Loading...
12-01-87 DECEMBER 1, 1987 A Regular 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 7:10 P.M., Tuesday, December 1, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Presentation of Plaque from Government Finance Officers Associ- ation. Mayor Campbell stated that they have again received a Certifi- cate of Achievement for Excellence in Financial Reporting for the City's comprehensive, annual financial report for the fiscal year ending September 1986. This is presented by the Government Finance Officers Association to cities whose reports are judged to substantially conform to program standards. Mayor Campbell stated he would like to thank Mr. Huddleston, Finance Director, and all of staff for another excellent year. He presented Mr. Huddleston with the plaque. David Huddleston accepted the plaque and stated he would like to thank the Commission and City Manager for their support and would also like to extend his appreciation to the employees of the Finance Department. 5. Mr. Dougherty requested that Item 8 be removed from the Consent Agenda and placed on the Regular Agenda. The City Attorney requested that Item 12 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to approve the agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 6. "Tour of the Americas" Bicycle Race. The Commission is to consider a request for approval of an Inter-Continental professional bicycle race, final leg through Delray Beach on Saturday, February 28, 1988, on U.S. No. 1. Approval is recommended. 7. Delray Affair. The Commission is to consider approval and endorsement of the Delray Affair to be held April 8-10, 1988. 9. Policy for Processing 1988 Land Use Plan Amendments. The Commission is to receive and file transmittal of Planning and Zoning action setting forth a policy regarding when two allowable Land Use Plan Amendments will be processed. The Planning and Zoning Board recommends approval. 10. Revised Water Service Agreement. The Commission is to consider approval of a revised water service agreement. The Planning and Zoning Board recommends approval. 11. Final Plat Approval - Stonehedge Subdivision. The Commission is to consider a request for final plat approval for Stonehedge Subdivi- sion, located at S.E. 3rd Avenue and S.E. 3rd Street. The Planning and Zoning Board recommends approval. Mrs. Horenburger moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA Planning, Development and Engineering 8. Policy for Processing of Amendments to a SAD. The Commission is to receive and file transmittal of Planning and Zoning Board action regarding policy for processing of modifications to SAD. The Planning and Zoning Board recommend approval. Mr. Dougherty stated he thought they had agreed to hold off establishing any interim policy until such time as the report was made by staff. If they are not going to wait then the subject should be discussed in full before they make a decision. He feels if the P&Z Board is going to study something then they should wait on making recommendations until the study is made. The Land Use Policy Guide states that every effort should be made to rezone existing SAD's back to the conventional zoning district; therefore, it does not make any sense to be making a recommendation for all kinds of conditional uses. Mayor Campbell stated when he read this originally it was being viewed as a procedural item, more than a substantive, actual change. They are not changing the concept of the SAD at this point, nor are they getting into any alteration of the ordinance requirements. David Kovacs, Planning Director, stated at present there is no procedure spelled out, or policy, on how to amend an SAD or any part thereof. There have been various methods on how changes have been made. By using the conditional use procedures, there are three levels of determination: non-impacting, a minor change which needs to be brought to the attention of the P&Z Board and a major change which requires notice to everyone within 500 feet and an ordinance enactment by the Commission. They have a problem with what direction to go in and this policy is a tool to be able to use. If they want to say that everything is a rezoning, they could do that. Mayor Campbell questioned if the P&Z Board's recommendation is that they want it to be treated as a conditional use change. Mr. Kovacs stated that they do; when they finish with the analysis they will be able to say why these items were created as SADs. They will then go back and decide whether or not some should still be SADs or should they go to conventional zoning. Upon question by Mayor Campbell, the City Attorney stated that the first question was, do all changes to SADs require to be treated as rezonings and his position was no. Those which require substantial changes would require an ordinance amendment. However, should they have notice at some point as it goes up the process, short of treating it as a complete rezoning. They arrived at the best middle ground which would be notices, however, they would not have to treat everything as a complete rezoning procedure. He is