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O84-49AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING CERTAIN PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM M-1 (INDUSTRIAL DISTRICT) TO PID (PLANNED INDUSTRIAL DEVELOPMENT DISTRICT), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, The City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Wade Riley, as Agent for the Riteco Development Corporation, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning certain parcels of land consisting of approximately 86.65 acres, located within the municipal limits of said City, said property being more particularly described hereinafter, from M-1 (Industrial District) to PID (Planned Industrial Development District); and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore recommended approval of the rezoning request; and WHEREAS, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth~ · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to-wit: See attached Exhibit "A" be and the same is hereby rezoned from M-1 (Industrial District) to PID (Planned Industrial Development District). Section 2: That the application of Wade Riley, as ~ Agent for Riteco Development Corporation, for rezoninq of the subject parcels is hereby granted for the purpose of permitting the development of said land as a Planned Industrial Development District (PID), in specific accordance with the Development of Regional Impact Development Order, as set forth in an Ordinance being passed simultaneously herewith. Said development shall further specifically proceed in accordance with the development plans and specifications therefor now on file with the Office of the City Planner in the City of Boynton Beach, Florida, and all requirements, terms and conditions established and set forth in the minutes of the Planning and Zoning Board and the City Council of the City of Boynton Beach pertaining to the review and approval of said application, which minutes are hereby made a part hereof for reference, and staff comments are attached hereto as Exhibit "B" Except as provided herein, the Applicant shall proceed in strict accordance with all Ordinances of the City of Boynton Beach, including but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida, Department of Environ- mental Regulation. Section 3: The aforesaid Revised Zoning Map of the City of Boynton Beach shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this ! 19 8~ SECOND READING AND FINAL PASSAGE this /.dayof THE CITY OF BOYNTON BEACH, FLORIDA ATTEST: (Seal) LEGAL DESCRIPTION: PARCEL ~1 (TRACT ~"K") A Tract of land lying in Section ]6 and 21. Township 45 South. Range 43 East, Palm Beach County, Florida, more particulaply'described as follows: t:onm)e, ncin9 at the Southwest corner of Section t6; thence with a bearing of South 89 '~'~" East, a distance of 40.02 feet to a point on the .East Right of Way line of -,igh Ridge Road; thence with a bearing of North 0:.-49' -21" West, along the East ' Right of .Way line of High R. idge Road, a distance of 70.37 feet; thence lt~rth 0° 38' 00" West, a distance of 2187.31 feet; thence'North 10° 40' 36" East, a distance of 101.98 _feet; thence North 03° 1D' 5]' East, a distance of ]5D.33 ~eet; thence North 28° 2]' 15" East, a distance of 5q.30 feet to a point on the ~uth Right. of Way lin~ of 22nd Avenue; thence with a bearing of South 8~)° 12' 15' East, along the South Right of Way line of 22nd Avenue, a distance of 3DO.OD feet to a point; thence South 77° 48' 55" East, a distance of 283.38 feet; thence South 0° 33' $3" East, a distance of-llOD.]4 feet; .thenc~ S6uth 88° 45~. 3]" East, listance of 1190.14 feet; thence South 88° 45_° 31!' East, a distance of-333.5! feet :o a point on the West Right of Way line of the Seaboard Coast Line Railroad; .hence with a bearing of South 14° 08' 23" West, a distance of 1312.49 feet to j point;-thence South 0° 33' 53" East, a. disc.tan.ce of 26.69 feet;, thence South ' 22" ~3° 15 . West, a distance of 920.57 feet; thence North 88~ 50 04" W~st a dis- tance of 187.6D feet to a pointf thence with~ bearing of itorth 0° 49' 21" l~est, /:a~ distance of 2DO'.OD feet._:, thenc~ NoPth 88°. 50" 04'" West, a distance-~f 2'18.00 feet ~ a 'point on the'East'Right of way line of High Ridge'Road; thence with a bearing of North 0° 49' 2I" West a distance of 698.18 f..eet more or less to the Point of Beginning. Containing 51.644 acres more or less and subject to Easements and Rights of Way of ~:~ecord. PARCEL ~2 (TRACT "L") -~ A Tract of land lying in Section 16, Township 45 South, Range 43 East, Palm BeaJh County, Florida, more particularly described as follows: Commencing at the West Quarter corner of Section 16,~.tbance with a bearing of North 0° 38' OD" West, along the West line of Sectio~¥~;~ ~Oi:stance of 13D.DD feet to a point; thence with a bearing of North 89o 22' OD" East, a distance of 40.OD feet to a point on the East right of way line of High Ridge Road~ thence with a bearing of North O° 38' OD" %-;est, along the East right of way line of High Ridge Road a distance of 1179.45 feet; thence South 88° 22' 56" East, a distance of 1309.67 feet; 'thence South 0° 28~ 21" East, a distance of 113i.68 feet to a point on the Northerly right of way line of N.)';. 22nd Avenue; thence with the following calls along the nor,t, herly right of way line of N.W. 22nd Avenue having a bearing of South 89o 57' 03 West, a distance of 640.21 feet; thence South 81o 24' 25" West, a distance of 3D5.0D. feet; thence North 8B° 12' 15" West, a distance of 339.61 feet; thence North 44° 25' 07" West, a distance of 34.60 feet more or less to the Point of Beginning. Containing 35.010 Acres more or less and subject to easements and rights of way of record. ,." SPECIAL CITY COUNCIL MEETING - BOYNTON BEACH PARK OF COMMERCE CITY HALL, COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA, NOVEMBER ~8, 1984 7:30 P.M. PRES ENT Carl Zimmerman, Mayor Robert Ferrell, :Vice Mayor Nick Cassandra, Councilman Peter Cheney, City Manager Betty Boroni, City Clerk James Vance, City Attorney ABSENT James R. Warnke, Councilman Samuel L. Wright, Councilman Mayor Zimmerman called the meeting to order at 7:35 p.m. and stated the Public Hearing is being held tonight to consider the Boynton Beach Park of Commerce Regional Impact Comprehensive Development Plan and also to consider the rezoning and land use amendments on this par- ticular area. He asked for remarks from the City Planner, Mr. Carmen Annunziato. Mr. Annunziato addressed the Mayor and Councilw stating that as a matter of introduction to the items on their agenda for this meeting, there are three kinds of items. One is the required Public Hearing for the development of regional impact of the Boynton Beach Park of Commerce--in this instance, the comprehensive development of regional impact, the word comprehensive connoting that more than one statutory threshold has been exceeded in terms of numbers of parking spaces or numbers of square feet as the case may be. Secondly, he said the Council will be asked to address the issue of the land use element amendment and rezoning. Great