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02-25-86 FEBRUARY 25, 1986 A regular 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, February 25, 1986. 1. Roll call showed: Present - Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Malcolm T. Bird. Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Wendell Hollingsworth, Grace Fellowship Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell advised they have received a request to place Item 29 before the Public Hearings. Mr. Jackel requested that Items 13, 17 and 18 be removed from the Consent Agenda and placed as first items on the Regular Agenda. Mr. Weatherspoon requested that Item 24 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved for approval of the agenda, as modified, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Commendation - Police Department and Tactical Teams. Resolu- tion No. 11-86, commending the Police Department and the Tactical Teams for their dedication and team work, is before Council for consideration. The City Manager presented Resolution No. 11-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE DELRAY BEACH POLICE FOR THE POLICE WORK, DEDICATION, AND TEAMWORK BY THE TACTICAL TEAMS AND THE DEPARTMENT IN GENERAL. (Copy of Resolution No. 11-86 is on file in the official Resolution Book) Mayor Campbell stated he would like to personally thank the Police Department and Tactical Teams for the job they are doing. He feels it is very important that everyone understands that this is not something the Police Department will be doing for a month. Council is committed to making this City safe for all citizens and to resolve some of the more notoriou~ crime problems; he feels the Tactical Team is an instrumental force in that process. Mrs. Horenburger echoed Mayor Campbell's comments. Mrs. Horenburger moved for the adoption of Resolution No. 11-86, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Settlement of Shell Oil Case. Council is to consider approval of the South Central Regional Wastewater Treatment and Disposal Board's settlement of the Shell Oil condemnation case (Jim Vance). Approval is recommended. Mr. Jim Vance, representing the SCRWTD Board, advised he filed an action, got an order of taking and has a settlement of the case in the amount of $485,000; there are no costs or attorney's fees to the defendant. This settlement has been approved by the SCRWTD Board and the City of Boynton Beach and he is here tonight seeking formal approval from the City of Delray. Mr. Jackel moved to accept the settlement amount of $485,000, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 6. Ordinance No. 11-86 - Increase in Transmission and Storage Fees. Ordinance No. 11-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing the transmission and storage fee charges, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 11-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, "WATER SERVICE", DIVI- SION 1, "GENERALLY", SECTION 29-33, "TRANSMISSION AND STORAGE FEES", SUBSECTION (a), TO INCREASE TRANSMISSION AND STORAGE FEE CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 11-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 12-86 - Coastal Construction Code. Ordinance No. 12-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances by enacting a new Article IX "Coastal Construction Code" to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other natural disasters occurring along the coastal areas which front the Atlantic Ocean, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 12-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 9, 'BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE IX, "COASTAL CONSTRUCTION CODE", TO PROVIDE A TITLE, TO PROVIDE A GENERAL PURPOSE, TO PROVIDE THE APPLICABILITY AND SCOPE OF THE COASTAL CONSTRUCTION CODE, TO PROVIDE FOR THE APPLICABILITY TO EXISTING STRUCTURES, TO PROVIDE FOR THE APPLICABILITY TO MULTI-ZONE STRUCTURES, TO PROVIDE FOR EXEMPTION OF CONSTRUCTION WHICH EXTENDS SEAWARD OF THE MEAN HIGH WATER LINE, TO PROVIDE FOR APPLICATIONS FOR PERMITS, TO PROVIDE FOR DEFINITIONS, TO PROVIDE GENERALLY FOR COASTAL CONSTRUCTION REQUIREMENTS, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR MAJOR STRUC- TURES, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR -2- 2/25/86 NONHABITABLE MAJOR STRUCTURES, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR MINOR STRUCTURES, TO PROVIDE FOR LOCA- TION OF CONSTRUCTION, TO PROVIDE FOR PUBLIC ACCESS, AND TO PROVIDE REFERENCES FOR ASSISTANCE IN DETERMINING DESIGN PARAMETERS AND METHODOLOGIES FOR COMPLIANCE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-86 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 12-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Blighted and Slum Areas. Resolution No. 9-86, relative to 'amending Resolution No. 32-85 by repealing Section 4 and enacting a new Section 4 which describes the slum and blighted areas within the City, is before Council for consideration. Prior to consideration of passage of this resolution a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 9-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEAL- ING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFER- ENCES AN AMENDED APPENDIX "A", WHICH DESCRIBED THE SLUM AND BLIGHTED AREAS WITHIN THE CITY OF DELRAY BEACH, AS REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III; PROVIDING AN EFFECTIVE DATE. The City Attorney advised they have had a problem with the advertising of the public hearing for this resolution. He is requesting that Council open the public hearing and continue it to the regular meeting of March llth at 7:00 P.M. