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Minutes 12-14-95 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA. ON THURSDAY, DECEMBER 14, 1995, AT 4:00 P.M. PRESENT Gerald "Jerrs' Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tern Shirley Jaskiewicz, Commissioner Sidney Rosen. Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kmse, City Clerk CALL TO ORDER Mayor Taylor called the meeting to order at 4:00 p.m. and offered the invocation. The Pledge of Allegiance to the Flag was led by Mayor Taylor. CONDUCT A PUBLIC HEARING ON PROPOSED ORDINANCE NO. 095-45 AMENDING THE 45~ HEIGHT LIMITATION WITH SECOND READING AND FINAL VOTE FOR ADOPTION. City Attorney Cherof read Proposed Ordinance No. 095-45 by title only. Mayor Taylor announced that this is the third and fi~ml public hearing on this ordinance. He opened the public hearing. John Liuzzi, 4700B Robinwood Terrace, was against increasing the height. He said it would only be a matter of time before another developer will want the same consideration, and if he does not get it, it will be another court case which we will lose. He said this will not generate extra taxes because of all the extra services that will be required (traffic lights, water, etc.). David Geller is a long time property owner in Boymon Beach. He owns a couple of stores on Federal Highway on the south side of Ocean Avenue. He is a charter boat captain and Vice Chairman of South Lake Worth Water District. He vehemently opposed a ten story building in Boynton Beach. He said it is like putting an elephant in an ant nest and does not belong here. He said we will mn into serious difficulties with fire protection. In addition, the docks are going to be for the. people who live in the condominiums, and this will eliminate the fishing fleet. Harry Stein stated that this Commission is relying in great degree on an opinion from the State Attorney Ge~eral, which is purely advisory and does not have the force of law. He said the MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 City will leave itself open to lawsuits. He read a portion of the State Attorney General's opinion. Fie did not think the Commission should fight the will of the people when they overwhelmingly voted in 1982 to reject the height increase. He pointed out that the soil is contaminated in this area and that this will decrease the property value. He said an increase in height will affect the lives of many people for many years m come. Jim Warnke, 617 Lakeside Harbour. stated that the Commission was elected by a majority of the voters. In 1983, 78 percent of the voters turned down new height limits. He asked if the Commission is going to listen to the vote of the citizens or a developer in the Chamber of Commerce. He asked the Commission not to mrn their backs on the residents who put them in office. Saundra Alvaroe. 680 N.E. 15th Place. is Secretary of the Inca Home Association and an alternate on the Code Enforcement Board. She was against this ordinance for the following reasons: 4. 5 6. 7. 8. Ramada Inn on Federal Highway closed due to lack of business. Holiday Inn at [-95 and Boynton Beach Boulevard went to an express hotel and closed their dining room. bar, and nightclub for lack of business. Dekay Beach has no high risers in their redevelopment plan and has changed their city by getting rid of drugs and prostitution and cleaning up the bad areas. Boca Raton's Mizner Park has only six story buildings and is a huge success. Boynton residents will not have a tax reduction. The new money will go to community redevelopment agencies. The voters did not approve it in 1982 and should have the right to vote in 1995. Until Federal Highway and its existing businesses get a face lift, nothing will bring tourists to downtown Boynton Beach. There was an article in the December 1 issue of the Palm Beach Post quoting Tim Frank, the Town Planner, as saying that West Palm Beach fears that a master plan to allow 15 story buildings besides their 5 story buildings will decrease their sale value. This was per Tim Frank, the Town Planner. Ms. Alvaroe suggested that Boynton Beach try to buy the Bay Club, since the City owns the land beside it. This is directly across from the inlet on the wide part of the Intracoastal. It has a beautiful view and access for the boaters. 2 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 10. 11. 12. 13. 14. 