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08-14-84 AUGUST 14~ 1984 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, August 14, 1984. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. William Echols, ~ason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular ~eeting of July 24, 1984 and the Special Meeting of July 17, 1984, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mrs. Elizabeth Matthews, 1024 White Drive, requested that item 17 be removed from the Consent Agenda and placed on the Regular Agenda. 5.a.2. Mr. Richard Brown, 301 N.W. 7th Avenue, stated he has a problem with one of his neighbors who is allowing his property to be us ed as a dumping ground for trash and garbage. He requested that Council look into this matter to try and have this problem resolved. 5.a.3. Mr. LaWrence Letino, 3535 Avenue Montressor, stated that the person across the street from him has at least seven abandoned cars in his driveway. Council recently passed an ordinance relative to aban- doned cars and this person was asked to remove two cars; he questioned why only two were removed. The City Manager advised he is aware of this situation; however, when these cars were inspected they all started and were tag- ged. 5.b.1. Mr. Weatherspoon presented Mayor Campbell a plaque from the Roots Cultural Festival, Inc., thanking the City for their support of the Festival. Mr. Weatherspoon presented a certificate to Mr. Bird and his wife in appreciation of their service and help in the Roots Golf Fes- tival held two weeks ago. 5.b.2. Mr. Jackel stated three months ago Council passed an ordi- nance regarding handicapped accessibility with the condition that they first get the Attorney General's opinion on the matter. This opinion is long overdue and he hopes that they hear very soon. 5.b.3. Mr. Jackel stated that Council was furnished a memorandum from the City Manager relative to the golf situation. He would like this placed on next week's workshop agenda. 5.b.4. Mr. Jackel stated Council has been furnished copies of a memorandum, dated August 14, from the City Manager relative to impact fees. He would like the City Manager and City Attorney to proceed as quickly as possible so they can maximize the funding. Once the money is collected they should have in mind what the top priority is; his top priority is Linton Boulevard. 5.b.5. Mr. Jackel moved to appoint Dr. William Echols to the Hous- ing Authority to finish out the term of Dr. Mackay. Mayor Campbell stated it was his understanding that all appointments would be deferred until Council had passed both the ordi- nance changes and the resolution of intent with regard to appointments in general. These changes would determine the number of vacancies and whether or not there would be vacancies. Mr. Jackel withdrew his motion. 5.b.6. Mr. Bird congratulated the Roots Festival and the community for their participation and interest. 5.b.7. Mr. Bird stated a few weeks they received a copy of a study, from Barker, Osha, Anderson, relative to the drainage problem in the City. Mr. Bird moved that they authorize an extension of the study to make it City-wide, get a priority list of these areas, starting with the one where there is the greatest potential danger to health and/or property, get that study completed so they have some reasonable knowl- edge of the size of the problem and undertake some appropriate steps towards its resolution, seconded by Mrs. Horenburger. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Jackel questioned what the cost of the study will be and where the funds are to come from. Mr. Bird recommended they ask Barker, Osha, Anderson to provide Council with a cost estimate first and defer the question of funds until they find out what that cost will be. Mr. Bird clarified his motion to authorize the Administra- tion to contact the agency which conducted the initial part of the study, to provide Council with the appropriate data so they can make a final determination. At this point the roll was called to the motion. 5.b.8. Mayor Campbell read a proclamation commending I. Earl Hawk for his many years of dedicated service to the school system of Palm Beach County. 