portions of the subject area are currently zoned for single family or other purposes. The applicant is requesting that the land use element of the comprehensive plan show the area as industrial and the property be rezoned to a Planned Industrial Development. The third kind of request is a straight rezoning, that is, the property to the east of High Ridge Road west of 1-95 is currently shown as industrial in the land use element of the comprehensive plan and currently zoned M1. The applicant is requesting that that also be rezoned from M1 to PID. In total, this is a request for a 540 acre project to be known as the Boynton Beach Park of Commerce. Generally, it lies to the east of Congress Avenue, west of 1-95, north of the Boynton Canal and south of Miner Road when it will be built. The property is currently being used for the grazing of cattle, and there are land elevations which range from 40 feet to as low as 9 feet within the regions close to the E-4 Canal on the west. The surrounding properties are the Boynton Lakes PUD, which is under construction, to the northwest; to the north, the Council recently rezoned a tract of land to R1-AA to provide for the construction of single-~family homes in connection with the High Ridge Country Club properties; to the northeast it is currently zoned M1; to the east there is a horse farm and the High Ridge Commerce Park, which is a MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1R84 PID, and the Boynton Beach Distribution Center, which is currently zoned M1. To the east there is vacant, undeveloped land which is zoned RS in Palm Beach County and vacant, undeveloped land zoned R1-AAA in Boynton Beach,' F,O.P.A. site , Curt:~Joa~and _I-95. To the~southeast zoned M1, to ~the ~south is Laurel To ~he southwest the Motorola PID, vacant undeveloped commercial propertY and the Dos Lagos PUD. The uses proposed within the Boynton Beach Park of Commerce are com- mercial, office, light industrial, lakes and wetlands and roads. The acreage devoted to each are: commercial, 27.6 acres~ 11 acres; light industrial, 254.7 acres; lakes and ~ res and roads, 46.5 acres. There are Planned Indu~ an item specific~lly talked aboutlwithin the ~es of the ~hen- sive plan, which says, "Future designa~ Planned districts in the areas indicated for residential or other land use plan shall be considered to conform with the all PID locations and design c] e satisfied by the planning and and kinds of standards ing ba the zoning c first set concerns the re] ship of the building site--not the subject of this discussion, as that refer~ site design criteria. The second ~erns relation~ to the surrounding city intra-struc is the~locationa~l criteria--the relati to major transportation s. Park of Commerce is serv~ peripherally by Congres Hypo] Beach Boulevard and Old Bo~ posed, High Ridge Road tion for development Avenue. All of these th4 Thorofare Plan. ~ares appeal .~s on the lan if ~roval ~e are two The [c dual ~e PID these ect ~ach The fir: ) of the propos proposed, Boyn ~. 22nd Avenue and ROad to the north,. Boynton pro- :a- .~hange at an 22nd in the Palm Bea The second issue concerning location is the relationship of the pro- posed development to municipal utilities. The site is served with master-sized water and sewer mains on,the north, on the west and on the south. The applicant is proposing to construct sewer, water and drainage facilities on si~e, consisting of four lift stations, gravity sewer system, looped master-sized water mains and a full provision of stored water retention systems as required by the South Florida Water Management District. Concerning the physical character of the site, there are no physical impediments to the development of the~site. There are some minor pockets of muck, ranging to two feet in depth, which will have to be mitigated as a part of the land development process. Beyond that, there should be nothing in terms of soils which would impede the deve- lopment of this site as a PID. - 2 - MINUTES-SPECIAL CITY COUNCILMEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON~ BEACH, FLORIDA NOVEMBER 8, 1984 Environmentally, there are several landscape and animal regimes on site, ranging from the pine flat scrublands to wetlands; this was the subject of some discussion with the Regional Planning Council. The applicant is proposing to set aside 40 acres of scrub habitat and to rejuvenate that scrub habitat; there are 11 or 12 acres of wetland habitat which will be rejuvenated or remain on the site. The recommendation which comes from the Planning Department, the Technical ReView Board and the Planning and'Zoning Board appears as Exhibit D attached to:this meeting's agenda. Also cited is a list of recommendations from the Regional Planning Council to their comments. Additionally, the Planning and Zoning Board points out for the Council's ed~ficationitha~ the City Council has to, in its con- sideration ~of this comprehensive development of regional impact, con- sider the following: Does the development unreasonably interfere with the achievement of the objectives of the adopted state land development plan for the area? Is the ,development consistent with the local land development regulations? Is the development consistent with the report and recommendations Of the Regional Planning Council? Mr. Annunziato concluded by saying that was a brief introduction to the project, and the applicant will provide for the Council a rather lengthy explanation by presentations of various consultants. He added that he would be available for questions and comments afterward. Mayor Zimmerman asked if any of the Council Members had questions at this time, and Councilman Cassandra said he had a question which he hoped would be answered during the presentations. He referred to Item No 5 on Page I of the Planner's presentation which says, "This item is recommended to the City Council for approval and concept and that the applicant is willing to comply; however, the formula upon which the dedication is based is suggested to be a matter of further study." '' ~'t ' i. i ~ '~_~ ~ i.n_of commit- ~ ~ hey will Mr. Annunziato said this question involves Item 5 on Exhibit D, and he believes the basis for the question is the concept the Council agreed to at the time of the Melear PUD annexation--that there is a need for some civic dedication. We have prepared a draft ordinance, with which the. applicant has some concern. We have explored that concern with them, and they think they will be able to answer in part the way they feel they need to address it. Following their comments, though, we would like to offer our consideration for the Council. - 3 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARKOF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 19'84 Mayor Zimmerman asked that the developer give his name and address and introduce their presentations. for a re ect Director, said Riteco has owned the years. About five years but for a number of time. He said they think now that this Park of a wiser and more land, a ~ a good, sound developm hJ been g was done Ric Rossi, th studies.were