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12-13-83 DLCEhBER 13, 1983 A regular meeting of the City Council of the City of belray Beach, Florida, was called to order by hayor Wlllard V. Young in the Council Chambers at City Hall at 7:02 P.~4., Tuesday, becember 13, 19S3. 1. Roll call showed: Present - Council 5~ember ~alcolm T. Bird Council ~ember Doak S. Campbell Council ~ember Arthur Jackel Council ~ember Edward L. Perry hayor Willard V. Young Absent - None Also present were - City ~ana9er William H. Law, ~r., and City Attorney Herbert W.A. Tniele. 2. The openin9 prayer was delivered by Rabbi bamuel b~lver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United ~tates America was given. 4. ~. Perry moved for approval of the minutes of the kegular Meetin9 of November 22, 1983, seconded by 5~. Bird. baid motion passed unanimously. 5.a.l'. 5~urice' Klin~er, 1050 Citrus Way, a~vised Council of a piece of property which is being offered for sale by Carteret Bank. He urgea Council to do everything they can to purchase this property. 5.a~2~. hatt~ Gracey Jr., 88 South Ocean Boulevard, advised that he had sent a letter this week to Council o~ferin9 for sale a house on South OceaD Boulevard. This piece of property lies between two owned parcels and he feels the City should consider purchasing it and making it part of the City inventory. 5.b.1. Mr. Bird stated that Council has been furnished a ~roposed agreement for water service outside the City. Bill %,allace's new car lot on Linton Boulevard was started and all o~ the preliminary wor~ done with the County. Until recently, as he had been led to believe that the property was not contiguous and could not be annexed until sonde date ~n the future. It now turns out the property could indeed be annexed. The benefit to the City would not occur until 1985 as it is too late now to annex the property before 1984. ~r. Bird moved that Council approve a water service agree- ment for outside the City, contingent upon 5~. Wallace annexin9 his property during the remainder of this fiscal year so that he would De able to continue his dewelopment under the County where ne ~as already done all the preliminary work; he would then brin9 the property in as an enhanced property to the City's tax roll, seconded by~ ~. Jackel. bai~ motion passed unanimously. 5'.b.2'. ~. Bird wished everyone a happy holiday and ho~ed that our universal wish for peace might come true next year. 5~c~.1% The City Attorney stated that Council has received a replace- ment contract between the City and the Solid ¥~aste Authority. AF- parently the Solid ~aste Authority and their bond counsel are workln9 under a time constraint relative to floating and the sale o£ their bonds. He has found some difficulties within the contract which he has sent to the Solid Waste Authority. However, in order to expedite t~e matter he would suggest that Council approve the replacement contract ~n concept subject to the satisfaction of the matters set forth in letter to 5~. Adams of December 7th. hr. Bird n~ved to approve the replacement contract as vised by the City Attorney, seconded by b~. Jackel. Said motion passed unanimously. 5~C'.2~ The City Attorney' advised he has received a request from ~. Bob Chapin on behalf of Tartan-Lavers Delray, Inc., to ask that Council authorize the entry into an agreement, which would constitute a partmal release of a unity of title, which currently exmsts unifying two parcels of property in the Lavers development which are currently in the P~-15 district. There are three concerns which he raised relative to grantin9 the release: (1) If the parcel was subdivided by the sale of the sn~aller parcel, it could be deemed to constitute makinG the other parcel non- conforming, as it increases its density; (2) there would be a problem in an enforcement and (3) the other remaining parcel would be made non- conforming because there would be a nu~lber of units now which woul~ not compute under the RM-15 density, b~. Chapin has submitted a partial release document, which they have reviewed, and it addresses the first two concerns. It proposes to put in a deed restriction in the con- veyance which would forever have a covenant running with the land sa~ing that the parcel that is conveyed would remain as is; the~ have also agreed to add a provision stating that that covenant enures to the benefit of both the City and the other unit owners so that the would not be forced to enforce deed restrictions Dy court action. 5~.