5.b.9. Mayor Campbell stated it has been the concern of several people about the general development of the City and particularly Atlan- tic Avenue. Because of this concern he is going to announce the appoint- ment of a special Atlantic Avenue Task Force; it will be a group of citizens whose job it will be to look at the problems facing the com- munity, work with the various governmental agencies and try to give Council an overall plan for improvement. He has selected people from various groups or entities who are primarily concerned with Atlantic Avenue. From these groups he has selected the following people: Clay Wideman, Spencer Pompey, Carl Carter, Tom Lynch, Connie Tuttle, Barbara Smith, Mark Stowe, Roy Simon and Hunter Moss. In addition to being involved in this task force they will work closely with Mr. Johnson of the Building Department. They will be meeting regularly at City Hall and he urged that citizens who are interested attend these meetings and have their own input. Mr. Bird advised that in a recent Florida League of Cities bulletin it mentions that "Main Street" is a program designed to bring about the economic revitalization of older, commercial cores of small cities. - 2 - 8/14/84 Mr. Bird suggested that they instruct the Administration to provide, not only one staff member to attend either the meeting in Tallahassee on the 20th or the one in Orlando on the 21st, but also that a selective member of the Task Force be sent. 5.c.1. The City Attorney stated Council has been furnished a copy of a stipulation for dismissal in regard to a piece of litigation which has been ongoing for three years. They have, by technical default and meritorious superiority, prevailed in the case of Paul Mark Development versus the City of Delray Beach. The City has agreed that Paul Mark Development is going to drop the law suit; therefore, the denial of the rezoning will stand. The only agreement was that the City will not pursue attorney's fees against them. He would like Council to move to authorize the entry of the stipulation. Mr. Bird moved to authorize the entry of the stipulation, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.d.1. The City Manager stated Council has been furnished a memoran- dum regarding the extension of a water line from 1st Avenue to 1-95. They have done an analysis of that line which was scheduled to be 16" in diameter; it now appears more feasible to increase the line size from 16" to 24" as it gives certain benefits regarding pressure loss. To do this the City is going to have to negotiate an agreement with the cur- rent engineer. He advised Council that the overall cost of the project will be sizable; however, the engineering should be very insignificant. 5.d.2. The City Manager stated the City has, over the past few years, been a participant in the Urban County Program of the Community Development Block Grant Program. Delray has now grown to a size and population that allows us to become an entitlement city for a direct grant from the U.S. Department of Housing and Urban Development. He has been informed that the initial allotment of the program would be roughly $500,000. The City has to decide by August 16th whether or not they wish to enter into the Community Block Grant Program or continue as part of the Urban County Program. He would recommend to Council that the City participate directly with HUD and the Community Development Pro- gram, that the County be notified to the effect that it is our intent to establish our own program and authorize the City Manager to proceed with establishing the program. Upon question by Mr. Jackel, the City Manager advised the allocation normally comes in January. Mrs. Horenburger moved to direct the Administration to inform the County that the City of Delray Beach will be going on our own problem, then notify the U.S. Department of Housing and Urban Develop- ment that it is the City's intent to become a participant in their program, seconded by Mr. Bird. Said motion passed unanimously. 6. Mrs. Horenburger requested that item 17 be removed from the Consent Agenda and placed as first item on the Regular Agenda. hr. Bird moved for agenda approval with the exception of item 17 to be made first item on the Regular Agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 50-84 - South Congress Professional Center Re- zoning. Ordinance No. 50-84, relative to rezoning a 0.61-acre parcel from RM-15 (Multiple Family Dwelling) District to SAD (Special Activ- ities District) to allow an expansion of the permitted uses within an existing medical office building, is before Council for consideration on Second and FINAL Reading. The property is located at the northwest corner of Congress Avenue and Lowson Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 3 - 8/14/84 The City Manager presented Ordinance No. 50-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 0.61 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CON- GRESS AVENUE AND LOWSON BOULEVARD, SAID LAND BEING LOTS 1, 2 AND 3, GOLF PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 26, PAGE 141, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR VOIDING OF BUILDING PER- MITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 50-84 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. Bird moved for the adoption of Ordinance No. 50-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell left the Council Chambers at this time. 8. Ordinance No. 52-84 - Linton Square Rezoning. Ordinance No. 52-84, relative to rezoning a 9.4-acre parcel, subject to SAD (Spe- cial Activities District), is before Council for consideration on Second and FINAL Reading. The property is located at the northeast corner of Linton Boulevard and Congress 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. 