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12-16-80 DECEMBER 16, 1980 A regular meeting of the City Council of the~C~ty of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, December 16, 1980, 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 Mayor Weekes. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Bird moved for the approval of the minutes of the regular meetings of November 25, 1980 and December 2, 1980, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Members of City Council extended their well wishes for the holiday season. Mrs. Durante read a resolution pertaining to the holidays. 4.b.1. Mayor Weekes reported on the soccer program. He has been working toward the lighting of Merritt Park; it is obvious now that they are not going to get it lit for this winter season. Dr. McOwen worked out an arrangement with Atlantic High School to permit the use of their field an extra night; Atlantic is already permitting the use twice a week and the School Board pays the expenses for those two nights. There is a possibility that the City might be required to pay the electrical expense of the lights for that third night. The cost would be a maximum of $35.00 per night for one night a week from mid-December through April or a maximum of $600.00 for the e~ire period. He requested Council to authorize the payment of the electrical fees if they are required by the School Board. Mr. Bird moved to authorize the payment of the electrical fees if required by the School Board, seconded by Mrs. Durante. Said motion passed unanimously. 5.a.1. Mr. Robert Golden, 731 N.W. 24th Avenue, Rainberry Bay, spoke on behalf of 260 people who have signed a petition asking for recon- sideration of the metered beach parking. They accept the principle that City recreation facilities should be self-supporting; however, the beach is Delray's main attraction. Every resident benefits from the existence of the beach but no one benefits more than those who live closest to it. It isn't fair to exempt beach property owners who do not have to drive to the beach to enjoy it. They oppose a plan which fails to consider that residents are already paying more than 80% of beach maintenance costs through taxes. It may be appropriate that the additional 20% be paid for through parking meter fees for non-residents only. They ask that Council reconsider the parking meter resolution and consider having parking stickers which can be purchased by City residents at a nominal annual fee. Delray Beach residents should be entitled to the privilege of parking close to the beach with minimal inconvenience and cost. 5.b.1. Mr. Sam Schwimer presented a petition signed by residents of the Pines of Delray and supported Mr. Golden's statements regarding meters and parking areas near the beach. He added that there are a lot of people in Delray Beach who have no income other than Social Security and for whom the payment of parking meters would be a hardship. 5.c.1. Mrs. Rita Shaikun of Rainberry Woods Homeowners Association stated that she has expressed her opinion about parking meters to the Council before. Most points in opposition of the meters have been covered already. She added that they are not utilizing what they have; there are no special spaces on A1A for compact cars or motorcycles. She suggested two or three tier parking and asked that Council look into it. She noted that Sandoway Park has larger spaces than the other two parks; parking should be maximized. They are paying a large tax for this beach while visitors and people living west of town don't pay these taxes. She asked for exact wording on what the law is pertaining to the beach. 31° Mayor Weekes reported that he has three petitions; one from High Point of Delray Beach with over 100 names on it; one from Pines of . Delray with about 40 to 60 names on it!.~and one from Rainberry Bay with about 200 names on it. Mr. Scheifley stated that he agrees with the comments made. If they could possibly reserve two parks for residents, he would be in favor of it; however, it is legally impossible. Mrs. Durante sympa- thized with the statements made by residents tonight and suggested that Council consider the possibility of having Cotran do some beach runs to get some people from residential neighborhoods to the beach. Mayor Weekes replied that they could talk to the Director of Cotran to see what kind of transport service could be arranged. Mr. Schwimer Stated that Cotran does have buses ~unning to the beach about four times a day from Kings Point coming east. Mrs. Durante replied that she is suggesting having some special runs to the beach. 5.d.1. Mrs. Eleanor Golden of Rainberry Bay stated that there is no way that people who have reached their point in life can go to the beach without taking their beach chairs and umbrellas; that is not possible on a bus. The tolls they would have to pay for a bus is another consider- ation. She feels that this whole thing is very unfair to the residents of Delray Beach. 