~Bob Cha~in, attorney representing Tartan-Lavers Delrak Inc., advised that the unity of title must be released in order tor the purchasers of Lavers to buy 60 acres plus the clubhouse and tennis courts. In so doing he would like to give every assurance to the con- dominium owners and the City that the existin9 use will in no wa3 change. He stated that the contract addresses the City Attorney's ~irst two concerns; the third concern could be resolved by the City inmtiating a rezoning to SAD. ~r. Bird stated, as he understands it, the City Attorney's concern is that should they sever the two properties the exzstin9 con- dominium would become non-conforming as there would not De a sufficient amount of land mass for development at that density. Should a building, or a unit, within the building be over 50% destroyed it is entmrely possible that that owner might be preclude~ from takin9 the necessark action to refurbish his unit. That bein9 true it would tnen pose an economic hardship on the remaining unit owners. He feels this ms a substantial concern and a real possiblity. Mr. Chapin stated that, if you place deed restrictions or burden the clubhouse and tennis courts to be part of the lan~ Cor den- sity purposes, you would overcome the problen~ so that any unit which be damaged could be rebuilt. F~. Campbell stated that 91yen the situation he feels a unity of title is a difficult median to Ourden a condominium where ~ou anticipate sales to third parties. He feels the essence here ms that they combine two pieces of property for planning purposes so that mn confronting the issues of density, parking, recreation and open space one piece of property can utilize another piece of property ~or those necessary computations. He feels that unity o~ title ms the best way to deal with this but is not the appropriate way in dealin~ with con- dominiums; they could use other forms such as easements or restr~cte~ convenants. Mr. Bird questioned, if they go along with b~. Chapmn's request, under what currently existing ordmnance would the bumldzn9 Official be permitted to issue a permit to rebuild any damaged unit. ~. Bird asked the City Attorney if it would be hms mnter- pretation that by deed restrictions the Buildin90ffmcial would be on notice that any damaged unit could be rebuilt even though it was dan~age~ to an extent that otherwise it would not be refurbishable. ~ne Cmty Attorney stated that it does not solve it in his mind and he still has a problem as to how the City could guarantee any interest for that unmt owner by a deed restriction that is on another parcel of property. - 2 - 12/13/83 hr. Perry stated that even though there seems to be a rush on this item he would like to defer it to a special meeting. Re feels they should have more information and background on this matter before making any decisions. hr. Chapin stated that the problem is a very tecnnical one. He is aware that two of the three concerns stated by the City Attorney have been addressed; however, he does not have a 100% solution to the third one. He is requesting that Council approve this partial release, in concept, sub3ect to the City Attorney's approval. If it does not meet with his approval, then it will not go forward. hr. Perry stated it was indicated earlier that they could depend on deed restrictions to resolve this problem. He questioned how they could depend on deed restrictions when Council has no authority to enforce them. hr. Bird suggested that Council have a special meeting at some date later this month to try and resolve this matter. Hopefully by then ~. Chapin and the City Attorney w~ll be agreed and Council wall be better informed than they are tonight. hr. Bird moved that this item be delayed until sonde date this month at which time the hayor will call a special Council meetin9 to reconsider the issue. ~ayor Young advlsed that there is already a specaal ~eetin9 scheduled for the 21st of this month and the agenda could be amende~ to add this item. ~. Bird amended his motion to make the date t~e 21st oi December and add this item to the existing agenda, seconded by ~. Jackel. Said motion passed unanimously. 5.d'. The City hanager advised he had previously furnished Council a memorandum relative to the residency car~ procedure currently being used. At this time the cards are issued from the City Clerk's O~ice and the pictures are taken in the Community Center. He has suggested bringing the two together to make it more convenient for the public an~ is also recommending that the fee be estaDlashed at $5.00. 