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11-19-85SpMtg NOVEMBER 19, 19 85 A Special Meeting of the City Council of the City of Delray Beach, Florida, w~s called to order by Vice-Mayor Marie Horenburger in the Council Chambers at City Hall at 7:08 P.M., Tuesday, November 19, 1985. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council Member Jimmy Weatherspoon Vice-Mayor Marie Horenburger Absent - Mayor Doak S. Campbell Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. Vice-~yor HOre nburger ca 1 led the meeting to order and announced that this meeting has been called for the purpose of: (1) Considering increasing line of credit to the Community Redevelopment Agency; (2) Considering contract revision for Barile Excavating and Pipeline Company, Inc., for Forcemain 60 relocation in the amount of $26,928 for total contract price of $189,444; (3) Considering authoriz- ing execution of proposed agreement between the City and Atlantic Plaza, Ltd., relative to additional parking requirements for the Atlantic Plaza Project; and (4) Considering First Reading of Ordinance No. 125-85 relative to annexing a 2.117 acre parcel, subject to POC (Planned Office Center) District, located at the northwest corner of Linton Boulevard and S.W. 10th Avenue (Garfield). (Second Reading and Public Hearing- December 17, 1985). 1. Vice-Mayor Horenburger advised that, at the request of the Community Redevelopment Agency, this item will be postponed until next week's regular agenda. 2. The City Manager stated that this item was discussed at the last workshop meeting and there was a request for additional informa- tion. 5Ir. Pontek, Director of Public Utilities, has staked out the site and is present tonight to answer any questions regarding the contract. Mr. Jacke 1 questioned if the Sherwood Park Home owner ' s Association has been contacted as they are very concerned about this matter. Personally, he does not like the two plans offered and feels there could be an alternative. Mr. Pontek stated he has contacted Ms. Eve Green who is the president of the Homeowner's Association and they discussed the two proposals. Mr. Jackel suggested that (1) if it is to the satisfaction of the homeowners, they could provide an easement beyond the right-of-way where they could put the forcemain and (2) they could locate the forcemain approximately 14 feet from the centerline of the present road, provide another lane of 12 feet making the forcemain at the edge of the proposed road, which may never come about. Upon question by Mr. Bird as to how much work can be done under the contract without making a decision on the location of the forcemain, Mr. Pontek advised the pipe can be purchased and stored on site; however, the preliminary staking would have to be delayed. Mr. Bird stated it is his understanding that the Kimley HOrn traffic study will not be completed for two weeks. They are not just talking about sewer lines, but also traffic flows, and he feels they should have all the information before making a final decision. He suggested that Council delay this item pending receipt of the Kimley Horn study, which they should have by the last meeting in December. Hopefully by then, they will know whether or not they have a problem. Upon question, the City Attorney advised they could propose an amendment to the contract to allow the City to purchase the materials up front and store them on-site. Mr. Bird moved to amend the contract as advised by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~]r. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Jackel stated he would not like to give the contractor any excuse to up the price of the contract. Mr. Bird stated perhaps they should reject all the bids, re-do the specs and just buy the materials. He feels a re-bid may be cheaper than a modification to the contract. Mr. Weatherspoon stated, with regard to the price, he feels that the contractor will be doing less work with option #2 than option #1. ~lr. Bird clarified that the motion is to authorize the acceptance of purchase of the materials and storage on site and to delay the consideration of the change order to December 17, 1985. At this point the roll was called to the motion. 3. The City Attorney advised this item was postponed from last week as there were several issues which had to be resolved. He met with Mr. Simon and his attorney yesterday and as a result of that discussion the revised agreement was delivered to Council today. He feels the agreement is an enforceable one and will do what Council intended; i.e., permit a two year period, from the date the office building has its shell c.o., within which time Council will be able to make a decision as to whether or not they want to require Atlantic Plaza to construct a new parking lot on the adjacent parcel. If Council fails to make a decision then it is waived and the monies would be paid from the in-lieu payments and Atlantic Plaza would post a bond for the construction cost only of $40,000. The agreement would also allow Atlantic Plaza, at the time they are told to build the parking lot, to build some of it and pay for the rest. Mr. Jackel moved to authorize execution of the proposed agreement between the City of Delray Beach and Atlantic Plaza, Ltd., relative to additional parking requirements for the Atlantic Plaza Project as stated by the City Attorney, seconded by Mr. Bird. Mr. Bird stated he feels it will be very difficult to iden- tify what the impact of the project will be until it is reasonably rented out and in use. Mr. David Schmidt, attorney representing Mr. Simon, stated the lenders are requiring that they have to have 40% of the project leased before they receive any money. Mr. Sandy Simon stated the new building has 50,000 square feet; they are negotiating with 15,000 to 20,000 square feet. If they signed now they would have