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09-25-84 SEPTEMBER 25~ 1984 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 7:08 P.M., Tuesday, September 25, 1984. 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 - City Manager James L. Pennington, and Assistant City Attorney Barbara Hall. 2. The opening prayer was delivered by Reverend A. Arthur A~vay, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the Regular M~etings of August 28, 1984 and September 11, 1984 and Special Meetings of September 4, 1984 and September 11, 1984, seconded by Mrs. Horen- burger. Said motion passed unanimously. 4.a. On behalf of City Council, Mayor Campbell extended deepest sympathy on the passing of Mr. Percy Greenberg and added that Mr. Green- berg contributed much to our community and will be sorely missed. 5.a.1. Mr. Phil Bozzuto, 909 McCleary Street, advised Council of a problem in his neighborhood in which a construction company is using compression. As a result his swimming pool has dropped 1% inches to 2 inches. He is putting an addition onto his home and the sand is drop- ping into the holes as the compression ball hits the ground. He feels that the compression should not be allowed to go on without someone from the City looking into the possibility of damage to surrounding prop- erties. Mayor Campbell asked the City Manager to look into it and report back to Council. 5.a.2. Mrs. Alice Finst, Homeowners League of Chatelaine, spoke on the problem of stray dogs in their community, noting that the postman refuses to deliver their mail when there are dogs loose. She suggested the City have someone fill in for the Animal Control Officer when he is ill or unavailable. Mayor Campbell asked the City Manager to look into it. The City Manager stated that putting on another employee is not a simple situation because their Animal Control Officer is a sworn officer. 5.a.3. Mr. Sam Rosenbaum, 3130 N.W. 10th Place, asked for permis- sion for the Mens Golf Association to hold a golf tournament at the Delray Beach Municipal Golf Course on Sunday, November 4, 1984 from 8:00 A.M. to 1:00 P.M., the proceeds to benefit the American Lung Associa- tion. In the event the golf course is leased to an operator who does not want this tournament, they will refund all money. Mr. Jackel moved for approval of the golf tournament to be held at the Delray Beach Municipal Golf Course on Sunday, November 4, 1984, from 8:00 A.M. to 1:00 P.M. to raise funds for the American Lung Association, seconded by Mrs. Horenburger. Said motion passed unani- mously. Before roll call, upon question by Council, Mr. Rosenbaum advised that the tournament is open to all golfers and anyone interested can contact the Starter at the golf course. At this point the roll was called to the motion. 5.a.4. Mr. Robert French, 900 Dogwood Drive, stated that a recent newspaper article brought up the question of whether or not it would be cost effective to maintain the current City tennis courts or to move them to the golf course property. They would like to know how this would affect the leasing of the golf course. Mayor Campbell stated that the golf course will have to be defined by a legal description which will go into the lease. The geo- graphic boundary of precisely what area is subject to the leasehold would be affected if they deleted several acres reserving it for a tennis court. 5.b.1. Mr. Bird stated that several months ago Council, by resolu- tion, asked the County Commission to impose mandatory garbage collection which they did. He suggests they send them a resolution of thanks. Mr. Bird moved to authorize the City Admin~tration to draft a resolution formally thanking the County for taking cognizance and prompt action, seconded by Mrs. Horenburger. Said motion passed unani- mously. 5.b.2. Mr. Bird moved to authorize the drafting of a resolution directed to the State of Florida supporting the stated intention of the Speaker of the House-elect and the President of the Senate-elect to repeal the Unitary Tax, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Bird also suggested that they ask those cities that are planning to attend the Municipal League to join with them in support of this matter. At this point the roll was called to the motion. 5.b.3. Mr. Bird urged Council to join with him and direct the Administration to inform those who run for public office to remove their political signs from the telephone poles. He suggests sending them a simple letter stating such and taking action in a couple of weeks if they do not respond. 5.b.4. Mrs. Horenburger suggested that at their next workshop meeting they discuss absences on City Boards. Also on that agenda, she would like to see a discussion of the Planning & Zoning Board and Com- munity Appearance Board and their overlapping duties. 5.b.5. Mrs. Horenburger stated that there is a large warehouse on Lake Ida Road just east of 1-95 and the property is zoned residential. They are now making improvements to this property and she does not think they have an occupational license or a permit for some of the work. She would like to see that investigated. 5.b.6. Mr. Weatherspoon spoke in reference to the list of intersec- tions and streets to be resurfaced and asked when that is to be done. The City Manager advised that it's coming out of the 1983-84 funds but it could carry over to 1984-85. These are the streets recommended for resurfacing by the Public Works Department. 5.b.7. Mr. Weatherspoon asked for an update on the list of prices to correct the drainage problems for individual streets. The City Manager advised that hopefully he will have those figures for Council in the next two weeks. 5.b.8. Regarding funding for a CAC for the Headstart program, Mr. Weatherspoon noted that surrounding communities are contributing to programs of this nature and he feels they should do whatever they can. The total amount is $30,000 including insurance with $4,000 for jani- torial service, administration specialists, and a couple of other items. He suggests that the source of funding be from the current year's budget surplus. Upon question by Mayor Campbell, Mr. Weatherspoon clarified that he is suggesting $26,000 with the other services being provided by the City. - 2 - 09/25/84 Mr. Dave Huddleston, Finance Director, stated that at the end of October they will know what that surplus figure is. Mrs. Peggy Hollis, Director of Headstart, stated that with the additional 20 children, she will need help and if they do not get the funds by September 30th, the Assistant position will be eliminated. Mr. Bird suggested as an addition to Mr. Weatherspoon's recommendation, that they add one month of funding out of the Contin- gency Account to cover the month of October. They can then resolve the other problem between now and the end of October. Mr. Weatherspoon moved that the funds for the month of October come from the Contingency Fund and that they get a report by the end of October as to what further funds may be available, seconded by Mr. Bird. Said motion passed unanimously. 