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05-29-79 MAY 29, 1979 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, May 29, 1979, with Mayor Leon M. Weekes, presiding and City Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy, 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 approval of the minutes of the regular meeting of May 14, 1979, seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Bird stated that over the holiday weekend a burglar alarm went off for seven hours in Delray Beach. He asked if some sort of self-killing device could be put fnto burglar alarms so that they would go off after a certain period of time, such as a half hour. Mayor Weekes stated that he has complained about this several times in the past and he asked the City Manager to check into it. 4.a.2. Mr. Bird asked for a status report in regard to energy conservation in Delray Beach. · 4.b.1. Mrs. Durante stated that at the Delray Affair they had a suggestion box for City improvements. One suggestion regarded having slanted sidewalks for the handicapped. She also read a newspaper article concerning this same situation. The City Manager agreed to check into this to see if any- thing is being done to correct this situation. 4.c.1. Mr. Young stated that he would like to establish a pro- ~ Cedure where the Financial Advisory Board would receive progress reports for upcoming budgets. It was Council's consensus to discuss this at a workshop meeting. 4.d.1. Mayor Weekes presented a proclamation proclaiming the week of June 1 - June 10, 1979 as "National Safe Boating Week". 4.d.2. Mayor Weekes informed Council that a meeting date must be set to resolve the dispute between the City administration and the firefighters. Mr. Scheifley stated that he feels sufficient time should be allowed for each Council member to transmit his thoughts through the City Manager's office. It was the consensus of Council to schedule this meeting for Thursday, May 31, 1979, at 4:30 P.M. 5.a. Mr. Herbert Bernenko stated that he is here as a peti- tioner requesting that Council review an action of the Community Appearance Board. On May 9, 1979, the CAB granted approval to Hamilton House on S. Ocean Boulevard to make certain changes in the air conditioning installation on its roof. He believes that the CAB would not have given its approval had all the facts been available at that time. He lives at 1225 S. Ocean Boulevard, immediately adjacent to Hamilton House. His apartment and others on the north side of Banyan House overlook the roof of Hamilton House; its roof has always been an unsightly mess. Hamilton House has come before the CAB asking that it be allowed to replace the single unit with individual units creating again an unsightly mess. These units effect the enjoyment of their view, diminish the value of their apartments and they are in full view of visitors on the beach. The appearance of Hamilton House is out of keeping with the character of the area. It clearly goes contrary to the criteria established by the Community Appearance Board which requires "exterior design and appearance of quality such as not to cause the nature of the local environment to depreciate in appear- ance and value". Hamilton House claimed that replacing the single unit with individual units was called grandfathering in and also claimed that there were no objections from others in the area to this change; that is not true. He has a letter to the CAB signed by others in the area objecting to the manner in which this was done. He appeared before the CAB at its last meeting on May 23, 1979, he feels that the CAB now has some serious reservations about the proposal of Hamilton House. He requested the CAB to reconsider its approval and rescind its action of May 9th. They would like to be assured that whatever is done will be surrounded by conditions that consider fully appearance and aesthetic factors. They request that Council take such action as is necessary to reopen the matter. Mr. Scheifley stated that he checked thoroughly into this. He went over to the Banyan House and looked at the situation. He talked to Mr. Bernenko and to Roy Simon, who was acting chairman at this meeting on May 9th. There are a lot of things wrong with this case. He has the minutes of that meeting and they state that the proposal is to have the air conditioning unit covered. In looking at all of the six or seven highrises in Delray Beach, every one is en- closed except this one. There are two serious mistakes in these minutes; the word "unit" should be changed to "units" and it never was originally hidden so he doesn't know what that refers to. Mr. Scheifley moved that Council refer this case back to CAB for reappraisal. Mayor Weekes asked if Council has the authority to remand it back to the CAB. As he recalls, the ordinance says that an appli- cant who has been denied may appeal that decision to the City Council. They've never had a situation like this arise . The Assistant City Attorney stated that if there has been an error committed in the report or the minutes, it could be referred ~ back for correction but if it's a matter of having a rehearing, that's something else. Mayor Weekes stated that he is in sympathy with Mr. Bernenko's cause but he doesn't want to do anything that might not be in accordance with the ordinance and leave