5.e.1. Thelma Brumberg asked why the residents of Delray Beach cannot have permits and park at the meters. Mayor Weekes replied that the permits, by law, would have to be made available to everyone, wherever they come from, and he explained that this is because their beach was restored with Federal, State and County funds. The City Attorney elaborated further on the conditions of the grant funds. Mr. Scheifley noted that they have explained this over a dozen times and he recommended that this be publicized in some way so that everyone is aware that the City cannot legally do what they are asking. Mrs. Shaikun stated that she understands these restrictions; however, she maintains that if the City issues permits and makes them available to all people who use the beach, many people would not bother to buy them. Mayor Weekes replied that that possibility may have some. merit to it and they will look into it. 6.a. The City Manager had no items to submit. 6.b. The City Manager reported that it is recommended that all items on the consent agenda be approved as written and noted that in item 6.b. (3), it is recommended that Virginia Cady be appointed as an alternate member to the Civil Service Board to a term ending July 1, 1983. CONSENT AGENDA (1) As discussed at the workshop meeting on December 9th, Council is to consider authorizing execution of Change Order No. 1 between the City and Arthur V. Strock & Associates, Inc. to provide full engineering inspection services for the construction of the Island Drive Bridge. Originally it was planned to have the Engineering Department perform this work, however, due to a reduction in staff and an increase in work- load, execution of this change order is made advisable. The engineering inspection will be paid for on an hourly basis and the amount will not exceed $3,920, with funds to come from the General Fund Contingency Ac- count. (2) As discussed at the December 9th workshop meeting, Council is to consider authorizing execution of a quit claim deed from the City to Bredin Realty Company of a 10-foot strip of land at Tahiti Cove, west of Venetian Drive on the eastern edge of the Intracoastal Waterway. (3) As discussed at the workshop meeting on December 9th, Council is to consider the appointment of Virginia Cady as an alternate member of the Civil Service Board to the unexpired term of Joel Smith ending July 1, 1983. Mr. Smith was previously elevated to regular member status. - 2 - 12/16/80 ,,.111 (4) The City is in receipt of an application from Gulfstream Lodge, Inc. for City water service to serve 2713 North Federal Highway, two blocks south of Gulfstream Boulevard, which is outside the City. The property is presently being used as a restaurant, gasoline filling sta- tion and motel and the proposed use is for the same. It is recommended that Council approve execution of the City's standard water service/an- nexation agreement, which will permit the City to provide the requested water service to the applicant. (5) Resolution No. 102-80 to ratify and confirm prior contract negotiations and to award a contract to Palm Beach County in the amount of $4,762.35 for the purchase of a traffic controller preemptor provid- ing a red signal for N.E. 8th Street traffic upon the approach of a train is before Council for consideration. Florida East Coast Railroad advised that there was no preemption for trains going through the N.E. 8th Street crossing and the City could be held at fault in the event of an accident. The equipment will be installed by the Department of Transportation when the Federal Highway signals are upgraded. In the interim, it was felt that a temporary preemptor should be placed to warn motorists. It does not meet the traffic manual standards but on an interim basis it will provide the service we need. This was referred to workshop from the regular meeting on October 28th and discussed at workshop meetings on November 4th, November 18th and December 9th. The caption of Resolution No. 102-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO RATIFY AND CONFIRM PRIOR CONTRACT NEGOTIATIONS AND TO AWARD A CONTRACT FOR THE PURCHASE OF A TRAFFIC CONTROLLER PREEMPTOR PROVIDING A RED SIGNAL FOR N.E. 8TH STREET TRAFFIC UPON THE APPROACH OF A TRAIN. (Copy of Resolution No.~_102-80 is on file in the official Resolution Book) (6) Resolution No. 116-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural)(County) to R-1AA (Single Family Dwelling) District (City), located at the southwest corner of Barwick Road and Palm Ridge Boulevard, is before Council for consideration. Council directed the City Attorney to prepare the resolution at the December 2nd workshop meeting. The caption of Resolution No. 116-80 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 TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AG (AGRICULTURAL) TO THE CITY'S ZONING CLASSIFICATION R-1AA (SINGLE FAMILY DWELLING) DISTRICT. (Copy of Resolution No. 116-80 is on file in the official Resolution Book) (7) The following bids have been received to repair the roof of the Gleason Bath House: Bidder Quotation Mar Chemical Corporation $3,613.00 General Caulking & Coatings Co., Inc. 4,200.00 Western Waterproofing Co., Inc. 5,370.00 It is recommended that the contract be awarded to the low bidder, Mar Chemical Corporation, in the amount of $3,613 by passage of Resolution No. 117-80 with funding to come from budgeted funds. This was discussed at the workshop meeting on December 9th. - 3 - 12/16/80 The caption of Resolution No. 117-80 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT TO MAR CHEMICAL CORP., FOR APPLICATION OF ELESTIC WATERPROOFING MEMBRANE TO RE- PAIR THE ROOF OF GLEASON BATH HOUSE. (Copy of Resolution No. 117-80 is on file in the official Resolution Book) Mr. Bird moved for approval of the consent agenda, 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. REGULAR AGENDA 6.c. The City Manager reported that a request has been received for final plat approval for Linton Woods, which consists of 25 units on 1.69 acres. This property is located on the east side of Federal Highway be- tween Linton Boulevard and S.E. 10th Street and is zoned RM-15 (Multiple Family Dwelling) District. The Planning & Zoning Board, at a meeting held on December 15th, recommended approval by a unanimous vote. Mrs. Durante moved that Council sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. 