approximately 50% of the building leased. In order for them to proceed they either have to pay the in-lieu fee or have this agreement. They feel that within the two years they should be able to have a study done and, if they are leased, they could project the amount of parking needed. Mr. Weatherspoon stated he feels they should have a pro- vision in the agreement so that they can look at the project in two years and if it is only 40% full they could extend the time frame. Mr. Simon stated there is one paragraph in the agreement which they had not discussed. He referred to Section 13, the determina- tion of option paragraph, and stated he could not sign this agreement with that paragraph in it. That paragraph would al low the City to cancel the agreement tonight if they so choose. - 2 - 11/19/85 Vice-Mayor Horenburger questioned what would happen to the in-lieu payment if the City decided not to exercise the option within the two years. The City Attorney advised Atlantic Plaza would have to pay the $137,500. Mr. Jackel questioned why they are discussing this agreement if the City is maintaining the right to say they do not want a parking lot. He also questioned what the parking ordinance is all about as this is a possible option for any development, not just this one. He feels they should not enter into an agreement if they are not going to do it wh ole-hea rted ly. Mr. Bird stated he does not have as much a problem with the paragraph as ~Ir. Simon does; however, he can understand his concern. Mr. Simon questioned what the City is trying to accomplish; if it is trying to make provisions that there will be parking available if shown to be needed then they have come to an agreement. However, he is surprised that the paragraph in question was never raised when they discussed the agreement yesterday and the City would like the opportu- nity to negate the agreement at any time. Mr. Bird stated he would have no problem in holding off for two years to make that decision if the other provisions were accounted for. Vice-~yor Horenburger stated she feels that Mr. Simon's concern is with the City exercising their option in an untimely fashion. The City Attorney questioned if it is Council' s wish to revise that language to say that if the City chooses not to exercise its option, Atlantic Plaza would have X number of days or years, within which to either construct the parking lot or pay the fee. ~lr. Bird stated if the issue, in Mr. Simon's mind, is that the City might put him at an economic disadvantage by doing this in an untimely manner, he can understand that. He feels that-Council's in- tention was that they would rather have the parking provided than the dollars. If they were to eliminate the City's ability to exercise its option prior to the date, which will be decided by the date of the c.o., that would satisfy Mr. Simon' s problem. However, he questioned what would happen if, after a year from the c.o., Council decides there is a need for additional parking; would such a modification to paragraph 13 preclude them from going to Mr. Simon and saying the time is now. Mr. Simon stated that he thought the intent was that during the two year period the City had the right to claim a need. If they are 100% full and have excess parking then he would like to be able to hire Kimley Horn, or whomever the City agrees on, to study whether or not they need the additional parking. Mr. Bird stated he disagrees with that and believes that is also the provision the City Attorney had a problem with. The City Attorney stated if that is Council' s intent he could insert a sentence to state that Atlantic Plaza shall either con- struct the parking lot or pay the necessary in-lieu fees within X number of weeks, months or years from the date Council so notifies them. That would then give them the option to construct or not construct. Mr. Bird questioned what the time frame for Mr. Simon is and whether they could put this item on a special agenda. He also ques- tioned whether or not they could authorize the permits to be pulled to commence construction as they work out the language. Mr. Simon stated he feels they can resolve this and he is willing to go along with Mr. Bird's suggestion. Mr. Bird stated he would like to see this on next week's agenda with each party in agreement. - 3 - 11/19/85 ~r. Bird made a substitute motion to authorize the Building Department to issue permits for the construction of the shell office building, so that .they may commence, and they will revisit this issue as soon as the attorneys can work out language, but no later than the 17th of December, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~lr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. 4. Ordinance No. 125-85 - Garfield Annexation. Ordinance No. 125-85, relative to annexing a 2.117 acre parcel, subject to POC (Planned Office Center) District, located at the northwest corner of Linton Boulevard and S.W. 10th Avenue, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held December 17th. The City Manager presented Ordinance No. 125-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 27 THROUGR 30, INCLUSIVE, SANDS O'SEA SUBDIVISION AND LOTS 43 THROUGH 46, INCLUSIVE, LESS THE SOUTH' 23 FEET THEREOF, SANDS O'SEA SUBDIVISION, AN ADDITION TO THE COUNTY OF PAL~I BEACH, ALL ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 10Th AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 125-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-~k%yor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Horenburger declared the meeting adjourned at 8:00 P.M. · ~ City' Clerk 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 Council of November 19, 19 85, which minutes were formally approved and adopted by the City Council on ,~'~. /~. F~ . - /~ Cit~ 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. - 4 - 11/19/85