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Minutes 12-04-95 (2) MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, DECEMBER 4, 1995, AT 6:30 P.M. Gerald "Jerry" Taylor, Mayor Matt Bradley, Vice Mayor Shirley jaskiewicz. Commissioner Sid Rosen. Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse. City Clerk CALLTD~) R D ER Mayor Taylor called the meeting to order at 6:31 p.m., and announceo that Mayor Pro Tern Matson would not be present at tonight's meeting. She was at a doctor's appointment with her husband. The purpose of this meeting is to discuss Proposed Ordinance No. 095-45 wnich is an amendment to the 45' height ]imitation. Attorney Cherof read Proposed Ordinance No. O95-45 by title only. MAYOR TAYLOR OPENED THE PUBLIC HEARING. HE REQUESTED THAT THE SPEAKERS TRY NOT TO BE REPETITIVE AND THAT THEY MAKE THEIR POINTS WITHIN A REASONABLE AMOUNT OF TIME. Vince ~ardo~. 51~SW~1_9 S~reet~ stated that the people of Boynton Beach voted to restrict the height limit to 45'. He questioned why the Commission would take it upon themselves to change the will of the people. He urged people who want to be surrounded by tail structures to move to Fort Lauderdale or Miami. He further reminded the Commissioners that the residents will remember this at election time~ Rusty. Russillo; 91~:LPeko~_~llg]3xe_Ch~mber of Comnae~r_xa~, expressed the Chamber's support of Proposed Ordinance No. 095-45, and the increase in the height limitation on a case-by-case basis. Allowing the exemption of the 45' height limitation in the Central Business District will allow for an improved quality of life for the City Of Boynton Beach~ and give us a landmark. It will bolster community pride. The Chamber also feels this will address the poor economic environment and aesthetic quality in the downtown. He urged the Commission to pass this Ordinance. Lyne~e3~cNeece-~62 VistaD~JRio, lives behind Quantum Park and is opposed to an increase in the height limitation. She does not believe we need an empty hotel in the downtown, and feels passing this Ordinance is in opposition of what the people want. She urged the Commission to let the people vote on this issue. Richard~ lives in the Central Business District of the City. He served under Mayor Gene Moore as Chairman of the Central Business District Redevelopment Committee. At that time, he senta letter to the Mayor outlining a list of items he felt were vital to the downtown area. Mr. Gram supports passage of the Ordinance because he feels this property is a "gem" and should be developed in an exciting fashion. He urged the Commissioners to encourage the developer to produce a project that will last at least 100 years and be unique to the community. W~xlLer Bro3a/n~9~,~kfiendas.. represented the shoreline section of Dos Lagos Homeowners' MINUTES ~ SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 Association. He is opposed to passage of this Ordinance, and pointed out that the residents of Boynton Beach overwhelmingly supported restricting the heigi~t limit within the City in 1982. Mr. Brown referred to the September 11 1995 Commission meeting minutes wnerein the developer referred to the rental and sa~e of boat slips. Mr. Brown stateO that a 45' ooat cannot go out the Boynton inlet because of the 17' high bridge. He further stated that if the mx base increase is supposed tc lower the residents' tax rates, then the residents should be paid to live here because the tax base has increased tremendously over the last 13 years he is living in this City. He urged the Commissioners to give the voters an opportunity to express their feelings at the polls. ~nd S~ feels five people are attempting to overturn tne will of the people. The Commission is using scare tactics to rush this through. He is willing to use his tax aoilars for a referendum on this issue. Be[~UJeck, 1S0~S~LJ~' Avenue, stated that on March 10. ~ 995, Commissioners Jaskiewicz and Rosen stated they were for the 45' height limitation wnen they appeared before a group of Leisureville residents. Commissioner Jaskiewicz explained that at that time, she thougi~t the height imitation was oart of the City Charter, and that it could not De changed. Since that time. she learned that is not the case. an(] the height imit can be changed Dy passage of an Ordinance. Mr. Uleck said Mayor Taylor agreed to go along with whatever the people want, and said if the height limit is to be changed, it would go to a referendum. Mayor Taylor explained that at that time, he believed the issue would have to go to a referendum. He now has different information on the subject. Mr. Uleck said he brought 1,200 signatures to the Commission in 1983 supporting the 45' height limit. This issue was voted on and supported. He urged the Commissioners to put this issue to a referendum in order to let the people make the decision. He reminded the Commissioners that they work for the citizens of Boynton Beach. ~6~ Fas~Venue~ feels that the developer, Mr. Simons, is pretty smart in suggesting that the City withhold money to cover the cost of the petroleum spill. For almost 50 years, boats have dumped crankcase fuel and other seepage in this area. It is not a small problem. He relayed a story of a company in Connecticut which liquidated its assets and the sole remaining asset was a five-acre piece of property. They cleared it, and had it appraised, it was appraised for $750,000 to $1 