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02-27-78 247 FEBRUARY 27, 1978 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, February 27, 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 Lord's Prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mr. Weekes moved for the approval of the minutes of February 13, 1978, seconded by Mr. Randolph. The motion passed unanimously. Before roll call, Mr. Sanson no~ed the following corrections. On page 3, first paragraph, where reference is made'to the City Manager of Boynton Beach, his name is spelled Kohl not Cole. On page 5, third paragraph, for clarification that the following be added: ....... that the land itself can be restudied and perhaps a reconsideration of its current zoning category could be considered, ............ 4.a.1. Mr. Chapin spoke in reference to the February issue of the ~lorida Municipal Record saying there is an article in that issue regarding sea oats save sand. Mayor Scheifley asked the City Manager to distribute copies of this article to the Beautification Committee prior to their meeting on Wednesday. 4.a.2. Mr'. Chapin stated an item he thought very strongly about last April was the consolidation of some of the City boards and the City Manager has made this proposal and it will be before Council for action. The City Manager informed Council that representatives of those six boards have unanimously agreed to the concept of consolidation. 4.a.3~ Mr. Chapin stated he has asked the City Manager to schedule the items of the increase in trash collection fees, and an in-depth review of the annual merit increase for future workshop meetings. Mr. Chapin stated a workshop meeting should be held with members of the Delray Beach Housing Authority, Building Department and Council to address the problem of sub- standard housing in Delray Beach and to see what suggestions and recommenda- tions the administration and the Housing Authority may have. 4.a.4. Mr. Chapin stated, sometime in May 1977, he wrote to the National League of Cities requesting a copy of a model energy saving ordinance which could be implemented in the City's building code, in terms of requiring certain insulation materials and other energy saving devices. This was referred to the administration and he understands that this is being checked into by the City Manager. This is a timely subject, and, if the majority of Council feels such an amendment to the building code is beneficial, such an ordinance shoUld be adopted. Mr. Sanson spoke in reference to item 4.a.3. saying he would like to have Council meet with the Housing Authority and representatives of the Building Department. Mr. Sanson added, some time ago, he asked for a status report on the Stewart Arms Project. Council could be helping the Housing Authority and Council should have some understanding as to what is going on. 4.b.1. Mr. Randolph stated several weeks ago, Council approved a contract for Hardrives, Inc. to resurface N.W. 1st Street from 10th to 14th Avenues. As of this date, nothing has been done. The City Manager informed Council he put a rush on this project and added he would check this out. 4.c~1. Mr. Sanson asked the City Manager when a workshop meeting would be scheduled to consider the current workload of the Building Department. The City Manager stated discussion on this subject will be forthcoming. 4.c.2. Mr. Sanson asked the City Manager the status of obtaining a City Engineer. The City Manager informed Council that the prime prospect for this position is not interested and he will have to start all over. Mr. Sanson stated he is wondering, at this point, whether there is a need for a City Engineer or whether this position should be abolished. The City Manager stated he thinks this should not be abolished. 4.d.1. Mr. Weekes spoke in reference to item 4.a.3, merit increases, and added that, when the budget was adopted he suggested that Council should have an in-depth study of all the pay plans which would include merit increases. It is his hope that this in-depth study would be done by an outside consultant. Mr. Weekes noted he intends to pursue this matter, and this should be scheduled for a future workshop meeting. 4.d.2. Mr. Weekes stated one of the items of major interest at all of the forums is what has happened to the beach bathhouse? When will it be under construction? The letter from Roy Reid, Chief Building Official, was non-committal; the letter said that the general contractor had to re-negotiate with local sub-contractors to complete the contract. The City Attorney informed Council he has discussed this matter with Mr. Hanna, architect, and it is just a matter of getting the sub-contractors back on the job. The cour~ cleared the way for construction, as of January 4th. Mr. Weekes noted this is almost 60 days ago, and the City aclministratic and Council should start taking some kind of affirmative action. Upon question by Mayor Scheifley if there is a time limitation or penalty clause in the contract, the City Attorney advised he would have to go back and review the contract. The City Manager commented that the City has to realize the reason for the delay was not caused by the contractor, it was caused by litigation between the City, the party to the contract and another party. Because of this litigation, the general contractor lost his sub-contractors and now the general contractor is having to regroup other sub-contractors. Mr. Weekes stated he would like to have a more in-depth report on this. Mr. Chapin stated he believes it was the majority view of this Council to take affirmative action to seek damages against the plaintiff for any damages incurred by the City arisingout of the delay. Mr. Chapin added he would want to do everything possible to mitigate the damages and to commence construction. 