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08-28-78 AUGUST 28, 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, August 28, 1978, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, and James H. Scheifley, present. Mr. Sanson was absent. 1. The opening prayer was delivered by Reverend Jim Smith, Grace Baptist Church. 2. The Pl'edge of Allegiance to the flag of the United States of ~-~erica was given. 3. Mr. Chapin moved for the approval of the minutes of the regular meeting of August 14, and the special meetings of August 7, August 8, and August 16,1978,'seconded by Mrs. Durante. Said motion passed unanimously. 4.a.1. Mr. Chapin noted that in 1977, when he was seated on Council, he presented an il-point agenda for 1978 that he felt Council should address; all but about two points have been resolved (1) Code enforce- ment between Planning and Zoning, Building and C.A.B., (2) consolidation of the City Building Boardsinto one Board. Mayor Weekes suggested that these items be scheduled for a workshop meeting. 4.a.2. Mr. Chapin advised that he has distributed a memo to Council requesting that the Administration advise Council on the employee's fringe benefits, per capita cost for 1973, 1975 and 1977, as adjusted for inflation. 4.a.3. Mr. Chapin expressed interest on behalf of the City to purchase the 15 or 16 acres of golf course property from Mrs. Harris fronting on Homewood Boulevard for a tennis facility. 4.b.1. Mayor Weekes presented a proclamation for the League of Women Voters commemorating August 26, 1978 as the 58th anniversary of women's right to vote. 4.b.2. Mayor Weekes noted that at the budget workshop last week, Council discussed the possibility of a raise in salary for the Mayor and the Council members. The City Attorney is reviewing this and, by consent of Council, has been authorized to prepare the necessary ordinance. This ordinance will be prepared six months prior to the effective date of the ordinance, which will be the seating of the next City Council. 4.b.3. Mayor Weekes reported that at the budget workshop, members of Chatelaine Homeowners Association presented several items that they would like to see in the budget, one of which is the acquisition of park land in the vicinity of Chatelaine. Mr. Jim Nowlin, Jr., owner of Club Chateau, has offered and is prepared to sell this property to the City for approximately $165,000. The Mayor stated that he would like Council to authorize the appraisal of this property. Mr. Chapin moved that Council authorize the City Administration to secure an appraisal for the property known as the Delray Racket Club, with the understanding it did not create a co~m~itment on the City to buy, seconded by Mrs. Durante. Said motion passed unanimously. 5. Gene Strickland, Assistant Manager for Leadership Cablevision, stated that they have just completed the installation turn-on of the satellite receive station to bring home box office to the City. They have contracted Cary Sullivan to organize sales representatives to contact residents and explain their additional services. Since they have an occupational license and pay the City a percentage of their subscriber revenue, they are requesting that Council waive the daily license fee for each sales representative in the field and to expedite their marketing program; they would also like to screen the marketing applicants and provide them with their own identification instead of the City's. The City Attorney stated that this would require an ordinance amendment. The way the City's ordinance is set up regarding solicitation for orders for delivered services in the future would require them to obtain a solicitor's license and pay the fee. For this kind of a situation, if they are going to do it on a routine basis, it would be rather expensive. Also, there is a question as to whether or not, when this ordinance was originally adopted, it was the intent to have it applied to businesses that are actually licensed in the City. He suggested to Mr. Sullivan that, if he would like to, he could address the question to Council and Council might desire to put it on a workshop meeting. Mayor Weekes stated that if Council authorizes the City Attorney to prepare an ordinance, it would take at least 5 - 6 weeks before it could become effective. Mr. Scheifley stated that Council discussed a couple of months ago peddlers who carry their own material. At that time, there was an attempt to prevent it. Now, there is an activity which is to the publi~i~ interest, and there seems to be a conflict. He thinks there should be an analysis done. The City Attorney noted that the daily fee is $10 and Mayor Weekes stated that it would come to maybe $300-$400 before they could amend the ordinance. The City Manager suggested that, if they are interested in having the ordinance amended, they contact the Administration so the matter can be investigated in conjunction with the City Attorney's office. Mr. Chapin suggested putting this on a workshop so that they can have the City Administration's advice. In response to a question from Mrs. Durante, the City Attorney stated that this would pertain to peddlers also. Mrs. Durante stated that when they talked about peddlers, this was not mentioned because, if this had been mentioned, $10 a day would keep out any peddler. The Mayor stated that Council is sympathetic and that they will do the best they can to amend the ordinance, if that is deemed to be the best way to go about it. However, there is no relief