million. Upon evaluation, it was determined that the property was contaminated. Estimates of $6 million were received to decontaminate the land. Approximately three to four months ago, the property was sold for $150,000. He does not believe any investor will put any money into this project if the land is contaminated. with regard to the height limitation, Mr. Stein feels the Commission is relying on the opinion of the Attorney General. This is purely advisable, and does not have the force of law. In the past, the City has reacted to pressure groups at a cost of $8 million to the taxpayers. Mr. Stein recommends that the City get an action for Declaratory Judgment whereby the court will decide if the Attorney General's , 2 Commissioner Rosen objected to Mr. Uleck's statement, and clarified that at that time, and much before that, he was an unopposed candiRate. Me did not speak at the Leisure- ville meeting and did not make reference to any such issue at that time. MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 opinion ~s correct, and whether or not the wil of the people can be overturned. Without this Declaratory Judgment, it maKes a mockery of the referendum system. JD~yidJfe/z,J_62 S~ quoted Commissioner JasKiew~cz as saying that 86 percent of the homes in Boca Raton. 44 percent of the homes in Delray Beach, and 26 percent of the homes ~n Boynton Beach are valued at $10D.000 or more. He does not feel this is a negative because $100,000 buys a bigger nome on a ~arger piece of land in Boynton Beach. ~ March, 1982~ two char~er amendmentS were passed overwhelmingly. More votes were cast at that time than were cast in the last election. The Charter amendment was to let the wishes of the people be known. The right to vote is a basic principal of government. The opinion of Mr. Bu~erworth to Mr. Rea was just an opinion, wot a rule of aw. He urgea the Commission to avoid any possible legal action. In 1982. the Council could have voted an Ordinance, but they realized that the referendum was a proper form of government. The right of the ~eop]e to vote is paramount in a democratic society. If the Comm ~sston wishes to move forward on this issue. Mr. Katz recommends seeking a current. second opinion. He further stated that if a majority of the Commission supports this project, then the scope of the RFP changes. Therefore, new RFPs should be sent to those developers originally solicited. He urged the Commissioners to put this issue on the ballot if they feel a change is necessary. Ordinances and Resolutions passed by the Commission can be undone by the Commission: however. the intent of an Ordinance. decided by referendum can only be undone by the electorate. J,~nesJYtJfiana~ 72~EJ~AY~t~ originally felt the 45' height limitation should remain in effect: however, his opinion has changed because redevelopment is needed ~ the downtown area. He feels the increasea height limit Should be allowed only in the Central Business District. The types of businesses currently moving into the area are making it a "rat hole". We need pride in the community. This project will give the community pride. The manna will be the first step, Once this project is in place, property values will rise. He urged the Commission to limit the heignt in the Central Business District to a max~ mum of 100'. _ _ .: - '"-' 5 Avenue, owns three buildings in the area delineated on the map which was d!splayed. He feels the heignt limit should be increased on the east side of US #1. He does not want tiie heights increased on the property he owns. He does not believe any of the properties in the CBD on the west side of US #1 are susceptible to a higher intensity. He would like to see separate zomng classifications for more intense uses of property. Mr. Oyer advised that before the establishment of the CBD. a group from around the country came in ano people could not even determine wnere the downtown was located. They suggested a change in the height limitation m a small area so that the downtown would be delineated, in Mr. Oyer's opinion, the City of Boynton Beach needs some buildings that can be built higher than 45' tall, but they should be on the east side of US #1. I~:ie~ghepar~l~est-(~ was born in Boynton Beach. She was very impressed with Mr. Gram's opinion because he has a distinguished backgrouna in the planning of communities. She feels the Commission has given a considerable amount of thought to this issue. She explained that her fatner was one of the first Councilmen when Boynton Beach was organized. She urged the people to ook MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 to the integrity and efforts of the Commisstoners anti investors. She feels the Comm ~ss~oners honestly went after bids and got only one bid. The downtown area is a limitee area. When you cannot spread out, you must go up. She urged cooperation from everyone Mr, Ben Uleck oointed out that before he was elected. Vice Mayor Bradley also slated that ne was for the 45' height limitation. ~- ' the E~a~oJ~B~lev~er - , .