6.d. The City Manager reported that a request has been received that the conditional use and site and development plan approval for Old Harbor Plaza, which expires on March 26, 1981 be extended for six months until September 26, 1981. This ~l~roperty is located at the northeast corner of U.S. No. 1 and Linton Boulevard and is zoned SAD (Special Activities) District. The Planning & Zoning Board, at a meeting held on December 15th, recommended approval of the applicant's request. Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. The City Manager reported that a hearing has been scheduled pursuant to Section 13-18 of the Code of Ordinances for considering Attorney William F. Maher's request to the City to contest finding of a violation of Section 13-15 of the Code of Ordinances on the property of the Estate of Thomas F. Fleming, Jr. and George Coury Trust at Barwick Road and Lake Ida Road. Council may uphold the Administration's finding that a violation exists, modify the finding or overturn the finding. 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. Ray Ricker, Building Inspection Department, stated that there is a violation of a six foot bearm around the property; it was put in to keep vehicles out because people were dumping trash there. The City Code calls for no more than a three foot bearm. He showed Council members pictures of the area. The bearm is on the edge of the property on the three sides that face Tall Pines, Lake Ida Road and Barwick Road. This violation was brought to their attention as the result of a com- plaint. Bill Maher, attorney for the property owners, stated that several months ago the owners received a notice from the County Health Department that large quantities of trash were being dumped on the prop- erty. Under the Statute, it appeared that the property owner is respon- sible to keep the property free of debris. The County was going to impose penalties for having refuse dumped on the property and the only way they could prevent it was by putting up a bearm. Now the City has a problem with the bearm. Unfortunately, a three foot bearm will probably not stop these vehicles from getting in; the six foot bearm appears to be stopping them substantially. It appears that the property south of the L-31 Canal is going to be sold to a developer within the next 30 days and, if that goes through, the part of the bearm south of the L-31 Canal will probably be removed by the buyers in the course of develop- ment. - 4 - 12/16/80 Mrs. Durante stated that she can see the problem and the trash being dumped there is a worse eyesore than the bearm. She asked if growing some grass on the bearm would make it less objectionable. Mayor Weekes noted that bearms have been granted all over the City which are in excess of the height which is mentioned here. Mr. Maher stated that he doesn't know where the complaint came from and added that, perhaps, there is some way in which those parti- cular individuals could be satisfied. Upon question, Mr. Maher stated that he has not been before the Code Enforcement Board on this issue. Upon question by Council, the City Attorney stated that the enforcement procedure for this particular ordinance is to come before the Cit~Council. Mr. Bird suggested that they instruct the City Attor- ney to change th~t'procedure. Mr. Maher stated that people come in there with truckloads of trash and if they could have some assurance that this would stop, they might consider putting up a hedge. Upon question by the City Manager, Mr. Maher replied that a three foot bearm wouldn't work. Chris Gerlick of the County Health Department stated that signs and three foot bearms won't work. He had the same problem; he posted over 100 signs and 50% of them are under a truck somewhere. The City Attorney advised Council that they are not required to make a decision tonight. Council can render a decision within a reason- able period of time. The public hearing was closed. It was the consensus of Council to take this under advisement and reconsider it at the next regular City Council meeting on January 13, 1981. 7.a. Mayor Weekes acknowledged the minutes of the Beautification Committee meeting of November 5, 1980 and noted that there is an item for Council attention. A motion was made and seconded that the Commit- tee was in support of as much effort as the City Administration could make to combat lethal yellowing, especially in the City parks and at the beach, and that an attempt be made to identify the trees that have a 75% chance of survival. The motion was passed unanimously by the Committee. 