5.b.9. Mayor Campbell stated that he met with Superintendent Mills of the School Board who was particularly concerned about Carver Middle School. There is going to be considerable effort to upgrade that faci- lity and Mr. Mills is looking for support from the City regarding an- cillary matters, like the condition of the neighborhood, police protec- tion, etc. He assured Mr. Mills they were making an effort and would be looking at their HUD funds to improve Code Enforcement in that area. 5.b.10. Mayor Campbell stated that the rejuvenation of Atlantic Avenue will center around the future of Delray Beach Elementary School. It has been slated by the Department of Education to be phased out and the City is desperately in need of a grade school west of 1-95o The School Board would be willing to cooperate with the City by taking that block and utilizing it for a civic purpose. The only thing they're asking for is a new school west of 1-95. 5.b.ll. With regard to the upcoming bond issue, Mayor Campbell stated that Council is required to name an escrow agent. He has been approached by Florida Coast Midlantic Trust to act in that capacity; this is one of the banks that has executive offices in the City. Mr. Bird moved to name Florida Coast Midlantic as escrow agent for the upcoming bond issue, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.b.12. Mayor Campbell stated it is confirmed that Mr. McMurrain has resigned from the DDA, opening a position and the DDA has formally re- quested that Mr. Fred Devitt succeed to the vacancy. Mrs. Horenburger moved that Fred Devitt fill the vacancy on the DDA, seconded by Mr. Jackel. Said motion passed unanimously. 5.c.1. The Assistant City Attorney reported that Council passed a resolution on September 18, 1984 regarding a loan from Barnett Bank to fund the beach renourishment until their grant money comes in. Barnett has requested a change in the form of that loan; therefore, there is a new resolution before Council tonight. They are requesting Council approve a line of credit rather than a loan. The resolution authorizes Council to have the Administration set up two accounts, an interest account and a principal account. It also states that the City will have a Line of Credit Agreement which will be substantially in the form of the agreement before Council tonight. The City Manager presented Resolution No. 77-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA REPEALING RESOLUTION NO. 73-84 AND SUB- STITUTING THIS RESOLUTION IN ITS PLACE, AUTHORIZING THE CITY TO ENTER INTO A LINE OF CREDIT AGREEMENT WITH BAR- NETT BANK OF PALM BEACH COUNTY FOR THE PURPOSE OF PAYING THE COST OF THE 1984 BEACH RENOURISHMENT PROJECT; AUTHOR- IZING THE ISSUANCE OF ITS GRANT ANTICIPATION NOTE EVI- DENCING SUCH LOAN IN A PRINCIPAL AMOUNT NOT EXCEEDING $3,000,000; AUTHORIZING THE CREATION AND ESTABLISHMENT OF - 3 - 09/25/84 AN INTEREST ACCOUNT; AUTHORIZING THE TRANSFER OF CERTAIN MONIES FROM THE BEACH RESTORATION FUND TO SUCH INTEREST ACCOUNT; AUTHORIZING AND RATIFYING ALL CONTRACTS, AGREE- MENTS AND THINGS DEEMED NECESSARY OR ADVISABLE IN CONNEC- TION WITH THE CITY'S 1984 BEACH RENOURISHMENT PROJECT AND PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. (Copy of Resolution No. 77-84 is on file in the official Resolution Book) The Assistant City Attorney read the caption of the resolution. Mr. Jackel moved for the adoption of Resolution No. 77-84 as outlined by the Assistant City Attorney, seconded by Mr. Weatherspoon. 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. 5.C.2o The Assistant City Attorney reported that if the City of Delray Beach does not opt out of the County Fire Code by October 1st, they will come under it. City Fire Department staff felt that the City is not ready to come under it at this time without having had an oppor- tunity to study it. Ordinance No. 80-84, exempting the City from the Palm Beach County Fire Code, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 80-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXEMPTING THE CITY OF DELRAY BEACH, FLORIDA FROM THE OPERATION AND EFFECT OF THE "PALM BEACH COUNTY FIRE CODE" (COUNTY ORDINANCE NO. 84-3); BY REPEAL- ING SAID ORDINANCE WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR THE NON-CODIFICATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 80-84 on First Reading, 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, regarding these ordinances, Mr. Bird suggested that it might be appropriate for the Administration to review what they did in the past to see if they can come up with some stand- ardization and make a recommendation to Council for the future. At this point the roll was called to the motion. 5.c.3. The Assistant City Attorney reported that Council is to consider ratifying changes to the agreement made between the County, the City and Lavers. Lavers was interested in having Linton Boulevard approved as quickly as possible and found out there would probably be a three month delay because they would have to go out to bid on certain work regarding aerial studies. It was determined that if Lavers could go ahead and do the work themselves that the work on the road would progress more quickly; therefore, they have requested this amendment to the agreement which would say rather than a payment of $250,000 to the improvements, their payment would be that amount less whatever they expend up front in making those aerial studies. Mr. Jackel moved to ratify the changes, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.d.1. The City Manager gave an update on the beach. After examin- ing the beach they found that they have problems with the condition on the west side of the dunes. One problem was with the maintenance pro- gram relative to the scaevola; they had been cutting them severely. That will be stopped and they will have a more moderate program to keep them in condition. Further, they are moving in the direction of hiring - 4 - 09/25/84 temporary employees for the beach; a crew of