Loading...
03-26-85 MARCH 26~ 1985 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 7:04 P.M., Tuesday, March 26, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member 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 Reverend Richard Barnes, Unity of Delray Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of March 12, 1985, Special Meeting of March 13, 1985 and the Continued Special Meeting of March 13, 1985, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. David Nyquist, Scobee-Ireland-Potter Funeral Home, stated several months ago Council took up the matter of the condition of the cemetery and they are beginning to see an improvement. However, he would like to see Council approve a Committee or Cemetery Board so that they can lay out future plans for the cemetery and come up with a master plan; not only would this Committee discuss the existing grounds but also the future grounds to be developed. Mayor Campbell advised that they are working on an immediate beautification effort with regard to the perimeter of the cemetery and have asked the City Horticulturist to come up with a plan for planting around that area. Mr. Bird stated he talked to Mr. Bill Young, member of the Internal Audit Committee, and asked if the IAC could perform the same service for the cemetery as they did several years ago for the golf course. The IAC could take a look at it and the options, and come back to Council not only with a Master Plan but also the financial data which Council will need to make a final decision. Mr. Bird moved to ask the IAC to take this as a formal project, work with Mr. Nyquist and staff and come up with a final plan which they can then review, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.1. Mr. Bird stated they have spent a good deal of time working on the Atlantic Avenue corridor with the Task Force, members of the DDA and others who have an interest. He feels that many of the problems which have been expressed have not addressed themselves to the areas which are not a part of the DDA or are not on Atlantic Avenue. He has talked to some of the business owners both north and south of Atlantic Avenue and would like the consensus of Council to allow them to have an informal group to study their problem as it relates to a refurbishment of the downtown area and come back to Council with suggestions. It was the consensus of Council to allow this informal group. Mayor Campbell stated that the Atlantic Avenue Task Force will be giving a report to Council at their next workshop meeting. He suggested that Mr. Bird contact the people concerned in the other areas and invite them to that workshop to see the results of the AATF's study. 5.b.2. Mr. Bird stated now that they are going to have a Public Safety Building he feels they should have a Public Safety Committee. He =uggested that they discuss this at next week's workshop meeting. 5.b.3. Mrs. Horenburger stated she would like Council to consider inviting %~ste Management to a workshop meeting to discuss what problems they encountered during the spring cleanup and also what other sug- gestions they may have for better communication with regard to the garbage and trash. This would also give Council the opportunity to discuss some of the services with them. Mayor Campbell requested that the Acting City Manager make that communication and let Council know when the first available time might be for this to go to a workshop meeting. 5.b.4. Mr. Weatherspoon stated he would like the status on the report with regard to parking on 5th Avenue. Council had asked staff to look into the possibility of coming up with a solution in easing that burden. The Acting City Manager stated that when the whole project was planned with the Palm Beach County Community Development Department, there were discussions of possible off-street parking to alleviate some parking problems which may have developed from the design of the street. From what he has been able to determine, some indication may have been given that those funds could come out of future Community Development funds which the City may get. One possible solution is to switch some of the proposed CD program funds from one project to this project. However, he would like to get with the Planning Director and some rep- resentatives from the area to get more details on how the plan was set up and why there was no off-street parking planned at that time. Mr. Weatherspoon stated there are several parcels of land in that area which could be used for off-street parking. He would like to find out who owns those parcels of land so that the City could be in a position to negotiate with them. Mr. Weatherspoon moved to direct staff to look into the ownership of several pieces of property along the Avenue and find out which would be the most appropriate parcel for that parking, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel -Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon stated the Acting City Manager mentioned the possibility of modifying their current application for the Community Development Grant; he questioned the status on that. The Acting City Manager stated the application was brought before Council in a proposed format but has not been