8.a. The City Manager reported that the following quotations have been received to sell the City a 1250 G.P.M. pumper for the Fire Depart- ment: Bidder Quotation W.Q. Dowling Fire Equipment $92,341.00 Emergency One Keystone Heights, FL American LaFrance, Inc. 96,859 Elmira, NY (4 items do not meet specs) Fire & Rescue Apparatus (Bid A) 75,500 Quality Manufacturing, Inc. (14 items do not meet specs) Coral Springs, FL (Bid B) 78,595 (9 items do not meet specs) It is recommended that the purchase award be made to W.Q. Dowling Fire Equipment Emergency One in the amount of $92,341, the only bid which meets all City specifications, with financing to come from the General Obligation Bonds, Series, 1980, by adoption of Resolution No. 100-80. This was discussed at the regular Council meeting on October 28th and at the November 4th, December 9th and December llth workshop meetings. The City Manager presented Resolution No. 100-80: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A 1250 G.P.M. PUMPER FOR THE FIRE DEPARTMENT. - 5 - 12/16/80 The City Manager reported that as requested by Council at the workshop meeting last Thursday, he made contact with the bidder who said that sixty days is the normal delivery period; however, it is usually closer to ninety days than sixty days. Mr. Bird moved that this item be tabled until such time as a management consultant has had an opportunity to review this and come forward with a recommendation, seconded by Mr. Young. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - No; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - No. Said motion failed with a 3 to 2 vote. The City Manager advised Council that there would be no harm in tabling this item. ?~ .~ Mrs. Durante moved to reconsider the motion to table, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - No; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 8.b. The City Manager reported that Ordinance No. 64-80 relative to annexing an 18-acre parcel of land located in Section 25-46-42 on the west side of the E-4 Canal, between Germantown Road and the L-37 Canal is before Council for consideration on Second and FINAL Rading. This ordinance was passed on First Reading at the November 10th meeting. 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. 64-80: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, LOCATED ON THE WEST SIDE OF THE E-4 CANAL, BETWEEN GERMANTOWN ROAD AND THE L-37 CANAL, 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. 64-80 is on file in the official Ordi- nance 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 adoption of Ordinance No. 64-80 on Second and FINAL Reading, seconded by Mrs. Durante. 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. 8.c. The City Manager reported that Ordinance No. 69-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to adding rental and sales of modular buildings as a permitted use in the Light Industrial District. This ordinance was passed on First Reading at the November 25th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 69-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", BY AMEND- ING SECTION 30-14(B) "LI (LIGHT INDUSTRIAL) DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD RENTAL .AND SALES OF MODULAR BUILDINGS AS A PERMITTED USE IN SAID DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 6 - 12/16/80 (Copy of Ordinance No. 69-80 is on file in tha official Ordi- nance 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 passage of Ordinance No. 69-80 on Second and FINAL Reading, seconded by Mr. Scheifley. 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. 8.d. The City Mananger reported that Ordinance No. 70-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to boat slips is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25th meeting. 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. 70-80: 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 30-1, "DEFINITIONS", TO ADD A DEFI- NITION OF BOAT SLIP; AND BY AMENDING SECTION 30-17(G) "SUPPLEMENTARY REGULATIONS", TO ADD A NEW SUBSECTION 12 PERMITTING BOAT SLIPS AS STRUCTURES ALLOWED IN SETBACKS PROVIDED THEY ARE NOT BUILT CLOSER THAN TEN (10) FEET FROM ANY ABUTTING PROPERTY LINE NOR OCCUPY MORE THAN TWENTY (20) PERCENT OF T~U~ TOTAL LOT AREA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 70-80 is on file in the official Ordi- nance 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 passage of Ordinance No. 70-80 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. 8.e. The City Manager reported that Ordinance No. 71-80 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increasing the monthly charges for refuse pickup. This ordinance was passed on First Reading at the November 25th meeting. 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. 71-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-15 TO INCREASE THE MONTH- LY CHARGES FOR GARBAGE PICKUP FOR ALL CLASSIFICATIONS OF CUSTOMERS INCLUDING RESIDENTIAL, OFFICES AND COMMERCIAL CUSTOMERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 71-80 is on file in the official Ordi- nance 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. - 7 - 12/16/80 Sheila Tohn~ Rainberry Woods, asked if a study of outside bids has been made to consider turning over garbage collection to a private firm. Mayor Weekes replied that it is under study now. Ms. Tohn fur- ther stated that Rainberry Woods is classified as multiple family dwell- ings where easements for enclosed screen porches are concerned, but they are classified as private homes when it comes to taxes, garbage, sewer, etc. She asked how this double status can be condoned. The City Mana- ger replied that the tax assessor makes no distinction between those classes; he only considers the value of the proPerty. As for the gar- bage