the land iRoy Barden and the for the pro~ ~ are Moyle, Jones ant Flanigan, are ~ re tonight by Mr. David Presley. The environmental concerns have been dealt w~ Dr. Manley Boss and his ! su Post said they would that the for each of these five major areas of the project make a brief presen- tation to the Council, and at the conclusion of these presentations, they wi± to questions. He introduced Mr. Roy Barden~ the Planner, to g overview of the entire project. Mr. Barden said his firm was retained by Riteco almost two years ago to begin analyzing their property and to recommend a new approach for its use, based on good land use and zoning practices and a market that has been changing since 1975. They began to analyze the more recent changes taken by the City and the advice of the Planning staff to establish the Motorola high-technology:plant and the Mall, as~well as other planned industrial development ~districts to the north of the Riteco property and the existing industrial area that borders 1-95 to the south. As a result of their analysis, he said they .recommended strongly to Riteco that they change the land use from residential and a mixture of various districts, which have been described, to a planned industrial district and that they develop it, as a high- technology park--not as an industrial park with warehousing, but as a mixture of a nearly self-sustained group of uses. As the Traffic Engineer will point out later, by mixing some of the uses that are generating traffic off-site, we overcome some of the negative impact by keeping employees and visitors on the site. Mr. Barden said that by looking at the City and the public facilities that are needed to serve the project and which the project often ser- ves, such as the economic base of the community, they found that generally the areas of major impact were those of transportation and environment, areas upon which they concentrated heavily for almost two years. They feel the project is well served by public facilities; they foresee easy mitigation of the one or two areas upon which they have impact. The e~isting zoning in the area came about through the planned unit type of development created for Sandhill. The existing area to the north and south of N.W. 22nd Avenue is zoned single MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 family. On ~the west side of the canal and immediately adjacent are two apartment districts, and another apartment district was set up along High Ridge Road to buffer existing M1 from single family at that point. The existing district zoned Mi is north of N.W. 22nd Avenue at 1-95 and south of! N,W. 22nd Avenue to the Boynton.Beach Canal. Mr. Barden went on to say their application suggests the land use plan be left the same for this area but change the zoning from Mi to PID. For the residential on, including the recreational portion,~they request that use plan from residential to industrial~ and change the Zoning from a mixture of single family and R3 to all PID, which will allow them to develop a planned Office, industrial and mixed retail: research park--on a very comprehensive basis, as is ~our PID ordinance, which he uses as a guide precisely except for the c . which is sli, the~10 percent allowed. He sai ed to dQ a land use planning within the ~r PID ordi, the boundaries that have residential uses adjacent ~en by the main entrance corridor and trying uses we and our planning Staff would find COm- to them an~ to combine the kind patible. Northwest 22nd Avenue will become Commerce Park's gateway from both the proposed. 1-95 interchange (and Congress Avenue). Along N.W~ 22nd Avenue they propose office uses; in the central portion they propose a park of commerce center around one of the large lakes; this would be referred to as the Lakeside Center, which would have at least tWo hotels, unless the hotels are built adjacent to the interchange~ along with restaurants, retail uses that support the offices and high!tech- nology of light industrial usage. Bordering,and wrapping around the light industrial center would be light industrial usage. A large lake, both for drainage and buffering the residential area from the office sites,~has been proposed with 50 or 60 acres of wetland preservation. Mr. Barden said they think the land plan not onlY fits the intent of the PID, but takes it a step further and commits by master plan, as required, a concept of uses which is the guide fOr future reviews by our staff. Some of the roads shown by dotted line on the drawings may not be built unless the area around them beComes fully developed and there is a need for them. The arterial network has been developed in conjunction with the Traffic Engineer. The project consists_of two basic phases, based on the Market AnalYst's findings relative to the rate at which buildings can be constructed. They want to begin construction near Motorola and across the street from it and work their way along 22nd Avenue, then turning south (east of Motorola) and develop that area of the project first. In the land use arrangement they will consider the requirements of the City code and the design objectives of the owners, who will establish - 5 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 an architectural review committee to review the projects and control the design to insure a park-like setting rather than a warehouse-type setting. Those will be applied to the master plan, as well as pro- viding .e tion of wildlife and the sand pine and wetland areas, the undergrowth and existing animal life. The buii [1 be ar int~ con the the ob' mix a~waythal are left to s of gf fi] over terms Mr. and survey indus' 0 acre of md did devel Coun empl~ ~They with [r~ gh-quai ment. There are certain externa served site enjoys~a critica . su growth marke~ priced The env the imme, Boynt.on Be. will ~establ. ~creage-,not land land--is 12 to 16 acres per year, cessful 1.parks of the s Therefore~ period, red in ac lice, re~ and h )se e .1 and a ~h is compara ~h Florida ~t about a ~h square feet Le are well -a on :ely serwice. .ty, with .1- rates in occupy Le suc- gions sorption The Park is well positioned for catering to the high-teCh warehouse market. They can offer moderately priced office space; there is a surplus of luxury space in the County. There is a.need for~a.hotel in the area, catering to the local business market. The project will create approximately 13,000 jobs, $150,000,000 worth of construction, a payroll of approximately $200,000,000, and based on current millage rates, property taxes of approximately $8.7 million. Next Mr. Post introduced Dr. Manley Boss to explain the environmental concerns that-have been raised and what they propose to do about them. Dr. Boss said there are basically three regions on the property ecolo- gically, all of which are based on the availability of water to the - 6 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH., FLORIDA NOVEMBER 8, 1984 organisms that live there.. Along High Ridge Road is a stabilized sand dune, reaching a height of up to 40 feet. In the northern section of the property is another high