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03-08-83 MARCH 8, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, March 8, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and Assistant City Attorney Richard Carlson, Jr. 2. The opening prayer was delivered by Reverend John Hadlock of Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of February 22, 1983 and the special meeting of February 22, 1983, seconded by Mr. Perry. Said motion passed unanimously. 5.a.1. Mr. Robert French, 131 Mockingbird Lane, referred to the proposed life care development located on Linton Boulevard and ques- tioned because something is better, or there is a need for it, is it right. He suggested that Council consider whether they are circumven- ting the two ordinances that deal with this property. He believes that, if exceptions are made and the regulations do not call for it, then this begins to destroy what is known as the democratic process. 5.a.2. Jack Kellerman, 1382D High Point, thanked Council and the Administration for their assistance in the matter of Le Village De Provence. 5.b.1. Mr. Bird stated that following a discussion with the Mayor this afternoon he would like a Sewer Board meeting held either at the end of this week or Monday of next week. 5.b.2. Mr. Jackel stated that he would like to present a new pro- ject for the Internal Audit Committee. The objective of the new project would be to carry out a wage survey whose purpose will be to determine whether or not Delray Beach has a competitive wage scale. He would like to see this study finished in plenty of time so that Council can analyze it and apply the results to the next budget session. Mr. Jackel moved that the City Council direct the Internal Audit Committee to conduct a wage survey starting immediately, seconded by Mr. Bird. Mr. Bird stated that in his experience on Council they have held one full scale and one partial wage survey and in every instance they have found it necessary to go to outside consultants to obtain sufficient data. He questioned whether in voting yes on this item are they implying that the next step includes some kind of contract to get that kind of help or anticipate that the Internal Audit Committee will have the time to do this on their own. Upon question by Mr. Bird, the City Manager stated that the Administration's work schedule is such that in the next month it will be very difficult for Personnel to break away and assist the Internal Audit Committee. At present the Committee is reviewing the City's financial reporting systems and also the long range financial trend indicator package. Mr. Bird suggested that Mr. Jackel amend his motion to add the statement that the Internal Audit Committee be encouraged to return to Council if they require additional assets in order to satisfactorily complete the task given to them. Mr. Jackel amended his motion and Mr. Bird amended his second. Said motion passed unanimously. 5.b.3. Mayor Young presented and read a proclamation proclaiming the month of March as "ORT Month". 5.c. There were no Non-Agenda items by the Assistant City Attor- ney. 5.d. The City Manager reported that they have received a solici- tation request from the Delray Beach Jayceettes for Saturday, March 12, 1983. They will be giving out shamrock buttons for Muscular Dystrophy. The form was received late but due to the timing he would like to bring it before Council tonight. Mr. Bird moved to approve the solicitation request from the Delray Beach Jayceettes, seconded by Mr. Blair. Said motion passed unanimously. 6. Mr. Bird moved for agenda approval with the exception of item 31 to be the next item under Public Hearings, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARING 31. Conditional Use Approval - Amoco Self Serve Gasoline Sta- tion. Council is to consider approval of conditional use for Amoco Self Serve Gasoline Station and Mini-Mart, located at the northeast corner of N.W. 8th Avenue and Atlantic Avenue, subject to the following condi- tions: (1) Assistant City Engineer's memorandum of January 14, 1983; (2) Items 1 and 2 of the City Horticulturist's mem- orandum of January 12, 1983; (3) That the development of the property be in ac- cordance with the approved site plans re: Amoco Oil Company, Delray Beach, Florida, prepared by PIECO, P.O. Box 4930, Hialeah, FL 33014, Sheet Nos. 1, iA, 5, and 6 dated January 12, 1983; and prepared by Kenneth E. Lones, Landscape Ar- chitect, 140 N.E. 160th Street, North Miami Beach, FL, Sheet No. 7 dated December 7, 1982, revised December 23, 1982; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; (4) That the only conditional use approved for this property is a gasoline station with mini-mart; (5) That all improvements shown on the approved site plans be constructed prior to occupancy of the site and its use as a gasoline station and mini- mart; and (6) That development be completed within eighteen (18) months. Alan Ciklin, representing the petitioner, stated that this item was originally sent to the Planning and Zoning Board in January and at that particular time Amoco felt they could not present all the facts. He explained why Amoco feels that the development