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11-23-82 NOVEMBER 23, 1982 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, November 23, 1982. 1. Roll call showed: Present - 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by the City Manager. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Jackel moved for approval of the minutes of the regular meeting of November 9, 1982, seconded by Mr. Blair. Said motion passed unanimously. 5.a.1. Mr. Steve Thayer, 905 S.E. 4th Avenue, stated that recently he has had a problem with the City not picking up his garbage. He built a wooden garbage container which has been in use for five months and asked why, within the last month, has the City refused to collect the garbage. The City Manager stated that if Mr. Thayer will provide him with his telephone number he will contact him and look into the situ- ation. 5.a.2. Mr. Ken Jacobson, Architect, stated that a month ago Mrs. Martin Brown spoke before Council regarding the rain coming down 5th Street to the canal. He is here tonight to get a status report and find out if anything has been done. The City Manager stated that Mr. Church's office is looking into this matter and when their report is ready it will come before Council for a recommendation. 5.a.3. Mr. Stanley Watski, 709 N.W. 26th Avenue, requested that the City look into providing sidewalks along Lake Ida Road and Military Trail so that people may be able to walk to the shopping centers and Atlantic Avenue. 5.b. There were no Non-Agenda items by Council. 5.c.1. The City Attorney stated that Council has been furnished a copy of a proposed agreement between the City of Delray Beach, Walsh Sales Corporation and Ocean Properties Limited. The agreement provides for allowing a corporation to make use of a portion of City property for a couple of weeks in order that they can facilitate construction of their job site. In return they are willing to modify and repair the parking lot that they are going to be using. The Administration recom- mends approval of the agreement. Mr. Blair moved to approve the agreement, seconded by Mr. Jackel. Said motion passed unanimously. 5.c.2. The City Attorney stated that his second item is relative to item 26. He is requesting that Council not only authorize retaining engineering services and fiscal agent services but also retain the New York Bond Counsel Law Firm. He feels it would be appropriate to discuss this after item 26 and make it 26a. 5.d. There were no Non-Agenda items by the City Manager. 6. Mr. Blair requested that item 15 be removed from the consent agenda and added to the regular agenda as item 12a as it is in conjunc- tion with items 11 and 12. Mr. Jackel moved for agenda approval with the addition of item 26a and the removal of item 15 from the consent agenda and made item 12a of the regular agenda, seconded by Mr. Perry. Said motion passed unanimously. 7. Mayor Young presented City Service Awards to Michael Christ- ensen and Phyllis Plume for their service to the City as members of the Planning & Zoning Board. 7.a. Mayor Young introduced Mr. Steve Press, newly elected Rep- resentative for District 86, and thanked him for his attendance at tonight's Council meeting. Mr. Steve Press acknowledged Mayor Young's introduction. He stated that he will soon be opening his office in Delray Beach and is looking forward to working with the City for the next two years. EARLY CONSIDERATION 8. Appointment of Person to Serve Unexpired Portion of Term of Council Member Malcolm Bird. Council is to consider the appointment of a person to the unexpired portion of the term of Council Member Malcolm Bird. Mr. Blair moved to appoint Malcolm Bird as Council Member and Vice-Mayor, seconded by Mr. Jackel. Said motion passed unanimously. Council Member-elect Malcolm T. Bird subscribed to the Oath of Office administered by Elizabeth Arnau, City Clerk. PUBLIC HEARING 9. Ordinance No. 71-82 - Zoning Ordinance Amendment - Pawn Shops. Ordinance No. 71-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to pawn shops, 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. 