comfortable that this is better than they have ever had. Mrs. Horenburger stated that they already had this discussion and came to a consensus on this for the exact reasons stated here. They cannot turn all SADs over to regular commercial zoning as it will open some of those SADs to multiple uses, which they assured residents would not be in those places. They determined a few weeks ago that they would 2 12/1/87 wait for the study; however, in the meantime they have this policy which gives notice to nearby residents. Mrs. Horenburger moved to approve the policy for processing amendments to an SAD, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated that the Land Use Policy Guide states that the use of SADs should only be applied in unique situations and used only when conventional zoning districts cannot be applied. Every effort should be made to rezone existing SADs back to conventional zoning districts. He feels that what this is stating is that there is a very specific desire to do something, having considered all the effects of possible surrounding neighbors who would be affected, because of its uniqueness. This imposes a very strict obligation upon the governing body not to make changes to an SAD. Mrs. McCarty stated she would like to commend the P&Z Board and staff for trying to set forth a policy, as there has not been one dealing with SADs. They are talking about an interim policy for about eight weeks. When they can discuss this at length they will come forward with a policy to deal with this. At this point the roll was called to the motion. 12. Property for Low to Moderate Income Housing. The Commission is to consider authorizing execution of a contract between the City of Delray Beach and the Delray Beach Housing Authority for the purchase of approximately 20 acres to be used for low to moderate income housing. The City Attorney advised the Commission has been furnished a copy of revised agreement which has had a new paragraph added to it which the Housing Authority is requesting. On Page 2, Paragraph 12F, they wish to add a provision which states that the contract is contin- gent upon the City selling the other property to Procacci or, F.P.A, rather than an actual purchase of the property from the Housing Authori- ty, no matter what else happens. If the Commission wishes to purchase the property from the Housing Authority, no matter what, they should not have any problem with the language. If the transaction between the City and Procacci or F.P.A. does not take place, then the transaction between the City and the Housing Authority would not take place. Therefore, the second sentence in that paragraph would be deleted. Mr. Dougherty stated he thought they put a condition on the seller to expend the monies that the City is paying to him for the land within the City of Delray. These monies would be used for improvements, additions and new construction and/or the repayment of any financial indebtedness incurred to date in their planning. Mayor Campbell stated that he agrees that was part of their discussion; however, he is not sure it needs to be part of the contract. The City Attorney stated they could make a motion to approve the agreement with the addition of a paragraph requiring that the monies be earmarked for expenditures within the jurisdictional limits of the City. Mayor Campbell stated he does not have a major problem with that; however, he questioned if this would keep the contract technically open for a considerable period of time. The City Attorney advised that is correct; it could be open until they expend $275,000. Mrs. McCarty stated she recalls Mr. Federspiel having a legal problem with the Housing Authority spending monies within the city limits of Delray. Mayor Campbell stated he is not sure that they are even allowed to go into a territory which is serviced by another housing authority. Mayor Campbell stated that he still feels very strongly that they do not need to put anything into the contract; however, they do -3- 12/1/87 need to make a policy statement that they do not expect any of these funds to be expended on any kind of project outside the City of Delray. Furthermore, make it even stronger with regard to any future expendi- tures of funds outside the municipal district. Mayor Campbell questioned if it is the consensus of the Commis- sion that they would like the City Attorney to draft such a policy statement. Mrs. McCarty stated she would not mind seeing it put in the contract if it is legal to put it there. If Mr. Federspiel and the City Attorney feel it is legal, they can place it in the contract; if not, they could make a policy statement. Mayor Campbell stated he would also like to ask that there be some reason given by the County why they do not accept the responsibility for West Delray. Mrs. Horenburger moved to authorize execution of the contract with modifications, if amenable to the two attorneys, between the City of Delray Beach and the Delray Beach Housing Authority for the 20 acres for low to moderate income housing, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 