5~. Jackel stated he has no objection to raising the fee ~ it is justified. However, he feels they should seriously consa~er whether it is a hardship for citizens regarding the fact they must go to two separate places to 9et their cards and pictures. He also questione~ the advisability of changing the system at this particular time. Mr. Bird moved to authorize the change in charge to ~5.00, seconded by F~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; hr. Campbell - No; ~. Jackel - No; ~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call, Mayor Young questione~ the change an location. ~. Bird stated he feels this is an administrative ~unctioi~ and where the administrator chooses to put it is entarel~ up to nlm. At this point the roll was called to the motion. 6. ~. Jackel requested that item 12 be removed fron~ the Con- sent Agenda and made first item on the Regular Agenda. ~. Perry moved for approval of the agenda with the excep- tion of item 12 to be made first item on the Regular Agenda, seconde~ Dy Mr. Bird. Said motion passed unanimously. - 3 - 12/13/83 PUBLIC HEARING 7, OrdinanCe NO,~ 86-83' Friedes AnneXation~, Ordinance No. 86-83, relative to annexing a 2.79-acre parcel of land, subject to LI (Light Industrial) District, located at the northeast corner of the FEC Railroad 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. 86-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH , FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR TH~ RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR ZONING THEREOF. (Copy of Ordinance No. 86-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 86-83 on Second and FINAL Reading, seconded by ~. Jackel. Upon roll call Coun- cil voted as follows: M~. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 5 to 0 vote. CON SENT AGENDA Mr. Perry advised that apparently the Soap Box Derby which was held last year turned out to be the largest one in the United States and he feels this is something Delray Beach should be very pro'ud of. The City Attorney advised that the vote on item 8 should include a condition that they provide to the City the same lnsurance that they did last year; this is not reflected in the document and will be subject to form approval by the City Attorney's office. He further advised that items 17 and 18 will also be subject to City Attorney' review of the contract documents. The following items are to be considered by Council as the Consent Agenda: 8. soap BoX Derby. Council is to consider a request for the Goldcoast All American Soap Box Derby on Linton Boulevard Bridge on Saturday, June 30, 1984 (rain day - July lst). Approval is recommended. 9, RequeSt' fOr SOliCitation Of Funds'- Sherman Williams Unit No. 188, American Le~ion AuXiliary. Council is to consider approvin9 solicitation of funds on February 24 and February 25, 1984. Approval ms recommended. 10, ReZOnin~ Request - Northeast Corner-of the FEC RailrOad and '~inton Boulevard. Resolution No. 108-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from IL (Light Industrial) (County) to LI (Light Industrial) (City), is before Council for consideration. Approval is recommended. - 4 - 12/13/83 The caption of Resolution No. 108-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PER~iISSION FRO~i THE BOARD OF COUNTY COM~iI SSIONERS, PURSUANT TO FLORIDA STATUTE& 171. 062 TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH, FROM THE COUNTY ZONING CLASSIFICATION IL (LIGHT INDUSTRIAL) TO THE CITY'S CLASSIFICATION LI (LIGHT IN- DUSTRIAL) DISTRICT. (Copy of Resolution No. 108-83 is on file in the official Resolution Book) 11'. Rezoning ReqUeSt -' Southeast Corner of N.W. 7th Street and N~W'.' 5th' Avenue', Resolution No. 109-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from (Residential Single Family) (County) to R-1AA (&ingle Family Dwelling) District (City) , is before Council for consideration. Approval recommended. The caption of Resolution No. 109-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROh THE BOARD OF COUNTY COMPri SSIONER$, PURSUANT TO FLORIDA STATUTES 171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DEL~AY BEACH , FRO~ THE COUNTY ZONING CLASSIFICATION RS (RESI- DENTIAL SINGLE FAMILY) TO THE CITY'S ZONING CLASSIFICA- TION R-1AA (SINGLE FAhILY DWELLING) DISTRICT. (Copy of Resolution No. 109-83 is on file in the o~ficlal Resolution Book) 13, City Hall janitorial~ Services, Council is to consider an award of a contract to the low bidder, Action Kleen Building' Service to wash the outside windows of City Hall once a month for an annual charge of $540. Funds are to come from the Repairs and Upkeep-Building, City Hall Account. Approval is recommended. 14'. RenOvation ~ ~]iller park Little LeagUe Field. Council is to consider an award of a contract to Stan Cruse and Associates, sole source, to place Tifway "419" Bermuda sod after floating proDect to grade level in the amount of $11,550, with funds to come from the hiller Park Operating Budget. Approval is recommended. 