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12-21-83SpMtg DECE~]BER 21, 1983 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by 5~ayor Willard V. Young in the Council Chambers at City Hall at 5:35 P.~., Wednesday, December 21, 1983. Roll call showed: Present - Council 5~ember ~mlcolm T. Bird Council hember Arthur Jackel Council 5~ember Ldward L. Perry hayor Willard V. Young Absent - Council ~ember Doak S. Campbell Also present were - Acting City hanager David Huddleston; City Attorney Herbert W.A. Tniele. Mayor Young called the meeting to order and announced that this meeting has been called for the purpose of (1) considering First Reading of Ordinance No. 90-83 annexing Blair property; (2) considering First Reading of Ordinance No. 91-83; rezoning, conditlonal use and site and development plan approval for Blair property; (3) considerin9 a partial release from the Unity of Title (Lavers); and (4) considering stipulation between Highland Beach and belray Beach re: sewer rates for Highland Beach. 1, Ordinance No. 90-83, annexing a 12.24 acre parcel of land subject to SAD (Special Activities District), located south of German- town Road, between Congress Avenue and S.W. 22nd Avenue (Blair), ~s before Council for consideration on First Reading. The City 5]anager presented Ordinance No. 90-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH a PARCEL OF LAND LOCATED IN SECTION 30, TO%~SHIP 46 SOU?H, RANGE 43 EAST, ~ICH LAND IS CONTIGUOUS TO EXISTIN~ ~UNICIPAL LIMI?S OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING ~HEREOF. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 90-83 on First Reading, seconded by ~. Perry. Upon roll call Council voted as follows: 5~. Bird - Yes; ~. Jackel - Yes; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 4 to 0 vote. 5~. Leo Blair thanked the City and wished everyone happy holidays. ~. Blair presented humorous Christmas gift certificates to Council member Jackel, John Walker, Bob Pontek, Nancy Davilla, the Planning and Zonin9 Board and the other members of Council. Further, Mr. Blair stated that due to the fact that the Germantown ~oad bridge was given to the Planning & Zoning Board tonight by gift certificate an~ they now own it, he requests that Council remove Item #13 from the list of conditions in the Decen~ber 20th memorandum and at a later date meet with the Planning & Zoning Board to decide what they want to do with their bridge. 2. Ordinance No. 91-83, rezoning, conditional use, site and development plan approval for a 12.24 acre parcel of land subject to SAD (Special Activities District) located south of Germantown Road, between Congress Avenue and S.W. 22nd Avenue (Blair), is before Council ~or consideration on First Reading. The City ~anager presented Ordinance No. 91-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRSSENTLY IN THL COUNTY OF PALM BEACH WITH COUNTY ZONING OF AR (AGRICUL- TURAL) DISTRICT, IN THE CITY ZONING SAD (SPECIAL AC- TIVITIES DISTRICT), BEING A 12.24 ACRE PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWELN S.W. 22ND AVENUE AND CONGRESS AVENUE, SAID LAND BEING IN SECTION 30, TO%~SHIP 46 SOUTH, RANGE 43 EAST; GR3~qTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING ~P OF DELRAY BEACH FLORIDA, 1983". The City Attorney read the caption of the ordinance. ~. Bird moved for adoption of Ordinance No. 91-83 on First Reading with the following changes: in Section 2 subparagraph (1), the wording be changed "That, prior to the issuance of any building permits, an ordinance stipulating that the number of parking spaces in an SAD District shall be established as part of the SAD ordinance; the number for this parcel shall be 607"; that subparagraph (p) be deleted and subsequent paragraphs be renumbered; that a Section 8 be added, a gen- eral repealer using standard City repealer language, seconded by ~. Jackel. Before roll call the following ~iscussion was had: ~. Bird explained why he is requesting these changes. Relative to the elimina- tion of subparagraph (p), he noted that the bridge does not belong to them nor does it belong to the developer; it belongs to Palm Beach County. It has been suggested to the Board of County Commissioners by some of the residents down there that it be closed. I~ that is their decision, it is indeed their decision and not ours. It seems lnappro- priate to be a part of this document. 5~. Jackel felt they should include language relative to height. Upon question by ~. Perry, hr. Chris Bowers, Fairfax Properties, explained that the reason the~ need the additional height is for the space above the ceilin9 for electronic communication equipment. At 5~. Perry's request, 5~. bowers explained subparagraph (o) of the ordinance. Mr. Bird amended his motion to add the following: to modif~ Section 2, subparagraph (k) "That, prior to issuance of building permits, an ordinance stipulating that the height for SAD shall be established as part of the SAD ordinance; the height for this project shall be deter- mined to be 57 feet", seconded by 5~. Jackel. Upon roll call Council voted as follows: 5~. Bird - Yes; 5~. Jackel - Yes; ~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 4 to 0 vote. 3. The City Attorney