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01-27-81 347 JANUARY 27, 1981 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, January 27, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V~ Young, present. 1. The opening prayer was delivered by Reverend M.M. Gaines, St. John's Primitive Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for approval of the minutes of the regular meeting of January 13, 1981, seconded by Mr. Young. Said motion passed unanimously. 4.a.1. Before the opening prayer, at Mr. Bird's request, everyone took a moment for silent prayer to give thanks that the hostage situa- tion was satisfactorily resolved and the 52 Americans are home. 5. There were no public requests from the floor. 6.a. There were no items submitted that were not on the agenda. 6.b. CONSENT AGENDA At the request of members of Council and others present, the following items were removed from the Consent Agenda: 6.b.(2), 6.b.(3), 6.b.(5), 6.b.(7), 6.b.(8), 6.b.(9) and 6.b.(14). At the request of the applicant, item 6.b.(ll) was removed from the agenda entirely. The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) It is recommended that Council appoint David Huddleston to the General Employees Retirement Committee as a replacement for Thomas Weber who retired on January 16th. (4) As discussed at the workshop meeting on January 20th, Council is to consider authorizing settlement in the Richard McMurray vs. City of Delray Beach case. Approval of the settlement is recom- mended. (6) The City requested an increase of $87,989 from the United States Environmental Protection Agency for the Master Lift Sta- tion on May 16, 1980. Notification has been received that the grant was approved. This increases the total amount of the grant offer to $1,638,572. The grant increase is needed to finance relocation of a hydraulic valve control accumulator, installation of a fuel tank, addi- tional chlorination equipment, wet scrubber and exhaust fans in the chlorine building. It is recommended that Council accept the grant, by motion, at tonight's meeting. (10) The following bids have been received for the rehabi- litation of sewer lift station Nos. 8 and 84A: Quotation Quotation Bidder L.S. No. 8 L.S. No. 84A R.J. Sullivan Corp. $10,.800 $5,700 Coral Springs Trio Development Corp. No Bid 8,300 Pompano Beach It is recommended that the contract be awarded to the low bidder, R.J. Sullivan Corporation in the amount of $10,800 for lift station No. 8 and $5,700 for lift station No. 84A by passage of Resolution No. 5-81, with funding to come from funds in the 1980-81 budget. The caption of Resolution No. 5-81 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO °AWARD A CONTRACT FOR THE REHABILITA- TION OF SEWER LIFT STATION NOS. 8 AND 84A. (Copy of Resolution No. 5-81 is on file in the official Resolution Book) (12) The Planning & Zoning Board at a meeting held on January 19th, recommended by unanimous vote that Parcels "J" and "K" of the Hamlet Development be rezoned from RM-6 (Multiple Family Dwelling) District to R-iA (Single Family Dwelling) District to bring the zoning into conformance with the Land Use Plan. Council may consider author- _ izing the City Attorney to draft an ordinance if it wishes to do so. (13) The Planning & Zoning Board at a meeting held on January 19th, recommended by unanimous vote that the final plat approval for Crosswinds (Phase I), located on the south side of Linton Boulevard, between the E-4 Canal and Dover Road, be approved, subject to: (a) ' City Engineer's memorandum of January 19th. (b) Director of Public Utilities memorandum of December 15, 1980. (c) Receipt of comments from the Lake Worth Drainage · District and South Florida Water Management Dis- trict. It is recommended that Council approve the final plat approval for Crosswinds (Phase I). Mr. Bird moved for approval of the abbreviated Consent Agenda, seconded by Mr. Young. Said motion passed unanimously. REGULAR AGENDA 6.b.(2) The City Manager reported that if Council is ready to do so, consideration may be given to authorizing the administration to seek bids for the Barwick Road Fire Station. It is recommended that Council authorize the administration to seek bids for the Barwick Road Fire Station. Mr. Bird stated that he has no problem with the architectual drawing, but today was the first he had seen of the building which is to be put in a location which he considers an extremity of the City within a few blocks of the western and northern boundaries of the City. The building is the same size as the Linton Fire Station which he catego- rizes as a central location. He objects to the cost of building a building that far out of the City and questions whether the needs cannot be satisfied closer in. He feels that a 600 square foot training room located at the intersection of Barwick and Lake Ida Roads is far removed from the general need of the City and that the fire safety and emergency medical needs of the citizens can be met with a more modest building. The needs for additional equipment storage, training and other things can be done in a more centralized location. He asked Council to defer this decision until they can get a recommendation from MICA, and if that is done, that it be MICA's first order of business and done in the most timely