college students will function in a beach maintenance program. They will also have a person in on the weekend to deal with the trash situation. The Engineering Department is presently working on a drainage project at the north end of the beach. He added that along with the maintenance program they are trying to get into a fertilizing routine on the trees along the beach as well as preparing to resod the stretch between Sandoway and Anchor Parks. They are having a problem with timing in relationship to the dredging problem. They are still working on a beach control program and that will be something the temporary employees may be able to do. There have been a number of complaints regarding beer bottles and alcohol consumption on the east side of the dunes and they have been encouraging their lifeguards to monitor this. 6. Mr. Jackel moved for agenda approval with the exception of Item 49, First Reading of Ordinance No. 79-84, to be sent to the work- shop meeting of October 16, 1984. Said motion died for lack of a second. Mrs. Horenburger moved for agenda approval leaving Item 49 on the agenda for First Reading and workshopping it on October 16, 1984 before Second Reading. Upon question by Mr. Bird, Mrs. Horenburger stated that she chose October 16th rather than October 2nd in order to give the appli- cant time to prepare. Mr. Bird stated that he will second the motion if they will delete Item 39 which has been withdrawn at the request of the applicant. Mrs. Horenburger amended her motion as follows: to approve the agenda and to remove Item 39 as requested, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mr. Jackel noted that the P&Z Board, at its meeting last week, discussed Item 49 for two hours and he feels that the developer could not possibly be ready to meet all those requirements by tonight. For this reason he feels it should be discussed at the workshop on October 16th. Mrs. Horenburger agreed, but felt they could go ahead and consider it tonight on First Reading as well as workshop- ping it on October 16th. At this point the roll was called to the motion. BUDGET CONSIDERATION 7. Levying of Tax Rate. Resolution No. 75-84, relative to levying a tax on all properties within the City of Delray Beach, 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. 75-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 75-84 is on file in the official Resolution Book) The Assistant City Attorney read the entire resolution. 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. Bird moved for the adoption of Resolution No. 75-84, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 5 - 09/25/84 Before roll call, Mr. Jackel stated that he feels the budget is flawed and brought up the following three points: (1) For the past few years experts have told them that they are spending too much money on personal services and not enough on capital improvements. As a result their infrastructure is deteriorating rapidly. The personal services in this budget have increased by 1% million dollars whereas the capital improvement has not been increased at all. (2) For the past year they have been talking about the beautification of their City and yet nothing has been appropriated towards that end in this budget. (3) 3/4 million dollars was taken from surplus to balance the budget. He feels a budget should be balanced by increase of taxation or cutting of expenditures; only for emergency reasons should they take from sur- plus and there is no emergency at this time. Mayor Campbell commended the City Manager for the excellent job he did on the budget this year. All the neighboring cities' millage rates have gone up, but they have kept theirs down. 8. Federal Revenue Sharing. A public hearing has been sched- uled to be held at this time on Federal Revenue Sharing. 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. There being no discussion from the audience, the public hearing was closed. 9. Appropriations for the 1984-85 Budget. Resolution No. 76-84, relative to making appropriations of sums of money for all neces- sary expenditures of the City from October 1, 1984 to September 30, 1985, 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. 76-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE lST DAY OF OCTOBER, 1984, TO THE 30TH DAY OF SEPTEMBER, 1985; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 76-84 is on file in the official Resolution Book) The Assistant City Attorney read the caption of the resolu- tion. 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. Bird moved for the adoption of Resolution No. 76-84, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird pointed out that this budget is a living budget as shown earlier this evening by Mr. Weatherspoon's recom- mendation to make an appropriation to help some children from moderate income families; that recommendation was approved by Council. At this point the roll was called to the motion. - 6 - 09/25/84 PUBLIC HEARING 10. Ordinance No. 53-84 - Linton Square at Lavers Annexation. Ordinance No. 53-84, relative to annexing an 18.82-acre parcel subject to SAD (Special Activities District), located on the south side of Linton Boulevard between S.W. 4th Avenue and S.W. 10th Avenue, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration 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. 53-84: 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 29, 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 LINTON BOULEVARD BETWEEN S.W. 4TH AVENUE AND S.W. 10TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Bird moved for the adoption of Ordinance No. 53-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 11. Ordinance No. 54-84 - Linton Square at Lavers Rezonin~, Con- ditional User Site and Development Plan ApproVal. Ordinance No. 54-84, relative to rezoning an 18.82-acre parcel subject to SAD (Special Acti- vities District), located on the south side of Linton Boulevard between S.W. 4th Avenue and S.W. 10th Avenue, is before Council for considera- tion 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. 54-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF RH (RESIDEN- TIAL HIGH DENSITY) DISTRICT, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING AN 18 ACRE PARCEL OF LAND, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN S.W. 4TH AVENUE AND S.W. 10TH AVENUE, SAID LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983 "; PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 54-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Mr. Robert Chapin, attorney, advised that they have made revisions to address Mr. Bird's concerns by moving 68 parking spaces toward the east. -- 7 09/25/84 Mr. Dennis Childs, architect-planner, elaborated further and added that they have also moved the building back 70 feet further from the road and opened up the courtyard treatment of the building and fountains. Mr. Chapin advised that they made it within the 60 days. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 54-84 on Second and FINAL Reading, 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. Mr. Chapin commended the Mayor and City Manager for their support of the public interest toward the widening of Linton Boulevard and the ultimate beautification of it. They all hope this will be the most beautiful gateway into the City of Delray Beach. Mr. Bird formally acknowledged his right to recall as a member of the prevailing side. 12. Ordinance No. 57-84 - Emerald Lake of Delray, Inc. Ordi- nance No. 57-84, relative to rezoning a 7.01-acre parcel from RM-6 (Multiple Family) District to LI (Light Industrial) District, located on the north side of S.W. 10th Street between S.W. 12th Avenue and S.W. 15th Avenue, 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. 57-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 9 THROUGH 16, INCLUSIVE, BLOCK 4; LOTS 2 THROUGH 13, INCLUSIVE, BLOCK 6; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 8, ALL AS CONTAINED IN REPLAT OF DELRAY BEACH HEIGHTS EXTENSION, SECTIONS A AND B, AS RECORDED IN PLAT BOOK 28 AT PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 12TH AVENUE AND S.W. 15TH AVENUE; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Bird moved for the adoption of Ordinance No. 57-84 on Second and FINAL Reading, 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. Before roll call, upon question by Mayor Campbell, Mike McDaniel, Planning Director, advised that 300 feet fronts 10th Street so that on two sides it will be abutting LI districts and on the north it will abut an RM-15 district. At this point the roll was called to the motion. 13. Ordinance No. 58-84 - Changing the City's Land Use Plan Designation - Emerald Lake of Delray, Inc. Ordinance No. 58-84, rela- tive to changing the City's Land Use Plan designation in the Compre- hensive Plan for Emerald Lake of Delray, Inc., located on the north side of S.W. 10th Street between S.W. 12th Avenue and S.W. 15th Avenue, is - 8 - 09/25/84 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. 58-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 9 THROUGH 16, INCLUSIVE, BLOCK 4; LOTS 2 THROUGH 13, INCLUSIVE, BLOCK 6; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 8; ALL AS CON- TAINED IN REPLAT OF DELRAY BEACH HEIGHTS EXTENSION, SECTIONS A AND B, AS RECORDED IN PLAT BOOK 28 AT PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LO- CATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 12TH AVENUE AND S.W. 15TH AVENUE, FROM MF-6 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Bird moved for the adoption of Ordinance No. 58-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 1~. Ordinance No. 59-84 - McNamara Enterprises, Inc. Ordinance No. 59-84, relative to annexing a 2.268-acre parcel subject to LI (Light Industrial) District, located south of Linton Boulevard between Congress Avenue and 1-95, 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. 59-84: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND 1-95; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. r. Jackel moved for the adoption of Ordinance No. 59-84 on Second and FINAL Reading, 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. 15. Ordinance No. 67-84 - Amending Code - Pensions for General Employees. Ordinance No. 67-84, amending Chapter 18 "Pension and Re- tirement'' of the Code of Ordinances relative to pensions for general employees, is before Council for consideration on Second and FINAL - 9 - 09/25/84 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. 67-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSION AND RETIRE- MENT'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES," DIVISION 2, "ELIGIBILITY; PARTICIPA- TION; SERVICE", SECTION 18-79, "ELIGIBILITY; PARTICIPA- TION'', TO ELIMINATE MAXIMUM AGE RESTRICTIONS FOR ELIGI- BILITY; BY AMENDING SECTION 18-80, "SERVICE ", TO ALLOW SERVICE CREDIT FOR PARTICIPATION AT ANY AGE; BY AMENDING SECTION 18-82, "CREDITED SERVICE", TO ALLOW REPAYMENT UNDER CERTAIN CIRCUMSTANCE; BY ENACTING A NEW SECTION 18-83, "ACTUARIAL EQUIVALENCE" , TO DEFINE ACTUARIAL EQUIVALENCE; BY AMENDING DIVISION 3, "MISCELLANEOUS PROVISION REGARDING THE PLAN", SECTION 18-93, "PARTI- CIPANT'S CONTRIBUTION ACCOUNT", TO ALLOW CONTRIBUTIONS FOR PARTICIPATION AT ANY AGE; BY AMENDING DIVISION 4, "BASIS, AMOUNT AND PAYMENT OF RETIREMENT INCOME", TO COUNT SALARY EARNED FOR PARTICIPATION AT ANY AGE; BY AMENDING SECTION 18-110, "NORMAL RETIREMENT AND RETIRE- MENT INCOME", TO REFLECT CREDITED SERVICE AFTER AGE 60; BY AMENDING SECTION 18-111, "EARLY RETIREMENT AND RETIRE- MENT INCOME", TO INTRODUCE NEW EARLY RETIREMENT FACTORS; BY AMENDING SECTION 18-113(A), "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", TO CHANGE METHOD OF CALCULATION OF VESTING BENEFIT; BY AMENDING SECTION 18-115, "LUMP-SUM PAYMENT OF SMALL RETIREMENT INCOME", TO RECOGNIZE NEW DEFINITION OF AC- TUARIAL EQUIVALENCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-84 is on file in the official Ordinance Book ) The Assistant City Attorney read the caption of the ordi- nance. 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. Mr. Robert Stump asked what percentage of the budget is dedicated to payment of pensions. Mayor Campbell advised Mr. Stump to speak to Mr. Huddleston, Finance Director. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 67-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 16. Ordinance No. 68-84 - Zonin~ Ordinance Amendment - Recrea- tional Vehicles. Ordinance No. 68-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to regulations for the parking, storing or keeping of commercial vehicles, boats, buses, trailers and trucks, 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. 