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06-04-85SpMtg JUNE 4, 1985 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:10 P.M., Tuesday, June 4, 1985. 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 - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of: (1) considering award of a contract to remove asbestos from the Civic Center and allo- cation of funds (Bids were to be received on June 3, 1985); (2) con- sidering authorizing execution of agreement for engineering and profes- sional services with Post, Buckley, Schuh & Jernigan, Inc. for water and wastewater utility system projects; (3) considering execution of a water service agreement for Polo Plaza, a proposed 152,650 square foot spe- cialty retail shopping center and offices, located on the west side of Military Trail, approximately one-quarter mile south of Linton Boule- vard; (4) considering Resolution No. 50-85 for the abandonment of cer- tain utility easements within Rainberry Bay, Section 9; and (5) con- sidering acceptance of an Easement Deed granting replacement easements within Rainberry Bay, Section 9. 1. The City Manager reported that three bids were received ranging from $31,700 to $64,235. It is recommended that the contract be awarded to the low bidder, Environmental Contractors, Inc., in the amount of $31,700. Mr. Jackel moved to award the contract to Environmental Contractors, Inc., in the amount of $31,700, 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. Before roll call, upon question by Mr. Bird, the City Man- ager advised that both low bidders would take 30 days to complete the contract. Upon question by Mr. Weatherspoon, he advised that funding will come from the Parks and Recreation Department budget. At this point the roll was called to the motion. 2. The City Attorney reported that they have negotiated this contract with the top selected firm, Post, Buckley, Schuh & Jernigan, Inc., under the Consultants Competitive Negotiations Act. The proposed contract before Council is agreeable to both the City and the firm. Mr. Jackel moved to execute the agreement between the City of Delray Beach and Post, Buckley, Schuh & Jernigan, Inc., for water and wastewater utility system projects, seconded by Mr. Bird. Mr. Bird stated that Master Plan Phase II seems to be de- pendent upon Phase I and he asked when Phase I will be formally pre- sented. The City Manager advised that, except for the maps, the Phase I report was supposed to be completed this week. He suggested that Coun- cil might authorize him to put a request in writing that they want the Phase I report by a certain date. Mr. Jackel amended his motion to require that the City Manager inquire of Russell & Axon, not only where Phase I is, but a date certain by which it will be delivered to the City, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horen- burger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 3. The City Attorney stated that his office has three concerns: (1) this project is on the west side of Military Trail; (2) the Planning and Zoning Board approved this subject to a change in the standard contract which is that they do not need to comply with the requirements for landscaping, signage, etc., until such time as they are annexed; and, (3) because of the location of this property, they feel a modifi- cation should be made to the agreement so that it is clear that they would be required to contribute toward repayment to Delray Community Hospital for their fronting the expense of running that line, the same as the other property owners out there. Mayor Campbell noted that he had requested that the City change its policy so that water service requests no longer go to the Utilities Department. The City Manager replied that any inquiries now go to the Planning Department. Mr. Cohn, Planning Director, pointed out that what is spe- cifically proposed is a project consisting of 115,000 sq. ft. of spe- cialty retail shops and approximately 35,000 sq. ft. of offices. The Planning & Zoning Board is recommending approval of the water service agreement; they have no problem with the proposed use and feel the project will be good for the City. However, the Planning Department is recommending denial of the agreement based on the use. That amount of specialty retail space, in combination with the Linton Oaks Square which was recently annexed, combined, provide about 200,000 sq. ft. of spe- cialty retail space. They feel this will be a drain on the Central Business District in terms of the ability of the CBD to attract resi- dents of the western part of the City. Mr. Cohn suggested looking at another, more appropriate use for this property which would not adverse- ly affect the CBD. Mr. Jay Felner, representing Polo Plaza, stated that several months ago, Mr. Pontek, Utilities Director, issued a letter stating that sewer and water was available to them. Based on that, they proceeded with the project. He feels it is unfair for the City to prohibit him from building at Military Trail in order to further the downtown dis- trict. Upon question by Mayor Campbell, Mr. Felner advised that the site plan was changed and the landscaping is now in conformity with City requirements. Further, they are willing to sign an agreement stating that, in the event of annexation, they will conform with City require- ments. Mrs. Horenburger questioned why they will address the re- quirements at the time of annexation; why not address it now. Mr. Cohn noted that there is a problem with the site plan in that once the peti- tioner submitted a site plan to meet the City's regulations, it no longer met the County's with regard to parking. Mr. Jackel moved that the City of Delray Beach sign an agreement with Polo Plaza granting a water service/annexation agreement with specific reference to Item 12 being included at this time, seconded by Mr. Weatherspoon. Mr. Weatherspoon expressed concern with granting water to anyone west of Military Trail before they get the survey back from their engineers stating what their true condition is. Mr. Bird advised that he will not be voting on this issue due to a possible conflict of interest. Mrs. Phyllis Plume asked Council to carefully consider their water limitations before voting on this. - 2 - 06/04/85 Upon question by Mayor Campbell, the City Manager advised that Post Buckley could have a recommendation for them within 30 days. Mayor Campbell advised Mr. Felner that Council wants to look at a report from their engineers with regard to water extensions west of Military Trail; therefore, they will be delaying this decision for 30 days. Mr. Maurice Klin~er expressed concern over the traffic impact this project will have on Linton Boulevard and Military Trail. Mrs. Horenburger made a substitute motion to postpone this item for at least two weeks until they see what the report from their engineers has to say with regard to water, seconded by Mr. Weatherspoon. Mr. Jackel pointed out that this developer is going to build this project whether the City likes it or not. He will get water from some source. He would encourage the Administration to impress upon Post Buckley the need for speed. Mayor Campbell stated that Council needs to consider the fact that the petitioner has been mislead as to the availa- bility of water based on a letter Mr. Felner has from the City. He recommends postponing this indefinitely and requesting that Council be advised no later than next Tuesday as to the report from Post Buckley. Mrs. Horenburger amended the motion to read "indefinitely", seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: (Mr. Bird abstained) Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Weatherspoon stated that the Regional Wastewater Plant informed him that they are currently pumping 12 million gallons+ water into the ocean. He would like to see a study done on the feasibility of using some of that water for lawns, etc. He feels they need to start looking at other means of saving water. Mayor Campbell requested that the City Manager ask the engineers to look into that. The City Manager advised that this would be an appropriate subject for the Regional Wastewater Treatment Board because it would have to go before them first. The recycling program has been done but there are costs in- volved. Mr. Bird suggested sending this to workshop. Mrs. Horenburger left the Council Chambers at this time. 4. The City Manager presented Resolution No. 50-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING UTILITY EASEMENTS FOR THE NORTH 10 FEET OF LOT 21 AND THE NORTH 10 FEET OF LOT 24, RAINBERRY BAY, SECTION NINE, AS RECORDED IN PLAT BOOK 47, PAGES 69 AND 70, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 50-85 is on file in the official Resolution Book) The City Attorney explained that what they will be doing, by approving Items 4 and 5, is switching two easements within Rainberry Bay, Section 9. The form of the resolution and the easement deeds meets with the approval of his office. The Planning & Zoning Board recom- mended the abandonments. Mr. Bird moved for the adoption of Resolution No. 50-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 5. Mr. Bird moved to accept the easement deed and authorize its recording, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 3 - 06/04/85 Mayor Campbell declared the meeting adjourned at 7:50 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of June 4,1985, which minutes were formally 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. - 4 - 06/04/85