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08-27-79 AUGUST 27, 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., Monday, August 27, 1979, 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 approval of the minutes of the regular meeting of August 13, 1979, and the special meetings of August 9, 1979 and August 17, 1979, seconded by Mr. Young. Said motion passed unani- mously. 4.a. Mr. Bird stated that several residents have questioned him about the project they started some weeks ago with regard to getting house numbers properly placed. The City Manager stated that on future questions of that nature, those people can be referred to the Fire Department or to the Council. He will get a report on it as to procedure. 5. Mr. Charles Kimball, 950 Bolender Drive, Tropic Isle, presented a petition to City Council for increased water pressure at Tropic Isle; the petition had been signed by 50 residents of Tropic Isle. Mayor Weekes stated that within the last two weeks, the City was granted an increase in its permitted water capacity of three million gallons a day. He will. ask the Administration to study increasing the pressure in all areas of the City and particularly in Tropic Isle. The three million gallons a day that they have been granted should greatly alleviate the problem. The City Manager informed Mr. Kimball that he will call him as soon as he has further information on this. 6.a. There were no items presented that were not on the agenda. 6.b. The City Manager reported that consideration and Council action with regard to the 1979-80 budget was contemplated at the time of the making of the budget calendar for the new year. The proposed budget as drafted calls for a slight exceeding of the certified millage rate by the City. A tentative decision has been made by Council at workshop not to exceed the certified millage rate which makes unnecessary any action on the budget tonight if Council still wishes to go that route. It was Council's consensus not to exceed the certified millage rate. No action was taken on the budget at this time. 6.c. The City Manager reported that as discussed at the August 20th' workshop meeting, Council is to consider the appointment of an alternate member of the Community Appearance Board to a term ending August 25, 1980. Mrs. Durante moved for the appointment of Mr. Don MacLaren to the Community Appearance Board, seconded by Mr. Bird. Said motion passed unanimously. Mr. Bird stated that they have told Mr. Currie that they would relieve him as soon as they could find a suitably qualified architect. Mayor Weekes requested that if anyone knows the name of an architect willing to serve on that board as an alternate to please inform him or the Administration. 6.d. The City Manager reported that it was decided informally at the August 20th workshop meeting to appoint Sam Ogren and William Collins as regular members of the Contractors Board of Examiners to three-year terms ending August 27, 1982. Both gentlemen have consented to serve on the board if appointed. Mr. Scheifley moved that Sam Ogren and William Collins be appointed as regular members of the Contractors Board of Examiners to three-year terms ending August 27, 1982, seconded by Mr. Young. Said motion passed unanimously. 6.e. The City Manager reported that at a meeting held August 21st, the Planning & Zoning Board discussed nominees for a vacancy on the Planning & Zoning Board as a result of Phyllis Plume's term expiring on September 28, 1979. After discussion, a motion passed unanimously, recommending to Council that Phyllis Plume be reappointed for a three- year term ending September 28, 1982. Mrs. Durante moved for the reappointment of Mrs. Phyllis Plume to the Planning & Zoning Board for a three-year term ending September 28, 1982, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mayor Weekes stated that Council has expre~ssed a desire to place new persons on City boards who are able and willing to offer their services to the City and he thinks that is a fitting and proper thing to do. However, there is no need to remove from the boards those people who have performed outstanding work for the City and who are willing to continue to perform such service for the City. Mrs. Plume has worked very diligently and intelligently for the City and he has a great deal of respect for her and for her capability. For the public's information, there will be, from time to time, the placing of new members on the City boards; in some instances it may create hard feelings, but it is something that is going to take place. At this point the roll was called to the motion. 6.f. The City Manager reported that as discussed at the workshop meeting on August 20th, Council is to consider the appointment of an alternate ~member of the Civil Service Board to the unexpired term of Mike Brody', ending July 1, 1983. Mr. Bird moved that Mort Rowe be nominated as an alternate member to the Civil Service Board, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes stated that Mr. Rowe called him about two weeks ago and advised that he would be willing to serve. The members of Council have seen Mr. Rowe; he has spoken before the Council on a number of occasions. His impression of Mr. Rowe is that he is a public spirited citizen and would make a good member of that board. Mrs. Durante suggested getting a short resume on persons being considered for boards when Council has not previously discussed it at a workshop meeting. At this point the roll was called to the motion. 6.g. The City Manager reported that pursuant to discussion at the August 20th workshop meeting, Council is to consider the appointment of a regular member of the Board of Adjustment to the unexpired term of Preston Wright, ending March 15, 1980. Mrs. Durante moved for the appointment of Mr. Jake Pullum to the Board of Adjustment to the unexpired term of Mr. Preston Wright ending March 15, 1980, seconded by Mr. Bird. Said motion passed unani- mously. - 2 - 8/27/79 Before roll call, Mr. Scheifley asked Mrs. Durante if she feels reasonably sure that Mr. Pullum will attend the meetings on a regular basis since the Board of Adjustment always seems to have an attendance problem. Mrs. Durante replied that she talked with Mr. Pullum about the attendance problem and he assured her that he would be able to attend the meetings. At this point the roll was called to the motion. 