of this project will rejuvenate and revitalize this area and added that they are prepared to make a commitment that in the event the City were to commence any re- development programs Amoco would participate in them. He stated that before Amoco selected this site they ran a computer analysis to decide whether or not there was a particular need for a station. Their anal- ysis showed that this is a superior location and, if permitted to go ahead, will be a tremendous success for the company. He added that the - 2 - 3/8/83 Planning and Zoning Board imposed conditions on the approval; Amoco agrees with the staff recommendations but they do not agree with closing at 12 midnight and not being able to sell beer and wine. They feel that by imposing these two conditions this facility would be treated dif- ferently than any other similar facility in the area. The conditional use approval is for the gasoline pumps not the convenience store which is already a permitted use in the area. Ernestine Holliday, 40 N.W. 9th Avenue, stated that she is against this area being used for a gasoline station and feels that it will entice more crime in the area. She feels that Council should consider the people who live in this area not the people who will be coming and going from the gas station. Rosetta Rolle, 301 N.W. 3rd Avenue, stated that she is also against this station being built. She feels that Council should plan and upgrade the area not by putting in a gasoline station but perhaps an office building. Lena Tucker, 350 N.W. 4th Avenue, stated that she is part owner of the property and is in favor of this plan and feels the station will help improve Atlantic Avenue. David Randolph, 105 N.W. llth Avenue, spoke against the gasoline station. He stated that one objection from the residents in the area is that residents all over the City may be affected as crime is not a localized factor when beer and wine is involved and suggested that Council consider the residents within the area. Reverend Sylvester Wright, 13 S.W. 7th Avenue, stated that he concurs with Mr. Randolph's statement. Mr. Bird moved to approve the conditional use for Amoco Self Serve Gasoline Station and Mini-Mart subject to the limitations set forth in the memorandum from the Planning Director of February 23, 1983, the memorandum from the Assistant City Engineer of January 14, 1983 and the memorandum from the City Horticulturist of January 12, 1983, sec- onded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Perry stated that he spoke to many people in the area involved and found that just as many people were against the station as were for it. With regard to crime in the area he feels that if Amoco wants to put a gas station there it is a business decision that they have to make. Mr. Blair stated he feels that the residents should look at this project as a good investment and something that will help the area. Mr. Jackel stated that if this station does a great deal of business, as it is supposed to, it will create an amount of traffic which the Avenue cannot handle. He has always been of the opinion that regardless of what part of the City they are talking about they always consider the people living there and the people living in this community have as much right to their life style as anyone else. He does not see what has to be gained from another gas station on Atlantic Avenue and for this. reason will support the opinion of the residents who are against it. At this point the roll was called to the motion. Mayor Young declared a recess the time being 8:10 P.M. The meeting was reconvened the time being 8:15 P.M. - 3 - 3/8/83 7. Ordinance No. 3-83 - Zoning Ordinance Amendment - Planned Commerce Center District. Ordinance No. 3-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to creating a new zoning district to be known as PCC (Planned Commerce Center), 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. 3-83: 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 ENACTING A NEW SECTION 30-15.2, CREATING A NEW ZONING DISTRICT TO BE KNOWN AS PCC (PLANNED COMMERCE CENTER) DISTRICT; AMENDING SECTION 30-2(C) "ESTABLISHMENT OF ZONING DISTRICTS" TO INCLUDE THE NEW PCC DISTRICT; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 3-83 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. Ken Ellin~sworth, stated that he would like to urge Coun- cil's approval of this ordinance. He feels it is a good step forward in something that is needed badly and complimented the Planning Director on his work. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 3-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 15-83 - High Point Water Tower Annexation. Ordinance No. 15-83, annexing an unimproved 0.5-acre parcel of land to be used for the location of a future storage tank, located south of the L-32 Canal, between High Point Boulevard North and Davis Road, subject to R-1AA (Single Family Dwelling) District, is before Council for con- sideration 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. 15-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, %;HICH 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. (Copy of Ordinance No. 15-83 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. 