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Minutes 07-21-86MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 21, 1986 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Councilman Dee Zibelli, CounCilwoman Peter L. Cheney, City Manager Betty $. Boroni, City Clerk William Doney, Assistant City Attorney Mayor Cassandra called the meeting to order at 7:30 P. M. I. AGENDA APPROVAL As there were no corrections to the agenda, the agenda was accepted as presented. II. MINUTES A. Special City Council Meeting Minutes of July 2, 1986 B. Special City Council Meeting Minutes of July 14, 1986 As the Council had just received the minutes, City Manager Cheney suggested they be approved at the next Regular City Council meeting. III. C. Consider Planning and Zoning Board recommendations concerning Comprehensive Plan Evaluation and Appraisal Report (Continued from July 2, 1986 Meeting) Tim Cannon, Senior Planner, pointed out that under State law, it is actually the P&Z Board that transmits the Eva~uation and Appraisal (E&A) Report to the City Council. He explained that the E&A Report was the green book plus the changes made by the P&Z Board. The Members had a memorandum dated July 1, 1986, which listed the recommended changes to the plan that were made by the P&Z Board. Mr. Cannon said any changes the Council made should be in reference to the P&Z's recommenda- tion and just the green book. The P&Z Board reviewed the list of changes after it was compiled, and they confirmed that was what they intended as their comments, plus they made a minor modification with respect to day care centers in single family neighborhoods. That modification was included with the July 14th agenda. - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Correspondence Mayor Cassandra read the following correspondence and asked that it be attached to these minutes (Addendum A): Letter dated July 18, 1986 from G. K. De Long, Member of the P&Z Board, G. K. De Long & Company, 400 South Federal Highway. Letter from Joseph R. Molina, Co-Chairman, Coalition of Concerned Citizens, 811 S. W. 6th Avenue, dated July 21. There were questions as to what format to follow. After approval tonight, Mayor Cassandra wondered what the next procedure would be. After the Council approves the E&A Report tonight, Mr. Cannon said they would be approving the transmission of the E&A Report to the State Department of Community Affairs. The Department of Community Affairs (DCA) then has 90 days in which to review the report, transmit~the report to the Planning Agency, and to the various State agencies. At the end of that 90 days, the City will receive comments and changes the DCA wishes to see. Mr. Cannon handed a copy of a transmittal letter to the Council, which he said would have to be approved. He said the State law now also requires that the City hold public hearings when they get the comments back from DCA and when they actually move to have an Ordinance adopted to approve the E&A Report. At this meeting, Mr. Cannon said the Council would have to announce that hearing will be held, although there is no specified date at this time. The City Council will advertise it. Mayor Cassandra wanted the Council to know that whatever they would approve in concept would then become policy until they change it, and he gave examples of such things as a recommending funding approach, Ordinance changes, etc. He hoped tonight they could approve the whole concept, including those areas of sensitivity that have been discussed, if action was required. There are line items in the E&A Report that develop policy. If they do not discuss it, Mayor Cassandra said that policy is accepted. Mr. Cannon confirmed that was correct and explained that the E&A Report becomes an amendment to the Comprehensive Plan. According to State law, all development must be consistent with the Comprehensive Plan. - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Councilman Hester thought the Council attended most of the meetings and had a chance to go over the Report. He did not think he wanted to go line by line. Councilwoman Zibelli agreed. Page 12. Mobile Homes Mayor Cassandra pointed out that throughout the report, mobile homes are addressed in a policy, and he referred to 3.1.3.1.1.2. and said the Planning Staff said those mobile homes that are here will be grandfathered in, but when it comes to development, the City should recommend redevelop- men~. He noticed the question of mobile homes came up again, especially in the annexation approach, as the Chamber of Commerce made a request to add the annexation of the western boundary away from what the straw ballot was. Mayor Cassandra commented that it would then be possible to annex four mobile home parks as you go west, and this created a concern for him. He asked what that would do to the Comprehensive Plan and what approach they should recom- mend, if any changes are involved. Vice Mayor Zimmerman did not think they should consider annexing those mobile home parks until another vote could be taken of the citizens. If they cut it off and square it off at Lawrence Road, it will still leave pockets to the east of Lawrence Road. If they move over to the recommendation of the P&Z Board, they will only be creating more and larger pockets. He alluded to considerable arguments given by the City Manager and others in wanting to annex these, but said this problem of annexing trailer parks becomes a huge one. Vice Mayor zimmerman asked what will happen if they consider Cypress Creek. If they annex Cypress Creek, he questioned whether it would extend all the way to Military Trail. City Manager Cheney made it clear that there was no sugges- tion in his mind that he wanted to annex anything, and he urged that he not be misinterpreted. City Manager Cheney explained that he raised issues for the P&Z Board to consider. He did not care if they annexed both sides of Lawrence Road or not, but was asked about annexation. City Manager Cheney said the issue is whether the municipal line should be down the middle of the road or down the rear property line. If it is down the middle of the road, public serVice will be provided on two sides of the road by two different bodies. If it is down the rear property line, they will not have that problem. City Manager Cheney emphasized that the Council had to decide which way it was - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 to go. He was not proposing annexation, but the straw ballot did not say where the line should be. The Council had the responsibility of deciding what the best public policy should be. City Manager Cheney suggested to the Council that the City may be serving those trailer parks with utilities some time. He suspected that at some time, those trailer parks (especially the older ones, not including Royal Manor) may end up being redeveloped. People living there obviously do not think so, but some day something is going to happen to those mobile homes that are 20 years old. When those disappear, then someone has the question of how they should be redeveloped. If the mobile homes are in the City, City Manager Cheney said the City will control the redevelopment. If they are not in the City, the County will control them. Hopefully, the City and County will work more and more together as to what those land use designations should be. There may not be an issue of whether or not they are in the City because they may end up having joint cooperation between the City and the County. City Manager Cheney continued that service was an issue he raised with the P&Z Board, and it should be considered. He asked the Council if they wanted one side of the street patrolled by the Sheriff and the other by the City or not. It was decided that would be addressed later on. Mr. Cannon clarified that it would be possible to annex a mobile home park as a non-conforming use. He did not think there was a problem as far as consistency with the Compre- hensive Plan and thought it would just be another non- conforming use. Page 17. page 18. Development East of 1-95 and Housing Trends, East of 1-95 At the bottom of a~9~_~/, Mayor Cassandra noticed it was recommended that the Density be left "as is" However, on page 18, it says when you redevelop, go to High Density. Mayor Cassandra thought it was a contradiction and felt they should be consistent. He asked which one they were recom- mending. Mr. Cannon replied that there are no densities in the City right now that are so deteriorated and ownership evels so low that it would warrant the maximum urban renewal roject, so he thought the policy Mayor Cassandra was read- ~ng on page 18 was valid but was not a concern anymore. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Mayor Cassandra raised the question because they will be going into the redevelopment area from the canal. Even though they build the Central Business District, he said they had the concept to go on the outer peripheral of the CBD. It is possible to have urban renewal in that end. If he recalled the original concept, Mayor Cassandra said they were talking about High Density on the property next to the church also. Mr. Cannon thought they could modify the paragraph on page 17. Vice Mayor Zimmerman asked how it would be modified. Mr. Cannon felt they could simply reference the paragraph on page 18 or repeat that language on page 17. Code Enforcement Mayor Cassandra said the strength of the City's Code is enforcing laws, etc. Throughout the book, mention was made of the target areas where the City should increase its Code enforcement as well as its personnel. Mayor Cassandra asked if the Planning Department was recommending the code enforce- ment be increased through Ordinances. Right now, in the process of getting compliance, he commented that the City sometimes goes for a period of five months. The day they are to go before the Codes Enforcement Board, they are in compliance, and the next day their property is a mess again. Mayor CasSandra asked Attorney Doney if the City can straighten its Code up legally. Attorney Doney agreed with Vice Mayor Zimmerman that the State has amended and broadened Code Enforcement Boards' jurisdictions somewhat. Councilman Hester reiterated Mayor Cassandra's comments about people complying. Attorney Doney said the amendment to the State law has given the City a little more power in that respect, as far as repeat violations. He informed Councilwoman Zibelli that it streamlines the procedure after the initial violation is found. The City does not have to start over again, cite the violator, and wait. Attorney Doney told City Manager Cheney he believed that would be effective in October. It was still Councilwoman Zibelli's understanding that they could upgrade the Codes. City Manager Cheney agreed that they can always make the Codes stronger, but pointed out that they may not be any more enforceable. There was discussion about Code violations and the process. As to the Code Enforcement Board's powers, Attorney Doney - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 said the City cannot fine someone for a past violation. If they are cited, clean off their property, and go before the Codes Enforcement Board, they cannot be fined at that point. The theory of the Codes Enforcement Board is to get compliance. Councilwoman Zibelli said what the Board had to Work with was practically useless. Mayor Cassandra said the Board has been giving heavier fines to those persons who figure they will get more grace. Councilwoman Zibelli asked whether there was any recommenda- tion as far as more Code Enforcement Officers. Mr. Cannon answered that the Planning Department made the observation that the City needs additional Code Enforcement personnel if continued deterioration on the north end is going to be prevented. Swales In the E&A Report, the City Staff recommended that the City also increase the scope of the Ordinances to prohibit park- ing on swales and yards and to require a level of yard main- tenance. Mr. Cannon reported that the P&Z Board deleted the recommendation concerning parking on swales and yards. Grants and Federal Money Throughout the Comprehensive Plan in the area of housing, Mayor Cassandra said the Comprehensive Plan points out that the grants and Federal monies are dwindling and strongly recommends that the City contemplate subsidizing housing throughout this area. If they accept those words, he asked if that would mean the City must fund or that if they can fund, they should. Mr. Cannon thought the best way to answer that question was to reference the new Local Govern- ment Comprehensive Plan Act (LGCPA). In the 1988 Comprehensive Plan, the City will have to make a full blown analysis of the housing delivery system and will have to create a housing assistance plan for the City of Boynton Beach. Mr. Cannon did not think they would have any choice but to go in this direction. If the Community Develop- ment funding continues to drop or stay at the level it is (about 30% below previous years), the Planning Department was recommending that the City consider supplemental funding. Mr. Cannon was not sure that would be necessary because Community Development made some recommendations to the Palm Beach County Commission for the funding of housing systems - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 on the local level. He thought more money might become available at the County level. If there is a long term decrease in the amount of rehabilitation assistance available to the City, the Planning Staff was recommending that the City use its own resources to find rehabilitation loans. Mayor Cassandra brought up the fact that the subsidy through the City came into play in many paragraphs because of the lack of funding. Councilman Hester asked if the housing assistance would be similar to what is known as the Housing Authority. He knew Delray Beach had one with power and said Boynton Beach had one with no power. Councilman Hester thought Delray Beach was !borrowing money from the Housing Authority to build single houses but did not know how they were doing it. City Manager Cheney did not think they would really know what the nature of the housing assistance would be until they would get into the new Comprehensive Plan, do the full blown housing analysis that will be required, and see if that is what the situation is. It probably will not be the Housing Authority because the City works with the County Housing Authority, and it has worked reasonably well. They are considering some additional programs they can afford. City Manager Cheney informed the Council that several rental projects in Boynton Beach are the product of the County Housing Finance Agency. A lot of housing assistance has gone on in Boynton Beach because of the loan program. The Landings and Banyan Creek are a part of housing assistance programs. The County appointed a Countywide Task Force to study the issue of housing, and City Manager Cheney said the City wants to watch that proposal and see how it flies with the County Commission. He thought the City had to do a lot of analyses 'before they will really know what is going to happen. It is not something where the City is saying now that it is going to have a public housing program, and City Manager Cheney elaborated. Page 34, Line 3.1.5.2.4. Mayor'Cassandra observed that they talked about demolishing homes, used the reference of a certain percentage to rebuild, but nowhere did they talk about health. He told of one home that has 12 children in it, with a Nanny taking care of them, and said it is strictly a health problem. City Manager Cheney informed him that health problems in housing are controlled through the Housing Code, which requires so many bedrooms per capita and a minimum size. Again, enforcement is the issue, and he expounded. - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 City Manager Cheney's point was that the Housing Code is the mechanism to do that. When they know children are being neglected, the City can go to the County Health Department and work on that basis. There is an answer to that situation, but the problem is getting in and taking apart a family. Swales (Continued) Mayor Cassandra recalled that the P&Z Board recommended that people be allowed to park on swales. Mr. Cannon responded that the City Staff recommended that swale parking and parking in yards be prohibited. However, the P&Z Board deleted that recommendation. Both Mayor Cassandra and Councilwoman Zibelli disagreed with the P&Z Board. Council- man Hester pointed out that it causes deterioration in the areas where people park on swales. Vice Mayor Zimmerman believed Codes Enforcement would handle it. He recollected one question brought up by the P&Z Board was about the family that has four to six cars and no place to park them. If they are lucky enough to have a large enough lot with a three car garage, they can take care of that many cars in a family, but many of these lots were platted with such a small frontage and square footage that there is no room to build garages or put in driveways. Vice Mayor zimmerman was in favor of cleaning up the City and getting rid of cars that are parked there and not used. There was discussion. Councilwoman Zibelli commented that four cars can very easily park in her driveway, but a lot of driveways are filled with cars that are not used or that are being repaired for months and months. They sit there without engines, with flat tires, etc., so they are not used for parking in the swale area. She thought if they would get rid of the "clunkers" they fix year after year, or the ones in the repair business, whichever the case may be, they would have room to put all of their cars in their driveways. Councilwoman Zibelli stressed that this is very prevalent in the north end. There was more discussion. Mayor Cassandra wondered if they had to make motions on each item. Vice Mayor Zimmerman thought they could settle it by a vote. City Manager Cheney advised that the Council should decide now what they want to do and whether they want to amend the P&Z Board's report. This particular thing would have to go into Ordinance form at some time. If they pro- - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 hibit parking in the swales, City Manager Cheney imagined a lot of cars would park on the grass, so he asked if they would also want to prohibit parking on the grass, and only require it on paved or shellrock surfaces. Councilman Ferrell asked if they could do that. City Manager Cheney jokingly commented that then, people would end up paving their whole yards. Mr. Cannon pointed out that it is possible