manner possible. Mrs. Durante noted that they did have MICA make a recommend- ation to them in regard to the fire station out west and they did abso- lutely nothing with that recommendation. She is not prepared to have the City spend money again for another study because they didn't do anything with the one they had; they didn't even discuss it. Mr. Bird stated that he doesn't think that particular study has ever been for- mally brought before Council. Mayor Weekes added that he didn't discuss that study because he wasn't interested in buying a house out there and converting it into a fire station. - 2 - 01/27/81 345 Mr. Young stated that he concurs with Mr. Bird in that if they don't have any pumpers to put in there, they don't need a shed to put them into. He too was unaware that they were going to build any- thing of that size; he thought it would be similar to what they have on the east side of the Intracoastal, possibly a little larger. He would like this decision to be. deferred until such time as they decide about the purchase of the equipment. The City Manager stated that he is in favor of Council's authorization tonight to go forward with the securing of bids for the fire station. He feels that the number one active expert in the City with regard to fire protection is the Fire Chief. A well experienced architect designed the fire station; not only experienced as a general architect but with special expertise in fire station design. They have also had input from the Engineering Department .with regard to the engi- neering aspects of the design. He is assuming that they are eventually going to get that fire'pumper and they are going to need a place to put it and they are going to need to provide the other space allocations. He concurs with Mayor Weekes in that he is not interested in buying a house and converting it into a fire station. Chief Jackson explained that the 660 square foot room that they have proposed is not just a training room, it is also the kitchen, the dining room and television area. There will be training in there but it will be utilized for those other purposes too; it is a multi- purpose room. The City Manager added that it seems to him that it is not an unduly large area for a kitchen, television and training area. Mr. Bird noted that that does not include the 220 square feet which is allotted to the pantry and kitchen area; they are in addition to the 660 square feet. He is only questioning whether that is the appropriate place to locate a training room if they need one; he suggested adding additional space to an existing station. Chief Jackson stated that they are familiar with this design because it has the same dimensions as the station on Linton. It has proven to be a very good substation. Not only have they chosen this design, but Boynton Beach and Del Trail have also chosen it. The City Manager added that they need to be able to give some training where the men work without having to transport them to other locations. Chief Jackson stated that they hope to have this building as a part of their overall operations. They have to house a cascade system for filling tanks in one of the storage rooms out there; they don't have room for it anywhere else. Hopefully, they are going to be able to put either their paramedic coordinator or their training officer out there because of office space. Mr. Bird stated that they are building a Public Works garage for 2% million dollars and, perhaps, excess equipment could be stored there conveniently. He thinks that they can have those things they need in order to efficiently manage the City at a lesser cost and with a greater convenience to the general user requirement. Mr. Scheifley moved to authorize the seeking of bids for the Barwick Road Fire Station, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Young stated that he has no objection to soliciting bids for this but he would like for them to reconsider the training area. Mayor Weekes replied that if the majority of Council votes for the motion, Council has the right to reject any and all bids. Mr. Bird stated that he is not attempting to reduce the efficiency or protection to the citizens located west of town and he hopes that most of them will understand why he is voting no; it has to do with economics. At this point the roll was called to the motion. - 3' - 01/27/81 6.b.(3) The City Manager reported that Council, at the October 14, 1980 meeting, approved extension of a base agreement with the FEC Rail- way Company subject to inclusion of several amendments suggested by the City Attorney and subject to an increase in the City's payment from $400 to $720 annually. A copy of a letter from the City Attorney dated January 13th stating the amendments accepted and rejected and a copy of the lease agreement have been provided to Council. Approval of the lease agreement is recommended. The City Attorney referred to paragraph 5 of his memo to Council and pointed out that there is a provision in this lease that they sought to amend and have been unable to do so; it would hold the City liable in the event that there is personal injury or property damage which is caused solely by the negligence of the Railway, its agents or employees. He'thinks that this is an unreasonable provision. It was not in the