13. Site Plan Approval - Linton Office Center. The Commission is to consider a request for site plan approval for establishment of Linton Office Center, located on Linton Boulevard at Germantown Road Extension. The Planning and Zoning Board recommend approval, subject to the condi- tions as set forth in the Planning Department's memorandum. Mr. Weatherspoon moved to approve the site plan for Linton Office Center, subject to the conditions of Planning and Zoning, second- ed by Mrs. McCarty. Mrs. Horenburger questioned why they are seeing this item before the variance procedure. Mr. Kovacs stated that it is recommended the Commission approve this item pursuant to the recommendation of the P&Z Board, but subject to a condition that if any of the required variances are denied by the Board of Adjustment, the site plan would be modified accordingly and approved by the P&Z Board as a minor modification. Mr. McMurrian asked for action to be taken this calendar year which is why they are seeing this before the variance procedure. Mrs. McCarty stated she has a problem with not having any criteria to determine whether or not they should go over the 48 foot height limit. It should be incumbent upon the applicant to meet the criteria and prove why they should exceed the limitation. Alan Ciklin, representing Ocean Properties, the applicant, stated the reason it was important to move this ahead prior to the variance was because of contractual obligations. If the variance is denied they would develop the property under the guidelines of the Zoning Code. The height variance is important to them as there is a certain number of square feet necessary in an office building in order to attract grade A, quality tenants and most first class office build- ings require underground parking. This particular building only has four stories of office space, the bottom floor is parking area. To the immediate east of this property is the Lavers Resort and most of those buildings are five stories. Once you get down to the Dotterel Road area there is the Lake Delray Apartments which are also five stories, and behind the site is the Waterford Development of Regional Impact. These types of uses are not offended by an additional 11 feet. He feels that when you look at this site geographically it dove tails with the Land Use Policy #2, in what is proposed to be the overlay. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. Mr. Weatherspoon stated that since Ocean Properties owns the property surrounding this site, could they not obtain more land and have the parking on the outer perimeter. Mr. Ciklin stated it could be possible; however, the property is being developed in phases. The six -4- 12/1/87 acres is supposed to be a self-contained unit for office use, the restaurant and bank, the 19 acres are to be developed as more retail. He stated that the primary motivating force is that people who want class A office space also want underground parking. Mr. Dougherty stated that when the Delint project was original- ly considered there was a major problem with the traffic. He feels that by piece mealing this project now, they may be overlooking the traffic problems which ultimately would be incurred when they develop the entire site. Mr. Kovacs advised that when the site plan came before the P&Z Board in July, instead of acting on the plan they went back to revisit the CRJ project, which encompassed the whole 26 acres, and its relation- ship with Delint. The P&Z Board went over all the conditions which applied to the CRJ property and picked out all of those which would apply to this development. The only changes between what was required for the CRJ property, which is about three times the size, and this particular property is the access points on the southwest half. There- fore, the whole traffic item was looked at before they got back to the site plan itself. This project is about one third of the size of the previous one and there is no material difference in the traffic consid- erations. Upon question by Mr. Dougherty, Mr. Kovacs stated the property itself has not been platted with all the dedications provided. Dedica- tions were made by easement in order to accommodate the widening of Linton Boulevard. When the site plan was drawn, it was drawn with a given set of boundaries. The Engineering Department has put additional requirements on the entry road and the intersection at Germantown Road Extended and Linton Boulevard. Also, the actual improvements of widen- ing Linton Boulevard have been put in place since then and the medians set. As a condition of the site plan, they are requiring that they get a complete survey of the physical improvements and where the ultimate right-of-way will be for the north boundary of this site. If that right-of-way encroaches upon what they have shown as their site plan, they will have to adjust it as opposed to requesting a variance for their landscaping. Mayor Campbell returned to the Commission Chambers at this time. Upon question by Mr. Dougherty as to what the special circum- stances were that required the site plan