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01-23-78 '195 JANUARY 23, 1978 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:03 P.M., Monday, January 23, 1978 with Mayor James H. Scheifley, presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. 1. The opening prayer was delivered by Reverend J. H. Thomas of St. Paul's Baptist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Scheifley stated, before the approval of the minutes, he would like to get the opinion of Council that these minutes are done in a manner which is a completely different format than what has been used in the past four to five years. In the past, there was a motion and second and then there was the discussion. In these minutes, for the first time, it states the motion that is made is passed and then it states "previous to the passing of the motion, the following discussion was had". This may be a minor point, but it deviates from the pattern in reading the minutes. Mayor Scheifley noted he personally prefers the old system whereby a motion is made and seconded then it shows the discussion and then the final vote. The City Manager stated this could be a subject for a workshop meeting. Mr. Sanson stated he sees no change and that the minutes have been following the same format. The City Manager asked the City Clerk if she was aware of any change in the format of the minutes. The City Clerk replied she sees no change in the past few years. 3. Mr. Weekes moved for the approval of the minutes of the regular meeting of January 9, 1978, seconded by Mr. Randolph, said motion passing unanimously. 4.a.1. Mr. Sanson noted he has been making several trips to Tallahassee and Tampa for the purpose of helping the state government develop a Coastal Zone Management Plan and he wanted everyone to understand that the expenses for these trips are being reimbursed by the State of Florida and not coming out of City funds. 4.a.2. Mr. Sanson stated, at the last Council meeting, Council was asked to concur with the City Manager's comments relative to the A-95 Review Process on the proposed Southridge Plat #1 Subdivision. At that time, in'reviewing the application, Council felt there were some incon- sistencies with the project. Mr. Sanson added, at that time, that he was on his way ~to a meeting of the Regional Planning Council meeting in Stuart, Florida where this application was up for consideration. Prior to that meeting, he ~anson) traveled over the proposed subdivision and it does appear, from his investigation, that there are some valid questions of concern for this project. The application does seem to have some inconsistencies in terms of the size of the parcel, number of lots proposed and the lot size. With the help of Dan Kotulla, they have figured that the project is a little larger than proposed and that the lot sizes, on the whole, are a little smaller. The density of the project will probably be about 13.5 units per acre. Council has said that they are in favor of this project, based on the fact that it happens to be in concurrence with the Land Use Plan, which says this is a single family area. Single family, as he (Sanson) understands it, would be 3.8 units per acre. We are approving a project that would be in the neighborhood of 13 units per acre. If you took the application literally, this says it is going to be 15 units per acre, single family. Mr. Sanson added he does not know what the legal ramifications are and doesn't know where we stand on this. In talking with Mr. Weekes concerning this Mr. Weekes felt that some of this property is county land and it was his (Sanson's) impression that this land was entirely within City boundaries. Mr. Sanson noted, as he understands the A-95 review~process, Council might not have anything they can do to stop this. That was taken care of when Council voted on a 3 to 2 vote to allow the Bass Creek Development to proceed with their undersized lots in variance with our curnent zoning. Now that that has occured, any development with a previously platted subdivision can build on these size lots; this means under the A-95 review process, that any project asking for federal funding, you have the right to comment as to whether or not you think it is a good project and whether or not federal funds should go into it. He finds it hard to believe that any project putting some 13 to 15 units on an acre of land in a single family fashion would be of benefit to anyone. He would rather see a multiple family development done properly with two or three stories with some open space around it. Mr. Sanson deferred to the City Attorney's response. The City Attorney informed Council that one of the major objectives of A-95 Review is to achieve inter-governmental coordination between the federal funding agency and the local level. The reason they are asking for comments from the City is to find out whether or not the proposed project is in compliance with our rules and regulations. Based upon Mr. Sanson's statements, that is, basically, might be something tha% the City might prefer not to have, under the current regulations it apparently complies. If that is true, that is, basically, the comment to the A-95 review agency. Mr. Sanson informed Council that the Regional Planning Council took a poistion of saying that this was not of regional significance but they did understand that there were some local questions that needed to be resolved. Mr. Chuck Potter, Chairman of the Area Planning Board, who serves on the Regional Planning Authority, felt that this was a terrible project. This item was on the agenda for the Area Planning Board meeting on Friday, January 20th and Mr. Potter was going to say that he did not think it was a proper project to be built. Even with Bass Creek, with the fact that they were permitted to build on undersized lots, still was no more than 5 units per acre. In this case, you are talking about 13 to 15 single family dwellings per acre. Mr. Sanson added, in his opinion, if it is to be assumed that they are going ahead with the project, he would rather see this property rezoned to Multiple Family and have this done in a proper manner. Mr. Chapin stated it would be helpful to obtain all the facts and suggested that this matter be referred to the Planning & Zoning Board to review this proposed development and report back to Council. Mr. Chapin moved that this matter be referred to the Planning & Zoning Board and return to Council with their findings, seconded by Mr. Sanson, said motion passing unanimously. ° 4.a.3. Mr. Sanson noted he had lunch with Commissioner Bill Medlen at the Regional Planning Council meeting and Commissioner Medlen brought a point to his (Sanson's) attention that he was not aware of concerning the proposed purchase of the golf course; Mr. Medlen advised he had communicated to the Mayor that, if the City of Delray Beach was interested, he (Medlen) would be in favor of seeing what could be done to use county funds to purchase the extra nine holes of the golf course and questioned why he had not received a response from the City. Mr. Sanson stated this has some merit for consideration. Mayor Scheifley stated it is his understanding that the first discussion was had with Mr. Weekes and last week he (Mayor) talked with Mr. Medlen about this possibility and he (Medlen) seemed to be very receptive. Mayor Scheifley stated it would be very much in order to get - together with Mr. Medlen regarding this point. The City Manager informed Council that he has had discussion with Mr. Medlen concerning this subject on Saturday evening so it is his thought that the City Council and