reported that Council has received a fourth revision of a partial release of Unity of Title. He explalned that there are two parcels in the Lavers development area, one on which there are condominiums and the other which has a clubhouse and related tennis facilities. The proposal was to sell the clubhouse Farcel to another entity; however, the clubhouse parcel and the condominium units parcel are tied together by a Unity of Title. It would require a re- lease for them to sell the clubhouse parcel. The City Attorney's office has three concerns relative to such a release: (1) its effect upon the clubhouse parcel; (2) what could be done to enforce keeping the club- house parcel as a clubhouse; and (3) what its effect would be on making the remaining units in the condominium nonconforming. As to the ~irst two issues, Council has before them a proposed partial release form which has been worked out between himself and ~!r. Chapin, attorney for Tartan/Lavers. It is intended to reflect that it is a covenant, only a partial release of the Unity, but is intended to be recorded along wltn the documents of sale to be a covenant that runs with the land, makin9 the clubhouse parcel subject to the covenant that it would forever be used for that particular use, clubhouse, restaurant, tennis facilities. The covenant has been made to enure to the benefit of the condominium parcel; if the covenant is breached, an enforcement action could be taken by the condominium associations to enforce the covenant; the C~ty would not have to participate. - 2 - 12/21/83 The City Attorney explained further that the third concern as to the nonconformity of the remaining parcel has not really been resolved. It is going to be a policy decision for Council. They were unable to come up with any other methodology other than the ~ollowing two options: (1) amending the zoning code to add a provision in the nonconforming use section which says, in effect, that when a Unity o~ Title is released, the nonconformity that is caused by the release would not prohibit parcels from being reconstructed, in the event oi damage, to their original configuration; that would apply across the board to all zoning districts, at least to all SAD or Rh-15 bistricts; (2) to make a different type of zoning on the parcel, that is SAb, the club- house parcel and the condominium parcel, because the densit~ require- ments of SAD are as Council sets them. That would have the effect o~ locking in the number of units presently existing and the site ~lan. he added that the latter of the two options is probably more site specific, quicker and probably easier to do and would have less problem for poten- tial abuse by other properties later on; however, either oFtion would resolve the nonconformity concern. Mr. Bird moved to approve and authorize execution o~ the fourth draft of the partial release declaration of Unity o~ ?itle on the condition that Lavers and the buyers submit a letter waiv±n9 their rlg~t to contest a subsequent rezoning of both parcels to SAD (Special Acti- vities District), both parcels shall be rezoned to SAD which the Adn~in~- stration is hereby directed to institute on behalf of the City, seconded by 5~. Jackel. Said motion passed unanimously. Mr. Robert Chapin thanked City Council and wished them a ~erry Christmas. Further, he advised that Lavers has delivered a letter waiving rights to any objections to the SAL zoning ordinance. Tomorrow he will secure a letter to the same effect from the buyers. He would like to bring the developers from Rocky hountain High Development Corp. of Denver, Colorado, to meet with members of Council and the Plannin9 a Zoning Board to explain what they are plannin9 to do. The Cit~ Attorney reported that Council has been provided with copies of a joint stipulation prepared by his office. It has been prepared in conjunction with discussions and negotiations with repre- sentatives from Highland Beach, specifically their attorneys, an~ ls done in light of the recommendation Council received by the Committee set up by the City of Delray Beach and the Town of Highland Beach. ~]e City Attorney explained that if Council authorizes execution of the joint stipulation it would have the effect of saying that the cities have agreed to be bound by the recommendations of an independent engi- neering firm called Hazen and Sawyer of Hollywood, Florida, and that they would be directed to conduct a study to set up a sewer rate system structure for sewer rate charges, taking into consideration both finan- cial and engineering matters; they would consider all those matters set forth in the prior stipulation, providing for interest on the charges currently outstanding at 5~% for anything above and beyond what Highland Beach has paid them. The reverse would be true if they have been over- billed in the interim. This rate structure that the engineer~n9 firm assembles would be the final resolution of the matter and would be applied retroactively to April 1982 when they began the new charges to Highland Beach. It would then be the basis for a new contract between the two entities. It is contingent on both parties, Delray ~each and Highland Beach, adopting the exact