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Minutes 06-27-89MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 27, 1989 AT 6:00 P. M. PRESENT Gene Moore, Mayor Robert Olenik, Jr., Vice Mayor Ezell Hester, Jr., Commissioner Arline weiner, commissioner Peter Cheney, City Manager Raymond Rea, City Attorney Betty Boroni, City Clerk mayor Moore called the meeting to order at 6:00 P. M. ~GENDA APPROVAL Vice Mayor Olenik moved, seconded by Commissioner Hester, 4o adopt the agenda. Motion carried 4-0. Ordinance - 2nd Reading - Public Hearinq Proposed Ordinance No. 89-18 Re: Rezoning several parcels of land within the City of Boynton Beach, Florida from R-lA (Single Family Residential District), R-3 (Multiple Family Dwelling District), and REC (Recreation District) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0) - Tradewinds Development :n response to Commissioner Weiner's inquiry regarding the ~ole of Robert Walshak, Chairman of the P&Z Board, with the Attorney for the developer, Mayor Moore informed her that ~he City Commission authorized Chairman Walshak to be there .o epresent the P&Z Board and to participate and go over lhe approval of the site plan as far as the plan being ~ompletely followed. It was a part of carrying through and ~mplementing what the Court had directed the City to do. Mayor Moore explained to Commissioner Weiner that the stipu- lation was the agreement between the City Commission in a ~-2 vote in 1986, which was subsequently submitted to the ~ourt in the pending litigation and settled the litigation. t ended in the City being held in contempt of Court. ~ttorney Rea will provide a copy of the settlement agreement ~o Commissioner Weiner. ~ity Attorney Rea read proposed Ordinance No. 89-18 on Second reading by title only: "iAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY -1- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-1-A (SINGLE FAMILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE FAMILY DWELLING DISTRICT), AND REC (RECREATION DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; ~MENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" ~ayor Moore asked if anyone wished to speak in favor of the roposed Ordinance. There was no response. Mayor Moore sked if anyone wished to speak in opposition to the roposed Ordinance. Marion z. Peirano, 120 s. w. 8th Place, expressed concern about the close proximity of S. W. 8th Street to her property. ~arge Roberts, 112 S. W. 8th Place, Leisureville, also expressed concern about t~-~ hi-~lu~ ~--~ t--~ic for $. W. 8th Street. Gary Lehnertz, 619 S. W. 2nd Avenue, requested single ~amily residences as currently zoned. ~urther comments were made regarding the Court decision and ~ow to comply. Mayor Moore responded that everyone on the Commission could eel as the speakers stated, but at some point and time the ommission has to comply with a higher authority. Eleanor Logan, 525 S. W. 16th Street, Leisureville, heard dotes on the Commission are affected by reason of person- lity. She hoped each Member of the Commission would act lpon their consciences, with their best judgment and with he merits of any case in mind. Dan Boyar, 712 S. W. 3rd Avenue, spoke as a resident of the City and as Vice President of the Palm Beach County Chapter df the Native Plant Society. He stated that the site is nvironmentally sensitive and requested consideration. -2- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 THE PUBLIC HEARING WAS CLOSED. Commissioner Hester commented that he always listens to both Sides before making a decision. He stated that at the very beginning, the City tried to compromise. In every City, %hings change. Commissioner Hester asked Mr. Annunziato about the 40,000 trips. Mr. Annunziato answered that the 40,000 trips would be the traffic on Woolbright Road. ~ice Mayor Olenik stated that he came on the Commission in he middle or towards the end of the case. He preferred to ~ee the land developed Residential, but a previous Commission toted to rezone the land. Vice Mayor Olenik stated that he had a responsibility to uphold what a previous elected body dld~ He had always said he was going to wait until the ~ommission had a ruling from the 4th District Court of ppeals (DCA) before making his final decision about radewinds. The City got a negative ruling from the DCA, ~nd he thought it was time for the City to move ahead with What the stipulation agreement said. After discussion about how the Commission should address ~he issue and make motions, Attorney Rea thought it would ~robably be best if they addressed the Ordinance first. i Motion Commissioner Hester moved to approve proposed Ordinance No. ~9-15 on second and final reading. Vice Mayor Olenik Seconded the motion. A roll call vote on the motion was ~aken by Mrs. Boroni: i Commissioner Hester Aye . Commissioner Weiner Aye Mayor Moore Aye i Vice Mayor Olenik Aye ~otion carried 4-0. ~yor Moore understood this meeting was to get the Tradewinds ssue behind them. If any fine was moving, it was to be erminated, and any damages that accrued subsequent to this .ate would not be computable in a Court of law. Mayor Moore aw no reason to delay any further unless the Commission ~'anted the $1,000 a day fine to continue. Commissioner Weiner asked if the clock was still ticking on ~he fines. City Attorney Rea thought if they talked to -3- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 three Attorneys, they would get three different answers. He personally thought the fine stopped running. Mr. Annunziato explained the three site plans and what was Called the "settlement plan". Discussion ensued regarding densities and the recreation Area. r. Annunziato said three site plans comprise the settlement lan. He explained the commercial tract. It appeared to eet the City Code, but Mr. Annunziato said it would require ~ubmission of detailed plans in order to make a further ~etermination. The P&Z Board recommended