pickup, Rainberry Woods receives the same type of service as a single family residence would. Ms. Tohn stated that their homeowners association cannot afford to do its own polling in regard to curbside or backyard pickup. She asked why the rates for the small attached homes are the same for back- yard pickup as the rates for those large estates with long driveways. Mayor Weekes replied that they've been through this question a number of times; there is no possible way that every citizen can be treated the same under garbage collection. All the people in Rainberry Woods should place their garbage in front of their home and it will be cheaper. Ms. Tohn stated that they are supposed to be getting that now but half the time it isn't picked up. Mayor Weekes replied that this is an Admini- strative problem and should be addressed that way. Mr. Ray Groll, Tall Pines, stated that he spoke to the General Manager of County Sanitation, who has done their pickup for the last couple of years, and they are willing to do it for $4.00 a month; the City wants to charge $7.25. Mayor Weekes replied that the City is offering rear-yard pickup and County Sanitation is offering curb-side pickup. Mr. Groll clarified that all of the people in Tall Pines and in the Rainberrys have curbside pickup; they don't have backyards. Mayor Weekes stated that he thinks there should be a rate differential and he is willing to look into it. ~-- Mr. Sol Horn, 801 NW 26th Avenue, Rainberry Bay, asked about the difference between front and rear pickup. They do not have back- yards but they do have garages that face the street. Prior to July 1st, County Sanitation did pick up their rubbish; their contract with them stipulated that they place their rubbish at the curbside. He asked if they would be wrong if they now placed their garbage outside their garage door and. have the pickup men return the empty trash buckets there. Mrs. Durante replied yes, the current system is that they will pick up the garbage wherever you want to leave it. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 71-80 on Second and FINAL Reading, seconded by Mrs. Durante. 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. Before roll call the following discussion was had: Mr. Bird agreed with the people who want to save a few dollars by carrying the garbage out to the curb. If they do not go to a contract service, he would like to see this come back before them for their own consideration to change the fee for those who prefer to have front yard pickup. At this point the roll was called to the motion. 8.f. The City Manager reported that Ordinance No. 80-80, amending Chapter 26 "Traffic" of the Code of Ordinances relative to increasing the traffic fines from $2 to $5 is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 25th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. - 8 - 12/16/80 The City Manager presented Ordinance No. 80-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", BY AMEND- ING SECTION 26-78, "AMOUNTS OF PENALTIES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DE- LETING THE EXCEPTION FOR $2.00 FINES FOR OVERTIME PARKING AND NOT PARKING BETWEEN DESIGNATED LINES IN ORDER TO SET THE FINE FOR ALL PARKING VIOLATIONS AT $5.00 FOR EACH VIOLATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 80-80 is on file in the official Ordi- nance 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. Upon question from the audience, Council members replied that there is an extra $5 penalty for being late paying the fines. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 80-80 on Second and FINAL Reading, seconded by Mr. Scheifley. 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. 8.~. The City Manager reported that Ordinance No. 81-80 is before Council for consideration on Seco~cL and FINAL Reading. This ordinance, if passed, will amend Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to noise. This ordinance was passed on First Read- ing at the December 2nd meeting. 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. 81-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA- NEOUS'', ARTICLE II, "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 16-33, 16-34, AND 16-35 AND ENACTING A NEW ARTICLE II "NOISE CONTROL" PROVIDING FOR THE CONTROL OF SOUND AND VIBRATION ORIGINATING WITHIN THE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR DEFINITIONS; PRO- VIDING FOR THE PROHIBITION OF NOISE DISTURBANCE AND DECLARING CERTAIN ACTS TO BE UNLAWFUL; PROVIDING FOR EMERGENCY EXCEPTIONS AND SPECIAL VARIANCES; PROVIDING FOR MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING FOR ABATEmeNT ORDERS AND NOTICES OF VIOLATION; PROVIDING FOR NOT PROHIBITING CITIZEN SUITS; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-80 is on file in the official Ordi- nance 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. Mr. Oral Craft asked if this is the same ordinance that was passed on First Reading. Assistant City Attorney Thiele replied that there have been minor modifications which do not substantially affect the original intent of the ordinance. - 9 - 12/16/80 The City Manager stated that after passage of this ordinance on First Reading, Mr. Craft spoke to him about some changes that he would like to see in it. Mr. Craft is an engineer and is very interested in noise control. It is his understanding that the Assistant City Attorney attempted to incorporate Mr. Craft's suggestions into