68-84: 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 30-20, "REGULATIONS FOR THE PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES, BOATS, BUSES, - 10 - 09/25/84 TRAILERS AND TRUCKS", BY REPEALING SECTION 30-20 (B), "DEFINITIONS", AND ENACTING A NEW SECTION 30-20 (B), "DEFINITIONS", WHICH DEFINES TERMS FOR PURPOSES OF THIS CHAPTER, INCLUDING BOAT; BOAT TRAILER; BUS, POLE TRAILER, SEMI-TRAILER, TRAILER, TRAILER COACH, TRUCK, AND TRUCK TRAILER; CAMPER; CAP; CHASSIS CAMPER; INDUSTRIAL EQUIP- MENT; OWNER; PICKUP TRUCK; RECREATIONAL VEHICLE; AND RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 30-20(E), "PERMITTED PARKING", SUBSECTION (2) (b) TO ALTER THE SCREENING REQUIREMENTS FOR BOATS, BOAT TRAILERS AND RECREATIONAL VEHICLES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Upon question by Mrs. Alice Finst, 707 Place Tavant, the Assistant City Attorney explained that this clarifies and redefines the requirements but does not change them at all. Reverend L.C. Weatherspoon questioned how this ordinance affects the parking of trucks. The Assistant City Attorney explained that under the present code they are permitted to park a panel, pickup or similar type truck not over 3/4 ton in a residential zoning district. Other trucks are not permitted in residential zoning districts. Reverend Weatherspoon advised that he parks his truck over 75 feet from the road and he expressed concern over items being stolen out of his truck if he has to park it someplace else. Mayor Campbell stated that Reverend Weatherspoon can comply with the ordinance if his truck is shielded on his property. Mr. Bird stated that the existing ordinance needs some changes in order to make it fairer to some and more restrictive in other areas. The area in question is a challenge and he would appreciate input from Reverend Weatherspoon. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 68-84 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. 17. Ordinance No. 69-84 - William L. and Kathleen S. Wallace Annexation. Ordinance No. 69-84, relative to annexing a 7.29-acre parcel, subject to SC (Specialized Commercial) zoning district, located at the northeast corner of 1-95 and Linton Boulevard, 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. 69-84: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF 1-95 AND LINTON BOULEVARD; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. - 11 - 09/25/84 (Copy of Ordinance No. 69-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 69-84 on Second and FINAL Reading, 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. Before roll call, Mr. Bird stated for the record that it is his understanding that intermediate inspections, final inspections and the delivery of Certificate of Occupancy will be done on the basis of County inspection, not City. At this point the roll was called to the motion. 18. Ordinance No. 70-84 - William L. Wallace Annexation. Ordinance No. 70-84, relative to annexing a 2.78-acre parcel, subject to LI (Light Industrial) zoning district, located at the northeast corner of 1-95 and Linton Boulevard, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 70-84: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF 1-95 AND LINTON BOULEVARD; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 70-84 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 70-84 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. Before roll call, Mr. Bird stated he would add the same caviat as Ordinance No. 69-84. At this point the roll was called to the motion. CONSENT AGENDA 19. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. Council is to consider ratification of SCRWTD Board action of September 13th regarding adoption of 1984-85 operating budget. The SCRWTD Board approved it by a vote of 8-0. 20. Request for Solicitation of Funds - Florida Consumer Federa- tion. Council is to consider a request for solicitation of funds from September 26th through November 10, 1984. Approval is recommended. - 12 - 09/25/84 21. Request for Solicitation of Funds - League of Women Voters of South Palm Beach County, Inc. Council is to consider a request for solicitation of funds from November 5th through November 16, 1984. Approval is recommended. 22. Final Plat Approval - South Delray Sho~ing Plaza, Phase II (aka Tropic View Condominiums). Council is to consider a request for final plat approval for South Delray Shopping Plaza, Phase II, an ap- proved 40 unit multiple family project located at the northwest corner of Florida Boulevard and Avenue "L". The Planning & Zoning Board ap- proved this by a vote of 7-0. 23. Extension of Conditional Use Approval - Shuler's Memorial Chapel. Council is to consider a request for a six-month extension of the conditional use approval for Shuler's Memorial Chapel, located at the southwest corner of West Atlantic Avenue and S.W. 6th Avenue. The Planning & Zoning Board recommended approval subject to the following condition: That the conditions imposed by City Council in granting the original approval of September 28, 1982 shall remain in effect. 24. Lift Station 17 Renovation. Council is to consider award of a contract to the low bidder, Donestevez/Environcon, Inc. for Lift Station 17 renovation in the amount of $133,153, with funds to come from the 1983/84 budget. Approval is recommended. 25. Ranking of Consultants to conduct Police Facility Needs As- sessment. Council is to confirm its rating of the following consultants and authorize the City Administration to negotiate the contract: 1. Marion J. Varner 2. H. Wendell Mounce 3. Polson Architects 26. Solid Waste Authority Transfer Station. Council is to consider authorizing execution of agreement between the City and Florida Power & Light for release of easements in return for an agreement by the City to grant easements as needed once the new Transfer Station is constructed. Approval is recommended. 27. Council is to consider a lease agreement between the City and the School Board of Palm Beach County for payment of a custodial fee of $26.75 per facility for use of the facilities to conduct elections. 28. Execution of Release. Council is to consider authorizing execution of release to Diversified Roofing System and Maryland Casualty Company for payment of $3,773.24 covering damages to the roof of the Club House at the Municipal Golf Course as a result of a rain storm. Approval is recommended. 29. Agreement for Water Service - Joe Friedes. Council is to consider authorizing execution of an agreement between the City and Joe Friedes dba National Funding Corporation which establishes the City as monitor for five years for future water connections with a pro rata payback not to exceed $24,000. Approval is recommended. 