to park on the streets, but the problem you have in the north end is that the pavement width is only 20 feet. That means you can only park on one side of the street. With a 22 foot pavement, you can park on both sides of the street and still get a car down the middle. If it means that traffic is impeded, and that means if a car is not quite over to the one side, City Manager Cheney said the Police will probably give tickets in certain areas at certain times because of getting emergency vehicles through. In some towns where parking on yards or swales is prohibited, Mr. Cannon said they ~ark on the streets. Generally, in those towns, the pavement is wide enough so you can park on the streets without blocking traffic. If they have parking on the streets, Mr. Cannon reiterated that they would have to limit it to one side of the street. There were comments by some of the Members. It seemed to Councilman Hester that a safety problem was also involved here, and he stated that he would probably have to go along with the P&Z Board and allow parking on swales. He hated it but would not want someone to get hurt because of cars parked on the side of the street. Councilwoman Zibelli advised that most of the people who are not in the business of repairing cars up there (in the north end) get their cars off of the road and do not park mainly in the swale areas. Vice Mayor Zimmerman asked if they were back to the problem of people spreading shellrock or other material in the swales to have a better place to park. City Manager Cheney thought that was stopped in the new areas. Maybe some happen once in awhile, but he thought the City had a handle on that. Attorney Doney advised there is a Code provision prohibiting that. Vice Mayor Zimmerman agreed but said they do not catch them until the shellrock has been in for a long time, and the swale does not function any more. Council- woman Zibelli informed him that the City makes them take it out. There was more discussion. - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 If the parking does not cause the swale to not function for its main purpose, Vice Mayor Zimmerman believed he would go along with the P&Z Board's recommendation. Councilwoman Zibelli's problem was not with the percolation of the water but with trying to upgrade the neighborhoods. City Manager Cheney commented that parking on swales deteriorates neighborhoods. Councilwoman Zibelli elaborated. Mayor Cassandra observed that they kept talking about the north end and reminded the Council that it should be for the whole City. Motion Councilwoman Zibelli moved that they not allow parking in swales in Boynton Beach, seconded by Councilman Ferrell. Vice Mayor zi~merman asked if parking on streets could be a part of the motion. He did not mean on thoroughfares but on private and neighborhood streets. In Mayor Cassandra's opinion, that was not the issue. Vice Mayor Zimmerman argued that the two went hand in hand. In Leisureville, they cannot park on the pavement without getting a ticket. If people want to stop in front of the clubhouse for five minutes while they run in, people pull off into the swale. There is nowhere along Leisureville Boulevard, Ocean Drive, 18th Street, 13th Avenue, 22nd Street, Golf Lane, or any of those streets where anybody can stop if they cannot pull off onto a swale. Councilman Ferrell said it was more than a Parking Ordinance. There are State laws on obstructing traffic that also come into play, which he did not think they would be able to change. Mayor Cassandra advised that most of Leisureville has parking spaces, and he explained. Instead of carrying heavy packages a block from the parking lot to the clubhouse in Leisureville, Vice Mayor Zimmerman said people often pull into the swale. All of the maintenance people with their trucks use the swales, and it does not deteriorate the swales because they are maintained. Vice Mayor zimmerman commented that this would prohibit them from parking on the swales, and they cannot park on the pavement because it is a traffic lane. Councilwoman Zibelli asked if that could go along with the Ordinance the City has where you are only allowed to stop for 15 minutes if you have trucks in the area. City Manager Cheney replied that the problem with that is someone would - 10 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 have to stay there for 15 minutes to show that he has been there more than 15 minutes. If the City could not show that he has been there for over 15 minutes by being there or chalking tires, they could never collect in Court. Vice Mayor Zimmerman remarked that parking in swales is a help and agreed that when it is abused, it becomes a problem. There was discussion about maintenance of swales. Vote on Motion A vote was taken on Councilwoman Zibelli's motion, and the motion carried 4-1. Vice Mayor Zimmerman voted against the motion. Mr. Cannon asked whether that also prohibited parking in yards. The Council Members answered, "No." Discussion re an Ordinance Councilman Ferrell asked if this would take effect now or after the review. City Manager Cheney interpreted the vote as the Council saying they wanted an Ordinance prepared so they could get it on the books. Councilman Ferrell thought what they were doing was going through everything, but if they would do that, they would not get it done tonight. He felt they should let it go for review and then go to an Ordinance. Mr. Cannon clarified that the State law requires that with- in a year of the adoption of this Report, the Council has to pass Ordinances to carry out everything. Councilman Ferrell asked if it meant within a year of adoption or within a year after the State reviews it. He pointed out that the State may change this. Mr. Cannon informed him that the Report would not be officially adopted until they get it back from the State in September. Earlier, Councilman Ferrell thought someone said these would become policy. Mr. Cannon replied they would not become policy immediately. City Manager Cheney pointed out that what Mr. Cannon said would not prevent the Council from drafting an Ordinance now or in the future. Planting of Trees in Private Property Mayor Cassandra noted that the P&Z Board agreed with some policies the Planning Department made, such as planting of - 11 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 trees in private property. He thought it was an excellent idea, but said he would like expenses split on that. City Manager Cheney said that would be discussed in the Parks' budget. Page 45. 3.1.6.1.3.2.4. Mayor Cassandra read from the second paragraph that, "it is not necessary at this time to directly involve homeowners' associations in surveillance of this neighborhood." He thought one of the problems was that neighbors do not get active. Mr. Cannon explained that any- body can go into the Building Department and file a complaint. He thought they were recommending against any type of City sanctioned citizens' surveillance, as that is properly done by the City's Code Enforcement staff. Councilman Ferrell did not think the City would be going off by supporting a citizens' group that wanted to watch and report things like they do with Crime Watch, and he elabor- ated. There was discussion. Mayor Cassandra called attention to the fact that the Report was saying they should not get involved. He was saying they should get involved. Councilwoman Zibelli asked Mr. Cannon why he made the statement, as she thought it was very ludi- crous. Mr. Cannon thought it was how you define surveillance, and he reiterated his previous comments. It comes down to who is going to do the enforcement. City Manager Cheney explained that it is not necessary that the homeowners do that because the City has a Codes Enforcement program, but it is desirable that they help out. There were other com- ments. ~age 66, 3.1.6.2.3.3.3. Non-Conforming Lots In 1975, Mayor Cassandra said they rezoned areas in the City. Now they are all non-conforming. The original owners do not have to go before the Board of Adjustment, but if they are new owners, they have to pay the dollars and cents brought up in the Comprehensive Plan. Mayor Cassandra thought the Council should agree as to whether the Code should be changed as far as them paying a fee to go before the Board of Adjustment with the stipulations of landlocked and all of the other reasons that are given. He thought the Board of Adjustment had also addressed their concern. If a person owns a lot that is 50x100, landlocked, and there is nothing they can do, they have to pay a $250 fee. Where you have a lot that needs reasonable frontage and it is landlocked, Mr. Cannon said the Planning Department - 12 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 recommended that they not be required to get a variance. He thought this would be particularly appropriate where the lot frontage is 60 feet, as the difference between 50 feet and 60 feet is not substantial. Mr. Cannon thought it might be a good idea to require a variance where the frontage should be 75 feet, which is the City's R-1AA zoning district. In the R-l, R-lA, and R-2 zoning districts, where there are a large number of platted lots that are 50 feet, he thought it would be better, in those areas of town and particularly in the north end, to eliminate what is sort of a cloud on the development of those lots. It might be better to get those lots developed. Mayor Cassandra asked the Council to address non-conforming lots, even though it was not an item that the P&Z Board specifically addressed. What the answer is will be seen in 90 days. Page 78. 