County Commission should get together to discuss this subject. Mayor Scheifley stated this meeting should be pursued and a meeting date should be set. Mr. Weekes stated , before Council talks with Mr. Medlen, Council should decide what it wants the County to do. The City Manager stated the City met with representatives of Mrs. Harris, the owner of the golf course, last week in the first negotiation session for the purchase of the property, and there are three or four basic items that must be resolved by the Council at the appropriate time. The information - 2 - 1/23/78. has to be gathered before these items can be resolved. Council should resolve the basic items and then determine whether it wishes to ask for county participation. Mr. Chapin stated he would like to have a workshop meeting on this item at an appropriate time to determine what the City is interested in. Mayor Scheifley noted he was under the impression that this was mentioned at a public meeting and Mr. Sanson was absent or did not hear Mr. Weekes' announcement. Mr. Sanson stated he will assume that Council will be discussing this well in advance of any deadlines. 4.a.4. Mr. Sanson commented that he will be distributing to Council a copy of a proposed resolution relative to a regional matter of a proposed development in the northern part of Palm Beach County. This is a development consisting of 10,004 dwelling units with an estimated population of 18,416 people which the Regional Planning Council has been very involved in. Mr. Sanson asked that this item be scheduled for the next appropriate workshop meeting. 4.b. Mayor Scheifley welcomed Mr. Ozie Youngblood, a former member of Council, to the Council meeting. 5.a.1. Mrs. Betty Matthews, 1024 White Drive, stated she has been receiving numerous telephone calls with respect to the lack of progress on the construction of the county park between White Drive and Rhodes Villa Avenue. Last June, the Beach Property Owners' Association requested a schedule from the county officials and they were told by the county that all of the projects would be completed in late fall. She added the parking lots have not been touched in three months. They began a seawall project which was never finished. The BPOA is wondering if there is some way that the City administration could request the County to expedite the construction schedule. In addition to looking awful, it is depriving people of the use of the property. 5.a.2. Mrs. Matthews informed Council that she has, also, received numerous telephone calls regarding the 400' of public beach. There is bad behavior there which is better suited to peoples' homes and bedrooms than to a public beach. She asked that Council find some way to handle this situation. Mayor Scheifley stated, with the concurrence of Council, we will ask the administration to check with the county on the progress of the parking lots on the beach and on the second matter, this should be referred to the administration for a police matter. Mr. Sanson stated he spent 15 to 20 minutes walking over the construction site and he will bring this up under item 7.c. on the agenda. Mayor Scheifley spoke in reference to construction schedules saying the beach restoration schedule and the beach bathhouse are far behind schedule as well as other construction sites. Council agreed to refer these matters to the administration. This was acknowledged by the City Manager. 5.b. Mr. Bob Hutser, resident of Tropic Isle, stated sometime between Thursday afternoon and Monday morning, there was a fence erected on the rear property of Delray Autohaus at 2225 S. Federal Highway, which was formerly known as Miller Volkswagen. He spoke on behalf of some of his neighbors to avert a similar problem in the area of Tropic Isle. He noted half of this property is zoned RM-15 and the fence was constructed without building permits and without going before the Community Appearance Board; they have omitted the inclusion of any landscaping. Mr. Hutser further commented that he has no objection to having a fence erected but the fence should be erected in accordance with'the laws of the City; the fence has been erected in the wrong place and in accordance with the residential code, it is in the wrong place. If this property is going to be considered commercial, this should be checked into. - 3 - 1/23/78. Mayor Scheifley thanked Mr. Hutser for bringing this matter to Council's attention and this will be checked into by the administration. This was acknowledged by the City Manager. 5.c. Mr. Frank Ellis, 553 Jaeger Drive, Tropic Palms, a member of the Tropic Palms Homeowners' Association, stated in attending the Planning & Zoning Board meeting last week, it came to his attention that there had been some action taken on the elimination of that road leading from Lindell Boulevard to Germantown Road. He was wondering if that road was eliminated in connection with the property that was being taken over by the people there and how the people would get from Germantown Road to Tropic Palms. Mr. Frank Carey, Chairman of the Planning & Zoning Board, informed Council that the Planning & Zoning Board has already approved a preliminary site plan for that entire area and, as a matter of fact, they will be before the Planning & Zoning Board tomorrow morning for workshop meeting. There is a relocation of Lindell Boulevard and old Germantown Road will be closed off, which is a dead end street. The homeowners of Tropic Palms will be able to travel from the turnpike to their homes, without any problem. 6.a.1. The City Manager reported at a special workshop meeting on Friday, January 20th, a report was heard from Edward Siver, the City's Risk Management consultant. His report was concerning the certain aspect~ of the City's insurance program and Mr. Siver recommended that the City embark upon a managed retention program, which would be a partial self- insurance program, if adopted by the City. Mr. Siver advised this could save the City money and the City administration is in agreement. Specifi- cations should be written by Mr. Siver, in consultation with the City. Following the writing of the specifications, bids should be taken for the coverage of certain portions of the City's risk. The maxinum that the risk management consultant would bill the City for would be $5,000. If Council agrees, that the study should be done and the specifications written, it is recommended that 75% of the cost be paid by the General Fund Contingency Account and that the other 25% come from the Water and Sewer Fund Contingency Account. All the members of Council who were at theworkshop meeting on Friday, were in agreement that the City should embark on this particular program. Mr. Weekes stated he supports this recommendation and noted Palm Beach, West Palm Beach, Pompano Beach, Boca Raton, Ft. Lauderdale and Miami have already gone to this type of program and he sees no way this could harm the City; it can bring benefit to the City. Mr. Weekes moved that up to $5,000 be appropriated to pay the expense of preparing the specifications and doing the analysis for this program with 75% of the funding coming from the General Fund Contingency Account and 25% from the Water and Sewer Fund Contingency Account, seconded by Mr. Chapin, said motion passing unanimously. Before roll call, Mr. Chapin explained that he seconded the motion as he felt the skyrocketing costs of municipal insurance is a great detriment to the taxpayer and this is the one way in which we can reduce insurance costs. Mr. Sanson stated, although he was not present last Friday at the workshop, he did have an