30. Belair Heights Alley Abandonment (Bruce & Danielle Harrell). Resolution No. 67-84, abandoning a portion of the alley lying within Block 1 of the Belair Heights Subdivision, located between S.W. 10th Avenue and S.W. 9th Avenue, is before Council for consideration. The Planning & Zoning Board approved this by a vote of 5-0. - 13 - 09/25/84 The caption of Resolution No. 67-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT CERTAIN 16 FOOT ALLEY RUNNING 137.22 FEET, MORE OR LESS, WESTERLY FROM S.W. 9TH AVENUE AND LYING ADJACENT TO AND NORTHERLY OF LOT 16, BLOCK 1, BELAIR HEIGHTS, A SUBDIVISION AS RECORDED IN PLAT BOOK 20, PAGE 45, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 67-84 is on file in the official Resolution Book) 31. Easement Deed - Block 1, Belair Heights Subdivision. Coun- cil is to consider acceptance of an easement deed for public access and utilities. The executed easement deed is being granted to the City in place of the abandoned alley (Item 30). The Planning & Zoning Board approved this by a vote of 5-0. 32. Abandonment of a Portion of Frederick Boulevard (Frank E. and Charlotte Miller). Resolution No. 68-84, abandoning a portion of Frederick Boulevard between Avenue "L" and Avenue "J", is before Council for consideration. The Planning & Zoning Board approved this by a vote of 5-0. The caption of Resolution No. 68-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF FREDERICK BOULEVARD, LYING BETWEEN AVENUE "L" AND AVENUE "J", AS SHOWN ON THAT PORTION OF THE PLAT OF DEL-RATON PARK, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 68-84 is on file in the official Resolution Book) 33. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 69-84, accepting all sanitary sewers and water utilities as recorded in the plat of Le Village de Provence, is before Council for considera- tion. The caption of Resolution No. 69-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN LE VILLAGE DE PROVENCE, RECORDED IN PLAT BOOK 47, PAGES 32 & 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 69-84 is on file in the official Resolution Book) 34. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 70-84, accepting sanitary sewers and water utilities as recorded in the plat of Sabal Pine South, Phase 2, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 70-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN SABAL PINE SOUTH PHASE 2, RECORDED IN PLAT BOOK 39, PAGE 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING - 14 - 09/25/84 THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 70-84 is on file in the official Resolution Book) 35. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 71-84, accepting sanitary sewers and water utilities as recorded in the plat of Congress Square, is before Council for consideration. Ap- proval is recommended. The caption of Resolution No. 71-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND ~TER UTILITIES INSTALLED IN CONGRESS SQUARE, RECORDED IN PLAT BOOK 46, PAGES 198, 199 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 71-84 is on file in the official Resolution Book) 36__~. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 72-84, accepting sanitary sewers and water utilities as recorded in the plat of Rainberry Bay, Section 8, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 72-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION 8, RECORDED IN PLAT BOOK 47, PAGES 67 & 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 72-84 is on file in the official Resolution Book) 37. Annexation Request - West side of FlOrida Boulevard between LaMat Avenue and Avenue "J" (Henr~ E. and Judith C. Brooks). Resolution No. 74-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 0.20-acre parcel subject to RM-10 (Multiple Family Dwelling) District, is before Council for consideration. It is zoned RS (Residential Single Family) in the County and is designated MF-10 (Multiple Family) on the City's Land Use Plan. The caption of Resolution No. 74-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RS-RESIDEN- TIAL SINGLE FAMILY TO THE CITY'S ZONING CLASSIFICATION RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. - 15 - 09/25/84 (Copy of Resolution No. 74-84 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, Items 19 through 37, inclusive, seconded by Mrs. Horenburger. Said motion passed unanimously. Before roll call, regarding abandonments, Mayor Campbell asked about compensation to the City into the right-of-way fund. The City Manager advised that they have a copy of the ordinance which their neighbor to the south had and they will be looking into it within the next few months. At this point the roll was called to the motion. REGULAR AGENDA 38. Selection of finalists for review for the lease management of the Municipal Golf Course. Mayor Campbell stated he would like to use the approach where if the applicant so chooses he can come forward and make a presentation before Council. This would also give the public a chance to view the applicants and ask questions. He would like to see this scheduled for next Tuesday, possibly a special meeting. The City Manager suggested contacting the selected applicants tomorrow and re- porting back to Council tomorrow afternoon. It was the consensus of Council to meet the applicants as soon as possible. Two of the appli- cants who were in the audience stood up and introduced themselves. Council Members and the City Manager turned in their votes. The Assistant City Attorney advised Council that it will be necessary to approve the short list created as a result of this voting. Mayor Campbell read the names that appeared on the ballots. He reported that there is a total of 12 names appearing and that they will have the votes counted and return to this item later. 40. Appraisal of City Property. Council is to consider author- izing an expenditure of approximately $2500 for an appraisal of City property which will be offered in exchange for property adjacent to the Regional Treatment Plant owned by Shell Oil Company, with funds to come from the ~ter and Sewer Fund. Approval is recommended. Mrs. Horenburger moved for approval, seconded by Mr. Weatherspoon. Said motion passed unanimously. Before roll call, the Assistant City Attorney advised that they have not yet had an appraisal done for the other property so they will probably have to appropriate double that amount. At this point the roll was called to the motion. 