52-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES DISTRICT), BEING A 9.4 ACRE PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, SAID LAND LYING AND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDI- TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR LAPSING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-84 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. Mrs. Charlotte Map, 1320 S. Congress Avenue, and Mr. Mark David, 1700 Dover Road, spoke in opposition to the rezoning. Mr. David Street, President of Delray Estates, and Mr. Sam Schwimer, Pines of Delray, spoke in favor of the rezoning. The public hearing was closed. - 4 - 8/14/84 Mr. Wayne Peterson, Congress Associates, developers of the proposed project, stated they will be building an aesthetically pleasing center in terms of architecture, materials and landscaping. This devel- opment will also provide an economic boost for local business people, create jobs and increased revenues for the City. In closing, he stated they intend to build what they say they will build; a quality, aesthet- ically beautiful center which will become a standard for future develop- ments in Delray and he requested that Council reaffirm their vote of confidence. Mr. Bird moved for the adoption of Ordinance No. 52-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated as time goes on they will modify the Land Use Plan again and again, hopefully always to make it better. He hopes as this City continues to mature we will see changes and that they will be quality developments which will enhance our way of life and provide jobs for our citizens. Vice-Mayor Weatherspoon stated he is also concerned about the job situation in our community and he views this project as another means of providing additional jobs and revenue for the City. There will be a traffic problem at first; however, with the widening of Linton Boulevard he hopes this will help alleviate that problem. At this point the roll was called to the motion. Mayor Campbell returned to the Council Chambers at this time. 9. Ordinance No. 56-84 - Amendin~ Code - Transmission and Storage Fees. Ordinance No. 56-84, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to transmission and storage fees for all new users, 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. 56-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACh, FLORIDA, AMENDING CHAPTER 29 "WATER AND SEWERS", ARTICLE II, "WATER SERVICE", DIVISION 1, "GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 29-33, "TRANSMISSION AND STORAGE FEES", TO ESTABLISH TWO SEPARATE AND DISTINCT FEES TO BE CHARGED TO ALL NEW USERS, BOTH INSIDE AND OUTSIDE THE CITY, OF THE CITY'S WATER SYSTEM ON A PER RESIDENTIAL DWELLING UNIT BASIS, OR ITS EQUIVALENT, TO REFLECT THE SHARE OF CONSTRUCTION COSTS TO INSTALL ADE- QUATE TRANSMISSION LINES, GROUND STORAGE TANKS , AND REPUMPING FACILITIES IN CONFORMANCE WITH THE CITY'S WATER MASTER PLAN AND OTHER CAPITAL IMPROVEMENTS OR FOR PLEDGED IMPACT FEES; PROVIDING FOR A LIMITATION ON THE USE OF SAID FEES; PROVIDING FOR PAYMENT OF SAID FEES PRIOR TO AUTHORIZATION TO CONNECT TO THE CITY'S WATER SYSTEM; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-84 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. - 5 - 8/14/84 Mr. Bird moved for the adoption of Ordinance No. 56-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - 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: 10. Tent Permit Request - Daughter of Zion Seventh-Day Adventist Church. Council is to consider a request for a 40x60 foot tent to be erected at the Daughter of Zion Seventh-Day Adventist Church located on S.W. 10th Street and S.W. 6th Avenue from August 14 through August 28, 1984. Approval is recommended. 11. Amended Letter of Agreement. Council is to consider au- thorizing execution of Amended Letter of Agreement between the City and Palm Beach County to provide for an additional $140,000 to be appro- priated to the City from the Jobs Bill Program to complete improvements to N.W. 5th Avenue. Approval is recommended. 12. Amended Final Plat Approval - Rainberry Estates. Council is to consider a request to amend the approved final plat for Rainberry Estates, a 69-unit single family subdivision. The purpose of this amended plat is to correct a number of mathematical errors. The prop- erty is located on the west side of Davis Road between Rainberry Bay and Lone Pine Road. Approval is recommended. 13. Water Service Outside the City - George E. and M. Lee Powell. Council is to consider execution of a water service agreement with George E. and M. Lee Powell for property located on the east side of Dixie Highway between S.E. 10th Street and Collins Avenue. It is designated CG (General Commercial) in the County and MF-10 (Multiple Family) on the City' s Land Use Plan. This was approved 4-0 by the Planning and Zoning Board. 