6.h. The City Manager reported that as discussed at the workshop meeting on August 20th, Council is to consider the appointment of Ms. Rosetta Rolle to the Beautification Committee. Ms. Rolle would be willing to serve if appointed. The Chairman of the Beautification Committee informed him that the Beautification Committee would be delighted to have Ms. Rolle join their group. Mrs. Durante moved for the appointment of Rosetta Rolle to the Beautification Committee, seconded by Mr. Bird. Said motion passed unanimously. 6.i. The City Manager reported that pursuant to informal workshop decision on August 20th, Council is to give consideration to the install- ation of parking meters on the beach. He directed a memorandum to Engineering taking into account the two or three various features of the plan that was discussed at workshop; 1) to have meters on the first block of Atlantic Avenue only, coming west off A1A, at a rate of 25¢ an hour rather than the lower rate that was shown on the original study plan; 2) in Sandoway Park and Anchor Park to not plan on installing meters at this time on at least one-half of the lot in each case; to reserve those spaces to experiment with selling annual stickers for parking purposes; 3) east of the Fire Station on toward Ocean Drive, there are several spaces marked off and he instructed Engineering to not proceed with the installation of meters on these particular spaces at this time, the reason being that they need to know what's going to happen to that fire station site before they make a determination with regard to the installation of meters. He also asked Engineering to give consideration to the suggestion made by Council that $25 a year be established as the annual fee for sticker parking and he will get back to Council for any further discussion that might be needed with regard to this subject. It is recommended that Council authorize the Admini- stration to move ahead with the parking meter plan. Mayor Weekes, for the benefit of the public, gave some reasons why the City is considering this; 1) it has cost the City almost $300,000.00 a year to maintain the beach and its support systems; 2) over 70% of the people that use the beach are not taxpayers or residents of the City of Delray Beach; 3) they are not in a position to offer any preferential treatment to the citizens of the City for the reason that when the beach was restored, it was restored with a combination of local, County, State and Federal funds and a part of the condition of getting these funds was that any member of the public would have the same use of that beach as Delray Beach residents. Mr. Alvin Dohert¥, 300 N.W. 22nd Street, stated that his business is located at 1008 East Atlantic Avenue. He is representing a number of business and property owners in the commercial area east of the Intracoastal on Atlantic Avenue. They are concerned that this proposal to put meters on the beach is moving' very quickly without a great deal of input from any other citizen group. He doesn't intend to become a policeman, chasing people out of public lots because they want to avoid meters at the beach. All that he's asking is to have a study group appointed comprised of the business people, Chamber of Commerce, some of the homeowners and those people who are going to be directly affected if someone wishes not to park and pay a quarter. They might explore some remedy, should the City go to parking meters, so that these commercial lots that are not policed can be controlled. - 3 - 8/27/79 Mr. Harvey Brown, 2020 N.W. 3rd Avenue, added that the unsightliness of parking meters on the beach would offset the unsightly appearance that it has right now. The nuisance to the business people is beyond question. This whole parking situation is going to surge from the beach clear to the waterway. He is concerned about the additional cost to the City of the patrolling to try to stop th'e illegal parking, not to mention the cost of maintaining and enforcing the meters. He thinks that the necessity of hiring additional employees to administer the parking lot program is unwise in light of the present insurance,' social security and pension requirements that the City would have to meet. The cost of maintaining the beach is one that should be borne in a general tax situation. The tennis courts, recreation centers, senior citizens' center and the parks in the City also do not generate enough income to maintain their keep. If they all feel that the beach is the most important asset, then they should put their priorities where they belong. He would like to see the plan stopped at this time and see additional input as Mr. Doherty recommended. Mr. Martin Thieme, 260 N.E. 14th Street, stated that he is an old-timer here in Delray. The beach was given to the citizens of Delray free prior to the time he came to Delray in 1911. He doesn't see ho%; the City can put meters in and take the right away from the citizens to park over there. Mr. Richard Corriston, Country Manors, stated that he thinks the members of Council should search their souls and take a real good look at this. The business people and the taxpayers are against them. Those three parking areas that the taxpayers own should rightfully be the parking areas for the taxpayers. The beachfront people are the ones that are creating this problem and it's not needed. There's no need for discrimination and that's exactly what they're doing. There's better answers to this than satisfying the Beach Property Owners' Association. Mr. Bill