brought back for final approval. If Council wants to make changes they should do this before they send it to HUD. Mr. Bird stated that if a decision is made to acquire unused property for parking he feels they should take it out of the City's Surplus Land Fund and not disturb the CD Grant money. Upon question by Mayor Campbell as to why they cannot show on the applicaton a certain amount of dollars for prospective purchase and not actually purchase land at this time, the Acting City Manager stated the funds are programmed for specific items; if they decided to put funds in for purchase of land for parking they would have to decide which other items they would have to reduce to allow this. - 2 - 3/26/85 Mr. Bird stated rather than interfere at this time with the CD Grant he would like to direct staff to file the application as ap- proved by Council and expend the Surplus Land Funds for parking. Mayor Campbell stated he feels there would be no delay in processing the application. He would like to see the CD funds used for the parking facility as the entire project is being funded through Block Grant monies. Mayor Campbell requested that the Acting City Manager look at the timing to see if it would interfere with the application being sent to HUD. Mr. Bird stated the Acting City Manager could also look into his suggestion and they could discuss this item at their Special Meeting on Thursday. The City Attorney advised they will have to amend their Special Meeting agenda to include this item. 5.b.5. Mr. Weatherspoon stated several weeks ago he brought up the subject of trash being dumped on some property on Roosevelt Avenue. He questioned if the situation has been corrected. The Acting City Manager stated he was under the impression that the situation was in hand. The property owner was going to work with some Boy Scouts to get it cleaned up and then it would be picked up by Waste Management when they did their clean-up. However, he has a problem with sending City personnel onto private property; if it is in the right-of-way they should be able to move the trash. Waste Manage- ment also has a problem with going onto private property which is why they may not have picked it up. Mayor Campbell stated this is a prime example of the problem which they have to deal with and shows how importantly they need to address changes in their Code Enforcement procedure. 5.b.6. Mr. Bird requested that they get an update from staff at their next workshop meeting with regard to Industrial Revenue Bonds and the IRB Committee as to how close they are to being able to produce their portion of the work required. 5.b.7. Mayor Campbell presented a proclamation proclaiming the month of April, 1985, as "Fair Housing Month". 5.b.8. Mayor Campbell advised the audience that on March 27th from 12 noon to 1:00 P.M., in the Council Chambers, there will be represent- atives from Senator Lawton Chiles'office; he encouraged citizens to come and let the representatives know of any problems they may have. Mr. Bird left the Council Chambers at this time. 5.c.1. The City Attorney advised Council has been furnished a copy of Resolution No. 28-85. Based upon the approval of the General Obliga- tion Bond issue at the recent election, and in order to speed things along, the next step is to adopt this resolution which sets forth the details of the bond. The Bonds will be 30-year Bonds at a rate set either by competitive bid or negotiation. At this time they have been authorized to go to competitive bid; however, they are not bound by this. Mr. Bird returned to the Council Chambers at this time. The caption of Resolution No. 28-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,000,000 GENERAL OBLIGATION BONDS OF 1985 OF THE CITY OF DELRAY BEACH, FLORIDA, TO FINANCE THE COST OF CON- STRUCTING A PUBLIC SAFETY FACILITY IN THE CITY OF DELRAY BEACH, FLORIDA, FIXING THE FORM AND OTHER DETAILS OF THE BONDS; PROVIDING FOR THE PAYMENT OF PRINCIPAL AND IN- TEREST THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. - 3 - 3/26/85 (Copy of Resolution No. 28-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 28-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.c.2. The City Attorney advised Council had previously authorized the s~le of some surplus City property; three of the items were con- fiscated vehicles which the Police Department does not want. Delray Beach has agreed to participate in an auction to take place on March 30th in Boca Raton with the Police Departments from Boca Raton and Boynton Beach. The City Attorney advised Council needs to make a motion authorizing the sale, at auction, of a 1983 Dusky Sport Fisherman, a 1981 Chevrolet Corvette and a 1937 Packard on March 30th and also that as a group they utilize the services of Foster & Company Engineers, a cost to the City not to exceed $250 for advertising, and their sale= commission to be 2.0% of the gross sale. Mrs. Horenburger moved to authorize the sale of the three items as advised by the City Attorney, subject to Council's approval once they have received the bids, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.d.1. The Acting City Manager requested that Items 11 and 23 be removed from the agenda and placed on the April 9th agenda. 