14. Lease of Rental Cars. Council is to consider authorizing execution of a lease for rental cars for Police Department. Approval is recommended. 14.a. One-half Ton Van. Council is to consider award of a con- tract to Bill Wallace Ford in the amount of $11,881.92 for a 1984 one- half ton Van to be used for inventory warehouse. Funds are to come from 1983-84 Purchasing and Public Utilities budgets. Approval is recom- mended. 15. Lawn and Turf Chemicals. Council is to consider award of contracts for lawn and turf chemicals for the Parks & Recreation Depart- ment and the Municipal Golf Course to Southern Mill Creek, Woodbury Chemicals and Sunniland Vendors, based on low bid and availability of product. Contingent on current bid prices, the cost will be approx- imately $30,538 between the three vendors over a one year period. Funds are to come from the Parks & Recreation and Golf Course 1984/85 budgets. Approval is recommended. 16. Iron Sludge Removal. Council is to consider award of a contract to the City's present vendor and only bidder, HES Transport, Inc., for iron sludge removal at the Water Treatment Plant. The ex- pected annual expense will be approximately $30,000 to $40,000, with funds to come from the 1984-85 Sludge Hauling budget. Last year's contract with HES was 3.5C/gallon and this year's quoted price is 3.1C/gallon. Approval is recommended. 18. Annexation Request - South of Linton Boulevard between Congress Avenue and 1-95 (McNamara Enterprises). Resolution No. 60-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 2.268-acre parcel to be annexed from CG (General Commercial) (County) to LI (Light Industrial) (City), is before Council for con- sideration. - 6 - 8/14/84 The caption of Resolution No. 60-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG-GENERAL COMMERCIAL TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 60-84 is on file in the official Resolution Book) 19. Nuisance Abatement. Resolution No. 62-84, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on eight parcels, is before Council for consideration. The caption of Resolution No. 62-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCUR- RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (Copy of Resolution No. 62-84 is on file in the official Resolution Book) Mr. Bird moved for the adoption of the Consent Agenda less item 17, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 17. Parkin~ Vehicles in Residential Districts. Council is to consider suspending enforcement of Section 30-20 of the Code of Ordi- nances dealing with the parking of vehicles in residential districts. Mr. Jackel stated it is his understanding that the intent of Council was to suspend enforcement only so far as City action was con- cerned, not citizens' complaints. The City would not go out of its way to enforce the present ordinance until the Planning and Zoning Board come back with a rewritten ordinance. Mrs. Elizabeth Matthews stated it appears to her, the way this item is worded, that the City will be without any enforcement for some time; it does not state how long the suspension will be in effect. If enforcement upon complaint were to be applied, the administrator might set priorities. Some people who have trucks need them for their livelihood and yet, in other parts of town, trucks are unattractive and people object to them. She feels Council could, on an enforcement basis, by recognizing the differences in various parts of the community, set priorities and decide what should be enforced. Mayor Campbell stated the concern with regard to this motion is what to do with those people who now have pending matters before the Code Enforcement Board. - 7 - 8/14/84 Mr. Bird suggested that Council (1) reaffirm the existing ordinance as being the ordinance on vehicles in the City, (2) set prior- ities regarding what violations should be cited first and (3) perhaps relook at zoning to see if there are some segments in the City that would be well served by reconsideration of their zoning category. This would protect those people who find trucks offensive and provide flex- ibility for those who have trucks and it is a matter of economic surviv- al. He feels this would allow the ordinance to exist and be maintained on the basis that they will enforce violations of parked vehicles but only after they take care of trash and building violations and street repairs. Mrs. Horenburger stated she would like to amend the ordi- nance so that screening materials and height is addressed. She would also like to have the language tightened up where an automobile might be considered a recreational vehicle. It was the consensus of Council to instruct the Administra- tion to amend the ordinance to address screening materials and height and have the actual proposed changes brought to workshop. 