the ordinance. The Assistant City Attorney stated that a few small changes were made as to typographical errors and styling changes. As to the other points raised by Mr. Craft, the changes were not made in conjunc- tion with consultation with their consultant who advised that the items in the ordinance were correct. Mr. Craft requested that Council not pass the ordinance this evening. Mayor Weekes.replied that they will probably pass it and asked Mr. Craft to address ~his concerns about the ordinance to him; he fore- sees that there might be some changes he would want to make. It is im- perative, however, that they get a noise ordinance on the books. Upon question by Mr. Craft, Mayor Weekes stated that they are not required to have public input for every item on the agenda and he explained the purpose of the Consent Agenda and added that most of these items are discussed in detail at workshop and that is a good time for input. Mr. Craft discussed item 6.b.(1) and the City Manager answered his questions. Mr. Otto Runkle, 3107 Albatross Road, stated that the noise ordinance is very complicated; it covers every kind of noise. He ques- tioned how the City is going to be able to enforce the ordinance. He discussed neighborhood grudges. He has a guard dog that gives an alarm when somebody is around. He suggested that Council put in a provision to give a warning to an alleged violator and further suggested, in order to prevent grudge complaints, that they consider taking complaints from two or more neighbors rather than ~nst one and even then issue a warning first. He feels that the fine they will impose is expensive. The Assistant City Attorney stated that the ordinance does pro- vide for abatement orders to be issued prior to a person being violated; in essence, there is a provision for a warning first. Mr. Fay asked if this ordinance applies to boats on the Intra- coastal Waterway. The Assistant City Attorney replied, yes, to the extent that they're tested and, no, to the extent that they're being used. The State Statute covers the motor vehicle aspect of this. Dr. Dunn, Noise Ordinance Committee, stated that boats would not be covered under the State motor vehicle act; it deals only with vehicles on the road. They did not address the question of motorboats in this ordinance because they did not know that it was a big enough problem and they did not have sufficient information to write an intel- ligent clause. If the City feels that it is necessary to pursue this, it could be done in the future. Mr. Bernard Cronin, proprieter of Boston's restaurant, asked if a public hearing would be necessary to make further changes to the ordi- nance. Mayor Weekes replied that if the ordinance is passed on Second Reading tonight, yes, a public hearing would be necessary. Mr. Cronin described his facility and stated that he feels they should be allowed to operate their business without harassment. He also discussed neigh- borhood grudges and added that they have one neighbor who continually harasses them and often calls the police. The public hearing was closed. Mr. Bird moved for adoption of Ordinance No. 81-80 on Second and FINAL Reading, seconded by Mrs. Durante. 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. Before roll call the following discussion was had: Mr. Scheifley stated that he has reservations about this ordinance but he agrees with Mayor Weekes that they need to get an ordinance on the books. He suggested that they put a definition of "complaint" in the ordinance. - 10 - 12/16/80 Dr. Dunn stated that the comment made about doing some fine tuning on the ordinance is correct. Wh~le the ordinance may be lengthy, the lengthiness is intended to specifically define the types of noise sources the City is going to address. This eliminates vagueness in the enforcement of the ordinance; the noise sources that are going to be addressed by this ordinance are specifically defined. Eventually, a noise enforcement officer can take this ordinance, go out and respond to a complaint, make an unbiased reading and an unbiased report without the need for hiring accoustical consultants or attorneys everytime they answer a complaint. He believes that, in the long run, people who have legitimate complaints will be protected. In addition, those people who may be subjected to harassment would also be protected because of the specific way in which the violation is spelled out in this ordinance. Mayor Weekes thanked D.r. Dunn, on behalf of the City, for th~ many hours of time he has devoted to this ordinance. Upon question by Council, the Assistant City Attorney replied that the rules of procedure are a part of the ordinance. Mr. Young stated that he has reservations about this ordinance and pointed out something on page 5 of the rules of procedure regarding biological con- ditions. Mr. Bird noted that meteorological data is a matter of record; all you have to do is call the Weather Bureau and they'll give it to you. He agrees that the ordinance isn't perfect yet but feels that they should get it on the books. At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 60-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to amending the RM (Multiple Family Dwelling) Districts with respect to fire wall con- struction requirements for screened enclosures is before Council for consideration on First Reading. ~Council, at the workshop meeting on December 2nd, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 