3.2.3.2.2.5. ~eepage and Septic Tanks Mayor Cassandra asked if there are still septic tanks in the City. City Manager Cheney answered that there are. Mayor Cassandra asked if it is not required that within a certain number of years they must tie up to the City's sewer and wondered if it was because there is no sewer line there. City Manager Cheney replied that the City has written those people and told them from time to time that they have to hook up to the sewer by a certain time or they will not get the cheap rate any more. In the past, several times, someone has come in and said they could not afford to pay $1,000, so City Manager Cheney said the City let them hook up for $250. The City now has letters out that give everybody a year from that time to hook up at $250 or, if the City discovers anyone they did not know about, they are given a year to pay $250 to hook up. Most of them end up hooking up when their septic tank falls apart. City Manager Cheney said the usual problem of getting a hook up, from an expense point of view, is that normally, the plumbing goes out to the rear of the house, and it is their cost to bring the piping around to the front. That is why the City is keeping the price down to $250. The City has not forced people to do it, but it is usually when the septic tank gets plugged up. City Manager Cheney confirmed Councilwoman Zibelli's state- ment that it is against the law to have septic tanks. If - 13 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 they are within 100 feet of the sewer, they have to hook up to it and abandon the septic tank they are using. When those people come and stand at the Council meeting, City Manager Cheney suspected that the Council may decide not to do it that way. If it is a health problem, City Manager Cheney thought the best way was to do it all of the time as they have septic tank problems. He informed Councilman Hester that the City notifies everybody whose names they have. People who bought houses since that time have not been told. Mayor Cassandra still thought it was a concern that had to be addressed, not only for within the City limits, but also outside of the City limits where the City has control, and if annexation comes by natural annexation of pockets within the City limits and they have septic tanks. The City is concerned about its landfill because people living around there have septic tanks and well water. They are also concerned about building a new well area. Eventually, there will be growth there. City Manager Cheney informed him those would have water and sewer. According to the Palm Beach County Environment Code, Mr. Cannon thought when property comes within 100 feet of the sewer line, they are required to tie on. City Manager Cheney said the law may be on the books but getting them to tie onto the sewer is another thing. Page 85. Public Beach Access Mayor Cassandra asked if the Council had to address all of the recommendations for areas outside of the City's bound- aries, such as Ocean Ridge and the public beach. With reference to 3.2.7.1.4.2. on page 85, Mayor Cassandra did not agree that they should go through private property. Mayor Cassandra noted comments were made about houses around lakes and the visibility of having unloading ramps. If he lived on a lake, he would hate to make his land open to the public. Mr. Cannon said the recommendation made with respect to lakes was that wherever possible in Planned Unit Developments (PUDs), the City will require park dedications that will include frontage on a lake, and developers will be encouraged to provide private recreation on lakes. That somewhat removes demands for beach access. Mayor Cassandra pointed out that the Planning Staff also made the same reference about being able to access through - 14 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 private property to private beaches. Mr. Cannon said the wording was from the original Comprehensive Plan, and they are supposed to encourage Palm Beach County to expand the availability of private access easements in areas of private beach ownership. It was a question of what the City is going to do to get Palm Beach County to pursue that matter. Vice Mayor Zimmerman asked if that pertained to the parcel just north of the City's beach. That is County owned property, so the County does not have to acquire the beach. The City is making the recommendation to encourage Palm Beach County to develop that property. Vice Mayor zimmerman recalled there were deed restrictions on that, and he recollected that the vegetation on the land would never be destroyed but would remain in its natural state. It was dedicated that t:he County would have the property for that purpose. City Manager Cheney thought it went back to the early days. The State is somewhat considering now whether or not they will spend County and State money to refurbish beaches if there is not adequate public access to those beaches. Some changing is taking place. The City is not going to refurbish the beaches in Ocean Ridge. City Manager Cheney alluded to the fact that the City should not push too much for public access to public parking. He gathered that the Beach and Shores Commission and that Study Commission are making changes, and said there may be some beach renourishment. City Manager Cheney Continued that there are valid argu- ments, such as whether you should put money into a beach that the public cannot get to. He commented that it is a Catch 22 problem, and he hoped they would worlk it out. Page 104. 3.3.4.2.1. Discourage the expansion of strip commercial development Mayor Cassandra asked if this was separated from the Planned Commercial Development (PCD) concept. Mr. Cannon replied that the common interpretation of strip commercial development is what you see in the unincorporated areas of the County on Military Trail and Congress Avenue. Mayor Cassandra said Boynton Beach Boulevard from Congress Avenue east is strip commercial zoning. The Council just approved a PCD section attached to that. In that case, PCD was really strip zoning. Because of the configuration of that parcel, whiCh is long and narrow, Mr. Cannon said it was arguably strip commercial zoning, but PCD zoning does not necessarily imply strip commercial zoning. - 15 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Day Care Centers Mayor Cassandra thought these were addressed by saying what the State law says. Originally, the Planning Department was concerned that they be in certain areas and have certain distance separations, not only for day care but also for group housing. Mayor Cassandra asked if the State law has distance between homes. City Manager Cheney answered, "No." He said the State law addresses child care. You can have up to five kids in a home after school hours and up to ten in non-school hours in any residential zone. Councilwoman Zibelli remarked that everybody on a street could take in five kids. Mayor Cassandra asked if the State law addresses adult com- munities and wondered if they could have a day care facility in Leisureville. From a zoning point of view, City Manager Cheney answered that they probably could. He asked Attorney Doney if the condominium covenants and deed restrictions could be overruled by State legislation in this State. Attorney Doney replied that State law could override any restriction. Areas, Beginning With Page 107 City Manager Cheney informed Mayor Cassandra that the P&Z Board addressed all of the areas as they went through them and voted on those they wanted discussed. Everything else was approved. P_~.qe 108 Area 3. Central Business District Mr. Cannon said all they wanted in this case was some expansion on the Planning Department's description of what the Community Redevelopment Agency has done in that area to date and what the geographic extent of that area is. Mayor Cassandra noticed Mr. Cannon mentioned that the down- town development concept will hold. He observed that Mr. Cannon never addressed mixed uses at all in the Comprehensive Plan. City Manager Cheney informed him that the Central Business District zone applies to mixed uses. Mayor Cassandra wondered if that would be sent with the Compre- hensive Plan so they would know there is a mixed use language because they would not know it by reading the E&A Report. - 16 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Mr. Cannon agreed that you would not know what the CBD zoning regulations allow unless you read the zoning regula- tions, and said they could provide a summary of what the CBD zoning regulations allow. Mayor Cassandra wondered if that would be advantageous, because they might get a hullabaloo on the 91st day when they start to do something. Area 5. Congress Avenue Between the L-25 and L-26 Canals Mr. Cannon said the P&Z Board wanted a statement that Wool- bright Road should be constructed westward to Military Trail. Mayor Cassandra said the City has pockets of undevel- oped County land, and he gave Silverlake as an example. He asked if there was a procedure where they