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09-28-82 SEPTEMBER 28, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Malcolm T. Bird in the Council Chambers at City Hall at 7:00 P.M., Tuesday, September 28, 1982. 1. Roll call showed: Present - Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Vice-Mayor Malcolm T. Bird Absent - Mayor Willard V. Young was absent due to illness. Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Monsignor J. William Lester of Seminary of St. Vincent De Paul. 3. The Pledge of Allegiance to the flag of the United States of A~erlca was given. 4. Mr. Blair moved for approval of the minutes of the regular meeting of September 14, 1982 and the special meeting of September 17, 1982, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mr. John Pitts, 1109 Beach Drive, commented on the proposed curbslde garbage pickup system which will soon be starting. The ques- tionnaire which was distributed to ask citizens if they would prefer this kind of pickup or back door pickup indicates, at least on the beach side of the City, that people do not want curbside pickup. He also stated that at this time of year when the tide is high the water comes back up through the drains and floods the streets. This has been going on since 1945 and he would like to see something done about it. He also stated that a friend of his received a nuisance notice that his lot is overgrown. He feels that while the City is inspecting these lots they should also inspect their own lots as there is a lot of grass growing up in the streets and sidewalks. 5.a.2. Mr. Modestino Cafaro, 1051 Orange Terrace, stated that when he purchased his apartment he was told he had two parking spaces; when he moved ~n he found only one. He would like to know how to go about correcting this problem. Vzce-Mayor Bird requested that the City Manager contact Mr. Cafaro to ascertain what happened and if there is an action that needs to be taken it can be brought back to Council. 5.a.3. Mrs. Anne Pitts, 1109 Beach Drive, commented on vision being obstructed at intersections within the City where people have allowed their hedges to grow very hzgh. She would like to know which department zs zn charge of seeing that these hedges are cut back. Vice-Mayor Bird stated that there is an ordinance relating to this and he suggested that the appropriate department commence en- forcing it. 5.b.1. Mr. Blair stated that he has had several calls from busi- nesses Zn Delray Beach relative to the change in the cost of City li- censes. He would like this brought to a Workshop meeting for discussion and a study on cost of equalizing the licenses. 5.b.2. Mr. Perry noted that Council has had many problems to over- come regarding this budget and he is pleased with the impressive re- sults. He outlined some of the changes and rate increases that have been implemented. 5.c. The City Attorney stated that Council has been furnished a copy of a warranty agreement between United States Pipe and Foundry Company, C.F.W. Construction Company and the City of Delray Beach. This agreement is intended to resolve a matter that has been pending for some time concernIng a contract for a force-main project. The City has held back the retainage on the contract because of problems with the pipe. An agreement has now been made between all the parties and he would like Council to authorize releasing the retainage to C.F.W. Construction Company in the amount of $52,778.72, subject to the following condi- tions: (1) that United States Pipe and Foundry Company and C.F.W. Con- struction Company sign the warranty agreement warranting the pipe that was installed for a twenty-five year period of time, prior to the funds being distributed, (2) that it is subject to E.P.A. granting approval of the warranty agreement and (3) that C.F.W. Construction Company execute a general release of the City relative to this contract. Mr. Blair moved to approve authorizing release of the retain- age, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.1. The City Manager requested that item 14 be removed from the consent agenda and added to the regular agenda and that item A.1. of the addendum be removed from the agenda. Mr. Jackel moved that item 17 be postponed until the next workshop meeting, seconded by Mr. Blair. Said motion passed unani- mously. 6. Mr. Blair moved to approve the agenda, with the exception of item 14 to be moved from the consent agenda to the regular agenda and the deletion of items 17 and A.i., seconded by Mr. Perry. Said motion passed unanimously. BUDGET CONSIDERATION 7. & 8. Prior to Second and Final Reading of Ordinance Nos. 69-82 and 70-82, the City Attorney explained that the City was notified in- directly this afternoon that Palm Beach County would not be holding their regularly scheduled Thursday meeting to discuss their budget but would have their hearing this evening. Florida Statutes, Chapter 200, requires that other taxing authorities other than School Boards and County's may not hold their public hearings at the same time as the County. However, he believes that a resolution of the problem has been reached. Council will do as is required by the City Charter this eve- nlng; have the ordinances read and hold the public hearings. The public hearings w~ll not be closed but will be kept open and a further continua- t~on of the hearing will be held on Saturday, October 2, 1982, at 10:00 7. Ordinance No. 69-82 - Levying a Tax Rate. Ordinance No. 69-82, relative to levying a tax on all properties within the City, 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. 