71-82: 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 (C) "CONDITIONAL USES" AND SECTION 30-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (C) "CONDITIONAL USES" TO ALLOW PAWN SHOPS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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. Mrs. Elizabeth Matthews, 1024 White Drive, stated that she cannot see any reason for adding pawn shops to the list of conditional uses. Although a conditional use is a factor that gives the City some control, why should something that is going to need control be added when there is no particular need for it in the community. - 2 - 11/23/82 The public hearing was closed. The City Manager stated that Council considered this same ordinance amendment several months ago and referred it back to the Planning and Zoning Board for their consideration and input from the Police Department. Chief Kilgore appeared before the Planning and Zoning Board and stated that he would prefer to have a pawn shop within the City limits where it could be controlled and licensed properly as a pawn shop than outside the City limits where the Police Department would have less control. Mr. Perry moved for adoption of Ordinance No. 71-82 on Second and FINAL Reading, seconded by Mr. Blair. Mr. Jackel stated that he agrees with Mrs. Matthews state- ment. He feels pawn shops are eye-sores, will increase the sale of guns and the City could be inviting something that they will regret later. Mr. Bird stated that if you have a conditional use, unless you have an unusual set of circumstances which would permit you to preclude one individual from getting a license, are you not required to accept everyone. Mr. Doak Campbell, Chairman of the Planning and Zoning Board, stated that if you have several applications and they all meet the same criteria then you would have to accept them, regardless of location. Mr. Bird added that he appreciates the concern of the Police Department, but he cannot see that the ordinance as constructed would grant to the Planning and Zoning Board a legitimate amount of control to regulate the numbers or placement of pawn shops. Mr. Perry stated that when this ordinance was first consid- ered it was to try and bring Mr. Taylor, who owns a pawn shop, out of a non-conforming use into a conforming use. Mr. Bird questioned whether it was the consensus of Council to grant relief to Mr. Taylor without opening the door and allowing a broad use of pawn shops. Mr. Bird moved to table the item, refer it back to the City Attorney and have it brought back to Council at the next workshop meet- ing with his recommendations on how to approach both sides of the prob- lem, seconded by Mr. Blair. Said motion passed unanimously. 10. Ordinance No. 81-82 - Changing the City's Land Use Plan Designation. Ordinance No. 81-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lot 4, Esquire Sub- division from SF (Single Family) to I (Industrial), 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. 81-82: 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 4, ESQUIRE SUB- DIVISION, OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM SF-SINGLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-82 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. - 3 - 11/23/82 Mr. Bird moved for adoption of Ordinance No. 81-82 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. Mr. Blair left the Council Chambers for the duration of Items 11, 12 and 12a. due to conflict of interest. 11. Ordinance No. 82-82 - Blair Annexation. Ordinance No. 82-82, relative to annexing a parcel of land located south of Germantown Road between Congress Avenue and S.W. 22nd Avenue, subject to SAD (Spe- cial Activities District), 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. 82-82: 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 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 82-82 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. Jackel moved for adoption of Ordinance No. 82-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 83-82 - Blair Rezoning. Ordinance No. 83-82, relative to rezoning to SAD (Special Activities District), conditional use and site and development plan approval, is before Council for consid- eration on Second and FINAL Reading. The property is located south of Germantown Road between Congress Avenue and S.W. 22nd Avenue. 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. 83-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED AR (AGRICULTURAL) UNDER COUNTY ZONING REGU- LATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING 15.1 ACRES, LOCATED SOUTH OF GERMANTOWN ROAD, BETWEEN CONGRESS AVENUE AND S.W. 22ND AVENUE IN SECTION 30, TO%~SHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1977". (Copy of Ordinance No. 83-82 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. Jackel moved for adoption of Ordinance No. 83-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. - 4 - 11/23/82 12a. Final Plat Approval - The Terraces of Centre Delray. Coun- cil is to consider approval of final plat for The Terraces of Centre Delray, located south of Germantown Road, between Congress Avenue and S.W. 22nd Avenue. This was approved by the Planning and Zoning Board by a 6 to 0 vote. Mr. Bird moved for approval of the final plat for The Ter- races of Centre Delray, seconded by Mr. Jackel. Said motion passed unanimously. Mr. Blair returned to the meeting at this time. 