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. Horenburger moved to continue the public hearing on Resolution No. 9-86 to the regular meeting of March 11, 1986, at 7:00 P.M., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PROCEDURAL ITEMS 9. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of February 11, 1986, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10.a.1. Mr. Leonard Syrop, High Point Place, stated that at the County Commission meeting this afternoon, after Mrs. Horenburger spoke, a woman came up to speak against the City's annexation of County pockets and moving the courthouse to the downtown area. When she spoke, she invoked the name of Jack Babbitch, who is president of the West Delray Demo- cratic Club, and stated that he was in agreement with her. Mr. Syrop advised that he has spoken with Mr. Babbitch and both he and the Demo- cratic Club have voiced their support of the City's efforts. -3- 2/25/86 10.a.2. Mr. Jack Kellerman, High Point Section 6, stated that as president of the Community Action Committee, which represents seven sections of High Point, he wrote a letter dated November llth to the City Manager requesting that the City install street lights on West Atlantic Avenue, from Homewood Boulevard to Military Trail. After receiving a report from Florida Power and Light, the City Manager wrote a memorandum to Council stating that FP&L agreed that as West Atlantic Avenue is a major thoroughfare lights should be installed; the cost to the City would be $1,540 per month. However, the City Manager also stated in his memorandum that Council should proceed with caution as the funds were not budgeted for and that unless it was considered a high priority item that it be scheduled for consideration in the 1986/87 budget. The Community Action Committee feels that the City should not plead poverty and that the lights should be installed. Mayor Campbell stated that if the majority of Council feels that this is a high priority item then they should instruct the City Manager to proceed to have the lights installed. Council concurred. 10.a.3. Ms. Carolyn Young, stated that at the last regular meeting Council considered a conditional use approval request for Young Tiny Tots. The request was approved, subject to conditions; however, there was some question as to whether or not her property would have to be replatted since it was originally platted as part of a Block; she is here tonight for clarification. Mayor Campbell stated there appears to be some confusion as to the purpose of the City's Subdivision Ordinance. He suggested that Council waive the platting requirement and let Ms. Young proceed with her project. If, at a later date, Council feels she does need to replat then she could do so at that time. Ms. Young agreed with Mayor Campbell's suggestion. The City Attorney suggested that Council waive the platting requirements before building permits are pulled and require platting before the Certificate of Occupancy is issued. Mrs. Horenburger left the Council Chambers at this time. Mr. Weatherspoon moved that they waive the platting require- ments for Young Tiny Tots as advised by the City Attorney, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 10.a.4. Mr. James Bowen, 116 Marine Way, stated that approximately a month ago Council discussed the subject of live-aboard boats which were anchored south of the Marina Delray. He clarified that he is not the Mr. Bowen whose property the boats are anchored at. Mrs. Horenburger returned to the Council Chambers at this time. 10.a.5. Mr. Bowen stated that the Land Use Advisory Committee met every week through the summer and fall, discussed the entire report, agreed on the wording and then submitted it to the Planning and Zoning Board. He has heard that there is now another Committee studying the report. He feels that no one has the right to change one word of the Land Use Advisory Committee's report. 10.a.6. Mr. Bowen stated, with regard to the Courthouse, that the City has made its offer to the County; however, they do not know what the County is going to give the City in return. He feels that Council should get a consensus of opinion as to what they want to do and tell the tax payers how much it is going to cost them; if it is too much they may want to have a referendum. 