15. Delray Affair. Council is to consider approval and endorse- ment of the Delray Affair to be held April 27, 28 and 29, 1984. 16. street' Swee~er and Front End UnlOader. Council is to consider an award of a contract to H.F. hason Equipment Corporation, the low responsible bidder, in the amount of $56,872, with funds to come from the 1983/84 budget. Approval is recommended. 17'. S,~'. 17th' Avenue Realignment. Council is to consider an award of a contract to realign S.W. 17th Avenue between $.W. 6th Street and S.W. 7th Street to the low bidder, Hardrives, Inc., in the amount $22,855, with funds to come from the 1982/83 budget. Approval is recom- mended. 18. Intersection Improvements'- HomeWood BOuleVard at LoWSon BOulevard. Council is to consider an award of a contract ~or the intersection improvements to the low responsible bidder, Hardr~ves, Inc., in the amount of $29,865, with $18,000 from the developer o~ Lago Del Rey and $11,865 from the 1982/83 budget. Approval is recommended. ~. Bird moved for approval of the Consent Agenda, with the exception of item 12, seconded by Mr. Perry. Said motion passe~ unan- imous ly. - 5 - 12/13/83 REGULAR AGENDA 12% site'Plan ApproValS-' pelican Harbor. Council is to con- sider a request for site plan approval for Pelican Harbor, a planned residential development approved for 203 multiple and single family units. The requested modification consists of increasin9 the number of units to 255, redesigning the site layout, and placing multi-family units in apartments rather than townhouses. The property is located east of Federal Highway, between the C-15 Canal and Tropic Isle Drive. This was approved 6-0 by the Plannin9 and Zoning Board, subject to the following conditions: (1) That this project be platted; (2) Director of Public Utilities' memorandum November 16, 1983; (3) That the fire hydrant at Bosun Way be relocated at time of platting as specified by the Fire harshal in his annotation to the site plan dated December 5, 1983; (4) That improvements to this pro~ect be completed in accordance with the approved site plans; (5) That the time limitation of this approval pur- suant to Sec. 30-22(~) of the Zonin9 Code be two years; (6) That the pool and tennis courts be completed within nine months of this approval and be conveyed along with Carey Drive to the ap- propriate homeowners associations; and (7) That this project not be restricted to any' particular age group. Mi~hael'Botos, attorney representing Pelican Harbor, stated that the modified site plan, which is before Council for approval, has not only been approved unanimously by the Planning and Zonin9 Board, it has also been approved by a majority of the homeowners in Pelican Har- bor. Upon question by ~. Campbell, hr. ~icDaniel, Planner, stated that this increase of units is well within the allowable density o~ the districts in which the project is located; the total number of allowable units within this district is 274. ~. Jackel advised he asked for this item to be removed from the Consent Agenda to find out if any of the homeowners had any objec- tions to this modification. Mr. Perry moved to approve the site plan for Pelican Harbor, seconded by 5~. Jackel. Said motion passed unanimously. Before roll call, Mr.RObert Dittman stated that throug~ negotiations with the developer of Pelican Harbor and the Ad Hoc Pelican Harbor Homeowners Association they have come to a compromise which is reflected in the agreements. Execution of these a~reements will be a condition to the developer's utilization of the site plan approval. At this point the roll was called to the motion. Mayor Young declared a recess the time being 7:57 The meeting was reconvened the time being 7:59 P.h. RezOnin~ - Rainberr~' EStates~ Council is to consider a request for rezoning of a 23.81-acre parcel in Rainberry ~states from R-iAAA (Single Family Dwelling) District to R-1AA (Single Family Dwel- ling) District. The property is located west of Davis Road, between Lone Pine Road and Rainberry Bay. The Planning and Zoning Board voted 4-2, (Bridges and Carey dissenting) to recommend denial. - 6 - 12/13/83 F~. ~cDaniel stated this request has been submitted by the property owners, Kirk Sullivan and Jack borson, to rezone a 23-acre parcel of land from R-1AAA to R-1AA. The reasons for recommending denial were (1) the requested rezoning represented an increase in den- sity and (2) the Planning and Zoning Board did not feel that rezonlng this property would serve as an effective buffer between the kainDerry Bay development on the south and the Lone Pine