69-82: AN ORDINANCE 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. The City Attorney read the ordinance in full. 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. - 2 - 9/28/82 Mr. Jackel moved to continue Ordinance No. 69-82 until 10:00 A.M., October 2, 1982, at City Hall in the Council Chambers, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 70-82 - Making Appropriations for the Budget. Ordinance No. 70-82, relative to making appropriations of sums of money for all necessary expenditures of the City from October 1, 1982, to September 30, 1983, 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 th~s time. The City Manager presented Ordinance No. 70-82: AN ORDINANCE 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 1ST DAY OF OCTO- BER, 1982, TO THE 30TH DAY OF SEPTEMBER, 1983; TO PRE- SCRIBE 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 ORDINANCE AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE TO THE EXTENT OF SUCH INCONSISTENCY. 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. Mr. Jackel moved to continue Ordinance No. 70-82 at 10:00 A.M., October 2, 1982, at City Hall in the Council Chambers, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 9. Ordinance No. 47-82 - Zoning Ordinance Amendment - Scrap Metal Recycling. Ordinance No. 47-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to scrap metal recycling, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 47-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-14 "LI (LIGHT INDUS- TRIAL) DISTRICT" (B) "PERMITTED USES" TO ALLOW SCRAP METAL RECYCLING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 47-82 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. Blair moved for adoption of Ordinance No. 47-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. - 3 - 9/28/82 10. Ordinance No. 48-82 - Zoning Ordinance Amendment - Control over Development of Commercial Zoning Districts. Ordinance No. 48-82, amending Chapter 30 "Zoning" of the Code of Ordinances that all develop- ments whose total floor area exceeds 5,000 square feet shall be subject to site and development plan approval, 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. 48-82: 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 30-11 GC (GENERAL COMMERCIAL) DISTRICT (B) "PERMITTED USES"; SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) "PERMITTED USES" AND SECTION 30-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) "PERMITTED USES" BY ADDING THE PHRASE "ALL DEVELOPMENTS WHOSE TOTAL FLOOR AREA EXCEEDS 5,000 SQUARE FEET SHALL BE SUBJECT TO SECTION 30-22 SITE AND DEVELOPMENT PLAN APPROVAL"; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A puDlic 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 adoption of Ordinance No. 48-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 11. Conditional Use Approval - Shuler's Memorial Chapel. Coun- cll is to consider a request for conditional use in a GC (General Com- mercial) District to allow an addition to an existing funeral home, located at the southwest corner of West Atlantic Avenue and S.W. 6th Avenue. This was approved by the Planning and Zoning Board by a 7 to 0 vote sub3ect to the following listed conditions: (1) That site improvements be completed in accord- ance with the following described plans re: Shuler's Memorial Chapel, Delray Beach, Florida, prepared by Toth-Rubsamen, 250 Royal Court, Del- ray Beach, Florida 33444, Sheets 1 and 2 dated July 16, 1982; all of which are incorporated by reference and upon which the City has relied in granting this approval; (2) That the improvements to the subject property be completed in accordance with the approved plans before the principal structure is occupied; (3) That all improvements be completed within twelve (12) months. 12. Conditional Use Approval - The Crossroads, Inc. Council is to consider a request for conditional use in a GC (General Commercial) Distr~ct to allow an existing structure to be used as a club facility, located at the southeast corner of N.E. 3rd Avenue and N.E. 3rd Street. This was approved by the Planning and Zoning Board by a 7 to 0 vote, subject to the following listed conditions. - 4 - 9/28/82 (1) That site improvements be completed within twelve (12) months. (2) That all site improvements be completed before the building is occupied and used as a club facility. (3) That site improvements be completed in accord- ance with the following described plans: Cross- roads, Inc. dated August 25, 1982, with the last revisions dated September 15, 1982, prepared by O'Brien, Suiter and O'Brien, Inc., 2601 N. Fed- eral