20. Golf Course Maintenance Building. Council is to consider award of a contract for paving and drainage project at the Golf Course maintenance building to the low bidder, Campanella Corporation in the amount of $44,644, with funds to come from the Golf Course Insurance Reserve. Approval is recommended. Mr. Bird moved to award a contract for paving and drainage project to Campanella Corporation in the amount of $44,644, funds to come from the Golf Course Insurance Reserve, seconded by Mr. Jackel. Said motion passed unanimously. 21. Isuzu Motors - Annexation, Rezonin~, Conditional Use, Site Plan Approval. Council is to consider a request for annexation of a 0.70-acre parcel, subject to SAD (Special Activities District) and the further conditional use and site plan approval for Isuzu Motors, a proposed automobile dealership. The subject property is located at the southeast corner of the intersection of Avenue "L" and South Federal Highway. In the County it is zoned CG (General Commercial), in part, and RM (Residential Medium Density) in part. It is designated C (Com- mercial), in part, and MF-6 (Multiple Family), in part, on the City's Land Use Plan. The Planning and Zoning Board recommends denial (4-2 vote with Ellis and Carey dissenting) for the following reasons: (1) This site is too small to effectively accom- modate the development of a car dealership. As a result of such a small site, the car display area is extremely limited, leading to the pos- sibility that customer parking will be ap- propriated for additional display area which will likely result in parking and traffic prob- lems; (2) This request is not consistent with the Land Use Plan. It is felt that car dealerships should be restricted to that part of South Federal Highway lying between Linton Boulevard and Avenue "L"; (3) The proposal to store cars on property on the west side of Federal Highway is an unreliable solution to this project's space problems; and (4) The reasons stated in the Engineering Division's memorandum of July 10, 1984. The City Attorney advised that as per our procedures, since the Planning and Zoning Board recommended denial, no ordinance appears on the agenda. If it is Council's intent to grant the approval, then the ordinance will be drafted and placed on the next regular meeting's agenda. Mr. Ron Godfrey, representing the owner, stated they feel the Isuzu dealership would be compatible to the area and the property would be greatly improved with this new facility. They also feel the traffic situation for the dealership would be minimal; there will only be 20 to 25 cars a day going in and out of the site. - 8 - 8/14/84 Upon question by Mayor Campbell, Mr. Carey, member of the Planning and Zoning Board, stated it was the consensus of the Board that the land would be insufficient for the storage of automobiles, the parking of customers and employees parking. Mr. Godfrey stated that Mr. Nassif, owner of this property, has approached the owner to the east and has entered into a purchase agreement for the four adjacent lots. Mr. Nassif does not feel he needs these lots now; however, they could be added to the site plan at a later date. Upon question by Mayor Campbell, Mr. George Nassif, owner of the property, stated he would be willing to have this property subject to a Unity of Title. Mayor Campbell stated, with this additional prop- erty, he would have no objection to the dealership so long as it could be expanded. He would also expect Mr. Nassif to place a heavy tree line between the commercial property and the residential property. The City Attorney advised this item does not have to go back to the Planning and Zoning Board; however, he would suggest that the applicants get with the Director of Planning to get the standard form of conditions needed to put in ordinance form. The site plan may also have to be revised to reflect the Unity of Title. Mr. Bird moved that staff be directed to draw up the SAD ordinance subject to Unity of Title and the buffered landscape require- ments between the commercial and residential area, seconded by Mr. Weatherspoon. Said motion passed unanimously. The City Manag%r advised that the Planning Department has requested item 22, Ordinance No. 55-84 - Zoning Ordinance Amendment - Special Setback Requirements, be deferred until the next regular meet- ing. 23. Ordinance No. 57-84 - Emerald Lake of Delray, Inc. Ordi- nance No. 57-84, relative to rezoning a 7.01-acre parcel from RM-6 (Multiple Family) District to LI (Light Industrial), located on the north side of S.W. 10th Street between S.W. 12th Avenue and S.W. 15th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 57-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 9 THROUGH 16, INCLUSIVE, BLOCK 4; LOTS 2 THROUGH 13, INCLUSIVE, BLOCK 6; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 8, ALL AS CONTAINED