ridge. These three high ridges are com- pOsed of pure white sand that is extremely dry; therefore, any orga- nisms living there have to live in a very dry situation~ These three regions have scrub vegetation--basically pine trees and dwarf oaks. The gopher tortoise lives in the area, and the gopher frog lives in the hole of the gopher tortoise. In addition to the dry area, there is prairie that covers the rest of the property, which is nE t or too dry; that has oak trees and bushes that grow not in.wetlands or very dry areas. In i this prairie are some very wet areas and swamps. This are to 10,000 years ago was covered with ocean, and the ridges were the east coast o5 Florida. After the oceans receded, there were pockets of fresh water because of the rain. Probably 30, 40 or 50 years ago before this area was drained, there was at times enough ~ater o~ the property west of the ridges to connect~Lake Osborne and Lake Ida. The environmental staff of the Treasure Coast Regional g Council and other state agencies are interested in preserving the vegetation and wildlife.of the ridge, as well as the wet pockets, which is what the developer has committed:to do with at least one fourth, or 40 acres, of the 160 acres of scrub vegetation. The 25 percent preserved will be dependent on the state of,the vegetation there now, the feasibility of saving it and the feasibility of locating the animals into it. At least 11 acres of wetland vegetation will be preserved around the lakes. Wetland vegetation will be planted along the edges of the lakes. Practically all of ~the lake ~erimeters Will be preserved areas. The 3.8 acres of wetland in the north area will be preserved. Mr. Post introduced Mr. Jim Zook of Kimley-Horn and Associates to discuss the traffic impact and their proposals for responding to that situation. Mr. Zook said every development of regional impact requires a compre- hensive transportation study, and this one was started long before there was a decision to make a DRI application. Not only the present situation was considered, but what would exist during the 30 years while the project is being completed. Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard will be widened to four lanes. This includes widening the bridge over the canal, improving all of the intersections and creating left and right turn lanes through the project, but it does not include widening the bridge over 1-95, which should be discussed regarding the interchange. This is over a million dollar roadway improvement project. Fortunately, the capacity exists on Congress Avenue for the first phase of the project, because it has already been widened; however, at Congress Avenue and Boynton Beach Boulevard there will be a major intersection, for which right-of-way maps, design plans and - 7 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 money will be provided to the County for improvement. The improvement of N.W. 22nd Avenue proceeding west of Congress Avenue will be completed within five years after approval, which is fi~ ~ears ahead of Phase and the~need for~ it Rega are plans ters~ate dew De~ fE the~ certa men.' fir~l on ti 10 years of the a Traffic counts~wili be made, monitoring the tr:affic bi the g be and towHrd the, . inte~ re~ althol time, lanes. go ~to th the $90( the tr~ ."ic , and when ,r. roadway. s~ $90.0 , deve] cons .f the 15,000 been Widened{ to ~as t it would be isix .=n Congress :2 ~ is widened,. In the :nt the- interchang it on.the interstate, intersection improvements to ~handle the on Congress that do. by to ~will time ted )een be on other streets instead of using 1-95, basically {nd Boynton Beach Boulevard to .get. to the interchanges 1-95. In addition, there are signalization requirements and other intersec- tion requirements adjacent to and within the facility, but these are the major improvements it will take to handle the impact over a 30 year buildoUt period. Mr. Post said someone is certain to ask the question of what happens to the $900,000 over a 10-year period if it takes this long. He wanted to answer it by saying the $900,000 increments get improved in keeping with some construction cost index to be selected. He then introduced Mr. Ric Rossi to speak about the civil engineering aspects of the project. Mr. Rossi said he will touch on water, sewer, drainage and irrigation. He said this 540 acre project is fortunate enough to have been located in an area which is bounded by master-sized lines put =in by the City some time ago. The amount of water needed for 13,000 employees, plus the industrial use, which will amount to about one-half million MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 gallons a day, is all provided for with the existing system that now bounds the property. There is a 16 inch water main along Congress Avenue and along Miner Road, ultimately connecting with a 20 inch on Seacrest Boulevard. So there is an ample supply of water to handle this project. For the first phase, which is anticipated to take place immediately west of the E-4 Canal, a conhection to a 10-inch across the Boynton Canal is planned, which would be a loop to the system, back to.the 16-inch on Congress Avenue. At final buildout th 11 be minor and major loops within the system carrying 10-inch and 8-inch'lines. The sewer system has a master main located along the Boynton Canal, consiSting~of three lift stations, where all sewage emanating from this project will be introduced into the system. A rather elaborate study was made of the drainage system, dividing it into basins and sub-basins to determine the amount of runoff, keeping in mind the requirements of retention of water as well as getting water off the developed areas into the ponds. Basically, there will be an 80 acre lake system scattered throughout the project, and there are four basins on the project. Water will be collected from the development to the retention ponds and introduced to the Boynton Canal and the E-4 Canal. In devising these drainage basins, consideration was given to the ridge lines and the natural flow of the drainage The system of drainage provides for the first.hour of a year frequency storm. Sou~h Florida Water Management District is placing another condition on all industrial sites as part of the requirements of the Treasure Coast Planning Council; that is, that all industrial sites will be provided with an impervious retention area in addition to the secon- dary retention area. This primary, impervious, lined retention area will require a lesser amount of retention, but the notion is that any waters coming from industrial sites will ultimately get to that reten- tion site on that particular tract of land, which will be deed restricted for that land. It will have to enter that particular small retention area before it builds up and is introduced to the major lift areas. This type of retention is rather new in the piping system; the object is that, in case there should be spills or oils on loading platforms or on parking areas, the first place to receive those con- centrations are in these impervious lined ponds. The lakes, besides