Highway, Delray Beach, FL 33444. (4) That the use of the facility as a club be re- stricted to meetings of self-help groups such as Alcoholics Anonymous, Weight Watchers, Gamblers Anonymous, etc. (5) That alcoholic beverages and the use thereof be prohibited within this facility. (6) That club meetings be restricted to weekends and after 5:00 P.M. on weekdays. (7) That no more than 48 members meet in the club facility at any one time. 13. Conditional Use Approval - Medical Arts Building. Council is 'to consider a request for conditional use to allow the expansion of office uses in an existing structure to include all professional office occupations permitted in the RM-10 (Multiple Family) District. The subject property is located at the northwest corner of N.E. 8th Street and Andrews Avenue. This was approved by the Planning and Zoning Board by a 7 to 0 vote, subject to the following listed conditions: (1) That use of the subject property be limited to those professional office occupations as speci- fied at Sec. 30-7 "RM-10 Multiple Family Dwel- ling District" (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida; and (2) That the existing retail pharmacy be permitted to continue operations under a grandfather sta- tus, subject to Sec. 30-24 (E) "Non-Conforming Uses of Structures and Land" of the Code of Ordinances of the City of Delray Beach, Flor- ida. 15. Request for Solicitation of Funds - League of Women Voters of South Palm Beach County, Inc. Council is to condsider approving solIcitation of funds from November 8th through November 19, 1982. Approval is recommended. 16. Infiltration Investigation Report. Council is to consider approving and authorizing execution of infiltration investigation report for Russell & Axon to proceed with plans and specifications for the sewer system rehabilitation program in the amount of $12,640 with funds to come from the 1982-83 Water and Sewer Fund budget. Approval is recommended. 18. Wells 5W and 6W. Change Order No. 1, increasing the con- tract price by Meridith Corporation in the amount of $1,919.00 for a total net contract price of $217,926.50, is before Council for considera- tion. This change order covers the contract final quantities. Approval Ks recommended. 19. Nuisance Abatement. Resolution No. 100-82, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on four parcels, is before Council for consideration. - 5 - 9/28/82 The caption of Resolution No. 100-82 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 ASSES- SMENTS; 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. 100-82 is on file in the official Resolution Book) 20. Over-Under Broiler - Delra¥ Beach Country Club. Resolution No. 101-82, authorizing the award of a contract for the purchase of a commercial over-under broiler to the low bidder, Boynton Restaurant Supply, Inc. in the amount of $3,228.00 with funds to come from the 1982-83 operating budget, is before Council for consideration. Approval is recommended. The caption of Resolution No. 101-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE PURCHASE OF A COMMERCIAL OVER-UNDER BROILER FOR THE DELRAY BEACH COUN- TRY CLUB. (Copy of Resolution No. 101-82 is on file in the official Resolution Book) 21. Ten-Year Master Plan for Florida Atlantic University. Resolution No. 102-82, urging the Florida Board of Regents to approve the Ten-Year Master Plan for FAU, is before Council for consideration. Approval is recommended. The caption of Resolution No. 102-82 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH TO THE FLORIDA BOARD OF REGENTS URGING APPROVAL OF THE TEN-YEAR MASTER PLAN FOR FLORIDA ATLANTIC UNIVERSITY. (Copy of Resolution No. 102-82 is on file in the official Resolution Book) Mr. Blair moved for approval of the Consent Agenda, with the exception of items 14 and 17, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA Mr. Blair left the Council Chambers for the duration of Item 14. 14. Annexation, Conditional Use, Site and Development Plan Ap- proval - The Terraces at Centre Delray. Council is to consider a request for annexation, conditional use and site and development plan approval (SAD) to allow an office development, located south of German- town Road between Congress Avenue and S.W. 22nd Avenue. It is zoned AR (Agricultural Residential) in the County and contains 15.1 acres. This was approved by the Planning and Zoning Board by a 7 to 0 vote, subject to the following listed conditions: - 6 - 9/28/82 (1) City Engineer's memorandum of September 20, 1982. (2) City Horticulturist's memorandum of September 13, 1982. (3) Acting Chief Building Official's memorandum of September 9, 1982. (4) Acting Director of Public Utilities' memorandum of September 20, 1982. (5) That development be in accordance with the fol- lowing described plans: The Terraces at Centre Delray, Delray Beach, Florida, prepared by Smal- lwood, Reynolds, Stewart, Stewart and Associ- ates, Inc., Architects, One Piedmont Center, Suite 303, 3565 Piedmont Road, Atlanta, Georgia 30305, Sheet Nos. 2, 3, 4 and 5 dated August 23, 1982, and Sheet No. L-1 dated August 23, 