had spoken, the Council would hear everyone in opposition to the proposed ordinance, Mr. Bob Wilmoth, Robert Wilmoth Associates, Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, told the Council he lives in Lake Worth. He appeared f or various groups he had interests with, who were concerned about the issue before the Council. He presented two proposals of the same use of property to the Council, Mr. Wilmoth said the proposals were 'in relationship to the DeBartolo Mall that is being proposed for the western area of Boynton Beach. The property is bordered'by the canal and Congress on the east. Mr. WilmOth informed the Council ~that his company was a mortgage banking firm, which .lends money to real estate developers. They are a real estate brokerage firm also. In March of this year, they consummated a deal with Mr. DeBartolo and his group, Mr. Wilmoth~worked for First American Bank of.Palm Beach County for about six years. After he left, he went to work for his father, Robert Wilmoth, They bought the property from Mr. DeBartolo for the purposes shown on the sketches he presented to the Council, They want to make as much use of the parcel without overdeveloping it. Mr. Wilmoth said they gave a lot of thinking to itmany years ago, Mr. Wilmoth remarked that he has lived in Lake Worth for thirty years and grew up in this area, He said the people of Boynton Beach have the utmost opportunity to see the right thing happen with the proper planning. Mr. Wilmoth continued that his business was knowing real estate and knowing what makes it work. Mr. Wilmoth told the Council he was speaking in favor of a height that would permit developmen~ as they saw outlined in the papers he presented to them in the interest of the bank (who owns the property) and in the interest of the development, which Mr. DeBartolo felt would enhance the overall desirability of the mall and the shopping. From a mortgage banking standpoint, M~. Wilmoth said they proposed to erect an office building there for the purpose of meeting the overall needs of the community, Mr. Wilmoth informed the Council they were interested in seeing that heights be made available under certain circumstances for the appropriate uses they would have to approve at the time. Vice Mayor Trauger asked Mr. Wilmoth how high a building he - 5 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 proposed on the site. Mr. Wilmoth replied ten or twelve stories. The audience voiced loud objections. Councilman deLong understood there would be 14 stories. Mr. Wilmoth said they would design a building which would be appealing to all concerned. Vice Mayor Trauger asked Mr. Wilmoth if the money that would be invested in the buildings become the property of Robert Wilmoth (his father) and himself, or would they be gaining a commission from somebody else as a developer. Mr. Wilmoth told Vice Mayor Trauger that was a very interesting question. The audience laughed. Mr. Wilmoth explained that their company represents major life insurance companies, such as State Farm Insurance Company, and sometimes joint venture financing is required between the developer and the life insurance companies. Insurance companies become financial partners with a developer. Mr. Wilmoth said they may be called upon to manage, lease, and look after that property on-behalf of the institution. Vice Mayor Trauger asked if they looked at any more property so they would not have to go so high. Mr. Wilmoth answered, "No." Mr. Wilmoth talked more on the benefits of his project and the office building, and thought it would benefit everyone. There were boos from the audience and shouts of "Sit Down". Councilman deLong said his'information on the Parcels was that they were on each end of the DeBartolo tract, and that one would be 14 stories and the other one would be 27 stories. Mr. Wilmoth said that was not true. Councilman deLong Stated that the one on the corner of the DeBartolo tract would ~be embraced by the ordinance, The one on the south end would be 14 stories, and the one on the north end will be 27 stories. Mr. Wilmoth replied that was not what he came to tell the Council. That was why he brought the preliminary drawings. Mr~ Wilmoth told Councilman deLong he did not say any stories except what was shown on the drawings. Mayor Harmening told Mr. Wilmoth he did say stories, Mr. Wilmoth admitted he said 10 or 12 stories but not 14 or 16 stories. Mayor Harmening asked if anyone else wished to speak in favor of the proposed ordinance. Janet Hall, 700 N, E. 1st Avenue, said she lived downtown. She told the Council she was confused and asked if there was ~ore than one ordinance that had passed, at least on first reading, affecting zoning height restrictions. Mayor Harmening said there was one that locks in the whole City at 45 feet. The ordinance was passed on first reading at the last City Council Meeting, which locks up the whole City, Mayor Harmening advised. - 6 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Janet Hall hoped the proposed ordinance would pass, Mayor Harmening said if anyone wished to speak in opposition to the proposed ordinance, they may do so at this time. Don Balmer, President of Sterling Village, wanted to speak on Ordinance 82-I~.~'~).~H~ asked if he should, come backtomorrow night, Mayor Harmening Only wanted to have the public hearing on p~o~ posed Ordinance 82-5, Mr. Balmer informed the Council that he was against proposed Ordinance No. 82-5 and he had a petition with 700 signatures from Sterling Village, which represents approximately One-half of the people there, In a matter of two days, Mr. Balmer said he could have 1,600 signatures in favor of Ordinance 82~t~.~),~so~.i~e has to come back with the petition tomorrow night, he will be happy to do so, Mr. Balmer asked when 82-1.~ would be voted on, Mayor Harmening replied it would be voted on second reading tomorrow night (January 19). Councilman deLong advised that if they vote on "C" (also known as 82-5) tonight, they would automatically cancel Out 82-1~(also known as "A"). Mr. Don Balmer, President of Sterling Village, presented the petition to the Council, and said Sterling Village was in favor of limiting the height to 45 feet. The signatures on the petition were not all of Sterling Village. With more time, there would be 100% participation from Sterling Village. Sterling Village is quite concerned because the area where heights would be allowed would affect Sterling Village, and that was why they were so concerned. Mayor Harmening agreed~that it would come very close. Mr. Balmer said they were in favor of keeping the limitations the way they are now, at 45 feet. Vice Mayor Trauger also signed the petition. Dan Uleck, Vice President of Boynton Leisurevill~ Community Association, representing the majority of 1,780 people in Leisure- ville, requested the Council to place in referendum on the March election ballot an ordinance zoning classification restrict- ing commercial, industrial, and residential build±ngs to a height of four stories and to a maximum of 45 feet in their entirety, Mr. Uleck had information that over 70% of the citizens of Boynton Beach were retired or semi-retired. He was sure the majority of them wanted the height restricted to 45 feet. Many people spent their money coming to Boynton Beach because of the restriction of no high rises and industry is limited. He said the people want a place where they can enjoy living, and he asked about the future of other people who are looking to come to Boynton B~each to retire. They do not ~ant to go to Miami or Pompano Beach. Mr. Uleck pointed out that the value of their homes will keep going up and not decrease but increase because it will be a retirement community. The City of Boynton MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Beach will be known as a retirement City~ Mr, Uleck excl~imed~ As Mr. Uleck recalled aH the last meeting ~last Tuesday, January 5, 1982), Councilmember Woolley said it would reduce taxes by having more industry and high rises. Mr. Uleck looked at~ Councilmember Woolley and remarked, "No way, sister!