approval to come before the Commission tonight, prior to going before the Board of Adjustment, Tom McMurrian, Vice-President of Ocean Properties, advised they have an obligation with the person they are buying from that they satisfy a few conditions prior to closing. They will be closing on the 15th of December and it is uncomfortable to pay the amount of money they have to pay without knowing that they have prior approval of the site plan. Mr. Kovacs stated in this situation if the applicant cannot get the variances from the Board of Adjustment, they will redesign the site plan to the limits of the Community Commercial zone. Upon question by Mr. Weatherspoon, Robert Currie, architect, stated they could have placed the drive-in tellers hard up against the building. However, that would require that they have parking around it and people would have to walk across the lanes to get to the building. Mrs. Horenburger stated that she feels she cannot vote for this site plan tonight because of the variance issues. They have a legal procedure for addressing variances and that procedure has not been gone through yet. Any decision the Commission makes would certainly color the position of those with regard to approval of the site plan. The City Attorney stated that he does not feel the Commission's vote to approve tonight would be approving the variances. However, the Commission enacted a policy that no item was to appear before them for approval unless all of the other administrative approvals had been obtained. Mr. Kovacs stated that the P&Z Board has made a specific recommendation to the Board of Adjustment supporting the variance -5- 12/1/87 request. However, the recommendation in the Commission's documentation is not taking that same position so that they would not be making that recommendation to the Board of Adjustment. Mr. Ciklin stated that they have no expectation that the Commission's vote tonight will have any reflection on the variance request. Mayor Campbell stated that, conceptually, if they were to approve the site plan tonight, but place a condition on it that the height should not exceed the limit, that would render the variance issue moot. He questioned if that would be acceptable if passed in that manner. Mr. Ciklin stated it would not as they would like the opportu- nity to go for the height variance. Helen Coopersmith, representing PROD, stated that she was on the Land Use Committee and one thing they fought for was a height limitation. She finds it very disconcerting that, even though the overlay ordinance does not exist, the P&Z Board saw fit, at an informal work session, to support the variance. She feels they should hold a public hearing on this issue as no one knows that someone is considering increasing the height. Mr. Kovacs stated that the quote regarding the informal work session was contained in the site plan for Linton Office Center, which was a part of the public documentation put out prior to the P&Z Board's meeting of November 16th. It was written so that the public could have it and it was made available before the P&Z Board's recommendation on this item. Sam Schwimer, 1061 Orange Terrace, stated that at the time the Land Use Committee was operating the Commission hired Dr. Lance DeHaven Smith to do a survey. It stated that 61% of the residents felt that buildings taller than four stories should not be allowed under any circumstances. At the time the ordinance was passed establishing the limits, an organization called the Coalition for Good Government went out and got petitions signed. The Commission was very much influenced by this and decided to establish the limitation. Mr. Weatherspoon stated that just because the market study stated that they would get more executives in the building if there is underground parking is not justification to exceed the height limit. Mrs. Horenburger made a substitute motion to postpone consider- ation of the site plan approval for the Linton Office Center until such time as they have been through the variance procedure for the two variances stated in the documentation, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 96-87 - Amending Code - Amendments to Waterford Place - D.R.I. Ordinance No. 96-87, relative to making changes to the Development Order and S.A.D. for the Waterford Place D.R.I., is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 96-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE WATERFORD PLACE (FORMERLY DELINT CENTER) DEVELOPMENT OF REGIONAL IMPACT BY AMENDING SECTION 3 (DEALING WITH THE SITE PLAN APPROVAL) OF ORDINANCE NO. 79-84, A REZONING ORDINANCE AND LOCAL ISSUES ITEM 22, TRANSPORTATION ITEMS 16, 17, 18 AND 19 OF RESOLUTION NO. 49-85 A DEVELOPMENT ORDER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -6- 12/1/87 The City Attorney advised the Commission has been furnished a copy of the revised Ordinance No. 96-87 which adds items to it to make stricter control over the changes. Mr. Weatherspoon moved for the adoption of Ordinance No. 96-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 97-87 - Amending Code - Establishing the Nassau Street Historic District. Ordinance No. 97-87, relative to designating an area located on the north and south sides of Nassau Street, between Venetian Drive and Ocean Boulevard as Historic Preservation District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 12, 1988. The Acting City Manager presented Ordinance No. 97-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE NORTH AND SOUTH SIDES OF NASSAU STREET, BETWEEN VENETIAN DRIVE AND OCEAN BOULEVARD (A1A), AN HISTORIC PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 97-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 16. Ordinance No. 98-87 - Changin$ the City's Land use Plan Desig- nation (Haggerty Development). Ordinance No. 98-87, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel from ART (Agricultural Residential Transitional), in part and SF (Single Family), in part to MF-H (Multiple Family High Density), located south of S.W. 10th Street, between S.W. 8th Avenue and Germantown Road, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 98-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED SOUTH OF S.W. 10TH STREET BETWEEN S.W. 8TH AVENUE AND GERMANTOWN ROAD, FROM ART, AGRICULTURAL RESIDENTIAL TRANSITIONAL, IN PART, AND SF, SINGLE FAMILY, IN PART, TO MF-H, MULTIPLE FAMILY HIGH DENSITY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 98-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mayor Campbell stated he would urge the Commission to look at this very carefully as it is an increase in high density and, in light of some of the activities passed by the Commission -7- 12/1/87 with regard to limitation of population, he plans to review the under- lying circumstances. At this point the roll was called to the motion. 17. Ordinance No. 99-87 - Changing the City's Land use Plan to Provide for the'Designation o'f "Larg.e Scale Mixed Use". Ordinance No. 99-87, relative to changing the Land Use Element of the City's Compre- hensive Plan to provide for the designation of "Large Scale Mixed Use", is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 99-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE DEVELOPMENT DESIGNATION, WHICH LAND USE CATEGORY WILL BE SHOWN ON THE LAND USE PLAN MAP IN ON OVERLAY MANNER AND WILL BE INTENDED TO IDENTIFY THE APPROXIMATE LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH LARGE SCALE MIXED USE DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 99-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 18. Ordinance No. 100-87 - Changing .the City's Land Use Plan to Affix the Designation of "Larqe Scale Mixed Use" to the General Area South of the Delray Drive-In. Ordinance No. 100-87, relative to chang- ing the City's Land Use Plan to affix the designation of "Large Scale Mixed Use" to the general area south of the Delray Drive-in, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 100-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LAND IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, GENERALLY IN THE VICINITY OF THE DELRAY DRIVE-IN AND SPECIFICALLY INCLUDING A PARCEL LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, BETWEEN ALLEN AVENUE AND THE DELRAY DRIVE-IN THEATRE FROM C, COMMERCIAL, IN PART, MF-10, MULTIPLE FAMILY - 10 UNITS/ACRE, IN PART, AND SF, SINGLE FAMILY, IN PART, TO ACCOMMODATE THE OVERLAY DESIGNATION OF LARGE SCALE MIXED USE DEVELOPMENT. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 100-87 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that there is a proposed project, a portion of which is in Gulfstream, and they are objecting to the City using the overlay concept. He questioned if, by amending the land use plan, are they affecting the proposed project and do they still have the option to deny it. The City Attorney advised that they could. 8 12/1/87 Mrs. Horenburger stated she has a concern that this is precipi- tous as they need more specific policy, material and data developed on the ratio of the uses and the text of the mixed use development. It has not been nailed down exactly what kind of ratio of uses they are going to permit in this category and what geographic locations would apply. She would consider postponing this item until such time as that work has been done. Mrs. Horenburger made a substitute motion to postpone this item until such time as they have more specific data and policy on the ratio of uses and the geographic locations in the text of the Large Scale Mixed Use developments, seconded by Mrs. McCarty. Mr. Kovacs stated perhaps a more appropriate motion would be to reconsider Item 17 as the establishment of the district is within that text; Item 18 is the actual application to a geographic area. If you separate Item 18 from the package it would become an amendment to become enacted in 1988. Upon question by Mrs. Horenburger if she were to withdraw her motion and they were to pass this ordinance on First Reading, could the P&Z Board and Planning Department come up with a more specific policy on the ratios of uses and the geographic locations before December 22nd, Mr. Kovacs advised they could. Mrs. Horenburger withdrew her substitute motion, Mrs. McCarty withdrew her second. At this point the roll was called to the original motion. General Administration, Finance and Personnel. 