them liable for action from the petitioner in this matter. He hopes that they can remand it back and that the CAB does rescind it. Mr. Scheifley withdrew his previous motion and made the following motion: Mr. Scheifley moved that the City Council suggest to the Community Appearance Board that they reconsider this case and reappraise the situation, seconded by Mr. Young. Upon roll call said motion passed unanimously. The City Manager informed Council that he discovered that the processing of the issuance of a permit is now going on in the Building Inspection Department and he instructed the Building Depart- ment not to issue a permit today. Mr. Bird suggested that Council instruct somebody to contact Hamilton House and see if they can handle this matter amicably. At this point the roll was called to the motion. The City Manager stated that he thinks that Mr. Bird's suggestion is a good idea and that it should be done as the next step but should that fail then they should ask the CAB to reconvene at the earliest possible time and rehear the case. Mr. Scheifley added to his motion that the CAB meet at the earliest possible time, seconded by Mr. Young. Said amendment to the motion passed unanimously. - 2 - 5/29/79 5.b. Mr. Samuel Jenkins asked wh~5~is being done by the Housing Authority in regard to rehabilitation of housing. His house is leak- ing. The City Manager asked Mr. Jenkins to contact him and they would discuss this item. 6.a. The City Manager reported that the Sunrise Kiwanis Club would like permission from the City to sponsor a celebration during the month of July and this would be on Saturday, July 28th. They would be using a portion of the beach and possibly some of the parks on the beach. Approval is recommended with the direction to be under the supervision of the Parks & Recreation Department. Mr. Bird moved for approval, seconded by Mr. Scheifley. Said motion passed unanimously. 6.b. The City Manager reported that Mr. Serafin Leal, Candeub, Fleissig & Associates, is scheduled to present a final report at the meeting tonight with respect to work his firm has done on a Housing and Neighborhood Revitalization Program under a contract entered into by the City on October 30, 1978. Mr. Serafin Leal presented Memorandum #3 to Council and gave an outline of the program including the requirements of a "delivery system" to improve housing and neighborhood conditions in the City, the actions necessary to implement the program, the program costs and objectives and the proposed administrative structure of the Community Improvement Corporation (CIC) and the "delivery system". Mayor Weekes thanked Mr. Leal for his report and stated that he thinks Mr. Leal's proposals are realistic and are something that can be accomplished. The City Manager stated that Mr. Leal's report should be received, taken under advisement and referred to a workshop, prior to which time the City Attorney's office and the Administration in con- junction with further conversation with Mr. Leal would take a close look at it and consider it at workshop. 6.c. The City Manager stated that pursuant to informal workshop decision on May 21st, Council is to give consideration tonight to ~ authorizing payment of a $200 special assessment to Palm Beach County Municipal League to cover increased costs and additional expenses incurred this year. The City's dues are currently $400 per year. Mr. Young left the Council Chambers at this time. Mr. Bird moved that Council authorize the special assess- ment of $200 to be paid to the Palm Beach County Municipal League, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. The City Manager reported that at the workshop meeting on May 21st, council agreed to modify the compensation arrangement of the City Attorney to allow a percentage fee in connection with bond issues and to authorize the City Attorney in accordance with this modifica- tion, to act as local bond counsel for the City in connection with the pending Water and Sewer Revenue Bond Issue. A letter from the City Attorney for Council approval of this modification authorization has been furnished to Council. Mr. Bird moved for approval of the City Attorney's letter dated May 25, 1979 with regard to compensation on the upcoming bond issue, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Young returned to the Chambers at this time. 6.e. The City Manager reported that the City is in receipt of an application from American Freight System, Inc., for City water service to serve Section 14-46-42, 14045 North Military Trail, located outside the City. The applicant, having executed the City's standard agreement for the providing of water service outside the City con- ditioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's re- quest for water service is recommended. The request for City water service is to serve a ten acre parcel of land. This will serve a Terminal Transport facility. - 3 - 5/29/79 The City Manager stated that this site is adjacent to the western boundary of Military Trail which puts it on the other side of the trail. He had some apprehension about whether to go to the agenda or to go to workshop with it. The applicant has made his deposit of $5,112 with the City which would be for the water service connection charge plus extension of facilities to serve the property. The reason for the