~'' He said he was in the building industry for forty years and never saw taxes go down yet. They go up all of the time. Councilman deLong added that when the tax base is increased, the base for service is also.increased, Mr. Uleck told Council- man deLong he had intended to bring that up. He further said when cities grow it means larger sewage disposal plants and filtration plants, deeper wells, more police, more firemen, more schools, and more roads. Mr, Uleck looked again at Councilmember Wootley and aSked, "How could the taxes go down, young lady?" There was a lot of laughter, cheers, and applause. Murray Collier, 330 N. E. 26th Avenue, heartily concurred with Mr. Uleck's comments. He had no petitions to offer but spoke to many people in Village Royale on the'Green. Mr. Collier said they were all in favor of the 45 foot limitation, as Well as the early closing of the bars. Mr. Collier informed the Council that people came here to try and enjoy the twilight years of their lives. Mr. Collier knew, if given the proper time and if a petition was needed, he could 'get the majority of the 880 families that live in Village Royale Green to sign. Mr. Collier again asked the Council to consider very carefully the 45 feet or four story limitation so Boynton Beach does not become another Fort Lauderdale, where he was happy to move away from. There was applause. Jacob Kasdin, 330 N. E. 26th Avenue, has lived here for seven years. Everyone he spoke to was very happy the building heights had been restricted to 45 feet. In the past six months, Mr. Kasdin noted that water has become very important, If high rises are put in, Mr. Kasdin said they will increase the amount of water that is to be drawn out of the ground. Mr, Kasd±n would not go along with any removal of %hat restriction. Mr. Kasdin read from the title of proposed Ordinance No. 82-5: "...THE EXISTING HEIGHT LIMITATI~ OF 45 FEET SHALL APPLY TO ALL ZONED DISTRICTS OF THE CITY EXCEPT THE DOWNTOWN COMMERCIAL AREA AND THE WESTERN COMMERCIAL AREA, WHICH IS COMPOSED OF LAND NOW WITH- IN THE CITY LIMITS . Mr. Kasdin remarked, "And this is the sticker:" "AND OTHER LANDS WHICH MAY BE ANNEXED INTO THE CITY AT A FUTURE DATE." MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Mr. Kasdin did not think the City wanted to be in a position where they want a water shortage because of too much construction. He stated he was against the ordinance. There was loud applause. Jim Warnke, 617 Lakeside Harbor Drive, informed the Council he has lived here for 26 years. He believed any amendment to the present height limitations on buildings in downtown Boynton Beach or any other area should be turned down. Mr. Warnke stated that proposed Ordinance 82-5 was not only completely vague but it opened the door to concrete canyons in three portions of the city. Mr. Warnke observed that Boynton Beach was one of the few communities in South Florida where residents can see the sun rise or set wlthout~a high rise blocking the view. Mr. Warnke was not against progress but he asked for carefully controlled growth. Mr. Warnke referred to an article in the Miami Herald stating a European firm purchased a shopping center on Boynton Road and Military Trail. He asked if the Council thought a European firm would care about height limitations. Mr. Warnke reminded the Council that future and present citizens will have to live with the decisions they make tonight. People applauded. Ruth Morsch, 1204 S. W. 22nd Avenue, wanted proposed Ordinance 82-5 explained to her, where it said, "TO PROVIDE THAT THE EXIST- ING HEIGHT LIMITATION OF 45 FEET SHALL APPLY TO ~LL ZONED DISTRICTS OF THE CITY EXCEPT THE DOWNTOWN COmmERCIAL AREA AND THE WESTERN COMMERCIAL AREA". She asked where the western commercial~ area is and its boundaries. Mayor Harmening answered from 2nd Avenue North is the south boundary. The west side of Congress Avenue north to the Boynton Canal and west, approximately 3,000 feet to Javit Roa~ is the western boundary. Councilman deLong interrupted to tell Ms. Morsch to read the ordinance carefully. He told her that page 2 was very misleading, He referred to five lines up from the bottom, in the first para- graph, and read: "That part of the Downtown and Western cc~mercial and ~dustrial z. ones within the corporate limits of Boynton Beach will remain sub- ject to current code restrictions limiting height to 45 feet unless modified by ordinance in the future." Councilman deLong advised that this would open the gate good and wide because any commercial west of Seacrest Boulevard (or industrial) is subject to being modified according to the authority granted in that section. That was what Ms. Morsch wanted to bring out, because she felt most people were under the impression that the only high rises would go west of Congress. Once the ordinance is passed, Ms. Morsch said the high rises would go east of Congress as well. Ms. Morsch said the people are being lied to. The way the ordinance is worded, it is taking the people as if they do not have the brains to be able to understand it. Ms. Morsch said the people do understand it and do not want that kind of thing. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 MS. Morsch pointed out that the two people who spoke about build±ng on the DeBartolo lot bought the ground when the height was 45 feet. These men went ahead with their architects and drew a plan for a higher building. Now they say they are going to go ten to twelve stories high, Ms. Morsch said once the City lets the 45 foot limit go, they will find the plans will quickly change to 24, 25, 26, 30, and higher, and when they go that high, Ms. Morsch wondered how the Fire Department will reach the upper floors if there is a fire. Whether they are high rises for people to live in or high rises for people to work in, Ms. Morsch continued, they are still people and they still have to be rescued. The Boynton Beach Fire Department will never be able to go that high. New York City can't even reach people in high rises. If poor construction is put in, Ms. Morsch informed the CounCil, there will be nothing but a flue for fire to go right straight up the middle and trap everyone that is in the high rises. Ms. Morsch asked if Motorola was deciding to come to Boynton Beach with the 45 foot limits. Mr. Annunziato answered, "No". Mayor Harmening explained that Motorol.a~had been granted an exception by the Board of Adjustment. Councilman deLong clarified the statement by saying Motorola had been granted a variance. Ms. Morsch asked if Bethesda Hospital could also be granted a variance, if necessary. Councilman deLong answered that he<was at the Board of Adjustment meeting when the hospital appeared, and he believed they only required two additional feet. Ms~ Morsch questioned, how much higher Motorola would go. Mayor Harmening thought the exception~was to 66 feet. City Manager Cheney said it was 60 feet, but Motorola will possibly want to have their mechanized warehousing facility higher, They went to the Board of Adjustment and got 60 feet bUt have changed their plans, and they are not going to use a .mechanized warehousing facility, City Manager Cheney thought Motorola would probably stay at 45 feet, City Manager Cheney said Motorola's building had to sit so far back from Congress Avenue that it was much less visible than a building at the edge of Congress Avenue. City Manager Cheney advised that was part of the rationale at that time. Ms. Morsch commented that if Motorola can come in and build with- in the 45 foot limit and give jobs to people, she would say that any other industry or any commercial business could 'stay'within the 45 foot limit and still give work to people. Ms. Morsch asked why citizens had to be penalized with high rises so young people could have jobs. Ms. Morsch said the people who owned ground around Boynton were only interested in filling their pockets and then they would mo~e on to greener pastures. Ms. Morsch advised that the citizens were not going to move on, they were going to stay in Boynton Beach, so they want to keep it a green pasture. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18~ 1982 Ms. Morsch remarked that real estate salesmen would say that their biggest selling point in Boynton Beach is the fact that Boynton Beach has a 45 foot height limitation, That was why she and her husband came here. She came from Philadelphia and knows what it means to have high buildings all around so you cannot see the sun and be afraid to go out at night because of all of the shadows, Ms. Morsch wanted to keep Boynton Beach a lovely place. Ms. Morsch asked why the City only had to have proposed Ordinance 82-5 on the ballot. She asked wh~.