4.e.1. Mayor Scheifley stated about one week ago, he was in the Chamber of Commerce parking lot when a car ran into an elderly man and tonight at 5:45 P.M., he was driving east on Lake Ida Road and an 8 year old boy was hit by a car while riding his bicycle. In both cases, the City EMT vehicle ~'arrived at the scene in less than two minutes. Mayor Scheifley stated he wanted to commend the Fire Department, EMT Division, for their excellent service to the City. 4.e.2. Mayor Scheifley stated he wanted to commend Mr. Weekes and the administration for the way they responded to the irresponsible statements that have been made about the City's pension plans. They did an excellent job and this was covered in a factual manner. 4.e.3. The Mayor read a proclamation proclaiming March 5, 1978, as "PALM BEACH COUNTY SPORTS HALL OF FAME DAY". 5.a. Mr. Frank Ellis, 553 Jaeger Drive, Delray Beach, asked Council if they knew anything about any change in the situation of the eyesore between Jaeger. Drive and Lindell Boulevard on Dotterel Road. There are rumors that a Canadian firm has bought these unfinished apartments. Mr. Sanson stated this project has been unfinished since 1973 and, two years ago, he had the Building Official give him a status report on the project. In that status report, the Chief Building Official, by his own admission, said the project is violating five City ordinances, all of which dictate that the project should be torn down. Mr. Sanson stated it is his feeling that the project is out of character with the entire neighborhood. If this project had not been there, the area would have been rezoned. Mr. Sanson further stated he would like to have an update from the administration on the project to find out what can be done. The City Manager advised an '~upd~te- can be obtained and had Mr. Ellis contacted him or Mr. Reid, he could have received an update. Mr. Weekes noted that the last report was that there was a Canadian firm buying the property and the plan, as he understands it, is to complete the two present structures. They will have to' file a new site plan, as their site plan approval has expired. - .2 - 2/27/78. Mr. Carey, the Planning & Zoning Board Chairman, informed Council the problem is the City Attorney judged that there is a vested right in that property so this property could not be down zoned. This is on the Planning & Zoning Board's agenda tomorrow for re-consideration of the City Attorney's decision. Mr. Sanson stated he would be very curious as to what logic the City Attorney used. City Attorney Saberson advised that this particular question came up a year ago and under the City code if someone has completed 25% of the cost of the improvements, in their site plan, they are vested under our ordinance. In this project, more than 25% has been completed. Upon question by Mr. Sanson as to how the City Attorney came to the conclusion of 25%, the City Attorney advised this is stated in the code and he would go back to check the records. 6.a.1. The City Manager reported that the City has received a check for $4,000 from the BusinEss and Professional Women's Club of Delray Beach to be used for the purchase of EMT equipment. Mayor Scheifley stated a letter should be written by the City Manager's office thanking the Women's Club for the check. This was acknowledged by the City Manager. 6.a.2. The City Manager reported that Resolution No. 16-78 is endorsing Senate Bill No. 231 which, if passed by the Florida Legislature, would require that the state fund any local government programs, that are state mandated. The City Manager presented Resolution No. 16-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING SENATE BILL 231 REQUIRING THE FLORIDA STATE LEGISLATURE TO INCLUDE A FUNDING MECHANISM WITH ANY STATE LEGISLATION DIRECTING MUNICIPALITIES TO ADMINISTER PROGRAMS AND SERVICES THAT WOULD IMPOSE A BURDEN ON THEIR BUDGETS. (Copy of Resolution No. 16-78 is on file in the official Resolution Book,) Mr. Weekes moved for the adoption of Resolution No. 16-78, "seconded by Mr. Chapin. 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. 6.a.3. The City Manager reported this item concerns the CATV Franchise Agreement. The City Attorney noted that Mr. Baker, attorney representing Cablevision Associates Limited, the franchisee under the City ordinance, wishes to address Council concerning a clarification as to the performance time that was indicated to Council when the franchise was transferred by ordinance. David Baker, 321 Royal Poinciana Plaza, Palm Beach, representing Leadership Cablevision Associates Limited, stated his client was before Council at the workshop ~et£ng. held on January 16th. The specific matter he would like to get>a definition of is the time for performance. The last group that had attempted to install a CATV system into Delray Beach became solvent and the present group has permission to take an assignment of~their assets. The ordinance passed on February 13th is indefinite as to the period of time given Leadership Cablevision Associates Limited, which is the new assignee of the franchise to complete the system in Delray Beach. When his client, Mr. Walz, appeared before Council, he explained that the system would be complete in late 1978 or early 1979. In the ordinance itself, it simply approves the assignment and does not get into the technical matter of when the system will be complete. On March 17th, his client will be closing the assignment of the assets of the old company and will take that assignment and commence completing the system. In doing so, his client will invest approximately 1% million dollars in total capital, 1.1 of which will be a loan from a lending institution. More than ½ million dollars will be into physical plant facilities, i.e., wire, cable, connections, etc. This is going to be a great expenditure of money and the situation his client fears is that the assignee might have been found to be in technical default, under the terms of the ordinance, based on the non-performance of its