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Minutes 04-20-78MINUTES OF SPEC~L CIT~~ COUNCIL ~ETING OF THE CIT~ OF BOYNTON BEACH, FLORIDA, ~ELD IN CITY HALL, THURSDAY, APRIL 20, 1978 PRESENT Emily M. Jackson, M~yor Edward F. Harmening, ~ice ~ayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman David Roberts, Councilman Frar~k Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Jackson welcomed everyone and called the meeting to order at ?:00 P. M. She annomaced it was a Special Meeting in accordance with Sectio~ 56 of the City Charter ef the City of Boymton Beach ts discuss ~e Agreement with the Montreai~E~os~ ~end Re~olu~ion,~e~ent~for~the Re~oca- tion of Utilities on S~acr&st B~mlev~d, a~d the Jarvis P~hlic Hearing.m ~. K~hl i~formed the Council that the Expos agree to enter !to~a Se~e with the City of Boynton Beach for the use of ne zacilSt~.fro~ Fsbruar~ I through April 20 9f each year n an exc±usmve ~asis, anm will make p~yments mn the follow- ing manner: $t5,000 guarantee or 10%' of the sum of the gross admission seats less State~ City and Federal Taxes, and of the concession and advertising sales, less sales tax, whichever sum is greater. The Expo~· will play a minimum of ten e~hibition games each spring. The Expos will sell admission to games and operate the stadium for e~hibition games. The Expos will have food, novelty, and advertising rights in the stadium except for the electro~ic scoreboard, on which the City of Boynton Beach has exclusive rivets to sell advertising. ~ne ~xpos wilt ha~e tryouts and clinic rights on ~ates to be agreed upon with the City other than do~ing the spring trai~ing period. This lease will be for a period of five (5) years with the option~ the club to renew for two (2) additional periods of five (5) years at an increase of 10~ on the guarantee during each option period, Mayor Jackson ascertained there were no questions about this agreement. Mr. Moore clarified that it was his uoder- standing that t~is prooosed agreement incorporates the terms M~'~E~~orate~ on and will be forwarded to the ~T°h~r~l--~o~s~a'ttorney tomorrow for review. BOND RESOLUTION ~. Moore read propose~ Resolution NO. 78-W. Mr. Roberts referred to Page 13, ten lines down, and pointed out that it reads one-twelfth, but ~/2 is in parenthesis and ~. Moore replied that it should be 1/12. M!~'GTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1978 ~ayor Jackson clarified that this does not affect the taxes and is by the Guaranteed Entitlement Funds. ~. Caldwell stated that he is 10~ behind this entire con- cept. He knows this whole bond issue is for the betterment of every citizen. It will help basi~uesses, the City, fami- lies, etc. by generating proper revenues. He sees nothing negative about this entire concept of developing this 55 acre tract into this beautiful park. He is 100% in favor of the hondso He thinks this is the most realistic and most economical way to go. The only thing nagging in the back of his mind is something he said two years ago with regard to this same type of situatien. He realizes there is a differ- ence between purchasing acreage and developing a second story on the ~olice station and realizes these two ~rojects are ~ompletet~ ~ifferent. ~ However, he made a statement and pledged to bhe people at that time that any time the City pledges to ~n~ $1,000,000 or better, he feels it is hi~ mor~I o~g~ion te give the people a saY in what to do. H~s problem,s we ha~e gotten this opportunity to pat this City on t~e ~p and sec~e prosperity for years to come, but he ~m wave a pledge to let the people have a say. H? is convinced the people would overwhelmingly support this concept. The only problem, because of the tLming in- volved, we ars not allowing the people an adequate oppor- t ' un~t~ 'to come b~fore this Council and State all their facts. He th~r2~s t~s is ~j~st as important as the zonin chan es in 1975 when ~s dl~tde~ !n~o sectlon~on separate nights and ~e o~nion of-the people was heard. He feels ~ w~f~l~ ~h~ ~gt~a~m~t~h~l~h~er~: ~e t~e ~eopte, hemr the p~iople, obtain the bonds and build zn t!me~ The biggest issue in the 1976 campaign was the 9n~ ~s~ue an~ we sa~d sm~ time we float bonds of this mag- nitude ~hat the people need to be heard. He really fee~s we need to give all the peiople an opportunity in an un- biased, wide open manner to come before us and tell as they are in ~avor of this conce~t. Mr. De~arco agreed, but stated that time is of the essence on this contract. If we don't do it now, we probably will have to forget it as it could not be built in time to get the Expos here in Februaryl. M~. Earmening stated that we have been trying to acquire this piece of groun~ for a little over five years now. Some of our earlier attempts to acquire it did not come about. We just acquired it recently. Our original plans were to develop it in much the same way, as a recreation complex for the City over a period of approximately five years. The reason we are moving as quickly as we are is to bring the Expos in and give them a place for spring -2- MINUTES - SPE~iAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1978 practicenext year. If we don't move ahead, w~ will probably lose it. Time is of the essence in this matter. There is a short amount left to complete this portion