application is because their well water has gone bad and they need a viable source of water. Mr. Bird moved that Council approve the request for water service for American Freight System, Inc., seconded by Mrs. Durante. Said motion passed unanimously. At Mr. Scheifley's request, the Assistant City Attorney agreed to look into the expiration dates on this type of agreement. Mr. Bird asked if the City is legally bound to annex this property if and when the time comes that they want in. Mrs. Durante stated that at the time that they are eligible, then the City can make the decision. Mr. Young stated that if the City agrees to annex these people, would they then have to take in anyone who is west of Military Trail? The Assistant City Attorney stated that the fact that they accept one would not make it binding on them to accept any other that might apply. At this point the roll was called to the motion. 6.f. The City Manager reported that it is recommended that Council approve the execution of a Developers Utility Service Agree- ment with American Freight System, Inc., for the providing of water service to the ten acre parcel of land located at 14045 North Military Trail. $3,750 will be deposited in the Developers Fund Account to cover this facility. Mr. Bird moved that Council approve execution of a Developers Utility Service Agreement with American Freight System, Inc., seconded by Mrs. Durante. Said motion passed unanimously. 6,g. The City Manager reported that it is recommended that Council authorize execution of an agreement between the City and Palm Beach County for the County to accept the maintenance of the traffic signal on Linton Boulevard and U.S. No. 1 (SR-5). The agreement provides for the County to assume the maintenance responsibility for the traffic signal, which is in line with our practice as the County is prepared to accept all signals which meet Traffic Control Device Standards. This signal is currently being upgraded as part of the improvements to Linton Boulevard in this area. Mrs. Durante moved that Council authorize the execution of the agreement between the City and Palm Beach County to accept the maintenance of the traffic signal on Linton Boulevard, seconded by Mr. Scheifley. Said motion passed unanimously. 7.a. The City Manager reported that the City is in receipt of an application from Elton C. and Delores I. Birkenstock for City water service to serve the N.W. corner of U.S. No. 1 and LaMat. (2750 South Federal Highway), located outside the City. The applicant having executed the City's standard agreement for the providing of water ser- vice outside the City conditioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service is recommended. The request for City water service is to serve a place to be known as Ike's Restaurant located on approximately one acre of land. This will be a 60-seat eat-in or drive-through fast food restaurant. Mr. Birkenstock, applicant, stated that they purchased this property with the idea in mind of building a good fast-food restaurant. He is an architect and has done quite a bit of building. They are going to have a function there Similar to Wendy's. - 4 - 5/29/79 Mr. Bird moved for approval~'~f the water service for the N.W. corner of U.S. No. 1 and LaMat, seconded by Mr. Young. Said motion passed unanimously. 7.b. The City Manager reported that a communication has been received from the Area Planning Board dated May 18th, requesting A-95 Clearinghouse Review and comment relative to Palm Beach County 208 Continuing Planning Process for special funding to implement the Palm Beach County Areawide Waste Treatment Management Plan. The continua- tion of funding for this program will have no adverse effects on the local natural, social or economic environment and there is no dupli- cation between efforts of the proposed program and those of any re- lated local projects or programs. Approval is recommended. Mrs. Durante moved that Council direct the Administration to write a letter stating that they have no objections, seconded by Mr. Bird. Said motion passed unanimously. 8.a. The City Manager reported that Resolution No. 34-79 rela- tive to abandonment of right-of-way, portion of Jaeger Drive, east of Lindell Boulevard between Quail Road and Dotterel Road is before Council for consideration. Council, at the April 23rd meeting, approved the subject abandonment. Resolution No. 34-79 is to confirm the abandonment. The City Manager presented Resolution No. 34-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF JAEGER DRIVE, AS SHOWN ON THE PLAT OF TROPIC PALMS PLAT NO. 1, AS RECORDED IN PLAT BOOK 25, PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 34-79 is on file in the official Resolution Book) Mr. Bird moved for the passage of Resolution No. 34-79, 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. $.b. The City Manager reported that it is recommended that Resolution No. 39-79 accepting water and sewer lines installed in Shadywoods, Phases One and Two, be approved as operational. The City Manager presented Resolution No. 39-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN SHADYWOODS, PHASE ONE AND TWO, AS RECORDED IN PLAT BOOK NO. 34, PAGES 104 AND 182 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS; SHADYWOOD DRIVE BETWEEN PALM FOREST DRIVE NORTH AND SOUTH AND PALMETTO CIRCLE NORTH AND SOUTH; ALL OF PALMETTO CIRCLE NORTH AND ALL OF PALMETTO CIRCLE SOUTH; ARELIA AVENUE BETWEEN PALMETTO CIRCLE SOUTH AND SOUTHWEST TWELFTH STREET (LINTON BOULEVARD); ALL OF PALM FOREST DRIVE NORTH AND ALL OF PALM FOREST DRIVE SOUTH; JUNIPER WAY BETWEEN PALM FOREST SOUTH AND SOUTHWEST TWELFTH STREET (LINTON BOULE- VARD) AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES. (Copy of Resolution No. 39-79 is on file in the official Resolution Book) Mr. Young moved for the passage of Resolution No. 39-79, seconded by Mr. Bird. 