could petition to get that into the City. No voting would be required because no people are there. When they are ready to develop, City Manager Cheney said they usually annex voluntarily at that time. The County would tell them to talk to the City. Page 115 Area 23. Northwest corner of Seacrest Blvd. and Boynton Beach Boulevard Mr. Cannon said this concerns the property which abuts the First Baptist Church. The Planning Staff recommended that the paved parking lot on the north side of the church be rezoned to C-2. If there is any additional desire to rezone the property north of 3rd Court, which the church also owns, it should only be rezoned if it is subject to a unity of title tying it to the main church property. Vice Mayor Zimmerman saw no problem with it. Mr. Cannon said this was requested by representatives of the Church. City Manager Cheney advised that the unity of title is a very key aspect of this, so they do not get it piecemeal. Area 25. Commercial Property on Northwest Corner of Interstate 95 and Woolbright Road Mr. Cannon told the Members this is the commercial strip that extends north from the CBD on the east side of U. S. 1 up to the Boynton Canal. They recommended that area be re- zoned to C-2, if the nUmber of uses allowed in a C-2 zoning district are expanded. Mayor Cassandra recalled they just had a hearing on this and took certain actions, based upon legal.advice. MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 In their discussion, Councilman Ferrell thought they discussed the possibility of whether these things should wait until after the legalities to see what they are going to do with the whole area. Vice Mayor Zimmerman remembered that City Attorney Vance gave them the opinion that if they wished to go on with making any changes in these controversial areas, they should do so because they are required by law to get the Comprehensive Plan in. It would not be the same as responding to a rezoning. City Manager Cheney advised that they could make changes and send them in as part of the E&A Report. If they did not want to decide what changes they wanted to make, they could leave it as it is now and make the changes in the future. They will have an opportunity to amend the Comprehensive Plan two times in the future. If they made changes on this now, City Manager Cheney said it was true that they would be separate from the zoning issue and the Court related issue. Councilman Ferrell said the other avenue was to leave it as it is in that particular area. If they do not discuss it or do anything, Attorney Doney advised they would be leaving it the way it is. If they do not discuss it, City Manager Cheney interjected that it will stay in accordance with the P&Z Board's recommendation, not as it is currently today on the existing Comprehensive Plan. Attorney Doney agreed with City Manager Cheney. Mayor Cassandra said they recommended that it b~ C-2. I~ other words, it stays "as is" with no stlipulations. The Plan, as recommended by the E&A Report, w°uid have stipulations as to the uses of C-2. Councilman Ferrell got the feeling from the discussion at the last meeting that several did not want to make any changes to whatever it is right now in the present Compre- hensive Plan because it is in litigation. That was why they did not act on the other part. Attorney Doney advised that the Council could decide to submit it with the old designa- tion rather than going with what the P&Z Board recommended. The Council could do anything they wanted to and could change from what anyone else suggested also. Councilman Ferrell stated that the litigation would probably select what is going to be done with it anyway. Attorney Doney informed him that this part is not in litigation. Councilman Ferrell thought they did not act on this area last week because it was part of this whole deal and every- thing was tied together. Attorney Doney told him the Council did not act on it because the neighboring pieces are in - 18 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 litigation and because of what will happen with the neigh- boring pieces. Mayor Cassandra said they had to make a motion either to go with the P&Z Board's recommendation or leave it as it is at C-2. Vice Mayor Zimmerman thought some of it was C-1 along the Canal. Mr. Cannon informed him that all of the property zoned commercial on the east side of the canal is zoned C-2. C-1 property is on the west side of the canal. Mayor Cassandra's impression was that the original applicant wanted some of the R-3s to be part of the Planned Commercial Develop- ment (PCD) they requested. What the P&Z Board did was leave it at-the present boundary line for C-2. The E&A Report said to leave it at the present boundary line, but put stipu- lations on it. Mayor Cassandra asked if his impression was correct. For Area 25, Mr. Cannon said no statements were made concern- ing uses beyond the C-2 zoning. Mayor Cassandra read the last sentence on page 115, which recommended that the land use designation for the C-2 zoned area be changed to Office Commercial and the zoning be changed to C-1. He commented that the Council had a recommendation of C-1 from the E&A Report and a recommendation of C-2 from the P&Z Board. Councilman Hester was informed that it was originally C-2. He moved to leave it as it is now in the existing Compre- hensive Plan. Councilwoman Zibelli seconded the motion. Mr. Cannon told the Council that the P&Z Board, in effect, cancelled the staff recommendation and recommended that it be left as it is. A vote was taken on the motion, and the motion carried 5-0. Page 117 Area 30. East side of U. S. 1, between N. E. 6th Avenue and the Boynton Canal Mr. Cannon said this is the frontage on U. S. 1, north of the CBD. The P&Z Board recommended that it be down zoned from C-4 to C-2. However, that is conditioned upon another recommendation made that the number of retail uses allowed in the C-2 zoning district be increased to include most small retail uses. Right now, there are only about a dozen convenience retail uses that are allowed in that zoning district. - 19 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Mayor Cassandra told of an applicant being granted a variance for a used car lot by the Board of Adjustment. Mr. Cannon informed him the property he was talking about was on the west side of U. S. 1 and would stay in C-4 zoning. This recommendation applied strictly to the east side of the road. As they agreed with the P&Z Board, City Manager Cheney advised that no motion was necessary. Area 31. Property North of Four Seasons Retirement Hom~ Mr. Cannon said Staff recommended that the vacant property north of the Four Seasons Retirement Home be down zoned from R-3 to a single family zoning district. The P&Z Board cancelled the recommendation, saying it should be left under the R-3 zoning. City Manager Cheney informed Mayor Cassandra that Boynton Mobile Village (mobile home park) is there. Mayor Cassandra thought they had a problem before the Council about parking vehicles over a period of time. City Manager Cheney replied that they had a representative from the mobile homeowners association, but they could never prove the contention that the parking of mobile homes and recreation vehicles has not always gone on. As far as the City knows, they are continu- ing a non-conforming use that they have had for a long time. Page 119 Area 36. Residential Parcels in Vicinity of Old Boynton Road and New Boynton Road, Between Interstate 95 and Congress Avenue Mr. Cannon confirmed that the Council's approval of the Cross Creek PCD deleted the recommendation for Area 36, as it applies to that parcel. Page 120 Area 38. Property on Northeast Corner of Golf Road and Congress Avenue The P&Z Board negated the Staff's recommendation that these two parcels be rezoned to multiple family. With regard to the northeast corner of Golf Road and Congress Avenue, Mr. Cannon said it is presently shown under an Institutional land use category. If the City Council wished to see that - 20 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 developed for single family housing, he thought they should possibly include a recommendation that the land use designa- tion be changed to that which covers Leisureville, which is Moderate Density Residential. Mayor Cassandra was personally in favor of that because the zoning classification of Governmental/Institutional has opened the door each time people come in. Councilman Ferrell moved to delete the recommendation, as in the P&Z Board's recommendation, and to change the designa- tion of that piece of land from Governmental/institutional to Moderate Density Residential. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. Area 39. Property on Southeast Corner of Golf Road and Congress Avenue The P&Z Board recommended that this stay zoned R-1AA Low Density Residential. The Council agreed to this. THE COUNCIL TOOK A BREAK AT 9:02 P. M. at 9:10 P. M. The meeting resumed Page 121 Area 44. Lake Boynton Estates Councilman Ferrell moved that this be left as it currently is because it is a part of the litigation problem. Vice Mayor zimmerman liked the way it was in the E&A report rather than the P&Z Board's recommendation. It was a little bit different than what it presently is. Councilman Ferrell agreed but did not think the Council should make a decision. Attorney Doney advised that the Council could go with the P&Z Board, go with the E&A Report, or leave it as it is existing with no changes. Mayor Cassandra was concerned about the 8th line from the bottom of the page, and he read, "In any case, an 80 foot wide public collector should be required from Woolbright Road to Ocean Drive. " He was not in favor of that line and made a recommendation that they use the bypass concept where the road would be along- side of the track area for the reason that then, it would go through nobody's property and there would be no road through a residential area. Mayor Cassandra did not want to see an 80 foot roadway come from Ocean Avenue at 8th Street down straight through the - 21- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 property. His recommendation was to loop it around and then come out into whatever is developed there. This would remove the traffic problem and the concern about where to cross the track, it will not cut any church property into parts, and Mayor Cassandra thought it would solve their problems. If they leave everything alone, as it is, then they would be saying they were approving the 80 foot wide public collector. City Manager Cheney told Mayor Cassandra he was still talk- ing about an 80 foot wide public collector collecting at 8th and Ocean Drive and Woolbright, except Mayor Cassandra's proposal was to turn it easterly towards the railroad track and then curve it westerly again to come out at the proper place on Woolbright Road. The collector would serve the same purpose but would not go straight. There was discussion. If it comes along the railroad track, Councilman Hester commented that it would come out at Woolbright Road. There were more comments. Vice Mayor Zimmerman said the northern access to Boynton Beach Boulevard would probably be the biggest fly in the ointment there. There was more discussion. Motion Councilman Ferrell repeated his motion to leave it as it is right now. Councilman Hester seconded the motion. Mayor Cassandra said the P&Z Board's recommendation went from High Density to Moderate Density and from Moderate Density to Low Density. Mayor Cassandra informed Vice Mayor Zimmerman that the present Comprehensive Plan has Moderate Density, which is 7.26 dwelling units per acre. The P&Z Board recommended that the Moderate Density be lowered to Low Density, which is 4.84 and that the multiple family zoned strip along the tracks be down zoned to R-2, which would allow only duplexes. Councilman Ferrell was not saying he was against that recommendation, but he was just not comfortable making any decisions to change anything on it because of the litigation, which was the same reason they backed off last week. Vice Mayor Zimmerman stated that the legal opinion was that it did not matter. Councilman Ferrell pointed out that they could also have done that last week, but everyone chose 5-0 not to do anything because it was in litigation. Mayor Cassandra asked if voting with the High and Moderate Density in any way created a legal problem for the City by - 22- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 saying they left it as High and Moderate Density. Attorney Doney did not think it would create any problem because the litigation was filed, in a sense, based on facts at that time. What happened tonight may or may not affect the liti- gation, depending on what happened, because they filed a petition sometime ago, based on the zoning and land use at that time. If the Council decided to leave the "status quo" because of the litigation, it would not affect anything. Mayor Cassandra asked if the motion could state that because of litigation, they were leaving it "status quo". Attorney Doney did not know that they would need that. Councilman Ferrell recalled it was not on the other motion. Mr. Cannon informed Vice Mayor Zimmerman and Mayor Cassandra they would have two opportunities to change it, but this would be the last opportunity to change it this year. Councilman Ferrell asked what happens when the State reviews it and sends it back. Mayor Cassandra replied that when the State sends it back and says they like the plan as presented, the City will hold a public hearing. He asked what the City would do then and whether they would just accept what the State accepts. Mr. Cannon answered that the Council would then adopt, by Ordinance, the report as the P&B Board, the Council, and DCA recommends it be changed. He said there is a procedure for challenging the DCA's comments, but he did not think they needed to go into that tonight. Assuming this comes back from the DCA, and they do not make any comments, City Manager Cheney asked if the City would then have to have a public hearing and if it meant that, after that public hearing, the Council can or cannot change its mind. If they cannot change their minds, City Manager Cheney wondered why they would have to bother with a public hearing. Attorney Doney wanted to check the Statute. Vice Mayor Zimmerman thought the only way they would solve the traffic problem in this area, both on Ocean Drive and on Woolbright Road, was to lower the density. If the County recommends it, he asked if it would have to be done, and he noticed the City Staff recommended it. Councilman Hester commented that it might not affect anything, but it is in litigation, and who knows what the Court will do. He was sure there is a procedure to change. Attorney Doney advised that the Council could do it just by amending the plan. Mayor Cassandra commented that it looked like six months for it to come back and for the City to make - 23- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 its first amendment. Attorney Doney agreed with Councilman Ferrell that they could amend it after the litigation. If they do it by way of the E&A report or do it by way of a separate City initiated petition to amend the Land Use Plan, they would get the same net result. Clarification of Motion Councilman Cassandra asked if the motion was to leave Area 44 as it is in the E&A report. Councilman Ferrell answered affirmatively. Mr. Cannon questioned whether he was also recommending that the two collector streets also be deleted. Councilman Ferrell clarified that his motion was to leave it just as it is right now, and not accept any recommendtion, just as they did on Area 25 or whatever. City Manager Cheney advised that the current Comprehensive Plan does not address the east/West road. Councilman Ferrell was aware of that and reiterated his motion. Vote on Motion A vote was taken on the motion, and the motion carried 4-1. Vice Mayor zimmerman voted against the motion. Lake City Trailer Park (~21 of the Comments from the P&Z Board) Mr. Cannon said this was not designated as an area in the original draft. The P&Z Board recommended that the trailer park and the vacant, unplatted parcel to the south of it be rezoned to R-3 because of the four story shed next to it. Mr. Cannon believed the gentleman that owns it asked for Commercial. It is presently zoned for single family Resi- dential. Councilwoman Zibelli questioned whether the owner agreed to accept R-3. Mayor Cassandra believed he would take anything that would help him out. The Council agreed to go along with the P&Z Board's recommendation. Gymnasium Mayor Cassandra did not like the word "gymnasium" throughout the report and thought they wanted to use "multi-recreational facility". - 24- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Subdivision Dedications and the Lack of Enforcement Mr. Cannon explained to Mayor Cassandra that the subdivision regulations and the Comprehensive Plan require that developers provide percolation areas for water runoff. The language in the City's subdivision regulations is exactly the same language that is in Palm Beach County's subdivision regulations. Mr. Cannon conversed with the Engineers in Palm Beach County. According to them, that requirement is not strictly enforced in the County either. As a result, Mr. Cannon thought there was a concensus in Palm Beach County that the requirement for percolation areas is to be taken seriously. In view of what the Comprehensive Plan says about providing percolation areas, Mr. Cannon thought the City had to make a strict interpretation of that requirement in the subdivision regulations. From here on out, the City will have to require that developers provide grass swales for water retention or some other means of percolating storm water rather than just dumping it into a pipe or lake. Page 179 3.5.8.12.5. Mayor Cassandra believed that was the Winchester crossing that the Council had addressed, and he wondered if they had to address it at this point. City Manager Cheney advised that they addressed it by eliminating it as part of their consideration. Mayor Cassandra thought City Attorney Vance said to leave it "as is". Councilman Ferrell pointed out that it was part of that same area. City Manager Cheney advised that they would leave it as it is if they had the road on the Comprehensive Plan. Right now, they are not including that road as a part of the Comprehensive Plan and analysis. Mayor Cassandra pointed out that the City's Ordinances still allow for a road to be connected because you cannot block off a piece of land. City Manager Cheney agreed