15. There is also access from 1-95 and Gateway Boulevard directly to it. There is a beautiful building already to be used. The docks and marinas are already there, and the land is nor contaminated. Other city marinas in the State of Florida do not have hip:it rise hotels beside them and they flourish. You must remember the view from the water as well as the City. The contamination and the time and money it will take to correct this problem. If she wanted to live in a big city and see high risers, she would have lived in Miami or Ft. Lauderdale. We have no proof that the marina will be built, regardless of height restrictions. She was afraid Boynton Beach will end up like West Palm Beach where they tore down all the old buildings and nobody wants to develop it. Boca Raton changed their restrictions for the Scott Paper Company and now they are leaving the area in less than a year, as is IBM. They are going to have all these unemployed people and empty buildings. Boynton Beach!s tax base is higher than Boca Raton's and we have nothing to show for it. Ms. Alvaroe was tired of promises that never materialize from our leaders. George Whitey, 2389 S.W. 9th Avenue. read a letter that he sent to Mayor Taylor in response to Mayor Taylor's letter in the Boynton Times. When he closes his eyes, he sees a new marina that is atypical of the usual monotonous pastel colored concrete boxes prevalent here. He sees a marina which looks like a typical New England fishing village with quaint shops, restaurants, designed and decorated with a nautical motif. He sees a Boynton which dares to be unique, different, and tmswayed by outside pressures to conform. He sees an opportunity for downtown Boynton, unlike the communities north and south of us. He sees a chance to avoid the stigma of "when you've seen one. you've seen them all". He did not see over priced high rise hotels, motels, and condos empty for a good part of the year. He said high priced hotels bring high priced prostitutes rather than drive them away. He did not see high risers going on skyline in the quest for the almighty dollar. However. when he opens his eyes, reality sets in. Now he sees taxpayers paying a mi/lion dollars to t-tx the ah- in City Hall, and $900.000 per year for 14 more years to settle the Tradewinds debacle. He saw a Commission willing to negate the will of the people so they could lift height restrictions. He MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14. 1995 saw an administration that made its progress in terms of tax revenue instead of the quality of life. He saw a return to taxation without real representation. Amy Nickel lives in Yachtman' s Cove. She was not in favor of this proposed ordinance. She said she and her husband moved here a year and a half ago from Ft. Landerdale to get away from the congestion, commercialism, and high risers. She pointed out that there are so few beaches left in South Florida that do not have high risers. She felt it would be a shame to rain the beaches here. Bob Gill said a long time ago, we voted on building height restrictions. He thinks we are being disenfranchised by perhaps as little as three or four people on the City Commission. He thinks that is wrong. He asked for a chance in another referendum to see what happens. He said this is our City. It does not belong to three or four people. Nick Cassandra. 8852 Jasper Drive. stated that the opinion of the Attorney General is useless, and adjudication ts necessary by court. He said you will probably have high risers throughout the City because you cannot be selective. He stated that 95 percent of the tax collected in the community redevelopment area goes to the downtown development area. The services (police, fire. sanitation, recreatior/) that are provided to that area are paid for by the other taxpayers of the City. Therefore, if they have to pay for the services that would go into downtown development, they should have the right to decide if they want that type of image for the_City. He said Mr. Simons also submitted a plan that stays within the 45 foot limit. He recommended that the Commission put this on the referendum and let Mr. Simons submit both plans, contingent upon how the vote comes out Therefore, there would be no window of delay. He quoted former mayor and commissioner Joe DeLong as saying that the Commission is elected by theipeople, serves the people, and the will of the people should decide upon what this CiLv should be. He strongly recommended that this Corrmaission reconsider putting the height limit to a :referendum. Ben Uleck, 1507 S.W. 17th Avenue. hoped the Commission would put this to a referendum. He said he bas spoken to several attorneys who said that if this is passed, the developers will be standing in line to sue the City. Mr. Uleck felt there should be a height limit if this is passed. Russell Shaffer. 