- - ' i, - feels efforts must be made to encourage growth in the downtown. This is an opportunity to make something happen. He said he has heard promises for the past 15 years. He urged tne Commissioners to act now to make something happen. Lawre~- 6g~ said politicians have come out and said State taxes were needed to meet payments so that property taxes would not be increased. The electors agreed and voted for the taxes~ and prooerty taxes st~ [l have skyrocketed. The Commission is now saying that if this project ~s built, we will have more income and no ~ncrease in taxes wil ~e necessary. The people votec for the 45' height limit, and it should be left that way. We do not neee 100' or 200' buildings. Listen to the will of the people. ~J[o~oAd, is President of Mangrove Walk Homeowners' Association. She commended the Commissioners for their attempt to develop tee downtown area. The area in question is a smal area in the downtown. She urged those who oppose this Ordinance to walk through the area. She feels it is a shame that ever/t~ me we take a step forward, people want to turn it down. Mr. Simons oroposed a beautiful project in the downtown that everyone can be proud of. B' -.. ' -.:' i: :'. - c:~ - sjden/_oLthe_Chaml~r of A-J~u~eo~ was a resident of Boynto~ Beacn. He has lived and worked in and around Boynton Beach for 16 years. Nothing nas happened downtown r~ all of those years. Mr. Martin does not believe the majority of the citizens today would vote against an increased height limit. Mr. Martin feels scare tactics were used to get the height limitation passed in 1982. He does not believe scare tactics will work today. This is a forward- thinking Commiss'on that wants to do something in the downtown. He commended the Commissioners for their strengm of character in discussing this issue. He believes the Commiss'on wants what is best for the entire City. He feels a catalyst in the downtown will result in an increased tax base, more jobs, ano a better Boynton Beach. G~W 15~z~et, has lived in Boynton Beach for 12 years. He stated that ~wo of me current Commissioners stated during their campaigns that they were opposed to raising the height limits. This may De a necessary issue to consider, but it should not be rammed down the tnroats of the residents. Mr. Keppel feels Quantum Park needs to be improved because that is where the City's tax base is locate(]. C~;~y_L~- 61°~h-?~A~JAU~ said their are three important issues to consider prior to making a decision. The first issue deals with the fact that in the past, when developers have come before the Commission requiring a higher intensity of use, [ney were turned down. After a period of time, developers did build a project within the bounds of the land use. The second issue deals with the ncrease in the tax base. Mr. Lehnertz arrived in Boynton Beach when me Boynton Beacn Mall was 4 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 being developed. That claim was made at that time also. However, with all of the development that has taken place, the residents should not have to pay anything to live here. The third issue involves the fact that the City residents overwhelmingly voted to support a 45' height limit. If this Commission wishes to change that, it must be done by referendum. It is the Commission's duty to ask the people if they want the restriction changed. Harry Marc~s_,~zg~JJoZJZQnS East, was active wnen the first referendum was discussed. Mr. Don Balmer obtained 700 signatures in support of that 45' height limitati on. At that time. the City was concerned that there would be high rises ali over the City. There was no intention to restrict a very small area such as is being done now. Mr. Marcus respects all elected officials. As a citizen, he would hope ~na~ any who speaks, would not cast dispersions on any elected official. He feels the citizens have a moral obligation to respected the elected officials. Mr. Marcus feels everyone agrees that the downtown needs improvement. His concern ~s that the Commission be very careful so that the City will not be embarrassed by lawsuits over this issue. The City has home rule which came along in 1971. This stated that everything in the Charter automatical y becomes an Ordinance with certain exceptions. Thoge exceptions include the way in which officials are electec, and the number of years officials can serve, pension, etc. It also mentions the referendums with respect to municipal government. He urged the Commissioners to advise the Attorney General that an Ordinance exists, and provide him with the minutes of the previous meetings. The Attorney General can then confirm his opinion Once that opimon is forthcoming, the Commission will be supported in any decision i~ makes. '~ F South FederaJ Highway, was upset by the people who are negative about the downtown. She has lived in this area since 1966. There is a great deal of potential in this area, but no one wants to do anything about it. She urgea everyone to join together and develop something everyone can be proud of. That will provide a better quality of life for everyone. ~:~/J.a~,~..