Council can grant at this time. 5.b. Mr. William Burson, district manager for Southern Bell in this area, stated that they filed tariffs with the Public Service Commission today for a trial of measured local service in Delray Beach and those tariffs were approved. They are one of the five exchanges in the state of Florida that will be conducting this year's trial on measured service. The trial is one more step in the ongoing study begun by the company and the commission in 1974 to seek alternate ways of pricing local service. The commission earlier approved a measured service in Jupiter. At that time, he thought possibly, Delray Beach would be included but then it - was not. Under the company proposal, Delray Beach customers would be able to select one of three local calling options; unlimited local service, which they have at the present time, fully measured service, and low use measured resident service. The unlimited use option would be identical in both price and calling scope to the current flat rate offering in Delray Beach. For example, the retired residents who tell him they use the telephone one or two times a month for emergency purposes. Under this service, that person, instead of paying $10.25 for his resident line, would be able to pay $6.65 and he would have a $2 calling allowance during the month. Mr. Burson then handed out information sheets to Council. 6.a.1. The City Manager reported that Council authorized a contract with Carr Construction back in February of this year for the raising and repaying of a portion of Beach Drive, primarily, to help a long- standing drainage problem on that street. Not too long after that, the City received notification from Carr that they would not be able to - 2 - 8/28/78 properly execute the contract because of the loss of certain personnel that happened to have the specialty training needed to do this particular type of mechanical work. Therefore, they asked to be relieved of the performance of the contract. The City, then, attempted to secure bids. Two bids were received as follows: Hardrives, Inc. $12,500.00 Delray Beach, FL H.L. Westberry $46,300.00 Deerfield Beach, FL Although, the Hardrives bid is more than the original contract, after investigating it rather thoroughly, as far as the Administration is concerned, and discussing it with the City Attorney, it is recommended and the City Attorney concurs, that Resolution No. 72-78 be adopted awarding the contract to Hardrives, Inc., in the amount of $12,500. One factor that played a great part in the City's decision on this is that the Carr Construction Company does a lot of work for the City and they are very reliable and they have been very honest with the City. It is to their credit that when they found themselves in the position that they would not be able to properly execute the contract, they so notified the City. The City Manager presented Resolution No. 72-78: 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 FLOODING CONDITIONS DURING HIGH TIDES; AND THIS RESOLUTION SUPERSEDES RESOLUTION NO. 15-78 AWARDING THE CONTRACT TO CARR SOIL AND SOD DRIVEWAYS, WHICH CONTRACTOR WAS UNABLE TO FUL- FILL SAID CONTRACT DUE TO SUBSEQUENT LACK OF QUALIFIED PERSONNEL. (Copy of Resolution No. 72-78 is on file in the official Resolution Book) Mr. Scheifley moved for the passage of Resolution No. 72-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.a.2. The City Attorney stated that there are three resolutions up for consideration. They are Nos. 73-78, 74-78, and 76-78. Resolutions No. 73-78 and 74-78 are the dual tax resolutions that Council discussed at the workshop meeting last week. The services that are set forth in both are the same as those that were set forth in the resolutions discussed last Monday night with the additions, as indicated by the administration, and the memos that were passed out during that meeting. He recommended that Council adopt Resolution No. 73-78 and then proceed to the next two resolutions. The City Attorney presented Resolution No. 73-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY FOR FISCAL YEARS 1974-75, 1975-76, 1976-77, 1977-78, PURSUANT TO SECTION 125.01(6)(a) OF THE FLORIDA STATUTES TO REMIT TO THE CITY OF DELRAY BEACH THE COST OF THE SERVICES SET FORTH IN THIS RESOLUTION WHICH WERE RENDERED SPECIALLY FOR THE BENEFIT OF PROPERTY OR RESIDENTS IN THE UNIN- CORPORATED AREAS OF PALM BEACH COUNTY AND FINANCED FROM COUNTY-WIDE REVENUES. REMITTANCE IS REQUESTED FOR THE IDENTIFIED COST OF THESE SERVICES PAID BY TAXES LEVIED UPON PROPERTY WITHIN THE CITY OF DELRAY BEACH. - 3 - 8/28/78 (Copy of Resolution No. 73-78 is on file in the official Resolution Book) Mr. Chapin moved that Council adopt Resolution No. 73-78 in the interest of fair and equitable taxation between the residents of those who happen to live in municipalities and those who live in the unincorporated areas, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.a.3. The City Attorney stated that as to Resolution No. 74-78, the only difference between this and No. 73-78 is that the fiscal year applicable to this resolution is 1978-79 fiscal year and that it allows an alternative rather than remitting the taxes to the City that the County develop what in statutory language is called an appropriate - mechanism, meaning a separate taxing unit for the unincorporated area for these specific services. The City Attorney presented Resolution No. 74-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FOR FISCAL YEAR 1978-1979 AND