1982; and prepared by Consulting Engineering and Sci- ence, Inc., 9300 South Dadeland Blvd., Suite 200, Miami, Florida 33156, Sheet Nos. C-2, C-3, and C-4 dated August 23, 1982 and Sheet No. C-1 dated August 23, 1982 with last revision of September 15, 1982; (6) That the Palm Beach County Board of County Com- missioners approve the City's annexation of the subject property; (7) That development be completed within eighteen (18) months. The City Manager explained the reason this item was removed ~rom the Consent Agenda is that it needs to be modified to remove the annexation. The recommended action is for conditional use, site and development plan approval subject to annexation. Mr. Perry moved to approve the conditional use and site and development plan, subject to annexation, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 3 to 0 vote. Mr. Blair returned to the Council Chambers at this time. 22. Use of Miller Field Complex. Council is to consider ap- proving and authorizing execution of an agreement between the City and The Baseball School, Inc. for use of Miller Field Complex for baseball training from December 12th through December 23, 1982 and from June 12th through August 27, 1983. Approval is recommended. Mr. Blair moved to approve and authorize execution of the agreement, seconded by Mr. Perry. Said motion passed unanimously. 23. Quit-Claim Deed - Lot 29, Block 1, Foxpointe (The Hamlet). Council is to consider a request that the City execute a quit-claim deed for 59 square feet of property at Lot 29, Block 1, Foxpointe which the owner asserts encroaches upon the existing right-of-way in the Foxpointe Subdivision. Mr. Blair moved to authorize execution of a quit-claim deed, seconded by Mr. Perry. Said motion passed unanimously. 24. Ordinance No. 62-82 - Changing the City's Land Use Plan Designation. Ordinance No. 62-82, relative to changing the City's Land Ose Plan Designation in the Comprehensive Plan for Lots 3, 4, 5 and 12, Platt's Acres, portions of Georgia Street, Gwenzel Avenue and Milfred Street, portions of Tracts 22 and 23 of Section 20, Model Land Company Subdivision from SF (Single Family) to I (Industrial), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 62-82: - 7 - 9/28/82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR LOTS 3, 4, 5 AND 12, PLATT'S ACRES, PORTIONS OF GEORGIA STREET, GWENZEL AVENUE AND MILFRED STREET; ALSO THE W½ OF TRACTS 22 AND 23 OF SW¼ OF SECTION 20, MODEL LAND COMPANY SUBDIVISION FROM SF-SINGLE FAMILY TO I-INDUSTRIAL, AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 62-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 25. Ordinance No. 63-82 - Changing the City's Land Use Plan Designation. Ordinance No. 63-82, relative to changing the City's Land Use Plan DesIgnation in the Comprehensive Plan for Lots 3 and 9, Esquire Subdivision from SF (Single Family) to C (Commercial), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 63-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR LOTS 3 AND 9, ESQUIRE SUBDIVISION, FROM SF-SINGLE FAMILY TO C-COMMERCIAL, AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 63-82 on F~rst Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 26. Ordinance No. 64-82 - Changing the City's Land Use Plan Designation. Ordinance No. 64-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Block A Ridgewood Heights, and portions of S.W. 7th Avenue, S.W. 6th Avenue and S.W. llth Street from SF (Single Family) to MF-10 (Multiple Family), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 64-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR BLOCK A RIDGEWOOD HEIGHTS, AND PORTIONS OF S.W. 7TH AVENUE, S.W. 6TH AVENUE AND S.W. llTH STREET FROM SF-SINGLE FAMILY TO MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE), AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 64-82 on F~rst Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor D~rd - Yes. Sa~d motion passed with a 4 to 0 vote. 27. Ordinance No. 65-82 - Changing the City's Land Use Plan Designation. Ordinance No. 65-82, relative to changing the City's Land Use Plan DesIgnation in the Comprehensive Plan for the NE¼ of Tract 6 of the SE¼ of Section 20 Model Land Company Subdivision from SF (Single Family) to MF-15 (Multiple Family), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 65-82: - 8 - 9/28/82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR THE NE¼ OF TRACT 6 OF THE SE¼ OF SECTION 20 MODEL LAND COMPANY SUBDIVISION FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS PER ACRE), AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 65-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bard - Yes. Said motion passed with a 4 to 0 vote. 28. Ordinance No. 66-82 - Chanqing the City's Land Use Plan Designation. Ordinance No. 66-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Sections 20 and 29, Township 46 South, Range 43 East from SF (Single Family) to MF-10 (Multiple Family), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 66-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO MF-10 MULTIPLE FAMILY (10 UNITS PER ACRE). SAID PROPERTY BEING IN SECTIONS 20 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ?~ICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 66-82 on F~rst Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bard - Yes. Sa~d motion passed with a 4 to 0 vote. 29. Ordinance No. 67-82 - Changing the City's Land Use Plan Des~nation. Ordinance No. 67-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Sections 20 and 29, Township 46 South, Range 43 East from SF (Single Family) to I (Industrial), is before Council for consideration on First Reading. The City Manager presented Ordinance No. 67-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO I-INDUSTRIAL. SAID PROPERTY BEING IN SECTIONS 20 AND 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~ICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 67-82 on F~rst Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bard - Yes. Said motion passed with a 4 to 0 vote. 30.· Ordinance No. 68-82 - Changing the City's Land Use Plan Designation. Ordinance No. 68-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located in Section 20, Township 46 South, Range 43 East from SF (Single Family) to MF-15 (Multiple Family), is before Council for consideration on First Reading. - 9 - 9/28/82 The City Manager presented Ordinance No. 68-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR THE SUBJECT PROPERTY FROM SF-SINGLE FAMILY TO MF-15 MULTIPLE FAMILY (15 UNITS PER ACRE). SAID PROPERTY BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH PROPERTY IS MORE PARTIC- ULARLY DESCRIBED IN THIS ORDINANCE, AND AMENDING THE LAND USE PLAN. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 68-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 31. Notice of Intent on Sewage Treatment Plant. Resolution No. 103-82, notifying the South Central Regional Wastewater Treatment and Disposal Board of the City's intention to terminate operation of the Sewage Treatment Plant as of January 1, 1983, is before Council for consideration. The City Manager presented Resolution No. 103-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, NOTIFYING THE SOUTH CENTRAL REGIONAL ~STEWATER TREATMENT AND DISPOSAL BOARD, THE ADMINIS- TRATIVE DIRECTOR OF SAID BOARD, AND THE CITY OF BOYNTON BEACH, FLORIDA, OF THE CITY OF DELRAY BEACH'S DECISION TO CEASE THE PERFORMANCE OF THE OPERATION OF THE BOARD'S REGIONAL FACILITY, EFFECTIVE AT 12:00 P.M. ON JANUARY 1, 1983, AND TO TERMINATE THE OPERATIONS AGREEMENT BETWEEN THE BOARD, THE CITY OF DELRAY BEACH, AND THE CITY OF BOYNTON BEACH; PROVIDING FOR FURTHER REQUESTING THAT SAID BOARD TAKE IMMEDIATE STEPS TO OPERATE SAID REGIONAL FACILITY OR TO CONTRACT OUT SUCH OPERATIONS ON OR BEFORE JANUARY 1, 1983; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 103-82 is on file in the official Resolution Book) Vice-Mayor Bird stated that it is his intention to call a special meeting of the Sewer Board in order to receive this communica- tion and establish whatever procedures the City intends to follow. Mr. Blair moved for the adoption of Resolution No. 103-82, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. 32. Insurance and Risk Management Services to the City. Coun- cil · s to consider approving and authorizing the award of a contract to A.J. Gallagher & Company for Program III as recommended by E.W. Siver & Associates, Inc., with funding to be provided from the City's self- insurance fund. Approval is recommended. Mr. Blair moved to authorize award of a contract to A.J. Gallagher & Company for Program III, seconded by Mr. Perry. Said motion passed unanimously. 33. Beach Performance Study. Council is to consider a change order increasing the beach performance study by Arthur V. Strock & Associates, Inc., in the amount of $10,000 for a total of $45,000 with funds to come from the Beach Restoration Fund. This change order will be made to the present contract and the project name revised to "Study and Report Phase - Engineering for 1984/85 Renourishment Project". Approval is recommended. - 10 - 9/28/82 Mr. Church, City Engineer, stated that the Beach Performance Study is the preliminary engineering for the 1984/85 Renourishment Project. The City has to annually monitor the beach and take profiles to determine how much erosion has taken place. They are modifying the study to include in this part of the preliminary engineering the pro- files of the beach. Mr. Blair moved to approve the change order, seconded by Mr. Jackel. Said motion passed unanimously. 34. Beach Cleaning Contract. Council is to consider approving and authorizing execution of a contract between the City and Universal Beach Services Corporation for beach cleaning and debris removal for three years commencing 15 days following execution of the agreement, in the amount of $25,000 per year with funds to come from the 1982-83 Dudget. Approval is recommended. Mr. Blair moved to authorize execution of the contract, seconded by Mr. Jackel. Said motion passed unanimously. A2. 