first draft of the lease. Upon question by Council members, the City Attorney ex- plained that the City could be liable to indemnify the Railroad for injuries that occur on the leased property to the people who are using it under the authority of the City's lease. This is a matter of weigh- ing the value of having the parking against the potential liability. Upon question by Mr. Bird, the City Manager stated that only the north side parking is covered by this and if they prohibit parking there, then there is no need in entering into the lease because that is the purpose of it. They are talking about 42 parking spaces and he thinks that the parking spaces are badly needed. The City Attorney stated that this is one of the worst leases he has ever seen in terms, of allocating liabi- lity for negligence solely attributable to the other party to the lease and having the City indemnify them for that negligence. Upon question by Mr. Scheifley, the City Attorney replied that if they don't sign the lease, they will have to vacate the premises. Mr. Bird moved that the lease be approved with an amendment to that paragraph to provide that those solely responsible for the negligence shall be solely responsible for the damages and in the event that the damages are the joint action of the negligence of the City and the Railroad that the City would indemnify them, seconded by Mr. Young. Said motion passed unanimously. 6.b.(5) The City Manager reported that as discussed at the January 20th workshop meeting, Council is to consider the request for City water and sewer service received from National Medical Enterprises, Inc., Medical Office Developers, Inc. and Linton Center Co., Ltd. to serve 60 acres at the southwest corner of Military Trail and Linton Boulevard, which is outside the City. A medical center is to be constructed at this location. It is recommended that Council authorize the furnishing of water and sewer service to the medical center. Mr. Richard Siemens, representing the applicants, stated that the last time they discussed this they came to an agreement. After that meeting, they received an addendum to the contract. There are some aspects of the addendum, which in his opinion, preclude them from having use of the facilities for which they are going to pay about $500,000 for the improvement of. The City Attorney explained that the addendum Mr. Siemens referred to is the letter that was distributed to Council dated January 27, 1981 that is proposed for the signature of each of the contracting parties that Mr. Siemens represents. It is an interpretation by the contracting parties of the facts as they exist at the present time with regard to the City's sewer capacity and agreeing that those present facts fit under paragraph 2(k) of the contract which excludes the City from being liable in the event that sewer service is not commenced for the property because of a lack for capacity. He explained the letter further. Mr. Bird asked if the intent of this letter is to get an acknowledgement from Mr. Siemens and others to acknowledge that (1) the City does not currently have the capacity and (2) that consideration must be on a first come first serve basis. The City Attorney replied that that covers it as to users outside the City, but not for users - 4 - 01/27/81 351 inside the City. Mr. Bird questioned the validity of the wording of the City Attorney's letter in regard to their ability to restrain sewer service. He thinks that this property, since it is within their legal reserve area, would be within their area of responsibility to serve. The City Attorney stated that the reason he requested that insertion in the letter is because he felt that the City should not be in the position of having to refuse service to taxpayers and citizens of Delray Beach because the City had contracted out its capacity to prop- erties located outside of the City limits. Mr. Bird stated that he has no problem with the letter with the exception of paragraph 4. Mr. Siemens stated that they want to make an intelligent business judgment. They have agreed to make certain improvements, both to the benefit of their property as well as to the benefit of the City; the cost of those improvements will run between $500,000 and $600,000. They have no problem with that. Mr. Bird stated that if an individual comes before Council and asks for sewer service, if they have capacity and they commit that they will provide, then their pecking order starts on that day, subse- quent claimants to the system are behind them. As he understands it, he doesn't think they have the ability to say that they will only treat it after they have taken care of all the possible potential users who are within the corporate limits. He questions paragraph 4 for that reason. If this paragraph were worded in such a manner that the applicant under- stands that he won't get anything the City doesn't have to give, that he will stand in line as of the date he applied, and if he is prepared, as a businessman, to make a half million dollar expenditure for that privi- lege, then he should be granted that right. The City Attorney explained that one problem is that nobody in the City has any contract for sewer service with the City and he questioned at what point the City is making the commitment, at the