of the facility, We don,t actually have time to put the thing out to the people for a vote. He also has to be guided to some extent by the amount of input he receives from the public on various issues. He must say the input from conversations, telephone calls, etc. has been overwhelmingly in favor of this, so he thinks we are probably on reasonably good ground to proceed. ~, Roberts stated that his first question was whether it was legal to have revenue bonds issued without a referen- dum and ~-~. Moore replied that it was. ~. Roberts contin- ued that his second concern was w~ether this particule~ oro- ject would benefit the entire City or benefit some special interest in selling a piece of land to make a profit. The other proposal would have given 15 owners a place to launch boats. Also, the other item was a second story on the police complex for a court which was being phased out. Eventually extra space which was needed was funded by a Federal Grant. This other attempt was to float a large sum of money which did not make good sense. There is no comparison between the two. We attempted to get these 55 acres i~ 1974. At that time, a plan was drawn for it to be developed into a park at a cost of $750,000. Strings were attached at that time and the result was the loss of the land. This Council was fortunate in receiving it with no strings and no reverter clause. Under the circumstances, he does not see any harm ~om ~he ~tandpoint of legality and de~e!o~ing the land to nef~t the entire City, help business and something that the people will be proud of. He does not see any connec- tion between this and the other one. M2~yor Jack~on stated that the bond two years ago was to buy raw land ~ud when we were through, it would have no capital improvements. Here we have 55 acres which we bought for $1 and we must develop it. We have a chance to develop it, which we probably won,t have again. You do not come by the big lesgues often! She thinks we would be doing a dis-esr- vioe to Boynton Beach i~ we did turn it down. Every place she goes, she as~ks people what they think of this. Many have asked questions. We have had four meetings on this, and many expressions were given from the people in favor. She feels this is something we never will have another ch~uce at and feels we would be wrong in not accepting this for the City. It will, make the biggest difference for the City in all the years sue has lived'here. Mr. Kohl referred to meeting with the County Commissioners in reference to obtaining this 55 acres ~ud through telling them what could happen in Boynton Beach, they know what ac- tion we received from the County Co~m~,ssioners. ~t took us MINU~ - SPECL~L CITY COUNCIL ~ET!NG BOYNT~ BEACH, FLORIDA APRIL 20, 1978 fi~e years the other way. We worked and never obtained these 55 acres. Conservatively, it is appraised at $1,000,000. It was all done within the past few months. Mr. Caldwell replied that he agreed with all the statements and could not find one fault. He feels the same way. He recognized the differences between the 1976 election issue and this question here. ~e recognizes the expediency needed in this entire matter. The only thing troubling him is his gut feeling that perhaps we could have afforded more people he opportunity to come before this Council and s~y they want it in a formal way. Would it be possible in any way at all within the next week or two to have special hearings two or three nights with d~viding the City and having the people come in and voice their opinions for or against? This way, we would not lose time to go to a formal referendum. Pos- sihly put ads in the paper like we did for the zoning. Can we ask for two weeks more time, so our consciences can he absolutely clear %hat we have given the people every oppor- tunity to be heard on this? N~. Roberts stated hedid have one person approach him who objected to it because he could not understand why a sports complex was needed on Congress Avenue behind the middle school. He tried to convince him that it was near the in- dustrial complex and the vocational/technical school against 1-95. ~s. Jackson added that every newspaper but one stated this wasacross from~ Le~s~ev~lle' ' and many people misunder- stood as this is way south of Leisureville,~in~act, south of GolfviewHarbour. ~. Roberts referred to all the Council members voting their consciences and stated that this has come up so many times before s~d to wait until the last minute when the re- solution is read does not make sense. Ee suggests that the rest of the Council take the appropriate action they feel. Mr. Moore stated that timewise, they were merely adopting the enabling resolution. It must be submitted to the court for a hearing. The hearing cannot be held for a minimum period of 21 days. Then there is a 30 day appeal period after that before the bonds can be sold. There is actually a period of 50 days in which the resolution Could be re- scinded if they choose. 