serving as a function for retention, also will serve as an area fOr a source of material to fill in lower areas. A 9.5 contour is required, which is at the ground water level. There will not be a need for cutting down higher ground to make a balanced dirt situation on this project. Concerning the geology of this project, the borings indicate highly pervious soils with good drainability with the exception of a few low areas which have a couple of feet of muck, which will have to. be removed but is of no great consequence. - 9 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 Mr. Post said Mr. Rossi was their last speaker. He then referred to material reflecting the 28 conditions that were imposed on the project by the Regional Planning Council when they gave their approval, plus ic z~the City staff, these c have Coun, of years :from now when the completed, or will our code change as well as our the code changes, will the deve~ code? is a de~ .er to this point. The s someone goes to all of this trouble, whel receive something that gives them a~v( coun' comt be cer lo xists Lpprov!a] .ty s ights, cally~this project~ [out. are they .d codes If new .s an they ey can have to permit. iwill deve- Mr. Ca ~ndra asked if this means that, if he is unha! of the .ble high-tech indUstry that may come in, he muSt .: in that sti' efore he approves this. Mr. Vance res the DRI approach does not really relate to any particular given use. In res :o Mr. Cassandra's comment that he is.concerned .about a spe- cif use, Mr. Vance: answered.that he thinks h ~al ~lem wi 's.. Mr. Cassandra expressed his concern for t zens of Boynton Beach as they--not DRI--live here. Anotherlquestion was asked by Mr. Cassandra regarding the small pocket zoned R1-AAA, and Mr. Annunziato explained there are two parcels of land which remain part in and part out of the City. The County pocket is zoned RS, a County single-family zoning classification, and the City parc 1 of land is zoned Ri-AA; there is one owner for both. If the lan zoned PID, it would not be conducive to single-family develo and would probably be addressed either by the applicant or by the City. All of this land is vacant and undeveloped. Councilman Cassandra said one recurring theme concerns him throughout the review of the report by the Treasure Coast and South Florida Water Management District and some of the comments by our own staffl, and that is toxic hazardous contamination. He said he is not a b!eliever in building containers for the hazard or the contamination--he would rather not have anything hazardous there. He said statements from the Treasure Coast and South Florida Water Management District reiports indicate they do not believe our code doeS not address hazardlous conditions or hazardous waste, and he believes the City must isomehow control what goes in the development as far as contamination is con- - !0 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 cerned. He then asked Mr. Post if there are any companies going there which would produce toxic or· hazardous waste in any form. Mr. Post said there will probably be companies that will produce' substances that are classified as toxic waste; however, toxic waste is being pro- duced every day in the City now. He said the answer is adequate ~ns of disposing of toxic waste, which can be.done and is ere. He said the Treasure Coast made the pc that now in South Florida and he thinks in Florida hq to toxic .waste are in a state of con- .s is true natiOnally. 'He said we cannot outlaw toxic .i.happen-~but we must develop regulations, ordinances and statutes to deal with this at all levels of government, which is being done now. Mr. Post:said the City of Boynton Beach has demonstrated that they an alert, wide awake city staff who does a good job~. ~'For ht over a period of years, and the same ~hing can be done ting toxic waste. He went on to say there is nothing mysterious about toxic waste--it is chemicals that can be handled in due course of events, and he believes the City will develop the ordi- he ways and means to handle them. He pointed out that ho~ ~oduce toxic waste, but no one wants to eliminate hospi- tal~, cannot say there will not be businesses hlere who will not substances that would technically be classified as toxic wE but it can and will be disposed of. One of the. moStiimportant conc should be what it does to our ground water driinkin~ supplies. In area, this is not a source of potable water for th!is portion of the County, so that makes the problem less critical. Attorney Vance said the DRI process does not lend itself to saying there will be a plant that manufactures a certain product; however, in relation to toxic waste the situation is the same as fOr building codes--anything built in the Park would be subjlect to any ordinance amendments or modifications relating to how toxic waste is handled. If we amend our ordinance two years hence regarding disposal, reten- tion or non-use of some types of facilities, that would apply, and also the Health Department regulations and the state regulations relating to toxic wastes as they are modified over the years, for this is directly related to public health and welfare. Mr. Post said that was well expressed--they are subject to changes in the building code, the sanitary code, etc. He said he is of the understanding they will have certain vested rights the city will grant now that they cannot tamper with lightly. For example, if $1,000,000 is spent improving the roads in the area, he does not think this or future City Councils can say they have decided to zone the land R-l, for the money h~s been spent in development and providing traffic capacity to take care of the planned industrial district--that is a vested right, but the other things the City can and will modify. - I1 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 Councilman Cassandra said he wanted to voice his concern about the environmental issue--toxic waste contamination. He does not agree with the contention that it is going to be here, so live with it. said problems in Mr waste Regula potent ~could ~g ng The question of improvement to Seacrest Boulevard was raised by Mr. Cassandra, who mentioned that other maj Lds ~c Seacrest the c that answ~ and be and improv neck s is tc e said 1 widen ridge, which might otherw e Ma' sta for a sid referred to the potable water sitUation no city wells in tl ~ntion~sy primary e it runs into t He said ter out of the Boyn!tOn Beach ving runoff from this area, and he effe¢ be. Mr. Rossi said he is aware there is a feasibility study being done by the City of the possibility of having reverse.osmosis with micro- filtration and drawing water out of the Boynton Canal at point. He said he discussed this with the South Florida Water Mar t District, and their response was that the Boynton Canal is canal--not a water source. Not only does this project have impact on it, but every other project that dumps drainage war-er and not pretreated water into it. They said they would have to deal with the application as it comes along, because there are other factors affecting