predecessor, which is Leadership Cablevision Systems. The specific date his client has for completion is February 28, 1979. His client is a limited partnership - 3 - 2/27/78. which has persons who will invest capital into it who are limited partners. Under the state and federal securities rules and guidelines, his clients, as the general partners, are required to make certain disclosures as to the status of compliance with governmental regulations. Unless they have something definite, in writing, from Council that that is their understanding, they will not be able to comply. The City Attorney asked Mr. Baker in what specific respect is he concerned that he may be deemed in non-conformance. Mr. Baker noted Ordinance No. 29-74, gave its predecessor two years. The City Attorney informed Council that the City did have a provision in the ordinance that required a minimum number of subscribers each year beginning the year after the franchise; that provision was repealed. Mr. Baker noted in Section 23 of Ordinance No. 29-74, it gives a time limitation to the old franchisee. Mr. Chapin moved that the City Attorney be authorized to prepare an amendment to Ordinance No. 29-74 to permit new franchisee assignee to complete the system within the City limits by February 28, 1979, seconded by Mr. Randolph. The motion passed unanimously. Before roll call, the following discussion was had. Mayor Scheifley stated Mr. Baker should meet with the City Attorney to amend the ordinance and this will be before Council for formal action. Mr. Baker asked that a resolution be passed acknowledging that representations of completion date of late 1978 or early 1979 were made and that the ordinance was passed based on those representations. Mr. Chapin stated it would be improper'for Council to engage in any emergency proceedings this evening, and Mr. Baker's problem will be solved by the motion made earlier. Mr. Weekes stated Council should not engage in any type of emergency proceedings, but would be willing to have a Special Council meeting prior to the workshop meeting on March 6th. Mayor Scheifley stated he thoroughly agrees with Mr. Chapin's remarks with regards to the procedure and would not agree to have a ~special Council meeting; this item should be handled in the normal procedure. Mr. Baker stated,under the purchase agreement, the closing date was February 28th but was extended to March 17th. If they do not have all the governmental approvals, they will not be permitted to allow their investors to invest in this franchise. The City Attorney advised if Council is willing to accept Mr. Weekes' recommendation to have a special Council meeting on March 6th, the ordinance could be passed on first reading, then the ordinance could be passed on second and final reading at the March 13th Council meeting and the ordinance could become effective immediately upon passage on second and final reading. Council agreed to have a special Council meeting on March 6th, prior to the workshop meeting. It was noted by Mr. Randolph, that the City has been quite enduring during the entire cable television situation. For many years, we have sat and listened to many promises and received nothing. Mr. Chapin voiced his opinion that the days of businessmen appearing before Council and asking for special consideration, are hopefully over. When a time pressure is placed on Council to do something and to act in a hastily manner, that type of emergency action is not well thought out and is not well conceived. He is not suggesting that is not the case in this instance and would hope that this does not set any precident, and - would support Mr. Weekes' recommendation. Roll call was had on the motion at this time. The City Attorney will prepare the ordinance for the special Council meeting of March 6th. - 4 - 2/27/78. 6.b. The City Manager recommended that Council approve the execution of an agreement with Palm Beach County CETA for 12 additional workers to complete three special projects to operate from February 20, 1978 through September 30, 1978: ~1) West Atlantic clean-up (2) revitalization of public areas and (3) cemetery restoration. Mr. Sanson stated it was his understanding that some of the workers would be used to refurbish the paint alongside the curbs in the downtown area. The City Manager stated this is covered in the second category. Upon question by Mr. Sanson, the City Manager informed Council under Item No. 3, cemetery restoration, the workers will be used to trim the grass and improve the general appearance. Mr. Sanson asked if Council could have the City administration look at the cemetery through the eyes of a trained, professional landscape horticulturist to see whether or not there might be a way to expend some funds for some landscaping to accent the area to make it more than just a flat piece of ground with some stones sticking up. The City Manager commented saying this is being considered, in connection with-this project. Mr. Sanson suggested that perhaps a hedge could be placed around the cemetery to prevent people from walking through the cemetery. Mr. Weekes moved that Council approve the letter of agreement between the City and Palm Beach County CETA, Title VI Special Projects, seconded by Mr. Randolph. The motion passed unanimously. 