10.a.7. Mr. Perry DonFrancisco, representing Salina Realty, stated that they have been made aware that the City might entertain a land swap involving a 39' x 10' parcel, owned by Salina Realty, located in the northwest corner of the property in question and a 45' x 9' parcel, owned by the City, in the northeast corner of said property. They are interested in reaching an agreement with the City. -4- 2/25/86 Mrs. Horenburger stated from what she understands this would give the City more green space to the west of what exists as a City lot and allow Mr. DonFrancisco to pick up two extra parking spaces. She would be in favor of this swap as they need all the parking spaces they can get in the beach area. Mr. Weatherspoon stated he would also be in favor of this and suggested that staff work out all the necessary details. Mayor Campbell suggested that they place this on the Consent Agenda for the next regular meeting. The City Attorney advised they have to advertise, adopt a resolution and get a survey done, if there is not one available. There may not be enough time to get all the neces- sary details worked out before March llth; however, he will make an attempt to have them ready by then. 10.a.8. Mr. Dick Eckerle, 382 S.W. 27th Avenue, stated, with regard to the courthouse, that he feels the City should decide what their own needs are before offering land to the County. 10.b.1. Mr. Jackel stated at last week's meeting they discussed the Youth Council. He feels they should transfer this responsibility to the City Manager and Council could direct him how to proceed. Mr. Jackel made several suggestions as to how the Youth Council could be composed, the subjects they could discuss and stated he feels it is important that they get started with this project. Mayor Campbell stated he would like to commend and support Mrs. Horenburger's position on this subject. She may want to explore ways to expand the Youth Council as was discussed last week; however, he sup- ports the recommendations made in her memorandum and feels that the City Attorney could be directed to draw up the appropriate resolution in accordance with that memorandum. Mrs. Horenburger advised she will be meeting with the Human Relations Committee next Tuesday at 4:00 P.M. to address some of the concerns Council had and to modify the proposal she made last week per the Committee's recommendations. Mr. Weatherspoon stated, with regard to Mr. Jackel's comments, that he feels the City Manager has enough to do without having the responsibility of a Youth Council. 10.b.2. Mrs. Horenburger stated that this morning Council met and passed a Resolution asking the County Commission to entertain a resolu- tion supporting the Delray Beach Enclave Act. She attended the County Commission meeting this afternoon and the resolution was passed. She will be presenting that resolution and the City's to the Sub-Delegation meeting Friday, February 28th at 10:00 A.M., in Boca Raton at the Mae Volen Center. She hopes that as many citizens as can will attend that meeting. 10.b.3. Mrs. Horenburger stated that two weeks ago she inquired of staff about the possibility of opening N.E. and S.E. 1st Streets. She questioned why they are not open yet. The City Manager advised this will be addressed under Item 25 of the Regular Agenda. 10.b.4. Mayor Campbell stated, with regard to the enclave act, he feels it would be appropriate to send a letter, particularly to Delray Shores, which is the single largest enclave, to reassure them that the City has the best intentions and to explain what they are trying to accomplish. Also, that they should not listen to people who are rumor-mongering and if they have any questions they should call City Hall. 10.b.5. Mayor Campbell presented a proclamation proclaiming February 19, 1986, as "Knights of Pythias Day". Members of the Atlantic Lodge ~217 came forward to accept the proclamation. 10.b.6. Mayor Campbell presented a proclamation proclaiming March 2, 1986, as "Palm Beach County Sports Hall of Fame Day". -5- 2/25/86 10.b.7. Mayor Campbell presented a proclamation calling for a first nonpartisan election to be held on Tuesday, March 11, 1986, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. The City Attorney read the proclamation. 10.c. There were no Non-Agenda items by the City Attorney. 10.d.1. The City Manager stated, regarding parking of vehicles on vacant lots, that a letter has been given to the Code Enforcement Officers for distribution in the neighborhoods. They are trying to encourage and reach out to the owners of vacant lots to take actions to block off their property. There are a number of codes the City could cite under; however, they would be citing the property owner. With the help of "No Parking" signs they should be able to enforce some of the codes. 