opportunity to talk with Mr. Weekes concerning this item and he concurs with the present action. Mayor Scheifley noted that Mr. Siver, at that workshop meeting, showed the insurance record of Delray Beach and the City is one of the best in the county and he believes that it is 64% of the loss vs the premium, which is an amazSng record. Mr. Weekes stated the expected loss ratio for Cities is 64% on workman's compensation. The City, since 1973 through the first three months of the 1977-78 budget, is 45.6%. We are 19% below the expected average on workman's compensation. On public liability, the expected loss ratio is 60%; the City is 43.8% which includes the loss we had in 1973 and 1974 of $150,000. The City is substantially below the expected loss. Mr. Sanson stated he thought it would be proper for Council to commend the administration and the City employees on their support of the safety program. He suggested that Council pass a resolution thanking - 4 - 1/23/78. the employees for their support. Mayor Scheifley stated he has reservations concerning the resolution as he feels the employees can do alot better. Roll call on the motion was had at this time. 6.a.2. The City Manager reported that a request was received for a used car lot on the east side of Federal Highway in between Linton Boulevard and S.E. 10th Street. The County Commission is scheduled to hold a public hearing on this request on January 26th, which is three days from now. This public hearing is to consider the applicant's. request for special exception under Petition No. 78-13 to permit this used car lot. This property is presently zoned GC General Commercial in the county and the request would clearly be in violation of the City's land use plan. It is suggested by the Planning Department, that Council consider authorizing that opposition be made at that Public Hearing. Mayor Scheifley informed Council that he received telephone calls from residents at the Harbourside Condominium regarding this and he (Scheifley) referred these calls to Dan Kotulla, the Planning Director and the Planning & Zoning Board Chairman. If this used car lot is in violation of the land use plan, a motion should be passed opposing this. Mr. Chapin moved that the City administration be authorized to communicate to the appropriate officials in the County government expressing the City's opposition to the proposed usage, as it is in violation of the City's land use plan, seconded by Mr. Randolph. The motion passed unanimously. Mayor Scheifley noted the residents in the area will receive the notice of the public hearing and these residents will be in mass numbers at the public hearing, and he would like to go with them. 6.a.3. City Manager Mariott reminded Council of the workshop meeting scheduled for Tuesday, January 24th at 4:00 P.M. concerning the City's water question. 6.a'.4. The City Manager noted that Monday, January 30th is a fifth Monday and asked Council if they wish to schedule a workshop meeting for that date. Council was in agreement that a workshop meeting should be held. Mr. Sanson asked what the primary purpose of the special workshop meeting for January 24th. The City Manager replied the primary purpose will be to hear Russell & Axon's reaction to the Charles Anderson report and to outline their recommended course of action. Mr. Sanson requested that Russell & Axon come prepared to give any specific recommendations for action that they expect the City to take and that they also make sure that they have prepared cost figures. 6.b. The City Manager reported that Council should give consideration to approve a lease agreement form for use of recreational facilities which would require the leasee to carry a set amount of liability insurance, and to name the City as an insured party. This item was discussed at the January 16th workshop meeting. The City Attorney informed Council that in the third paragraph, the words "single limit", should be deleted so that the insurance coveraqe requirements will. read $250~000 per person and $500,000 per occurrence aggregate. This was a form requested by the City's insurance company to request that organizations leasing the City's recreational facilities execute. Mr. Chapin moved that Council approve the lease form agreement for recreational facilities as recommended by the City Attorney, seconded by Mr. Sanson. The motion passed unanimously. 6.c. The City Attorney stated this is in reference to the beach renourishment contract. The contract contains several conflicting references in the printed termination of damages and the actual numerical designation. The original amount that was placed in the contract for liquidated damages was $100 a day and then the Army Corps of Engineers requested Mr. Strock's office to change that to $300 a day. The change was made but, in making the change, not all references in the contract were changed. Therefore, a conflict exists and ~he City Attorney requested - 5 - 1/23/78. Mr. Strock's office to pursue an amendment to the contract so that a clarification could come about. The clarification specifies that the liquidated damages will be $200 a day. Mr. Chapin asked if this comes about if and when the contractor fails to perform as to a certain time limitation? The City Attorney replied in the affirmative and noted the time limitation is January 17th. Mayor Scheifley asked, if this is agreed to, does this mean that the contractor is under $200 a day liquidated damages? The City Attorney replied there is a provision in the contract that, in the event that delays have been beyond the control of the contractor, the liquidated damages clause would not be invoked. The contractor has made a request of Mr. Strock's office to evaluate whether or not that particular aspect of the contract will come into play as certain days they say they were delayed. Other than that, the liquidated damage provision is in play. Mr. Chapin asked what expenses would be incurred by the City in the event there is a delay. The City Attorney replied that question is impossible for him to answer. Mr. Chapin questioned if there was a bond in connection with this contract to assure performance. The City Attorney replied in the affirmative and noted the amount of the contract is over $1 million. Mr. Sanson questioned who determines whether or not this fine gets levied. The City Attorney replied the City has to make a judgment, the engineers will make a judgment as to whether or not that particular provision in the contract should be invoked, and if the City thinks it should, the money will be withheld from the contractor. Mr. Sanson asked who would make this decision as he feels this is a policy decision. The City Attorney advised Council would have to authorize the payments under the contract and, if the payments are going to be deducted because of the liquidated damages clause being invoked, Council will indirectly be involved. Council will not be involved with getting into the factual determination as to what exactly transpired and whether that qualifies for invoking the~-Clause. Mr. Chapin moved that the liquidated damages provision for the beach renourishment project be clarified to stipulate that liquidated damages shall be $200 a day, effective in accordance with the contract, seconded by Mr. Sanson. The motion passed unanimously. Mr. Sanson noted he wanted the records to show that as far as he is concerned that it should be very clear that the levying of this fine should be a policy decision decided by this Council. Mr. Chapin informed Mr. Sanson this is not a fine, it is a liquidated damage clause. Mr. Chapin asked that the word "fine" be stricken from the record. 