~82~l.,~)~ could not also be on the ballot and give the people a choice for voting, Ms~ Morsch advised the citizens could understand two referendums and two item's in a referendum. If the City just puts the one proposed ordinance on the referendum, Ms. Morsch informed the Council that the people would unite and defeat proposed Ordinance 82-5 when it goes on the ballot and the City would be back to square one and have to start all over again. Ms. 'Morsch emphatically asked the Council to put both proposed ordinances on the ballot and let the people decide in their votes what they wanted Boynton Beach to become. She said she thought they would find it will stay at 45 feet. There was very loud applause. Harvey Oyes, who resides at 227 S. W, 15th Avenue, al~so known as Woolbright Road, and whose office is at 511 East Ocean Avenue, appeared before the Council. Mr. Oyer said he listened to the people talk, and they did not seem to know where they were because many of them were opposed to the principle of a referendum except on basic 'functional forms of government. It appeared to Mr. Oyer that this was an emotional issue being used as a political weapon, the evidence being that one of the candidates was speaking a minute ago, Mr. Oyer did not think the Council was dealing d±~rectty with the problems of the City by creating a Political Trojan horse by bringing it up. As far as the 45 feet in a designated commercial area or commercials to the west, Mr, Oyer thought the Council should have proper plans and set proper requirements, and that the 45 feet should not be etched in stone. Mr. Oyer suggested to some of the people concerned about the residential values to look at neighboring communities and they would see some of the problems they have. Mr. Oyer informed the audience that he has lived her.e all his life and has owned a home for close to twenty years, Councilman~deLong had served as ~ayor in the neighboring community, They enacted various planning ordinances and codes and are finding some problems that were created by human beings. Boca Raton is now spending $100,000.00 for a study to try to overcome the economic obsolescence Of their down- town, Mr. Oyer advised that the areas to the west are growing, and there is not much undeveloped land in the City. If the City mandates that every building has to be 100feet high, you could not block off - ll - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18~ 1R82 the light because there is not that much undeveloped property, What the Council is talking about, Mr, Oyes continued, is the image of this community, the dynamics of its business and the western development. The people to the west do not have to.be annexed to the City of Boynton Beach. They can ~set higher den'sity .limits, and soon the City will have a decayed area in which the residents will be the chief sufferers in market values and desirability, The country is facing an economic recession today brought on by the decline of American automobile sales and foreign imports. Mr. Oyes further advised that the City can run out the business development from this town, and it will go somewhere else, and the people who screamed the longest and the loudest against.a reason- able growth of this town will be the ultimate losers, There were both boos and applause. Councilman d~Long informed the audience that when he left Boca Raton 17 years ago, the City was in A #1 order. Vice Mayor Trauger told Mr. Oyer he counted 16 ~acant lots along U. S. ~.and three on 2nd, and nine empty build~,.~ndth, ree empty stores in Mr. Oyer's beautiful arcade. Vice Mayor Traugher felt the City still has plenty of space to expand. Mr. Oyer retorted that he said if you took ~every vacant lot and built buildings at a minimum of 100 feet high, you would not block out the light or landscape of people. The bulk of the development in this area will be west of town. There are only a few tracts of land in the city that are undeveloped, and they are primarily in residential areas that would not be foreseeable to have multi-story high rises. Mr, Oyer admitted he had some vacancies and said he would continue to have them as long as there is a City government that is restrictive so that a property owner cannot utilize his property within reason. Mr. Oyer gave an illustration of where he swapped so~e land, received money, and hired a sign contractor to touch up a sign. The sign contracto~ called the Building Department and they told him to go ahead. The next morning, Mr. ~Oyer was told the contractor could not go ahsad, Mr. Oyer said the City has restrictions to where property cannot be maintained or enhanced. He stated that this was the type of government that has caused the areas to go downhill. Mr. Oyer sa~d the people are~asking for a progressive government that will allow the free enterprise system to function and thus let property owners have a say in it. Mr. Oyer told the Council they were trying to impose political solutions on the people. Joseph Aranow, 2520 N. E. 1st Court, Village Royale on the Green, thought he might not be able to speak as he is blind. His interest was that of a unit owner and a resident of Boynton Beach for about eight or nine years. 95% of the people in Villag~ Royale came to Boynton Beach to retire and live in what they thought was a nice quiet home community, where they could forget the crime of up north, and come and live. - 1-2 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 In representing approximately 1,500 unit owners of Village Royale on the Green, Mr. Aranow came in contact with the City Council; Bud Howell, Building Official; and Tereesa Padgett, City Clerk, who he would be sorry to lose, They have all bee~kind and help- ful to him. Mr. Aranow did some research and found out from Bud Howell this morning (iJanuary 18) that within a period of five to seven years, within a radius of seven miles, Boynton. Beach is going to have a population of over 250,000 residential sites. Mr. Aranow heard one speaker speak on the question of the water supply and one on the question of the Fire Department. Mr. Aranow asked Bud Howell to check with the Fire Department to determine whether the City had any apparatus that would be sufficient to cover a fire of 45 feet or more. The City does not have such a thing. The cost of an apparatus for that would run over a quarter of a million dollars. Mr. Aranow reminded the Council that there are thouSands of people who came to Boynton Beach with the understanding that they were buying into a city where the height was 45 feet and no more. Mr~ Aranow thought the proposed ordinances w.ere complicated. He suggested that if the ordinance read that the height in Boynton Beach is now at 45 feet and no more, and we now propose to make a change, it would be a lot clearer to the people who want to speak. Mr. Aranow said then the people would not come and speak in favor of something they are opposed to. Mr, Aranow wants the City to remain as he found it, a nice, peacefnl, loving city. If Motorola can come down here and stay within the 45 foot height and'buil~ a building sufficient to house at least 1,500 employees %hat will be hired within the next year or so, and maybe 5,000 within the next two or three years, the population is going to grow. Mr. Aranow did not think these problems should be thrown on the people who came down here~ He felt the people were entitled to a little peace and quiet. Robert Hill, Assistant Administrator, Be%hesda Memorial-Hospital, asked if the Board of Adjustment would still be able to grant height variances above the 45 foot limit Outside of, and not counting mechanical appurtenances, City Attorney Vance replied that assuming they could justify the variance, Mr. Vance read the definition of a variance from the Code: "Assuming you can justify a variance, a variance can be granted regardless of the adoption of the Code." Mr. Hill asked if he meant by the Board of Adjustment and not through another referendum. Mr. Vance answered, "Yes sir." Councilman deLong informed Mr. Hill that he advised him of that over the phone. Mr. Hill replied that he was advised by others exactly the opposite. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Bob Foot, 2400 S. W. 1st Street, spoke'individually and for some of the members of the Chamber of Commerce Board ~of Directors and also some of the members of the Chamber of Commerce. Mr. Foot was for a 45 foot height restriction in the resident±al properties of the community. Mr. Foot was also for the 45 foot height limitation in certain commercial-properties. Mr. Foot-stated he was for proposed Ordinance 82-5 as a Council Ordinance and not as a referendum' ordinance. Mrs. Foot was against a referendum on it. He advised that it was now an ordinance that everyone could live with, and he was sure electors in the city would continue to vote Council persons into office in the future who would continue ~o respect the thought the Councils had in the ~past on the Ordinance and others, Mr. Foot thought the Council could work~ to bring in, under the Council's control, DeBartolo's~Mall befOre they have a chance to do something the City will regret. Mr. Foot did not believe the Council wished to place it in the hands of the electors, which would delay things. Also, Mr. Foot thought perhaps a lot may have to be done in the area which the City would annex. Mr. Foot told the Council they had been elected and should continue to serve the community, and he thought it was time they acted and lived with the ordinance that~they, themselves, had brought into effect. Some applause followed Mr. Foot's discussion. Mr. Arthur Berman, 2620 N. E. 1st Court, was becoming confused. He asked ±f the proposed ordinance was defeated and the City stays with the 45 foot limit, how could the Board of Adjustment go over the run of the peopt~e and add on 5, 10, 50 or 100 feet. He could not understand that. Mr, Berman asked if the will of the people was to keep the City at a 45 foot limit, where did the Board of Adjustment get the right to upset the will of the people, He requested an answer. Mayor Harmening asked City Manager Cheney if he wished to respond. City Attorney Vance replied that every community with which he was familiar had a procedure providing relief from zoning codes in the event certain items are shown, and that was the type of variance that was being discussed. Mr. Berman asked Mr. Vance if that was his answer. Mr. Berman came from Bloomfield, Connecticut and was aware there are adjustments but here is a spec±fic ordinance and will of the people limiting the height to 45 feet, Mr. Berman emphatically said, "That should be it PERIOD~ That should limit the Board of Adjustment from raising what the will of the people is." Mr. Berman could understand a sl±ghti adjustment of changing a residential to business but he could nolt understand the definite will of the people being changed by a Board of four or five people. City Manager Cheney felt the issue was that one of the conditions that City Attorney Vance referred to was that you have to meet certain conditions. Mr. Cheney said one of the~conditions on a var~cis it has to be a s±tuat±on to relieve that particular piece of property. It cannot be of economic natur~ though some Boards grant variances on the bas~s of hardship. Legally, Mr. Cheney informed Mr. Berma~ the question the Board is faced with is if there is a problem unique to that piece of. property. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Therefore, Mr. Cheney continued, that person could not use his property. Then the problem would be established, because it would be unique to his property. Then a variance would be granted. Mr. Cheney said Mr. Berman's question may be, what would be unique to a piece that would cause it to go 45 feet, Mr. Cheney further advised that church steeples, water towers and mechanical equip- ment are specifiCally allowed in the existing code, To go beyond 45 feet, Mr. Cheney reiterated, it would have to be something unique. Mr. Berman concluded that it would be feasible for some big developer to come in, buy a piece of property knowing the will of the people is only 45 feet, get'to the Board of Adjustment and go 90 feet, Mr, Cheney did not think so, because he did not think the developer could show that that particular type of variance would be unique to that piece of property-, Mr. Berman remarked that they know, buy±ng the property, that they are limited to 45 feet and, if they i~tend to go more, there is s~mething wrong there, Mr, Berman still did not understand. Harry Stein, 760 East Ocean Avenue, did not want to make any comments pro or con. He could not tell from the statements made who~was speaking for or against. There were some boos from the audience. It seemed to Mr. Stein that when people were called to speak in behalf of the ordinance, they were really speaking against it and vice versa, Mr. Stein's point was that when people vote on some- thing, they should be reasonably certain of what they are voting for or against. He thought it was very evident that the people really were not sure tonight. Mr. Stein asked Attorney Vance what would be wrong legally in placing both of the ordinances on referendun. In that manner, the Council would have a true reflection of what the. people in the town really want. Councilman deLong asked what if it would be unanimous on both of them. Mr. Stein did not think so, as one proposed ordinance had an exception and the other had no exception. Mr. Stein said the people would certainly know what they were voting for if both proposed ordinances would be passed. City Attorney Vance informed Mr. Stein there was a Section 5 in both ordinances, and he read as follows: "Section 5. This Ordinance shall bec~ne effective ten (10) days after said ordinance has been passed by a majority of the quali- fied electors of the City voting in the referendum election." With that language, City Attorney Vance advised they could put both ordinances on referendum. Mr. Vance said it was remotely possible there would be a tie. ~Mr. Vance added that it was also remotely possible that both could be approved. Mr. Stein said they would then find the will of the majority if it were handled that way. Councilman deLong moved to place both ordinances o~ referendum if it would be appropriate. City A~torney Vance thought the - 15 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 appropriate method would be to pass each ordinance on its own, thus arriving at the end with two approved ordinances rather than doing a motion to place them both on the referendum. However, if both ordinances pass, City Attorney Vance did not know what the situation would be. Councilman deLong asked if ordinance "C" (82-5) was passed, would it cancel out ordinance "A". City Attorney Vance replied it would not. Councilman deLong said that was the under- standing they had all along, and now it is switched. MaYor Harmening sa-id it was not the understanding they had all along. It may have been Councilman deLong's understanding but it was not his understanding. City Attorney Vance advised that in order to meet the time requirements for holding a referendum, they were having the first reading on Ordinance 82-5 tonight (January 18, 1982). They previously had first reading on Ordinance 82-1 at the Last regular session. If the Council approves Ordinance 82-5 at this meeting, they are only approving it on first reading. It will then have to be scheduled for final reading and adoption on January 29, 1982. If approved tonight, Ordinance 82-5 (a/k/a as Ordinance C) would only have been approved on first reading. Tomorrow night (January 19, 1982~ Ordinance 82-1 will come up for second reading. If the Council adopts that ordinance, they will have adopted 82-1. They will still have a second reading on 82-5 down the road on the 29th. Conceivably, City Attorney Vance continued, both ordinances could be approved. Councilman deLong could not understand Why a motion would be out of order. City Attorney Vance explained it would because the only way ordinances of this type could be put on~ the ballot would be by actually adOpting the ordinances. He told Councilman deLong the Council would actually have to adopt the ordinance itself in order to get it on the ballot. City Attorney Vance repeated that at the last regular meeting, the Council adopted Ordinance 82-1 on first reading. That ordinance will come up for second reading tomorrow night (January 19). It has not been adopted as of yet. It 'has only been passed on first reading. Mr. Stein asked why they could not vote on it tonight. City Attorney Vance answered because it was scheduled and advertised in the newspaper for tomorrow night (January 19). Conncilman deLong said if tomorrow night a major.ity of the Council decides not to approve on second reading Ordinance 82~1 (Ordinance A), it would be dead. That was not what was proposed. Councilman deLong pointed out that what was proposed was to put both ordinances on referendum and give the people the choice of either one. Now it would be