10.d.2. The City Manager stated there is a correction to be made to Item 20 of the Consent Agenda. He advised Council of what the new figures should be. 10.d.3. The City Manager stated that the City's physician for the Police and Fire Departments, Dr. Clark Colvard, has left the City of Delray Beach. He has received a letter from Dr. Colvard requesting that his associate, Dr. Harold J. Lynch, Jr., be considered. The City Manager stated he would request that Council take under advisement the request of Dr. Colvard. Mrs. Horenburger moved to appoint Dr. Harold J. Lynch, Jr., as the City's physician, effective immediately, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. (The motion was made by Mrs. Horenburger and before roll call Mayor Campbell left the meeting and Mrs. Horenburger took the chair as Vice-Mayor). CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 11. Ratification of Sale of Surplus Property. An auction was held on February 22nd at 10:00 A.M. for the sale of surplus City property. A total of $19,755.50 was realized from the sale. The auctioneer's expenses and commission will be deducted from this amount. 12. Representative for Testing Automatic Tabulating Equipment and as Additional Member of Canvassing Board. Council is to consider designating Jackie Winchester, Supervisor of Elections for Palm Beach County as representative for the testing of the automatic tabulating equipment at 10:00 A.M., March 7, 1986 and as additional member of the City's Canvassing Board to represent the City in the pre-election test on Tuesday, March 11, 1986. 14. Final Plat Approval - Rainberry Bay, Sections 3 and 3A. Council is to consider a request for final plat approval for Rainberry Bay, Sections 3 and 3A, a proposed single family zero lot line develop- ment consisting of 70 lots, located immediately southwest of the adjoin- ing Rainberry Circle East and Rainberry Circle North Road. The Planning and Zoning Board and Planning Director recommend approval, subject to the following condition: (1) That final utility layout plans be submitted and approved by the Public Utilities Department prior to City Council consideration. -6- 2/25/86 15. Acceptance of Deed - Emmanuel Catholic Church. Council is to consider acceptance of right-of-way deed of Military Trail, between Linton Boulevard and Sherwood Boulevard. Approval is recommended. 16. Off-site Utility Improvements - Waterford Place (Delint, Inc.). Council is to consider approval of contribution from Waterford Place in the amount of $102,000 for off-site utility improvements. Approval is recommended. 19. Fuel and Oil Cooperative Bid. Council is to consider award of contracts recommended by the Cooperative Purchasing Group of Palm Beach County to the following low bidders: Bidder Product Amount Behnke-Palmdale Reg, Unleaded Reg, Premium Annual Est. Unleaded and Diesel $141,842 Ft. Pierce Est Annual Usage-il,000 Annual Est. Oil Company Gallons $ 6,567 Funds will come from the various departmental 1985/86 budgets. Approval is recommended. 20. Water Transmission Main Design. Council is to consider author- izing Post, Buckley, Schuh & Jernigan, Inc., to design a 16" water transmission main from S.W. 10th Street along Old Germantown Road to 1-95 to Military Trail. Cost: Design of plans and specifications $53,370.00 Survey and coordination of soil testing 18,870.00 $72,240.00 Funds are to come from water impact fee. Approval is recommended. 21. Boca/Delray Relay Marathon. Council is to consider a request for a Boca/Delray Relay Marathon, sponsored by the Boca/Delray News to be held on March 22nd from 8:00 A.M. to 9:30 A.M. Proceeds collected, minus expenses, will be divided between the Community Chest in Delray and the United Way in Boca Raton. Approval is recommended. 22. Abandonment of a Portion of S.E. 5th Avenue and S.E. 10th Street (Bill Wallace Nissan, Inc.). Resolution No. 10-86, abandoning a portion of S.E. 5th Avenue and S.E. 10th Street to become part of a commercial property zoned SC (Specialized Commercial), is before Council for consideration. The caption of Resolution No. 10-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.E. 5TH AVENUE AND S.E. 10TH STREET LOCATED AT THE S.E. CORNER OF LOT 10, BLOCK 8, RIO DEL REY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 84 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 10-86 is on file in the official Resolution Book) 23. Acceptance of Right-of-Way Deed (Bill Wallace Nissan, Inc.). Council is to consider acceptance of a right-of-way deed dedicating an additional seven feet of right-of-way on the north side of S.E. 10th Street. This right-of-way is being conveyed as a condition of approval for the abandonment of a portion of S.E. 5th Avenue and S.E. 10th Street. Approval is recommended. Mr. Jackel moved for approval of the Consent Agenda, as modi- fied, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. -7- 2/25/86 REGULAR AGENDA 13. Site Plan Approval - Office Building (S.W. 4th Avenue and Linton Boulevard). Council is to consider a request for site plan approval for Office Building, a proposed three-story office building, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. It is zoned POC (Professional Office Center) and contains 0.49 acres. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: (1) The Engineering Division's memorandum of March 8, 1985, which states: (i) Submit topography 100' off-site. (ii) Platting is required. (2) Director of Public Utilities' memorandum of March 13, 1985 which states: "A waterline was installed by National Funding Corpora- tion which has a City approved water service agreement which requires a pro-rata reimbursement for use of a developer installed watermain. The proposed location for a lift station and manhole for future connections is revised according to our changes on the plans. A copy of the gravity sewer and lift station specifications is attached for the developer". (3) That a sidewalk be provided on S.W. 4th Avenue to be determined at the time of final plat approval. (4) That the perimeter landscape be revised to include trees planted twenty (20) feet on center. (5) That a six (6) foot maneuvering apron be provided to allow back out for the parking spaces located along the south area of the building. (6) That all improvements be completed in accordance with the approved plan except as modified by the above conditions. (7) That the time limitation of this approval be eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22 (e) of the Zoning Code. (8) That the developer shall contribute fifty cents per square foot for all office buildings to be paid to the City of Delray Beach at the time of issuance of Certi- ficate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the projects area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area" Mr. Jackel stated it is not clear to him how Council stood on this item. He sees this as an increase in intensity of the Land Use Plan and feels it is inappropriate to have a three-story building on that parcel of land. Mrs. Horenburger moved for site plan approval for Office Building, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Items 17 and 18 were considered together. 17. Health Program with Gulf Life. Council is to consider award of renewal of health program with Gulf Life to include planned designed modifications. -8- 2/25/86 18. Transfer to the Health Insurance Fund. Council is to consider appropriating $150,000 from the General Fund Unrestricted Fund balance to be transferred to the Health Insurance Fund. Mr. Jackel questioned why they accepted Gulf Life's increased premiums without going to bid. Also, they are taking $150,000 from the surplus fund and it has been understood that they should only take money from this fund if it was an emergency measure. Mayor Campbell advised this was discussed at a special meeting and they decided there was a need in order to protect the general employees. Mr. Huddleston, Finance Director, stated the increase is basically the cost the City expects to incur next year. If they come in under the figures presented by Gulf Life then they will not pay the full amount. None of the money going into the claims health fund goes to Gulf Life; it is City money which they maintain and pay dollar for dollar actual cost. Mrs. Horenburger moved for approval of Items 17 and 18, second- ed by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 24. Data Processing Staffing. Council is to consider authorizing the addition of one Computer Operator in the Data Processing Division. Approval is recommended. Upon question by Mr. Weatherspoon as to why they need an additional person, Mr. Huddleston advised two of the operators will be going out on maternity leave which will leave the Department in a critical situation. Upon question, Mr. Huddleston advised the IBM 38 system is in operation at this point and they expect to start running some parallel testing this summer. Mr. Weatherspoon questioned why they could not look at hiring a temporary person, during the transition period, who could specialize in the conversion of the IBM 34 to the IBM 38 system. Once the conversion process is done then there may not be a need for the extra personnel. Mr. Huddleston advised they really need two more people plus the one being requested tonight. Also, temporary people are just not available; the demand is such that if they have the skills they are working full time. Mr. Weatherspoon stated he, personally, would rather see a temporary person being used, at least until the budgetary session. At that time they could make the decision whether or not to hire a full time person. Mrs. Horenburger moved to authorize the addition of one Com- puter Operator in the Data Processing Division, taking into considera- tion Mr. Weatherspoon's comments about the possibility of seeking someone temporarily