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. - 5 - 5/29/79 8.c. The City Manager reported that it is recommended that Resolution No. 40-79 accepting streets and storm drains in Shadywoods, Phases One and Two, be approved as operational. The City Manager presented Resolution No. 40-79: A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN SHADYWOODS, PHASE ONE AND TWO, AS RECORDED IN PLAT BOOK NO. 34, PAGES 104 AND 182 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL. (Copy of Resolution No. 40-79 is on file in the official _ Resolution Book) Mr. Bird moved for the passage of Resolution No. 40-79, 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.d. The City Manager reported that Resolution No. 41-79 rela- tive to prosecution of criminals is before Council for consideration. Council, at the May 21st workshop meeting, directed the City Attorney to prepare the resolution. The City Manager presented Resolution No. 41-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE GOVERNOR OF THE STATE OF FLORIDA, STATE'S ATTORNEYS, AND ALL PRESIDING JUDGES, MEMBERS OF THE STATE LEGISLATURE, AND MEMBERS OF THE UNITED STATES CONGRESS TO TAKE ALL POSSIBLE MEASURES TO ENSURE VIGOROUS PROSECUTION AND PUNISHMENT OF HABITUAL CRIMINAL OFFENDERS; INVITING ALL OTHER LOCAL GOVERNMENTAL UNITS TO ADOPT SIMILAR RESOLUTIONS; PROVIDING THAT THE CITY CLERK SHALL FURNISH A COPY OF THIS RESOLUTION TO ALL APPROPRIATE OFFICIALS AND AGENCIES. (Copy of Resolution No. 41-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 41-79, 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.e. The City Manager reported that Resolution No. 42-79 approving the South Central Palm Beach County 201 Facilities Plan is before Council for consideration. Approval of this resolution has been recommended by the City's Firm of Consulting Engineers, Russell & Axon. The City Manager presented Resolution No. 42-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SOUTH CENTRAL PALM BEACH COUNTY 201 FACILITIES PLAN. (Copy of Resolution No. 42-79 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 42-79, 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. - 6 - 5/29/79 8.f. The City Manager reported that Ordinance No. 10-79 rela- tive to rezoning and placing land zoned RM-15 (Multiple Family Dwelling) District in RM-10 (Multiple Family Dwelling) District, north side of Avenue "J" between Florida Boulevard and Spanish Trail is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th meeting. Prior to con- sideration 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. 10-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, LOTS, 400, 401, 402, 411, 412 AND 413, TROPIC ISLE SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 25, PAGE 36 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF AVENUE J BETWEEN FLORIDA BOULEVARD AND SPANISH TRAIL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDa, 1977". (Copy of Ordinance No. 10-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Weekes stated that the City again has in written ' form an objection from Dr. Frank Marten. Mr. Scheifley moved for the passage of Ordinance No. 10-79 on Second and FINAL Reading, seconded by Mr. Bird. 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. 29-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to congregate living facilities. This ordinance was passed on First Reading at the May 14th meeting. Prior to con- sideration 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. 29-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 29-7(C), 29-8(C), 29-11(C), 29-12(C), 29-13(C) AND 29-13.1(C) TO ALLOW ADULT CONGREGATE LIVING FACILITIES AS CONDITIONAL USES; AMENDING SECTION 29-17, "SUPPLEMENTARY REGULATIONS", BY ADDING SUBSECTION (T) PROVIDING FOR ADULT CONGREGATE LIVING FACILITIES, PROVIDING FOR LOCATIONS, PROVIDING FOR LOT AREA, PROVIDING FOR FRONTAGE, PROVIDING FOR CAPACITY, PROVIDING FOR ROOM FACILITIES, PROVIDING FOR MINIMUM LEISURE FLOOR AREA, PROVIDING FOR PARKING, PROVIDING FOR COMPLIANCE WITH STATUTES AND RULES; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 7 - 5/29/79 Mr. Robert T. O'Brien, 246 N.E. 9th Street, stated that Mrs. O'Brien and himself are coadministrator and developer of an adult congregate living facility on Barwick Road, not yet in the City. They have been operating and functioning out there for over three years. They want to congratulate the Planning & Zoning Board and particularly Frank Carey for the homework they have done on this ordinance. They think it speaks well for the aesthetics, the economics of land use, the City's progressive thinking of its senior citizens but most im- portant it makes the statement that the City of Delray Beach will never become a warehouse for the elderly. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 29-79 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.h. The City Manager reported that Ordinance No. 30-79, amend- ing Chapter 3 "Signs and Billboards" of the Code of Ordinances to clarify and update said ordinance is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th 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. 30-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES BY REPEALING SECTION 3-2 AND ENACTING A NEW SECTION 3-2; REPEALING SECTION 3-3(a)(4) AND RENUMBERING (a)(5) TO (a)(4); REPEALING SECTION 3-3(b) AND ENACTING A NEW SECTION 3-3(b); AMENDING SEC- TION 3-5(7); REPEALING SECTION 3-12 AND ENACTING A NEW SECTION 3-12; AMENDING SECTION 3-13(1); AMENDING SECTIONS 3-14(A)(2), 3-14(C) AND 3-14(D)(1); REPEALING SECTIONS 3-14(E) AND 3-14(F) AND ENACTING NEW SECTIONS 3-14(E), 3-14(F) AND 3-14(G); AMENDING SECTIONS 3-15(A) AND ~ 3-15(D)(1)(a); PROVIDING A S~VING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Mike Tighe stated that he owns a business at 1900 _ North Federal Highway in Delray Beach. He thinks that part of this proposal is discriminatory. The only people that are allowed to fly any type of a banner are developers or builders. Upon question by Mayor Weekes, the Assistant City Attorney stated that he thinks it is within the discretion of the City to make that distinction and to rule out banner signs entirely, or to allow them on a certain type of basis, as has already been indicated. Mrs. $~endell Hobbs, 1026 Poinsetta Road, stated that she .would like to speak in regard to item 33 of the sign ordinance which deals with political signs. One of the biggest problems today is the lack of interest in our political process. It is, therefore, necessary that leaders in political parties and candidates educate the populace both in their rights and privileges in voting. A sign in the can- didate's office or above the political headquarters is needed to bring the people in, to make an informed electorate. The criteria of the Sign Ordinance Committee has to do with health, morality, aesthetics, adequate light and air and the general welfare. She can see no reason - 8 - 5/29/79 why a political sign would affect these criteria. Passage of this provision to the sign ordinance would be taking away the public's inalienable right to freedom and justice and the proposed provision would most likely not stand up in a court of law. In her opinion passing the entire proposed sign ordinance just to get a few well thought of provisions passed immediately is outrageous. It would be better to amend the ordinance tonight or make some allowances for hardship cases that have been building up. Mr. Wendell Hobbs, 1026 Poinsetta Road, stated that the thing that bothers him is the same section his wife spoke of but for a different reason. Any responsible citizen has always been concerned with the low amount of turnout of votes. For instance, two of our Council members were elected on 23% of the registered voters last spring. This means that 23% of the City is running the City. In the 1978 gubernatorial election, only 22% voted. He has always fought all his life to get a larger turnout so that more people could have a voice in how we run our city. This provision in the ordinance is the exact contrast, as far as he is concerned, and it should certainly be taken out of there so that they can get more representation in our local, county, state and national offices. Mrs. Suzanne Bird, 610 S. Ocean Boulevard, stated that she has a business on East Atlantic Avenue that seems to be affected by the sign ordinance according to the way she reads the amendments. She talked with one of the members of the Sign Ordinance Committee and he said that it is not the intent of this committee that her kind of sign be affected. However, she reads in Section 3-12 to the effect that signs that protrude from the building over a right-of-way or a public sidewalk will be in violation. She feels that that needs to be clari- fied; she doesn't understand it. Mr. Bird stated that in case anyone is thinking that this only affects Mrs. Bird's sign, he'd like to make it clear that this also affects other businesses in the area. Mrs. Bird named several businesses besides hers that will be affected by this ordinance. In response to a questioD from Mr. Bird, Mr. Tore Wallin ~ stated that one of the things the committee was trying to get away from was signs hanging over the right-of-way. If signs are over a public right-of-way, they are illegal because they axe on City prop- erty. Mrs. Durante stated that at First Reading of this ordi- nance, Mr. Bird had some other questions to be cleared up. She could not make it to the Sign Committee meeting. When she got this ordi- nance today, she didn't see any changes and she thought that the purpose of that meeting was for the committee to make some changes between First and Second Reading. This is a lengthy process. It would be impossible for the Council to sit here tonight and iron these things out. She has sat with the committee on a lot of meetings and this one thing about projecting signs over the street is already in the sign ordinance; it was not changed. Mrs. Bird stated that she understands that and she thought the amendments would clarify and update the existing ordinance. She doesn't feel the amendment accomplishes this. She is appealing to Council