10-15-85SpMtg OCTOBER 15, 19 85
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by ~yor Doak S. Campbell in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, October 15, 1985.
Roll call showed:
Present - Council Member ~lcolm 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
Assistant City Attorney Barbara Hall
Mayor Campbell called the meeting to order and announced
that this meeting has been called for the purpose of: (1) holding a
public hearing to consider sale of approximately 3,860 square feet along
the western side of northbound Federal Highway at the intersection of
S.E. 10th Street; (2) considering award of a contract for the purchase
of a street sweeper; and (3) considering authorization of conditions and
details regarding land swap for elementary school site (Fleming/Coury
Pr ope rt y ) .
1. The Assistant City Attorney advised this item was presented
to Council at a previous workshop. The applicants are intending to
build on property which is adjacent to the property being considered for
sale; however, they need this additional property in order to make their
site plan work. The required advertising has been placed in the papers
and a public hearing is scheduled to be held tonight.
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.
Sam Portna¥, High Point, questioned what the selling price
of the property is, whether it went out to bid and whether or not it was
appraised.
The Assistant City Attorney stated the selling price is
$7,720, it did go out to bid and the appraised value was determined to
be $2.00 per square foot.
The public hearing was closed.
Mr. Jackel moved to approve the sale of approximately 3,860
square feet along the w~stern side of northbound Federal Highway at the
intersection of S.E. 10th Street, in the amount of $7,720, to Diomin
Corporation, seconded by Mr. Weatherspoon. Upon roll call Council voted
as follows: Mr. Bird - No; Mrs. Horenburger- Yes; Mr. Jackel- Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
4 to 1 vote.
Before roll call, Mr. Bird stated he feels the selling price
should have been in some relationship to the cost of property along
Federal Highway.
At this point the roll was called to the motion.
2. The City Manager stated this item was discussed at the last
regular meeting and Council requested certain information and asked that
it be brought back. Mr. Church, City Engineer, is here to discuss his
recommendation to Council relative to the award of the contract.
Mr. Church stated they received five different bids for the
street sweeper and took a look at each piece of equipment. After exam-
ining each sweeper they decided upon the FMC Vanguard as it has a heav-
ier engine, better visability and a clear unobstructed view up front.
They also checked with two local users of the FMC Vanguard and they were
both satisfied with it.
Mr. Weatherspoon stated his initial concern was that there
were specifications and, according to some people at the last meeting,
the particular sweeper Mr. Church is recommending did not necessarily
meet those specifications.
Mr. Church stated that in one or two cases the FMC Vanguard
did not meet all the specifications. They did not want the squeegee
type sweeper which the FMC Vanguard is; however, they considered that
against the advantages and felt that it was the best bid.
Mrs. HOrenburger moved to award a contract for the purchase
of an FMC Vanguard street sweeper, seconded by Mr. Weatherspoon.
The Assistant City Attorney advised that the motion should
also include a waiver of any irregularities in the bid.
Mrs. Horenburger amended her motion as advised by the As-
sistant City Attorney, Mr. Weatherspoon 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.
3. The Assistant City Attorney advised this is on the agenda
tonight to obtain direction from Council with regard to the proposed
donation of the school site. The owners of the site are requesting that
the City enter into an agreement, or statement of understanding, and
have set forth a number of conditions they would like to see included in
that agreement: (1) It was requested that there be some assurance that
the zoning on the property would remain the same for ten years. The
City cannot make those assurances; however, if it were the present
Council's intent, at least during the term of this Council, not to
rezone the property against the wishes of the present owners they could
probably make that statement; (2) They would like some statement by the
City that the cost of extending water and sewer service out to that site
would not be the obligation of the owners or developers of that prop-
erty. However, when the school site is developed adequate water and
sewer facilities would be put in which could then be used for the de-
velopment of the adjacent residential property; (3) They are requesting
that the construction of the turn lanes and entry roads to the school be
constructed in anticipation of the residential development. This is a
policy matter for Council as the City cannot, at this point, make any
agreement for the School Board and if they were to enter into this
condition they would have to be a party to it; (4) They would like to
see an off-set to the parks and recreational impact fees based on the
donation of the school site. This could probably be arranged; however,
the City is not getting the direct benefit, they are getting an indirect
benefit if the School Board agrees to give the City the school site in
town in return for the donation of the school site. There would have to
be some kind of tri-party agreement and some statement of what the value
of what the City received was in order to determine what the off-set
would be.
Mr. Bird stated he feels there is a substantial benefit to
accrue to the City if they take and use the playground facilities which
will be in existence at the school. This would be a substantial enough
benefit to off-set the parks and recreational impact fees.
Mr. Weatherspoon stated he would not have a problem with Mr.
Bird's suggestion if it is equal to what they would normally get from
the impact fees.
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Upon question by Mr. Weatherspoon, Mayor Campbell advised
that this property is held in trust and the NCNB Bank, as trustee,
cannot under its fiduciary responsibility give anything away or diminish
the value of its beneficiaries' assets.
~lr. Bird moved that the City Manager be directed by Council
to communicate to Mr. Fleming the substantial agreement of the Council
to the requests made in his communication of October 10, 1985, as clar-
ified by the limitations given by the Assistant City Attorney, 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.
Mayor Campbell declared the meeting adjourned at 7:29 P.M.
~ City ~lerk '
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 October 15, 1985, which minutes were
formally approved and adopted by the City Council on ~. /,~.. /F~ .
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.
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