41. Ordinance No. 71-84 - Chan~in~ the City's Land Use Plan D--~i~nation (Scaltrito). Ordinance No. 71-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.65- acre parcel of land located at the northeast corner of S.W. 15th Avenue and S.W. 8th Street, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held on November 13, 1984. The City Manager presented Ordinance No. 71-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 3, 4, 5 AND 6, BLOCK 3, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SEC- TIONS "A" AND "B", ACCORDING THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 171 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PARCEL OF LAND IN THE NORTH- WEST ONE-QUARTER (NW¼) OF SECTION 20, T~SHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHEAST CORNER OF S.W. 15TH AVENUE AND S.W. 8TH STREET, FROM MF-15 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. - 16 - 09/25/84 The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 71-84 on First Reading, 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. 42. Ordinance No. 72-84 - Scaltrito Rezonin~. Ordinance No. 72-84, relative to rezoning a 2.65-acre parcel of land subject to LI (Light Industrial) District, located at the northeast corner of S.W. 15th Avenue and S.W. 8th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 13, 1984. The City Manager presented Ordinance No. 72-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 3, 4, 5 AND 6, BLOCK 3, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 171 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PARCEL OF LAND IN THE NORTHWEST ONE- QUARTER (NW¼) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF S .W. 15TH AVENUE AND S .W. 8TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 72-84 on First Reading, 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. 43. Ordinance No. 73-84 - Chan~in~ the City's Land Use Plan Designation (Miller). Ordinance No. 73-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 1.69- acre parcel of land located on the north side of S.W. 10th Street and S.W. 15th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 13th. The City Manager presented Ordinance No. 73-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 4, REPLAT OF DELRAY BEACH HEIGHTS EX- TENSION SECTIONS "A" AND "B", ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 28, PAGE 171, LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 14TH AVENUE AND S.W. 15TH AVENUE, FROM MF-6 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 73-84 on First Reading, 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. 44. Ordinance No. 74-84 - Miller Rezonin~. Ordinance No. 74-84, relative to rezoning a 1.69-acre parcel of land subject to LI (Light Industrial) District, located on the north side of S.W. 10th Street, between S.W. 14th Avenue and S.W. 15th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 13, 1984. ~ 09/25/84 The City Manager presented Ordinance No. 74-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 4, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B", ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 28, PAGE 171. SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 14th AVENUE AND S.W. 15TH AVENUE AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 74-84 on First Reading, 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. 45. Ordinance No. 75-84 - Chan~in~ the City's Land Use Plan ~i~nation (Lake Ida Professional Plaza). Ordinance No. 75-84, rela- tive to changing the City's Land Use Plan Designation in the Comprehen- sive Plan for a 7-acre parcel of land located at the northwest corner of Congress Avenue and Lake Ida Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 13, 1984. The City Manager presented Ordinance No. 75-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PORTION OF THE EAST ONE HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, FROM PRD-4 PLANNED RESIDENTIAL TO POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 75-84 on First Reading, 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. 46. Ordinance No. 76-84 -Lake Ida Professional Plaza Rezonin~. Ordinance No. 76-84, relative to rezoning a 7-acre parcel of land sub- ject to POI (Professional, Office and Institutional) District, located at the northwest corner of Congress Avenue and Lake Ida Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 13, 1984. The City Manager presented Ordinance No. 76-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-4 ( PLANNED RESIDENTIAL ) DISTRICT IN POI ( PROFES- SIONAL, OFFICE AND INSTITUTIONAL) DISTRICT, A PORTION OF THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The Assistant City Attorney read the caption of the ordinance. - 18 - 09/25/84 Mr. Bird moved for the adoption of Ordinance No. 76-84 on First Reading, 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. 47. Ordinance No. 77-84 - Zonin~ Ordinance Amendment - Reduction of Front Buildin~ Setback. Ordinance No. 77-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to reduction of front build- ing setback by five feet for lots located on a cul-de-sac, is before Council for consideration on First Reading. If passed, Public Hearing will be held on October 9, 1984. The City Manager presented Ordinance No. 77-84: 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 -16 "SPECIAL SETBACK PROVISIONS" BY ADDING A NEW SUBSECTION (O) TO REDUCE THE FRONT BUILDING SETBACK BY FIVE (5) FEET FOR LOTS LOCATED ON A CUL-DE- SAC; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE o The Assistant City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 77-84 on First 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. 48. Ordinance No. 78-84 - Brooks Annexation. Ordinance No. 78-84, relative to annexing a 0.20-acre parcel, subject to RM-10 (Mul- tiple Family Dwelling) District, located on the west side of Florida Boulevard, between LaMat Avenue and Avenue "J", is before Council for consideration on First Reading. If passed, Public Hearing will be held on October 23, 1984. The City Manager presented Ordinance No. 78-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 45, 47 AND 48, BLOCK 34, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN LAMAT AVENUE AND AVENUE "J", WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 78-84 on First Reading, 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. 