5/2/78 ~. Caldwell suggested scheduling public hearings while this is in the incubation period to have the people come forward and give a formal presentation of what this whole park devel- opment will accomplish and then listen to the people. He feels this is an excellent opportunity to accomplish all ends. ~e can let the proponents and critics voice their o~inions on this. ~. Roberts asked how he would arrive at at conclusion - t~ke a hand count, head count or what? -4- MIBrUTES - SPECI3~L CITY COUNCIL MEETING BOY~TON P~CE, FLORIDA APRIL 20, 1978 Mr. Roberts continued that there is only a small segment of 19,000 voters. He referred to the people being haDpy with having the Council guide the City and stated that %o have a law people raise their hands to make it look good is not the proper way to run the Council. Mayor Jackson stated if we did have a referendum at this time of year, we would be lucky to have a 20% vote. She would rather request the people to send in letters instead of hav- ing hearings. She explained how most people did not attend hearings. Mr. Caldwell agreed,and clarified that an issue tike this should no~ he limited to the voters because it affects everybody in the City. He asked if it was felt they would receive a fair sampling with letters and M~r. Roberts referred to the mail being received lately. Mr. Caldwell suggested possibly having petitions submitted and Mayor Jackson agreed that more people would probably sign peti- tions. Mm. Caldwell asked how the petitions would be dis- trihut~d tD the people and Mm. Harmening replied that if they~e~d~u~re~s~ they will get them. Mr. DeMarco stated in view of the fact we have had hearings and he understands the Mayor and City Manager are due in Montreal on Monday to complete arrangements, he moves the adoption of Resolution No. 78-W. ~. Caldwell seconded the motion. ~o discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson -Aye Councilman Roberts - Aye MOtion carried 5-0. Fmyor Jackson referred to copies of the agreement being dis- trihu~ed and stated that we do have to adopt the agreement in concept. Fm. DeMarco moved to agree to the lease in concept, seconded by M~. Caldwell. Nod'~scuss~on.' F~s. Padgett took a roll call vote on the motion as fellows: Councilman De~rco - Aye ~ice Mayor Harmening - Aye · Mayor Jackson - ~ye Councilman Roberts - Aye Councilman Caldwell - Aye Motion carried 5-0. Mr. DeMarce suggested that possibly the City Attorney should also go to Montreal incase there is some question on the agree- ment and M~. Kohl agreed and stated he could make the arrange- ments. ~. DeMarco made a motion that F~. Moore go'~ Montreal with the~myor and City Manager, seconded by F~. Harmening. Motion carried 5-0. --5-- MINU~S - SPECIAL CITY COUNCIL MEETING BOYNTON BE_ACH, FLORIDA APRIL 20, 1978 PUBLIC HEARIN~G - JAR¥IS P~QUEST Mayor Jackson requested everyone to listen to the presenta- tion with an open mind. She thinks some conclusions have been drawn before knowing all the facts. Thishas been evi- dent by the mail received with some referring to not changing the zoning in Leisureville. She stressed that the Council acts for the good of the City. She stated that everyone will be heard, but requested there not be too much repetition. Many letters have bean received which have been read by the Ceuncil. Also, she requests there not be any demonstration. Mr. Kohl informed the Council that the Planning & Zoning Board at the~_r regular meeting of Aorlt 11, t978 (after con- ducting two Public Hearings on this'matter) recommended that ~he rezonir~ requests sub~tted by Mr. Stephen j. Jarvis, rustee, to rezone two parcels of land located at 900 S. W. 15th Avenue from RI-~A to C-3, be approved subject to the following: The Westerly Tract, identified as Parcel 2 on the survey submitted be rezoned C-1 instead of C-3 as requested to D~rovide for a low intensity commercial buffer to the residential areas to the West. That the developer provide a traffic signal when traffic oounts warrant said construction, and That the developer dedicate an way as indicated on the survey to the land to the South. 80 foot right-of- to provide access This recommendation was based on the following: The traffic impact analysis submitted by the appli- cant which indicated that approximately 25% of the ~oolbright Road traffic would result from this development (traffic impact analysis made); The land in question is impacted on two sides by commercial zoning (C-2 to North and C-~ to West) and on the East by the Seaboard Coastline Railroad; The land is located at the intersection of a four land road and Interstate 1-95. ~nis is important in ~vaiuating access to a commercial development; Access to the development will be provided from the 80 foot street thus eliminating dangerous curb cuts in this area; and This is not an appropriate location for single family homes. -6- MINUTES - S~CIAL CITY CODICIL ~ETIN~ BOYNTON BEACH, FLORIDA APRIL 20, 1-978 Mr. Kohl continued that the motion to approve was nde by Areoa and seconded by M~. Lambert. The vote was 6-1 with Mrs. Huck~e dissenting. A copy of the legal description the property, as well as a copy of the survey (map/print) were Submitted for their re~iew. The Traffic Impact Analy- sis has been available in his office for re~iew and he has it with him. Nay he have Council,s wishes on this matter please. ~. Bob Griffitk, representing Mr. Stephen J. Jarvis~ ap- peared before the Council. He advised that N~. Jarvis is the land owner of ~he parcel of land considered this past week by the Planning & Zoning Board for consideration of rezoning which is part of a 60 acre tract