development on the north. He advised that the difference between R-iAAA and R-1AA is basically a matter of lot size; in R-1AAA the minimum size lot is 12,500 square feet and in R-1AA the minimum size lot is 9,500 square feet. There would also be a difference in the size of the home. F~. Perry moved that as this item does not have enough background information he would like to defer it to a workshop meeting, seconded by ~. Campbell. Said motion passed unanimously. Before roll call the following discussion was had: hiChael' ~orton, representing the petitioner, outlined the zoning of the surrounding properties to Rainberry Estates. He stated they have not received any dissention from the owners of an3 other surrounding areas except Lone Pine Estates which is presently in the County. The petitioners feel that an R-1AA zoning would not ~evalue or detract from the existing residences but would in fact put the property in a position where it could be economically feasible to develop. The City Attorney stated there is a motion on the floor to postpone this item. He suggested that Council may wish to direct the inquiries as to that motion first. If Council is inclined to approve the project it would have to come back to the agenda under an ordinance which would have a public hearin9 on second reading. Ned' codaSh, 2905 N.W. 14th Street, stated that he lives on the north part of Rainberry Bay which is contiguous to the Rainberry Estates property line. He advised that he would rather see homes joining his property than an empty parcel of land which provides no tax base at all. Jack Dors~n, owner of Rainberry ~states, stated he would accept a conditional approval that if they do not start developin9 within a reasonable period Council could revert their decision. JimNowlin, 3860 Lone Pine Road, stated that the residents of Lone Pine Estates had always been led to believe that the original plan for this parcel of land was to develop it into one-acre tracts. It was later decided to develop ½-acre tracts which would still provide a buffer to Lone Pine Estates; R-1AA zoning would not provide for tae kind of buffer they would like to see there. At this point the roll was called to the motion. ~ayor Young declared a recess the time being 8:33 P.~. The meeting was reconvened the time being 8:37 P.h. 20~ Employment of'City ~ana~er JameS Pennin~ton. Council is to Set appropriate terms and conditions for employment of City hanager James Pennington. Mr. Bird moved that 5~. Pennington be employed by the Cit3 under terms and conditions as set forth in hayor Youn9's memorandum to Council with his annual salary to commence on January 16, 1984 at $46,000 a year, to be increased on the six month anniversary of that employment to $47,000, seconded by ~. Perry. Said motion passed unan- imously. - 7 - 12/13/83 21% Parkin~kAreas~- Beach Front. The City Manager stated that he had assumed some time back, because of the complexity of the issues in the memorandum from the City Attorney, that there would not be any immediate action on acquiring some property on bond issues prior to Proposition #1. However, he feels Council may wish to consider some additional parcels for thinking pur- poses. The City currently has two parking areas in the south end of the City and in both situations does not own all the property to the street. In the case of Sandoway Park, the City owns property on each side of privately owned land and it was thought that by acquiring those parcels the City could augment the parking if they were to use a portion of that property for the fire station site. The existing fire station site could then be used for parking on the north end of the City where the problem is more critical. In addition, there is also a parcel o~ prop- erty at the corner of hiramar and Venetian, which was acquired in a bond issue, and was intended to be used for a fire station. He suggested that if Council wished to dispose of that property it would bring a handsome price and could be used as an offset to acquiring additional parking nearer to the beach. Mr. Church, Director of Public Works, presented a zelar showing the various parcels of property which might be involved and listing their measurements and assessed valuations. ~. Bird stated he feels that, in a year where there are going to be three elections, Council may be well advised to try to put together some straw ballot questions for harch and take formal action, if it is determined to be appropriate, in September. He feels they should have some citizen input before they start spending money and also determine which properties, in the minds of the citizens, are the most valuable. He