not to pass something that is in error before it gets passed. In Section 3-12 Number 10, handbills, throwaways and circulars are not defined; the only term that is defined there is vehicular signs. She wants to know if she is in violation of the law when she posts hand- bills in her window as requested by one of the local civic organiz- ations. Mayor Weekes stated that she is not in violation; she can post anything she wants inside of her window but she can't post it outside. Mr. Ralph Dye, S. Ocean Boulevard, stated that he feels that Mr. & Mrs. Hobbs very well articulated their position. He feels that this deliberative body with its part in the political process ought to be considering very carefully the objections that they speci- fied. - 9- 5/29/79 Mr. Greathouse, owner of Rainbow Signs, stated that they had the same problem up north of putting the political signs in the yards and leaving them there for days, months and even years after the election was over with. ~at they did there was pass an ordinance stating that if the signs were not taken down within a week after the election was over, there would be a $5 fine per day to the participant of the sign. As a result, within a week after the election there wasn't a sign in town; every one of them was taken down. Mr. Wallin stated that the Committee recommends that Council pass the ordinance as presented tonight. They know that it is not a perfect ordinance and that there is going to have to be many amendments but he suggests getting it at least to a point where they can start working on it. Mr. Greathouse stated that he feels that Council should come up with something in the sign ordinance where there could be a temporary sign put up for a certain length of time without having to go through all the hassles. The public hearing was closed. Mr. Scheifley stated that he has been officially involved with the City for about fifteen years. This is one of the questions which has been discussed and worked for all of those years. It is a subject in which he does not think there will ever be a satiSfactory answer or ordinance. It's been amended and there's been committees working on and off for years. The choice that this Council has to make is whether to pass an ordinance which has imperfections, as any sign ordinance always will, or not to have any at all. If they are going to try and wait until they get a sign ordinance which no one has any objections to, then they are never going to have a sign ordinance. If they send it back to the committee, it'll come back a year or so from now and they'll have to go through the same thing again. Mr. Bird stated that after the First Reading on this ordinance, he met with representatives of the Sign Committee and he expressed to them some of the same things that were brought up today. He feels that the ordinance is unfair and unenforceable. He doesn't see any reason why they can't control signs through the use of the Building Deparment. ~ Mrs. Durante stated that she would like to see Council go ahead and adopt this ordinance tonight and keep the Sign Ordinance Committee working and have them meet again to work on those other things. All of the things brought up tonight are presently in the ordinance anyway so this ordinance is not really harming anybody, it's just not helping. Mr. Young stated that he agrees with Mr. Scheifley that if they don't do something about this, they'll never have a sign ordi- nance. Mayor Weekes stated that one thing that goes on continu- ously on this Council is the sign ordinance. You cannot get a perfect sign ordinance. In the matter of equity, they should go ahead and pass this and immediately refer it to the committee. Mr. Scheifley asked if they could work out some arrange- ment whereby if they pass this ordinance whether they could get the benefit of Mr. Bird's recommendations on the committee. Mr. Bird stated that he had an hour and a half of the Sign Ordinance Committee's time and he made his input. He is not in favor of the ordinance, as it stands, but he would be happy to meet with the committee and assist them. He would like to see them move ahead with recommended changes as soon as possible. Mrs. Durante moved for the passage of Ordinance No. 30-79 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. - 10 - 5/29/79 Before roll call, Mr. Scheifley stated that he is voting for this with the understanding that the committee is going to'con- sider all suggestions made where there may be imperfections and also with the understanding that Mr. Bird will continue to give his input to the committee. He really expects some amendments to come back within the next three or four months. The Assistant City Attorney stated that it was understood at the last committee meeting that they would work immediately on a temporary sign definition and consider these other suggestions made by Mr. Bird. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 31-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances relative to GC (General Commercial) District (Special Geographical Area) is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th meeting. Prior to con- sideration 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. 