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11-29-88SpMtg 381 NOVEMBER 29, 1988 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, November 29, 1988. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Marie Horenburger Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering approval of proposal for development of 38 acres for affordable housing; (2) considering approval of Addendum No. 3 to CH2M Hill agreement; and (3) Considering authorizing award of architectural contract with Roy Simon for Lake Ida Tennis facility. 1. Mayor Campbell stated he believed everyone had received infor- mation from staff today. Before getting into that, he would allow members of the public who would like to make a statement with regard to the housing development to do so. Rosetta Rolle, Chairman of the Delray Beach Housing Authority, advised they have not had a chance to look over the proposal and would request that discussion and voting be withheld until they have had a chance to meet. The Housing Authority has scheduled a meeting for Monday and they would like someone there to answer questions for them. Sid Soloway stated he offers for the Commission's consideration the fact that the P&Z Board has turned down RM-10; he believed an extended use of that property in an RM-10 category is not in the best interest of the City. Harvey Brown, resident of Delray Beach, stated he is concerned that the City on the one hand is spending 2.5 million dollars to improve the downtown to try and attract people who will improve our area and give the working people and business people in Delray more of a chance to have a good town, and then on the other hand, they are considering spending money to attract people who he believes will not improve the quality of life in our City. He realizes this is a very controversial issue; the School Board has brought it up by saying we are going to exasperate a situation which is already critical. Mr. Brown stated many people are concerned about which way Delray is headed and felt the City should go back to square one and ask if they really need or want a project such as this. Jay Slavin, member of the Housing Authority, advised she has spent a great deal of time on the three proposals, so she believes she can make a contribution to help the Commission make this decision. She commented that she had the help of staff in answering questions. Mrs. Slavin stated she feels very strongly about building a community in the area for which the City got the grant. She felt that the Joint Venture group deserves a vote of thanks and appreciation because they offered the most creative and innovative community; however, since they did not meet the terms of the grant, she very reluctantly has to dismiss that proposal. After weighing all the pluses and minuses which were summa- rized by staff, She came to the conclusion that the Procacci Company, while it did have an edge, was not as safe as there was nothing they could see, nothing tangible, that they had done as a sample. On the other hand, the Briscoe Company showed them what they had done, what 382 they would give the City and what the City would get. She would be reluctant to give the project to a developer who did not have a proven track record. Arthur Jackel, resident of Delray Beach, advised that he was here several months ago when the City Commission was considering this project and definitely stated that they would only consider medium or low density, 7 units per acre or under. He urged the Commission to be consistent. From where he stands, only one proposal meets the Commis- sion's requirements and hopes they make a fair decision in the best interest of the City. Helen Coopersmith, resident of Delray Beach, advised that the Briscoe Company has a very fine track record; she has visited the project they have built and it is beautiful. She asked that the Commis- sion and the Housing Authority review the work that-has been done and postpone a vote this evening. Ms. Coopersmith also urged the Commission to make sure they have an iron clad contract with the developer. She highly recommended the Briscoe Company. Mayor Campbell advised that he had not had as much opportunity as he would have liked to review the analyses. It was his impression that the Housing Authority was part and parcel of the review process, not just a member, but actually taking a stand. He felt he was unfairly chastised by certain Housing Authority members as trying to remove them from the process of input. He has made a promise that they would be intrically part of the decision; at least his decision would be based in large part on listening to their input. Mayor Campbell stated he just found out today that they had not had the opportunity to review the staff report as a full body, so he is going to have to defer at this time. If the other members of the Commission wish to vote, however, he would not stand in their way. In response to Mr. Brown's statements, Mayor Campbell briefly outlined the background of the housing project and how this has been developing over the past eight years due to the need for low income housing in Delray. He stated the community has gone through some changes during this time and he believes the concern about the balance in the community, the School Board's position, etc., are all very healthy and appropriate. He