the quality of that water besides this particular project. But he said there has been interplay between this project andi~the South Florida Water Management District and are taking it into con- sideration. Mayor Zimmerman said the Boynton Canal is presently a drainage canal, but if we go to it as a source of waterr it will become something else. Mr. Rossi answered that he understands from discussions with the staff of the South Florida Water Management District that the canal drains farm land, which could contain herbicides and insecticides, as Well as developed land. He thinks this project has, through the double reten- tion system, done its best to take care of as much of the problem as - 12 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 possible internally before it gets to the canal, and he thinks the South Florida Water Management District in reviewing this process feels they have met those requirements. Mayor Zimmerman asked Mr. Rossi if he thought then that :this project would not add materially to the contamination of the water in the canal as best he could~see, and Mr. Rossi answered it would not. Councilman CaSsandra said when the South Florida Water Management DistriCt reviewed Riteco's application, the report said their staff and the staff of the Lake Worth Drainage District determined there was not enough runoff, and the design would have to be changed; he asked if this had been done. Mr. Rossi replied that in June of this year the Lake Worth Drainage District in the C-!6 basin decided to cut the allowable runoff in half. The original report came out before that June date; subsequently, they have been furnished with the restricted flows, and they have accepted this latest report. Mr. Cassandra asked within what percentage of tolerance we would be of the all~owable percolation formula for this size of area, considering that a ~portion of the 540 acres would be covered with concrete and would be lost. Mr:. Rossi answered that the 80 acres of lake is more than would normally be needed to handle the retention, and this com- bined with the ability of the soil to retain water and the high drainability of this soil should be adequate. Mr. Cassandra raised the issue of the lack of laws concerning the handling of hazardous material and stated perhaps the City should make some laws to,deal with this. Mr. Vance said that is a complicated and technical area, and usually an entity with much more money than the City initiates that, such as the State, who has basically taken charge of controlling the disposal of hazardous waste. He said he is not aware of the present level of state effort and what studies they have made or are making. As this is an expensive undertaking, he said he thinks it is not practical for an individual City to do. Mr. Cheney, City Manager, said there has been a tremendous increase the State's interest and involvement, and one of the things the State is now doing is taking an inventory of what hazardous waste exists now within the State. in Palm Beach County that has been delegated by the State and County Commission. The inventory will determine what there is; then the ways of handling it can be addressed. Mr. Cheney said he suspects that, with all of the concern about the quality of life in South Florida, we will see some additional things take place. When it has been determined what exists, ways to handle it will be developed, perhaps dumps or treatment centers. He said as we find companies coming into this project that either use toxic material or produce toxic waste, that will have to be addressed at the time and see what controls there are. He anticipates a lot of State effort in the next yea~ or two. Mr. Vance said any legislation or rules adopted by the State or County regarding this subject would apply--the developer would not have vested rights concerning this. - 13 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 Mr. Cassandra said the City of Boynton Beach requires a minimum road elevation set at or above a 100 year flood stage, rwhich the Federal Emergency Management Agency map indicates is 1i feet. Mr. Post answered that the d 'nimum floor elevations of 14 feet and minimum road of i2 feet. Mr. Post said that Riteco has always tried to be a good corporate citizen, a] they will comply wholeheartedly with whatever regulations are ate for toxic waste~ Mr.~ Vance said Mr. Post had referred to t~he draft DRI ~statement and indicated the Council had it in front of ~them; he said:theY do not have the Development Order. Mr. Annunziato said perhaps this is the proper time to discuss for the Council's edification some of the conditions that have been outlined. There were two sets of conditions; one was a set of staff comments recommended for approval by the Planning and Zoning Board as modified by the.Board and a set of requirements imposed on the develOpment ~by the Regional Planning Council, both of which are incl~uded in the Planning and Zoning Board's recommendation to the City Council. The applicant has agreed to comply to all of these requirements, to some more graciously than others, except Item 5. Mr. Vance said, with reference to Condition No. 5, a draft ordinance relating to civic impact was prepared and furnished to the applicant. A development of this size has an impact on civic facilities, in this instance a rather substantial one in all probability. The applicant apparently has some problem with the formula, which was developed with the City's in-house study, and the amount of dedication and/or money or a combination. In an effort to be fair, Mr. Vance.said, they contacted an expert in the area, who has prepared a lot of.impact stu- dies for various governmental entities in the State, and discussed a study relating to our proposed civic impact ordinance. The City feels what they have is based on concern and dedicated in-house research and effort and represents at this point a fair impact with reference to this area. However, wanting to be eminently fair to the applicant, we have suggested there is an alternative approach if the applicant has a serious problem with the numbers which were arrived at based upon Condition No. 5. The alternative is that we retain the expert, who happens to be a Ph.D. who works for Florida Atlantic University, that the applicant pay for the cost of the study, estimated to be $15,000 to $20,000, and that the applicant agree to accept the numbers developed in this study. This gives the applicant a choice, and Mr. Vance asked for the applicant's comments in reference to this matter. Mr. Post said the applicant's position has been accurately stated; they have reservations about the legality of the ordinance the City has proposed. He said~iteco has always taken the position that they recognize that developments of any size--and this is a large one--do create impact upon the community, and they are willing to pay for its - 14 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVF~BER 8, 1984 impact. The question is whether or not this ordinance properly addresses the impact and whether some of the things designated as impact