15-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 4 - 3/8/83 9. Ordinance No. 16-83 - Changing the City's Land Use Plan Designation. Ordinance No. 16-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lot 1, located at the northwest corner of Federal Highway and Lindell Boulevard from MF-10 (Multiple Family - 10 units per acre) to C (Commercial) (Lenart Hedman, applicant), 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. 16-83: 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 LOT 1 LESS THE WEST 75 FEET THEREOF, TROPIC GARDENS, AS RECORDED IN PLAT BOOK 29, PAGE 121 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 16-83 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. 16-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 17-83 - Hedman Rezoning. Ordinance No. 17-83, relative to rezoning and placing a 0.46-acre parcel which is presently zoned RM-10 (Multiple Family Dwelling) District in SC (Special- ized Commercial), is before Council for consideration on Second and FINAL Reading. This parcel is located at the northwest corner of Fed- eral Highway and Lindell Boulevard. 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. 17-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, LOT 1, LESS THE WEST 75 FEET THEREOF, TROPIC GARDENS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 29, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND LINDELL BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 17-83 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. 17-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 5 - 3/8/83 CONSENT AGENDA Mayor Young stated that it has been requested that item 15 be removed from the consent agenda and moved to the regular agenda. Mr. Bird requested that item 12 be removed from the consent agenda and remanded to the next workshop meeting. The following items are to be considered as the Consent Agenda: 11. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of February 24, 1983. Council is to consider ratifying the following action authorized by the SCRWTD Board. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. a. Sludge Handling Contract between the SC~TD Board and HES Transport, Inc. b. Change Order No. 2 between the SCRWTD Board and Lanzo Construction Company for sludge condi- tioning facilities. 13. Nuisance Abatement. Resolution No. 13-83, assessing costs for abating nuisances for 95 properties in accordance with Section 13-13, is before Council for consideration. These are delinquent lot mowing accounts and this places a lien on the property. The caption of Resolution No. 13-83 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 WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCUR- RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (Copy of Resolution No. 13-83 is on file in the official Resolution Book) 14. Repair of Seawall. Resolution No. 14-83, authorizing the award of a contract for repair of a seawall, which is City property, located on the east end of N.E. 5th Street on the west side of the Intracoastal Waterway to the low bidder, Mantua Seawall Repair, Inc., in the amount of $2,800.00, with funds to come from the Contingency Ac- count, is before Council for consideration. The caption of Resolution No. 14-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT FOR THE REPAIR OF THE SE~ALL, WHICH IS CITY PROPERTY LOCATED ON THE EAST END OF N.E. 5TH STREET ON THE WEST SIDE OF THE INTRACOASTAL WATERWAY, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 14-83 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the exception of items 12 and 15, seconded by Mr. Blair. Said motion passed unanimously. - 6 - 3/8/83 REGULAR AGENDA 15. City Hall Expansion. Change Order No. 3, increasing the contract price by Cox and Palmer Construction Corporation in the amount of $4,234.50 to provide for the tempered glass and the fixed glass windows in the Council Chambers, is before Council for consideration. Approval is recommended. The City Manager stated that this change order can be viewed as two different change orders. The minimum code does not require that tempered glass be used in a public building; however, it is the recom- mendation of the Architect, the City Engineer and himself that they use the tempered glass, for an additional price of $2,061, as a safety measure. The second part of the change order would be for a total of $2,173.50 which would replace the windows in the chambers with fixed pane windows to match the balance of the building. Mr. Bird questioned what would happen if the air condi- tioning were to go out and no windows could be opened. The City Manager suggested that perhaps they could leave awning windows at the top but still replace the bottom windows with tempered glass. Mr. Bird moved to approve Change Order No. 3, seconded by Mr. Jackel. Said motion passed unanimously. 