5.d.2. The Acting City Manager stated Council will be discussing tonight Item 22 relative to the Recreational Impact Fees. Bids were taken on the 22nd of March for the Barwick Project; those bids have been received and came in considerably higher than anticipated. Mr. Marvin Sanders, Planner for Barwick Park, will be here later on in the meeting and would like to discuss this with Council. 6. Mr. Bird moved for approval of the agenda with the removal of Items 11 and 23, seconded by Mr. Jackel. Mr. Jackel requested that Item 9 be removed from the Consent Agenda and placed as first item on the Regular Agenda. Mr. Bird amended his motion to include the removal of Item 9 from the Consent Agenda and placed as first item on the Regular Agenda, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Upon question by Mr. Weatherspoon with regard to Item 10 on the Consent Agenda, the Acting City Manager advised they have had prob- lems with that storm drainage station. The Engineers will look at that and provide alternatives and cost information on the possibility of interconnecting that pump station with the Basin Drive station. PUBLIC HEARING 7. Ordinance No. 30-85 - Ransom Annexation. Ordinance No. 30-85, relative to annexing a 0.19-acre parcel subject to R-iA (Single Family) Dwelling zoning district, located on the south side of Lake Ida Road, between N.W. 8th Avenue, if extended north and N.W. 10th Avenue, if extended north, 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 Acting City Manager presented Ordinance No. 30-85: - 4 - 3/26/85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, BETWEEN N.W. 8TH AVENUE, IF EXTENDED NORTH, AND N.W. 10TH AVENUE, IF EXTENDED NORTH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-85 is on file in the official Ordinance 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. 30-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 31-85 - Zon.in~ Ordinance Amendment - Payments in Lieu of Off-Street Parking. Ordinance No. 31-85, amending Chapter 30 "Zoning" of the Code of Ordinances that payments in the CBD (Central Business District) shall be made to the City in lieu of providing off- street parking, 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 Acting City Manager presented Ordinance No. 31-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30 -13, "CBD (CENTRAL BUSINESS) DIS- TRICT'' , SUBSECTION (J) , "ALTERNATE OFF-STREET PARKING REGULATIONS", BY AMENDING SUBSECTION (1) TO PROVIDE THAT PAYMENTS IN LIEU OF PROVIDING OFF-STREET PARKING SPACES SHALL BE MADE TO THE CITY TO ENABLE THE CITY TO PROVIDE PARKING ALTERNATIVES AS THE CITY COUNCIL DEEMS APPRO- PRIATE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-85 is on file in the official Ordinance 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. 31-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. En~ineerin~ Study - Storm Pumping Station at Thomas Street. Council is to consider authorizing execution of an engineering study between the City and Paramount Engineering Group in the amount of $2,775.00 for basic services, with funds to come from the 1984/85 bud- get. - 5 - 3/26/85 12. Agreement - Linton Boulevard Landscaping. Council is to consider authorizing execution of an agreement between the City and Palm Beach County relative to Linton Boulevard landscaping. 13. Contract with ViSual Communications, Inc. Council is to consider authorizing execution of a contract between the City and Visual Communications, Inc., for the lease purchase of a Canon NP-350 copier machine for the Parks and Recreation Department for 48 months in the amount of $125.19 a month, with funds to come from the 1984/85 budget. 14. Nuisance Abatement. Resolution No. 25-85, assessing costs of abating nuisances in accordance with Section 13-13 on five parcels, is before Council for consideration. The caption of Resolution No. 25-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED %4ITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 25-85 is on file in the official Resolution Book) 15. Nuisance Abatement. Resolution No. 26-85, assessing costs of abating nuisances in accordance with Section 27-15 on one parcel, is before Council for consideration. The caption of Resolution No. 26-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR REMOVAL OF INFECTED TREES UPON CERTAIN LAND (S) LO- CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH REMOVAL AND LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS~IENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 26-85 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, as modified, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9. United States Academy of Sailing, Inc. Council is to con- sider a request to sponsor a beach launch sailing race from Delray Beach to Palm Beach and back on Saturday, April 13, 1985. Mr. Jackel stated he can see nothing in the memorandum addressing the problems of parking, traffic and beach usage; he ques- tioned if anything has been done by the applicant. - 6 - 3/26/85 The Acting City Manager advised that Mr. Jack Clark, from the U.S. Academy of Sailing, Inc., has furnished a rough map of the area where the Lemans start will begin from. If there is a Lemans start it would be