Bounded on the north, byWoolbright Road, on the east by the Seaboard Coast- line Railroad and on the west by the E-4 Canal. This uro- perry w~s purchased by N~. Jarvis in 1970. This property was zoned C-3 at that time and it is the same classifica- tion he is requesting now for part of the tract. He re- ferred to the property being shown in the drawings dis- played and also showed an artist,s concept of the way the probity could ~e used. He added that it does not have to be used in this fashion accerding to the rendering, but the or ~he property to be used for general bus- present pl~u is f' ~ ineSs du the western section with a chain type motel to the east. it is felt this would be in proper concept for the land in question. He pointed out that this parcel was divided into two tracts with 2.8 acres in one piece ~ud approxi~ately 9.2 acres in the other piece. He then pointed out the vari- ous co~ercial zonings in this area. Hereferred to the piece directly west of the E-4 canal being zoned C-4 which is a lo,er zoning classification permitting types of uses lower than the parcel in question for the requestsd uses. It was pointed omt that the property is not adjacent to any homesites. He ad,ed that the boundary distance between properties over the E-4 canal is 155 feet. He showed a photograph of the parcel. It was pointed out that the p~rcel would be divided by an 80 ft. roadway for public access. He told about ~. Jarvis dedicating ~roperty for Woolbright Road s~ud also told how turn-offs had been pro- vided to accommodate the traffic. Mayor Jackson asked who would make the decision of when the traffic signal is warranted and Mr. Griffith replied that the Planning & Zoning Board made a recommendation that the developer would bear the expense when it is foundlit is nec- essary and the City would make this determination. He added that a traffic impact analysis has been completed and a s~rvey was submitted to each C~ty Council member and each Planning & Zoning Board member. He referred to Wool- bright Road being adequate to support the traffic generated by this land development and arty in the area. Additional -7- MINUTES - SPECIA! CITY COUNCIL ~ETING BOYNTO~ BEACH, FLORIDA APRIL 20, 1978 home sites, additional commercial uses, recreation develop- ments, etc. will all cause traffic to increase. He added that commercial propert~ brings revenue into the City at a much greater and increased amount than residential property. This was pointed out by M~. Black, an architect on the Indoz- trial Board of the Chamber of Commerce, and statistical fig- ures bear out this fact. If Boynton Beach continues to grow consisting primarily of residences, a high tax base will be necessary. It is necessary to have a mixture of commercial, industrial and residential in order to have a rounded-out community. ?~. Caldwell clarified that the millage on commercial property is the same as on residential property. The difference in what ~he City receives is because of the ~alue of the land. One acre of commercial land brings in more dollars and is assessed higher than residential. Also, residential proper- ties have the homestead exemption. Mm. Griffith added that the cost for construction for commercial oroperty is approxi- mately double of residential construction] Mr. Roberts referred to the wells and Mm. Kohl informed him that M~. Jarvis has already given the City two we~ls. Mr. Roberts asked if they~ere given regardless how this comes out and .,Mr. Kohl replied affirmatively. Mm. Kohl added that ~. Jarvis did promise some other wells, but when the plans were changed our wells went down the drain. Hopefully as time goes by, Mr. Jarvis will see fit to give us more wells. ~. Griffith clarified that the well sites were not located in the land in question, but are in the proposed PID area. Mr. Roberts 9uestioned the width of the canal and Mr. Griffith informed him that from property boundary to property boundary as prepared by the engineers, 155 feet is shown between the two property boundaries, which is the right-of-way for the E-4 canal. ~. Roberts referred to there being a great deal of trees and shrubbery and asked if they planned on leaving some of that or having a perimeter road and ~. Griffith re- plied that there will be screening along the west. However, that property boundary backs up to C-4 across the canal, ex- cept for approximately 72 feet south. The C-4 is of a lower commerciai use than the C-3 they are requesting. Mayor Jackson asked if anyone wished to speak in favor of this request and received no res Donse. She asked if anyone wanted to speak in opposition to-this and the following ap- peared before the Council. M~. William M~isinger, 1391S. W. 17th Avenue, stated that it is only common sense that land lying idle is of value to no one. He honestly cannot say the recommendation of the Planning & Zoning Board is in error, but what he is concerned -8- MINUTES - SPECIAL CITY COUNCIL ~HETING BOYNTON BEACH ~ FLORIDA APRIL 20, 1978 about is that we allo~ the building of hotels$ motels, stad- i~m~ shopping malls in residential communities. It has been pointed out hy ~lr. Griffith that traffic will increase, which he agrees with. The City is growing every d~y. Another con- cern is water and where we are going to get the water fromm He