killed before the proposal is accepted. City ~ttorney Vance disagreed. He advised that if the Council approves Ordinance .82-5 tonight, it will only have been approved on first reading. Councilman deLong interjected that tomorrow night MINUTES - SPECIAL ~OUNCIL MEETING JANUARY 18, 1982 there will be a ~second reading for Ordinance 82-1 (Ordinance A), If Ordinance A (82-1) is defeated tomorrow night~(January 19)~, it will not go on the ballot. City Attorney Vance and Mayor Harmening informed him that was correct, Councilman deLong observed that they would not get the wish that was asked for. Councilman Wright did not hear everyone asking for both. There were shouts from the audience. City Attorney Vance added that if Ordinance 82-'1 ("A") is adopted tomorrow night (.January 19), that definitely would be on the ballot. The question then would'remain as to whether they should proceed to adopt Ordinance 82-5 (."C") on the 29th. Councilman deLong noted that if Ordinance 82-1 ("A") does not pass tomorrow night, the gentleman that made the proposal .that both of them be placed on the ballot will not see it take place. City Attorney Vance said the Council had to decide what it wanted for second and final reading. Vice Mayor Trauger told City Attorney Vance they could not get all of the people to come tonight and come back tomorrow night to voice their opinions again, as they expr'essed tonight. He thought the Council had heard very well ~what the people were talking about, City Attorney Vance pointed out that Ordinance 82-1 ("A") has been advertised for the regular meeting tomorrow night, and Council cannot take action on it tonight. Councilman deLong said what he was talking about was cutting it off at the pass tomorrow night by being voted down, then the people would not get an opportunity to vote on it by referendum. It was suggested by the gentleman from Coastal Towers to put both of them on referendum, Councilman deLong commented, ~t~t~6rney~va'n~c~ reiterated that the Council could pass both of them and to meet the time schedule, they wou~ld.have to pass both of them. Councilman deLong submitted the following: "During the past ten years, members of the City Councils, Planning and Zoning Boards, City Planners (of which we ha~e two) and Boards of'AdjUstments have devoted untold hours in their sincere eni~ea~vors to laY'the guiding of the destiny of our city i~ order to design a city th present and future reside~ by those who have resided of ten years will be suff accomplishments that have Now many of our residents definitely opposed to the being changed in any zoni~ that any change will open canyons, and asphalt jung ~ the most prudent manner in ~t would be beneficial for all ~ts. ~ survey of our city today here prior to the performance .cient proof to them of the transpired. are disturbed and are present height limitations ~g classifiCation. People fear the door for honky-tonks, concrete [es. As a resident of Florida for the past 32 years, I must agree there i~ a possibility, as I have witnessed many strange, and questionable zoning practices during that period of time. I believe the people placed their MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 confidence in me when I was elected to City Council. Therefore, I shall always support what they, the people, consider to be their best interests, and I shall always abide by the will of the people. Respectfully submitted, Councilman Joe deLong" There was extremely loud applause. Vice Mayor Trauger called the Council's attention to an ordinance just passed in Delray Beach]~iini%iing their height exceptions in all Should be commercial areas to twelve stories,* 45 feet, and he presented an f~ ordinance. st~ies. See 2/2/82 Councilman deLong asked about ~his motion on the floor to put both Minutes. ordinances to referendum. Vice Mayor Trauger seconded the motion but said they were baCked out by talking to City Attorney Vance. Mr. Vance again repeated that the Council could only vote on Ordinance 82-5 tonight. He said they could not vote on 82-1 until it is heard tomorrow night because it was advertised for January 19, 1982. Mayor Harmening asked Mr. Vance if he was say- ing the motion was out of order at this time but would be in order tomorrow night, City Attorney Vance answered that assuming the Council continues the hearing on this ordinance (82-5) tomorrow night and brought them both up at the same time, the Council would still have to have individual votes on the ordinances, but they would be approving one ~ordinance on second and final reading. That would be Ordinance 82-1 ("A"). This ordinance would only be approved on first reading, Councilman deLong asked if they adjourned until tomorrow night, would they still have the period of time necessary in order for the ordinance to clear. City Attorney Vance replied that the statute says approximately two weeks. This is the 18th, so they are now running eleven days. City Attorney Vance could say eleven days is approximately two weeks with a very straight face. How- ever, City Attorney Vance again told the Council they could not consider the ordinance (82~5) on second reading until the scheduled time of the 29th. City Attorney Vance reiterated that there was no way the Council could adopt the ordinance prior to the 29th of January on second and final reading. Councilman Wright asked if they could vote them for referendum at that time. Vice Mayor Trauger asked if both of the ordinances could be put off for referendum. He understood the people to want it passed on Ordinance 82-1, although there were some argu- ments on Ordinance 82-5. Then there were proposals that the Council place both ordinances on referendum and the voter's will make a choice a/ to either one or of the two referendums, Vice Mayor Trauger wanted that locked down so the Council would not for themselves out of one position or the other. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Vice Mayor Trauger stated that was what he was trying to lock down nOW. Councilman deLong thought the verbage in the ordinance would have to be changed,' It should be a yes or no or.dinance, Councilman deLong advised. City Atto~/~e~V~ce~thoug~ht~.-also~he should ~hangelthe ~erbage, as the statute requires that it be a yes or no ordinance. City Attorney VanCe told the Council they could express themselves individually to the citizens present tonight on their desires regarding the ordinances, if they so wished. Councilman deLong asked Vice Mayor Trauger to withdraw~his second, and then he would withdraw his motion, and he would move to table Ordinance No. 82-5 ("C") tonight until-tomorrow night (JanUary 19). Vice Mayor Trauger seconded the motion. City Attorney Vance told Councilman deLong he could continue the ordinance (82-5, also known as Ordinance C) until tomorrow night as it was assumed that everyone was interested in the ordinance, read the advertisement, w~s ~here'to night, 'and if it is continued in their presence, it is appropriate. City Attorney Vance said the time would be cut a little bit from eleven days to ten days. Councilman deLong repeated his motion to lay the-question on the table. Vice Mayor Trauger seconded the motion again. City Attorney Vance stated that he just told the Council the statute says approximately two weeks. He said he could argue that eleven days is approximately two weeks without any problem. According to parlimentary procedure, Councilman deLong informed the Council, you could lay it on the table for a specific length of time, and Councilman deLong said his motion would be to lay it on the table until the regular Council meeting tomorrow evening (January 19). Vice Mayor Trauger repeated his second. Mrs. Padgett took a roll call vote on the motion, as follows: Councilman deLong - Aye Councilmember Woolley - No Mayor Harmening - No Councilman Wright - No Vice Mayor Trauger - Yes The motion lost 3-2. CoUncilman Wright informed everyone that he was not in favor of placing the ordinance in referendum. Councilman Wright~was still unsure of the rationale of what was being done, Councilman Wright said this ordinance was the one he would probably vote~in favor of in lieu of proposed Ordinance 82-1 (a/k/~ "A") which was passed on first reading only last week. It seemed to Councilman Wright that the City may still have difficulty with Bethesda Hospital. Council- man Wright was not sure that was what the citizens of Boynton Beach actually wanted. With the way the population in Boynton MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Beach is growing and the number of senior citizens, Councilman Wright felt there would be a desire in the future to provide some space for the people in the city. Councilman Wright noted that there may be a time when he.might have to use Bethesda Hospital and, as Arthur Berman said and Mr'. Hill questioned, Councilman Wright was not sure the hospital could g~ before the Board of Adjustment. If the ordinance is put to referendum for the height limitation of 45 feet, Councilman Wright thought the City would be complicating matters, and he was really not in favor of voting for Ordinance~ 82-5~("C'') unless~he could see some excePtions for hospital.