Ward, Chamber of Commerce, 8 East Atlantic Avenue, stated that he concurs with Mr. Doherty and Mr. Brown. If it's possible, they should delay this action until they can get some further input from the business groups in town. Mr. Mario Guarduci, 225 N.Eo 5th Street, stated that they just moved into this town because he liked everything about it. One of the things they liked was that there were no parking meters on the beach which all the beaches back in New Jersey did have. He knows that the City needs money and he knows they're trying to find ways in which to get it. He suggests that they take a little time to study it. If they need any help, he would be more than happy to be of service of any kind. Mrs. Durante stated that the comments from the public seem to stem around an opportunity for more input from the public and especially from the business community. She thinks that the business community is going to be affected very much by this decision and she would like to allow them to have the opportunity to have some more input. Mr. Scheifley stated that these gentlemen from the business community have made some very good points. They have a case and he can see their viewpoint. However, some things have been said tonight which disturb him. For instance, a statement was made that the taxpayers oppose it. If the taxpayers realized that they were having $300,000.00 of their property taxes used to pay for the lifeguards and to service 70% of the people who use the beach %.;ho do not live in the City, he thinks more of them would be in favor of beach parking. People don't know all of the facts. If they should postpone this, he thinks that all of the facts should be brought out and the people who are interested in this subject should know all the angles of it. This is the only public beach in Palm Beach County that is free, so there is a tendency for people from Broward and Dade County and all over to gravitate to Delray Beach. The people who live up at the beach do have a case, but it also works to their detriment. One gentleman %~ho lives over there is con- cerned because he has a house there and he feels that if they have this metered parking on the beach, it will tend to encourage those people to park in the residential areas. It's not an easy question, but it's got to be analyzed in terms of what is best for the majority of the people and the taxpayers. - 4 - 8/27/79 Mr. Bird concurred with Mr. S~heifley's remarks and sug- gested that Council defer a decision on this item for a stated period of time, 2 weeks or 4 weeks, and that during that time either a study group or an informal committee be put together to accept input from all sources and that alternative plans be considered. Mr. Young stated that Mr. Scheifley's estimate of the people using the beach is not something that was picked out of the air. Most of the people using that beach, up to 65% to 70% of them, do not pay ~ne dime of ad valorem taxes into the City of Delray Beach. Mrs. Durante suggested that they have a mixture of citizens and business people get together and study this, realizing that the intention is to try and hold the line on taxes and to see if they can come up with an alternative way to bring in the same dollar amount. Mayor Weekes concurred with Mrs. Durante and Mr. Bird that the business community has raised some valid questions about the issue. Another issue that hasn't been raised is the plight of the people who live on the side streets adjacent to the public beach who will not have parking meters up and down their streets. People are going to be flock- ing to park down those side streets. The matter of policing the side streets is going to be an intolerable one. He agrees with Council that they defer this matter and permit the citizens groups, the business community and the Chamber of Commerce to get together. The next ques- tion is when will they have this brought back for discussion. Mr. Doherty stated that Mr. Bird mentioned the alternative of 2 weeks or 4 weeks; he suggests that they make it 4 weeks because there is a holiday coming and many people are finishing up their vaca- tions at this time. Mr. Bird stated that the 4 weeks is going to put them hard up against their decision in order to finalize the budget. The City Manager stated that at the workshop meeting, Council indicated that it was not in favor of going beyond the certified millage which would make Council action on the budget tonight unnecessary and they've already gone over that item. The delay of the parking meter question will put in question the $42,000.00 budget balancing money that they tentatively put in the budget during budget workshop. Either the $42,000.00 has to stay in or it has to come from another source or they have to make other revamping of the budget before it is finally adopued and that's scheduled for final adoption on September 24th. Even if they did exceed the certified millage rate, they could not recoup the entire $42,000.00. They figure that $37,000.00 would be the maximum that they would be able to recoup taking into consideration the 5% limitation in tax revenue excluding new construction imposed by the last session of the Legis'lature. Mr. Scheifley suggested that if the committee that is appointed decides to come in and make a recommendation against the parking meters that they also have a corollary suggestion as to what should be taken out of the budget to compensate for the difference. Mr. Bird moved that the subject of beach parking meters be deferred and brought back before this Council at a workshop meeting on the 17th of September and again at a formal Council meeting on the 24th of September, and in the interim, that a committee be formed including representatives of the various condominium associations, housing associ- ations and business groups and that they report to Council at the infor- mal workshop on the 17th of September, and the Council take formal action on the 24th of