SUBSEQUENT YEARS, PURSUANT TO SECTION 125.01(6)(a), FLORIDA STATUTES, TO DEVELOP AND USE AN APPROPRIATE MECHANISM TO FINANCE SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OR RESIDENTS IN UNINCORPORATED AREAS AND FINANCED FROM COUNTY- WIDE REVENUES WHICH MAY BE EITHER BY TAXES, SPECIAL ASSESSMENTS, OR SERVICE CHARGES LEVIED SOLELY UPON RESIDENTS OR PROPERTY IN THE UNINCORPORATED AREAS, BY THE ESTABLISHMENT OF A MUNICIPAL SERVICE TAXING OR BENEFIT UNIT PURSUANT TO PARAGRAPH (g) OF SUBSECTION (1) OF SAID SECTION 125.01, FLORIDA STATUTES, OR BY REMITTING THE IDENTIFIED COST OF SERVICE PAID BY THE TAXES LEVIED UPON PROPERTY SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA; AND FOR OTHER PURPOSES. (Copy of Resolution No. 74-78 is on file in the official Resolution Book) Mr. Chapin moved that Council adopt Resolution No. 74-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.a.4. The City Attorney stated that Resolution No. 76-78 is supporting the County's acquisition of 134 acres of land in the area that was des.cribed in the resolution. The City Attorney presented Resolution No. 76-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE COUNTY TO FAVORABLY CONSIDER THE ACQUISITION OF 134 ACRES OF LAND, BOUNDED ON THE NORTH BY THE L - 30 CANAL AND LYING EAST OF BARWICK ROAD, AS PART OF ITS PARKS ACQUISITION BOND PROGRAM. (Copy of Resolution No. 76-78 is on file in the official Resolution Book) Mrs. Durante moved for the passage of Resolution No. 76-78, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 4 - 8/28/78 6.b. The City Manager stated that he is very happy to report that the City's utilities department consisting of some 61 employees went a staggering 370 days without a chargeable accident. He feels that that speaks very well for the City's safety program and for all 61 employees of the Public Utilities Department. Lou Martin heads the Utilities Department and there are four award citations issued in the names of the four divisions of the Utilities Department so that this award can be displayed at the headquarters workplace for each of these divisions. The Water Treatment Division is headed by Robert Ailstock; the Water Distribution Division by Olan Peters; the Customer Service by Byron Matteson; and the Sewage Collection System Division by Carl Howard. Mr. Chapin moved that Council approve recognition for the Public Utilities Department for the five people so cited and stated that it is a great honor and privilege to make this motion, seconded by Mr. Scheifley. Said motion passed unanimously. Mayor Weekes stated that Lou Martin has spent untold hours in trying to resolve the City's water problem. The City does have many, many dedicated hardworking employees who do yeoman work for this City and the Mayor personally thanked Lou Martin. Robert AilStock, Olan Peters, Byron Matteson, and Carl Howard came forward and accepted their awards. 6.c. The City Manager reported that it is recommended that Council authorize the execution of an agreement between the City and Sherwood Park Civic Association to landscape a strip of dedicated City-owned property east of and adjacent to Military Trail to create a buffer area between Sherwood Park and a new development west of Military Trail. There will be no City cost or obligation. Mr. Scheifley moved to approve this agreement between the Sherwood Park Civic Association and the City for the beautification of that area, seconded by Mr. Chapin. Said motion passed unanimously. Before roll call, Mr. Scheifley asked Jack Duncan, the President of this organization to stand up. He congratulated the organization for taking over this area and beautifying it at no expense to the City. It shows a lot of pride in the City and the community. At this point the roll was called to the motion. 6.d. The City Manager reported that it is recommended that Council give consideration to approving an amendment to the contract between the City and the Palm Beach County Solid Waste Authority for the disposal of the City's solid waste. This amendment is made advisable by the withdrawal of the City of Boca Raton from participation and use of the refuse transfer plant. The City Attorney stated that he spoke with the executive director of the Solid Waste Authority, Tim Hunt, and also the attorney today, concerning this proposed amendment. There are two thing pro- posed in the amendment. First of all, an amendment to the contract with the Solid Waste Authority and then an amendment with the lease with the Solid Waste Authority. In discussion with the representative of the Solid Waste Authority, apparently, the intent of the authority was that we would not have a veto over any unit of government coming in or not coming in, that the authority under which the solid waste entity is organized would prohibit that kind of a veto. An amendment to the lease is suggested to be worked along the lines that since we can't have a veto power, as such, that we simply attach a financial condition to someone becoming a member of this entity. Under the lease agreement, what is being done is that the rental payment is reduced from the current payment to $1 per year and the reason for that was because of the increase in cost necessitated from the withdrawal of Boca Raton. That was an increase of $11.20 a ton to $12.32 a ton. The concept behind the amendment to the lease would provide that any new governmental unit coming in would pay rent for the facilities which would be based on the amount of volume of trash and so