6.d. The City Manager recommended that Council approve an electrical easement at Pompey Park, which is needed in order to bring Florida Power & Light electrical service in the most economical manner to the Pompey Park building, which is now under construction. This easement would be 10' in width and 530' in length and would not cost the City any additional money. Mr. Weekes moved that Council authorize an electrical easement at Pompey Park, seconded by Mr. Randolph. The motion passed unanimously. 7.a. City Manager Mariott reported the Delray Affair Committee is requesting Council approval of the 1978 Delray Affair for Friday, March 31st and Saturday and Sunday, April 1st and 2nd. Mr. Chapin moved for the approval of the Delray Affair, 19~8 to be set for Friday, March 31st and Saturday and Sunday, April 1st and 2nd, seconded by Mr. Randolph. The motion passed unanimously. 7.b. City Manager Mariott reported that a petition for a Certificate Of Public Convenience and Necessity was submitted to Council at its meeting on January 9th. A public hearing, in compliance with Section 26-7 of the City's Code of Ordinances, has been scheduled to be held at this time for the purpose of receiving objections, if any, to such additional license being issued. Following the public hearing, Council should determine if additional cab service, within the City, is needed and if the applicant, Eddie Newell, d/b/a New Safety Cab is willing and able to provide same. - 6 - 1/23/78. 201 A public hearing was held having been legally advertised in compliance with Section 26-7 of the City's Code of Ordinances. Mr. Eddie Newell, the applicant, appeared before Council requesting consideration to granting this petition. He stated the City is growing and there are about 12 cabs operating in the City and there is room for one more. He noted there are two or three cabs lying dormant which have not been used in over a year. Mr. Weekes asked how many taxi permits are there and how many cabs are actually on the road? Mr. Weekes stated he would be willing to entertain the con- sideration of revoking all permits which are not being used or for which occupational licenses have not been pulled. Upon question by Mr. Weekes, Mr. Newell informed Council the vehicle he would be operating would be a 9 passenger station wagon and 75% of his business would be transporting the maids to the beach area. Mr. Sanson questioned Mr. Newell's driving record and Mr. Newell replied he has 20 years experience driving a cab in West Palm Beach and about 7 years experience driving a cab in Delray Beach. Mr. Newell added he has no bad driving record and advised that his vehicle would run as a jitney. Mr. Thomas F. Burrows, 1310 N. Swinton Avenue, Delray Beach, stated he personally knows Mr. Newell and he has a very good driving record in the City. Many people have ridden with him and recommend him highly. The public hearing was closed. Mr. Chapin moved that Council approve a Certificate of Public Convenience and Necessity for Mr. Newell d/b/a New Safety Cab, seconded by Mr. Weekes. The motion passed unanimously. The City Attorney informed Council that the ordinance does not call for a metered cab; it just regulates the charges. Mr. Burrows noted that Council had a meeting on September 19, 1977 where the regulations of taxicabs was discussed and there was supposed to be another meeting. To this date, that meeting has never been held. Mr. Weekes stated Mr. Miller of Yellow Cab is one of the people who has some Certificates of Convenience and Necessity not being used in the City. He is under the impression that there may be as many as seven or eight of those that are not in use. Mr. Weekes asked that this subject be considered at a workshop meeting to determine how many of the cabs that are authorized by the City are not in use, which of those have occupational licenses, which have complied with insurance requirements and he would like to consider the revocation of licenses which are not in use. Council agreed with Mr. Weekes' suggestion. This was acknowledged by the City Manager. 7.c. Mayor Scheifley acknowledged the minutes of the Beautification Committee for its January 4, 1978 meeting. Mayor Scheifley made reference to a" motion made by Claire Short to recommend that a sprinkler system be put in for the two passive parks coming from 1-95 on Atlantic Avenue. The sprinkler system should be put in before the plants die. That motion was seconded and passed." Mayor Scheifley noted, as he understands it, they have put in all the landscaping and the grass and unless it is watered, it will die. The City Manager stated this is being investigated. Mr. Sanson noted, as he earlier stated, there was another remark made during this Beautification Committee meeting concerning the south beach property and the concern of many members of the committee as to what is being done by the County in the development of this area. Some of these concerns were brought to his attention a couple of months ago relative to the fact that the location of the rest room area, the building of the boardwalk, the erection of the observation tower and the construction that was required to do these projects was not in accordance or the expectations of Council and many citizens of the City. Mr. Sanson noted Mr. Sansbury, the County administrator arranged a meeting with Mr. Dance and Mr. Kahlert, the Parks and Recreation Director and the Engineering Department Assurance was given that the mistakes would be corrected. He now reads in the newspaper, last week, that they do not have any landscaping to replace that which has been destroyed in the immediate four dune area where there had been a solid wall of seagrape. - 7 - 1 /9~/~ It was stated in the newspaper, that the county does not intend to replace that. In the area where there was to be a nature park, they have removed most of the underbrush. They have left clumps of trees around. What he interprets to be a nature path, would be a very narrow area which would be natural in state. This has developed where you can drive a car and this traverses throughout the entire dune area. This has now been graded with shell rock and he assumes they are getting ready to blacktop it. The damage is done and he wants to ask how the City administra- tion would allow this and why there would not be any supervision. Mr. Sanson stated he feels that the City has been let down and Council should somehow express its disappointment to the County. Mayor Scheifley and Mr. Randolph both stated it was their understanding that this was to be a passive park with about 100 different species of plants and v~getation with paths and nature trails. Mayor Scheifley stated it was also his understanding the paths were to be narrow and he shares Mr. Sanson's concern. Mr. Chapin stated Council, through the City administration, shou communicate to the County government, the City's concern that what was presented to Council is not being carried out. The City Manager informed Council that Commissioner Bill Medlen has requested that the City communicate to him any substantial variances from the plans for both parks. Mrs. Betty Matthews, spoke from the audience, saying she would like to commend very highly, Miss Karen Sawchuk, the City's Landscape Architect. Mayor Scheifley noted he was assured by Mr. Dance, County Parks and Recreation Director, that proper screening of the parking lot would be made so the nearby residents could not see the parking lot. Mr. Sanson informed Council that they are now developing new pathways.thr~ough the dune area at the beginning of the actual beach. Much of the.very vital and endangered species of sea oats is being walked on and destroyed by people going through the entire 500' of beach. Mr. Sanson suggested that a fence be erected down that strip of area along A1A to the boardwalk. Council agreed to ~efer this to the administration and report back to Council. This was acknowledged by the City Manager. 