that the Subdivision Ordinance will still require some kind of connection sometime in the site plan. 3.5.8.12.8. Vice Mayor Zimmerman read this line and asked if "south" was not meant to be east between Publix and the post office. Mr. Cannon explained that it had been approved along the post office, but there are streets to the south of the post office. They could say south and east. City Manager Cheney clarified that the entire area happens to be east of the post office, but the main meaning here was in a southerly direction. As the language was confusing, he said they would change it. - 25- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 3.5'.8.13. Pave or construct streets in rights-of-ways City Manager Cheney told Mayor Cassandra these are pieces of roads that probably will never be done by developers. He said he would present a list of these to the Council as a part of the budget deliberations. Mayor Cassandra asked if they were removing the responsi- bility off of the developers. He could see it if the land was developed years ago, but he questioned doing it for new land. Vice Mayor Zimmerman said there is always the option of assessing the adjoining lot owners for paving a street, if they want it. City Manager Cheney agreed, but said there are some streets that the Council decides make sense for the City's circula- tion system. Vice Mayor Zimmerman commented that many of these are sort of dead-ends, and he was thinking one was the extension of Ocean Avenue to the west. City Manager Cheney admitted that was true but pointed out that the City has allowed houses to be built there. The question is whether they want to pave the road or not. As nobody used the road but the people, Vice Mayor Zimmerman thought it was their responsibility. City Manager Cheney informed the Council that these are roads people are using that are not constructed streets. If Boynton Beach wants to continue to have some dirt roads in the City as a part of its access to homes, then the City will not pay for these streets. If they want to wait until the owners pave or wait for them to come in and ask that it be paved or they do not care about dirt streets in the City, then the Council should not address them. Vice Mayor zimmerman thought the gas tax money should be used a great deal for the improvements of roadways the City is responsible for. In the present budget, they are recommending that the gas tax be applied to the street paving program. If they approve these roads, Mayor Cassandra asked if it would bind the Council. City Manager Cheney replied that they could say "No". If they do not appropriate the money, they will not pave it. Councilman Hester remembered the P&Z Board recommended that the wording be changed from will be to ~ be borne by the City. Vice Mayor Zimmerman agreed that would give them some - 26 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 leeway. Mayor Cassandra commented that no action would be needed because no one disagreed with the P&Z Board's recommendation. Page 211 3.8.4.5. Chamber of Commerce Comments and Annexation City Manager Cheney had a conversation with Owen Anderson, Executive Vice President, Chamber of Commerce, after the Chamber commented about annexation. He believed they were suggesting something about other industrial uses and that the City should annex, so they could preserve additional industrial uses. City Manager Cheney thought, for the future, and as years go on, the Chamber's concern was sub- stantially west of the City, as it affects the County and land that will always be in the County, and what the City and County are going to particularly do about the Florida Turnpike/Boynton Beach Boulevard interchange and the Land Use impacts of that interchange. He aSked if the Land Use impacts for that interchange be other than Residential and if that is a general area where, in the long run, some land should be set aside for Industrial or Commercial development because of its relationship to the turnpike. City Manager Cheney suggested to Mr. Anderson that that kind of discussion between the City and the County that far out is really not a part of the E&A analysis of the City's existing Comprehensive Plan, but that it should be brought out in the next Comprehensive Plan as the City develops it's plan and the County develops theirs. When they get coordina- tion between the County Planning and the City Planning, those bigger issues should be addressed. City Manager Cheney thought Mr. Anderson agreed that was OK. Mr. Golden showed the Council the annexation map. Staff had recommended that the City annex only those properties on the east side of Lawrence Road and not annex the already platted, developed Boynton West subdivision, Woodside, Oakwood Lakes. Mr. Cannon said the P&Z Board recommended that the proper- ties on both sides of Lawrence Road be annexed, including the Boynton West subdivision. As it has already been platted, it would have to be annexed at referendum. Mayor Cassandra asked if each side of Lawrence Road would include half of Lawrence Road. Mr. Cannon replied that it would include the right-of-way, so it would be a good idea to have the right-of-way entirely within the City. Mayor Cassandra asked if that would mean that they would have - 27 - MINUTES - SPECIAL-CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 service from both the City and the Sheriff. City Manager Cheney answered that the Sheriff would respond to the property owners on the west side of Lawrence Road. Under this proposal, responding to an accident in Lawrence Road, it would be the City. City Manager Cheney did not think they would want to make it the center line of Lawrence Road. City Manager Cheney informed them that Mr. Cannon said the west right-of-way line of Lawrence Road, which would mean the City would have the whole road. The Sheriff then would only respond to calls for property west of the west right-of- way. Mr. Golden showed what the boundary lines would be. Vice Mayor Zimmerman asked if any of the property adjoining Cypress Creek would be annexed. City Manager Cheney replied, "No." There was discussion. Mr. Cannon said the Planning Staff recommended that the ultimate City limits run along Lawrence Road and include Sunny South Estates but not include the Boynton West subdivision, or the Knollwood PUD. Mayor Cassandra asked if there was a reason for that. Mr. Cannon thought it squared off the City's boundary in that area and allows the City to control development in parcels that abut PUDs that are already in the City. Mayor Cassandra asked why those areas were excluded. City Manager Cheney answered that they are already developed as residential areas. Mayor Cassandra said the City is already giving them service in water and sewer. City Manager Cheney pointed out that those areas could not be annexed without a vote of the people. Vice Mayor Zimmerman added that their tax base would not pay for what level of service they would want. The City would be subsidizing them with extra monies. Mr. Cannon showed the outer red line where the P&Z recom- mended annexation. This would include Boynton West sub- division and Oakwood PUD. They are also parcels that are currently developed. Mr. Cannon indicated mobile home parks. Two parks were subdivided and platted, so they would need a referendum. Royal Manor Mobile Home Park is not platted so there is a possibility it could be redeveloped at a later date. Mr. Cannon said it was unlikely that the mobile home parks would be included, and he showed that the boundary would have jagged edges. If they intended to square it off, Councilman Ferrell asked why they did not want to take Lawrence Road from the western boundary all the way down. Mr. Cannon said that was the Staff's original recommendation. There was more discussion. - 28 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 Councilman Ferrell thought they should square it off because those kinds of problems are tough on the Police and Fire Departments. City Manager Cheney explained that it is a supposition that those areas will never annex. Some might want to be in the City because of utility issues but odds are that they are not going to annex. If they went down the western boundary of Lawrence Road, Councilman Ferrell pointed out that it would not affect the City in numbers, but if they suppose they will not annex anyway, the City will not have them anyway, and it would clear up the jurisdiction all the way down and make it easier for the Police and Fire. He reiterated that they should make Lawrence Road a boundary. Vice Mayor Zimmerman could see a lot of pockets east of Lawrence Road that the City will never get, but he thought going further west was absurd. Councilman Ferrell was say- ing they should end at the western right-of-way line all the way down. Mr. Cannon asked if they were also including the area occupied by the Boynton West Subdivision. Council- man Ferrell answered affirmatively. There was more discussion. If they include all of Lawrence Road for the purpose of Police and Fire understanding, City Manager Cheney said they would have to annex it. He was not sure they could legitimately and legally annex that piece of Lawrence Road west of those existing residential developments they are not annexing. Attorney Doney thought that would create a problem. Councilman