· the Mayor Harmening asked City-AttQrney Vance why they could not incorporate it into paragraph ~I.· City Attorney Vance had some suggested language which might handle the hospital's situation and inserted some words in par~ 82-5 ("C), Section 1, 4F. HEIG} paragraph 2 on page 3 of said read as follows: "2. Water, cooling and f vision towers of commerci~ domes, cupolas, flagpoles Lgraph 2. Proposed~Ordinance No, IT LIMITATIONS AND EXCEPTIONS, ~roposed ordinance was changed to .re towers, radio and tele- .1 nature, church spires, electrical and mechanical support systems, may be e~ected within the structure or on top of the structur~ above She distr£ct' height limitations provided here%n, after-obtaining aPproval of the city council based~on their consideration of the standards for evaluating exceptions to district height regulations set fo City Attorney Vance advised th for example, to put the~mechanJ that they need in the ceiling, c structure of the hospital itse] that would apply equally to pr( Attorney Vance replied, "Yes st be added tomorrow~night," Cou] out what the people wanted so t what the people desired. Coun¢ on page 2, where they were oper west of Seacrest Avenue, said they were not~.~pening up 'th in Paragraph 3 below." .t this would permit the-hospital, cal and electrical support systems .f the various floors within the f. Vice Mayor Trauger asked if .posed Ordinance 82.-1. City r, and I would suggest that that .cilman deLong was trying to find .hay could put into the ordinance ilman deLong thought She paragraph ing up all of the industrial areas be changed. City Attorney Vance of the industrial areas. Councilman read from page 2: "That part of%heDowntownand zones within the corporate co~nercial and industrial of Boynton Beach . " City Attorney Vance explained because proposed Ordinance 82- time, if approved by the the corporate limits of the ci~ that the City could not zone Coun~ilmk~deLong was premature for it~ ~6 be in~ councilman deLong continued t that paragraph was in there "C") could only affect, at this s, that part of the land within City Attorney Vance advised s that are still in the County. t, and that was why he thought it in".this particulam',~O~dinance. : MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 .. , . W 11 remain sub3ect to current code restrzctions l~miting height to~ 45 feet unless modified by ordinance in the future." City Attorney Vance replied that at the present time, in alt the overall type of limitations in the Zoning Code of Boynton Beach in Section 4F, it applies to everything in the City. Attorney Vance advised that this was the section of the Code that is being presented to the citizens for a decision by referendum. In addition, Attorney Vance continued, the City, in an excess of caution, has seen fit to ~ls0 incl~d~n~the.-'z~in~ ~a~egO~eS- ~of~'~e'Citya~5foot limit~tion. Even if the referendum is passed, Attorney Vance further a, a 45 foot height limitat Attorney Vance said that not there to mislead any. that even though you mod. limitation, there will s' Z.oning Code', in Ordinanc, every zone in the City, industrial. City Attorn, statement which ~as requ: lvised, it will still, by ordinance, be [on on each zone within the City. City was why the paragraph was there. It was )ne. Attorney Vance said it simply states [fY Section 4F, which is an overall height :ill be existing on the books, in the ) form, a 45 foot height limitation on )oth residential, commercial, and ~y Vance said this was an explanatory ired by the statute. That was all it was. Councilman deLong then referred to page 4 of proposed Ordinance 82-5 (a/k/a "C") and read paragraph "i", as follows: "i. The cit~ council may, in connection with processing of application for .~exception hereunder, refer same to the planning and zoning board for reconlmendation." Councilman deLon~ asked ~hat they were doing and remarked they were by-passing the Planning and Zoning Board and leaving the problem within the province of rite City Council without any recommendation of the Planning and Zoni~ word "may" should be cha~ explained that he attemp~ make it simple. He said ~g Board. Councilman deLong thought the ~ged to "shall". City Attorney Vance ~ed to keep the changes to the minimum to that was the precise wording that exists in the Code right now. [ayor Harmening referred Councilman deLong to Section .1, 4F , "Western Commercial Area", which read, "See Attached Exhibit 'BI." ".Mayor Harmeninq informed CoUncilman deLong that the attached Exhibit B limits th~ western area to the so-called DeBartolo property plus that portion to the south between Old Boynton Road and New Boynton Road. Mayor Harmening said it would be hard to/get around the map, which was incorporated into and made a part of the ordinance. Councilman deLong could foresee that it,would be defeated, and the City would be right back .to where t~ey were before, Council- man Wright remarked, "Well, that's good." Mayor~ Harme~ing said that was something the people should perceive very carefully because the whole purpose of. putting it to referendum was'to keep possible future ~ Councilq from simply'just throwing the 'lid off of totally everywhere, which they could do-Very quickl~y. Council- man deLong observed that the..'lid~s on.everywhere n.ow, ~so why-not leave it there. Mayor Harmening said the lid is on now, but it needs to be changed very quickly by the City Council. Whether the - 21 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 whole City is a blanket or the proposed ordinance tonight (82-5), which is the whole city with the exception of two small parcels - one in the old downtown section and one out' west of Congress, those would be the only areas in the city which could exceed the 45 foot height limit. If it does not pass and people perceive it to be undesirable, Mayor Harmening pointed out that it was very possible that it could be changed to anywhere in the city in the future. Councilman deLong thought it did not place any height reStrictions whatsoever and remarked, "The sky's the limit~" Vice Mayor Trauger commented that this was the very point he tried to make when bringing the item to referendum. Vice Mayor Trauge~, in talking to many people, believed the vast majority of people came to Boynton Beach because of the low rise and low density. ViCe Mayor Trauger said the Chamber of Commerce was saying he was attempting to duck his responsibility. He said 'he was not ducking his responsibilities. He was trying to measure the voice of the people. Vice Mayor Trauger said people say why bring the issue up and make it political; it was nice and quiet until you people came forward and stirred it up, The very point of it is, Vice Mayor Trauger continued, that he sat there since 1970 listening %o the Chamber of Commerce and people wanting to fix up downtown Boynton Beach and has yet to see any plans- for i% yet, Last week when it came up, Vice Mayor Trauger noted that no one knew of any plan for any high rise. Tonight two different developers spoke of high rises'in the very area. Vice Mayor Trauger did not think they sneaked into the Chamber of Commerce's knowledge, nor to the City's knowledge in the last 24 hours. Someone must have known about them. Vice Mayor Trauger asked why they did not come forward and state it then. There was a lot of applause. Vice Mayor Trauger said his point was that once you-make an exception, where do you stop. Vice Mayor Trauger referred to a telephone conversation he had with the Mayor's office in Alexandria, Virginia on the point of exception. They too had a low rise, low limitation. The City Council made one exception fOr one building called Southern Towers. Southern Towers went up eleven stories. In the next two