doesn't believe the Commission has ignored this and their concern about density is therefore legitimate; their concern about quality and who is going to be living in this project is a very legitimate one also, in meeting the needs of the people already living here. Mayor Campbell advised he continues to support the project mainly because the City has gone on a rather ambitious redevelopment program through the CRA and, as he understands it, in order to have a legal redevelopment program you have to have a housing plan. Over the next few years the City could very well see themselves replacing hous- ing, such as across from the new County Courthouse; also the City is going through an extensive rehabilitation program and removing housing stock that has not been replaced. Mr. Weatherspoon advised that years ago HUD had millions of dollars they gave to the cities that applied to fix blighted areas and help those in need. Some of the City forefathers and citizens felt Delray Beach did not need those funds and opted to not take advantage of them; as a result, in his opinion, the entire City has suffered. He believed we certainly need to provide the quality of life for all and this grant makes it affordable for those less fortunate. Upon question by Mr. Weatherspoon as to the time constraint, the City Manager stated they anticipate receiving a letter very shortly that will give the City 30 days in which to make a final decision; he felt it would be safe to say that by December 20th the City ought to have a decision made for HUD's purposes. Ms. Brainerd stated she wished to comment to members of the community who may have a concern that the Commission doesn't want to do ~this. They are not being hasty in this regard and she personally believes they do it right or not at all and hang tough on the require- ments, such as density. -2- 11/29/88 383 Mayor Campbell suggested that since they have already scheduled a joint meeting with the CRA, they convene on December 12th. He would urge each of the Commissioners to ask their questions of the staff in advance and the applicants direct. He would also suggest that for the convenience of staff, one day at 5:30 P.M. hold a special workshop for those Commissioners who wish to come and have the Housing Authority people there to respond to any questions. The City Manager suggested holding this meeting on Thursday, December 1st. Assistant City Attorney Kurtz advised they are going to be closing on the Housing Authority property this coming Friday; it may be appropriate for the Commission by motion to direct staff to begin the rezoning process for all three of the developments. One would have to be rezoned to PRD-7 and the other two to RM. Ms. McCarty moved to direct staff to begin the rezoning pro- cesses for the three developments, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell advised that once the applicant has been select- ed that necessarily does not close the issue and they must move as fast as possible, not only toward a contract, but approving tentatively a site plan and the very nature of the project itself. 2. The City Manager reported that this is an addendum to do the make ready testing for the air scrubbing devices; it is a $35,000 item. The City Attorney advised it is to do the testing, and second- ly, to do the study about how much it is going to cost the City in the years ahead to continue to operate the air strippers; that number and those factors are something they will need for litigation. Upon question by Mr. Weatherspoon, the City Attorney stated it is his understanding that they anticipated, and in fact,the startup and testing is part of the original contract; what this addendum does is additional testing that DER wants the City to do for permit purposes. Ms. Brainerd moved for approval of Addendum No. 3 to CH2M Hill agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 3. Mayor Campbell reported Mr. Simon came to him and was concerned about the nature of the contract. Since they have already approved, at one time, a standard format contract, he would suggest that all they really need to do is to make two addenda (1) deleting any further reference and obligation regarding the building and (2) change the legal description on the site of the tennis courts; everything else can essentially remain the same. Mayor Campbell stated several pages of the addenda he received are now becoming standard and he appreciates that effort on the City Attorney's part; however, since we already had that contract at one time and approved, he did not believe it would be necessary to go to that extent. The City Attorney advised the other contract was fine as it was; this form is just better for the City's interests, further trying to refine contract language as they go along. He knew the Commission had expressed some concern with regard to having some sort of cap or limitation on the fees and that is not a part of the old contract. Ms. Brainerd moved to so modify the contract with Roy Simon for Lake Ida Tennis Facility, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 7:45 P.M. -3- 11/29/88 384 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of November 29, 1988, which minutes were formal- ly approved and adopted by the City Commission on ~f~. ~2-~, f~p . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -4- 11/29/88