6.c. City Manager Mariott reported that the following quotations have been received for selling the City a 1978 van type mini bus for the Parks & Recreation Department: Bidder Quotation Adams Chevrolet $7,198.00 Delray Beach Earl Wallace Ford 7,699.90 Delray Beach The City Manager recommended that the award be made to the low bidder, Adams Chevrolet in the amount of $7,198.00, for which funds are provided in the current budget. Upon question by Mr. Chapin, the City Manager advised that the City has been requested by various groups to purchase two van type mini buses one to be housed at Catherine Strong Community Center and one to be housed at Pompey Park. The City administration, after much discussion, decided there was need of additional transportation and decided the City could get along with one additional bus. This bus will be assigned to the Parks & Recreation Department which will have control of scne~uiing the use of the bus. This bus will be used, primarily, for transporting children in the City's Day Care Program. It was noted, by the City Manager, that the City has a large bus that is used for transporting children in the Day Camp Program and other activities. Mr. Weekes moved that Council authorize the purchase of a van ype mini bus for the Parks & Recreation Department, by awarding the low id to Adams Chevrolet in the amount of $7,198.00, seconded by Mr. Randolph, said motion passing unanimously. Mr. Weekes moved that item no. 9.b. be discussed at this ~ime, seconded by Mr. Chapin. The motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on February 21st, recommended by a vote of 5 to 1 (Pompey dissenting) that the Jordan-Svitak rezoning request of a parcel of land from RM-10 (Multiple Family Dwelling) District to SC (Specialized Commercial) District located in Section 29-46-43 at the northeast corner of the inter- section of Lindell Boulevard and Old Dixie Highway be denied per the Planning & Zoning Board's original recommendation of December 20, 1977. This was referred to the Planning & Zoning Board by Council at its January 9th meeting. It was noted, by Mr. Weekes, that Council should have a chance 2~27~78. to read a letter received today from Mr. Thomas Owens. Mr. Carey, Chairman of the Planning & Zoning Board, informed Council, upon Mr. Chapin's request, that this petition was reconsidered at the Planning & Zoning Board's last meeting at the request of Council. Prior to the Planning & Zoning Board's meeting, the Planning Department researched the area in question. This area in question is surrounded by county territory, both north and south. There are commercial uses to the south of Lindell Boulevard on Dixie Highway south of the City line to the C-15 Canal. This change would be inconsistent with the Land Use Plan and with the County Land Use Plan; there would be no way of denying petitions for rezoning to commercial the properties abutting the property in question and the property across Lindell Boulevard. Mr. Sanson~stated he did not get the feeling from the Planning & Zoning Board minUtes that the board did not review the total question, as he asked the Board to review it.He had asked that the Planning & Zoning Board review the total pockets -there is City land which is zoned RM-15 and looking at what the current uses are of all the land and to determine whether it should be zoned RM-15 or have a lower residential category. Bob Hutser, 926 Banyan Drive, Delray Beach, member of the Palm Beach County Planning Commission, informed Council that there has been no Land Use Plan established in that area. The petitioner did attend the County Land Use meetings, which were held two weeks ago. The only thing the county has at this time is a proposal that was sent to the County by the City. Nothing has been resolved at this time. In the area in question, the county has it zoned commercial; there has been no determination made as to the future land use in that area. The first meeting on future land use will be held tomorrow at 1:30 P.M. Frank Carey, stated he disagrees with Mr. Hutser saying he has been to Mr. Harry King's office and has seen the maps; the maps have been presented to the public at public hearings and that area reflects the same use as the City's Land Use Plan. No official Land Use Plan has been adopted by the county, but as presently shown on the county maps, it reflects the same use. Mr. Hutser stated he checked the only map that exists at 810 ~Datura Street in West Palm Beach with Mr. Bill Collins, the Planning Director, which is the zoning map prepared by the City. The Palm Beach County staff has not prepared a zoning map. Mayor Scheifley stated the question before Council is to accept or deny the recommendation of the Planning & Zoning Board. Mr. Randolph moved that Council deny the recommendation of the Planning & Zoning Board, seconded by Mr. Weekes. Mark Manafo, 1378 Audubon Boulevard, Delray Beach, recently elected as President of the Tropic Palms Homeowners'Association, stated this area is an eyesore; this parcel of land sits at the entrance of Tropic Palms. Mr. Manafo asked, if Council accepts the Planning & Zoning Board's recommendation, does the property remain the same. Does the Tropic Palms Homeowners'Association have any option? Mr. Sanson stated he thinks what - Mr. Manafo is asking is, if the building can be upgraded, repainted, new landscaping and perhaps paving without being given a commercial designation. The'answer~to that question, as he understands it, is that as long as the cost of the repairs does not exceed 25% of the appraised value of the structure. If 25% is exceeded, then the owner would have a commercial designation. The City Attorney informed Council that the owner of the property would be permitted to repair the structure up to a cost of 10% of the current replacement cost. Mr. Manafo stated the Tropic Palms Homeowners'Association, is asking Council to deny the Planning & Zoning Board's recommendation. They want the area cleaned up and this appears the only way it can be done. Mr. Chapin stated this may be a hardship problem and the applicant may seek recourse from the Board of Adjustment to permit this expansion. If that, in fact, alleviates the hardshiP, the owners of this property are permitted to expand, (assuming a favorable decision from the Board of Adjustment), two things will occur - the applicant will be satisfied in his request and be allowed to continue to expand his business. Secondly, it is very hard to deny a single family homeowner who surrounds the area - 6 - 2/27/78. the right