advisable to restrict the swimming from that area for the start and conclusion of the race. Mr. Bird stated to have a Lemans start all the boats must be rigged. He questioned why they could not have them sail up individually to the north end of the beach, which would take them out of the way of swimmers, and start the race there. Mr. Bird moved to approve the time, date and place for the race, with the only amendment being that the location of the start shall be the north end of the beach, if a Lemans start indeed is required, subject to all the restrictions set forth in the City Attorney's memo- randum, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell requested that the Acting City Manager look into having a number of boulders removed from one particular part of the beach which in his opinion are dangerous and hazardous. 16. Marina Delra¥. Discussion and extension of COs to March 28, 1985. The City Attorney advised this is a continuation of Coun- cil's consideration and hearing on the Marina Delray nonconforming use lapse matter, as well as potentially consideration of the docks, dol- phins and finger piers matter. Council has received a memorandum, dated March 20th, from his office setting forth some additional information and an extensive overview of the problems and considerations involved. Council may wish to take steps to revoke, now or in the future, the temporary CO and to make a decision that Marina Delray should be in- voluntarily forced to comply with the current zoning code which would not permit the restaurant, hotel and bar use. The City Attorney advised that it is his understanding that the corporate title holder to the subject property, Booi Services, Inc., is currently in bankruptcy court in Tampa with a Chapter 11 bankruptcy action. There has been some concern expressed on whether or not Council can now do anything relative to that subject. Assuming Council makes the correct findings of public health, safety and welfare necessary to take further governmental action and regulation of the site, there is a methodology, whereby they could adopt a motion to direct the administration and the City Attorney's office to take the appropriate steps, subject to any restrictions which may apply or regulations which may be imposed by the bankruptcy court. The City Attorney clarified that what is before Council for consideration is whether or not they wish to direct the City Attorney's office and the administration to take the appropriate steps necessary to force the subject property, now called the Marina Delray, to comply with the current zoning in that their nonconforming use of hotel, restaurant and bar has lapsed under the terms and conditions of the City's zoning code. Mr. Bird stated one of the items which Council felt would be most persuasive in answering the question of the continued use of the property was the availability of tax records. It is his understanding that those records were not available because of an inability to obtain either permission from or find some of the prior owners, whose per- mission would be needed for the Department of Revenue to release them. The City Attorney stated his conversations with the Depart- ment of Revenue were essentially that they would not, and in fact could not, release those records to the City under any circumstances as to do so would constitute a criminal violation. The Statutes specifically prohibit the disclosure of records except in criminal cases; whether or not in the course of discovery they could obtain those, remains to be seen. He would be surprised if the Department of Revenue refuses to comply with a court order. - 7 - 3/26/85 Mr. Bird stated Booi Services, Inc., is now before a court of competent jurisdiction whom they could ask to obtain the tax records. Mr. Bird moved that they instruct Booi Services, Inc., that the tax records are the evidence which the City will find to be suf- ficient in making a final determination, and suggest to them as strongly as they can that they use the courts to obtain that data and bring it to Council at their earliest opportunity, and that they extend their tem- porary CO for a period of 30 days, seconded by Mrs. Horenburger. Mr. Jackel stated this has been going on for nearly a year and at first they asked Booi Services, Inc., for their sales tax records which they were not able to obtain. They were then requested to get some other information to prove that they were doing business almost continuously. He feels they are now going back to square one and ques- tioned why they were accepting other information when all they wanted were the tax records. Mr. Steven Greenwald, attorney for Marina Delray, stated he will try to obtain whatever records he can; however, he does not feel that a U.S. District Court is going to have jurisdiction to order the State of Florida to release tax records. Mr. Weatherspoon questioned what will happen in 30 days if Mr. Greenwald comes back to Council and informs them that he was not able to obtain the necessary information. Mayor Campbell stated it will be the perogative of Council to deem that that information cannot be given and therefore someone will decide to approve the CO or decide that it will not be given. Mr. Weatherspoon