read an article from the Nev~JOurnal referring te 34 acres in this area being used for a well field. He read another article regarding the digging of two new wells on the property owned hy N~. Jarvis. He then read an article on the possibi- lity of a water shortage in Boynten Beach. He then showed a well map and pointed out the various locations of wells noted that there were to be wslls on a dedicated strip 25 ft. x 700 ft. long from ~. Jarvis and stated this did not con- stitute 34 acres of land. He wants to k~ow where the 34 ac~es of Iand are. How can we sink wells into property still zoned R-I~A? Mr. Harmening informed him that the City can sink wells into a~y zoned proper~y as long as the City has the right-of-way. Mayor Jackson added that the Forest Park School area is a R-~AA zone. ~. Meisinger state~ that he did not want a well pump in back of his house. Mr. Caldwell asked if he did not want more wells put in and~. Meisinger replied that he believes the balance of ~. Jarvis, property should be developed for a well field. ~. Caldwell asked if he was in favor of this project as laid ~ut this evening and Mr. Meisinger replies that he wants to know where the water wilt be coming from and ~o Kohl explaine~ how every cit~ was looking for good wells. M~. Meisinger stat~ tha~ the rest of this property would be an ideal well field and he suggests that the City buy it for a well field. He is concerned about water as without water, we cannot live. Mr. Harm~ning i~- formed him ~hat there were other locations i~ mind for future well fields. Mr. Milt Danielson, 1606 S. W. 16th Terrace, referred to the exit ramp from 1-95 and explained how traffic movement was limited. He then pointed out that traffic m~ng a left turn into this property must cross two active travel lanes. He explained how there was a grade in ths road in this area and how stacking lanes could create problems. He referred to the construction of Woolbright Road at tSth Street and explained how it narrowed to one lane with the other lanes having to tUrn. He stressed that congestion would be caused at a dangerous intersection. He then referred to the 80 ft. right-of-wa~v propose~ to serve this whole area and stated that the residential area in the rear could contain as many as 300 homes. He exolained how there could be the possi- bility of ~u emergenSy situation with this one right-of-way being sealed off. He then showed an article from August, ~962, concerning an accident where the access was cut off for emergency vehicles and told about his experience being involved in this. He suggests that a second right-of-way be provided and submitted providing a second left hand turn lan~ into this property. He continued that he does -9- MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTOE BEACH, FLORIDA APRIL 20, 1978 not think the traffic studies submitted are conclusive and explained how with 15th Avenue being ~nder construction, many people were using another route. He then stated there are two major storm drop inlets spaced 50 ft. apart at curb cut~ and asked if these would be relocated at City expense? He referred to the traffic exceeding the 35 mp~ speed limit and explained how it was possible for cars to be backed up waiting to turn into this property and with cars coming over the o~erpass, there was the possibility of an accident. He referred to Mr. Jarvis stating previously that people would not want to buy homes under a 22 ft. embankment and pointed out that there are beautiful homes on 23rd Avenue by the embankment. Also, the train traffic ismminimal and no whistles blow because there are not any crossings. The Jarvis property fronts on the E-4 canal and people have paid premiums for waterfront property. He does not understand the insistence for commercial use. He and the people he repre- ~ ~e~uest ~his zoning change b~ denied ~ntil at least a e~ai±e~ point impact traffic stuuy has been submitted. N~. Frank Bower, 2008 Roma Way, stated he wanted to completely refute the testimony made by Mr. Black. ~. Black said that people in Leisureville that pay taxes whuld have all their taxes eaten up if they had just one child in school. Doesn't he know that nobody is allowed in Leisureville under 16 years of age? Actually the revenue from Leisureville is all a p~us. He then referred to ~. GrifTith s~ing the traffic would in- crease bY 25% and stated this was not true. He obtained figures from the Chairman of the Planning & Zoning Board and the number of c~s now coming from the east is 7,782 over a 24 hour period, the added number of cars would be 4,578, mak- ing a total of ~2,360. N~. Griffith questioned where these figures were coming from and ~. Bower replied they were from the traffic study and ~. Annunziato confirmed that they were correct. M~. Bower then explained how the percentage of increase would be 5~ and not any 25 or 3~. Ne advised that the figures from the west are 7,782 with a~ increase of 4,022 and a total of 1~,804, which is a 52% increase and not 25 or 30% as quoted~ There will be 8,600 cars going into this development, but there is no mention of the cars coming out. If you count the numbsr coming out, it will be 17,200. Also, he agrees with the previous speaker that there is a danger of going from one lane into four in a matter of 600 to 700 ft. F~. Lee