September, recommendations to be brought forth by this committee to include alternative funding sources or priorities if it is deemed that parking meters are inappropriate, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Young asked the City Manager if he had any record of who the presidents of the various homeowners associations are. The City Manager replied that he doesn't know if they have an up to date list but they have considerable information with that regard. - 5 - 8/27/79 Mr. Brown stated that he hopes that each member of the Council will try to maintain an open mind and not feel that the parking meters are the only answer to the problem. Mrs. Durante asked if Council waits until September 24th to adopt whatever recommendation is made, is that too late for the budget adoption. Mayor Weekes replied that it %~ill have to be plugged in. Mr. Bird asked if Mr. Brown, Mr. Doherty or Mr. Ward would take responsibility for the formation of this committee from the business side. Mr. ~ard replied that he thinks it would be excellent if they did it under the Chamber of Commerce. Mr. Scheifley stated that it would be wrong to have anyone on this committee who isn't a resident of Delray Beach. At this point the roll was called to the motion. 6.j. The City Manager reported that as discussed at the workshop meeting on August 20th, Council is to consider authorizing execution of the Catherine Strong Center lease agreement for the period from October 1, 1979 to September 30, 1980. Mr. Young moved that Council authorize execution of the Catherine Strong Center lease agreement, seconded by Mr. Bird. Said motion passed unanimously. 6.k. The City Manager reported that as a result of enforcing Ordinance No. 69-78 "Seawalls", the following property owners were notified concerning erosion problems relative to seawalls. These prop- erty owners failed to respond within the 90-day period of notification: Dorothy & Nicholas D'Addario 1821 S.W. 56th Avenue Plantation, Florida Lot 2, Block 5 Repair or replace seawall Seagate Extension Subdivision 906 Seasage Drive Muriel & Howard McLain 139 Bunn Road Hil 1. sdale, Michigan Lot 313 - Section 3 Repair or replace seawall Gardenia Drive Tropic Isle Subdivision Proposals were solicited from four engineering firms for engineering services for the seawall construction or repair. Arthur V. Strock & Associates, Inc. was the only firm which responded. It is recommended that Arthur V. Strock & Associates, Inc., be retained as consulting engineer to design the erosion control structures. The estimated cost for the seawall improvements is approximately $10,000 per lot. All of the engineering fees, estimated to be 10% of the construction cost, would be chargeable to the property owners. The City Attorney reported that this item and the next one (6.1.) pertain to the City's seawall ordinance. The City Attorney's office recommends that Council defer, for the time being, the retaining of an engineering firm and that instead, since the ordinance at this point is untested and since the expenditure for each lot is significant, $10,000 per lot, they would prefer to institute an action in Circuit Court where the issue of the validity of the ordinance can be raised and also seek an injunction in connecton with that. He recommends that Council not take action on this item other than authorizing the City Attorney's office to proceed with such an action in Circuit Court. Mr. Young moved that the City Attorney's office be author- ized to proceed %;ith such an action in Circuit Court, declaratory judg- ment and injunctive relief, seconded by Mr. Bird. Said motion passed unanimously. - 6 - 8/27/79 6.1. The City Manager reported that as discussed at the August 20th workshop meeting, Council is to give consideration to a decision on the Thomas J. Woolley, Jr. nuisance abatement hearing. The City Attorney reported that in reference to this item, Council should direct the City Attorney's office to prepare a resolution consistent with whatever decision Council would like to have rendered in regard to this matter and after the decision is rendered, at that time, authorize the City Attorney's office to likewise proceed with this matter in Circuit Court. In response to a question by Mr. Scheifley, the City Attorney stated that a Code Enforcement Board would not have the author- ity to render a decision on a constitutional question and secondly it wouldn't bind a Court if it did render such a decision. The City Manager stated that the board will handle smaller matters than this. Mr. Scheifley moved that the City Attorney's office be instructed to pursue this particular case to support the recommendation of the Administration and the City Engineer, seconded by Mr. Young. Said motion passed unanimously. 6.m. The City Manager reported that as discussed at the August 20th workshop meeting, Council is to give consideration to approving a license agreement for the Delray Beach Country Club. It is recommended that Council give its formal approval tonight. This will call for a bid opening at 11:00 a.m. on October 1, 1979. The City Manager reported further that he has been concerned to hear from a few persons that it was their understanding that it was all over with and that there was no need to bid. He wants to assure everybody, especially the potential bidders, that no one is locked in on this; it is wide open. Mr. Scheifley moved that the license agreement as proposed and illustrated by attachment 6.m. to the agenda be approved by Council and that it include the procedures which are attached, being understood that sealed bids will be accepted until 11:00 a.m., October 1, 1979, and the bids will be opened and publicly read aloud at that time and they will be submitted to Council at a later date for action, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call, Mr. Scheifley asked the City Manager how much later will the bids be submitted to Council for action. The City Manager replied that it hasn't been determined yet. He thinks that they shouldn't decide now because the bids may come in in such a way that they won't need much time for evaluation or they could come in such a way that more time is needed for evaluation. At this point the roll was called to the motion. 