stated he cannot see an end to this issue and would like to see Council go in and deal with the real issues of the problems rather than the technicalities. The City has ordinances which deal with parking and noise if that is the problem. Mr. Jackel requested that Mr. Bird clarify his motion. Mr. Bird clarified that his motion is that they grant a 30 day continuance of the temporary CO, and ask Booi Services, Inc., to ask the Judge, through the Court which they are currently involved with under Chapter 11 Reorganization, to obtain the data which Council has been unable to obtain for the periods in question which are from January 1982 through part of 1983. The City Attorney suggested, as an amendment to Mr. Bird's motion, that they need to make specific date and times and extend the temporary CO to 5:00 P.M., on April 24th and this item could appear on the agenda of the Regular Meeting of April 23rd. Mr. Greenwald stated he will not be in town on April 23rd and requested that they place this item on a later agenda. Mr. Bird amended his motion to extend the temporary CO to 5:00 P.M. on May 8th and to have this item on a Special Meeting agenda prior to their workshop meeting on May 7th; Mrs. Horenburger amended her second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell declared a recess the time being 8:16 P.M. The meeting was reconvened the time being 8:25 P.M. 17. Amendment to Agreement - Public Safety Facility. Council is to consider authorizing execution of amendment to agreement with Marion J. Varner and Associates for consulting services for the construction of the Public Safety Facility. The Acting City Manager stated this agreement would be specific as to approval for any hours which may be approved by the City Manager for Mr. Varner to provide additional services. The reason for requesting this is that it was felt that Mr. Varner's expertise may be needed to continue the project. - 8 - 3/26/85 Mr. Bird stated they hired an architect and if he needs engineering or interior design specification help, then he should pay for it, not the City. Mr. Bird moved that if Mr. Varner's services are required or needed then that should be Mr. Bridges and his firm's decision and that they should pay the bill, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bridges stated he has just received the final report from Mr. Yarner and, hopefully, when he studies it in full he will find that it does meet the contract requirement. However, on a short peruse through it he finds he will require some more informa- tion from Mr. Varner with regard to communications; he feels Mr. Varner has not met his obligations, under this contract, in the communications side. However, if they need to use Mr. Varner's expertise they will pay for his services. At this point the roll was called to the motion. 18. Appointment - Civil Service Board. Council is to consider the appointment of one regular member to the Civil Service Board to a term ending April 1, 1987. Mayor Campbell stated that there are several applicants for this position. He has not completed interviewing applicants and re- quested that they delay this item. It was the consensus of Council to delay this item. 19. Appointment - Plannin~ and Zonin~ Board. Council is to consider the appointment of one member to the Planning and Zoning Board to a term ending September 28, 1986. Mrs. Horenburger suggested the name of Louis P. Marechal who is presently Chairman of the Board of Adjustment. Mrs. Horenburger moved to appoint Louis P. Marechal to the unexpired term of Mr. Alexander Simon on the Planning and Zoning Board to a term ending September 28, 1986, seconded by Mr. Bird. Mr. Jackel stated he would like to suggest the name of Mr. Irvin Goldberg. The City Attorney advised the motion to appoint Mr. Marechal would be subject to his resignation from the Board of Adjustment. Mrs. Horenburger amended her motion as advised by the City Attorney, Mr. Bird amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Appointment - Downtown Development Authority. Council is to consider the appointment of one member to the DDA to a term ending July 1, 1986. The City Attorney advised the person who is appointed to this position would need to be a party in interest in the DDA; own property or be a lessee of property there, lease payments of which would partially go to the payment of taxes or a principal in such a business. Mr. Bird requested that they delay this item as there are several business members on the east end of the Avenue who have been under-represented. He has asked that some of those people consider serving on the DDA; however, he has not received a reply to date. It was the consensus of Council to delay this item. - 9 - 3/26/85 21. Force Main 60 Extension. Council is to consider the award of a contract for approximately 5,112 linear feet of 12-inch force main on Lowson Boulevard from Military Trail to Dover Road with funds to come from the 1984/85 budget. The Acting City Manager stated the recommendation of the Engineer is either to award the bid to the low bidder, Barille Ex- cavating and Pipeline Co., or consider the fourth lowest bidder. The second lowest bidder did not wish to continue with the bid and there