722 S.W. 18th Court, said he attended two campaign breakfasts and both candidates stated that the 45 foot limit would not be increased. He said the developer 4 MINUTES SPECIAL CITY COMMISSION MEET/lNG BOYNTON BEACH. FLORIDA DECEMBER 14, 1995 submitted a plan that would meet the current standards. He suggested putting this subject off until after the next election and then seek reelection on the basis that you are going to raise the limits. Vivian Spielbichler, 621 Shore Drive, said this town has the potential to look like Sanibel or some other low key town. She would like to see more trees planted. She urged the Commission to take the citizens' wishes reader advisement. She said many people like the Banana Boat, the f'zshing fleet spot, and the Boynton Inlet area, and would like to be able to get out there in boats and see all the birds that are nesting in the mangroves. Anastasia (last name unknownt. 647 N.E. 8th Avenue, opposed the height change. She is pro downtown development; however, she did not feel it is part of Boynton Beach. She pointed out that there is no restriction in the proposed ordinance. She did not like the fact that the public has no voice in this matter. She did not feel that five or six people should speak for an entire town. She pointed out that we want to clean up the contamination whether or not the land is going to be developed. It did not make sense to her to put a high riser right next to a nature park, She liked the boats and quaintness of this town. William Smith. 311 Country Lane, was 100 percent in fa~ or of improving the area we live in and its tangent areas. However, he would like to delay this matter, if possible, so that the people can have a referendum. David Showalter, 3705 Diane Drive. lives in this community and has a business on Federal Highway. His customers are solicited by prostitutes. He would not like to take his family to this area in the evenings. He encouraged the Commission to remove the height limitation. He said development of the downtown area west of the Intracoastal would serve as a catalyst for development throughout the area. He strongly urged the Commission to make this management decision. He said a mumcipality is a business and the Mayor and Commissioners are managers. He felt the City would be best served by the removal of the height limitation. Lloyd Powell spoke as Chairman of the Community Redevelopment Advisory Board and as a business owner and operator in the City of Boynton Beach for 15 years. He said the Commumty Redevelopment Advisory Board made a recommendation that the height limitation be removed in certain areas, one of which happens to be the downtown redevelopment area. Mr. Powell pointed out that the business people pay a higher percentage of the tax base than MINUTES SPECIAL CITY COMMIS~ON MEETING BOYNTON BEACH, FLORIDA DECEMBER 14. 1995 any resident within any municipality. He hoped the taxes he pays go for the support and betterment of the City as a whole. He stated that if we can increase our tax base, it will be much easier on all the citizens of Boynton Beach. In response to Mayor Pro Tern Matson, Mr. Powell advised that he does not live in the City limits: however, his business is located on Federal Highway, just inside the expanded CRA. In response to Mayor Taylor, Mr. Powell advised that he has been in business for 15 years in the City of Boynton Beach. Captain Geller commented that he has been in business in Boynton Beach for 42 years. Debbie Tornello. 752 Ryder Road. has lived in Boynton Beach for 11 years. She serves on multiple boards in the City. She is involved with the playground project. Every Saturday and Sunday morning she picks up garbage along Federal Highway. She said if raising this height limit in this very small area is a chance to make Boynton Beach better, get rid of the prostitutes, and revitalize the downtown, it is a chance we have to take. Sal Decanio, 917 Chapel Hill Blvd.. supported raising the height limitation. He is a native of Boynton Beach. He has been here since 1958. He is also an owner and director of Pall Beach Eyes on Boynton Beach Boulevard. His wife and he also own the building there. He shared some of his frustrations in trying to make improvements on Boynton Beach Boulevard. He spent thousands of dollars on signage, landscaping, etc.. m try. to attract more business. However. he did not get much business by being there because of the reputation of the Boulevard. As a result, he has served two years on the Chamber of Commerce Downtown Development Committee. He is now President of a newly formed organization called the Boynton Beach Boulevard Association, whose intent is to try to improve the image of the Boulevard. This organization represents business owners, merchants, and property owners from 1-95 east to Federal Highway. The Mission Statement of the Boynton Beach Boulevard Association is as follows: "We work to enhance the image of Boynton Beach Boulevard and encourage changes to improve the area business climate." Consistent with that mission would be to raise the height restriction in the downtown area. He said we all are out to improve our Ica, our environment, and the quality of our lives. Raising this height restriction would allow some badly needed