years, the City Council received repeatedly requests from 14 other developer's based on that one exception, and there are now 14 high rises in that area. Vice Mayor Trauger said potentially, it is the principle. Once you make the exception, the exception is picked up by developers who ask, "Why not I?", and they get in on this. Vice Mayor Trauger pointed out that Boynton Beach has not had a high rise problem yet, but he would like the Chamber of Commerce to at least wash the City's face down town and comb the City's hair to have something going in the area of a forward plan. Vice Mayor Trauger wanted to put it to referendum so the people could be heard. Vice Mayor Trauger said they heard from the Chamber of Commerce the other night that all realty people were in favor of this. The Board met on January 5, and twelve members on the Board of Realtors voted without hardly any discussion. Vice Mayor Trauger advised 148 realtors were not polled for an opinion. Many realtors called Vice Mayor Trauger and told him their biggest sell- ing point in Boynton Beach was that ~.Oynton has low rise and low density. - 22 - MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Vice Mayor Trauger also called the Ci,ty of Plantation, where the Motorola plant is. At no time since Motorola has-~besntherehave~heir taxes been reduced to the individual tax payer. They have gone up each.year, so to say that it will ~e a great tax savings, Vice Mayor Trauger believed was wishful thinking. Delray~Beach and Fort Pierce just passed ordinances to hold the 45 feet or four stories. Vice Mayor Trauge~ urged the people to let their message be known to the C~uncil. Vice Mayor ~raUger said he owned no property in that~ area so he had no axe t~ grind.~ He and his wife do not hold real estate licenSes, so the~ have no advantage. Vice Mayor Trauger told the audience tha~ he was elected on low rise and low density, and that was what he intended to stand on for them. The people applauded. It was Councilman Wright's understanding that if anyone desires to build in the City, they would have to bring their plans through the Planning and Zoning Board and come b~fore the Council, so he did not want the people to think (if proposed Ordinance 82~5 .passes) that the Council would say they would want 27 stories in Boynton Beach. Council.man Wright did not think anyone was saying that. Councilman deLong remarked that the Council may not be here. There is already a 45 foot limitation, and Councilman Wright felH it was sufficient as is without taking i~ to referendum. Council- man wright noticed that Vice Mayor Trauger ~alluded that the 45 foot limitation was passed in DelraY Beach~ but he did not say it did not go to referendum. Councilman Wright still did not know why the present Council was feeling the way ~t did about fuHure Councils. Councilman Wright expressed, ~It upsets me." He felt the City had a very capable Cha~beH of C~mmerce which'has done tremendously well here in the City. He felt that was why we had such a beautiful Boynt0n Beach and did not feel they should be slapped in the face. Councilman Wright felt Ordinance 82-5 (also known as Ordinance C) was the lesser of ~he two ~evils. Councilman Wright also pointed °ut that all of the Council may not be aspiring to be lifelong politicians so they should do what is best for the City of Boynton Beach. He stated he was a taxpayer, born in this City, and his family has had roots in the City for years. Councilman Wright said he would definitely, like to see what is best for Boynton Beach. Councilman Wright moved to adopt propQsed Ordinance No. 82~5 (a/k/a Ordinance C) on first reading. The motipn was seconded by Council- member Woolley. Councilman deLong calle~ attention to the changes that had been made in the ordinance. Ci~y Attorney Vance added, -"with the language change in paragraph 2, which has been read into the record." Councilman Wright agreed.with the addition. As he said before, CounCilman Wrigh~ repeated %hat he did not think the City needed any of the proposed'ordinances and if it gets to referendum, he will vote it down. Councilman deL0ng gave credit to City Planner Carmen Annunziato and the Planning and Zoning Board for the guidance they have given. Mrs. Padgett took a roll ~call vote on the~ motion, as follows~ MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 Councilman Wright - Aye Vice Mayor Trauger - No Mayor Harmening - Aye Councilmember Woolley - Aye Councilman deLong - No The motion carried 3-2. Councilman deLong advised that they had an opportunity to still reconSider. Councilman deLong wished to have the proposed 0rdinance reconsidered with the notation that both proposed ordinances be put on the ballot. Mayor Harmening stated it was his intention tomorrow night, when proposed Ordinance 82-1 (also known as Ordinance A) comes up, to have the public hearing and then continue it as a public hearing and not vote on it, and then vote it on the 29th. Councilmember deLong asked if it would be tabled'tomorrow night. Mayor Harmening answered that it would be brought up-and adver- tised for public hearing. They will have to hold the public hear- ing and then it would be continued. Ordinance - First Reading Proposed Ordinance No. 82-6 City Attorney Vance read proposed Ordinance No. 82-6 calling-the election for.the proposed beach bond fox tion of the beach in full. A copy of sa hereby attached and made a part hereof. Councilman deLong moved the adoption of 82-6 on first .reading. Councilman Wrigh Nick Cassandra, 2554 'S. W. 10th Court, a pay this. Mr. Cassandra made a proposal assessments. Mr. Cassandra researched a 17,631 taxable parcels were in Boynton B flat rate of $6,00, t'hat would give the Cassandra advised. Over a twenty year p $2,115,720.00, which would be more than beach bond. What makes it the right way continued, is that it is fair since it m of Boynton Beach pay their equal share i the beach. Mr. Cassandra said the rate of cigarette a month and less than 50¢ a grown, so there would be more taxable pa The taxable parcels have many units on t For example, condominiums may have more Cassandra suggested water meters for evel the beach tax. I't could be collected mol Cassandra said a discount could even be early. It would give the City the mone~ restoration and construc- id proposed Ordinance is proposed Ordinance No. t seconded the motion. sked how the City would to go to flat rate nd~found.that last year each. Multiply that by a 2ity $105,000 plus, Mr. ariod, that would give snough to pay for the to go, Mr. Cassandra ~kes all of the citizens n the beautification of ~ould be less than a pac~ month. The City has ~cels. ~em, Mr. Cassandra advised. khan one unit. Mr. ~y building be charged for or annually. Mr. iven if the bill is paid~ the interest. They MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 could use the money to improve the beach. If the City is going to spend this much money to restore the beach, Mr. Cassandra said he would hate to see it deteriorate in five years. Mr. Cassandra said the money.could be used to prepay the bond issue, and~to:~tower the assessment every five years. Also, the tax roll will increase .and those people coming in will pay their share of the beach restoration. The City will have the advantage of having the money. They will get it from the water, Mr. Cassandra continued. The private homes have a meter and an account number. Multi-plexes have a meter and many units. Mr. Cassandra ~heard many people say they were in favor of the beach restoration, so he also hoped ~that they were in favor of everyone paying their share of the beautification of the beach at a cost of less than $6.00 a year. Mr. Cassandra asked the Council to write into the referendum the method of flat rate assessment to pay the bond issue, which would make all of the citizens pay an equal share. City Attorney Vance advised no such thing was authorized by the Statutes of the State of Florida. Mr. Cassandra retorted, "You"re off. Flat rate assessments~" City Attorney Vance replied that was correct for specific specified improvements that require rather elaborate assessment procedures in which you have to prove benefits to each individual property owner. Mr. Vance gave side- walks as an example, and said you could assess to each home that would be using the sidewalks. For something like a beach bond with citizens living five miles from the beach, Mr.