that the plan be approved as stipulated in the Court settlement and as Ordered by the 4th District Court of Appeals. The Board ~ffered for the Commission and developer the following ~ecommendations: ~. That the median cut shown serving the secondary drive- way be closed. Mr. Annunziato believed that would be a Code requirement. ~he major access to the site is at a four way intersection, Which will be served by turn lanes. Mr. Annunziato thought Qan Murray's traffic analysis did not provide for the median qut. Neither does the settlement plan. ~. The P&Z Board recommended that the industrial access i road have signs to provide "Left Turn Only" for trucks. Mr. Annunziato explained the reasoning behind the ~ecommendation. ~ne of the programs involved with this plan involved a ~ubmission of a Comprehensive Plan amendment that would ~arallel this to provide for a new railroad crossing at the ~ndustrial access road. One requirement of the Seaboard Airlines (SAL) Railroad i~ to not have additional railway clrossings. As a result, in order to get the crossing at the i~dus%rial access road, Mr. Annunziato said the railroad clrosslng at Ocean Avenue will have to be closed. The c~ossing at Ocean Avenue requires truck traffic to go through Lake Boynton Estates. With development of the property between 1-95 and the rail- road~ Mr. Annunziato said construction of a north/south collector road directing traffic southward to the access rbad and then to Woolbright Road will have to happen. MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 Mr. Annunziato showed the two site plans comprising the Planned Commercial Development (PCD). The only inconsistency With the City's Code were the three curb cuts onto 8th Street. Vice Mayor Olenik asked if all of the office buildings will be one story. Mr. Annunziato answered that two one story Office buildings were shown, 10,000 square feet each. One ~ad the opportunity for a drive through facility of 6,000 ~quare feet. he comment from the P&Z Board was that there could be two rives into the office site as opposed to one. ~r. Annunziato explained that additional detailed plans would ~e needed for review. ~ . Annunz~ato said discussion concerning recreation centered 9round the fact that in order to meet the subdivision ~egulation requirements, approximately eight acres of land Would have to be dedicated for public purposes. If the ~phPlicant provides five recreational amenities acceptable to ~he City, which will be available to all residents of the ~UD, that number can be reduced by half. Mayor Moore asked ~f the plan would meet that criteria. Mr. Annunziato could ~ot tell from the plan what was being dedicated because here was not enough information on the plan. There was iscussion about the recreation amenities. ir. Annunziato stated that the P&Z Board recommended that he PUD plan be approved consistent with the stipulated ettlement as ordered by the 4th District Court of Appeals. he Board wished to bring to the attention of the City ommission the four cornered intersection, which is poten- ially a dangerous intersection caused by the turn into · W. 8th Street as it intersects with the entrance road to he multi-family development and the entrance road to the ingle family development. It was felt that straightening ut the road would make it safer. ity Manager Cheney assumed they were going to approve the lans, and he questioned whether the City Commission would xpect any of the plans to be brought back to the City ommission and the P&Z Board at any time prior to issuing a uilding permit. He thought everyone acknowledged that dditional material needs to be submitted. City Manager Cbeney wanted to know if the documents that came in included iDformation which normally comes to the City Commission and MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 the P&Z Board. He questioned whether the City Commission would expect those or if from this point on, the review and final issuance of the building permits would be totally administrative. It was Mayor Moore's understanding that it would be administrative if the Commission conceptually approved the site plan. Mayor Moore asked why the Technical Review Board (TRB) had not looked at this. City Manager Cheney answered that it Was because nothing on the plans had the kind of information ~he TRB would be looking at. There was discussion about Who reviewed the plans and the Court Order. ~ice Mayor Olenik agreed that the documents before the ~ommission were not the type of documents the CAB looks at ~o make their determinations. He asked if this should go yack to the CAB. Mayor Moore felt when they come in with ~he plat, they would have to come in with landscaping, etc. ~e thought a major portion of the conceptual planning part ~f it would be approved or disapproved today. There was discussion about the documents. Vice Mayor Olenik thought ~he CAB should have an opportunity to look at this when ~he City receives detailed site plans. Mayor Moore asked about the traffic, Police and Fire Departments looking at the plans. Vice Mayor Olenik assumed tlhat could be done administratively. City Manager Cheney ~greed. Fi. Martin Perry, Attorney at Law, Suite 701, 515 North ~lagler Drive, West Palm Beach, understood Vice Mayor ~lenik's comments and thought Attorney Rea could tell them t~e first step in the process in the concern relative to s~tisfying the Court Order was the adoption of the Ordinance a~proving the PUD and the sending of the Comprehensive Plan l~nguage to the DCA in order that the PCD could proceed. Aktorney Perry said they had submitted a detailed site plan, bht it lacked those things Vice Mayor Olenik had mentioned r~lative to a complete landscaping plan and those things that wpuld fall under the purview of the CAB. There was nothin t ' ' g ~ prohlblt a conceptual approval. Subject to preserving the protection of the cloak of the Courts, which they had, A~torney Perry