Loading...
06-03-86SpMtg JUNE 3, 1986 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, June 3, 1986. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington 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 City's participation in purchase of public parking lot in vicinity of Palm Square; (2) considering conditional use and site plan approval - Patio Delray; (3) considering comments from Delray Beach on five proposed land use amendments to the Palm Beach County Comprehensive Plan to allow commercial development in four County pockets and a portion of the Delray Beach Reserve Area; (4) considering authorizing payment of Requisition No. 8 to S.G. Phillips Constructors of Florida, Inc., in the amount of $1,024,625.69; (5) considering resolution of inspection problem at South Central Regional Wastewater Treatment Plant (Council Member Dougherty); (6) considering approval of air conditioning instal- lation at Delray Beach Municipal Golf Course Restaurant; and (7) consid- ering approval of "First Rider to Agreement"/Revised Final Draft of Agreement between City, School Board, Flemings/Coury Investments, Ltd. regarding Barwick Road School Site. 1. Mayor Campbell reported that last week Council had a site plan request on behalf of the Patio Delray; the P&Z Board, after hearings, determined that there were 14 parking spaces required apart from the exact location of the building. There is a parking lot across the street from the Patio Delray and when this first came to Council there was discussion of a deal that was made between the Downtown Development Authority, the Community Redevelopment Agency and the owners of the property that the City would buy the parking lot of 45 spaces; in that purchase and paving, the applicant would be responsible on a pro rata basis for 14 of those 45 spaces. When the application came back to Council last week there was no mention of this; the 14 spaces were to be provided for and Mr. Dougherty and Mrs. Horenburger wanted to resolve the issue of that deal first before any consideration of the approval of the site plan. Connie Tuttle, Chairman of the DDA, advised they had made a proposal that they would purchase the property along with the City in that parking area. There were 14 spaces that the developer was to provide; however, since that time the DDA heard that this offer was no longer valid. At this point the developer has said that he will provide 14 additional spaces which would meet the code for that project. She stated that at this point in time, since the lot is not available for the DDA to purchase, it looks like the 14 spaces will be provided. Mr. Bird stated that parking in that area is going to be critical, not only to the best interests of this particular developer but to the City in general. He would suggest that Council authorize someone to remeet with the petitioner and rediscuss the original under- standing which would have allowed him to give up the entire parcel for development as a parking lot. Failing that, whomever negotiates for the City, come back to Council and if we cannot obtain the property through peaceful means, so to speak, then he would suggest that the City go to eminent domain. Mr. Bird moved to designate a negotiating party composed of Connie Tuttle from the DDA, Ken Simback, CRA, and the City Attorney to contact Mr. Handelsman and reinform him of Council's concern and our willingness to participate under the originally agreed upon conditions, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated Council cannot approve anything without a formal appraisal on the property. Mrs. Horenburger advised her concern is the balance of the property where the 14 spaces are going to be located. She felt Council needs to take a good hard look at this and discuss it. Carl Gezelschap, attorney, stated Council speaks of the devel- oper as being the party in control of the destiny of this property on the east side of Palm Square; that is not the fact. When it comes to actually making a contract for a deal, Council will have to deal with the owners of that property. They, Patio Associates, have been able to arrange with those two owners of Lots 56, 57 and 58 to purchase that portion of those lots to provide for parking for 14 cars so that it will become an integral part of the Patio overall site. Upon question by Mayor Campbell, Mrs. Tuttle advised that the seller would pay 14/45th of the total, the City would pay half of the other amount and the DDA would pay the other half. At this point the roll was called to the motion. 2. Upon question by Mayor Campbell as to whether Council can go ahead and approve the site plan now that the City is officially going to be negotiating for the purchase, or is it necessarily so tied in with the other transaction that it must be deferred, the City Attorney advised that if it is Council's intention to purchase the property either through negotiated sale or through condemnation procedures, then the other issue really is essentially moot. What Council is saying is that they are going to acquire that other piece of property and as a condition of site and development plan and conditional use approval they want the applicant to say that they agree to pay 14/45ths of whatever the ultimate land cost turns out to be, either by negotiated sale or by condemnation. The City Attorney advised that it ought to be on the record that the applicant is agreeable to those alternative conditions as conditions of approval of the conditional use and site and develop- ment plan. Mr. Gezelschap advised he cannot speak to this; he stated he knows from prior conversations with Mr. Handelsman that he would not enter into anything in which he did not know the exact figure. Mr. Bird moved to table the site plan approval until June 10th, seconded by Mrs. Horenburger. (Mrs. Horenburger left the Council Chambers before roll call). Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 3. Mayor Campbell advised this item concerns four County pockets; we have five requests that have been sent to the County Commission for changes in their Land Use Plan. The requests for the change would deviate from the City's current LUP designation and the County has asked for input from the City prior to final consideration of any changes in these pockets. The Planning Department requests that Council comment on the parcels as to whether we agree with the proposed requested changes. Robert Cohn, Planning Director, stated the first three parcels are located in about the same general area on South Federal Highway on the east side, basically between Avenue H and Avenue G. The first one, which is County Amendment No. 4 would be to amend the County's plan from -2- 6/3/86 multi-family residential to commercial on one lot; this lot would be used in conjunction with some additional property that is already zoned commercial in the County. Mr. Cohn advised that in looking at this area in their study they feel that it is appropriate to generally expand the commercial back to Frederick Boulevard. Mr. Bird moved for approval, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Cohn advised County Amendment No. 5 is located just to the north of LaMat Avenue, basically between LaMat and Avenue G, and would expand the depth of commercial back to Frederick Boulevard; their understanding is that the owner would ultimately look toward perhaps an automobile agency, but there is no precise proposal for the property at this time. They recommend approval. Mr. Bird moved for approval, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty as to the inconvenience to the public by vacating Avenue G, Beril Kruger, representing three people who are requesting land use changes, stated that the County has designated three streets that go from Florida Boulevard to Dixie Highway, Avenue L, LaMat and Tropic Boulevard. The rest of the streets are dirt roads and they want to get rid of them; the only ones that have access to them are the property owners on each side and the property owners are the ones that are developing the property. At this point the roll was called to the motion. Mr. Cohn reported County Amendment No. 6 is located just to the north of No. 5. Most of the lots are on the west side of Frederick Boulevard; however, there are three proposed lots that would extend the commercial land use and zoning on the east side of the street. The Planning Department basically feels that Frederick Boulevard establishes a natural boundary for the extension of the commercial east from Federal Highway. The County has apparently already zoned six lots on the east side of Frederick for commercial. Mr. Cohn stated he still has a problem with this and would really prefer to contain the commercial west of Frederick; there is still some opportunity east of Frederick to assemble some vacant properties and existing houses that are in dis- repair and possibly put together a quality multi-family development on that side. They support the amendment up to Frederick, but not east of it. Mr. Bird moved to support the staff recommendation, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Kruger pointed out that Ralph Buick, which is directly to the north of this property, has been allowed to be rezoned beyond that point on Frederick Boulevard within the past year. He stated he and Mr. Cohn looked at the property and the fence on the south side of Ralph Buick is a six foot high chain link fence with no landscaping. This property does have a LUP designation of commercial in the County; they are directly abutting the commercial which goes back to Florida Boule- vard. What the petitioner wants to do is come back half of the block, come over and square off and make that one complete parcel, expanding his dealership which is there now. Mayor Campbell clarified that the argument is that Frederick Boulevard north of Avenue G should not be the boundary of the com- mercial, but south of Avenue G should be the boundary. North of Avenue 3 6/3/86 G, it should go further east, half the block. Tore Wallin, 2717 Florida Boulevard, Tropic Bay Condominium, advised that Mr. Kruger made the statement that Ralph Buick was just changed last year; he is absolutely wrong. The only thing that was changed last year was the piece north of the present Buick property along Florida Boulevard. The piece Mr. Kruger made reference to has been Buick for many years. Before voting, Mayor Campbell stated he would have to accept staff recommendation at this time; however, he would like an opportunity at some time in the future to revisit the issue because of the fact that the property is triangular shaped, the designations are changing and that there is an appropriate boundary change. At this point the roll was called to the motion. Mr. Cohn advised that County Amendment No. 7 is located in the Reserve Annexation Area on the west side of Military Trail south of Linton Boulevard, just south of the Polo Plaza project. The proposal is for commercial land use; the City presently has this designated for single family on its LUP. In their pocket and reserve area study, they were looking at potentially a multi-family zoning of a low density. Staff recommends denial. Mr. Bird clarified that Council is being asked to approve a piece which is surrounded on the south by multi-family and would be surrounded on the west and north by single family. Mr. Bird moved for approval of staff recommendation (denial), seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. County Amendment No. 10 is a 19 acre site located at the northeast corner of West Atlantic Avenue and Barwick Road; the request is to change the land use from a low density currently zoned AR in the County to a commercial potential land use. Staff would recommend denial on this as they feel Barwick Road makes a natural divider between residential and commercial uses and they would not encourage further expansion of the significant amount of commercial land. Mr. Dougherty moved for approval of staff recommendation (denial), seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Murray Kalish, resident of the area west of Delray Beach, stated he is intensely concerned with the recommendations made here this evening. He urged Council to either have someone at both the County Land Use Board meetings or Zoning Board to express an opinion or have letters sent to the land use people and staff so that the City's partic- ular desires are known. 