60-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTIONS 30-6(D)(4)(a)(1), "RM-6 MULTIPLE FAMILY DWELLING DIS- TRICT", 30-7(D)(4)(a)(1) "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", AND SECTION 30-8(D)(4)(a)(1) "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" OF THE CODE OF ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE CRITERIA FOR REQUIREMENTS FOR EXTENSION OF PARTY WALLS BETWEEN TWO DUPLEX UNITS AND WHEN SUCH EXTENSION MUST BE A FIRE RATED WALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The City Attorney noted that the last draft of this ordinance has been changed to conform with the memorandum from the Chief Building Official in regard to the language used which conforms to the Standard Building Code. The Chief Building Official felt that the 7% feet should be changed to 3 feet to be consistent with the provisions of the Stan- dard Building Code so that anytime that you have a screened enclosure that is 3 feet or nearer to the dividing property line, then there must be a fire rated wall; if it is more than 3 feet then there must still be a separating or screening wall but it need not be a fire rated wall. Mr. Bird moved for approval of Ordinance No. 60-80 on First Reading subject to the modification recommended by the Chief Building Official as just explained by the City Attorney, seconded by Mrs. Durante. 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. - 11 - 12/16/80 Before roll call the following discussion was had: Mr. Frank Carey stated that the Planning & Zoning Board did not agree with the Chief Building Official. Their Board does not have to write an ordi- nance which conforms to the Standard Building Code. Part of their interest was the fact that they're dealing with an 8,000 square foot lot with two families living on it and no privacy. They felt it essential that they separate these projections from the base structure out into the setback area. They feel more comfortable with a greater separation between the enclosures than basically what would add up to 6 feet. The City Attorney stated that the aspect of privacy is still addressed in the ordinance. Even if they are farther away than 3 feet from the dividing line, they still must have a screening wall, so the privacy .~aspect is taken care of. It's just that the wall need not be a fire rated wall. Mr. Carey added that the Board's concern is considerably more than the Standard Building Code. The City Attorney replied, if he understands the concern, he thinks that both concerns are taken care of in the ordinance. Our Fire Chief has confirmed that in excess of 3 feet, there is not a sufficient fire hazard to require a fire rated wall. At this point the roll was called to the motion. Mr. Carey stated that the degree of privacy is an important consideration and that is the reason the Board arrived at a separation of 7% feet. He added that people usually build to the minimum not to the maximum; if the ordinance says 3 feet, that's where they're going to end up. 8.i. The City Manager reported that Ordinance No. 82-80 relative to annexing a 19,250 square foot parc. el of land located at the northwest corner of S.W. 4th Avenue and Southridge Road is before Council for con- sideration on First Reading. The Planning & Zoning Board at a meeting held on November 25th, recommended by unanimous vote that the subject property be annexed as R-lA (Single Family Dwelling) District since this request is in conformance with the City's Land Use Plan. Second and FINAL Reading and public hearing will be held at the meeting on January 13, 1981. The City Manager presented Ordinance No. 82-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 3, INCLUSIVE, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTI- GUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING 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 Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 82-80 on First Reading, seconded by Mrs. Durante. 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. 8.j. The City Manager reported that Ordinance No. 83-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing screened enclosures in setback areas in the PRD Districts is before Council for consideration on First Reading. Council, at the December 2nd workshop meeting, directed the City Attorney to prepare the ordi- nance. - 12 - 12/16/80 The City Manager presented Ordinance No. 83-80: 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, BY AMENDING SECTION 30-1 "DEFINITIONS" BY ADDING THE DEFINITION OF A SCREEN ENCLOSURE; AMENDING SECTION 30-8.1(R) PRD-4 (PLAN- NED RESIDENTIAL DISTRICT), SECTION 30-8.2(R) PRD-7 (PLAN- NED RESIDENTIAL DISTRICT), AND SECTION 30-8.3(R) PRD-10 (PLANNED RESIDENTIAL DISTRICT) BY ADDING A SUBSECTION (11) RELATIVE TO ALLOWING SCREENED ENCLOSURES IN SETBACK AREAS IN THE PRD (PLANNED RESIDENTIAL DISTRICTS); PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 83-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.k. The City Manager reported that Ordinance No. 84-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to prohibiting access to streets and alleys for commercial property which abuts resi- dentially zoned property is before Council for consideration on First Reading. Council, at the December 2nd workshop meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 84-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 30, "ZONING" BY AMENDING SECTIONS 30-11 THROUGH 30~3.1 BY ADDING A NEW SUBSECTION PROHIBITING ACCESS TO A STREET WHICH SEPARATES SINGLE FAMILY RESIDENTIALLY ZONED PROPERTY FROM COMMERCIALLY ZONED PROPERTY, EXCEPT WHERE NO OTHER MEANS OF ACCESS EXIST TO THE COMMERCIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 84-80 on First Reading, seconded by Mr. Scheifley. 