31-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-11(N) GC (GENERAL COMMERCIAL) DIS- TRICT TO ADD A NEW SUBSECTION (4) RELATIVE TO ESTAB- LISHING A SPECIAL GEOGRAPHICAL AREA IN WHICH CERTAIN ADDITIONAL USES ARE ALLOWED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of ~ Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the passage of Ordinance No. 31-79 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. Before roll call, Mr. Bird stated that a question came up with regard to the area on the east side of 4th Avenue, there are some manufacturing facilities and other things over there. The question was would they be consistent if they did the same thing to that area. Mayor Weekes stated that in his personal opinion they would be fostering a similar problem to one they have already created on the same street on the south end of the town where you're abutting residential property. Mr. Frank Carey stated that you have to stop at a block. If you don't, it just keeps creeping down block after block. At this point the roll was called to the motion. 8.j. The City Manager reported that Ordinance No. 32-79, amend- Chapter 13 "Electricity" of the Code of Ordinances relative to deregu- lation of Leadership Cablevision Associates rates and charges is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th 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. - 11 - 5/29/79 The City Manager presented Ordinance No. 32-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, "ELECTRICITY" DIVI- SION 2 "DELRAY BEACH CATV LEADERSHIP FRANCHISE", BY REPEALING SECTION 13-54 "RATES AND CHARGES TO SUBSCRIB- ERS'' AND SUBSTITUTING NEW SECTION 13-54 "RATES AND CHARGES TO SUBSCRIBERS"; PROVIDING FOR THE SETTING OF RATES AND CHARGES FOR CABLE TELEVISION AND DISTRIBUTION BY THE GRANTEE, AND THAT SUCH RATES AND CHARGES SHALL BE REASONABLE, JUST AND FAIR, AND SHALL PROVIDE THE GRANTEE A REASONABLE RETURN ON ITS INVESTMENT; PROVIDING FOR THIRTY DAY NOTICE OF RATE AND/OR CHARGE INCREASES; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - (Copy of Ordinance No. 32-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Scheifley moved for the passage of Ordinance No. 32-79 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.k. The City Manager reported that Ordinance No. 33-79, amend- ing Chapter 7 "Beaches" of the Code of Ordinances relative to storage of boats on the municipal beach is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the May 14th 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 pre~ented Ordinance No. 33-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 7-1(16) OF THE CODE OF ORDINANCES AND RENUMBERING SECTIONS 7-1(17) AND 7-1(18), REPEALING SECTION 7-2 AND ENACTING A NEW SECTION 7-2 PROHIBITING THE STORAGE OF BOATS ON THE MUNICIPAL BEACH, EXCEPT NON-MOTORIZED BOATS NOT EXCEEDING 20 FEET IN LENGTH, DESIGNATING AN AREA IN WHICH STORAGE OF NON- MOTORIZED BOATS WILL BE PERMITTED UPON THE OBTAINING OF A PERMIT FROM THE CITY, REPEALING SECTION 7-3; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-79 is on file in the official Ordinance Book) The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for passage of Ordinance No. 33-79 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. 8.1. The City Manager reported that Ordinance No. 35-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances to allow life care retirement communities as a conditional use in the PRD-10 (Planned Residential) District is before Council for consideration on First Reading. Council, at the May 14th meeting, directed the. City Attorney to prepare the ordinance. - 12 - 5/29/79 The City Manager presentedOrdinance No. 35-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-8.3(C) PRD-10 (PLANNED RESIDENTIAL) DISTRICT TO ALLOW LIFE CARE RETIREMENT COMMUNITIES AS A CONDI- TIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for passage of Ordinance No. 35-79 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.m. The City Manager reported that Ordinance No. 37-79, amend- ing Chapter 29 "Zoning" of the Code of Ordinances by deleting from the definition of club that "such use shall not operate for profit or render a service which is customarily carried on as a business", is before Council for consideration on First Reading. The City Manager presented Ordinance No. 37-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" BY AMENDING SECTION 29-1(18) DEFINITIONS OF THE ZONING CODE BY DE- LETING FROM THE DEFINITION OF CLUB, THAT "SUCH USE SHALL NOT OPERATE FOR PROFIT OR RENDER A SERVICE WHICH IS CUSTOMARILY CARRIED ON AS A BUSINESS"; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. The Assistant City Attorney stated, in reply to Mr. Scheifley, that in the definition of club they have stricken out the ~ last sentence. Mr. Bird moved for the adoption of Ordinance No. 37-79 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.n. The City Manager reported that Ordinance No. 39-79, amend- ing Chapter 26 "Vehicles For Hire" of the Code of Ordinances relative to rates charged passengers, is before Council for consideration on First Reading. This was discussed at the May 21st workshop meeting. The City Manager presented Ordinance No. 39-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, "VEHICLES FOR HIRE", BY REPEALING SECTIONS 26-1 "RATES CHARGED PASSENGERS--GENERALLY", 26-2 "SAME--MINIMUM CHARGES PER- MITTED'', AND 26-3 "SAME--POSTING", AND ENACTING NEW SEC- TIONS 26-1 "RATES CHARGED PASSENGERS" AND 