IN REPLAT OF DELRAY BEACH HEIGHTS EXTENSION, SECTIONS A AND B, AS RECORDED IN PLAT BOOK 28 AT PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 12TH AVENUE AND S.W. 15TH AVENUE; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Hr. Bird moved for the adoption of Ordinance No. 57-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 24. Ordinance No. 58-84 - Chan~in~ the City's Land Use Plan Designation - Emerald Lake of Delra¥, Inc. Ordinance No. 58-84, rel- ative to changing the City's Land Use Plan Designation in the Comprehen- sive Plan for Emerald Lake of Delray, Inc., located on the north side of S.W. 10th Street between S.W. 12th Avenue and S.W. 15th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 25th. - 9 - 8/14/84 The City Manager presented Ordinance No. 58-84: 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 LOTS 9 THROUGH 16, INCLUSIVE, BLOCK 4; LOTS 2 THROUGH 13, INCLUSIVE, BLOCK 6; LOTS 1 THROUGH 14, INCLUSIVE, BLOCK 8; ALL AS CON- TAINED IN REPLAT OF DELRAY BEACH HEIGHTS EXTENSION, SECTIONS A AND B, AS RECORDED IN PLAT BOOK 28 AT PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LO- CATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 12TH AVENUE AND S.W. 15TH AVENUE, FROM MF-6 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 58-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 25. Ordinance No. 59-84 - McNamara Enterprises, Inc. Ordinance No. 59-84, relative to annexing a 2.268-acre parcel subject to LI (Light Industrial), located south of Linton Boulevard between Congress Avenue and 1-95, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 25th. The City Manager presented Ordinance No. 59-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND 1-95; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 59-84 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated he has a specific caveat on this land; he feels it would be appropriate to zone it anything other than LI. He would like staff to relate his concerns on to the applicants and meet with them before second reading. Mr. Bird stated he would entertain a PCC or POI designation if that is more appropriate. He would like this consideration also passed on to the applicants. At this point the roll was called to the motion. Mayor Campbell stated that items 26 through 31 all relate to limiting terms on Boards to no longer than four years, i.e., two two- year terms each. Before they adopt these ordinances, he feels it would be appropriate to adopt a resolution of intent that not only these boards, but all boards, be subject to the general policy. That policy being that no one could be appointed to more than two consecutive terms, those terms being two years each. Where a term could not be adjusted by ordinance it was the intent there would be no service longer than four years or less, which ever should_c~e_first. 8/14/84 Mrs. Horenburger moved to adopt a resolution of intent as stated by Mayor Campbell, seconded by Mr. Bird. Before roll call the following discussion was had: Mr. Bird stated his understanding is that in those cases where they could not amend the terms by ordinance, or for those who are already serving on boards, that they would review their specific cir- cumstance on the expiration of their current term. Mrs. Horenburger stated she would like to see the terms limited to four years; however, if it is going to confuse the issue with regard to people who are currently serving unexpired terms, she would like to amend her motion. Mr. Bird suggested, as a Council policy, that they limit terms on City boards to two consecutive terms not to exceed four years and for this policy to be implemented at the expiration of currently serving members. The City Attorney stated, with regard to the DDA and the DHA, they are not going to be able to modify their terms or durations as they come under State Statute and Special Act. As a Council policy, as to four year terms which are established by Statute or Special Act, he suggested that no current members or future appointees shall be appoint- ed more than one time. The ordinances before Council are written so that they will become applicable to current members as well as all future appointees; if a person has been on the P&Z Board for 12 years, he is not eligible for reappointment when his term comes up. However, this would not revoke their current membership. Mayor Campbell and Mrs. Horenburger stated that was not their intent as to when the ordinances should become effective. They do not feel that if someone was recently appointed to a three year term that they serve that term and then the two year policy goes into effect. Mr. Bird suggested they insert, in the ordinances before Council, that the current term of office shall be limited to two years commencing the date of appointment. Mrs. Horenburger withdrew her motion, Mr. Bird withdrew his second. Mayor Campbell clarified that