development. Mr. Decanio has had a difficult time trying to get another doctor to join his practice because of the impression that people get when they travel the Bbulevard east of 1-95. This has not allowed his business to grow to the next level The Boynton Beach Boulevard Association has a wish list of many owners who wish to make improvements to their property, but have had a difficult time trying to do so because they do 6 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 not know what they are going to get in return. He pointed out that nobody makes an investment without expecting some type of return. Bill Lynch, 1912 S.W. 16th Avenue. has been a resident of the City for 20 years. He pointed out that for at least 15 of those years, we have been looking for some kind of development to be done dowmown. He voted to hold the height limit at 45 foot. However, once in a blue moon a window of opporttmity comes by so that the City may progress and grow. He hoped that if the City Commission agrees to this change, that they would limit this to the downtown area. He also hoped that future Commissions would do the same thing. He did not think the Commission should let this slip through their f'mgers. He hoped the Commission would vote in favor of this. Sheena We'mstein. 4 Range Place, has been a resident of the City for 15 years, and a homeowner for 10 years. She was in favor of lifting the height limitation. She felt that if it is lifted, it will enhance and revitalize the downtown area and would be better for all the citizens in Boynton Beach. James Miriana, 728 N.E. 8th Avenue. was ~n favor of eliminating the 45 foot height limitation for the Central Business District. He felt this would improve the City. However, he would not want to see it spread throughout the entire City. He said we have to place our trust in the Mayor and Commission to see that this is going m happen in the Central Business District only. We have to take the first step in the right direction. He thinks this is the first step. However. to ease the fear of some of the people, he thinks a height limitation should be included. He stated that if you change the downtown area. the entire community will change. Cai Cearley, President of Prime Bank in Boymon Beach and Chairman of the Board of Directors of the Chamber of Commerce of the Greater Boynton Beach area, stated that ten years ago he formed the Prime Bank in Boynton Beach because he wanted to be in this community. Eight years ago he opened a branch downtown next to the old Sun Bank which he started 25 years ago, when it was Flagship Bank. He financed a lot of homes in Leisureville when he first got here. He said he was afraid to bring ins wife to downtown Boynton Beach m night. In his downtown branch, he employs 20 people. He wants m rent the top floor of the building and move his operation center there, which is going to bring at least 20 more people to downtown. He would like to think that when he brings these people downtown, there is going to be a safe place for them to live and work. He said we have been trying to do 7 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 something about downtown for 25 years. The bridge tssue has been on the table for longer than that, and we still have not solved that problem. This is an opportunity for the Chambers and the business people to get behind an effort to revitalize the downtown. We have to start some place. Over nine hundred business owners asked the City Commission to look into this, put their hearts into it, and do what is right, He said, "Let's have some vision for the future and let's get on with it." Mike Bottcher, 148 S.W. 24th Avenue, has been a resident of the City for 37 years. He has witnessed a lot of growth during his tenure in the City. Most of the growth has been to the west. It has been good, clean growth. Unfortunately, it has taken away from the downtown. He has watched neighbor'mg cities grow over the years and do a good job in planning and revitalization. He believed it was tune for this City to do something with the downtown area. Robert Foot has resided at 2400 S.W. 1st Street since 1980. At the time of the referendum aud at the present time. neither he nor his wife favor taking responsibility or authority away from the City Commission. He has confidence in this Commission and future Commissions to make the right decisions. His wife has a business on Ocean Avenue not far from the marina property. It is important to her and others in that area for the viability of that business area to have it in a progresstve mode. He said we have to support the entire community through the redevelopment of downtown. Janet Hall has resided at 700 Casa Loma Boulevard since 1956. She advised that the mangroves comprise about 18 acres of the downtown property, which leaves a very confined area north of Ocean Avenue and east of U.S. 1 for development. This is one of the reasons that Mr. Simons has asked for release of the heiCtt limit. There really is no other way to go but up because of park'mg problems, canals, and geographical conditions. The mangroves take up most of that whole area. She owned that piece of property in the past and was forced to sell it. She talked to several hotel people in the past and there just ts no room to build a hotel in that area. Mr. Simons presented another plan: however, that plan was strictly residential, which Ms. Hall felt was the worst thing we could do for downtown. She stated that we have been advised many times that we need a mixed use. John Alvaroe. 