forth that that particular entity generates. It is imperative that this be acted on so that the equipment can be purchased and the finance secured to purChase that equipment, otherwise the existing commitments that they - 5 - 8/28/78 have will be lost. The City Attorney recommended that the contract addendum be passed, as written, with the amendment suggested that the lease agreement be passed in principle and authorize the City Admin- istration and the City Attorney to negotiate these financial terms and formalize the agreement along the lines indicated. The City Manager stated that it is his understanding that the City will handle Boca Raton's withdrawal from the pact in a financial way by the lease agreement rather than the operations contract in that the City will lose about $12,000 a year by way of lost fees from Boca Raton but we will still be able to maintain our per ton cost at less than the $12 maximum that is set up in the present operations agreement. The Mayor stated that the contract addendum was prompted by the Solid Waste Authority in an effort to protect the City of Delray - Beach. The Authority resented Boca Raton's pulling out of the arrange- ment and in order that Delray might be protected, this contract addendum was suggested and it was suggested solely for the purpose of giving us input into whatever may transpire at some time down the road should Boca or some other city wish to come back into it. Boca Raton's pulling out of this does impact us on a per ton basis in a negative way but at the end of 3 years this lease and this contract expires and those capital improvements will have to be sold. They are being advertised over a three year period. The money derived therefrom will come back directly to the City of Delray Beach only. This will have the effect of reducing the per ton charge at the end of the three years but we can't get it on the front end. That is estimated to be an average of 82¢ per ton. He thinks that the City can perform this service within the $12 prescribed in the contract. Mr. Chapin moved that this Council approve entering into a lease between the City and the Palm Beach County Solid Waste Authority subject to approval, as to form, technical amendments, as may be suggested by the City Attorney together with a contract addendum as recommended pursuant to the City Attorney by adding the word "city or city franchisee", Section 1. The City Attorney stated that on the motion on the lease agreement what he had in mind was more than a mere technical change. What is required is that the administration and the City Attorney's office is going to have to sit down and actually write a provision in the contract that will permit some sort of additional financial commit- ment from the Solid Waste Authority in the event that some other unit of government is brought into that entity. Mr. Chapin added to his motion any changes and recommendations from the City Attorney which will protect the best interest of the City of Delray Beach, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 6.e. The City Manager stated that this item was put on the agenda with the recommendation that a contract between the City and Mr. Roy - M. Simon be approved tonight provided the City Attorney reviewed it by meeting time tonight. The City Attorney informed him that such is not the case and that being so, it is recommended that this item be skipped over. Council agreed to skip item 6.e. Mr. Chapin stated that the balance of Council in his absence had the unfortunate task of having public sessions to interview the architects not only for the Public Works Complex but also the expansion of City Hall. He wished the members of Council to know that if he had been here at that time, that he would have voted for Mr. Simon as first ~choice for the expansion of City Hall and Mr. Toth to be the architect for the Public Works Complex. 6.f. The City Manager recommended that this item be skipped over. His office was called today by one of the applicants requesting that this item be passed over tonight by Council. Council agreed to this. - 6 - 8~28/78 6.g. The City Manager reported that it is recommended that Council authorize the execution of a permit between the City and the Department of Transportation requesting permission to construct approximately 200 feet of 5-foot asphalt sidewalk and 6-inch by 18-inch deep concrete curb along A1A in front of The Seagate, 500 South Ocean Boulevard. The estimated cost is: Seagate's portion - 80% $2,024.00 City's portion - 20% 506.00 Total $2,530.00 The sidewalk will provide a continuation of the existing City sidewalk to the south, along A1A, and will serve as a separation for the beach and prohibit parking in this area. The Seagate will landscape and maintain the area which will provide a means of erosion control as this is the only unprotected area along the ocean. The City will maintain the public sidewalk. Mr. Chapin stated that his law firm represents the Seagate Hotel and in order to avoid any conflict of interest, he will step down from any discussion on this matter. Mr. Chapin left the Chambers at this time. Mr. Scheifley moved that Council authorize the execution of a permit between the City and the Department of Transportation for this improvement on South A1A near the Seagate, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Mr. Chapin returned to the Chambers at this time. 6.h. The City Manager reported that the City Administration and the City Attorney's office both are of the