stated that they would be willing to consider anY comments involving public safety that make common s~nse or that involve the environment that they can accommo- ~te. Under no circumstances will they walk out from under- neath their protective shield (the Court Order) to the -6- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 extent that there would be any difficulties encountered as a result of that. Attorney Perry stated that this was a compromise agreement before the Commission that was negotiated over three years ago. Some of the problems that were raised as comments, such as the intersection Mr. Annunziato now considers a dangerous intersection, were not of their making. Attorney perry commented that they did not believe it should be there and did not think it was appropriate to begin with, but they Were required to agree with it. It is there. Attorney Perry thought it would be in the best interest of everybody 4o smooth out that curve and make some changes, but he would ~ave to look carefully at how they would do that so he would not end up with a zealot accusing them of changing what the ~ourt said they could have. Motion Commissioner Hester moved, seconded by Vice Mayor Olenik, ~o approve conceptually the site plan, subject to compliance With the things that had been discussed. Motion carried ~ttorney Rea clarified that the motion included conceptual approvals of the site plans for the PUD and PCD. Bi. Resolution Proposed Resolution No. 89-CC Re: Sponsoring legislation relative to H.R. 2380, requesting the United States Postal Service to enable cities and towns the opportunity to obtain zip codes which conform to the geographic municipal boundaries of Boynton Beach and other municipalities with- in Palm Beach County and the State of Florida Vice Mayor Olenik moved, seconded by Commissioner Hester, to a~prove the Resolution. Motion carried 4-0. T~Ei COMMISSION TOOK A BREAK FROM 7:12 P. M. until 7:18 P. M. OTHER Ii Discussion of Milnor Corporation Lawsuit A~torney Rea provided copies to the Commission of the recent lawsuit filed by Milnor Corporation against the City. He said it was a sequel to a 1977 lawsuit the City had dealing -7- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 with similar parcels of land. Milnor is requesting that the case be assigned to the same Judge that heard the 1977 lawsuit. The complaint asked for a Declaratory Judgment from the Court and it also asked for an Injunction, ultimately requesting the Court to direct the City to rezone the land and provide in excess of $5,000,000 for compensatory damages. ~he City has a $2,000,000 insurance policy but is not coyered ~or $5,000,000. After evaluating this suit and the verbiage ~f the 1977 Court Order, City Attorney Rea thought the City ad potential exposure. Rather than getting postured in ourt, he asked for authority from the Commission to open up discussions to see what the positions of the parties are ~nd what can be accomplished. ~here was discussion about what Milnor wants, what they said, and what had happened. Mayor Moore asked if there as any way they could get input from the DCA. ~r. Annunziato replied that all the DCA can do is take what ~he City gives them and see if it is consistent with the State's Comprehensive Plan and the comments of the Regional Planning Council. Attorney Rea advised that part of the itigation makes the allegation that the Local Government omprehensive ~lanning Act mandates that a City submit it or their cons~derationo He'thought they could get the ttorney General's opinion on that. ~iscussion ensued about how the City should proceed. · thought they should be firm on the resi- ~ce Mayor Olenik ~ential character of 23rd and Golf Road. lity Attorney Rea was given authority to see what he could oo ~DMINISTRATIVE Consideration of Minutes Preparatioq ayor Moore called attention to the memo dated June 26, 1989 rom Betty Boroni, City Clerk. He stated that when there is oo much in the minutes, the City may end up losing a law- uit. The minutes are recorded and are in the notes of the ecording Secretaries. If anyone wants that information, ~hey can go to City Hall and get it. There was discussion about whether Code Enforcement and the B~ard of Adjustment minutes need to be verbatim. Mayor Moore -8- MINUTES - SPECIAL CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 27, 1989 did not know why it was necessary to have an Attorney at the Code Enforcement Board meetings. If someone wants something Verbatim, they can get their own Court Reporters. City Manager Cheney said the City tries to get a brief summary of the discussion that is the foundation of why a motion was made. Mayor Moore thought the minutes should reflect that an issue was brought up, a discussion was had, ~ motion was made and seconded, and a vote was taken. City ~anager Cheney thought for a public set of minutes a little bit more than that is needed, but it should not be in the ~irection it had been pushed in over the years. Mayor Moore ~hought the City Clerk had made some good suggestions. Mayor Moore agreed with City Manager Cheney that maybe there ~hould be a little bit more in the minutes than what he had ~uggested. He requested that City Manager Cheney write a emorandum stating that henceforth, there will be no verbatim ~inutes unless directed by a Court of law or the City Commission. The minutes should be concise, reflecting the ~ctlons that were taken. There should not be a lot of ungermane verbiage. Mayor Moore said people should be told that what is being done now is unnecessary and is taking rime from people that could be doing more productive work. City Attorney Rea said he would check as to whether ~estimony under oath will have to be verbatim for Code Enforcement, Board of Adjustment, and Civil Service earlngs. ~JOURNMENT The meeting properly adjourned at 7:38 CIT~ ~ BEACH ~TTEST: ~~di S rta~ Mayor 0~VVice Mayor ~ ~--~~'~oner Commissioner Commissioner