680 N.E. 15th Place, has lived in and around Boynton Beach since 1946. He felt this is definitely needed to improve Boynton Beach. However, he tbink~ there should be some restriction on it. 8 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14. 1995 Beth Delahan, represented the Realtor Association of South Palm Beach County, which has approximately 2,700 members. She distributed and read a letter addressed to Mayor Taylor in support of the proposed marina project and the elimination of the current 45 foot height restriction on a site by site basis in the Central Business District Bill Finley lives in Ocean Ridge; however, he owns a business in Boynton Beach. He was in favor of changing the height limitation. This action will make a public contribution to the ske, which you will get back in taxes many times over. To deny it would be removing potential value. Jos6 Rodriquez has resided at 2810 S.W. 8th Street for 22 years. He supported the lifting of the height restriction. However, he would like the mangrove area preserved. He was concerned about the development of the downtown area. He felt the failure has been. m part. due to the lack of involvement by the previous Commissions of the City. Jos6 Aguila. 800 S.W. 1st Court. said he has been a resident of Boynton Beach for 17 years. He said if the downtown continues to deteriorate at the level that it has been in the last 15 years, it is going to have an effect all the way to the western limits. We cannot compare Boymon Beach with other cities. Other cities have their umque elements that make for their own successes and failures. They have a different tax base than we do. We have no tax base, except our residents. We are not going to be able ro continue to impose all of our debt on our residents. We did not raise taxes in four years, but we cannot continue not to raise them. We need to come up with a different tax base, and this is a perfect opportunity to do something at a time when it makes sense. This does not compare to Tradewinds. If the Commission goes to referendum every time they have a difficult decision to make. nothing will ever get done. Every opportunity for growth has come and gone and if we let this one go, we are going to continue to be a nowhere town. The ordinance should not be open-ended. A reasonable limitation should be placed on the heigCtt, based on today's economy. He suggested considering a Special ActiVities District where some of the rules are a little different and unique to those particular areas because of what they have to offer. James Titcomb. 3045 Pinetree Lane, owns property recently annexed into the City. He has lived in this area since 1980. He was in support of increasing the height limitation. He said the downtown is our weakest link and needs improvement. There is a prostitute problem. He would like to see this town. which has suffered from an image and perception problem for a 9 MINIYrES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14. 1995 very long time, to take hold of a pinnacle project. This seems reasonable and a good use of this site. He felt the City would improve by this. Kathy Shabotynski. President of the Greater Boynton Beach Chamber of Commerce, presented the position of the Greater Boynton Beach Chamber of Commerce, which represents over 550 businesses ia the Greater Boynton Beach area. The Board of Directors of the Chamber of Commerce support the adoption of a resolution by the City of Boynton Beach to allow an exemption tothe 45 foot height limitation in the Central Business District on a case by case basis. The Chamber realizes the urgency of this issue and recommends swift action to encourage development opportunities. The Chamber believes this will help improve the quality of life for all citizens. Bill Martin, 4398 Caryota Drive. has been a resident of Boynton Beach for 12 years and a local banker for 22 years. In todayrs world of banking and finance, if the economics are not there, it will not happen. The main reason that this prime piece of downtown property is vacant and in decay is because no one has been able to devise an economically viable project that is