16. Appointments - Board of Adjustment. Council is to consider appointing two regular and two alternate members of the Board of Adjust- ment to terms ending March 15, 1986. Mr. Jackel submitted the following names: Alfred Carrocia to be reappointed as a regular member; Thomas Lynch to be appointed as a regular member; Roger Saberson to be appointed as an alternate and Jacob Strohl to be appointed as an alternate. Mayor Young stated that he had been contacted by Roger Saberson who indicated that he would not like to be appointed as a member of the Board of Adjustment. Mr. Jackel moved to reappoint Alfred Carrocia as a regular member and appoint Thomas Lynch and Jacob Strohl as alternate members, seconded by Mr. Bird. Said motion passed unanimously. 17. Appointments - Community Appearance Board. Council is to consider appointing two alternate members of the Community Appearance Board to terms ending March 8, 1985. Mayor Young suggested that they defer this item until the next regular meeting as they have no applicants. 18. Appointment - Civil Service Board. Council is to consider the appointment of a member of the Civil Service Board to a two-year term ending April 1, 1985. Mr. Jackel submitted the name of Carl Bayer to be appointed to the Civil Service Board. Mr. Bird suggested that they delay this item until the next regular meeting as there are some things he would like to talk to Mr. Bayer about. 19. Appointments - Board of Construction Appeals. Council is to consider appointing three members of the Board of Construction Ap- peals to terms ending January 8, 1986. Mr. Bird moved to reappoint Tom Woolbright, Russell Warren and Russell Jennings as members of the Board of Construction Appeals to term ending January 8, 1986, seconded by Mr. Blair. Said motion passed unanimously. - 7 - 3/8/83 20. Appointments - Code Enforcement Board. Council is to consider appointing three regular and five alternate members of the Code Enforcement Board to terms ending January 14, 1986. Mr. Jackel moved that they reappoint Oral Craft, William Merriman, William Owens as regular members and Robert McDonald be reap- pointed as an alternate member, seconded by Mr. Bird. Said motion passed unanimously. Mayor Young noted that William Owens was previously an alternate. 21. Appointment - Board of Trustees (Police and Fire). Council is to consider appointing one member of the Board of Trustees (Police and Fire) to a term ending April 22, 1986. Mayor Young stated that he has spoken to Mr. Morley of the Police Department who will furnish Council with a suggested name for this appointment and suggested that they defer this item until the next regular meeting. 22. Appointments - Contractors Board of Examiners. Council is to consider appointing three regular and five alternate members of the Contractors Board of Examiners to terms ending October 9, 1985. Mayor Young recommended that all members be reappointed to their present positions. Mr. Bird moved that Alan Haynes, Alvero Vera and Michael Botos be reappointed as regular members and Mike Picard and Robert Federspiel be reappointed as alternate members, seconded by Mr. Jackel. Said motion passed unanimously. The Assistant City Attorney requested that Council make a motion to amend the agenda to include any additional appointments that they may wish to make. Mr. Bird moved that the agenda be modified to include ap- pointments to the Delray Beach Downtown Development Authority, the Human Relations Board and the Beautification Committee, these items to be taken as 22a, b and c, seconded by Mr. Jackel. Said motion passed unanimously. 22.a. Appointment - Downtown Development Authority. Mr. Bird moved that Jeff Hill be appointed to the unexpired term of Harry Newman of the Downtown Development Authority, seconded by Mr. Jackel. Said motion passed unanimously. 22.b. Appointment - Human Relations Committee. Mr. Jackel moved to appoint Jeff Thistle to replace Bob Chapin of the Human Relations Committee, seconded by Mr. Bird. Said motion passed unanimously. 22.c. Appointment - Beautification Committee. Mr. Bird moved to appoint Mrs. Glenna Crafts to replace Mrs. Hodges of the Beautification Committee, seconded by Mr. Jackel. Said motion passed unanimously. 23. Conditional Use, Site and Development Plan Approval - Ocean Gate. Council is to consider approving conditional use, site and development plan for Ocean Gate, located east of A1A, between Linton Boulevard, if extended east and the southern corporate limits of the City. This was approved unanimously by the Planning and Zoning Board subject to the following conditions: (1) City Engineer's memorandum of July 14, 1982; (2) That no more than a three to four foot dif- ferential be permitted between the first floor elevation of the eastern structure and the first floor elevation of the beach house; (3) That the eighteen surplus parking spaces shown above ground be reserved solely for the use of Bermuda High Beach and Tennis Club members; - 8 - 3/8/83 (4) That membership in the Bermuda High Beach and Tennis Club be restricted to the residents of Ocean Gate, Bermuda High West, and founder members of Bermuda High West; (5) That the development of the property is to be in accordance with the approved site and develop- ment plans re: Ocean Gate, Delray Beach, Flor- ida, prepared by Johnston Associates, Ar- chitects/ Planners, 211 Phipps Plaza, Palm Beach, FL 33480; Sheet No. 1 dated November 16, 1981, revised July 7, 