time the applicant actually requests the service or at the time the contract is signed for a request that will occur in the future. Mr. Bird stated that it seems to him that at the time the applicant comes in with a building plan, which will require hookup, that he is actually making application for capacity. Mr. Siemens stated that he understands what his risks are. He doesn't want to enter into an agreement which, at the time he signs the agreement, could, on the surface, preclude him from service in advance. The City Attorney stated that the only difference between what Mr. Bird has proposed and what he has proposed is what they are using as a basis from which to reserve capacity. He (City Attorney) includes the entire City at build out; Mr. Bird includes that portion of the City for which building permits have been issued. Mr. Siemens stated that he has no objections to standing in line. He would feel comfortable with an acceptance of the facts as stated in the first three paragraphs of the letter; he understands the risks and he understands that the City has made application to improve its facility and to increase its capacity. In talking with the City administration, he found that, in that capacity, he could be comfortably included. Mr. Bird moved for approval of the agreement subject to the letter being redrafted to ensure that Mr. Siemens' position in line is a chronological position in line and not subject to build out of the entire City being a preexisting requirement. Mr. Bird reworded his motion, at the advice of the City Attorney, to authorize the City Attorney's office and the administration to conclude this matter, seconded by Mr. Young. Before the second to the motion, the following discussion was had: the City Attorney stated that if Council authorizes the City Attorney's office and administration to conclude this matter, he would send a copy of the agreement to all Council members so they would know what is intended before it is signed. Mr. Bird stated that he does not see anything detrimental to the rights of the citizens of Delray Beach by adopting this policy. If Mr. Siemens is prepared to accept the other - 5 - 01/27/81 limitations which are included in the letter and acknowledge formally that he knows that at this point in time the City does not have that capacity and that they have no guarantee that they will have it during the time he may need it, he feels that they have protected everything they can and on that basis the motion stands. At this point, Mr. Young seconded the motion. Upon question by Mr. Scheifley, the City Attorney explained the differences between this agreement and the agreement with Mr. Tare for service to High Point Section 8. Mayor Weekes asked about the request by the petitioner to extend the refund period to ten years or that the five'year period be extended during the time of any water or sewer moratorium that prevents _ other parties from hooking into the subject line. The City Attorney stated that he was informed that these two items would be brought up tonight. Mr. Bird amended his motion to include a five year refund period to be extended during periods of any water and sewer moratorium that prevents other parties from hooking up; he is not prepared to lengthen it to ten years; and that the refunds would be at the rate of 12% interest or such lesser interest rate as may be the maximum allowed by law at the time this City makes the repayment, seconded by Mr. Young. Said motion passed unanimously. 6.b.(7) The City Manager reported that a request has been received that the final plat approval for Old Harbor Plaza, located at the north-' east corner of U.S. No. 1 and Linton Boulevard be approved. 6.b.(8) The City Manager reported that a request has been received that the final plat approval for Old Harbor Office and Bank Facility, located at the southeast corner of U.S. No. 1 and Linton Boulevard be approved. 6.b.(9) The City Manager reported that a request has been received that the final plat approval for Old Harbor Office and Bank Facility II, located at the northeast corner of U.S. No. 1 and Eve Street be ap- proved. The above three items were discussed simultaneously. Mr. Robert Chapin, representing the applicants, stated that plat approval for these three plats is subject to ten conditions listed in a memo from t~e City Engineer to the Planning Director dated January 27, 1981. He has conferred with the applicants and nine out of the ten conditions are acceptable to them. They have a problem with condition No. 8 which states that this developer is responsible for all off site improvements. He would like to see that condition omitted; he has no objections to the other nine conditions. Mr. Bird suggested that they change the wording to say that this developer is responsible for all outside improvements enumerated _ above including signalization. Mr. Chapin replied that that sounds fine but questioned the wording "including signalization". What they are talking about is medians and sharing in a traffic light .but there have not been any agreements to that effect. The City Manager asked if condition No. 8 is one of the items that was approved by the Planning & Zoning Board in recommending final plat approval. Mr. Chapin replied that this morning at Planning and Zoning