were some problems with the third lowest bidder in previous work. Mr. Robert Pontek, Director of Public Utilities, stated Barille was the contractor they hired for the Force Main along Lake Ida Road and with whom they had some problems. He feels the next lowest, responsible contractor is Madson/Barr. The original contract price was estimated at approximately $202,000 and the bids came in substantially under this estimate. The difference between the lowest and the fourth lowest bidder is approximately $23,000. Mr. Bird stated their primary problem with Barille was site restoration. He questioned if they could not protect themselves with a larger percentage withheld pending site restoration work. The City Attorney stated they never really had a problem with the amount of the retainage as to the site restoration, the problem was that Barille disputed whether or not he was, under the contract, obligated to do it and at what expense. Mr. Jackel stated he feels Barille took a very narrow view of what his responsibilities were when he worked on Lake Ida Road and it would not be wise to sign a contract with a company who is not as good as they should be. Upon question by Mayor Campbell, Mr. Pontek stated he would be more comfortable working with Madson/Barr; however, he would like to see the project completed within budget and on time. He could sit down with Barille and make it perfectly clear what Council's desires are and increase their supervision of the project. Mr. Bird moved to award a contract to Barille Excavating and Pipeline Co., seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 22. Recreational Impact Fees. Council is to consider allocation of recreational impact fees for additional projects. The Acting City Manager stated that at their meeting of March 12th, Council asked that staff get an updated status on the Barwick Park project and also to look at shortening the list approved on January 29th for projects which would utilize the impact funds. Mr. Marvin Sanders, Planner for Barwick Park, stated the bids for this project were opened on Friday and they only received one bid from Janus Construction. They were anticipating a credit for the 11,000 yards of fill which would be removed; however, there was a wash on that instead of a credit and therefore they are not being able to bid the entire Phase I. Mr. Sanders explained what work is involved in Phases I-A, 1-B and II. Mr. Gerald Church, City Engineer, stated the bid seems reasonable with the exception of the excavation. The only possible reduction in the contract would be if the contractor could sell the fill and the City would then benefit from a credit; however, he may not have enough time to do this. Mr. Bird stated they are going to need a substantial amount of fill for the sewer plant site and that may be an easy negotiation. It is also his understanding that some of the other bidders did not bid because of the paperwork involved and having to do business with the State. He questioned if they might find a willing bidder if they of- fered some assistance in filling out that paperwork. - 10 - 3/26/85 Mr. Sanders stated that might work in the future; however, part of the problem is that they have 70 days remaining to send the bill to the State who will then look at it for a month before their official deadline. Mr. Bird stated he feels that before they make the park an attractive nuisance for dirt bikers they are going to have to fence it. Mayor Campbell stated he would rather not see money wasted on fencing unless they really need to. oo Discussion was had with regard to the type of fencing pro- posed for the park. Upon question by Mayor Campbell, the Acting City Manager advised there are $250,000 in Impact Fees with the appropriations having been made. Mr. Sanders is requesting $90,000 from this Fund. Mayor Campbell recommended that they allocate $90,000 from the Impact Fee Fund to go towards Barwick Park Phases I-B and II. The City Attorney advised Council needs to have a finding specifically that there are sufficient funds available from that zone of the Impact Fees in order to make that expenditure, unless they are able to make a factual finding that it is a recreational impact to each and every one of the new residents City-wide. Mayor Campbell stated, publicly, that Barwick Park does meet that criteria and therefore it is an assumption that he will take. Mr. Bird made the following statement: That the portion of Barwick Park which is under consideration at this time primarily has to do with walking and running paths which do not exist elsewhere in the City and, therefore, would be of general benefit to all of the new res- idents in the City. The fencing and other things are for the protection of that and therefore directly related. Mr. Bird moved that the $90,000 requested be authorized to be expended on the Barwick Park project, seconded by Mrs. Horenburger. Upon rol 1 cal 1 Council voted as fol lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:05 P.M. ity Clerk 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 March 26, 1985, which minutes were for- mally approved and adopted by the City Council on ~ ~ /~. 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. - 11 - 3/26/85