opinion that this item should not be acted on now. The City Attorney advises that it is not legally necessary for the Council to act on it now, inasmuch as the City's certified millage rate is not being exceeded. Public Hearing and final adoption of the budget is scheduled for September 25th. Council agreed to skip this item. 7.a. The City Manager reported that a communication has been received r~ the Area Planning Board dated August 15, 1978 requesting A-95 Clearinghouse Review and comments relative to Florida Department of Transportation improvements for 1-95 from Broward County Line to PGA Boulevard in Palm Beach County. Approval is recommended. Mr. Scheifley moved that the administration reply in an affirmative manner regarding the improvements on 1-95 in Palm Beach County, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.a. The City Manager reported that Council, at the special meeting on August 7th rejected the only bid submitted for the Salt Water Intrusion Management Plan Wells in the amount of $15,792, as this amount was considered to be exorbitant. The only bidder, A.E.C.O.A., Inc., did not respond to inquiries and requests to negotiate a lower price. The Alsay-Pippin Corporation ham agreed to contract for the installation for $8,450, a savings of $7,342. It is recoLm~ended that the contract be awarded to Alsay-Pippin Corporation in the amount of $8,450 by passage of Resolution No. 75-78 with funding to come from the Water and Sewer Contingency Account. The City Manager presented Resolution No. 75-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO AWARD A CONTRACT FOR THE SALT WATER INTRUSION MANAGEMENT PLAN, INSTALLATION OF SALINITY.MONITORING WELL 1 AND 2 TO THE ALSAY-PIPPIN CORPORATION IN THE AMOUNT OF $8,450. - 7 (Copy of Resolution No. 75-78 is on file in the official Resolution Book) Mr. Chapin moved that Council adopt Resolution No. 75-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.b. The City Manager reported that Ordinance No. 31-78 relative to amending Chapter 29 "Zoning" of the Code of Ordinances relative to swimming pools is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - The City Manager presented Ordinance No. 31-78: 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 29-1 "DEFINITIONS" TO ADD SWIMMING POOLS; AMENDING SECTION 29-5(N) BY ADDING A SUBSECTION (4)~ Ab~NDING SECTIONS 29-6(P),29-7(P), AND 2q-g(P) BY ADDING A NEW SUBSECTION (4); AMENDING SECTIONS 29-8.1(R), 29-8.2(R), 29-8.3(R) BY ADDING A NEW SUBSECTION (10) RELATING TO SWIMMING POOLS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-78 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. Mrs. Durante moved for the passage on Second and FINAL Reading of Ordinance No. 31-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. 8.c. The City Manager reported that Ordinance No. 43-78 relative to rezoning and placing land presently zoned R-lA (Single Family Dwelling) District in LI (Light Industrial) District located in Section 20-46-43 at the southwest corner of the intersection of Swinton Avenue and Southridge Road is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July 24th meeting. This item was tabled for two weeks at the August 14th meeting to permit certain relevant facts to be ascertained and reported to Council. A public hearing was held on the ordinance at the August 14th meeting. The City Manager presented Ordinance No. 43-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELI{AY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 1 THROUGH 10, INCLUSIVE, BLOCK 4, SOUTHRIDGE, PLAT NO. 1, AS RECORDED IN PLAT BOOK 13, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS IN SECTION 20-46-43, AND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTER- SECTION OF SWINTON AVENUE AND SOUTHRIDGE ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 43-78 is on file in the official Ordinance Book) - 8 - 8/28/78 The City Manager read the caption of the ordinance. Mayor Weekes stated that they allowed the public to be heard at the First Reading of this ordinance. They had a public hearing which was duly held and the public was heard on the Second Reading of this ordinance. The Council before voting on it asked for additional inform- ation. Therefore, he does not intend to have another public hearing on this item tonight. Everything has been said that can be said by both sides. The laws regarding public hearings have not only been adhered to, they have been exceeded. At 8:05 P.M. a five minute recess was taken. The meeting reconvened at 8:10 P.M. Mayor Weekes stated that this matter was referred back to the Planning Department for a recommendation as to rezoning only a portion of it; Lots 1 through 6 to industrial, leaving Lots 7 through 10 single family. Mr. Chapin moved that Council sustain the recommedation of the Planning & Zoning Board and approve the rezoning as requested and pass Ordinance No. 43-78 on Second and FINAL Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Scheifley stated that this particular zoning problem is one of the more difficult that has come before Council in a long time. It is a real gray area. There are good arguments on both sides for the rezoning and against the rezoning. He has received many phone calls and material regarding this issue from many people and it's a very difficult decision to make. In getting the facts on this and finding the impact of what the district boundary ordinance would do, if any commercial activity is expanded down there it will require a six foot