13. Ordinance No. 100-82 - Amending Code - Tennis Center Char- ~es. Ordinance No. 100-82, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to tennis center charges, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 100-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND "IN GENERAL" OF THE CODE OF RECREATION", ARTICLE I, , ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 17-2, "CHARGES FOR USE OF TENNIS CEN- TER'', TO INCREASE THE ANNUAL MEMBERSHIP FEES, MONTHLY DUES, AND DAILY COURT FEES APPLICABLE AT THE CITY'S TENNIS CENTER, LOCATED NEAR THE N.W. CORNER OF THE INTER- SECTION OF ATLANTIC AVENUE AND N.W. 1ST AVENUE, FOR RESIDENTS AND NON-RESIDENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 100-82 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. Jackel moved for adoption of Ordinance No. 100-82 on Second and FINAL Reading, seconded by Mr. Bird. 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 14. Request for Solicitation of Funds - Veterans of Foreign Wars, Post 4141. Council is to consider approving solicitation of funds on March 4 and March 5, 1983. Approval is recommended. 16. Final Plat Approval - Tropic Isle Auto Park. Council is to consider approval of final plat for Tropic Isle Auto Park, located at the southeast corner of Tropic Boulevard and Federal Highway. This was approved by the Planning and Zoning Board by a 6 to 1 vote (Wallin dissenting). 17. Nuisance Abatement. Resolution No. 109-82, assessing costs for abating a nuisance in accordance with Sections 13-12, 13-13 and 13-15 on parcels located at 706-708-710-712-714 S.E. 4th Avenue, 806 S.W. 5th Avenue and 924 Gardenia Drive, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 109-82 is as follows: - 5 - 11/23/82 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. 109-82 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the exception of item 15, seconded by Mr. Jackel. Said motion passed unani- mously. REGULAR AGENDA 18. Pompey Park Center Roof. Council is to consider author- izing award of a contract to Modern Roofing Company in the amount of $2,910 for repairs to Pompey Park Center roof, including copper flash- ing, with funds to come from the 1982-83 operating budget for Pompey Park. Approval is recommended. Mr. Blair moved to authorize awarding a contract to Modern Roofing Company in the amount of $2,910, seconded by Mr. Jackel. Said motion passed unanimously. Appointment - Community Appearance Board. Council is to consider the appointment of an alternate member of the Community Appear- ance Board to the unexpired term of James Towery, ending August 25, 1983. Mr. Jackel moved to appoint Mike Caistor as alternate member of the Community Appearance Board to the unexpired term of James Towery, ending August 25, 1983, seconded by Mr. Perry. Before roll call, Mr. Perry questioned whether or not Mr. Caistor is a resident of Delray Beach. According to ordinance if he does not live in the City then he is ineligible to accept the appoint- ment. Mr. Bird moved to table this item until the next regular meeting, seconded by Mr. Blair. Said motion passed unanimously. 20. Ordinance No. 74-82 - Mirandi Annexation. Ordinance No. 74-82, relative to annexing a parcel of land located north of Atlantic Avenue %~est, between Barwick Road and High Point Boulevard, subject to GC (General Commercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 11, 1983. The City Manager presented Ordinance No. 74-82: 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 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. - 6 - 11/23/82 Mr. Blair moved for adoption of Ordinance No. 74-82 on First Reading, seconded by Mr. Bird. 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. 21. Ordinance No. 101-82 - Exxon Annexation. Ordinance No. 101-82, relative to annexing a parcel of land located at the northeast corner of Atlantic Avenue and Congress Avenue, subject to GC (General Commercial) District (Exxon Company, U.S.A., applicant), is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 11, 1983. The City Manager presented Ordinance No. 101-82: 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, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Perry moved for adoption of Ordinance No. 101-82 on First Reading, seconded by Mr. Bird. 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. 22. Ordinance No. 102-82 - Amending Code - Occupational Li- censes. Ordinance No. 102-82, amending Chapter 15 "Licenses" of the Code of Ordinances relative to occupational licenses for merchants, druggists and storekeepers, is before Council for consideration on First Reading. The City Manager presented Ordinance No. 102-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES", SUB- SECTION (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS", TO RENDER SAID SECTION IN COMPLIANCE WITH ~205.043 OF FLORIDA STATUTES (1982); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for adoption of Ordinance No. 102-82 on First 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. 