~S~u_tlt~~ suggested that an issue for the referendum should be the elimination of the Homestead Exemption so that our tax base would be properly increased. She pointed out that the tax rolls will provide the number of people who pay no taxes but come to the City Commission to state that they do not want development. She expressed a great deal of respect for many of the people who spoke tonight. She believes something must be done to improve the downtown. This project can be a catalyst. Increasing the height limit might be a positive step. She urged the Commissioners to listen to the people in the downtown area. Commissioner Jaskiewicz said the only campaign promise she made to the people was that she would always act in the best interest of the City. She was elected on 23 years of interest and service to the City. Commissioner Jaskiewicz stated that she believed the height limit could not be changed because it was part of the City Charter. This was never a campaign issue of hers. Her desire is to do something about Boynton's image. MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 Corn missioner Jaskiewicz advised that she read all of the prewous rn nutes relative to the 45' height limitation. She pointed out that a 45' height [imitation ~s very [ow. The demographics of this City have changed since 1982. The City mainly consisted of retired people at that time, Commissioner laskiewicz took on this job to make a difference. While she suoports eliminating me. 45' height limit, she believes a height limit should be set. ~ore and more young families are mowng to Boynton Beach. These people need services. Taxes increase because we are not taking in enough money to compensate for those services. This Commission delineated what it wanted to accomplish. and one o~ the mare issues was that the taxes not be increased. Commissioner Jaskiewicz urged everyone to visit the marina area to see how sinai~ me area is. The developer used all of the land around it for the hotel However, mat is not what the Commission wanted. The Commissioners want something in that area that the citizens can enjoy. Another consideration is the resoonsibility to me business community. This area has been called a "rat hole". Although it is not a "rat hole", there is room for improvement. Vice Mayor Bradley had no comments at this time with the exception of me fact mat he feels there is benefit to controversy. He feels a lot of good discussion points and opinions were raised this evemng. He nas neard them. Commissioner Rosen referred to The Palm Beach Post article which talks about the prooosed height increase. He pointed out that they nave not mentioned anything about a project proposed for Flagler Drive. He oointed out that something needs to be done in Boynton Beach. We lose a good number of Police Officers to diner areas because they are being offered more money. In Boca Raton. a small riot was created wlaen mey opened meir Leathers Park. We are trying to build a small park here and cannot raise enough money to take care of it ourselves. Commissioner Rosen refuses to sit and accept things the way they are. He stated that he is here to make things move. Mayor Taylor manked everyone for appearing tonight. He feels this is a ~usiness issue for the City. He is aware of the fact that the people wanted a height restriction 13 years ago; however, me decision made then may be different toclav because of changing c~ rcumstances. In Mayor Taylor's opinion a newspaper should print both pros and cons. The peddle who wrote me article do not live in Boynton Beach. The oeopLe who wrote the article are building a very tall building in West Palm Beacn. He questioned why they did not want to build it in Boynton Beach. When this .Jew Commission was seated, they tried to develop a plan for the City which would look at the crime promem. The City is now in the process of hiring a new Police Chief, and we are fighting the drug problem. The Commission said it would look at improving me economy aha jobs. A company was brougnt in that will hire 800 people. The Commission said it would look at revitalizing neighborhoods, and mey nave worked to form nomeowner associations. The Commission also said it would do something to develop the downtown. The owner of me marina property was approached and asked if he was willing to see it to the City for development purposes. Fifty people expressed interest in the project, but n the end, dray one oerson provided two prooosals. The first oroposa] was within the 45' height limit. However, dray housing would be provided. The Commission wanted more to bring life to me downtown. In order to make a hotel pay for itself, a height greater than 45' was needed. When the City oegan to consider the possibility of increasing me height limit, other MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 4, 1995 developers began to express interest in the downtown area. If the height Limit is increasec~ [ne area can include a hotel, retail shops and restaurants. The Commission nas been very open about this issue. They are not trying to rush this through; however, they do not ~vant to lose a window of ooportunity. Mayor Taylor does not believe a ~ 00' building wil block out the sun or block the view of the ocean. The City's water tower does not do that and it is 165' high. He does not want to do against the will of the people, but he mus[ listen to everyone. The City is not moving blindly. The City Attorney is checking every step [nat is taken, it is Mayor Tayior's wish to make something happen in Boynton Beach and in the downtown area. Mayor Taylor manked everyone for attending and urgea them to attend the second public hearing on December 14. Vice Mayor BradLey recommended that during the upcoming E~oard Dinner on Thursday, December ?. 1995, the Commissioners sit at ta~es with the Board members ratlaer man at a table of all Comm~ss~ oners. There being no further business to come before me Commission. the workshop meeting properly adjou ,ned at 8:25 p.m. CITY OF BOYNTON BEACH ATTEST: ording Secretary ~'(Two Tapes) Vice Mayor