to maintain the integrity of that residential community. The City Attorney advised that the City ordinance on the Board of Adjustment provides that the Board cannot grant use variances, which in essence this would be. Mr. Manafo asked that Council defer action until the Tropic Palms Homeowners' Association examines the possiblity of the Board of Adjustment action. Tropic Palms HomeOwners' Association is opposed to any changes in zoning. John O'Donnell, attorney, representing the applicant, 2803 East Commercial Boulevard, Ft. Lauderdale, stated he is opposed to tabling this item because the money to accomplish the upgrading was borrowed a few months ago and he was disappointed in the performance of the Planning & Zoning Board when they received Council's directive to do an in-depth study. He does not feel that an in-depth study was done because, when he made his presentation to the Planning & Zoning Board, he represented the property to the north as General Commercial. There was general disbelief from the Planning & Zoning Board that this was zoned GC and, when they went back to check their records, it was determined this property was zoned GC (county zoning). It was noted by Mr. O'Donnell, that his client is preparing to carry out every detail of the site plan. Upon question by Mayor Scheifley, Mr. O'Donnell advised that he would rather see this item tabled than have the rezoning request turned down. Mr. Manafo stated Council should be commended on the earlier action taken with the Cable Television and should be commended for allowing the residents and businesses time to look into other alternatives. Mr. Sanson noted he had received a letter from Mr. Tom Owens and he took offense to that letter; the criticism is obvious from the tenor of the letter. Mr. Sanson stated the purpose of his asking for this· item to be tabled was that he is undecided on this issue. Mr. Owens asked Mr. Sanson if he feels the citizens have an opportunity to present informa- tion to Council? Mr. Sanson replied he thought the manner in which Mr. Owens did it was quite offensive. Frank Svitak, 5491 N.W. 14th Place, Lauderhill, ~Florida, stated .at the Planning & Zoning Board meeting, he was told that he could not go before the Board of Adjustment. Mr. Weekes informed Mr. Svitak that, if he was on the Board of Adjustment, he would not hear this case. Mayor Scheifley noted there is a motion on the floor to deny the Planning & Zoning Board's recommendation. Mr. Sanson stated he would favor a motion to table this item. Mr. Weekes stated he has no objection to tabling this item but he thinks it would be an exercise in futility because in two weeks Council will be sitting back up here wrestling With exactly the same question as now. Mr. Randolph withdrew his motion and Mr. Weekes withdrew his second. William Ward, 921 Allamanda Drive, Delray Beach, stated there ~re all kinds of dealers on that strip of the highway and this business does not bother his area. There is a railroad traCk about 200' before you come to any residences. Mr. Randolph left the meeting at this point, the time being 9:25 P.M. Mr. Sanson moved that this item be tabled and -scheduled for"the next regular Council meeting, seconded by Mr. Chapin. The motion passed unanimously. Mayor Scheifley left the meeting at this point, the time being 9:26 P.M. 7.a. Vice-Mayor Weekes acknowledged the minutes of the Beautification Committee meeting held on February 1, 1978, and noted there is no Council action requested. Mr. Randolph returned, the time being 9:27 P.M. - 7 - 2/27/78. 8.a. City Manager Mariott reported that Resolution No. 12-78 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, (258 N.E. llth Street) the owner of which failed to abate such nuisance within the allotted time from date of original nuisance violation notice. The property affected has previously been reported to Council by the City Manager in survey report of July 25, 1977. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City's Code of Ordinances, adoption of Resolution No. 12-78 is recommended. The City Manager presented Resolution No. 12-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OFf· DELRAY BEACH, FLORIDA. (Copy of Resolution No. 12-78 is on file in the original Resolution ~Book.~) Mr. Sanson moved for the passage of Resolution No. 12-78, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice- Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Resolution No. 13-78 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisance within the allotted time from date of original nuisance violation notice. The property affected has previously been reported to Council by the City Manager in survey report of August 8, 1977. Council may request any further desired information in lieu of which, and in compliance with Section 15 of the City Code of Ordinance, adoption of Resolution No. 13-78 is recommended. The City Manager presented Resolution No. 13-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 13-78 is on file in the original Resolution Book.) Mr. Sanson moved for the passage of Resolution No. 13-78, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes.- Yes. The motion passed with a 4 to 0 vote. 8.c. The City Manager reported that a request has been received for construction of a seawall to prevent erosion on Lot 351, Tropic Isle, 3rd Section. Approval is recommended by adoption of Resolution No. 14-78. The address of the property is 976 Hyacinth Drive. The City Manager presented Resolution No. 14-78: - 8 - 2/27/78. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OF APPROVAL FOR CONSTRUC- TION OF A SEAWALL ON LOT 351, TROPIC ISLE, 3RD SECTION, CITY OF DELRAY BEACH, AS RECORDED IN PLAT BOOK 25, PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 14-78 is on file in the official Resolution Book.) Mr. Randolph moved for the adoption of Resolution No. 14-78, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. 