23. Ordinance No. 103-82 - Brandt-Von Essen Annexation. Ordi- nance No. 103-82, relative to annexing a parcel of land located on the east side of S.W. 4th Avenue, between Southridge Road and Linton Boule- vard, sub3ect to LI (Light Industrial) District (George A. Von Essen and Thomas E. Brandt, applicants), is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 11, 1983. The City Manager presented Ordinance No. 103-82: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. - 7 - 11/23/82 The City Attorney read the caption of the ordinance. Mr. Jackel moved for adoption of Ordinance No. 103-82 on First Reading, seconded by Mr. Bird. 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. 24. Ordinance No. 104-82 - Eubank Annexation. Ordinance No. 104-82, relative to annexing a parcel of land located south of N.W. 22nd Street, between N.W. 3rd Avenue and N.W. 4th Avenue, subject to R-1AA (Single Family Dwelling) District (Richard C. Eubank, applicant), is before Council for consideration on First Reading. If passed, Public Hearing will be held on January 11, 1983. The City Manager presented Ordinance No. 104-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 26, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Jackel moved for adoption of Ordinance No. 104-82 on First Reading, seconded by Mr. Blair. 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. 25. Engineering Support. Council is to consider authorizing Russell & Axon to perform the engineering support to the City's Finan- cial Consultant, Dean Witter Reynolds, Inc., for the Bond Issue. Estima- ted fee is $7,500, with funds to come from the 1983 Water & Sewer Bond Proceeds. Approval is recommended. The City Manager stated that this item and items 26 and 26a are the first actions Council will be taking in preparation for the Utility Bond Issue. The first action is to authorize Russell & Axon to perform the engineering services which are necessary to prepare the documents. Item 26 is to authorize Stan Ross, who is employed by Dean Witter Reynolds, to perform Fiscal Agent Services and item 26a is the City Attorney's recommendation that Mudge, Rose, Guthrie and Alexander, the City's New York Bond Counsel also be retained. Compensation for all three items will come from the bond proceeds. Mr. Perry moved to authorize Russell & Axon to perform the engineering support to the City's Financial Consultant, Dean Witter Reynolds, Inc., for the Bond Issue, seconded by Mr. Jackel. Said motion passed unanimously. 26. Fiscal Agent Services. Council is to consider authorizing Dean Witter Reynolds, Inc. to perform Fiscal Agent Services for the anticipated $4 million Water & Sewer Bond Issue at a fee not to exceed $15,000 with funds to come from the 1983 Water & Sewer Bond Proceeds. Approval is recommended. Mr. Blair moved to authorize Dean Witter Reynolds, Inc., to perform Fiscal Agent Services, seconded by Mr. Jackel. Said motion passed unanimously. 26a. Retainage of City's New York Bond Counsel. Council is to consider retaining the firm of Mudge, Rose, Guthrie & Alexander as the City's New York Bond Counsel for the Water & Sewer Bond Issue. Approval is recommended. - 8 - 11/23/82 Mr. Bird moved to retain the firm of Mudge, Rose, Guthrie & Alexander as New York Bond Counsel for the Water & Sewer Bond Issue and the City Attorney's Office as local Bond Counsel, seconded by Mr. Jackel. Said motion passed unanimously. 27. Word Processing System - City Manager's Office. Council is to consider authorizing the award of a contract to NCR Corporation for a WorkSaver FirstStep word processing system with a 35 CPS Printer for the City Manager's Office. Approval is recommended. Upon question by Mr. Jackel as to the advantage of leasing this equipment rather than purchasing it, the City Manager stated that the $3,000 difference over three years would be worth it in terms of flexibility. He feels it will be easier to upgrade and make it compat- ible with the City's other word processing systems by leasing. Mr. Jackel moved to authorize awarding a contract for leas- ing a %~rkSaver FirstStep word processing system with a 35 CPS Printer from NCR Corporation, 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 - No. Said motion passed with a 4 to 1 vote. Mayor Young declared the meeting adjourned at 8:10 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 November 23, 1982, which minutes were formally approved and adopted by the City Council on/~)~j, ~/ /~' 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. - 9 - 11/23/82