-Vance did not think it would be very valuable. Mr. Cassandra asked if "don't think" mean~ legally, the City could not have a flat rate assess- ment. In this situation, City Attorney Vance thought it would be an absolute nightmare to try to prove a speCific benefit to every property owner living within the City. Mr. Cassandra referred to City Manager Cheney increasing the sewage and garbage rates by charging the private homes $1.50 and other dwellings another rate. By that increase, he collected over $400,000.00. Mr. Vance told Mr. Cassandra there are specific procedUres you have to follow in order to do an assessment on improve- ments in the City. The increase of a garbage rate is simply the increase of a rate for services rendered. As much as Mayor Harmening agreed with Mr. Cassandra, he was sure Attorney Vance was correct. Mr. Padgett took a roll call vote on Mr. deLong's motion to adopt proposed Ordinance No. 82-6 on first reading: Councilman deLong - Aye Councilmember Woolley - Aye Vice Mayor Trauger - Aye Mayor Harmening - Aye Councilman Wright - Aye Motion carried 5-0. MINUTES - SPECIAL COUNCIL MEETING JANUARY 18, 1982 ADJOURNMENT Councilman deLong moved, seconded by Councilmember Woolley, to adjourn. The motion carried 5-0, and the meeting was properly adjourned at 9:45 P. M. ATTEST: CITY O~F BOyNTO~ BEACH Councilmember / ~~~City Clerk ~ (Three ~es) Recording S/~retary ORDINANCE NO. 82-6 AN ORDINANCE OF THE CITY C~UNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN CONJUNCTION WITH THE REGULAR MUNICIPAL ELECTION IN THE CITY OF BOYNTO~ BEACH ON MARCH 2, 1982, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT I[~EDIATELY UPON ITS ADOPTION. WHEREAS, on January lg, 1982, the City Council of the C'ity of Boynton Beach duly passed and adopted an ordinance author- lilting ~he issuance, subject to an election called %o be held on March 2, 1982 in conjunction with the regular municipal election to be heid on such date, of bonds of the City of Boynton Beach; and WHEREAS, it is necessary for the City Council to pre- scribe immediately the method and manner of holding said election and provide for notice thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Notice of said election shall be published in the Palm Beach Post, a newspaper Published and of general circulation in the City of Boynton Beach, a~ least three times, once in the fifth week, once in the third week and once in the second week prior to the week in which the election is.~to be held, the date of first publication in said newspaper to be at least thirty (30) days before said election, which notice shall be substantially in the following form: NOTICE OF SPECIAL BOND ELECTION ~ ~ to be held on Tuesday, March 2, 1982 CITY OF BOYNTON BEACH, FLORIDA As provided by an ordinance duly passed and adopted by the City Council of the City of Boynton Beach on January 29, 1982, a special bond election will be held on Tuesday, ~4arch 2, 1982 for the purpose of submitt~n~3 to the qualified electors of the City of Boyn~on Beach, Flor%da, the following question: -1- Shall bonds of the City of Boynton Beach, Florida~ in an aggregate principal amount not exceeding $1,750,000 be issued for the purpose of providing,~ funds, together with any other available funds, for paying the cost of developing recreational and municipal beach facilities of the City of Boynton Beach consisting of the construction of a recrea- tional building and parking areas at the site of -the municipal beach, the construction of improve- ments to preserve the dunes and the beach, togeth~ with any equipment and landscaping necessary or desirable in connection therewith, such bonds to mature at such timelor times not exceeding thirty years from their date or dates as ma~ be determined by the City Council, and to bear interest at a rate or rates not exceeding the maximum rate then per- mitted by law, and to be payable from unlimited ad valorem taxes? The polls at said election will be open from 7 o'clock {ia Ii .M. until.7 o'clock P.M. of the same day. Said election will be held at the same polling places il in City as the polling places for the the several precincts of the I regular held on the same day and the election municipal election officers who will conduct said special bond election will be the isame as those selected and appointed for said regular municipal !~electlon. i! In accordance with the Constitution and election laws the State ii Of and the Charter of the City of Boynton of Florida ?Beach, all qualified electors of the City of Boynton Beach, Florida iishallbe entitled to vote in the special bond election to which ilthis notice pertains. ~The City of Boynton Beach shall be authorized to issue iithe question hereinabove set forth if such bonds covered by the .~issuance as to said question shall have been approved=by ~vote of ~ i!a majority of the qualified electors of the City of Boynton Beach'~ llvoting thereon. !=Florida. By order of the City Council of the City of Boynton Beac~~ City Clerk Section 2. Said special bond election shall be held at the same pollin~ places in the several prec'incts, respectively, in the City as the polling places for the regular municipal election held on the same day, and the election officers who shall conduct said special bond election shall be the same as those selected and -2- appointed for said regular municipal election. Section 3. Tereesa Padgett, City Clerk of the City of ilBoynton Beach, Florida, is hereby designated and appointed as the official representative of the City Council in all transactions with the Supervisor of Elections of Palm Beach County in relation to matters pertaining to the use of the registration books and .the holding of said special bond election. Section 4. The ballot used at said election for voting on the question submitted shall be that portion of the cardboard ~ or paper or other material within the ballot frames of the voting machines which shall contain a statement of the question submitted. Said ballot as it appears within the ballot frame of the voting machines shall be substantially in the following form: SPECIAL BOND ELECTION MARCH 2, 1982 CITY OF BOYNTON BEACH, FLORIDA For Bonds Against Bonds Shall bonds of the City of Boynton Beach,! Florida, in an aggregate principal amount not exceeding $1,750,000 be issued for the purpose of providing funds, together with any other available funds, for pay- lng the cost of. developing recreational and municipal beach facilities of the City of Boynton Beach consisting of the construction of a recreational building and parking areas at the site of the municipal beach, the construction of improvements to preserve the dunes and the beach, together with any equipment and landscaping necessary or desirable in connection therewith, such bonds to mature at such time or times not exceed- ing thirty years from their date or dates as may be determined by the City Council, and to bear interest at a rate or rates not exceeding the m~xlmum rate then per- mitted by law, and to be payable from unlimited ad valorem taxes? Section 5. Electors desiring to vote for the issuance of said bonds shall use the stylus provided and punch the words "FOR BONDS" within the ballot frame containing the statement of the question relating to said bonds, and those desiring to vote against the issuance of said bonds shall use the stylus provided and punch the words "AGAINST BONDS" within the ballot frame con- tainlng the statement of the question relating to said bonds. Section 6. Ballots containing the question set forth in Section 4 above shall be prepared for the use of absent electors entitled to cast such ballots in said election' Section 7. This-ordinance shall be read in full at tw~-~, separate meetings not less than ten (10) days apart and shall a,u least seyen (7) days prior to its passage on second reading be noticed once in a newspaper of general circulation in the City of Boynton Beach, which notice shall state the date, time and p~ace of the meeting at which this ordinance will be passed on second .reading, the title of this ordinance, the place where this ordinance may be inspected by the public and shall also advise that interested parties may appear at said meeting and be heard with respect to this ordinance. Section 8. This ordinance shall take effect immediately upon its adoption. FIRST READING this . /~ day °f - t~his~ · 1982- SECOND, FINAL READING and PASSAGE ~ day of  ~7/- . 1982. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City ~lerk (Corp. Seal) -4-