until the next budget session, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 25. Swinton Avenue - Roadway Repairs and Watermain Conflicts. Mr. Robert Pontek, Director of Public Utilities, stated they have had their continuing series of meetings with the County Engineers and are to the point where virtually all of the conflict points are fully resolved. The roadway contractor will be remobilized and will be back on the site, in the southerly portion of the project, on March 3rd. The pipeline contract for the second phase of the work is virtually complete with a couple more tie-ins and they should be pressurizing the lines on Thursday. The City forces were out there today making all the necessary connections ready for the time when the line tests out and the pressure is acceptable and they can get out of the south portion of Swinton. The next phase which has yet to be resolved is 320 linear feet -9- 2/25/86 of ten inch main, north of N.E. 1st Street. They have asked the pipe- line contractor to prepare additional costs for the City on installation of temporary water service for 15 homes, 320 linear feet of additional ten inch water main and coordinating it with the City. The last element of this conflict is the price to the City of $28,560. They intend to allow the road contractor to do N.E. 1st and all areas south, effective March 3rd. Therefore, the only area the City will be involved in is north of N.E. 1st Street. Upon question by Mrs. Horenburger as to how long the roads will be out of service, Mr. Pontek stated the road contractor is obligated to provide one lane south, on the south side of Swinton and he has to leave two lanes of traffic on the north side. The two cross streets could be opened; however, it would only be for a few days and then they will be torn out again. Mrs. Horenburger stated that even if it were for a few days she would like to see those roads open. Mr. Pontek stated he will have N.E. 1st Street open by noon tomorrow and hopefully S.E. 1st Street. Upon question by Mayor Campbell, Mr. Pontek stated the City's crews will be out of the south end by this weekend and will start Monday on the north end. Both the City and the pipeline contractor have until the end of March to get off the north end. The roadway contractor has sixty more days until the project is completed. Mayor Campbell stated he would like, in one paragraph, an answer that each Council Member can give over the telephone as to why this project is taking so long and whose fault it is. The City Manager stated Mr. Pontek needs authorization of $28,560 to do the north portion with the same pipeline contractor. The funds would either come from the Capital Improvements, Water Systems or from Water Transmission Storage Fees. Mrs. Horenburger moved to approve the further repair of the watermain in the amount of $28,560, the 20' from N.E. 1st Avenue, north, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 26. Conditional Use Approval - First and First Plaza. Council is to consider conditional use approval request for First and First Plaza to allow a church and a masonic lodge to operate in an existing strip commercial center, located west of S.W. 1st Avenue between Atlantic Avenue and S.W. 1st Street. It is zoned GC (General Commercial) and contains .77 acres. Approval is recommended, subject to the conditions contained in the Planning Department's memorandum of February 20th. Ms. Lucas, attorney representing the Evangelical Christian Church, stated she noticed this conditional use approval is subject to conditions; however, her client has not had a chance to look at those conditions. They would request that this item be deferred. Mrs. Horenburger moved to defer this item to the regular meeting of March 11, 1986, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 27. Upgrading UHF Radio System. Council is to consider award of contract to sole source, Motorola Communications and Electronic Company, to upgrade UHF radio system in conjunction with the new Public Safety Facility, to be installed in late 1986, in the amount of $407,776, with funds to come from the Public Safety Facility Bond. The City Manager stated Council has determined that it would be better for the City to retain the same frequencies they have now rather than going to a very expensive 800 system. This will require some new equipment at a cost of $407,776. -10- 2/25/86 Mr. Weatherspoon moved to award a contract to Motorola Communi- cations and Electronic Company, in the amount of $407,776, with funds to come from the Public Safety Facility Bond, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: The City Manager advised they still have a very serious problem in convincing the State that they need five channels. Major Cochrane stated that they applied last July for re- licensing of the existing frequencies they are now using. These fre- quencies are in the City of Boca Raton's name and there are no objec- tions on the part of Boca Raton to allow them to change to the City. The State Division of Communications in Tallahassee will readily give the City three frequencies but not all five. The City Manager stated to do what they project to do in having the Public Safety Facility Building they will need to have those five channels. Mayor Campbell requested that the City Manager prepare a letter for his signature to send to Tallahassee and then get back to Council prior to April 15th. Several people will be in Tallahassee on that date and they will be glad to make an in-house visit. At this point the roll was called to the motion. 