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. 8.1. The City Manager reported that Ordinance No. 85-80, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to monthly sewer rate charges is before Council for consideration on First Reading. This was discussed at the October 21st workshop meeting. He passed out a copy of the ordinance to Council members and noted that on the bottom of the second page, they have provided a breakdown of the allocation of the 99¢ charge per 1,000 gallons volume; that is not a part of the ordinance. The City Manager presented Ordinance No. 85-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 29 "WATER AND SEWERS" BY AMENDING SUBPARAGRAPHS (a), (b) AND (d) OF SECTION 29-63 TO CHANGE THE METHOD OF CHARGING MONTHLY SEWER RATES FROM A FIXTURE COUNT FORMULA TO NINETY-NINE CENTS ($0.99) PER THOUSAND GALLONS OF SEWERAGE FLOW BASED UPON 100% OF WATER USAGE UNLESS A METER IS INSTALLED AT NO COST TO THE CITY TO ESTABLISH ACTUAL SEWERAGE FLOW, PROVIDING MINIMUM MONTHLY CHARGES FOR RESIDENTIAL AND NONRESIDENTIAL USERS AND A MAXIMUM MONTHLY RATE FOR RESIDENTIAL USERS; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Upon question by Mr. Scheifley, the City Attorney replied that there is a minimum charge for both residential and commercial and a maximum charge only for residential. - 13 - 12/16/80 Mr. Bird moved for the adoption of Ordinance No. 85-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.m. The City Manager reported that Ordinance No. 86-80 repealing Palm Beach County's no smoking ordinance in order to exempt the munici- pal boundaries of the City from its provisions is before Council for consideration on First Reading. Council, at the November 4th workshop meeting, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 86-80: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXEMPTING THE CITY OF DELRAY BEACH FROM THE OPERATION AND EFFECT OF PALM BEACH COUNTY'S "CLEAN INDOOR AIR ORDINANCE" (ORDINANCE NO. 80-10); BY REPEALING SAID ORDINANCE WITHIN THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR NON-CODIFICATION OF THIS ORDINANCE. The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 86-80 on First Reading, seconded by Mr. Young. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Weekes stated that he is going to sup- port this ordinance but he wants it understood that he does support the goals of the American Lung Association, he would like to see the busi- nesses that would be affected by this ordinance in our City voluntarily comply with the intent of the County ordinance, and he would like for this Council to pass a resolution~rging that those kinds of things be done. His only concern with the ordinance is that he thinks that it is an unnecessary and unenforceable intrusion by government into private business. He feels that the American people have been burdened too much with interference by government into private affairs. At this point the roll was called to the motion. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on November 17th, recommended by unanimous vote that the conditional use in the GC (General Commercial) District to allow a con- venience food store at an existing gasoline station and automobile rental facility at the northeast corner of S.E. 10th Street and S.E. 6th Avenue be denied for the following reasons: (1) Sale of beer, liquor and wine is not compatible with the residential area located immediately east, as well as the activities taking place in Knowles Park located south of the subject property. (2) Sale of beer, liquor and wine will have detrimental and negative effects on adjacen~ and nearby residen- tial properties. This was discussed at the December 9th workshop meeting. Mr. Scheifley moved to sustain the recommendation of the Plan- ning and Zoning Board, seconded by Mr. Young. Said motion passed unani- mously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on November 17th, recommended by a vote of 6 to 0 (Carey abstaining) that the final plat for Abbey Delray South, located on the west side of the E-4 Canal, between Linton Boulevard and Germantown Road, be approved, subject to: (1) City Engineer's memorandum of November 14th. (2) Director of Public Utilities' November 14th. memorandum. - 14 - 12/16/80 This was discussed at the workshop meeting on December 9th. Mrs. Durante moved to sustain the recommendation of the Plan- ning and Zoning Board, seconded by Mr. Bird. Said motion passed unani-- mously. 10. Mayor Weekes advised that he has a bill asking that they pay dues to the United States Congress of Mayors; they include Delray Beach in their directory and he receives all of their mailings. They have never paid these dues before and he doesn't recommend payment; they are $1,000.00. It was the consensus of Council not to pay the dues. Mayor Weekes declared the meeting adjourned at 8:55 P.M. 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 December 16, 1980, which minutes were formally approved and adopted by the City Council on~-~o / 3.t /~4~? . ~ 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. - 15 - 12/16/80