19. Proposed Pension Plan Modification Ordinances. The City Attorney stated that a number of weeks ago, at a workshop session, the Commission heard presentations by the City's actuaries on the General Employees pension plan and the Police and Fire pension plans. As a result of that, the Commission directed staff to investigate some modifications to the pension plan ordinances and benefits which are still on-going. However, two of the items are ready for the Commis- sion's consideration. There are five draft ordinances in front of the Commission tonight; the Police and Fire Pension Board today voted unanimously to support draft 92 with a 2% increase. Upon question by the City Attorney, the City Clerk advised the ordinance would be Ordinance No. 102-87. Mrs. Horenburger moved for the adoption of Ordinance No. 102-87 on First Reading, inserting into the blank spot 2%, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Abstained; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote, with Mr. Dougherty abstaining. (Note: Since the caption was not read, this item will be brought back for First Reading at the December 8th meeting). The City Attorney stated that the second item concerns drafts 4 and 5; one is for the General Employees plan and one is for the Police and Fire plan. They change the spouse designation, for your monthly income if you die, to be spouse or other beneficiary. The Pension Board recommend adoption of both these ordinances, subject to them adding additional language which would create within it a cap on the benefits. They would like to make it the actuarial equivalent for the beneficiary. Following discussion, it was the consensus of the Commission to postpone drafts 4 and 5 until the next regular meeting. Legal Mrs. McCarty left the Commission Chambers at this time. -9- 12/1/87 20. Marjorie and Thomas Nurmi vs City of Delray Beach. The Commis- sion is to consider settlement offer regarding Marjorie and Thomas Nurmi vs City of Delray Beach. The City Attorney recommends denial. Mr. Weatherspoon moved to ratify the City Attorney's recommen- dation for denial, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. McCarty returned to the Commission Chambers at this time. 21. Glenn DeSort vs City of Delray Beach. The Commission is to consider settlement offer regarding Glenn DeSort vs City of Delray Beach. The City Attorney recommends denial. The City Attorney stated this is an offer to settle for $25,000. They do not feel the figure is appropriate and should be denied. Mr. Weatherspoon moved to accept the recommendation to deny, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 22.1. Paul Smith, 924 Jasmine Drive, stated he would like to compli- ment the Commission on getting $500,000 from the State and for doing a great job in handling the scrub land situation. However, he objects to the spending of taxpayers money on the Commission's trip to Las Vegas for the League of Cities convention. He feels it is poor judgment and management to have all the Commissioners and a few staff members attend. 22.2. Don Doornbos, 2320 Spanish Trail, stated he concurs with Mr. Smith's comments. However, he will reserve judgment until he sees what they report back to the residents as to what was accomplished. 22.3. George Canon, a vendor of the Flea Market, stated he contacted one of the Commissioners who enlightened him to the problems which are happening between the Swap Shop and Delray Beach. He feels if there is a problem the Commission should try and work with the vendors. 22.4. Andrea McGirr, a vendor of the Swap Shop, stated the people being hurt by having the Police out in force ticketing cars are the tourists who come to spend their money in the City of Delray. 22.5. Jean Beer, 945 Tropic Boulevard, stated she would like to concur with everything Mr. Smith and Mr. Doornbos said. Conventions have many workshops and minutes can be gotten from those meetings. She feels it is overdoing it to have so many people attend the Las Vegas meeting. 22.6. Maurice Berman stated he feels they should set up some kind of workshop between the Commission and the vendors of the Swap Shop. 23.a.1. Mrs. Horenburger stated she would like to comment on the National League of Cities Conference. She feels this has been blown out of proportion and has become an emotional issue. There are many cities who send all of their Commissioners. She feels that one of the major purposes of this conference is showing up in numbers so that the message is clearly sent that they cannot make mandates which are outrageous and overburdening cities to come up with millions of dollars. She feels they would not have drawn very much attention at all if the conference was held in any city other than Las Vegas. 