hedge all around the property or a six foot wall which would provide sort of a buffer. Mrs. Durante stated that she has studied this issue very thoroughly and has been down to the area and looked around. She is concerned about what is best overall for the City and for everybody that is involved. If the owner of this building wanted to expand, he could not expand to the front of the building, he could not expand to the back, and he could not expand to the east. The only way he could expand would be to the west. Then he would have to either put in the wall or a hedge to provide further protection from the neighboring residents and he could not expand any closer than 60 feet from the nearest house. Right now, there are 3 lots existing between the nearest house and the required setbacks for this property. This is a great buffer and the kind of buffer she would like to see between a residential area and this type of zoning. At this point the roll was called to the motion. 8.d. The City Manager reported that Ordinance No. 53-78 is before Council for consideration on Second and FINAL Reading. This ordinance, if passed, will repeal Ordinance No. 46-75 relative to off-street parking. This ordinance was passed on First Reading at the August 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 53-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 46-75 AND ENACTING A NEW ORDINANCE RESTRICTING THE HOURS OF PARKING ALONG STATE ROAD A-1-A BETWEEN THE HOURS OF 1:00 A.M. AND 7:00 A.M. TO ONE HOUR PARKING BETWEEN THE CENTERLINE OF CASUARINA ROAD DESIGNATED BY THE DEPARTmeNT OF TRANSPORTATION AS SLD MP 9.328 ON THE SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF BEACH DRIVE DESIGNATED AS SLD MP 10.358 ON THE NORTH AND TO - 9 - 8/28/78 PROHIBIT BETWEEN SAID BOUNDARIES ALONG STATE ROAD A-1-A DURING ALL HOURS THE PARKING OF VEHICLES PRIMARILY DESIGNED, CONSTRUCTED OR USED AS TEMPORARY OR PERMANENT LIVING QUARTERS, VEHICLES EXCEEDING 8,000 POUNDS GROSS WEIGHT, AND VEHICLES UTILIZING MORE THAN ONE STANDARD SIZE PARKING SPACE; PROVIDING THAT SAID DESCRIBED VEHICLES BE PARKED IN DESIGNATED OFF-STREET PARKING LOTS; PROVIDING DEFINITION OF VEHICLES; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR CODIFICATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-78 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. Mrs. Durante moved for the passage of Ordinance No. 53-78 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.e. The City Manager reported that Ordinance No. 54-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to gasoline stations is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-78: 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 29-1(38) "DEFINITIONS" RELATIVE TO ELIMINATING THE WORD "PRIMARILY" FROM THE PRESENT DEFINITION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 54-78 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. Scheifley moved for the passage of Ordinance No. 54-78 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call, the City Attorney, in reply to questions from Council, stated that the question all comes down to the definition of what is a gasoline station and whether or not a convenience store that has a couple of pumps would constitute a gasoline station or not. The Code defines gasoline station now as an establishment used primarily for the sale and delivery of fuel. At this point the roll was called to the motion. 8.f. The City Manager reported that Ordinance No. 55-78 is before Council fo~. consideration on Second and FINAL Reading. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances - 10 - 8/28/78 relative to variances. This ordinance was passed on First Reading at the August 14th meeting.~ Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 55-78: 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 29-24 TO ADD A NEW SUBSECTION (H) RELATIVE TO NOT REQUIRING A VARIANCE FOR NON-CONFORMING ZONING DISTRICT REQUIREMENTS; PROVIDING A SAV- ING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 that Council adopt on Second and FINAL Reading Ordinance No. 55-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.g. The City Manager reported that Ordinance No. 56-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to PRD (Planned Residential Districts) is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the August 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-78: 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 SECTIONS 29-8.1(R)(2) PRD-4, 29-8.2(R)(2) PRD-7 AND 29-8.3(R) (2) PRD-10 PLANNED RESIDENTIAL DIS- TRICTS, TO ADD A SUBSECTION (e) RELATIVE TO ALLOWING DUPLEX DWELLING UNITS WHEN "T" CUL-DE- SACS ARE USED; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-78 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 on Second and FINAL Reading of Ordinance No. 56-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.h. The City Manager reported that ~rdinance No. 7-78 amending Chapter 15C "Landscaping" of the Code of Ordinances relative to land- scaping is before Council for consideration on First Reading. This was discussed at the August 21st workshop meeting. The City Manager presented Ordinance No. 7-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15C "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SEC- TION 15C-5(b) RELATIVE TO PERIODIC INSPECTION - 11 - 8/28/78 OF LANDSCAPING, USE OF SURFACE OR SUBSURFACE WATER FOR SPRINKLING AND USE OF CITY WATER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption on First Reading of Ordinance No. 7-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Mrs. Durante asked why this ordinance has been around so long. The Mayor stated that one reason was because he did not like the original wording which said that it had to be inspected period- - ically by the Chief Building Official and he asked that the phrase "or his designee" be put in there because he didn't think the Chief Building Official had time to go around and make all these inspections personally. At this point the roll was called to the motion. 