Ferrell asked if they could put it in the plan for plan purposes and leave it as an open opportunity for later on. Attorney Doney answered that they could. Vice Mayor Zimmerman alluded to a straw vote ballot that City Manager Cheney said squared off in the general vicinity of Lawrence Road. Since they had a referendum, until they get another referendum, Vice Mayor Zimmerman did not think they should be fooling with this. There was discussion. City Manager Cheney said the limit of the Comprehensive Plan reserve annexation area is Lawrence Road. The City may not annex all of Lawrence Road initially. Vice Mayor Zimmerman thought there would be pockets on the east side for a long time. City Manager Cheney told the Council that action does not amend the Special Acts of the Legislature back in, he thought, 1964, which identified the E-3 Canal as the reserve annexation area. He understood that meant no - 29 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTONBEACH' FLORIDA JULY 21, 1986 other community could incorporate in that larger annexation area. It just sitS there, and the City is just temporarily mOdifying it in accordance With adopting this Comprehensive Plan. Vice Mayor Zimmerman thought most of the people out there were satisfied with their status quo. City Manager Cheney wanted everyone to realize they now had two kinds of annex- ation areas. The one they were talking about in the Compre- hensive Plan is set by the State Legislature. Mayor Cassandra said they were back to the original recommendation. Motion Councilman Ferrell moved that in the plan, the western boundaries be the far edge of the western right-of-way of Lawrence Road, to extend southerly down to Boynton Beach Boulevard. Councilwoman Zibelli seconded the motion, and the motion carried 5-0. Page 231. 4.2.2.7. Little League Park Relocation Mayor Cassandra took exception to making a cemetery out of this and explained why he was not in favor of this. He was in favor of looking for more cemetery plots in the City but not destroying the field. If they split the operation, Councilman Ferrell asked what the difference would be in the operating expense. For example, say part of the cemetery is where the Little League is and another part of the ceme- tery is somewhere else. City Manager Cheney thought it would be cheaper to operate the two separate cemeteries than to operate two separate lighted ball fields. He said having a ball field somewhere else was a cost but he did not think having a cemetery some- where else was particularly an additional cost. They would end up with a building at each cemetery, but City Manager Cheney did not think it would be a significant thing. City Manager Cheney did not know where they would get more cemetery land. They estimate the current cementery is good for 17 years, not counting the Mausoleum, and he explained. City Manager Cheney did not know where they were going to put another Little League field and told how the City has spread its ball fields around. Councilman Ferrell thought they should leave the Little League Park there. City Manager Cheney pointed out that there is the ability for a - 30 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 lot of people to get there without a car. discussion. There was Councilman Ferrell moved to delete the Little League Park Relocation from the Comprehensive Plan, seconded by Councilman Hester. Motion carried 5-0. Review of Changes The Council agreed with Mr. Cannon that they should review the changes, and City Manager Cheney said it would be put on the agenda for August 5. City Manager Cheney said they could get the report off by the middle of August. He said they could also do the transmittal letter on August 5. Mayor Cassandra complimented the City Staff on a job well done. He wanted this to be in letter form so the Council could sign it. If they get this out on August 5, City Manager Cheney said that will give them six weeks (most of November and December) to get the plan adopted. WORKSHOP MEETINGS City Manager Cheney reminded the Council that the first Budget Workshop will be tomorrow night at 7:30 P. M. City Manager Cheney also wanted to set up a tentative memorandum tomorrow night on Deutsch Ireland. They also have to change the budget public hearing dates, and he explained. ADJOURNMENT There being no further business to come before the Council, the meeting properly adjourned at 10:00 P. M. - 31- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 21, 1986 CITY OF BOYNTON BEACH, FLORIDA Mayor COuncilman Councilman ATTEST: Councilwoman Recording Secretary (Three Tapes) - 32 - company · COMMERCIAL · INVESTMENT · INDUSTRIAL · BUSINESS · MANAGEMENT July 18, 1986. (305) 736-2233 Mr. Nicholas Cassandra, Mayor City of Boynton Beach P. O. Box 310 -,-~,Boynton Beach, Florida 33435 Dear Mr. Mayor: Re: E & A Report Comprehensive Plan 1986 This letter deals with the captioned subject in conjunction with an app- lication filed by Mr. & Mrs. Winchester and perhaps an erroneous conception left with Council as a result of certain statements made by our City Planner at Monday evening's Public Hearing July 14, 1986. The Winchester application petitioned for a new railroad crossing at~/W llth Avenue. Part of said application was to have this new crossing connect to a collector road (the latter fact was established through my continued questioning of our City Attorney). The entire application was declined, upon my motion, by a 7-0 vote of our City Planning and Zoning Board. You are now being asked to vote on the E & A Report and I must point out to you and Council, that if you peruse page 121 of the Report and also page 179 of the same Report you will see that both the collector road and the railroad crossing continue to be called for albeit, the unanimous vote of P&Z to dec- line. Both items should be deleted from the Report prior to your voting upon same. Thank/fyou/~or/qyour attention in this matter Sin~/~/ M;m~er,/ Boyn~on Beach P&Z Board CKD/bh~ ~ ADDI2qDU~ A 400 SOUTH FEDERAL HIGHWAY ' BOYNTON BEACH, FLORIDA 33435 Coalition of Concerned Citizens C/O Joseph_R. Molina 811S. W. 6th Avenue Boynton Beach, Fl, 33435 July 21, 1986 Honorable Mayor Nick Cassandra and Members of the City Council Boynton Beach City Hall 120 E, Boynton Beach BlVd. Boynton Beach, Fi. 33435 Dear Mr. Mayor and Members of the City Council: WHY APATHY WINS OUT EVERYWHERE ~ We the voters, citizens and residents of Boynton Beach have elected a body of men and women who live amongst us to be our chosen re- presentatives. The men and women elected w~r~ expected, to vote on ~ehalf of their neighbors on all issues directly o~ indirectly affecting their lifestyles, living conditions and home values - providing the necessary serv$ces such as sanitation, heal,h, ~ire and police protections and f~na~ly an air of suburban living an a 1 ;. TheY did not expect to have to appear at every and and City Council meeting to defend their basic civil rights. "THE RIGHTS OF LIFE, LIBERTY AND PERSUIT OF HAPPINESS." Based on the Judeo Christian principal of love her as thy self or do unto Others as you would have them do unto you. The Lord says, "Love one another as I have loved you." Do I use them for my own en~s? Why do people all over the county and state scream ~er help to save their communities from these greed riden developers who think nothing of destroying our beaches and neighborhoods by rezoning into commer- cial ventures. The mandate to control growth was given by the state and cou~y pla~n- lng commissions to hold ~own and control developemnet and manage growth to a sensible level with people as the common denom~o~?~in all issUes. Recently Mr. Warneke sought relief from noise in the Shooters Rest~ urant,.Mrs. Dee Zibelli sought relief in cleaning up filth ridden and crime ridden north end and Ben Uleck sought a buffer area of trees between Leisureville and Pylon Park industrial area. These are or will be blighted and Possible future slums unless now. These conditions are created by us and the ~ected allowing them to happen.~ ~ur HOnor, Mayor N~ck Cassandra and City Council, we all heard the road to nowhere", Well, I ask you, who invented the idea t a major ~oad had to run through a residental R1-A zoned nei~h- ~rhood less than a mile in length, beginning on the ~orth side of ~ Road, then north through a section of 15 blocks of one(l) with children, men and women, to Boynton Beach Blvd., ~en across to Old Boynton Beach Road through more single family ~-A and Ri-AA zoned areas to Congress, and the ~11, unless it was De Bartolo himself. ADDE~I~UM~ A -2- Honorable Mayor Neck Cassandra and Members of the city Council Why should we bring traffic from 1-95 on to Wool bright Road, cars Estatestrucks andandtrailers,? .through~ a R1-A - RI-AA area thr we want to ~L~s~_r~e.v_~ll~e,.Venttian Isle, Poincia~o ~o~u_g~h_L_ake. Boynton y es~roy them w~ ~-~- ~ . SS ~,, ~A~c I~es,- noise and possible loss of life in the Process? Do we need to b~ing all the versts this idea of a major S. W. 8th Street and W~ · is the future cancer of the city or will you help us to create a commma~ty for living for womwn and chtldmen, yes, your neighbors, people, men WE LOVE YOUI JRN: lm Carl Z immermann Bob Ferrell E. Hester D. Zibelli Your neighboring, ~ ~ ~us~pn a.-Nollna, Co-Chairmen ~? Coalition of Concerned Citizens