Levitow, 2078-S. W. 14th Avenue, stated there seems to be a question of integrity behind all this. There has been reference to the C-4 a~jacent area and this was pro- pose~ by Leisureville to be a marina ~md is shown on the plot plan. The only area which would allow a marina is C-4. When this zoning was accepted, it was accepted with the feel- ing that a marina would go into this particula~ area. Now, they keep hearing that anything can go in there. First the -10- MINUTES - S_=EGIAL CITY COUNCIL M~ET!NG BOYNTON B~ACH, FLORIDA APRIL~ 20, ] 978 request for this area was C-3 with PiD in the rear, but then the PID was dropped out and 12 acres are left. The argument used is that it is all right to put in business as long as it abuts another commercially zoned area. If this 12 acres is put in as business, what is the point going to be after that? With 12 acres zoned business, they probably will request the major portion to he changed~with using the same premise they are using that it is all right to put it in next to other b. usiness. They strongly object to this kind of change. They keep hearing about the advantages of business, hut many northern cities have gone to pot because of going heavily industrial and business. He hopes Boynton Beach does not favor business to the residents. One member of the Plan- ning & Zoning Board argued that having stores next to resi- dences doss not have a depreciating effect and if that is the case, we do not need zoning. He does not th~k the mem- ber represents the views of Boynton Beach. Leisureville strongly opposes the approval of this zoning request. Mrs. Elizabeth Todd, 2003 S. W. 18th Street, referred to there being only two exits from 1-95 in Boynton Beach, one on 2~d Avenue and the other on 15th Avenue. She referred to Mm. Griffith commenting that 15th Avenue is more than adequate for the traffic, but she and her husband are opposed to rezoning these t2.5 acres for the following reasons. She advised that five traffic lights are proposed along 15th Avenue within a distance of t-1/10 miles and stated the loca- tions. She theh noted that there are ten entrances to 15th Avenue between Congress Avenue and 1-95. She added that 152 ~artments were ~uder construction now on 15th Avenue between ]8th and 22nd Streets. She told about the difficulty to enter 15th Avenue now from 18th Street because of the traf- fic. For the past seven to eight years, Leisureville retirees have been an asset to the City of Boynton Beach. They have worked hard, saved money and invested it here. The police and fire departments are ramely called to Leisureville except when they request that radar be set up along the ]8th Street speedway. She referred to ~. Jarvis mentioning a Holiday Inn and stated she is sure they have purchased a site on 2nd Avenue. Could it be that a Day's Inn wants to locate here with a gasoline station, etc. and low clien~le which ~ould downgrade Leisureville? This is located between High Point and Leisureville, both of which are zoned R-1A~a. She referred to Mm. Howell's remarks about spot zoning. She stated that the stadium, proposed Boynton Beach regional mall, proposed mall at the intersection of Congress and Lake Ida Roads, Charterworld, etc. would all incres~e thettraffic. The Leisureville residents love it in Boynton Beach, but don,t want to be prisoners in their o~mbeautiful homes. When the concrete company came before this Council, Mayor Jackson said she was for the people and she hopes she feels the same way towards them and will not vote for the rezoning of this tract of land. -tl- MINUTES - SPECIAL CITY COUNCIL MEETING BOY-~TO~ BEACH, FLORIDA APRIL 20, 1978 Mayor Jackson ascertained that nobody else desired to sDeak and opened the discussion to the Council. Mr. Roberts referred to the miRutes from the Plan~ing & Zon- ing Board hearing and stated there was a compromise suggested for a C-1 piece and questioned the location of this. Jar~is pointed it out on the map adjacent to the canal. Mr. Roberts asked how many feet in from the C-4 it was located and ~. Griffith informed him that there is 155 feet between property lines. Mr. Roberts questioned the depth eastward aud ~. Jar~is informed him it was 308 feet east and west. Mr. Harmening clarified that the C-1 piece was 2.68 acres. M~. Roberts r~ferred to it being a ~uf£er to the C-3 an~ Griffith replied that it will be a ~uffer from the C-4 and clarified that C-1 was being suggested between C-4 and C-3. He does not th~W a buffer is needed between these z~nes and it is ~sually required between residential and commercial. It woul~ be going from C-4 to something higher and he does not think it would be necessary to have ~-1 in between. Mr. Caldwell referred to C-2 being to the Rorth, C-4 to the west, the railroad and ~-95 to the east, and the south not proposed for development and clarified that it was surrounded on three sides by non-residential zoning. Every~ing around this is already commercial. He does not see where the spot zoning argument is true in this particular situation. It would almost seem like reverse spot zoning to make this resi- dential. N~. Roberts referre~ to the ingress and egress and asked if the 80 ft. right-of-way was in the center of the property and Mr. Annunziato explained how it lined up with the median ~eing towards the west on the property. Mr. Roberts referre~ to needing ingress to the rest of the property eventually and asked if this would be sufficient and Mr. Annunziato replied affirmatively. M~. Harmening referred to this property being surroumded with existing zoning of C-2, C-4, the railroad and 1-95 and stated he could understand the peoples' feelings against it and objections to it. However, if the City does not zone this ~roperty for its best and highest use in connection with what zs existing in the adjacent area, it will cost the City more paying for attorneys, fees because the developer will sue us and he feels he will win. We can delay it by turning it down, but the court, in his opinion, will rule in favor of the land owner. We have no options or alternatives and he could even get C-4 out of it through the court. The only thing gained ~ould be possibly ~½ years and we would be out our own co~t costs and the plaintiff's court costs, it would be an exercise in futility. -12- MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA APRIL 20, 1978 A man in the audience referred to there being a lot of resi- dential property around this, but if this becomes commercial, they will want to rezone the rear portion. M~. Harmening agreed that it was very possible they will come back and ~yor Jackson added that would be another case. Mr. Harmening explained how some of the people present would probably feel like this is o~t of their neighborhood once it is built. He has no ide~ what motel isggoing in there and doubts that the gentlemen here proposing the change know for sure. He explained how it would probably be a fairly decent asset and stated again that he did not think the City could win a law suit in this matter. Mr. DeMarco questioned the plans for the area closest to the canal on the west side and Mr. Griffith replied that Mr. Jarvis has stated that he would not object to a h~$ght limita- tion, but they must consider the restrictions in the area adjacent. He referred to the other commercial property and stated it seems it would have been the normal conclusion to zone this commercial also. He told about Ramada Inn being interested, but explained how approximately $~O,OO0 must be spent in surveys for motels and this has not been done until the zoning is obtained. He explained how the development would be limited according to the zoning r~quirements. ~. Roberts referred to Boynton Beach being a nice quiet village when he moved here, but people kee~ pouring in. Somebody allowed Leisureville to build houses with 10 ft. side setbacks, but this is the facts of life. He enjoys living in LeisurevilIe, but hopes nobody comes a~ong and gets permission to do anything like it. Since that time, laws have been changed, densities~ have been changed, e~c. He pointed out that there was a large canal with a vegeta- tive buffer separating this property with on~ a few homes across from it. He exolained how things must change and growth could not be st~pped. He referred to a city not being able to survive with residences alone ~d told about coming from a small village with a few stores and how the taxes h~d increased. He referred ~o certain areas being better zoned commercial than residential and stated he would not want a house in that area against 1-95 and the railroad. ~t must be considered that no homes are abntting this small piece and there will be a buffer. The building plans must he submitted to the Planning & Zoning Board and City Coun- c±l and they can be rejected on the basis of not being com- patible to the surrounding area. Mayor Jackson replied that she agrees about the statements of Leisureville. She told about lively meetings with people opposing Leisureville when it was planned, but it was granted and the people are glad they are here and it changed the whole aspect of the City. ~s M~. Roberts ~aid, just because MI~UTES . SPEC/AL CITer COUNCIL ~EETING BOYRTON BEACH, FLORIDA APRIL 20, t 978 we are here, it does not mean we can clos~ the doors. When she first came to Boynton Beach, there were only 2,500 people here. Some of the letters received said they wanted Boynton Beach tQ be~a retirees, City. Boynton Beach is not a retirees, City. It is a well balanced City with adult condomini~ms, aps~tments, areas with families, etc. We need a good rou~uded City. tn reference to 1-95, it changed the aspect of the City. Wherever Interstates go through, it means people are going to he hurrying through your town and not stopping. Probably e~eryone stayed at a motel on their~trip down here suud we should welcome people to come in and stay at m motel and see our nice Cit~. Traffic will always increase, if we find we are having traffic problems, it is up to any governing body to see they solve any problems. She is sure there will never be five traffic lights along 15th Avenue. She does listen to the Deople, but must also consider what is good for the whole City. We do need jobs for the yo~ug people to help the older people. We need people living here that havejjobs and need places where they can work. If there are businesses, we will keep the ~oung people here. We don't wart to be a City of retirees. Our lives would be empty if some young people were not around us. Some of letters received mentioned something ~cret about who owns