8.i. The City Manager reported that Ordinance No. 58-78 relative to annexing a 23.5.acre parcel of land located in Section 7-46-43 on the west side of Davis Road between Lone Pine Road and Lake Ida Road, subject to R-iAAA (Single Family Dwelling) District is before Council for consideration on First Reading. This property is presently zoned in the County as RS (Residential Single Family). Council, at the August 14th meeting, directed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 58-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SEC- TION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance. Mr. Chapin moved for the adoption on First Reading of Ordinance No. 58-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The City Manager reported that Ordinance No. 59-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to board and care homes is before Council for consideration on First Reading. This was discussed at the workshop meeting on August 21st. - The City Manager presented Ordinance No. 59-78: 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 29-1(8) "DEFINITIONS" TO CHANGE THE LIMIT OF PERSONS PERMITTED IN BOARD AND CARE HOMES FROM 10 TO 20 PEOPLE RESIDING AT ANY ONE TIME IN SUCH FACILITY; PROVIDING A SAVING CLAUSE: PRO- VIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 59-78 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 12 - 8/28/78 07S 8.k. The City Manager reported that Ordinance No. 60-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to commercial site plans is before Council for consideration on First Reading. This was discussed at the August 21st workshop meeting. The City Manager presented Ordinance No. 60-78: 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 REPEALING SECTIONS 29-11(N)(4) GC (GENERAL COMMERCIAL DISTRICT), 29-12(N)(4) SC (SPECIALIZED COMMERCIAL DISTRICT), 29-13(0) (3) CBD (CENTRAL BUSINESS DISTRICT), 29-13. i(M) (4) LC (LIMITED COMMERCIAL DISTRICT) RELATING TO THE SITE AND DEVELOPMENT PLAN APPROVAL REQUIREMENTS FOR CERTAIN COMMERCIAL DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved that Council adopt Ordinance No. 60-78 on First Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on August 15th, recommended by a vote of 5 to 1 (Stebbins dissenting) that the Ellingsworth rezoning request of a parcel of land from RM-10 (Multiple Family Dwelling) District to SC (Specialized Commercial) District located in Section 16-46-43 at the southwest corner of the intersection of S.E. 2nd Street and S.E. 1st Avenue be approved since the character of the immediate area to the north and east is commercial, and the recent adoption of the revised District Boundary Line Ordinance would provide protection to the existing resi- dential uses in the area. Mrs. Stebbins stated that she had serious reservations about the invasion of Specialized Commercial into the Multiple Family near the downtown area. This was discussed at the August 21st workshop meeting. Council may authorize preparation of the re- zoning ordinance and notification of the affected property owners. First Reading of the ordinance will be scheduled for the September llth meeting. Mr. Scheifley moved to accept the recommendation of the Planning & Zoning Board, seconded by Mrs. Durante. Mr. Scheifley added to the motion to instruct the City Attorney to prepare the ordinance and the property owners to be notified, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vo~e 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on August 22nd, recommended by unanimous vote that the final plat approval request for Sabal Pines South (Phase I), located in Section 30-46-43, north of the C-15 Canal, between Congress Avenue and the E-4 Canal, be approved, subject to the following: (1) Comments of the City Engineer as stated in his July 27th memorandum. (2) Comments of the Director of Public Utilities as stated in his June 14th memorandum. (3) Availability of water. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board and subject to the three comments in the preface to the agenda, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. - 13 - 8/28/78 9.c. The City Manager reported that an application has been received r~ David Andrews to annex a two-acre parcel of land, subject to R-lA (Single Family Dwelling) District. The property is presently vacant, and the proposed use is for a church. The subject property is in Sec- tion 8-46-43 and is located at the southeast corner of the intersection of Lake Ida Road and Depot Avenue. The Planning & Zoning Board at a meeting held on August 15th, recommended by unanimous vote that the property be annexed subject to the R-lA zoning. Since this request for R-lA zoning is in conformance with the existing City and County zoning for this area, approval of the annexation is recommended. This prop- erty is presently zoned in the County as RS (Residential Single Family). It is recommended that the City Attorney be directed to prepare the ordinance effecting the