28. Blanket Approval for Temporary Tents - Sherwood Pontiac. Council is to consider a request for blanket approval for five temporary blue and white stripe tents to be used by Sherwood Pontiac, 2400 South Federal Highway, at various times during the year and approved by the Community Appearance Board. Mr. Jackel moved to approve the request for Sherwood Pontiac to have five temporary tents to be used at various times during the year with the approval of the Community Appearance Board, seconded by Mr. Weatherspoon. Mrs. Horenburger stated it does not seem to be clear what or why these tents are going to be used. The City is currently reviewing the standards for automobile dealerships and she questioned if this might come into conflict with, or supersede that, if they give approval. The City Attorney advised that Council, in the past, has declined blanket approval requests of this nature and asked that they be brought before them on a case by case basis. Mr. Tom Lear, Business Manager for Sherwood Pontiac, stated that at various times during the year they like to have sales and rather than come before Council each time they would like the blanket approval. Mr. Robert Cohn, Planning Director, stated they are in the process of promulgating some new special regulations with regard to auto dealerships, etc. This was recommended by the Citizens Land Use Ad- visory Committee and the Planning and Zoning Board. These regulations will be finalized over the next couple of months and do address such things as tents, awnings, banners and streamers. It is possible that there will be a provision addressing this request and he would be concerned about Council giving a blanket approval now. Mayor Campbell suggested, if Council concurs, that they approve a tent on a one-time basis with a time frame. Upon question, Mr. Lear stated he would agree to that and that any time within the next 60 days for approximately two to three weeks would be alright. Mrs. Horenburger made a substitute motion that they approve a temporary tent for Sherwood Pontiac for no longer than a two week period within the next 60 days, subject to approval by the Community Appearance Board and staff, seconded by Mr. Weatherspoon. Upon roll call Council -11- 2/25/86 voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Ordinance No. 13-86 - Delray Park of Commerce. Ordinance No. 13-86, amending Ordinance No. 81-85 to amend Exhibit "A", conditions of approval, for Delray Park of Commerce (formerly Lake Ida Commerce Center), is before Council for consideration on First Reading. If passed, Public Hearing will be held March llth. The City Manager presented Ordinance No. 13-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 81-85, BY AMENDING SECTION 1, THE LAST PARAGRAPH, THEREOF, BY REPEALING EXHIBIT A, LAKE IDA COMMERCE CENTER CONDITIONS OF AP- PROVAL AND ADOPTING A NEW AMENDED EXHIBIT A, DELRAY PARK OF COMMERCE, FORMERLY KNOWN AS LAKE IDA COMMERCE CENTER, CONDITIONS OF APPROVAL WHICH REQUIRES COMPLIANCE WITH THE CONCEPTUAL MASTER PLAN, CERTAIN ROAD IMPROVEMENTS, DEDICATION OF RIGHT-OF-WAY, CONTRIBUTION FOR ADDITIONAL LANES ON CONGRESS AVENUE, PLATTING, CONTRIBUTION FOR BEAUTIFICATION, BINDING LETTER THAT PROJECT IS NOT A DRI, AND FURTHER AMENDING THE LAST PARAGRAPH OF SECTION 1 TO REQUIRE COMPLIANCE BY THE DEVELOPER OF THE APPROVED CONCEPTUAL MASTER PLAN, AS MAY BE AMENDED PURSUANT TO LAW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 13-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Sackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of February 20, 1986. Council is to consider ratification of SCRWTD Board action relative to Second Amendment to sludge handling contract with HES Sludge Management Systems, Inc. This was approved 9-0 by the SCRWTD Board. Mrs. Horenburger moved for ratification of SCRWTD Board action relative to Second Amendment to sludge handling contract with HES Sludge Management Systems, Inc., seconded by Mr. Jackel. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:10 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 Council of February 25, 1986, which minutes were formally approved and adopted by the City Council on~/~~/~?~ /~. -12- 2/25/86 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. -13- 2/25/86