this property and she explained how Mr. Jar~is was the trustee in 1970 and previously, there was another trustee. ~. Harmening stated that originally this property was zoned 0-3 before the rezoning in 1975. The Council at that time adopted the policy that any acreage within the corporate limits of the City ~ould be put into a holding zone which ~as the highest classification. That is the reason the property is listed presently at Mr. Roberts referred to the shopping mall mentioned and told about plans being submitted in 1974 which went to the County. Mayor Jackson added that a shopping mall was planned in 1968 south of the iTV Center which was a selling point of Leisure- ville. ~. Roberts told about the other shopping mall ori- ginally wanting to remain in the County ard stated that we hope that this mall will be in the City. Many situations are being worked on and there will be water. He would be the first to suggest a moratorium if we were faced with a problem like Delray. It must be realized if we ~_re going to have a shopping mall and traffic, we should collect the taxes. We ~happen to be the only City holding the line. We happen to be one of the lowest taxed communities around e~d we do not have any high rises, which bring in 9~ite a bit of revenue. He personally does not feel this will pose a hardship. It is a tough decision to make, but we must accept a little bit of business in the proper spot. ~yor Jackson referred to many of the letters stating that this is going to ruin property in Leisureville and she would like to ask how many of the people have had the value of MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~_PRIL 20, 1978 their houses go down? Nobody has in the City of Boynton Beach. There are even places in the north end which have sold for more. Me. Caldwell made a motion that the City Council approve the recommendation in its entirety of the Planning & Zoning Board to rezone the Jarvis property taking into consideration the C-1 and C-3 zones with all the stipulations and recommenda- tions as presented this evening. Mr. Harmening seconded the motion. Under discussion, Mr. Caldwell stated that commercial prgpert~, esp?cially when laid out like this, has put less of a Geman~ on City utilities while bringing in more revenme for the City. He suggests that the people involved open their hearts to this concept. If residences were built here, there would be ~ greater demand on ~ity services and would require expansion of our acllltles. As requeste~, ~s. Padgett took a roll call vote on the motion as follows: ~ice Nayor Harmening - Aye Ma~or Jackson - Aye Councilmsm Roberts - Aye Councilman Caldwell - Aye Councilman DeN~rco - Aye Motion carried 5-0. ~GREEME~ FOR THE Rm~LOCATi0N OF UTILITIES ON S~CREST BL~D. F~. Kohl referred to being requested to check on this and advised that there is no chance this year that the State Legislature will pass the bills mentioned by Me. Harmening. F~. H~mening agreed. Mr. Caldwell moved to remove from the table the discussion of the utility easement on Seacrest Boulevard, seconded by N~. Roberts. Motion carried 5-0. Pk~. Harmening moved the adoption of Resolution No. 78-X, seconded by Mr. Caldwell. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Nsjor Jackson Aye Councilman Roberts Aye Councilman Caldwell Aye Councilman DeMarco - Aye ~ice Mayor Harmening - Aye Notion carried 5-0. OTS~R M~. Roberts referred to usually at a Special Meeting the items ~re listed, but the law provides that if the Council agrees another item can be added which will not affect the MII~UTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1978 City. He would like to clea~ up one item which was in refer- ence to the Community Relations Board. In view of the con- tinued publicity and continued harangue by a member we voted to dischs~ge, he thinks we should clean it up at this parti- cular moment so we can start with a clean slatel He asked if the Council members were in agreement to complete this matter. Mr. Caldwell replied that the only objection, he really feels regardless what was said in the newspaper, we should afford the man more time than two days to calm down. Mr. Roberts clarified that the member was asked to make a statement and if he doesn't, he would be removed from the Board. Ee thinks this small item can be straightened out. ~. Eutlin has said in no way will he appear before the Council.and he will,not resign. Mayor Jackson asked who was agenda and the vote was 4-1 senting. in favor of putting this on the in favor withMr. Caldwell dis- ~. Roberts stated that he thinks Mr. Kutlin should be noti- fied that the Council discussed the racist remarks which he presented to the press and the items contained in the Commun- ity Relations Board minutes recently, which are not in con- formity to the facts, and as far as he is concerned this conduct is detrimental to the Board and Cit~ and he moves to ~erminate Mr. Mutlin,$ services. ~. Harmening seconded the motion. No discussion. Motion carried 4-I with ~. Caldwell dissenting. ADJOS~A~NT N~. DeMarco made a motion to adjourn, seconded by Mr. Caldwell. Motion carried 5-0 and the meeting was properly adjourned at 9..5 P. M. ~ ~~City Clerk Recording Secretary (Three Tapes) CITY OF BOYNTON BEACH, FLORIDA Y Councilm~ ~/// Councilman Councilman