workshop, they required approvals from a variety of other governmental agencies. They received the last of the necessary ap- provals this afternoon and it was delivered at about 1:00 P.M. to Mr. Walker and Mr. Church. As a result of that, Mr. Church prepared this memo; it has not been discussed by the Planning & Zoning Board. Mr. Carey stated that this morning at workshop, the petic tioner did not have one of the significant letters that are a require- ment for any approval process; the letter from the South Florida Water- Management District. The Engineering Department could not make a recom- mendation this morning because a key document was missing. - 6 - 01/27/81 Mayor Weekes informed Mr. Chapin that Council has a workshop scheduled for tomorrow at 5:00 P.M. and suggested that Council defer action on this item and call a special meeting tomorrow at 5:00 P.M. to consider it. Mr. Bird moved that items 6.b.(7), (8) and (9) be deferred to a special Council meeting tomorrow at 5:00 P.M. in these Chambers, seconded by Mr. Young. Said motion passed unanimously. 6.b.(14) The City Manager reported that the Planning & Zoning Board at a meeting held on January 19th, recommended by unanimous vote that the site and development plan for Arrowhead, located east of 1-95 be- tween Linton Boulevard and Audubon Boulevard be approved, subject to: (a) City Engineer's memorandum of January 19th. (b) Director of Public Utilities memorandum of December 12, 1980. (c) That a Unity of Title be filed tying Parcel 3 to Parcel 4. (d) That the sidewalk requirement be waived on both sides of the street. (e) Receipt of comments from Lake Worth Drainage Dis- trict and South Florida Water Management District. (f) That a time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on January 20th. It is recommended that Council approve the site and development plan for Arrowhead. Mr. Young stated that he is concerned that all of the traf- fic will have to go down Audubon Boulevard which is a narrow two-way street; there is also a bridge there which they have had considerable problems with in the fact that it did not have any extensions of the sidewalk so people had to walk in the street. He thinks that the elimi- nation of the sidewalk requirement should be reconsidered. Mr. Carey stated that there are two roads that will come across from Audubon Boulevard west of the bridge; one will be Dotterel Road which would be opened up all the way around to Lindell; and also the main road servicing the development itself which is a 50 foot right- of-way which will meander through the project and exit out on Lindell Boulevard. Logically, anyone living in Arrowhead is not going to use Audubon Boulevard; they have made it easier for the people living in Bass Creek to exit out on Dotterel Road to Lindell, rather than having to go over the little bridge on Audubon. In addition, they required the developer to put a bike path on Dotterel Road; bike paths are more often used as sidewalks. The main road in this development has a bike path the whole length of it. They made two guarantees to the people in Bass Creek; (1) the completion of Dotterel Road and (2) no multi-family housing near their development; both guarantees have been kept. There is no reason for anyone to have to cross that little bridge. Mr. Richard Krog, 3031 Phoebe Lane, questioned the sidewalk requirement. Having lived in Bass Creek for three years, he finds that many of those elderly individuals from the Lake Delray apartments do go on extended walks through Bass Creek and they will be going through Arrowhead. Mayor Weekes clarified that sidewalks, per se, are elimi- nated, but bike paths are substituted in lieu thereof. Mr. Carey added that there are very few through streets in this subdivision and most of them are short in length so a sidewalk would serve no useful purpose. The main road through this community has a bike path on one side; they made that a condition of the approval. - 7 - 01/27/81 35,4 Mr. Krog stated that he feels that not putting in sidewalks on both sides of the streets for the sake of cutting expenses is ridicu- lous; they have youngsters and elderly individuals now walking in the streets in that area subject to erratic drivers. He doesn't think they should eliminate any sidewalks in any portion of this community. It is a safety factor that should be considered at all times. Subjecting the people to bicycle riders makes it even a little more difficult. Mr. Fred Blaser, 1590 Gallinule Drive, stated that there is an egress from Arrowhead to the south which is onto Audubon Boulevard. The only way for both parties, Arrowhead and Bass Creek, to go south to Boca Raton is to go over the two lane narrow bridge. Audubon Boulevard is already taking the full 184 homes currently in Bass Creek because there is no way out of that area except for Audubon. Now they're let- ting a developer come in and put a four foot berm up with no sidewalks. They need a sidewalk for protection of the people who are going to use the egress onto Audubon. Mr. John Donovan, 1515 Gallinule Drive, stated that there are bus stops on Dotterel Road. People are going to come out of the development by means of the egress onto Audubon and want to go to a bus stop. If they put a bike path along Audubon as well as Dotterel, that