49. Ordinance No. 79-84 - Delint Center Rezonin~. Ordinance No. 79-84, relative to rezoning an 86.423-aCre parcel of land from PRD-4 (Planned Residential District) to SAD (Special Activities District) for Delint Center, a proposed mixed use development, is before Council for consideration on First Reading. The property is located south of Linton Boulevard between 1-95 and Lindell Boulevard. If passed, Public Hearing will be held on October 9, 1984. - 19 - 09/25/84 The City Manager presented Ordinance No. 79-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED PRD-4 (PLANNED RESIDENTIAL DISTRICT) , IN SAD (SPECIAL ACTIVITIES DISTRICT), BEING AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983;" PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 79-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Mr. Donald Reed, attorney representing applicant, requested that Council workshop this project at the October 2nd meeting rather than October 16th so that they are not delayed any further and so the Public Hearing can be on October 9th as scheduled. Mr. McDaniel stated that he does not feel there is anything to be gained by delaying this for an extra two weeks. All the issues have been explored and he feels the applicant is prepared to address any concerns Council might have. Mr. Currie, architect, made a presentation and discussed the concerns about density for the apartments and the opening up of Dotterel Road. He presented a scale model of the project and explained how they are dealing with those concerns. Discussion was had relative to parking and green space. Mr. McDaniel explained that the project presently complies with the basic thrust of the new parking ordinance they are proposing and he feels that parking will not be a problem. Mr. Robert Stump, 2726 Carnation Court, stated that he is not here to oppose the concept but he is concerned over the density to the area. He noted that Council has already approved several other projects in the vicinity of Linton Boulevard and Congress Avenue. He asked if a proper study has been done as to the eventual traffic impact on the area. He also asked about the time schedule relating to this development and to the widening of Linton Boulevard between Congress Avenue and Dixie Highway and whether anyone has asked DOT if they are interested in increasing the lanes off of 1-95. Mr. Reed stated that they can adequately respond to the concern over traffic impact at the workshop. Mr. Currie asked Council to delete from the ordinance item (j) "That Dotterel Road shall be constructed as a two lane section from Audubon Boulevard to Lindell Boulevard." They do not feel it serves any purpose. Discussion was had in this regard. Mr. Bird stated that he has heard concern from different people about traffic impact on Audubon Boulevard. Another concern is that Lake Delray Apartments predominantly services a very elderly popu- lation and at the moment that segment of Dotterel Road is the access to their parking lot. He feels they will cause a new problem by opening it up and making it the preferred route into Bass Creek. Mr. Currie stated they originally went in with 311 units. In working with the P&Z Board and staff they have reduced that number to 264 units, which is the number they would like to go in with. Mayor Campbell suggested using the language "not more than 264 units" and after workshop they could reduce that number if they desire without having to amend the ordinance. - 20 - 09/25/84 Mr. Bird amended his motion to adopt Ordinance No. 79-84 on First Reading and to delete item (j) from the ordinance and that item (t) will read "that the residential density be not greater than 264 units", seconded by Mr. Weatherspoon. 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. Before roll call, Mr. Jackel stated that many of the con- cerns which were discussed at the P&Z meeting are not included in the ordinance which is why he felt they should workshop this first before considering it on First Reading. He agrees with Mr. Stump's concern that when Linton Boulevard is fully developed, they will have a mess out there. That whole area must be considered, not merely this one project. At this point the roll was called to the motion. It was the consensus of Council to discuss this project further at the October 2nd workshop meeting. 50. Com~uter Services. Council is to consider establishing criteria for staff evaluation proposals by computer system vendors. Approval is recommended. The Assistant City Attorney reported that the City's hired consultants and the staff committee need the flexibility to be able to review the proposals on the basis of the competency of the bidder as well as the price that's offered. Also to be able to negotiate the terms offered by the bidder rather than being locked into the terms of the bid. This is why they are asking Council to waive the requirement of Section 2-37 of the Code of Ordinances and to adopt the procedure in the memorandum as a way of reviewing proposals and providing computer services for the City. Mr. Jackel moved to approve the proposal made by the As- sistant City Attorney regarding criteria for evaluating vendors sub- mitting their computer systems, seconded by Mr. Weatherspoon. Said motion passed unanimously. Before roll call, upon question by Mr. Weatherspoon, the Assistant City Attorney advised that the standard bidding procedures pretty well lock them into low bid. For computer services they must look at the financial integrity of the company, their ability to provide training services, the accessibility of backup services; all of those things which might modify a proposal. This is why they are asking for flexibility. At this point the roll was called to the motion. In response to a question raised earlier by Mr. Stump, the City Manager advised that 3.7% of their total budget is spent for pen- sion. That includes both general and police and fire. 38. Mayor Campbell reported that they have ranked the applicants by who received the most consideration. Mr. Gene Stout was on 5 lists; Franklin Code House was on 4; Mr. Burl Dale was on 3; Mr. John Byron was on 3; Laurie Hammer was on 3; and R.L. Carson was on 3; the others were on 2 or less. The short list will contain everyone who was on 3 or more lists for a total of six people. (Note: A copy of the rating slips is attached hereto and made a part hereof). Mr. Bird moved for approval of the list, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mayor Campbell stated that the City Manager will get back to Council after he has contacted the finalists to arrange for a special meeting. At this point the roll was called to the motion. - 21 - 09/25/84 Mayor Campbell declared the meeting adjourned at 9:55 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 September 25, 1984, which minutes were formally approved and adopted by the City Council on ~L~o 9,/~ . 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. - 22 - 09/25/84