desirable and attractive to the City under the existing development constraints. We need to give our City and its citizens an opportunity to have a signature buitding with a pedestrian draw that we can all be proud of. We have not been able to do this to this point. but maybe by increasing the height limits in specific areas of our City, particularly in the downtown waterfront area. we will be able to do that. The vacant piece of property downtown will not improve itself. It will only get worse unless someone puts some money into it. By permitting our downtown to be developed in an economically viable manner, our tax base will increase. Any viable project to be built downtown will also create jobs and increase tax revenues. Bob Taylor; 700 Lake Street, strongly supported the lifting of the height restriction white we have an opportunity to do something positive for this City. Mary Moriarity, operates a business at 209 N. Federal Highway. She was in favor of lifting the height restriction. However, she would like somettfing done with the area besides this. She said Boynton Plaza is disgraceful and littered with trash. It is not going to help to lift the height restriction unless everyone in the area cooperates. We should do this without delay. Harvey Oyer, 227 S.W. 15th Avenue, owns three buildings on the 500 block of East Ocean Avenue. He was in favor of lifting the height restriction east of U.S. 1. He said if you go in 10 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14. 1995 under the current zoning and build condos, you deny the public access to the [ntracoastal, which has been used by people in this community for years. He commended the Commission for insisting on a type of use that leaves this open to the public. He was not as concerned with trying to raise the tax base or the values. He said these will come. He think~ the real crux of the matter is the amenities of living in Boynton Beach. and the ability to have an identifiable. attractive area for people to go to. J/an Darst is a businessman in this community and has resided in this community for over 20 years. He was present on behalf of the Mangrove Walk Neighborhood Association of which he is a director. This is a newly formed association. They are trying to fix up their neighborhood. They are in favor of increasing the height limit in the downtown area. They feel an improved downtown will also help their area. Betsy Walshime lives on Federal Highway in Water's Edge. She said she cannot walk at mght because it is too dangerous. She felt the height limit should be raised. She stated that we need economy and money for taxes. She felt property values will increase. Doris Pastl is a resident of the Greater Boynton Beach area. She asked the Commission not to let Boynton Beach grow old by not lifting the height restriction. No one else wished to speak on this ordinance. Therefore, Mayor Taylor declared the public hearing closed. Vice Mayor Bradley would like to see some wording in the ordinance regarding the height not exceeding 100 feet. However, he did not think equipment on top of a building (air conditioning, etc.) should be considered part of the 100 feet. He stated that City Manager Parker and former City Manager J. Scott Miller have done an admirable job keeping taxes down, considering the debt that we face every fiscal year. However, that is about to end unless we can expand our tax base. He saw this as the beginning for change in Boynton Beach. It is crucial that we take this opportunity to allow the right kind of project to happen on the 7 acre parcel down by the water. He believed a referendum would be nice if we could do that. However, the window of opportunity is now. He is up for re-election in March and believes that the voters in this City will re-elect him if they believe that he has done the right thing. He said his future lies in the voters' hands, and the City of Boynton Beach's furore lies 11 MINUTES SPECIAL CITY COMMISSION MEETING BOyNTON BEACH, FLORIDA DECEMBER 14, 1995 in the lifting of this ordinance in this particular area as a nonConforming use, which the Commission has to approve on a case bY case basis. In response to Commissioner Jaskiewicz, City Manager Parker advised that the downtown was devalued approximately $2 million during the last property assessment. Commissioner Jaskiewicz stated that every one of us whose assessments were raised slightly are making up the difference. We are already paying to keep up that particular area. She stated that at a workshop, Mayor Taylor had brought up the idea of purchasing the Bay Club. However. we would first have to have the tax funds. She said Mr. Simons submitted two plans; however, one of them did not meet our objective to allow the community access to this site. She agreed the ordinance should contain a height limit She pointed out