annexation. Mr. Scheifley moved that the City Attorney be instructed to draft an ordinance annexing the property as R-lA at the southeast corner - of the intersection of Lake Ida Road and Depot Avenue, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on August 15th, recommended by unanimous vote that the final plat approval request for Pine Trail East Subdivision, located in Section 12-46-42 at the southwest corner of the intersection of Lake Ida Road and Barwick Road be approved, subject to the following: (1) Comments of the Director of Public Utilities as stated in his August 2nd memorandum (2) Comments of the Lake Worth Drainage District as stated in their August 1st letter. (3) That the additional entrance onto Lake Ida Road and Barwick Road as requested by the City Engineer not be provided. (4) Availability of water. Mayor Weekes stated that because of the possibility of a con- flict of interest, he will step down from any discussion on this matter. He asked Mr. Chapin to take the chair. Mayor Weekes left the Chambers at this time. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board subject to the four comments listed in the preface to the agenda, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Vice-Mayor Chapin - Yes. Said motion passed with a 3 to 0 vote. Mayor Weekes returned to the Chambers at this time. 9.e. The City Manager reported that the Planning & Zoning Board at - a meeting held on August 15th, recommended by a vote of 5 to 0 (Wallin abstaining) that the Mackle rezoning request of a parcel of land from RM-15 (Multiple Family Dwelling) District to R-1AA-B (Single Family Dwelling) District located in Section 28-46-43 on the east side of Boone Drive between Evergreen Drive and Fern Drive be approved. Council may refer this matter to workshop or authorize the City Attorney to draft an ordinance effecting the rezoning. Mr. Chapin stated that he is counsel for the Tropic Bay Apart- ment Condominium Association and to avoid any semblance of a conflict of interest, he will step down from any discussion on this matter. Mr. Chapin left the Chambers at this time. Mr. Scheifley moved that Council accept the recommendation of the Planning & Zoning Board and instruct the City Attorney to prepare an ordinance rezoning the east side of Boone Drive between Evergreen Drive and Fern Drive to R-1AA-B, seconded by Mrs. Durante. Upon roll - 14 - 8/28/78 call Council voted as follows: Mrs. Durante - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed by a 3 to 0 vote. Mr. Chapin returned to the Chambers at this time. 10. The City Manager recommended that Council authorize payment of ~ City's bills. Mr. Chapin moved that Council ratify payment of the City's bills, seconded by Mrs. Durante. Said motion passed unanimously. General Fund ............... $447 392 84 Cigarette Tax Fund ............ 63 902 50 Utilities Tax Fund ............ 86 000 00 Special Projects Fund .......... 42 435 00 Beach Restoration ............ 128 410 24 Federal Public Works Fund ........ 1 937 22 Water and Sewer Fund ........... 114 292 22 11. Mrs. Durante asked to make one comment which is in line with the ~-:-:~0 workshop meeting that Council had today to try and get something going that will work on a multitude of problems and the housing situation in the community. She reemphasized the fact that in her community, there are a lot of people who are very involved and very interested in seeing this thing get off the ground. She pointed out the presence of some people in the audience who are trying to organize their neighborhood into a neighborhood association. Jounice Hill, 309 S.W. 15th Terrace, stated that an article in the August 24th edition of the Delray Beach News Journal was brought to her attention regarding the Catherine Strong Community Center being turned over to the Community Action Council; this came as a surprise to members of her community. They were wondering on what grounds did the Council base its contention that the Community Center's use for recrea- tion was dwindling and whether or not they will still have use of this building when the Community Action Council takes over. Mrs. Durante stated that a use survey was taken by the Community Action people. The building will be used in the daytime for all of the social services. At night the building will be used by organizations or for recreational purposes. The City Manager stated that he would like to invite Mrs. Hill to call him and make arrangements to sit down with him and let him show her and have her read just what is planned and the reasons for it. He further stated that by making this change, the building will be used for many community services that do not now exist in this area and, overall, it seems like it will be much more beneficial to the community as a whole. Also, many of the recreational activities will gravitate to the PompeY Park Building, which will soon be open, because of it being a much better facility. The County will have entire control of the use and the scheduling of the Catherine Strong Building and the City will have the entire control of scheduling outside the premises. Mr. Chapin moved, at 8:50 P.M., for the adjournment of the meeting, seconded by Mrs. Durante. The motion passed unanimously. ~%~z~- City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of August 28, 1978 which mi~nutes were formally approved and adopted by the City Council on ~_~~~////~ - 15 - 8/28/78 ~_~!.~ ~-_ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 8/28/78