8.a. The City Manager reported that the following bid has been received to construct an asphalt street on N. W. 1st Street between N. W. 10th Avenue and N. W. 14th Avenue: Bidder Quotation Hardrives of Delray, Inc. $32,950.00 Delray Beach Cart Soil & Sod no submittal - Delray Beach Dixie Asphalt no submittal West Palm Beach Rubin Construction no submittal West Palm Beach Since only one quotation was received, which is considered to be reasonable and within the City's estimated cost for this project, it is recommended that the award be made to Hardri~es of Delray, Inc., in the amount of $32,950 by passage of Resolution No. 7-78. This project will be funded with money from the 1975 street improvement general obligation bond issue. The City Manager presented Resolution No. 7-78: - 8 - 1/23/78. 203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH ALL LABOR, MATERIAL AND EQUIPmeNT TO CONSTRUCT AN ASPHALT STREET. THE FINISHED GRADE MUST MEET THE EDGE OF THE~EXISTING PAVEMENT AT ALL AVENUE INTERSECTIONS ON N.W. 1ST STREET BETWEEN N.W. 10TH AVENUE AND N.W. 14TH AVENUE IN THE CITY OF DELRAY BEACH. (Copy of Resolution No. 7-78 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No. 7-78, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.b. The City Manager recommended, upon advice of the City Attorney, that this item be skipped over and action will be taken at a future meeting when further action is taken with regard to plat approval. Mr. Sanson moved to table Resolution No. 8-78, seconded by Mr. Weekes, said motion passing unanimously. 8.c. The City Manager reported that Ordinance No. 82-77 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to establishing additional platting requirements for multiple family lots. This is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 9th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held. The City Manager presented Ordinance No. 82-77: 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 29-8.1(D) (2) PRD-4 (PLANNED RESIDENTIAL DISTRICT); SECTION 29-8.2 (D) (2) PRD-7 (PLANNED RESIDENTIAL DISTRICT); SECTION 29-8.3(D) (2) PRD-10 (PLANNED RESIDENTIAL DISTRICT) BY ADDING A NEW SUBSECTION (f) RELATIVE TO ESTABLISHING ADDITIONAL PLATTING REQUIREMENTS FOR MULTIPLE FAMILY LOTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of.Ordinance No. 82-77 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. There being no objections, the public hearing was closed. Mr. Weekes moved for the passage of Ordinance No. 82-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 3-78 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 displaying merchandise outside commercial establishments. This ordinance was passed on First Reading at the January 9th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held. The City Manager presented Ordinance No. 3-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 - 9 - 1/23/78. "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 29-11 GC (GENERAL COMMERCIAL) (N) SPECIAL REGULATIONS (1); SECTION 29-12 SC (SPECIALIZED COMMERCIAL)(N) SPECIAL REGULA- TIONS (1); SECTION 29-13 CBD (CE~TRAL BUSINESS DISTRICT) (D) SPECIAL REGULATIONS (1); SECTION 29-13.1 LC (LIMITED COMMERCIAL DISTRICT) (M) SPECIAL REGULATIONS (1) AND ENACTING NEW SUB- SECTIONS TO PROVIDE FOR THE DISPLAY OF MERCHANDISE OUTSIDE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 3-78 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. Frank Ellis, 553 Jaeger Drive, spoke in reference to the merchandise being placed on the sidewalks and questioned, if someone comes along and trips over that merchandise and gets hurt, would the owner of the property be liable or would the City.be liable? The City Attorney informed Mr. Ellis the point he has raised is taken care of in paragraph 1.b.2. which states that no display will be permitted on public rights-of-way, or areas used for public ingress and egress whether public or private ownership. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 3-78 on Second and FINAE Reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr..Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5' tO 0 vote. Before roll call on the motion, Mr. Sanson called attention to Section.2(1) (a) and.noted the operation at the old Great Bear Store on Federal Highway, is in his ~anson's) opinion, creating a flea market effect. What is being done is legal but he can see no value to this in preserving the City as a nice place to visit and look at. Upon question by Mr. Sanson, the City Attorney explained that paragraph (a) in each section is already in the zoning code and these activities were already permitted outside. All this section is referring to is that there are certain things you do outside, one of those would be outdoor signs, and it is not intended to permit a sign that would not otherwise be permitted under the sign ordinance. Mr. Sanson noted this gentlemen has, on the front of every crate of fruit and vegetables, large flnorescent letters advertising his wares. Apparently, Mr. Reid, the Chief Building Official, seems to feel in the matter of his ~Reid's) having to interpret it, he would _ say it would be legal. The City Attorney stated it is his understanding that Mr. Reid is going to investigate this question and he (City Attorney) will talk to Mr. Reid concerning this and will return to Council. Mr. Chapin stated he has been noticing in the various correspondence of the Planning & Zoning Board meetings, that there has been some discussion of this ordinance, and asked Mr. Carey if this ordinance meets with the Planning & Zoning Board's approval. Mr. Carey replied it does meet with the board's approval. Roll call was had on the motion at this time. 8.e. The City Manager reported that Ordinance No. 1-78 is amending Chapter 13 - Division 2 "Delray Beach Community Antenna Television Franchise Ordinance"of the Code of Ordinances to change the "Grantee" of the franchise from Leadership Cable Television Systems, a Florida Limited Partnership, to Leadership Cablevision Associates, a Florida Limited Partnership. This was discussed at the January 16th workshop meeting. This is before Council for consideration on First Reading. - 10 - 1/23/78. The City Manager presented Ordinance No. 1-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 13 - DIVISION 2, "DELRAY BEACH COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE, SECTION 13-27 (e) OF THE CODE OF ORDINANCES TO CHANGE THE "GRANTEE" OF THE FRANCHISE FROM LEADERSHIP CABLE TELEVISION SYSTEMS, A FLORIDA LIMITED PARTNERSHIP, TO LEADERSHIP CABLEVISION ASSOCIATES, A FLORIDA LIMITED PARTNERSHIP. The City Manager read the caption of the ordinance. The City Attorney informed Council they should have a letter written by Lawrence Walz, President of National Cable Systems, Inc., which is the general partner of Leadership Cablevision Associates. This letter delineates the understanding of the limited partnership and their general partnership as to the revenue that the system will be paying the franchise fee on. Mr. Crusan, the applicant, is present at the meeting to answer any questions Council may have. City Attorney Saberson asked that the following letter be incorporated into the minutes: "January 20, 1978 City Council