1982; Sheet No. 2 dated June 1, 1982, revised February 17, 1983; Sheet No. 3 dated July 6, 1982, revised February 17, 1983; Sheet No. 4 dated June 7, 1982; Sheet No. 5 dated June 1, 1982; Sheet No. 6 dated June 1, 1982; and prepared by Mangus Nursery and Land- scape Co., Inc., 5472 Steiner Road, Boynton Beach, Florida; Sheet No. 1 dated February 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (6) That development of the project be completed within eighteen (18) months. Mike McDaniel, Planning Director, reported that this item was before Council at the last workshop at which time he indicated that the Planning and Zoning Board had unanimously recommended that this be approved subject to conditions stated in the attached memorandum. At the time there was some concern about the definition for a club. He has now scheduled a meeting with the Planning and Zoning Board and will be furnishing the City Attorney with a definition of "private club". Upon question by Mayor Young, Mr. McDaniel stated that this will be brought before the Planning and Zoning Board at their next meeting; however, he does not feel it will affect the conditional use, site and development plan as they are not approving Ocean Gate as a club but as a condominium. Mr. Perry moved to approve conditional use, site and devel- opment plan for Ocean Gate, seconded by Mr. Blair. Said motion passed unanimously. 24. Contract Bid for City Vehicles. Resolution No. 15-83, authorizing the Purchasing Administrator to proceed with price negotia- tions for the purchase of nine vehicles under State contract, with funding to come from 1982-83 budgeted funds, is before Council for consideration. Approval is recommended. The City Manager presented Resolution No. 15-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 2-36 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, DIREC- TING THE PURCHASING ADMINISTRATOR TO PROCEED WITH PRICE NEGOTIATIONS FOR THE PURCHASE OF NINE (9) VEHICLES FOR THE CITY OF DELRAY BEACH; PROVIDING FOR FUNDING. (Copy of Resolution No. 15-83 is on file in the official Resolution Book) The City Manager stated that this resolution is a technical- ity under the purchasing ordinances of the City to allow them to accept the previously bid State contract price. Mr. Bird moved for the adoption of Resolution No. 15-83, seconded by Mr. Perry. Said motion passed unanimously. 25. City Vehicles. Council is to consider approving the pur- chase of City vehicles. Mr. Perry moved to approve the purchase of City vehicles, seconded by Mr. Jackel. Said motion passed unanimously. - 9 - 3/8/83 Before roll call the City Manager stated that there has been one change in this contract since the last workshop which involves the Fire Department. They have downsized two of the vehicles which will be a saving of $800. Mr. Bird amended his motion to include the change, Mr. Perry amended his second. At this point the roll was called to the motion. 26. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of February 24,.1983. Council is to consider ratifying a contract for operation and maintenance of the SCRWTD Facil- ity between the SCRWTD Board and Envirotech Corporation. Action of the Board requires ratification of the Cities of Delray Beach and Boynton Beach. This was approved by the SCRWTD Board by a 7-2 vote (Mayor Trau- ger and James Warnke dissenting). Mr. Bird moved to ratify the contract, seconded by Mr. Blair. Said motion passed unanimously. 27. Force Main on Lake Ida Road. Change Order No. 2, increas- ing the contract price by Barile Excavating and Pipe-Line in the amount of $23,971.50 for a total net contract price of $391,950.50, is before Council for consideration. This change order covers additional instal- lation cost for 18" force main on Lake Ida Road, due to the conflict with future catch basins recently designed by Palm Beach County Engineer- ing Department, with funds to come from the 1979 Water and Sewer Bond Issue. Approval is recommended. The City Manager stated that both item 27 and 28 are re- imbursable through the EPA Grant; 75% of these costs will be reimbursed. Although it seems that item 27 is costing the City, he feels fortunate that the final engineering plans for the widening of Lake Ida Road were completed prior to the work starting. This way the City is avoiding future conflicts with the drainage program. Mr. Jackel stated, for the record, that although he will approve this change order, as it is needed, he does not consider Barile Excavating and Pipe-Line to be a good contractor. They have taken their time with this project and not completed some of the work that was supposed to have been done which has annoyed the residents in the area. Mr. Bird moved to approve Change Order No. 2, seconded by Mr. Jackel. Said motion passed unanimously. 28. Force Main on Lake Ida Road. Change Order No. 3, decreas- ing the contract price by Barile Excavating and Pipe-Line in the amount of $1,750.00 for a total net contract price of $390,200.50, is before Council for consideration. This change order covers reduced instal- lation cost for the 18" force main crossing Lake Ida Road and Congress Avenue. This is changed to avoid possible conflict with other buried pipelines. Approval is recommended. Mr. Blair moved to approve Change Order No. 3, seconded by Mr. Perry. Said motion passed unanimously. 