8.d. City Manager Mariott reported that the following bid has been received to raise and resurface Beach Drive: BIDDER QUOTATION Carr Soil & Sod-Driveways $9,700.00 Delray Beach Hardrives of Delray, Inc. No submittal Delray Beach The City Manager recommended that an award be made to Carr Soil & Sod-Driveways in the amount of $9,700.00 by passage of Resolution No. 15-78, with funds transferred from the General Fund Contingency Account to the Streets, Alleys and Sidewalk Account in lieu of installa- tion of a pumping system at an estimated cost of $75,000.00, the alternate solution. There has been a rather severe recurring problem in the flooding of Beach Drive over a period of many years, which this improvement is expected to alleviate. The City Manager presented Resolution No. 15-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO RAISE BEACH DRIVE FROM ANDREWS AVENUE TO A POINT SOME 325 FEET WESTWARD, IN THE CITY OF DELRAY BEACH, FLORIDA, TO ALLEVIATE FLOOD- ING CONDITIONS DURING HIGH TIDES. (Copy of Resolution No. 15-78 is on file in the official Resolution Book.) Mr. Chapin moved for the passage of Resolution No. 15-78, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. The Mayor returned at 9:31 P.M. 8.e. The City Manager reported that Ordinance No. 4-78 is before ~ouncil for consideration on Second and FINAL Reading. This ordinance, if passed, will amend Ordinance No. 74-77, PERC, relative to a definition Df managerial employees. This ordinance was~.passed on First Reading at the February 13th 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. 4-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AMENDING ORDINANCE NO. 74-77 BY MAKING CERTAIN DELETIONS IN THE CAPTION OF SAID ORDINANCE, AMENDING THE DEFINITION OF MANAGERIAL EMPLOYEES, AMENDING THE SECTION OF PREEXISTING STATE CERTIFICATIONS PROVIDING ACCEPTANCE BY THE DELRAY BEACH COMMISSION OF SUCH CERTIFICATIONS AS IF ISSUED BY THE DELRAY BEACH COMMISSION AND ADDING A SECTION 13A-31 PROHIBITING AMENDMENTS UNLESS SUBMITTED TO AND APPROVED BY THE FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION; PROVIDING - 9 - ~/~7/7~. A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-78 is on file in the official Ordinance Book.) The City Manager read the ca~tion of the ordinance. A public hearing was held having been legally a~vertised 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. Weekes moved for the passage of Ordinance No. 4-78 on Second and FINAL Reading, seconded by Mr. Chapin. 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 wi~h a 5 to 0 vote. 8.f. The City Manager reported that Ordinance No. 6-78 is relative to Civil Service/Labor Unions is before Council on Second and FINAL Reading. This ordinance was passed on First Reading at the January 23rd meeting and tabled on Second and FINAL Reading at the February 27th meeting. As indicated from the City Attorney's memorandum to Council dated February 17th, this item has been removed from the March election ballot and therefore Council, on atvice of the City Attorney, should vote "no" to Ordinance No. 6-78 which will formally remove it from consideration on the referendum election on March 7, 1978. The City Manager presented Ordinance No. 6-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, 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 CIUIL 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'AGREEMENT, SHALL BE REMOVED FROM THE BENEFITS OF THE CIVIL SERVICE ACT, CIVIL SERVICE CODE OF RULES AND REGULATIONS AND PERSONNEL POLICIES. (Copy of Ordinance No. 6-78 is on file in the official Ordinance Book.) The City Manager read the caption of the ordinance. Upon question by Mr. Sanson, the City Attorney advised that this question can be brought up later and will be brought up for the November election. Mr. Sanson asked, if these issues are satisfactorily clarified to the City Attorney's and Mr. Mintz~'s satisfaction, could this item be on the ballot for the November election. The City Attorney replied in the affirmative. Mr. Sanson asked, if the motion is made tonight, would the City Attorney need a further motion instructing him and Mr. ~Mint~ to continue reviewing this item ~or the purpose of placing this item on the ballot for the November election. The City Attorney advised that Council could make that motion; however, he would still consider it Council's wish to pursue the matter. Mayor Scheifley informed Mr. Sanson that this is a technical matter; it would be worthless to pass the ordinance. - 10 2/27/78. 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. Sanson moved, in accordance with the City Attorney's wishes, that Ordinance No. 6-78 not be passed 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. (Ordinance No. 6~78 failed of passage on second reading). Before roll call, the following discussion was had. Mayor Scheifley stated at the second candidate forum, which was at the Delray Beach Kiwanis Club, he gave a brief explanation of this ordinance and told them that this would be on the ballot. The Mayor asked Mr. Chapin and Mr. Sanson to make an announcement, at the next Kiwanis Club meeting, that this would not be on the ballot. Roll call on the motion was had at this time. Mr. Sanson moved that the City Attorney's office be instructed to continue to review the matter with the understanding that Council will consider it again for possible inclusion on the November 1978 ballot, seconded by Mr. Randolph. The motion passed unanimously. 8.~. The City Manager reported that Ordinance No. 8-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to establishing a procedure for modification of approved conditional use is before Council on Second and FINAL Reading. This ordinance was passed on First Reading at the February 13th 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. 