would facilitate part of the trouble. As he understands it, there is nothing being provided along Audubon Boulevard. They do need something along Audubon. Mr. Nathan Miller, developer of Arrowhead, stated that a traffic study was made and they and their expert feel that if people want to go to Boca, Audubon would not be the route they would take. They have a new road, S.W. 10th Street, that is presently being com- pleted, which will be opened very shortly. Germantown Road is being closed and they'll have an 80 foot right-of-way between Lindell and Linton which now takes you from Linton to U.S.1 to go south from there. They determined a long time ago that they did not want to face any of their homes on the perimeter of the property; that's different from Bass Creek. The Planning & Zoning Board insisted, in spite of that, that they go ahead and provide a pedestrian access for people outside their development so that they can get over to Lindell without going over that little bridge. Their suggestion of putting a berm along the perimeter of their property does not interfere with their neighbors; they are trying to confine their development, which is common in planned resi- dential developments. They feel and the engineers and the Drainage District feel that development of this property will truly help some of the problems in terms of drainage, infestation and many other things that have been there over the years. Mr. Carey stated that it makes no sense to isolate streets within developments. From a public safety standpoint, when you isolate over 300 homes, your police, fire and public works departments have a terrible time dealing with it. The opening on both ends is a logical sequence of events in the planning process. He agrees with Mr. Miller that the vast majority of these people are not going to be using that two lane bridge on Audubon Boulevard. The main artery from that loca- tion will be the new S.W. 10th Street which will feed onto Lindell Boulevard. That will be a signalized intersection on Linton Boulevard. People heading into Delray are going to come in that direction; people inclined to go south are going to go to Linton, turn left on 1-95 and head south. The Board imposed some tough restrictions on the developer in the approval process. He suggested that in addition to what they have already required of the developer, that they require him to extend the bike path around Dotterel Road and up the length of his property on Audubon Boulevard. Mr. Blaser stated that that addition would satisfy them. Mr. Bird moved for approval subject to requiring that the developer extend the bike path around Dotterel Road and up the length of his property on Audubon Boulevard, seconded by Mr. Young. Said motion passed unanimously. 6.c. The City Manager reported that the Community School Program Agreement is before Council for consideration. - 8 - 01/27/81 355 Mrs. Durante reported that she met with Dr. Robbins about the original a~reement which they considered last week. She had some problems with it and some changes have been made. Dr. Robbins feels that this is a good umbrella agreement. The individual schools will be handled by separate agreements. Mayor Weekes stated that he understood that if they entered into the big agreement, they wouldn't have to come up with $4,000. Mrs. Durante stated that the umbrella agreement does not require them to do anything unless they want to. Mr. Bird moved for approval of the umbrella agreement, seconded by Mr. Young. Said motion passed unanimously. Before roll call, the City Manager stated that he had a brief discussion with Dr. Robbins. Had the original umbrella agreement been approved, they would not pay $4,000 for Carver School as they will now. There is no money involved in the umbrella agreement except for money that the City decides to commit in advance by separate agreement. However, the separate agreement for Carver School does call for the payment of $4,000. It would be necessary to fund that because that is not in the budget. He recommends transferring it from the General Fund Contingency Account if Council goes this route. Mr. Bird stated that if they didn't have to fund it before, he doesn't see how changing their liability should make it necessary for them to fund it now. At this point the roll was called to the motion. It was the consensus of Council to have the administration contact Dr. Robbins and get an explanation of why they now have to pay the $4,000. 6.d. The City Manager reported that the following bids have been received for the purchase of Police cars: Standard Size Mid-Size State Contract $7,~82.40 $7,026.37 Earl Wallace Ford 7,803.31 No Bid Adams Chevrolet 8,370.00 8,195.00 It is recommended that 10 mid-size cars be purchased at the low bid price of $7,026.37 per car by State Contract through an agency in Holly- wood, Florida. The purchase price, without trade-ins totals $70,263.70. It is recommended that funding be by the $54,000 federal revenue sharing funds budgeted 'for this purpose and a transfer of $16,263.70 from the general fund contingency account. The $54,000 budgeted for the purchase of 10 Police cars contemplated trading in 10 cars. It is felt that it would be to the City's advantage to buy the cars without trade-ins, transfer 10 Police cars to other