4. Mr. Bird moved for authorization of payment of Requisition No. 8 to S.G. Phillips in the amount of $1,024,625.69 with the funds to come from the bond proceeds, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Dougherty advised he intended to ask for deletion of this item, inasmuch as through a series of meetings everyone has come to an agreement and some corrective action is already in progress. Mr. Bird moved for deletion of this item, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -4- 6/3/86 6. The City Manager stated he wanted Council to be aware of what this unit is. The air conditioner would be somewhat different that what was originally proposed; in this instance the air handling unit is located physically within the clubhouse with the condenser on the outside. The price is going to be $6,524 with another $500 worth of electrical work; they intend to issue a contract to Personalized Air Conditioning of Boca Raton and are looking for installation in July. Mr. Bird moved for authorization of contract with Personalized Air Conditioning of Boca Raton in the amount of $6,524 for installation of an air conditioner at the golf course clubhouse with funds to come from the Golf Course Funds, the electrical work to be done by City forces, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - 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 he thought Council had decided to delay any installation of air conditioning equipment until such time as we had the contract for the architect and the architect's report. He ques- tioned whether this would be consistent with the improvements that the architect might come up with and also asked for the status of the contract with the architect. The City Manager advised that when this was discussed several weeks ago there was still a consensus of Council to proceed and get a bid for the air conditioner and at the same time secure services of an architect. Council has been furnished a list of three architectural firms and it is recommended that they be interviewed at the next workshop meeting for a selection; they can then begin on a master plan. Mr. Bird commented that this is a recoverable unit; one of the specifications given the Engineering Department was to make sure it was so that it could be used either in that location or another location. He stated he felt we are overdue in getting an air conditioner there and it will be especially needed during the hot summer months. At this point the roll was called to the motion. 7. The City Attorney advised that what Council would be doing by approving this tonight would be approving the First Rider to Agreement which Council approved last week; it makes three paragraph modifications and by so doing we would incorporate those revised paragraphs into a single document entitled "Revised Final Draft". That would be the document which would be executed by all parties. The changes in the agreement between the one Council adopted last week and this one, as they affect the City are: (1) as to the guarantee of the donation not affecting the unit basis; and (2) it would change with regard to the drainage issue in that the City would be responsible, not only for permitting and designing the drainage, but also for doing the installa- tion of the drainage system and excavating the drainage pond on the owners' retained property; the City would also be responsible for the cost and any claim for damages if negligent in doing the construction. Mrs. Horenburger stated the way this agreement is written now it gives the City the responsibility of excavating the drainage pond and leaves the fill for the owner of the property, the balance of the property, not the property being donated to the School Board; she has a real problem with this. She asked if there was a possibility of the City buying the fill and giving it to the School Board which would be of far less cost. The City Attorney replied they would not be willing to do that. Mrs. Horenburger advised she felt she could not approve something that has the City committing themselves to a very expensive proposition, probably something in the neighborhood of $40,000 or $50,000 to excavate the site. Mr. Weatherspoon concurred. The City Attorney advised that if the City does not authorize execution of the agreement tonight, then the School Board is going to reject it tomorrow night. Mayor Campbell stated he would be willing to try at least one more day of negotiation and endeavor to get a -5- 6/3/86 refinement of this additional document. Thomas Fleming advised that the City has not given any conces- sions to the property owner, they have given concessions to the School Board who will not do what they should be responsible to do in develop- ing a school. He stated the property being given (15 acres) is ap- praised at $566,000; the other up-to four acres which they agreed to dedicate for the use of the School Board for draining that school site, is worth that much more and can never be used for anyone for anything else. Mr. Dougherty moved to postpone this item and hold a special meeting tomorrow at 5:00 P.M., seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 8:25 P.M. ' ~ City Cl~rk 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 Council of June 3, 1986, which minutes were formally approved and adopted by the City Council on<~_~~//?~. City Clerk 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 Council. 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. -6- 6/3/86