that it is irrelevant whether or not we put this to a referendum because even if it was voted down, any subsequent Commission could change it at will. She said the demographics of our City have changed drastically in the 13 years since this referendum was originally set forth. She felt if this were to go to referendum today, people would realize that a 45 foot limit is archaic. She was not in favor of high risers. Sim said this is zoned for a very specific, small area. which should not affect anybody, exceptqn a positive way. She felt she was acting in the best interest of the City and that this should not ~tave any detrimental effect on the City. She stated that the only way we can go with development is up. She said there will not be 20 story buildings all over the City. Mayor Pro Tern Matson spoke for the people who she serves, and without intimidation. She said she received many phone calls over the last couple of weeks from the residents of Sky Lake and Dos Lagos, who are concerned that the height limit will be increased in Quantum Park. Mayor Pro Tem Matson said many people moved to Boynton Beach to escape the concrete canyons of larger cities. She came here enticed by the image of our City, Gateway to the Gulfstream~ a fishing village. When she thinks of a fishing village, she thinks of Bayside in Miami, Sou~ Street Seaport in Manhattan, and Mystic Seaport in Connecticut. None of those seaports a~re mote than four stories high. Most of them have two stories. She said people have spoken about the need for a high rise hotel for the revitalization of downtown. She pointed out that the Ramada Inn did not flourish. In fact. it is now a residence for s~nior citizens. She heard that a k!gh rise hotel will serve Motorola executives. She pointed ou~ that the Motorola executives wduld use, and do use, Holiday Inn Catalina on Congress Aven~te, which is right across from/V~otorola and which, quite frequently, is not at full capacity, oteven half capacity. 12 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 14. 1995 She said many plans have been brought forward over the past years, and she has supported each and every one of them. She did not see today's issue as one of "to revitalize or not to revitalize". She sees ~r as an end run around the will of the people. When 78 percent of the residents speak resoundingly against an issue, she believes they deserve to have input. The demographics in the City have changed over the past years. She thinks if a vote were to be taken, the people may vote to increase the height limit. However, she felt we need to include those who we serve as part of this important decision. She stated that we are proposing to change the height limit for someone who brought forward a project without financial data, references, or information on pending litigation. She felt we have the fiduciary responsibility to the taxpa,vers m accept an RFP that is fully disclosed. Beth Delahan spoke about property rights and changes to the height limit on a case by case basis. Mayor Pro Tem Matson said Ms. Delahan is absolutely right. She stated that there is a lot of legislation that has been coming down the pike on property rights. Therefore, we must take into consideration that once you open the door and put your foot in. there is going to be somebody behind you shoving you all the way through that door. You can have zoning specific areas and only allow it in certain areas; however, that is not going to preclude someone from filing a lawsuit. She is concerned about an open-ended ordinance and she felt the strncmres on the top of the roofs need be included in the height limit. She was also concerned about a fire and safety problem. Even though our aerial truck will reach 100 feet, it cannot reach the top of a hundred foot building because aerial ladders do not go straight up. When swift action is requested, she said one needs to ask why. She felt we should ask the residents in March when they go to the poles to cast a straw vote, for their inpm Commissioner Rosen said he was in Danla several weeks ago and saw Bass Pro. one of the most exciting exhibits and retail establishments in the country, which attracts over 400,000 people each year. He also saw several eight to ten story buildings (Hilton, Sheraton, and Quality Inn). He believed the primary reason we lost Bass Pro to Dania is because we have no hotels to accommodate the 400.000 people who come to Bass Pro each year. Commissioner Rosen said he is sitting at the dais to make a difference. 