are impacts from this project. They will abide by whatever ordinance the City adopts with respect to impact, and they assume it will be a legal ordinance. If it is legal, it can and will be enforced, and they can and will obey it. He went on to say that they could hardly agree to abide by the numbers of an ordinance that has not that p would b go onh of th, the and did not th:ink the City would want to be in ~with. to months it would take to get the results rl impact of this area and determine if ~es were agreeable to both sides. Mr. POst said they want to face the problem and are not. trying to avoid it, but he would think it would be difficult to achieve a result in two months. He said they have no reservation about exploring and helping to develop a legal ordinance and one they could accept, but he asked if the City would want them to be paying the party who writes the ordinance. He said he thought the City would w~nt them to par- ticipate, cooperate and help in deVeloping the ordinance and give theirpoints of view, but he thinks the City would be in an indefen- sible position if the developer was paying for the study. Mr. Cheney said he did not think that is a problem; if the developer would agree to pay for that study, we would recommend to the Council that we will take that risk. We are talking about a gentleman who works for the public sector, so he has a continuing reputation to maintain, so we do not have to worry about that. He said they have indicated both at this meeting and a previous one that Rite¢o is anxious to pay their share. He said this issue came up with another development in the City, and that developer at the time of annexation agreed to give some land, not raising the question of whether it was legal or illegal. At that time we committed, to treat all developers in the City the same way, according to what he voluntarily agreed to when he annexed, and we have that obligation. He said Riteco can agree, whether it is legal or not, to follow the formula they put forth, and if they volunteer to do that, it does not matter if it is legal. If they think those figures are high or wrong, then it is suggested we hire someone to do that study. The City does not need that study at this time, so we suggest the developer pay for it. The money can be given to the City~ and the study will be done by a highly eminent and respectable source in a couple of months. Mr. Vance said if the study is to be done, we can stop talking about an ordinance; we will talk about a development order. He said if they agree with our opinion of what the impact will bs, they will then agree to donate a certain amount of land and/or money or a combination in connection with the approval of their development order, and an - 15 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 ordinance is not involved. He went on to say the City Wants to be as fair as possible; that is why this individual, whom the developer knows to have done a lot of work in this~area, was contacted regarding the study, Mr. Cheney said we could have proceeded with a development order on this project and:never raised the issue of civic dedication now, and whatever ordinance we passed in the future!, assuming it is legal, would apply ito th' iproject assure issue in the ~ the working dedication, applicable here--there would be.n( work out something that will make the study will make. sense. We w tion ordinance. · In o] up front, are ~ pass d be = ar to to:everyone, an, ieves have in some way a :civic dedica- Mr. Vance said we will work with the development or~ the City and a reasonable determination of the impact it applies to the city. Whether or not he thinks would have some effect on the s approving~ the project. be issued by ~his area:~as that toward Mr. Post said their concern is insuring the legality of the ordinance concerning this matter. ~ Mr. Cheney asked if he thought the draft of the ordinance they had put forth~was an unreasonable measure for impact, and Mr. Post answered that he did and the request does. not bear a proper relationship to the ~cause. He said they ithink they are being asked to pay an impact fee that does not represent a timate impact of their project on the City. He went on to say fferen- cee of opinion arise frequently, and that does not bother them. Mr. Cheney said the City received no response from the developer on this issue, but only received a quickly-drawn opinion from the attoirney, which they have not had a chance to discuss. Mr. Cheney again asked Mr. Post if he thinks the demand from the draft ordinance is too much, and he replied that he did and they do not want to give that much for that purpose. Mr. Vahce said that is one reason they have suggested the approach of using an eminently qualified individual to do a study and see what the results are. The study, which will cost $15,000 to $20,000, should determine whether we are asking for a reasonable amount or too much or too little. Mr. Post suggested that they proceed under the assumption that an agreement will be reached in this matter, and he asked for a three- minute recess to confer with Mr. Wade Riley regarding Riteco's being willing to fund a study of the proposed ordinance. He. said.he had misunderstood an earlier statement, thinking the contention was that an ordinance could be drafted in a couple of months. He requested - 16 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 that the Council approve the development order with Item 5 subject to negotiation, and if agreement is not reached, the City could cancel the development order, and if Riteco does not like it, they could quit. Mr. Vance said we might be able to work out some language, but we have an indication that the study can be done in a six-week to two-month time period, and he thinks it would be simpler to hold everything in abeyance while this is done. He added that we intend to do this in totally good faith and based on the problems the developer has with the formula we now have. Mr. Cheney said if we proceeded with the drafting of the development order, we could save some time but nQt lose anything for either party. And he said, even though we agree on just about everything, it may take the attorneys 30 or 45 days to get the development order drafted with that one item left open. Mr. Vance said he was referring adoption of the development order--not to drafting; the drafting would proceed.