City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Gentlemen: At the City. Council's workshop meeting on Monday evening, January 16th, the question was asked whether Leadership Cablevision Associates, as the successor to Leadership Cable Television Systems, would agree to include in the computation of franchise fees payable to the City of Delray Beach any and all revenue from so-called pay cable service. By definition, pay cable service revenue is that which is derived by a cable TV system from per program or per channel charges for entertainment programs. As the managing general partner of Leadership Cablevision Associates, and on its behalf, we agree that pursuant to City Ordinance 29-74, as amended, and to the current cable TV rules and regulations of the Federal Communications Commission, the City of Delray Beach is entitled to receive three per cent (3%) of the gross pay cable service revenue, including installation fees, as herein defined together with three per cent ~3%) of the basic cable TV service revenue derived from Leadership Cablevision Associates' subscribers within the corporate limits of the City. Furthermore, we agree that any and all franchise payments made to the City by Leadership Cablevision Associates shall be computed on the aforementioned basis. Sincerely yours, Lawrence R. Walz President LRW:aw " The City Attorney asked Tom Crusan if the Per Channel Charge is the movie subscription revenue. Mr. Crusan replied in the affirmative. Mr. Chapin moved for the passage of Ordinance No. 1-78, on First Reading, in reliance upon Mr. Lawrence R. Walz's letter to Council dated January 20, 1978 which clarifies a question as to franchise agreement, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. - 11 - 1/23/78. 8.f. The City Manager reported that Ordinance No. 2-78 is establishing a policy for payment of travel expenses incurred by authorized persons traveling on behalf of the City and providing a procedure for the advancement and/or reimbursement of travel expenses. This is before Council for consideration on First Reading. This was discussed at the January 16th workshop meeting. The City Manager presented Ordinance No. 2-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, ESTABLISHING A POLICY FOR THE PAY- MENTS OF REASONABLE TRAVEL EXPENDITURES INCURRED BY AUTHORIZED PERSONS TRAVELING ON BEHALF OF THE CITY AND PROVIDING A PROCEDURE FOR THE ADVANCE- MENT AND/OR REIMBURSEMENT OF TRAVEL EXPENSES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the cDption of the ordinance. Mr. Chapin stated at the workshop meeting, several changes in this ordinance were discussed. The word actual was changed to reasonable; however, the word actual remains in this ordinance. For example, the word actual is in the second whereas clause. The City Attorney stated the word actual was not changed in every reference in the ordinance because when it came to reimbursement, he felt there was. a requirement that there be an actual expenditure and it was limited in the first two paragraphs by being a reasonable expenditure. Mr. Chapin noted in subsection (b) which reads "Any person authorized for City travel may obtain an advancement Of funds for use in their trip," etc. Council agreed that the word their should be changed to persons. Mr. Weekes moved for the passage of Ordinance No. 2-78, on First Reading, within the second whereas clause this should be changed to reasonable exp~nses and in subsection Lb) their should be changed to persons, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.g. City Manager Mariott reported that Emergency Ordinance No. 5-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to issuance of construction permits. This ordinance would permit issuance of up to half the total number of construction permits for the proposed development prior to approval of the specific documents by tke City Attorney's office, the purpose being to provide for full control by the City including approval of the said documents by the City Attorney prior to any CO's being issued, but which would at the same time permit construction to proceed while the documents are being reviewed by the City Attorney. The City Manager presented Emergency Ordinance No. 5-78: AN EMERGENCY 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 THE SECOND PARAGRAPH OF SECTION 29-6(P)(1), SECTION 29-7(P)(1), SECTION 29-8(P)(1), SECTION 29-8.1(R)(7),SECTION 29-8.2(R) (7), SECTION 29-8.3(R) (7). THE PURPOSE OF .THESE AMENDMENTS IS TO CHANGE THE PROCEDURE FOR APPROVAL OF THE DOCUMENTATION PERTAINING TO COMMON PROPERTIES SO THAT APPROVAL SHALL BE OBTAINED WHEN APPLICATION FOR BUILDING PERMITS FOR 50% OF THE STRUCTURES IN A DEVELOPMENT HAS BEEN MADE. PROVIDING FURTHER THAT IN NO EVENT SHALL CERTIFICATES OF OCCUPANCY BE ISSUED FOR ANY STRUCTURE IN A DEVELOP- MENT UNTIL APPROVAL HAS BEEN OBTAINED; PROVIDING Aiq EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 12 - 1/23/78. Mr. Sanson questioned the posture that the City would find itself in, from a legal standpoint, if the City Attorney did find a problem and the developer would have already commenced construction. The City Attorney stated,yes, the developer would have commenced construction, and noted this ordinance would not change the approved site plan. The site plan is still reviewed and approved by the Planning & Zoning Board; what this ordinance relates to is the control of the common facilities, such as recreation areas, utilities and streets and provides that the control would be in an entity, the majority control of which is in the property owners, rather than the developer. Also, it relates to the provision that requires deed restrictions to be recorded so that the property may be maintained by the City, if necessary, and charge that expense to the property owners in the development. Mr. Chapin noted he sees this as a manpower problem and not necessarily an emergency measure, and he feels we are causing potential problems by adopting this as an emergency measure and he would be in favor of tabling the ordinance for workshop discussion. The City Manager explained this is definitely an emergency-type ordinance that calls for emergency-type action because there are at least two developers whose construction will have to come to a complete halt tomorrow morning, if this ordinance is not adopted. In addition, some time ago, Council passed an ordinance levying a water and sewer connection charge and the deadline date is January 24th, which is tomorrow. All permits that are issued after January 24th, will have to pay the additional water and sewer connection charge. Mayor Scheifley stated the emergency ordinance is justified in fairness to those developers who would be caught in this squeeze but, on the other hand, Mr. Chapin is correct and, if we look upon ~his not as an emergency but a temporary ordinance, it would alleviate the problem. The City Attorney commented that the process needs to be studied and this is a temporary measure that is needed at this point. In the future, we will.h~aue to have the documents required at the time of the site plan application, so the documents would be approved at the same time as the site plan is approved. The situation does justify the passage of an emergency ordinance. City Manager Mariott referred to Section 2 of the ordinance which reads "The City administration is hereby directed by the City Council to restudy the administration of this ordinance, as it relates to the approval process for developments, and to return to Council with a recommendation as to how this process may be improved." By preparing the emergency ordinance, it