with regard to the two year terms, they are limiting the terms by ordinance to two years to the boards specified. The intent of Council shall be not to appoint anyone to more than two consecutive terms, including current terms. With regard to the DDA and the DHA, they cannot serve more than two con- secutive terms. Mr. Jackel stated he feels they are doing a disservice to the people who have served the City on boards and committees. They will be eliminating people who have served well and who have a great deal of expertise. He does not object to reducing the terms to two years; however, he does not feel they should be limited to two terms. Mrs. Horenburger stated she feels it is good government for people to move from board to board and spread their contributions around. The City Attorney stated that with regard to Section 4 of the ordinances, the language could read "that this ordinance shall become effective ten (10) days after its passage on second and final reading; and as to the two (2) year term limitation amendment set forth herein, it shall be applied to current board members on their appro- priate appointment anniversary dates when the two year limitation is reached or if said two year limitation has already been exceeded; and as to the limitation on successive terms set forth herein, it shall be applicable to both current members and for all future appointments or reappointments." - 11 - 8/14/84 Mayor Campbell suggested if this is going to be their pol- icy, they first propose a motion of intent, saying that no one on any board shall serve more than two consecutive terms, except for the DDA and the DHA. Mr. Bird moved to adopt the motion of intent as stated by Mayor Campbell, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 26. Ordinance No. 60-84 - Amended Code - Board of Construction Appeals. Ordinance No. 60-84, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances limiting the duration of terms of office on the Board of Construction Appeals from three years to two years and that no member may serve more than two successive terms, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 60-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CON- STRUCTION'' , ARTICLE XVII , "BOARD OF CONSTRUCTION AP- PEALS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACh, FLORIDA, BY AMENDING SECTION 9-564, "TERMS OF OFFICE; REMOVAL; VACANCIES", TO LIMIT THE DURATION OF TERMS OF OFFICE FROM THREE (3) YEARS TO TWO (2) YEARS; PROVIDING FURTHER THAT NO MEMBER MAY SERVE MORE THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 60-84, as amended with regard to Section 4, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 27. Ordinance No. 61-84 - Amending Code - Planning and Zoning Board. Ordinance No. 61-84, amending Chapter 19 "Planning and Zoning Generally" of the Code of Ordinances relative to reducing the duration of terms in office from three years to two years for the Planning and Zoning Board and that no member may serve more than two successive terms, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 61-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA , AMENDING CHAPTER 19, "PLANNING AND ZONING GENERALLY" , ARTICLE 1 , "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 19-3, "APPOINTMENT OF BOARD; TERM OF OFFICE", TO REDUCE THE DURATION OF TERMS IN OFFICE FROM THREE (3) YEARS TO TWO (2) YEARS; PROVIDING FURTHER THAT NO MEMBER MAY SERVE MORE THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 61-84 on First Reading, as amended with regard to Section 4 , seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. - 12 - 8/14/84 28. Ordinance No. 62-84 - Amending Code - Internal Audit Commit- tee. Ordinance No. 62-84, amending Chapter 2 "Administration" of the Code of Ordinances relative to providing for limitation on successive terms to two terms on the Internal Audit Committee, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 62-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 , "ADMINISTRATION" , ARTICLE IV, "INTERNAL AUDIT COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY A~IENDING SECTION 2-71, "TERMS OF OFFICE", TO PROVIDE FOR A LIMITATION ON SUCCESSIVE TERMS TO TWO (2) TERMS ON THE INTERNAL AUDIT COMMITTEE; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 62-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 29. Ordinance No. 63-84 - Amending Code - Community Appearance Board. Ordinance No. 63-84, amending Chapter 9 "Buildings and Con- struction'' of the Code of Ordinances to provide that no member of the Community Appearance Board may serve more than two successive terms, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 63-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE IX, "COMMUNITY APPEARANCE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9- 337, "BOARD CREATED; MEMBERS, TERMS, APPOINTMENTS", TO PROVIDE THAT NO MEMBER MAY SERVE MORE THAN TWO (2) SUCCESSIVE