6.n. The City Manager reported that as discussed at the budget workshop meeting on August 21st, Council is to consider directing curb- side pickup of garbage, effective October 1, 1979. Mayor Weekes gave several reasons why this item is under consideration. The general revenue budget of the City is subsidizing garbage and trash collection by almost the same amount as the beach, almost $300,000 annually; in other words the charge that they're making for residential collection is not sufficient to provide the service. The Council has felt for some time that this service should gradually be made self-sustaining and in order to approach that they have two alterna- tives; 1) to go to curbside pickup of garbage or 2) to raise the fee one dollar a month. The City charges $4.95 a month for a residential garbage and trash pickup. The question at issue is does the City wish to go to curbside and leave the fee at $4.95 or does the City wish to continue the rear-yard pickup and go to $5.95. Mr. Bill Bathhurst, 1423 North Swinton Avenue, stated that he is in favor of going to the $5.95 for cost and aesthetic reasons. On the cost basis, he would suspect that trash up and down the street during the day would raise a requirement for additional dog patrol and also police being called out; these would be additional costs to the City. - 7 - 8/27/79 Mr. Harvey Brown, 2020 N.W. 3rd Avenue, stated that he has lived in Delray Beach since 1947 and has had a business here since 1955. He, too, is concerned about the aesthetics of this thing; he thinks that the health and the aesthetics are the number one consideration. There would be the possibility of vandalism and ransacking, with garbage cans sitting out on the curb. It's unattractive enough in places the way it is now. He thinks it would be an unsightly thing that residents would be willing to pay not to have to look at. An older person on a fixed income might not be willing to pay the extra dollar per month, howe~er, this is the same person who would be required by physical necessity to purchase a cart to wheel that garbage to the front of their lot. Probably once a year they would have to replace that cart and he thinks that should be a consideration when people are deciding whether they want to pay the extra dollar or not. They all are striving to improve the quality of the appearance of the streets and curbside pickup is certainly, in his opinion, a step backwards. Mrs. Phyllis Plume, 409 Lake Drive, stated that Mr. Brown has made many points that she concurs with. As a past member of the Beautification Committee, she inquired as to whether that committee has considered this issue at all because they used to pride themselves on the fact that they did pick up and it kept the town considerably cleaner. As a resident of the City, she would like to see this operation pay for itself and she would be willing to pay a dollar a month more. Mrs. Alice Finst, 707 Place Tavant, stated that they in Chatelaine are having County sanitation pick up their garbage and she would like the City to check and see if it would only be a dollar more for people who are under County sanitation. They are now paying $3.00 a month. Mayor Weekes stated that, in any event, the present City charge is $4.95 per month for residential garbage and trash pickup; two garbage pickups a week and one trash pickup so they're not relating this to County sanitation's charges whatsoever. Mrs. Finst stated that at one time the City was going to look into separate pickup for newspapers and check into what kind of a contract could be worked out. She was wondering if that could be used to add revenue to the City and, perhaps, reduce the cost of the garbage pickup. Mayor Weekes stated that it was looked into about a year ago and, at that time, it was deemed not to be economically profitable to do it. However, times have changed and he has again asked the Admini- stration to reassess that. Mr. B.C. Butler, 1110 N.E. 2nd Avenue, stated that the $5.95 charge for the two services is the biggest bargain in town. If he really wanted to make this town ugly, he would put the cans out on the street. He hopes that Council will go ahead and add on the extra dollar tonight and get it over with. Mr. Sam Portnay, stated that this really does not work out for High Point and High Point does have garbage cans but they're in the ground; they use plastic bags. The way it works now is they have their plastic bags and they're picked up twice a week. They bring them out to the front at a certain time in the evening and by the time they're up and about, those bags are gone. He recommends sticking to the old system of putting the garbage out in the front. Mr. Art Parsons, 625 Sunshine Drive, suggested that if this does go through, the City should make sure that they set specific times that the cans have to be out and back in. In response to Mr. Scheifley, the City Manager stated that it was estimated by the Administration that there would be a savings of $90,000 a year by going to curbside. To not go to curbside but to continue as they are now, it's their estimate that they would need to raise the fee one dollar per month for the same $90,000 savings. - 8 - 8/27/79 Mrs. Durante asked if it is possible to assess a portion of the City for curbside pickup and another portion for backdoor pickup with different rates. The City Manager replied that it is possible. The City Attorney stated that to determine whether or not a particular neighborhood has opted for a particular kind of service is going to be somewhat difficult. Mayor %~eekes stated that High Point is the easiest section in the whole city to treat differently than some other section because they're well-defined, they have a Board of Directors and their interior streets are all private streets. Mr. Bird moved that the City Administration be instructed to increase fees for collection of garbage and trash in the City at the rate of $5.95 per month per dwelling unit for up to six dwelling units and a lower rate per unit for six dwelling units and above that have dumpsters effective October 1, 1979, and that the City continue studying between now and the time when the County sanitation contract expires what alternatives can be made available to those citizens who will be taking advantage of this service in the upcoming months, seconded by Mr. Young. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Portnay stated that High Point is against the rear pickup for one main purpose; their bedrooms are in the rear. They would prefer to take the garbage themselves to the front. Mr. Bird stated that they have not closed out the possi- bility of curbside pickup in High Point and he suggested in his motion that they would continue to study that. At this point the roll was called to the motion. 7.a. The City Manager reported that the City is in receipt of an application from Arthur E. and Marion D. Parsons for City water service to serve Arrow Trailer Park, 1800 North Federal Highway, located outside the City. The applicant having executed the City's standard agreement for the providing of water service 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 trailer park which has been in operation approximately 20 years and had 35 sites, 5 efficiency motel rooms and one single bath residence. The City Manager stated that if Council gives its approval, this will then be referred to the City Attorney's office to see whether or not this prop- erty is eligible for annexation Mr. Bird moved for approval, seconded by Mrs. Durante. Said motion passed unanimously. 8.a. The City Manager reported that it is recommended that Reso- lution 61-79 be adopted accepting the water and sewer lines in Woods of Southridge as operational. This item was skipped at the August 13th meeting. The City Manager presented Resolution No. 61-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN "WOODS OF SOUTHRIDGE", PLAT 2 OF 2 AS RECORDED IN PLAT BOOK 13, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLO~ING LOCATIONS; DOUGLAS AVENUE FROM SUNDY AVENUE TO S.W. 8TH AVENUE; BESSIE STREET FROM END OF SECTION TO S.W. 8TH AVENUE; ELLA STREET FROM END OF SECTION TO S.W. 8TH AVENUE; SUNDY AVENUE FROM END OF SECTION TO DOUGLAS AVENUE; CENTRAL AVENUE FROM SUNDY AVENUE TO END OF SEC- TION; S.W. 8TH AVENUE FROM DOUGLAS AVENUE TO 80 FEET PAST END OF SECTION; DIXIE BOULEVARD FROM S.W. 10TH STREET TO CENTRAL AVENUE; BENJAMIN AVENUE FROM S.W. 8th AVENUE TO END OF SECTION; ZEDER AVENUE FROM BENJAMIN AVENUE TO CENTRAL AVENUE; FORCE MAIN ON ZEDER AVENUE FROM - 9- 8/27/79 CENTRAL AVENUE TO S.~. 4TH AVENUE; FORCE MAIN ON S.W. 4TH AVENUE FROM ZEDER AVENUE TO DIXIE BOULEVARD, AS OPERA' TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNSIHED BY SAID UTILITIES. (Copy of Resolution No. 61-79 is-on file in the official Resolution Book) Mr. Young moved for the passage of Resolution No. 61-79, 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. 8.b. The City Manager reported that Resolution No. 64-79 revising the speed limit on Congress Avenue from Lake Ida Road north to the City limit line from 50 MPH to 45 MPH is before Council for consideration. A traffic study was conducted by the County Traffic Engineering Department to determine if a revision in the existing 50 MPH speed limit was warranted. As a result of this study, it was recommended that a speed limit of 45 MPH be implemented. Since a portion of Congress Avenue is within the City limits, the County requested that Council adopt a reso- lution of approval to the County Commissioners. The City Manager presented Resolution No. 64-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING OF A REVISION IN THE EXISTING 50 MPH SPEED LIMIT ON CONGRESS AVENUE FROM LAKE. IDA ROAD TO THE CITY LIMIT. (Copy of Resolution No. 64-79 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 64-79, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mr. Young - Yes; Mayor t;eekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that the following quotations have been received for the installation of cart paths at the Delray Beach Country Club: Bidder Quotation Hardrives, Inc. $32,850 (7300 ft @ $4.50/lineal foot) Delray Beach Carr Soil & Sod Driveways $56,940 (7300 ft @ $7.80/lineal foot) Delray Beach It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $32,850 by passage of Resolution No. 65-79 with funds to come from the Country Club portion of the 1978 Utility Tax Revenue Bond Issue. The City Manager presented Resolution No. 65-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE INSTALLATION OF CART PATHS AT THE DELRAY BEACH COUNTRY CLUB. (Copy of Resolution No. 65-79 is on file in the official Resolution Book) Mr. Bird moved for adoption of Resolution No. 65-79 awarding the contract to the low bidder, Hardrives, Inc., 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. - 10 - 8/27/79 8.d. The City Manager reported that Resolution No. 66-79 commending David Graham on winning the P.G.A. championship is before Council for consideration. The City Manager presented Resolution No. 66-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COM~NDING DAVID GRAHAM FOR WINNING THE U.S. PGA GOLF TOURNAMENT AND BRINGING FAVORABLE ATTENTION TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 66-79 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 66-79, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Durante- Yes; Mr. Scheifley -Yes; Mr. Young -Yes; Mayor ~;eekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 49-79 relative to annexing Lots 45, 46, and 47, Block 35, Del Raton Park, located on the west side of Florida Boulevard between Avenue "F" if extended east and Avenue "G" if extended east, subject to RM-10 (Multiple Family Dwelling) District is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 23rd 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. 