was the best way the administration and the City Attorney's office could think of to get everyone out of the dilemma in which we now fir~ourselves and still not jeopardize the City's prerogative to absolutely control the developments, and without having to shut down several developers in the process. Mr. Weekes moved for the passage of Emergency Ordinance No. 5-78, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. Before roll call, the following discussion was had: Mr. Sanson said he felt Mr. Chapin had some valid points and contended that Council's first responsibility is to the citizens of Delray; tha~ we should not be that concerned with whether or not we are providing convenient situations for the developers. What we are doing here is helping expedite the build- ing of units in this City; if anything, we should be doing what we can to hold up the building in the City. This is a planning matter and this should be tabled so further research could be made and this should be passed through the normal process. The City Manager explained that the City's first responsibility should be to the residents and taxpayers of the City; however, if we can accommodate any segment of our City without hurting the residents as a whole, this should be done. - 13 - 1/23/78 The City Attorney commented that there are approximately 12 to 13 developments that have these common areas; there are two developments who are in immediate need - one of those is Mr. Siemens and Mike Picard of Spanish Rells and Mr. Picard has informed him that his contractors have special equipment and special concrete that has been brought in which is waiting to be unloaded at a shipping station; they have crews on the site location that they are having to pay for, as well. City Attorney Saberson noted he is very cognizant of the fact we do have to protect the citizens but also feels that we have to take a balanced approach to a problem when it arises. City Attorney Saberson added it is his thought that there is a defect in the process currently in use and that is why the emergency ordinance is being proposed; the matter has to be studied and, when a recommendation is made, then a permanent ordinance will be adopted. Mayor Scheifley stated he would be in favor of granting some relief to the developers with the consideration that this is a temporary measure and the possible deficiencies might be corrected. Mr. Sanson spoke regarding penalities to people; the first is the convenience to the developer to be allowed to proceed with construction, which could prevent some sort of time problem, and, the other situation is related to a financial aspect which would impose a penalty to the people. If the developers can obtain their building permits before January 24th, they can avoid having to pay the extra sewer charge. This cost, then would be passed on in the price of that home. It seems that is a much more appropriate place for a cost to be levied rather than if we don't get the additional revenue in the City from the additional connection charge, we will have to come up with that fewer dollars for next year's budget. Mr. Richard Siemens, 880 N.E. 33rd Street, Boca Raton, developer of Rainberry Woods and Rainberry Bay, stated he was given subdivision approval on this tract and immediately put up $900,000 in cash in a deposit with the City to guarantee the installation of improvements. He then immediately instructed his attorneys to proceed with the documents, which the City Attorney now has. It takes awhile to put these things together and you can't begin to develop these documents until you receive final approval because there may be changes that take place between the time you make submission and approval is granted. These documents cost about $25,000 so you do not want to be changing them everytime a decision is made. As far as this ordinance is concerned, we are dealing with how the homeowners association is going to deal with the elements they have control over. Mr. Siemens stated he is the one who is taking the risk, not the City. Mr. Siemens added now it is being said let the developers take a risk of obtaining building permits and, if they (developers) don't submit the proper documents and can't get them approved by the time they are ready for occupancy, then the developers would have a problem. Mr. Sanson contended that that would not be the case at all. What would happen is the City would have a problem because, at that point, the developer's construction would be so far along that they would then threaten to go to court, if the City didn't let themhave their way and get into a lengthy legal battle and spend thousands of dollars of taxpayer~.money. Mr. Siemens informed ~Lr. Sanson that this had nothing to do with construction, and added this is how the people who live within this project will relate to each other and to the City with respect to the maintenance of common areas. Mr. Sanson stated that is a prime factor of marketing. Mr. Sanson stated ever since Mr. Siemens wanted to put forth his project concept in the City, it has been a red carpet and it seems that Council is having to make changes for his convenience, and he (Sanson) does not understand why this ordinance was not previously discussed. Mr. Sanson added he feels there is special attention given to Mr. Siemens' project. Mr. Siemens stated he is not the only developer that is involved and there are four or five other developers who find themselves in the same bind. Mr. Chapin stated he feels this is a problem which needs to be corrected and would be willing to support this ordinance with the under- standing that it be a temporary ordinance that the administration correct the problem so that we can have an orderly, responsive government. - 14 - 1/23/78. Mr. Siemens informed Council that he feels this is a good and proper ordinance and the City Attorney should have the right to review these documents as it is important that the City knows what each developer is doing with respect to his conveyences of common areas. Mike Picard, 516 N.W. 4th Avenue, Delray Beach, project coordinator with Spanish Wells, stated his development has figured the loss at about$5,000 or $6,000 a week with the equipment lying idle and he is prefectly happy to work this out with his attorney and the City Attorney. Upon question by Mr. Randolph, Mr. Picard informed Council he has a crew of about 20 and his problem is once a crew is broken in, and if the workers leave, it may take two or three months to train another crew. It was noted by the City Attorney that an emergency ordinance requires four votes to be passed. Roll call on the motion was had at this time. Mr. Chapin moved that this ordinance is effective immediately and that it is to be considered as a temporary emergency ordinance not to exceed 90 days from this date, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.h. The City Manager reported that Council should give consideration to passage of Ordinance No. 6-78 which is for submission to the electors relative to Civil Service/Labor Unions. This was discussed at the January 16th workshop meeting. This is before Council on First Reading. The City Manager presented Ordinance No. 6-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BE~CH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD MARCH 7, 1978, ADDING TO PART I, SECTION 4.04 OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, ~A SUBSECTION (j) AND AMENDING SECTION 4 AND ADDING A SECTION 16(a) TO THE CIVIL SERVICE ACT; WHICH SECTIONS OF THE CHARTER AND CIVIL SERVICE ACT PROVIDE FOR THE ESTABLISHMENT OF A CIVIL SERVICE BOARD, A