TERMS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 63-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 30. Ordinance No. 64-84 - Zoning Ordinance Amendment - Board of Adjustment. Ordinance No. 64-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to reducing the number of alternates com- posing the Board of Adjustment from five to two, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 64-84: - 13 - 8/14/84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING ORDINANCE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-25, "BOARD OF ADJUST- MENT'', SUBSECTION (B), "COMPOSITION, COMPENSATION, TERMS, VACANCIES", TO REDUCE THE NUMBER OF ALTERNATES COMPOSING THE BOARD FROM FIVE (5) TO TWO (2) ALTERNATE MEMBERS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised this ordinance and the following one do not deal with the successive term or two year limitation. Mr. Bird moved for the adoption of Ordinance No. 64-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 65-84 - Amending Code - Code Enforcement Board. Ordinance No. 65-84, amending Chapter 2 "Administration" of the Code of Ordinances to broaden the requirements for the qualification of members of the Code Enforcement Board, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 65-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE VI , "CODES ENFORCEMENT", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-104, "CODES ENFORCEMENT BOARD ESTABLISHED ", SUBSECTION (b), "QUALIFICATION OF MEMBERS" TO BROADEN THE REQUIREMENTS FOR THE QUALIFICATION OF MEMBERS ON THE BOARD; AND BY AMENDING SUBSECTION (d), "VACANCIES AND REAPPOINTMENT", TO CORRECT A TYPOGRAPHICAL ERROR; PRO- VIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 65-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 32. Ordinance No. 66-84 - Site Plan Modification - South Delray Shopping Plaza, Phase II. Ordinance No. 66-84, amending Ordinance No. 64-83 which established a SAD (Special Activities District) for South Delray Shopping Plaza, Phase II relative to conversion of 16 duplexes (32 units) to a 40-unit multiple family project being developed, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 28th. The City Manager presented Ordinance No. 66-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO. 64-83, WHICH ESTABLISHED AN SAD (SPECIAL ACTIVITIES DISTRICT) FOR PROPERTY LOCATED NORTH OF AVENUE "L" , BETWEEN FLORIDA BOULEVARD AND SOUTH FEDERAL HIGHWAY, BY ENACTING A NEW SUBSECTION (n) RELATIVE TO THE RESIDENTIAL PORTION OF THE SITE PLAN ALLOWING THE CONVERSION OF THE 16 DUPLEX STRUCTURES (32 UNITS) TO A 40 UNIT MULTIPLE FAS~ILY PROJECT BEING DEVELOPED IN ACCORDANCE WITH THE - 14 - 8/14/84 CONDITIONS LISTED IN PARAGRAPHS (a) THROUGH (m) OF ORDI- NANCE NO. 64-83, EXCEPT AS MODIFIED TO: (1) CHANGE THE PLAT NAhE TO SOUTH DELRAY SHOPPING PLAZA, PHASE II, (2) APPROVAL OF WATER AND SEWER SYSTEM LAYOUT BY PUBLIC UTILITIES DEPARTMENT, AND (3) PROVIDING REQUIREMENTS FOR INTERIOR TREES; BY REPEALING SECTION 3 AND ENACTING A NEW SECTION 3 RELATIVE TO REDESIGNATING THE APPROVED SITE PLAN AND COMPLETION OF THE PROJECT IN ACCORDANCE WITH THE APPROVED SITE AND DEVELOPMENT PLANS; SAID LAND BEING ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 66-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Jackel requested that the City Manager be directed to write letters to those persons serving on more than one board requesting they pick a board of their choice and resign from the other board. Mayor Campbell suggested that rather than write letters he will call the persons involved. The City Attorney stated that serving on two boards is only improper in some of the boards' cases. Mr. Bird stated another problem with the boards is attend- ance. He feels it would be appropriate for Council to consider a policy which states that three consecutive absenses from scheduled meetings, not excused by Council, shall constitute a resignation. 33. Waste Management Increase in Fees. The City Manager stated there was one item inadvertently left off tonight's agenda relative to the Waste Management increase fee. It should have been on the agenda for Council to indicate its approval for the City to absorb the additional cost. Mr. Bird moved to amend the agenda to include one additional item, Item 33, to be the Council formal action on the absorbing of the additional costs from Waste Management, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird moved to approve the absorbtion of that cost by the City without increasing fees, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Campbell declared the meeting adjourned at 9:40 P.M. ATTEST: ~-- MAYOR - 15 - 8/14/84 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 August 14, 1984, which minutes were for- mally approved and adopted by the City Council on~~.~2~.~ /~. - City C l~e rk 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. - 16 - 8/14/84