29. Highland Beach Discussion. Council is to consider further proceedings relative to Highland Beach sewage rate matter. The Assistant City Attorney reported that he had a discus- sion with Mr. Sliney this morning who informed him that the City Admin- istration had been cooperative in providing the requested data to their consulting firm of Kent, Dresser and McGee and that the firm would have a report to the City Administration of Highland Beach by the end of the week. Upon question by Mayor Young as to whether there was any discussion relative to the monies due or the penalty which was supposed to be imposed, the Assistant City Attorney stated that that had not been discussed at the meeting. - 10 - 3/8/83 Mr. Bird moved that as a prerequisite to additional delay he would have to see the funds turned to an escrow account with the in- terest accrued to the City, seconded by Mr. Perry. Said motion passed unanimously. 30. Liaison between City Council and Internal Audit Committee. Council is to designate a Council Member as Liaison between City Council and Internal Audit Committee. Mr. Bird stated that he would like to comment on this item as he was not present at the last meeting to give his input. He stated that some of the most bitter statements he has heard in the past with regard to lack of cooperation were between the former Financial Advisory Board and the former Administration. It is probably more useful and desirable that Council take it upon themselves to each liaison with all of the City boards as frequently as possible. If they give preeminance to one board over another by assigning an individual, they are going to find themselves faced with other boards who perceive themselves as having some difficulty coming to Council. Mr. Bird moved that they not initiate a program of formally designating any Council Member as being the liaison to any City board, seconded by Mr. Jackel. Said motion passed unanimously. 32. Site and Development Plan Approval - Seagate Arms. Council is to consider approving the site and development for Seagate Arms, a proposed nine unit multiple family project, located at the northwest corner of Seagate Drive and Bucida Road. This was approved unanimously by the Planning and Zoning Board subject to the following conditions: (1) Assistant City Engineer's memorandum of February 10, 1983; (2) That a variance be obtained in accordance with the Acting Chief Building Official's memorandum of February 8, 1983; (3) That the development of this property be in accordance with the approved site and development plans re: Seagate Arms, Delray Beach, Florida, prepared by Robert G. Currie & Associates, 355 N.E. 5th Avenue, Suite 6, Delray Beach, FL 33444, Sheet Nos. 1, 2, and 3 dated February 4, 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (4) That development be completed within eighteen (18) months. Mr. Jackel referred to the memorandum from the Acting Chief Building Official to the Planning Director which states that he found that the plans did not meet the City code requirements and questioned why the applicant does not alter the plan so that it may be approved without having to seek a variance from the Board of Adjustment. Joel Barham, representing Robert G. Currie, stated that the site is unusual in its shape. ~en they submitted the plans they were informed that the only way they could keep them as they are, which they would prefer to do, would be to obtain a variance. Mr. McDaniel stated that in his opinion there is no reason why they cannot redesign the plans to comply with the City codes. He does not like to get involved in recommending something to be approved if it is greatly in violation of the City codes; however, in this partic- ular case it is not a major problem. Mr. Bird questioned why the Planning and Zoning Board unani- mously approved these plans knowing that the petitioner also had to go before the Board of Adjustment. Mr. Barham stated that the parking issue was brought up after the Planning and Zoning meeting. - 11 - 3/8/83 Mr. Bird suggested that any request which includes seeking relief from the Board of Adjustment be made a part of the Planning and Zoning Board's recommendation to Council. Mr. Bird moved to approve the site and development for Seagate Arms subject to it returning to Council if the Board of Adjust- ment does not grant relief, seconded by Mr. Blair. Said motion passed unanimously. Upon question by Mr. Bird, the Assistant City Attorney stated that it would only involve the consensus of Council to change the Planning and Zoning ordinances to require the inclusion of items which will require relief from the Board of Adjustment to be a part of their formal recommendation to Council. 