CODE OF CIVIL SERVICE RULES AND REGULATIONS, AND PERSONNEL POLICIES; AND WHICH SECTIONS, CODE AND PERSONNEL POLICIES PROVIDE TERMS AND CONDITIONS OF EMPLOYMENT AND A SYSTEM OF CIVIL SERVICE FOR CITY EMPLOYEES; SAID AMENDMENTS TO PROVIDE THAT THE CIVIL SERVICE BOARD~ THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES SHALL CONTINUE TO APPLY TO AND BE MAINTAINED FOR ALL REGULAR EMPLOYEES WHO ARE NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT AND THAT REGULAR EMPLOYEES WHO ARE COVERED BY COLLECTIVE BARGAINING AGREEMENT, UNLESS OTHERWISE PROVIDED EITHER IN THIS ORDINANCE, OR IN THE CODE OF CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES OR IN THE COLLECTIVE BARGAINING AGREEMEN?, SHALL BE REMOVED FROM THE BENEFITS OF THE CIVIL SERVICE ACT; CIVIL SERVICE CODE OF RULES AND REGULATIONS AND PERSONNEL POLICIES. The City Manager read the caption of the ordinance. The City Attorney informed CounCil that MroMintz , the labor lawyer who prepared the proposal was here last week to explain the legal ramifications. This will be on the March 7th ballot, if Council passes this ordinance. Mr. Randolph moved for passage of Ordinance No. 6-78 on First Reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Before roll call, Mr. Sanson stated at the January 16th workshop meeting, he was assigned the function of looking into what we could do to educate the public on this matter. Mr. Sanson informed Council he has contacted the Vice-Mayor of the City of Ft. Lauderdale about their City's posture towards this question, when it was put to the voters about one year ago, and was informed that they did have some material which was published in a pamphlet form which was distributed to the - 15 - 1/23/78. elector explaining the meaning of the ordinance. Vice-Mayor Young informed him that she would forward this material to him and, as of this date, he has not received this material. Roll call was had on the motion at this time. 9.a. City Manager Mariott reported that the Planning & Zoning Board at a meeting held on January 10th, unanimously recommended that the site plan modification request of the Church of Christ, located in Section 17-46-43, north of S.W. 2nd Street between S.W. 14th Avenue and S.W. 15th Avenue to allow a 1298 square foot addition consisting of a dining area, classroom and bathroom facilities, be approved as a minor modification. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Weekes, said motion passing unanimously. 9.b. The City Manager reported that an application has been received from J. W. Fogelman, Representative of the Estate of Daniel Udell to annex a 1.93 acre parcel of land, subject to GC (General Commercial) District. The property is presently vacant and the proposed use is for a funeral home. The subject property is in Section 8-46-43, and is located at the southeast corner of the intersection of Lake Ida Road and N.W. 2nd Street. The Planning & Zoning Board at a meeting held on January 17th, unanimously recommended that the subject property not be annexed as GC (General Commercial), as this request is in violation of the Land Use Plan which designates this area for single family residential. City Manager Mariott informed Council that the attorney representing the applicant requested that this not be acted on tonight; that it be referred to a workshop meeting. Council agreed to refer this item to a workshop meeting. 9.c.. City Manager Mariott reported the Planning & Zoning Board at a meeting held on January 17th, unanimously recommended that the preliminary plat approval request for Patrician Villas, in Section 19-46-43 at the southwest corner of the intersection of Lowson Boulevard and Homewood Boulevard, be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his December 16th memorandum. (2) Comments of the'City Engineer as stated in his January 5th memorandum. (3) Availability of water. John Stewart of Suiter and O'Brien, representing Patrician Villas, stated this development abuts Imperial Villas. Mr. Chapin moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Weekes. Mr. Sanson stated he hopes the de.veloper tries to make this development compatible with the Pines of Delray rather than Imperial Villas. The motion passed unanimously. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on January 17th, unanimously recommended that the condition~ use approval request for Costa Del Rey (Phase II),in Section 28-46-43, south of Del Harbour Drive if extended east, between A1A and the ocean, be approved, subject to the following: (1) Compliance with the requirements of the Community Appearance Board as stated in their July 15th letter. (2) Approval of the City Attorney's office as to documentation pertaining to common areas. (3) Availability of water. (4) That the applicant shall have until April 10, 1979 to develop this project. The site and development plans for this project were approved by Council on October 10, 1977. - 16 - 1/23/78. Mr. Chapin moved to sustain the recommendation of the Planning Zoning Board, seconded by Mr. Randolph. The motion passed unanimously. Mr. Sanson stated he took a look at the property and had a chance to talk to Mr. Vercell who pointed out a situation that exists on the northern boundary. He is proposing to' have a street come into the parking lots and allow access of emergency vehicles. Because this is a rather narrow lot, on the basis of the concrete he is placing upon it, the street actually does go up to the property line but if Mr. Vercell makes this street to 24 foot width (as is required by City ordinance), it would necessitate the removal of a solid length of groupings of sea grape trees and natural vegetation that he wants very much to preserve. Right now, Mr. Vercell has cut 20 feet into it and the root systems are being exposed and he is afraid that the other 4 feet will destroy the root systems. Mr. Sanson stated he would like to see this vegetation saved. Upon question by Mr. Weekes, Mr. Charles Brasnell, 5195 S.W. 93rd Street, Miami, informed Council that he requested Karen Sawchuk, the City's Landscape Architect, to determine if this vegetation would be destroyed by extending the road to 24' and she stated it would put this vegetation in jeopardy. Upon question by Mr. Weekes, the City Attorney stated that this probably would be defined as an access roadway, and it requires 24 feet minimum paving. An alley requires 16 feet minimum paving. This street would be used by the residents of the property but not the general public. Council agreed to refer this ma~ter of whether these trees could be preserued to the City administration and the City Attorney. Roll call on the motion was had at this time. 10. The City Manager recommended that Council authorize payment oX the City's bills. Mr. Chapin moved that Council authorize payment of the City's bills, seconded by Mr. Randolph. The motion passed unanimously. General~Fund ............... $1,423,271.46 cigarette Tax Fund ........... 6,105.00 Utilities Tax Fund ............ 53,990.00 Beach Restoration ............ 153,265.00 Federal Public W~rks Fund ........ 3,580.89 Water and Sewer Fund ........... 301,567.12 Mr. C~apin moved, at 9:40 P. M., for the adjournment of the meeting, seconded by Mr. Sanson, said motion passing unanimoqsly. CLERK APP~VED: W ~ The undersigned is the Ci'ty Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of January 23, 1978 which minutes were formally approved and adopted by the City Council on ~~~ /~ ~7~ . ' ~ City Clerk NOTE TO READER: If the minutes that you have received are not compeleted 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. - 17 - 1/23/78.