suggested that they try and put some of the parcels to- gether as questions to be placed on a straw ballot. ~S~ Elizabeth' hatthewS, 1024 White Drive, questioned whe- ther the privately owned properties, which were mentioned earlier, should be placed in a package for discussion. She feels there should be some discretion as a courtesy towards them, particularly when they do not know the City is interested in their land. She also questioned whether or not the property which was acquired by bond issue for the fire station could be disposed of or used for anything other than a fire station. The City Attorney advised he would have to look at the bond issue to see if there were any such restrictions. hrs. Matthews stated that if there were no such restrictions she feels Council should consider using that parcel as parking for the business community. Mr. Perry stated that there is a parcel of property at 222 North Ocean Boulevard and he questioned whether anyone has cons~dere~ this as to availability. He also questioned why the City has not looked to building a fire station on the property at hiramar and Venetian. ?ne present fire station on Andrews Avenue has recently had the roof re- paired and it has been found the building is structurally unsound be- cause of rot. He feels that to redo the building would almost be as costly as building a new one. hr. Campbell stated that they are getting into areas which are more germane to a workshop and suggested that they postpone this item and place it on a workshop and obtain more information. 5~. Gracey stated he feels it is an imperative action that Council at least give some consideration to acquiring as much beach frontage as possible. Mr. Bird stated that several years ago Council started a fund whereby they sold off surplus City properties and used the monies to acquire other parcels of property which were more desirable and usable. Unfortunately, the majority of that fund is expended at th~s time. - 8 - 12/13/83 Mr. Jackel stated this discussion tonight was basically intended to get Council's approval as to the concept of purchasing parcels of property. If Council decides that is what they want they could start lookin9 into the possibilities. He stated he agrees with Mr. Bird's comments that this should be placed on the ~rch ballot as a straw poll and find out how the citizens feel. Mr. Bird suggested that they instruct staff to put these proposed property acquisitions in some sort of format which will include not only an anticipated acquisition price but a cost of the improvement of the property to make it usable for whatever it is Council determines to use it for. That would then give Council an item which a taxpayer can look at and decide whether it is worth it to them to have parkin9 spaces on the beach at a modest cost. He also suggested that the City Attorney review the bond covenants of the fire station site on hiran~ar and Venetian as this may also be an alternative. These lists could then be brought back to Council, discussed and a decision made as to which ones could become straw ballot items. ~r. Perry stated that he feels the City Attorney has some reservations as to the ability of making parking lots for citizens o~ De lray only and he questioned whether by January 3rd the City Attorney could resolve them. The City Attorney replied he does not feel that would be a realistic date but hopefully would only take a couple o~ months. Mr'.~ sam $ChWimer questioned what the fee will be for the beach parking permit holders after they have found out all the various costs invOlved. Mayor Young advised that they will not know this information until they do have all the relative information. ~r. Bird stated there is a side issue; can Council word the straw ballot question so that if they are denied the authority to have citizen only parking the question would die automatically. He ~eels it is one thing to ask the citizens how much are they willing to tax tnen~- selves in order to have parking for residents onl~ and another to ask them whether they are willing to tax themselves to build more parking lots which are going to have meters. It was the consensus of Council to have this item placed on the workshop agenda on January 3, 1984. 22~. Librar~c~nstruction Grant. Council is to consider au- thorizing execution of an agreement between the City and Division of Library Services, Florida Department of State relative to the l~brary construction grant. The City Manager advised that the action to be taken on this item should be a motion on the part of Council to authorize hayor Young to execute the agreement. Mr. Perry moved to authorize ~,~yor Young to execute the agreement, seconded by ~. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: The City Attorney advised there has been a change between the time Council adopted the Resolution endorsing the grant application and now. Prior to this time the Library Association was essentially the applicant and the City was the sponsor. However, in the agreement which is before them the City will enter into the agreement with the State an~ not the Library Association. There are a number of strings attached relative to compliance with various codes of regulations which the C~ty is guaranteeing will be complied with, not only in the construction but thereafter. He has been unable to locate anything which would ~ndicate that the City and the Library Association have ever agreed formally that they will, on our behalf, see to compliance with those restrictions. ~e feels that if Council agrees they are going to be the underlying guar- antor of this they should also enter into some kind of agreement with the Library Association wherein they formally take over responsibility. - 9 - 12/13/83 Mrs.'Otto, member of the Library Association, stated that Council can be assured that the Library will certainly be willin9 to cooperate fully and undertake any of the requirements on behalf of the City, with the City overseeing what they do. Mr. Bird suggested that they amend the motion to authorize the ~ayor to execute the agreement and instruct the City Attorneys to draft an agreement which would be satisfactory to the Board and the City Council and then have it ratified by the Library Board. Mr. Perry amended his motion, Mr. Jackel amended his second. At this point the roll was called to the motion. 23, Review~f A~raisal Re~O~t of the Richard Blpck Pro,ertl. Council is to consider authorizing acknowledgement of the .87-acre tract of land donated to the City by Richard Block at an appraised value of $265,000. Mr. Bird moved to accept the property and acknowledge the gift at an appraised value of $265,000, seconded by ~. Perry. Said motion passed unanimously. Water Treatment~ Plant Chemical Improvements. Council is to consider award of a contract for the Water Treatment Plant chemical improvements. The City hanager stated they are recommending Council award the contract to Intercounty in the amount of $109,700.00. Intercounty was not the low bidder, however, the low bidder was not responsive in that there were serious questions about his financial capability. Mr. Perry moved to award the contract to Intercounty, sec- onded by ~. Jackel. The City Attorney advised that Council should first make a motion to reject the low financial bidder and in con]unction with that award the contract to the second low bidder under the assumption that they deemed the first low bidder not to be responsible. ~. Perry withdrew his motion. ~. Perry amended his motion as advised by the City Attor- ney, seconded by 5~. Bird. Said ~tion passed unanimously. 25~. ~oWer/T~actor~'Delra~ Beach~Country Club. Council is to consider the award of a contract for a mower/tractor for the De lray Beach Country Club. The City ~anager and Golf Course 5~anager recommend the contract be awarded to DeBra Turf in the amount of $28,364, with funds to come from the fire replacement reserve. Ray~ R~sSell, representing Hector Turf and Garden, stated that his company.was the low bidder and they feel they met the specifica- tions 100%. He questioned whether or not his company was the low bidder and did they meet the specifications. The City 5~anager stated that as indicated in the memorandum furnished Council there was a price differential between the two units. However, they would still recommend that they purchase the Jacobson F-10 Tractor/5~ower due to familiarity of the operation, handling and the interchangeability of parts. Upon question by ~. Bird, the City Attorney advised that Council has the right to reject all the bids, ~or any reason, as long as they can indicate factual differences which they deem to be sufficlent in their own minds. 5~. Bird moved to reject the low bidder and issue the con- tract to DeBra in the amount of $28,364.00, for the reasons as set ~orth in the City Manager's memorandum of December 7, 1983 - Subject: Tractor/ Mower for Delray Beach Country Club, seconded by ~. Perry. Said motion passed unanimously. - 10 - 12/13/83 26~ ~ity'Hall' FUrnitUre. Council is to consider award of bids for City Hall furniture to four vendors in the amount of $48,212.53, with funds to come from the $50,000 discussed by Council at the ~eptem- ber 20th workshop. The City 5]anager stated the Administration is recommending that Council award the contracts for the items listed in the memorandum. ~. Bird moved to award the contract, seconded by hr. Perry. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by ~. Perry, the City hanager stated that the room dividers listed do have the capability to pull electrical cords through them and that the items listed on the memorandum are what we absolutely need. ~. Jackel stated that he is not sure in his own mind that all these items are justified. He would like to see this item postponea for at least a month until the new City Manager starts and let him give his opinion as to what is needed. Mr. Bird stated that he is not sure that City Hall furniture will be a priority item when ~. Pennington arrives. He feels t~at the list has been pared down and a responsible effort made to buy usable furniture. Mr. Campbell requested that the City ~anager look into the possibility of providing a very rudimentary form of public bench in the lobby. At this point the roll was called to the motion. 27~. C~tY'Hall JanitOrial ~erViceS. Council is to consider the award of a contract to the low bidder, Sunshine Cleaning Systems, ~n the amount of $12,540 per year for City Hall janitorial services, with fun~s to come from the City Hall fund. Approval is recommended. The City hanager stated that there would be a savings bk virtue of going to private contract if Council assumes the total cost o~ providing the service. He feels this is a very worthwhile proposal and further stated that the people in .the present janitorial service would be transferred elsewhere. Mr. Bird moved to award the contract to ~unshlne Cleaning Systems in the amount of $12,540, sub3ect to approval of the contract by the City Attorney's office, seconded by 5~. Perry. Said motion passed unanimously. Before roll call, Mrs. ~]atthews questioned whether gettin9 the front doors cleaned each day is included in 3anitorial services. She feels it reflects badly upon the City to have the front doors always so dirty. At this point the roll was called to the motion. 28~. Ordinance NO. 88~83~- Wiebelt Annexation. Ordinance No. 88-83, relative to annexing a 0.853-acre parcel of land sub3ect to R~]-15 (~]ultiple Family Dwelling) District, located east of Federal Highway, between Tropic Boulevard and La,at Avenue, is be~ore Council for con- sideration on First Reading. If passed, Public Hearing will be held on January 10, 1984. - 11 - 12/13/83 The City Manager presented Ordinance No. 88-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF LOTS 34 THROUGH 44, INCLUSIVE OF SLOCK 36, PLUS THE SOUTH 48 FEET OF AVENUE C LYING ADJACENT ?0 SAID LOTs VACATED BY OFFICIAL RECORD 1765, PAGE 547, ALL ~.ING A PORTION OF DEL RATON PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PaL~ BEAC/q COUNTY, FLORIDA, WHICH LAND I$ CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDIN~ FOR T~b RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. 5~. Perry moved for the adoption of Ordinance No. 8~-S3 on First Reading, seconded by ~. Jackel. Upon roll call Council voted as follows: 5~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - Yes; ~. Perry - Yes; F~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 29', O~dinance NO~ 89~83 ~ Wiebelt Annexation, Ordinance No. 89---83, relative to annexing a 2.702-acre parcel of land subject to SC (Specialized Commercial) , located east of Federal Highway, between Tropic Boulevard and La~at Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 10, 1984. The City Manager presented Ordinance No. 89-83: AN ORDINANCE OF THE CITY COUNCIL OF T~E CItY OF D~LRAY BEACH, FLORIDA, ANNEXING TO ?HE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 46 SQUTH, RANGE 43 EAST, BEING MORE FULLY DESCRIBED BELOW, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIhITS OF SAID CITY; PROVIDING FOR THE RIGHTS AND OBLIGA?IONS OF SAID LAND; PROVIDING FOR THE ZONING ?HEREOF. The City Attorney read the caption of the ordinance. ~. Bird moved for the adoption of Ordinance [~o. 89-83 on First Reading, seconded by ~r. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; ~¢~. Campbell - Yes; ~. JacKel - Yes; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 5 to 0 vote. 5~ayor Young declared the meetin9 adDourned at 9:50 P.~. · ~ City Clerk ATTEST: hA YO R The undersigned is the City Clerk of the City of belray Beach and that the information provided herein is the minutes of the meeting of said City Council of December 13, 1983, which minutes were formally approved and adopted by the C~ty Council on ~"/~ /F~ · City Clerk NOTE~ TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of Cit~ 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. - 12 - 12/13/~3