33. Conditional Use - Professional Office Plaza for Acquilano. Council is to consider a request for an expansion of the permitted uses approved for the Professional Office Plaza for Acquilano, an existing 22,000 square foot professional office development, located west of South Federal Highway, between S.W. 10th Street and the Delray Mall. This was unanimously denied by the Planning and Zoning Board. Sam Acquilano, stated that he is having a problem with renting the office space in this building and is requesting that Council approve the expansion of permitted uses. He feels that the list of uses he has submitted are compatible to the area and does not understand why they were denied by the Planning and Zoning Board. Upon question by Mr. Bird, Doak Campbell, Planning and Zoning Board, stated that they had originally denied Mr. Acquilano's request because although the site was a general commercial district in the County, under the City's Land Use Plan the zoning was residential. Mr. Acquilano chose to develop his property within the confines of the County rather than the City. He later made an application and sub- sequently joined the City; at which time he was limited to professional uses for his offices. If you allow a general commercial use a great deal of South Federal Highway will be open to commercialism whereas they are now trying to confine it to residential family and professional office spaces. Mr. Bird moved to approve the expansion of the permitted uses for the Acquilano Professional Office Plaza, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - No; Mr. Jackel - No; Mr. Perry - No; Mayor Young - No. Said motion FAILED by a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated that this development, by being a County pocket, was one of the problems that the City lived with. In the view of Council at that time it was better to annex the property and reduce the amount of County pockets. To keep it from being something far less desirable, they made a concession and allowed it to become a profes- sional plaza. He questioned whether Council would well serve themselves if they allowed it to be a development that never became productive. For that reason he is prepared to accept the uses that are proposed; he would not like to see it become a motel or restaurant. Mr. Blair stated that he sees no hardship for Mr. Acquilano in keeping the development as a professional office plaza. He under- stands the economy is not very good but that does not mean the building will not become occupied; he would have to keep the list as it is. The City Manager stated that in looking over the list of additional uses there is one that concerns him; he would like a clar- ification of "household supplies". Mr. Acquilano stated that if this use causes Council any problems he would take it off the list. - 12 - 3/8/83 At this point the roll was called to the motion. 34. Pilot Cart Program. Council is to direct the Staff re- garding the roll-out pilot cart program in the northwest area. The City Manager stated that Council has been furnished an update of the survey which they requested be conducted in the northwest pilot cart area. There was a 62% response rate which shows a great deal of interest and input from the citizens. The carts are presently in an area which is not destined for that particular type of service under the contract document which Council approved. His question is whether they change the contract document or remove the carts and put them in an area where they do envision that service being provided. Upon question by Mr. Jackel, Mr. Bird stated that in view of the fact that they had surveyed everywhere else he thought maybe they ought to survey the northwest area also. One of the things that became apparent as they got further into the discussion of the contract was that the trash collection process of the City was going to change. Some of the people whose first reaction to the cart program was negative, once they found out that they would have to bundle their debris, thought that the cart would solve that problem. Mr. Jackel commented on the survey and questioned why they did not ask the citizens what their reaction to the carts would be if the cost was going to be more than they are presently paying. Mr. Perry moved that they maintain the carts in the north- west area and change the contract map, seconded by Mr. Jackel. Mr. Bird made a subsitutue motion to retain the pilot cart program in the northwest area until they receive back a bid and have some idea what the cost differential is, seconded by Mr. Jackel. Said motion passed unanimously. 35. Plumosa Park Restroom. Council is to consider authorizing execution of an agreement between the City and Architect Roy Simon for design and construction supervision for Plumosa Park restroom in the amount of $3,000.00, with funds available in the operating budget. Approval is recommended. The City Manager stated that this project has previously been approved and funded by the City; this is simply the next step to approve the contract with Roy Simon to design the restroom and supervise the construction. Mr. Perry moved to authorize execution of an agreement, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 9:40 P.M. City 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 8, 1983, which minutes were for- mally approved and adopted by the City Council on~~~,/~_f. City'Clerk - 13- 3/8/83 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. - 14 - 3/8/83