13 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 Mayor Taylor commended former Commissioner Aguila on his speech. He said it summed up his own feelings. He stated that we are not lifting the height limit for any one developer. He advised that we only discovered that we had the opportunity to lift the height 1/mit when we went through the process of sending out RFPs. If the height limit is lifted, we will probably have to go back out for RFPs. With regard to the comment that the money will go to the CRA and not this community, he pointed out that downtown is part of this community. He said everybody wanted a historical museum. He pointed out that it will cost about $100,000 a year ro maintain and operate that museum. If we bring in another $149,000 into the TIF money, we could possibly get the money to support this museum. He advised that Boynton Beach is not going to develop itself, so we have to make a change. With regard to the fire safety issue, he advised that fires in tail buildings are fought from the inside, not the outside. He said we researched this maner and are not making a snap decision. He pointed our that the Ramada Inn was only one unit. We are talking about an entire 7 acre development with shops, boutiques, stores, and restaurants. We are talking about a substantial $30 to $40 million investment into downtown, which will have a ripple effect on other areas. This will be the catalyst we were looking for. He did not object to putting a limit on the height increase. He said he grew up in Miami and knows what it is like not to be able to go ro the beach and to look at nothing but rows of condominiums. He said we are not going to do that here. With regard to the comment that people are not going to be able to see the ocean, he pointed out that we do not own A1A, and we are not erecting buildings there. We are talking about one building, and a 7 acre plot of ~avel and dirt that has been sitting there for years. We are talking about investing $40 mill/on in it.' He did not think this is going to stop anybody's view of the water or sun. We are talking about a business decision. He does ~ot intend to be walled in or see big buildings go up all over this community. He said he talked to the people who were here when the referendum was passed and at that time. they were concerned about buildings going up all over Congress Avenue. The downtown area was never talked about. This is not what we are proposing. We are proposing redeveloping the downtown, starting to make something happen, and creating the change that we promised the people. He thinks this is the opportunity to do it, but we have a small window to do it in. It is a tough issue and he thinks this Commission needs to make that decision. This is not a government by referendum. This is a governmem of Commissioners. 14 MENUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 At the end of our term, if the people are unhappy with what we have done, they have the right to take us out. But while we are here, we need to look into our hearts and do our best for this community. Motion Vice Mayor Bradley moved approval of Ordinance No. 095-45 with the stipulation that the buildings that are approved have a hundred foot limit, and that appurtenances on the top of the buildings not be included in that 100 foot limit. City Attorney Cherof suggested the following language: "but not to exceed 100 feet provided that mechanical equipment which exclusively serves the structure shall not be included in the calculation of height. - Vice Mayor Bradley agreed to this language. Comm/ssioner Jaskiewicz seconded ~e motion. A roll call vote was polled by the City Clerk. The motion carried 4-1. Mayor Pro Tem Matson cast the dissenting vote. Mayor Taylor thanked everyone for their valuable input. CONSIDER AND TAKE POSSIBLE ACTION REGARDING RESPONSES TO THE CITY'S R.F.P. FOR THE MARINA DEVELOPMENT. City Attorney Cherof reminded the Commission that at the last Commission meeting, he provided the Commisston with a memorandum indicating that if the height ordinance passed this evening, prior to the consideration of the RFP that has been submitted, that this would be a material change. In light of the Commission's vote on the height ordinance, he felt it would be appropriate, notwithstanding any other consideration of the merits of the RFP, that the matter be disposed of in a negative fashion and that the Comtmssion reject all RFPs (there is only one) and direct the administration to go out for a new RFP, advising the public and interested parties that the 45 foot height limitation has been lifted and that responses should be consistent with that. 15 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 14, 1995 Motion Mayor Pro Tern Matson moved to reject the pending submittal of Mr. Simons and direct staff to readvertise for RFP, including the new height limit for the minimum amount of time required by State Statute. Commissioner Rosen seconded the motion, which carried 5-0. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 5:56 p.m. CITY OF BOYNTON BEACH Mayor Vice M'ayor ' ATTEST: CitygClerk Recording Secretary (Three TaPes) Mayor Pro Tem 16