departments to replace older cars and/or cars in worse condition and auction off the departmental cars. Anticipated delivery time on the new cars is 45 to 60 days. This item was tabled at the January 13th meeting. .Mrs. Durante moved that the recommendation of the admini- stration be approved, seconded by Mr. Scheifley. U~on roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - No; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Bird stated that it has never been his intent to preclude the Police officers in the City from having safe, usable vehicles. His concern in having police vehicles used for administrative purposes is the cost of having a pursuit car used as a taxicab; it is an expensive form of transporta- tion. He would rather that they buy eight cars suitable for pursuit use and buy two additional cars suitable for administrative use, with 6 cylinder or 4 cylinder engines. They have a couple of cars in the City with very low milage that would be suitable as pursuit vehicles for another couple of years; he feels that these should be added to the Police fleet. - 9 - 01/27/81 At this point the roll was called to the motion. 8.a. The City Manager reported that Ordinance .No. 1-81, amending Chapter 16 "Offenses-Miscellanious", Article II, "Noise Control" of the Code of Ordinances relative to real property boundary is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 13th meeting. Prior to consider- ation 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. 1-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCELLA- NEOUS'', ARTICLE II, "NOISE CONTROL", OF THE CODE OF ORDI- _ NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-34(26) "REAL PROPERTY BOUNDARY" BY DELETING "BUT NOT INCLUDING INTRA-BUILDING REAL PROPERTY DIVI- SIONS'' TO CLARIFY THE INTENT OF SAID ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 1-81 is on file in the official Ordinance Book ) The City Manager 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. Bird moved for the adoption of Ordinance No. 1-81 on Second and FINAL Reading, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes declared the meeting adjourned at 8:50 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 January 27, 1981, which minutes were formally approved and adopted by the City Council on~.~.~. ~/ /~/ . 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. - 10 - 01/27/81 JANUARY 28, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 5:00 P.M., Wednes- day, January 28, 1981, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Malcolm T. Bird, Charlotte G. Durante, James H. Scheifley, and Willard V. Young, present. Mayor Weekes called the meeting to order and announced that this meeting has been called for the purpose of: (1) considering re- quest for final plat approval -- Old Harbor Plaza; (2) considering re- quest for final plat approval -- Old Harbor Office and Bank Facility; and (3) considering request for final plat approval -- Old Harbor Office and Bank Facility II. Mr. Robert Chapin is representing Old Harbor. Mr. Chapin stated that they have reached an agreement in concept; that all the various off-site and traffic improvements that have been requested by the City Engineer will initially be paid in full by Knight Enterprises. Half the cost of three of them, which apply to the Delray Mall, will be collected by the City and, if and when collec- ted by the City, half of those improvements will be reimbursed to Knight Enterprises. The City Manager elaborated further on the terms of the agreement. Upon question by the City Attorney, the City Engineer replied that the plans reflect everything except the details of the traffic signal itself. They.have asked the developer to include that on the drawings. Upon futher question, Mr. Church replied that in regard to a traffic signal on Federal Highway, the plan does show the cross- ings, the location, the poles, the median, and all the improvements that they talked about. The City Attorney asked if these are the improve- ments he was talking about in his memo of January 27th and further asked if he feels that the plan sufficiently details what those improvements are. Mr. Church replied, yes, with the exception that they need the detail on the traffic signal itself, but it does detail to the extent of what's required, DOT standards. Mr. Chapin stated that in regard to refunding, he feels that ten years would be appropriate; Council members concurred. Mr. Scheifley referred to paragraph 8 of Mr. Church's memo and asked if that problem has been resolved. The City Attorney replied, yes. Mr. Bird moved to accept the recommendation of the Planning and Zoning Board on all three of these plats subject to the modification which has been agreed to by the Administration and the developer, se- conded by Mrs. Durante. Mr. Bird amended his motion to be subject to Mr. Chapin and the City Attorney working out an acceptable agreement in regard to the refunding for the off-site traffic improvements, seconded by Mrs. Durante. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 5:14 P.M. ATTEST: ~~ MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of January 28, 1981, which minutes were formally approved and adopted by the City Council on ~,, ~ ~, ~ ~,? . 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.