8-78: 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, ~Y AMEND~G'~SE~TION-29~21 CONDITIONAL USES BY CREATING A NEW SUBSECTION (F) ESTABLISHING A PROCEDURE FOR MODIFICATION OF A CONDITIONAL USE PROVIDING THE PLANNING AND ZONING BOARD SHALL DETERMINE WHETHER THE MODIFICATION IS MAJOR OR MINOR AND IF MINOR THE PLANNING AND ZONING BOARD SHALL HAVE JURISDICTION AS THE FINAL DECISION MAKING BODY TO DECIDE THE MODIFICATION REQUEST; CHANGING EXISTING LETTERED SUBSECTION (F) TO SUBSECTION (G); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No.8-78 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. The public hearing was closed. Mr. Chapin moved for the passage of Ordinance No. 8-78 on Second and FINAL Reading, seconded by Mr. Weekes. Mr. Sanson stated on this ordinance and on the next two ordinances, 9-78 and 11-78, he has no arguments to offer other than his comments at the February 13th Council meeting. He still will cast a negative vote on all three ordinances, based on those arguments and will hope that the other Council members have given some thought to his (Sanson's) comments and might reconsider their previous positive votes. 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 Ordinance No. 9-78 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 establishing a procedure for modification of site and development plan approval. This ordinance was passed on First Reading at - 11 - 2/27/78. the February 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. 9-78: 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 29-22 SITE AND DEVELOPmeNT PLAN APPROVAL BY CREATING A NEW SUB- SECTION (F) ESTABLISHING A PROCEDURE FOR MODIFICATION OF SITE AND DEVELOPMENT PLAN APPROVAL, PROVIDING THE PLANNING AND ZONING BOARD SHALL DETERMINE WHETHER THE MODIFICATION IS MAJOR OR MINOR AND IF MINOR THE PLANNING AND ZONING BOARD SHALL HAVE JURISDICTION AS THE FINAL DECISION MAKING BODY TO DECIDE THE MODIFICATION REQUEST; CHANGING EXISTING LETTERED SUBSECTION (F) TO SUBSECTION (G); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 9-78 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. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 9-78, on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Sch~ifley - Yes. The motion passed with a 4 to 1 vote. 8.i. The City Manager reported that Ordinance No. 11-78 is amending ~Chapter 23A "Subdivisions" of the Code of Ordinances delineating the areas of responsibility and authority of the City Council, Planning & Zoning Board and Administrative Staff Personnel in the subdivision review process relative to preliminary and final plats is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the February 13th meeting. The City Manager presented Ordinance No. 11-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY'BEACH, FLORIDA, AMENDING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, DELINEATING THE AREAS OF RESPONSIBILITY AND AUTHORITY OF THE CITY COUNCIL, PLANNING AND ZONING BOARD AND ADMINISTRATIVE STAFF PERSONNEL IN THE SUBDI- VISION REVIEW PROCESS PROVIDING THAT THE PLANNING AND ZONING BOARD RATHER THAN THE CITY COUNCIL SHALL REVIEW SKETCH PLANS AND PRELIMINARY PLATS; PROVIDING THAT BOTH THE PLANNING AND ZONING BOARD AND CITY COUNCIL SHALL REVIEW FINAL PLATS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-78 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. The public hearing was closed. Mr. Chapin moved for the passage of Ordinance No. 11-78, on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. W~ekes - No; Mayor Scheifley - Yes. The motion passed - 12 - ~2/27/78. with a 3 to 2 vote. 8.j. The City Manager informed Council that the City Attorney has asked that this item, the public hearing and second reading of Ordinance No. 12-78 be tabled. Upon question by Mr. Sanson, the City Attorney informed Council the question came up last week about the visibility of the walls at intersections, his associate met with the Engineering Department and they suggested that she meet with the Building Department. Mr. Randolph moved to table item 8.j., seconded by Mr. Weekes, said motion passing unanimously. (Note: Mr. Carey's remarks at end of item 8.1.) 8.k. The City Manager reported that Ordinance No. 15-78 is amending Chapter 19 "Pensions" of the Code of Ordinances is before Council for consideration-on Second and FINAL Reading. This ordinance was passed on First Reading at the February 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. 15-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 19,ARTI- CLE V "PENSION PLAN FOR GENERAL EMPLOYEES", BY REPEALING SECTION 19-84 (e) (1) AND ENACTING A NEW SECTION 19-84 (e) ~1) MONTHLY INCOME PAYABLE PRIOR TO NORMAL RETIREMENT DATE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-78 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. The public hearing was closed. Mr. Sanson stated he would support this ordinance at this moment, but he is not entirely at ease with it as he is having a hard time on the basis that he recognizes it is being passed for the benefit of one individual. Mr. Sanson asked the City Manager if he could give some indication as to what this means financially to the Pension Plan? The City Manager replied he has no idea and his last reading on this was the Finance Department had posed certain questions to the City Attorney's Office. The City Attorney informed Council this particular ordinance was prepared by the law firm in Washington that represents the City's pension consultants so he beleives that it is in conformance with pension plan requirements but whether or not other cities have the exact same provision, he does not know. Mr. Weekes moved for the passage of Ordinance No. 15-78, on Second and FINAL Reading, seconded by Mr. Sanson. Upon ~oll 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. 