~ Mr. Post said he sees no reason to deviate from the time- table that has been established while we proceed with the study. Mr. Vance said any funding would go directly to the City rather than the individual hired for the study; the City would then make payment to him. Mr. Cheney mentioned an item from the City staff's comments concerning the possibility of researching a land swap. Item 14 on Exhibit D of the memorandum of October 24, 1984, from the City Planner to the City Manager refers to an attached letter from Mr. Wade Riley dated October 22, 1984. He read the letter from Mr. Riley, which is based on discussions regarding a 12 acre piece of land located at the intersec- tion of N.W. 22nd Avenue and the Seaboard Coast Line Railroad. Mr. Cheney said we acknowledge that this is a piece of property the City got from the County at one time and that there is a reverter clause on it. After studying and thinking about this, they think the County would probably be willing to give up the reverter clause on that piece of land and substitute it for another piece of land. He said he wants the record to show they want to pursue that matter and see if it can be worked out, as there is the general feeling that the City and the development would benefit~ and the general public would rest more easily knowing the outdoor pistol range was not at that location. So they do accept Mr. Riley's suggestion that it be researched. Mr. Cheney said that other than this'item and Item No. 5, all other com- ments from the City staff and the Treasure Coast staff are acceptable. Mr. Post said their understanding on the potential land swap has been stated correctly, and they are willing to proceed on that same basis. Mr. David Presley, Attorney representing Riteco, said he wanted to clarify that the expert who is being considered to do the impact study was contacted initially by him on behalf of Riteco, and he instructed him to meet with Mr. Annunziato, the City Planner, at their cost, for he thought it was in the best interest of everybody to have a valid MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 impact ordinance. Mr. Vance confirmed that he was contacted by Mr. PreSley, and they met with him somewhat extensively and checked some of the other work he had done for Palm Beach County, for example, on road impact fees, and they thought he was a qualified expert. Mr. Cheney~said it was not appropriate to use his name in a public meeting, because he:does not knowwe are talking about it. Mayor Zimmerman said ~ould ~ would have a chance ~to g shorti intermission. There was the public to know in the discu after the at 9:30 p.m. Mayor Zimmerman called the meeting back to order and said we have a report the developer is ready to give their position, ~and then the audience will have an opportunity ~to speak. Mr. Post said Riteco will accept the proposal that was made and will fund the study, to be done expeditiously, and will abide by the results of the study, and they assume the City will abide by the results of the study, and that ~tive procedures will continue while the~study is being made. Mr. said in addition to the Riteco project, which possibly could be an agreed-t will be on the books forever. In the long run, the City wantsian ~ance on the books which is solid, legal and will stand up, are con- fident this process is one way of getting such an ordinance. He said if we want one that will stand up, we obviously agr by the recommendations of this studyl. He recommended to if this results in a DRI approval, the City credit back to the developer their~up-front costs for the study. H:e said the agreement is that we would proceed to draft the development order, and if an extension of the 30 daY period for adoption is ~required, he assumes an extension of it is iat the Mr. Vance said the approximate charge for the study will be $15,000 to $20,000, and Mr. Post said they are agreeing to not more than $20,000. Mr. Cheney said he is sure they can agree not to exceed $20,00:0, and they would like authorization to proceed with a negotiated contract as rapidly as possible and to execute it if it is within the $20,000 limit. Mayor Zim~erman said we would hear the public first, and he asked that anyone wishing to speak give his name and address. Mr. Donald R. Zyto, who resides at 10790 Green Trail Drive in Boynton Beach, a Vice President and Senior Banking Officer of Barnett Bank and President of the Greater Boynton Beach Chamber of Commerce, introduced himself and said that as President of the Chamber of Commerce he is here this evening to speak in favor and support of the Boynton Beach Park of Commerce Development. The primary goal of the Chamber of Commerce is to secure new job opportunities and to expand the tax base for the Greater Boynton Beach area. This is done by helping and - 18 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 encouraging existing business and industry to expand and the attrac- tion of new business and industry to this area. In many instances success is dependent upon having a good location for that expanded or new business. In the past Boynton Beach has not had a good site on which to locate these projects, but recently the picture has begun to change and the Rite¢o project is a real plus for the City of Boynton Beach. Modern requirements demand locations in well-designed, pleasing park environment in which needed daily services are present and parks are closeby. All of this will be offered in the Riteco pro- ject. New job creation in the first years will be at 1,620 and will grow over the years to 13,409 employees. Corresponding annual payrolls run from 31.4 million to 261.4 million dollars. Ad valorem taxes at buildout estimated within 30 years to the City of Boynton Beach would be $2,830,000 annually. Assessed valuation of the project at that point is estimated at 813.7 million dollars. That valuation exceeds the total valuation of all the real property in Boynton Beach this year. There will be problems, but Riteco, Inc., will be contri- buting not only new jobs, city taxes, industrial and business sites, taxes to all taxing bodies, but also impact fees for street and road improvements, intersection improvements and land or money for expanded city service centers. New businesses produce new jobs, which are filled by new people. New people mean new buyers for new homes, new taxpayers, new customers for existing and new businesses and the basis for the attraction of additional small businesses. The Chamber of Commerce and representives of the Economic Development Committee have studied the DRI report and sincerely believe the approval of this application for zoning changes and development are in the best interests of the people and the City of Boynton Beach; therefore, I urge this City Council to approve the recommendations of the Planning and Zoning Board. Mayor Zimmerman asked if anyone else was is in favor or opposition to this development, and no one else spoke. He said we would take up the motion mentioned earlier. ~Councilman Cassandra said the motion was to proceed with the necessary administrative procedures and to authorize the refund of the $15,000, not to exceed $20,000, if the program is approved and is developed in the near future and to authorize the execution of a contract for the study. Vice Mayor Ferrell seconded the motion. Mayor Zimmerman asked if there was further discussion. He said without repeating the motion they would vote on it, and said, "All in favor?" All answered, "Aye." The motion carried 3-0. The meeting was adjourned at 9:55 p.m. CITY OF BOYNTON BEACH, FLORIDA - 19 - MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE BOYNTON BEACH, FLORIDA ' NOVEMBER 8, 1984 Viz ,or Councilman Councilman ATTEST' City Clerk Recording Secretary (Two Tapes) Councilman - 20 -