49-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 45, 46 AND 47, BLOCK 35, DEL RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSItIP 46 SOUTH, RANGE 43 EAST, LYING ON THE ~EST SIDE OF FLORIDA BOULEVARD, BET~EEN AVENUE "F", IF EXTENDED EAST AND AVENUE "G", IF EXTENDED EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 49-79 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. 49-79 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.f. The City Manager reported that Ordinance No. 50-79 relative to annexing portions of Linton Boulevard is before Council for con- sideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 23rd 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. 50-79: - 11 - 8/27/79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, FLORIDA, PORTIONS OF LINTON BOULEVARD, LOCATED IN SEC- TIONS 19, 20, 29 AND 30, TOWNSHIP 46' SOUTH, RANGE 43 EAST, AND SECTION 24, TOWNSHIP 46 SOUTH, RANG'E 42 EAST, ?~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND. (Copy of Ordinance No. 50-79 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. Young moved for the adoption of Ordinance No. 50-79 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.g. The City Manager reported that Ordinance No. 52-79 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances to add "Auto brokerage, including vehicle display" as a permitted use in the CC (Community Commercial) District. This ordinance was passed on First Reading at the August 13th 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. 52-79: 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 29-10(B) CC (COMMUNITY COMMERCIAL) DISTRICT TO ADD "AUTO BROKERAGE, INCLUDING VEHICLE DISPLAY" AS A PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-79 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 adoption of Ordinance No. 52-79 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.h. The City Manager reported that Ordinance No. 53-79, amending Chapter 29 "Zoning" of the Code of Ordinances to allow racquetball clubs as a conditional use in the ~4-10 and RM-15 (Multiple Family Dwelling) Districts is before Council for consideration on First Reading. Council, at the August 13th meeting, directed the City Attorney to prepare the ordinance effecting the amendment. The City Manager presented Ordinance No. 53-79: 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 29-7(C) RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT AND SECTION 29-8(C) RM-15 (MULTIPLE FAMILY DWELLING) DIS- TRICT BY ADDING RACQUETBALL CLUBS, AND THEIR ATTENDANT ACCESSORY USES AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE DATE. - 12 - 8/27/79 The City Manager read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 53-79 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.i. The City Manager reported that Ordinance No. 54-79 relative to annexing a parcel of land located on the west side of Lake Drive between N.W. 18th Street, if extended west and N.W. 22nd Street, if extended west, subject to R-1AA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family) and is used for a residence. Second and FINAL Reading and public hearing will be held at the meeting on September 24th. Council, at the August 13th meeting, directed the City Attorney to prepare the ordinance effecting the annexation. The City Manager presented Ordinance No. 54-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 4, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 26, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. THE SUBJECT PROPERTY IS IN SECTION 5, TOWN- SHIP 46 SOUTH, RANGE 43 EAST AND IS LOCATED ON THE WEST SIDE OF LAKE DRIVE, BETWEEN N.W. 18TH STREET, IF EXTENDED WEST AND N.W. 22ND STREET, IF EXTENDED WEST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDI~G 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. 54-79 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. 55-79, amending Chapter 8 "Boats, Docks and Waterways" of the Code of Ordinances relative to mooring and anchoring of boats is before Council for consideration on First Reading. A copy of a letter from Mr. Robert Stump has been furnished to Council. The City Manager presented Ordinance No. 55-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS, DOCKS AND %;ATERWAYS" ARTICLE I, BY REPEALING SECTION 8-2 AND ENACTING NEW SECTION 8-2 TO CLARIFY RESTRICTIONS ON MOORING BOATS IN CERTAIN AREAS; ENACTING A NEW SECTION 8-3.1 TO RESTRICT THE ANCHORING OF BOATS IN CERTAIN RESTRICTED AREAS OF THE PUBLIC WATERWAYS; REPEALING SECTION 8-5 AND ENACTING A NEW SECTION 8-5 CONTAINING EXCEPTIONS TO THE PROHIBITION ON MOORING OR ANCHORING OF BOATS; ADDING NEW SECTION 8-6 REGARDING POSTING OF SIGNS AND SECTION 8-7 REGARDING DISPLAY OF PEP~4ITS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 55-79 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. - 13 - 8/27/79 8.k. The City Manager reported that Ordinance No. 56-79, amending Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances relative to increasing charges for additional sewer tap connections is before Council for consideration on First Reading. Council, at the July 16th workshop meeting, directed the City Attorney tO prepare the ordi- nance effecting the increased charges. The City Manager presented Ordinance No. 56-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CttAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 27-26 "ADDITIONAL SEWER CONNECTIONS; COST TO BE BORNE BY PERSON CONNECTING", TO INCREASE THE COST PAID BY THE OWNER TO THE CITY FOR ADDITION SEWER TAP CONNECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Young moved for the passage of Ordinance No. 56-79 on First 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. 