1982/83 Fraternal Order of Police Contract. Council is to consider approving the 1982/83 FOP contract. Approval is recommended. Mr. Perry moved to approve the 1982/83 FOP contract, sec- onded by Mr. Jackel. Said motion passed unanimously. A3. Water Treatment Plant Operational Assistance. Council is to consider approving and authorizing execution of authorization between the City and Russell & Axon for design work, engineering during construc- tion and pro3ect representation for the Water Treatment Plant in the amount of $61,700. Funds are to come from the 1982-83 Water and Sewer budget. Approval is recommended. Mr. Perry moved to authorize execution of authorization, seconded by Mr. Jackel. Said motion passed unanimously. The City Manager suggested that item A6. be discussed and decided upon first and then return to items A4. and A5. Mr. Jackel moved to amend the agenda to discuss item A6. first then items A5 and A4, seconded by Mr. Perry. Said motion passed unanimously. A6. Contract for Expansion of City Hall. The City received D~ds on August 11, 1982 to extend the existing City Hall building and add a second floor. The low bid in the amount of $1,085,203 was submit- ted by Cox & Palmer Corporation of Ft. Lauderdale. Plans have been modified deleting certain site improvements and using block masonry for the exterior walls, as outlined in Change Order No. 1, dated September 28, 1982, reducing the contract amount by $191,214.00. The net amount for the expansion of City Hall is $893,989, w~th funds to come from the 1980 General Obligation Bond Issue. The City Attorney stated that the order of sequence he would l~ke to do is to first publicly declare that the bids received by the City of Delray Beach have officially expired, except that of Cox & Palmer Construction Corporation who have extended their bid and their bid bond until the end of September. Therefore, being no bids official- ly before the City other than that of Cox & Palmer he would recommend that Council adopt Resolution No. 104-82 which authorizes the City to conduct price negotiations relative to the City Hall construction and renovation and is retroactive to August 11, 1982. After Council adopts that resolution it is the City Management's recommendation that they authorIze acceptance of the negotiations and authorize executing a contract with Cox & Palmer to have the general construction, addition and alterations for City Hall. The contract amount is now modified from the original sum of $1,085,203 to the new amount with Change Order No. 1 of $893,989. Construction will begin immediately and completion date to be 365 days or September 28, 1983. - 11 - 9/28/82 The City Manager presented Resolution No. 104-82: 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, AUTHOR- IZING AND DIRECTING THE PURCHASING AGENT TO PROCEED WITH PRICE NEGOTIATIONS FOR THE CONSTRUCTION AND RENOVATION OF THE CITY HALL OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR AUTHORIZATION TO EXECUTE NECESSARY AGREE- MENTS; PROVIDING FOR FUNDING; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 104-82 is on file in the official Resolution Book) Mr. Blair moved for the adoption of Resolution No. 104-82, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Vice-Mayor Bird - Yes. Said motion passed with a 4 to 0 vote. Mr. Perry moved to authorize entering into a contract with Cox & Palmer Construction Corporation of Ft. Lauderdale, Florida, for the general construction, addition and alteration of Delray Beach City Hall. Original contract sum being $1,085,203 but with Change Order No. 1 the total contract price now being $893,989; funding to come from the 1980 General Obligation Bond Issue, seconded by Mr. Blair. Said motion passed unanimously. A5. Communications Study for City Hall. Council is to consider awarding a contract to the low bidder, Shaw Communications Consultant in the amount of $12,000 plus 50% of the refunds coming to the City for any previous overbilling. Funds are to come from the 1982-83 City Hall budget. Approval is recommended. The City Manager stated that this contract would (1) design a new telephone system for the new City Hall and (2) as part of the service, Mr. Shaw would analyze the recent bills to determine whether or not the City has been overcharged. Mr. Blair moved to award the contract to Shaw Communications Consultant, seconded by Mr. Perry. Said motion passed unanimously. A4. Rental of Temporary Trailers. Council is to consider renting four temporary trailers during construction of the addition to C~ty Hall with funds to come from the 1982-83 City Hall relocation budget. Approval is recommended. Mr. Blair moved to authorize rental of temporary trailers, seconded by Mr. Jackel. Said motion passed unanimously. The City Attorney stated, for the record, that regarding A6. the approval of the contract is subject to City Attorney approval of the contract documentation. · Vice-Mayor Bird declared the meeting adjourned at 8:15 P.M. // City Clerk ATTEST: MAYOR - 12 - 9/28/82 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 28, 1982 which minutes were formally approved and adopted by the City Council on /P_w~,/.~../~.2_. · -' ~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 13 - 9/28/82