document. The City Attorney added that competitive biddin9 is waived under the Competitive Negotiations Act on the basis that the ~ee is going to be under $5,000 per City and that, in fact, it is a public emergency situation due to the fact that they have a February 13th trial date scheduled. Mr. Bird asked if there is a time frame relative to when they would be paid any overdue charges or when they would be required to pay any excess charges collected. ~he Cit~ Attorney advised he has been told that 5¼% is what they are indeed earning on the set aside monies. Further, 10 days from the time of the issuance of the report of the engineering firm is the mutually agreed upon time frame for pay Dack. Upon question by 5~. Jackel, the City Attorney advised that this w~ll not come back before Council; this action will be final. - 3 - 12/21/~3 Mr. Perry questioned (1) if the engineering firm is going to second guess their auditors; (2) if the firm is qualified; and (3) are they possibly setting a da99erous precedent. The City Attorney advised that the firm is going to take into consideration both engineering and financial matters. This firm has been recommended by people who are knowledgable about sewage and sewage rates; it is the consensus of the Citizens Committee that this firm would be the most acceptable. He cannot speak as to their qualifications. As for ~. Perry's third question, this might possibly set a precedent; however, the City does only have two written contracts for providing utility services; sewage service to Highland Beach and water service to Gulfstream. Council discussion was had relative to the nature o~ the engineering study. Mr. Jackel suggested amending this so that the recommendations of Hazen and Sawyer would not be final, so that this City and Highland Beach could have final approval authority. ~. Bird stated he thinks they have arrived at a point where they no longer have sufficient expertise in the area to provide meaningful input; they are now going to the experts. They probably will be treated 3ust as fairly this way as they could expect to be treated in Court. ~. Jack Pitts, Citizens Committee member, stated that he called the City Manager to give him a progress report to present to Council and was asked to appear here tonight. He did not know about the memo; the committee did not feel they had that much authority. They did choose Hazen & Sawyer as the firm and he presented a document s~owln9 their sewage qualifications. They have handled 700 accounts in cities and the committee felt they were well experienced; also they were the low bidder. They are in the process of making a contract with them and they expect to get started by the first of the year or sooner. The~ expect to have an answer in two to three weeks; the committee expects to take that answer and present it to Council for their acceptance. ?hey didn't feel they had the authority, as a committee, to make a final recommendation. The recommendation will be based on what it costs to move the sewerage of Highland Beach through the system, all intangibles, reserves, possiblities of accidents, etc.; this is what tne engineerin9 firm will be able to tell them. Upon question by hayor Young, hr. Pitts advised that it would include everything involved with handlin9 Highland Beach sewage. This has been agreed upon by both sides of the Committee. hayor Young 'stated that the Committee's choice of Hazen & Sawyer was an excellent one. 5~. Pitts added that they feel they were very lucky. 5~. Bird discussed the firm's qualifications and exFerience in other cities. He added that he thinks they will find that a firm like Hazen & Sawyer has, in addition to its engineering capability, more than sufficient financial capability to come forth with the kind of answer they need. The ~oint stipulation before them is something which both City Attorneys are recommending to their respective Councils to resolve the issue finally and forever and to satisfy the Court that they are taking a final disposition in order to stop the clocK. The C~ty Attorney replied that essentially that is correct; however, he would not want anyone to think they are not prepared to go to trial on the 13th. On the other hand this is a jointly agreed to manner of settlement and they are obligated to present it to both Councils. From that standpoint it would be indeed a settlement of all of those issues e~entually. It would be a binding decision by both Councils to go with the engineerlng study, subject to some conditions. Mr. Bird moved to approve the 3oint stipulation with the City of Highland Beach relative to a resolution of the sewer rate which is to be applied for that City to use our system, seconded by ~. Jackel. Said motion passed unanimously. hr. Bird thanked 5~. Pitts and the Committee ~or a 3ob well done and wished everyone a 51erry Christmas. Mayor Young declared the meeting adjourned at 6:20 P.~. City Clerk - 4 - 12/21/~3 ATTE ST: MA YO R The undersigned is the City Clerk of the City of be lray Beach and that the information provided herein is the minutes o~ the meeting of said City Council of December 21, 1983, 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. - 5 - 12/21/83