8.1. The City Manager reported that Ordinance No. 57-79, amending Chapter 27 "~ater and Sanitary Sewerage" of the Code of Ordinances relative' to increasing charges for water meter installations is before Council for consideration on First Reading. At the July 16th workshop meeting, Council directed the City Attorney to prepare the ordinance effecting the increased charges. The City Manager presented Ordinance No. 57-79: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 27-2(b) "~TERS, MINIMUM SIZE; COST OF INSTALLATION; USE OF FIRE HYDRANTS", TO INCREASE THE CHARGES FOR CERTAIN WATER METER INSTALLA- TIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Scheifley moved for the passage of Ordinance No. 57-79 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.m. The City Manager reported that Ordinance No. 58-79, amending Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to clarification and updating of said ordinance is before Council for consideration on First Reading. The City Manager presented Ordinance No. 58-79: 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(b) AND ENACTING A NEW SECTION 3-2(b); REPEALING SECTION 3-3(b)39 AND ENACTING A NEW SECTION 3-3(b)39; REPEALING SECTION 3-3(b)50 AND ENACTING A NEW SECTION 3-3(b)50; AMENDING SECTION 3-5(7) and 3-12(4); REPEALING SECTION 3-12(10) AND RENUMBERING SECTIONS 3-12(11) THROUGH 3-12(17); AMENDING SECTION 3-12(18) AND RENUMBERING (18) TO (17); RENUMBERING SECTION 3-12(19) AND (20) TO (18) AND (19) RESPECTIVELY; REPEALING SECTION 3-14(E) AND ENACTING A NEW SECTION 3-14(E); REPEALING SECTION 3-14(F)(1)(b) AND ENACTING A NEW SECTION 3-14(F)(1)(b); AMENDING SECTION - 14 - 8/27/79 3-14(F) BY ADDING A PARAGRAPH (5); REPEALING SECTION 3-14(G)(4); AMENDING SECTIONS 3-15(A), 3-15(B) AND 3-15(D)(1)(a); AMENDING SECTION 3-15(D)(1) BY ADDING A SUB-PARAGRAPH (c); AMENDING SECTION 3-15(D)(2); REPEALING SECTION 3-15(D)(6) AND ENACTING A N~ SECTION 3-15(D)(6); AMENDING SECTION 3-15(D) ADDING A PARAGRAPH (9); 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. 58-79 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. Mayor Weekes left the Council Chambers at this time and Vice-Mayor Scheifley took the chair. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 21st, considered rezoning a 20-acre parcel of land from R-IAAA (Single Family Dwelling) District and PRD-7 (Planned Residential) District to PRD-4 (Planned Residential) District. This land is located in Section 7-46-43 at the northeast corner of Lake Ida Road and Davis Road. After discussion, a motion passed unanimously, that the subject property be rezoned to bring the zoning for this prop- erty into conformance with the zoning for the balance of the Rainberry Lake development. If Council is in agreement with the recommendation of the Planning & Zoning Board, it is suggested that Council direct the City Attorney to prepare the rezoning ordinance. Mrs. Durante moved that the City Attorney be directed to prepare the rezoning ordinance to rezone this parcel of land from R-1AAA and PRD-7 to PRD-4, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Durante - Yes; Mr. Young - Yes; Vice- Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes returned to the Council Chambers at this time. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on August 21st, recommended by unanimous vote that the final plat approval for Faircrest Heights Subdivision, located west of the E-4 Canal, between Germantown Road and the L-37 Canal be approved, subject to the following: 1) City Engineer's memorandum of August 14th. 2) Director of Public Utilities memorandum of July 31st. 3) Availability of water. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Bird. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on August 21st, recommended by unanimous vote that the abandonment of a 20-foot utility easement located within the Pelican Harbor development, Section 33-46-43, northeast corner of U.S. No. 1 and the C-15 Canal be approved. This easement, which was granted under the Old Treaty Point development is in conflict with the present approved site plan for Pelican Harbor. It is recommended that the City Attorney be directed to prepare the resolution effecting the abandonment. Mr. Scheifley moved that the City Attorney be directed to prepare the resolution effecting the abandonment, seconded by Mr. Bird. Said motion passed unanimously. - 15 - 8/27/79 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on August 21st, recommended by unanimous vote that the conditional use approval request in the GC (General Commercial) district to allow a Board and Care Home (~ayside Guild), located in Section 16-46-43 on the west side of N.E. 6th Avenue between' N.E. 3rd Street and N.E. 4th Street be approved, subject to the following: 1) Availability of water. 2) A time limitation of one year be set for development of the project. A copy of a letter from Phyllis Michelfelder requesting a waiver of the $300 filing fee has been supplied to Council. Mr. Scheifley suggested that they take this item in two parts. Mr. Scheifley moved that Council sustain the recommendation of the Planning & Zoning Board that the conditional use be granted, seconded by Mr. Young. Said motion passed unanimously. Mayor Weekes stated that the next part of the question is whether or not to waive the $300 fee. Phyllis Michelfelder stated that she is the director of Wayside House, a residential facility for recovering alcoholic women. They are a struggling organization and that is why the waiver request was made. However, at this point, she is so grateful that the City has approved them that she really doesn't want or need anything more. It was the consensus of Council not to waive the $300 fee. Mayor Ueekes declared the meeting adjourned at 9:40 P.M. - -y City~ Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of August 27, 1979, which~,minutes were formally approved and adopted by the City Council on//~,~ /o~ /~ . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 8/27/79