8.1. The City Manager reported that Ordinance No. 16-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to commercial site plan approval. This is before Council for consideration on First Reading. This was discussed at the workshop meeting on January 30th. The City Manager presented Ordinance No. 16-78: 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 29-9 NC DISTRICT (B) PERMITTED USES TO ADD A NEW PARAGRAPH UNDER (B) TO READ "ALL DEVELOPMENTS SHALL BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL"; SECTION 29-11 GC DISTRICT (N) BY ADDING a NEW SUBSECTION (4); SECTION 29-12 SC -.13 - 2/27/78. DISTRICT (N) BY ADDING A NEW SUBSECTION (4); SECTION 29-13 CBD (O) BY ADDING A NEW SUBSECTION (3); SECTION 29-13.1 LC DISTRICT (M) BY ADDING A NEW SUBSECTION (4); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 16-78 on First Reading, as amended, seconded by Mr. Chapin. 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, the following discussion was had. Mr. Weekes commented on one of the three criteria used in the ordinance (4.a.l (which appears in other sections of the ordinance) which states that "any use or uses which meet any of-the following conditions, shall be subject to site and development plan approval. (a) Three (3) or more uses that are physically attached or located on the same lot or parcel of land." Mr. Weekes questioned how you would tell in advance whether any proposed project would end up with three or more uses. Many times a building is built and the petition walls will be left out because there is no way that the developer or builder knows at the outset what the requirements will be of a perspective tenant. Mr. Carey, Chairman of the Planning & Zoning Board, noted he understands what Mr. Weekes is talking about and he would have to agree. The developer could leave the petitions out and draw his permit without any problems at all and, as long as the developer stays under 10,000 square feet or an acre, there is nothing the City can do. Mr. Weekes asked that (4) (a) be eliminated and only have provisions (b) and (c). Mr. Weekes stated he would rather see the square foot limitation reduced and leave out the number of uses. Council agreed in Lb) to reduce the square foot limitation to 6,000 square feet, and in (c) to reduce to one-half (%) an acre. Council agreed to amend the motion as follows: to eliminate in Section 2(4)i~a) and Section 3~C)(a) and Section 4(4)(a) and in (b) of each Section to reduce the square footage from 10,000 square feet to 6,000 square feet and in (c) of each Section reduce the minimum lot size from one (1) acre to one-half ~½) acre. Roll call on the motion was had at this time. Mr. Carey noted that in the zoning code on Page 77 in regard to Item No. 8.j. (which was tabled earlier) it has reference to two fences and it says "that no fence hedge or anything else, regardless of the material used, can be placed in such a manner as to obstruct vision." There is no need to write another ordinance to refine the district boundary line - you merely add into the district.boundary line ordinance this section of the zoning ordinance, as it now exists. 8.m. The City Manager reported that Ordinance No. 17-78 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to SC (Specialized Commercial) District is before Council for consideration on First Reading. This was discussed at the January 30th workshop meeting. The City Manager presented Ordinance No. 17-78: 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 A~ENDING SECTION 29-12 SC DISTRICT BY ADDING A NEW SUBSECTION (5) ESTABLISHING A SPECIAL GEOGRAPHICAL AREA WHICH WOULD HAVE ITS OWN SPECIAL REQUIREMENTS FOR LOT DIMENSIONS, SITE AREA AND SETBACKS; PROVIDING A SAVING CLAUSE; PROVIDING AN EEFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Weekes moved for the passage of Ordinance No. 17-78 on First Reading, seconded by by Mr. Randolph. Mr. Sanson asked Mr. Carey why the Planning & Zoning Board would want to go to Specialized Commercial over the General Commercial, which in his opinion, is a much more restrictive - .14 - 2/27/78. commercial zoning and is more favorable to abutting residential areas. Mr. Weekes noted' it is stated in the ordinance SC but it should be GC. Mr. Chapin moved, in light of the discrepancy in the ordinance, as to whether the zoning classification is GC or SC, that this item be tabled, seconded by Mr. Sanson. The motion passed unanimously. This will be returned to Council with the corrected change. 9.a. City Manager Mariott reported the Planning & Zoning Board at a meeting held on February 21st unanimously recommended that the replat request to replat Lots 11 through 14, Block 1, Sunflower Subdivision - Phase I at the northeast corner of the intersection of Lake Ida Road and Barwick Road be zoned R-lA (Single Family Dwelling) District be approved, subject to the comments of the Director of Public Utilities as stated in his January 31st memo. This replating is requesting to allow better placement of structures on these lots. Mr. Weekes moved to approve the Planning and Zoning Board's recommendation, seconded by Mr. Sanson, said motion'passing unanimously. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Weekes moved that Council authorize payment of the City's bills, seconded by Mr. Randolph. The motion passed unanimously. General Fund ................. $513,334.35 Cigarette Tax Fund .............. 6,105.00 Utilities Tax Fund .............. 3,990.00 SRecial Projects Fund ............ 42,029.00 Federal Public Works Fund .......... 100.00 Water and Sewer Fund ............. 29,151.55 Mr. Weekes moved, at 9:38 P.M., for the adjournment of the meeting, seconded by Mr. Chapin. The motion passed unanimously. ~ CITY CLERK APPROVED: ~d t" MAYOR The undersigned is the City Clerk of the City of Delray Beach hat the information provided herein is the minutes of the meeting of said City Council of February 27, 1978 which minutes were formally approved and adopted by the City Council on ~~e~X~ /.g~ /~7 F~ · .. NOTE TO READER: If the minutes that you ~ave received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 15 - 2~27/78.