23.a.2. Mrs. McCarty stated the Commission received a letter from Digby Bridges, Chairman of the Community Appearance Board. They would like some direction as to signs which are not in compliance but are his- torical or nostalgic and they would like to keep them. She requested that this be placed on a workshop meeting for discussion. -10- 12/1/87 23.a.3. Mrs. McCarty stated that she would like to get staff more involved in applying for grants; there are over 3,000 available and all you have to do is apply. She feels Delray Beach could probably qualify for a lot of grants that they are not aware of. She suggested that Kathy Daley could perhaps help staff get more involved. 23.a.4. Mrs. McCarty stated, in conjunction with tonight's award to the Finance Department, and an idea from one of the City Manager applicants, she learned that they applied for every award they could and, as a result, that community received a lot of awards. She would like to get staff more involved as there are probably some departments not getting the recognition they should. 23.a.5. Mr. Dougherty requested the status of the annexation acquisi- tions. Mr. Kovacs advised he will be coming back to the Commission with the identification of each enclave, what level of service can be provided, what the revenue flow is from those parcels and what long term costs they have. He also has two options for the Commission: one is to annex all of the enclaves immediately and then go through the land use and zoning process or they could do the rezoning concurrently with each annexation. If he were to give this information to the Commission at their first workshop in January, and they were to come back at their next meeting and directed staff to proceed, the first set of properties would perhaps come into the City in April or May. 23.a.6. Mr. Dougherty stated that they have been talking about the streetscaping and landscaping of Atlantic Avenue. He would like to have some idea as to when they are going to have some plans for the redevel- opment of Atlantic Avenue. He questioned if they have given the CRA any directions to begin to look at this redevelopment. Mayor Campbell stated the most significant things which are happening are the CRA's endeavors with the courthouse and the time and energy spent in negotiating with the owner of the residential property on the eminent domain matter. He will invite Mr. Lynch to attend a meeting to give the Commission a recap on their activities. 23.a.7. Mr. Dougherty questioned if they have made contact with the County and DOT regarding Federal Highway. The City Attorney advised they have been contacted; however, the problem at the moment is trying to coordinate four or five different schedules. Hopefully, they will have a meeting next week. 23.a.8. Mr. Dougherty stated that since he has been on the Commission he has never seen an affirmative action report submitted. He requested that staff be directed to prepare such a report and submit it to the Commission some time in January. He would like to see what all their categories of positions are, how many minorities they have in each category, etc. 23.b.1. The City Attorney stated that on the last agenda there was an item regarding a settlement offer in the case of Durkee vs the City of Delray. They originally opened with demands in the six figure range, went down into the tens of thousands and ultimately demanded $5,000 last week. The Commission rejected that offer and a trial was scheduled for Monday. Today, he received an offer that they would dismiss their lawsuit, with prejudice, if the City would not pursue them for the City's costs to date. 23.b.2. The City Attorney stated that the Commission directed Jim Mercer and himself to negotiate the employment agreement with the new City Manager, Walter Barry. Approval of the agreement with Mr. Barry is tentatively scheduled for next week's agenda. Before he finalizes the contract, he would like to inform the Commission of the areas they have been discussing to make sure he is within the parameters discussed. Specifically, they have talked about Mr. Barry being here by mid Janu- ary, his salary would be at the top end of the spectrum, the benefit Package would include an automobile or car allowance, the City would provide the standard benefits provided to a general city employee with -11- 12/1/87 the same number of vacation days and holidays, he would be able to participate in the ICMA deferred comp plan, he would also like an agreement that if the City were to exercise their right to terminate a Manager during the course of the contract there would be severance pay - otherwise it would be a renewable agreement with the first renewal date being approximately 2 1/2 years from now, he is requesting moving expenses and some assistance with temporary living quarters for up to six months or whenever he sells his house in Melbourne. If these conditions are satisfactory, the contract will be on the agenda next Tuesday. Mayor Campbell declared the meeting adjourned at 9:55 P.M. ATTEST: 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 December 1, 1987, wh~h minutes were formally approved and adopted by the City Commission on ~.~. CitY tlerk 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. -12- 12/1/87