26-2 "SAME-- POSTING''; PROVIDING FOR THE SETTING OF CHARGES FOR TRANS- PORTATION SERVICES BY THE INDIVIDUALS, FIRMS OR CORPORA- TIONS HOLDING THE CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; PROVIDING THAT THE SET SCHEDULES OF CHARGES SHALL BE CONSPICUOUSLY POSTED IN EVERY TAXICAB OR MOTOR VEHICLE FOR HIRE IN THE CITY; PROVIDING FOR THE RENUMBER- ING OF THE REMAINING SECTIONS TO CONFORM HEREWITH; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 13 - 5/29/79 The City Manager read the caption of the ordinance. Mr. Young moved for the adoption of Ordinance No. 39-79 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird -.Y~s; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.o. The City Manager reported that Ordinance No. 40-79, amend- ing Chapter 17 "Offenses" of the Code of Ordinances relative to intoxi- cation, is before Council for consideration on First Reading. This was discussed at the workshop meeting on May 21st. The City Manager presented Ordinance No. 40-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, "OFFENSES", BY AMEND- ING SECTION 17-11 BY DELETING THE WORDS "OR BY BEING~' DRUNK" AS AN OFFENSE UNDER THIS SECTION; 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. 40-79 on First 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.p. The City Manager reported that Ordinance No. 41-79, de- leting Section 17-33, Chapter 17 "Offenses" of the Code of Ordinances relative to vagrants is before Council for consideration on First Reading. This was discussed at the workshop meeting on May 21st. The City Manager presented Ordinance No. 41-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDI- ~ NANCES OF THE CITY OF DELRAY BEACH, "OFFENSES", BY RE- PEALING SECTION 17-33 "VAGRANTS"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 41-79 on First 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. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on April 24th, recommended by unanimous vote that the final plat approval request for Isles of Delray Subdivision lo- cated at the northeast corner of Lake Ida Road and the E-4 Canal be approved, subject to the following: 1)Comments of the City Engineer as stated in his April 5, 1979 memorandum. 2) Comments of the Director of Public Utilities as stated in his April 4, 1979 memorandum. 3) That the subject property be annexed into the Lake Worth Drainage District, and a Quit Claim Deed or easement to the E-4 Canal Right-of-Way be provided to the District. 4) Requirements of the South Florida Water Management District as stated in their April 11, 1979 letter. - 14 - ~/29/79 5) Availability of water. 6) That the three (3) dead-end streets be approved at a length greater than 1000 feet. Mr. Bird moved that Council accept the recommendation of the Planning & Zoning Board relative to final plat approval for Isles of Delray Subdivision, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on May 15th, recommended by unanimous vote that the final plat of Marinello Estates, located on the west side of Spanish trail between Avenue "J" and Avenue "L" be approved, subject to the fol lowing: 1) Comments of the Director of Public Utilities as stated in his April 30, 1979 memorandum. 2) Availability of water. Mr. Bird moved that Council accept the recommendation of the Planning & Zoning Board relative to final plat approval for Marinello Estates, seconded by Mrs. Durante. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on May 22nd, recommended by unanimous vote that the abandonment of the right-of-way located in Section 24-46-42 on the east side of Military Trail between the L-34 and L-35 Canals, be approved subject to the comments of the City Engineer as stated in his May 21st memorandum. It is recommended that the City Attorney be directed to prepare the resolution effecting the abandonment. Mr. Bird moved that Council accept the recommendation of the Planning & Zoning Board and that the City Attorney be directed to prepare the resolution, seconded by Mrs. Durante. Said motion passed unanimously. ~ Mayor Weekes left the Council Chambers for the duration of item 9.d. Vice-Mayor Scheifley took the chair. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on May 22nd, recommended by unanimous vote that the final plat of Rainberry Lake (Phase III), located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) Comments of the City Engineer as stated in his May 21, 1979 memorandum. 2) Comments of the Director of Public Utilities as stated in his May 2, 1979 memorandum. 3) Availability of water. Mrs. Durante stated that on this one the City Engineer is saying that sidewalks will be required and there has been no request for sidewalks to be waived. Mr. Carey stated that what they agreed upon at the meeting was that the developer would provide sidewalks on one side of every road. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Young. Said motion passed unanimously. - 15 - 5/29/79 Mayor Weekes returned to the Chambers at this time. Mayor Weekes declared the meeting adjourned at 9:20 P.M. ATTEST · MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of May 29, 1979, which minutes were formally approved and adopted bY the City Council on ~_~ ?/,, /~ . -' '-/~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, addi- tions, or deletions to the minutes as set forth above. - 16 - 5/29/79