Loading...
10-23-78 OCTOBER 23r 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, October 23, 1R78, with Mayor Leon M. Weekes presiding, and City Manager J. Eldon Mar±ott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV., and James H. Scheifley, present. 1. The opening prayer was delivered by Rev. Paul Wierman, First Presbyterian Church of Delray Beach. 2. The Pledge of Allegiance to the flag of the United States of America was given.~ 3. Mr. Sanson moved for the approval of the minutes of the regular meeting of October 9, 1978, and the special meeting of October 2, 1978, seconded by Mr. Scheifley. Said motion, passed unanimously. 4.a.1. Mrs. Durante reported that, as the City's representative on the Community Development Advisory Committee, she attended the meeting last Thursday night and they were advised that there will be target area meetings with various City Councils to explain what has been happening over the past three years and to discuss the proposed projects for the next funding year. Mrs. Durante presented a status report prepared by the Project Director, Mr. John Greene, and outlined the categories defined in the report. Mrs. Durante noted the condemnation is not proceeding as fast as they would like for it to. ~Delray Beach has just 14 homes available for displaced people from condemned structures. All that the cities are required to do is provide the building inspectors to inspect all the properties. Now that the City has more building inspectors, it is hoped they will be able to move faster on this project. 4.b.1. Mr. Sanson stated that his term of office is coming to an end and there are a few items he would like Council to take under consideration, possibly at Workshop or some conven±ent time in the future. The items are as follows: el) Proposed Seacrest Boulevard improvement. Two years ago he initially brought up this subject when Boynton Beach City Council was discussing it. Mr. Sanson referred to a memo dated June 30, 1978, from the City Manager, which stated that the improve- ments are now going to start from approximately Bethesda Hospital and N.E. 8th Street. He still maintains the magnitude of these improvements are going to be greater than what was originally thought; there is going to be some taking of right-of- way to widen the road. Mr. Sanson referred to a memo from Mr. Robert Errigo, Assistant to the City Engineer, dated June 30, 1978, and as he understands from this memo and the M.P.O. meetings, they will be commencing this project and going out to bids in the near future. Mayor Weekes noted that in the discussion with Mr. Kahlert, they were led to believe there would be some improvements in Delray Beach, but there was no four laning along Seacrest Boulevard; this should be followed up. Mayor Weekes asked the City Manager to check into this to determine what they intend to do in the corporate limits of Delray Beach. C2) Transportation Planning in this Area. Mr. Sanson referred to the literature he gave Council relating to the transportation planning in this area, more particularly the agreements and documents that are relating to the M.P. Organization. There %re two things that need direction from Council: [1) feasibility of forming an Ad Hoc Study Committee to study the transportation needs of Delray Beach, whether or not there might be some courses to pursue in the near future to try to assure the four laning of A-1-A will not happen. ~3) Consider ImRlem~nting...an Impact Fee. He had previously suggested implementing an impact fee in the City of Delray Beach, which was supported by the Planning & Zoning Board, and wondered whether he could get together with some citizens to come up with some suggested language or format for Council to consider, and wanted to know if Council would consider tying it into the issuance of building permits, so that we could catch up w~.th some of the building we have approved this last year. Mr. Sanson asked if these items could be on the next Work- shop meeting. Mr. Weekes stated for the record he will be out of town next Monday night, since it-is the 5th Monday, and a Workshop meeting has not been scheduled. Mr. Sanson stated that would give him more time to prepare. Mr. Chapin commented that if there is a major issue facing Delray Beach in 1979, it is traffic congestion. Studies show that no roads or improvements are slated for Delray Beach until 1983, and that Congress Avenue, Lake Ida Road, and Military Tra±l are operating at 80 to 90% capacity, and he thinks Council should exercise some leadership in this area Mayor Weekes requested that Mr. Sanson have available for Council when this is discussed, the five year road program for the County. ~4) Fea~.ibility of Using Wastewater Affluent for Irrigation Purpose~. In July of this year he had brought up a preliminary question to Council as to whether or not they might want to consider the feasibility of using the waste-- water affluent from the new sewage treatment plant for irrigation purposes, most specifically on the golf courses. The reason for bringing this up was that in May of this year, Boca Raton authorized an engineering firm to conduct a study to use not only for the golf course, but general irrigation purposes. Mr. Sanson read from a newspaper article concerning Boca Raton's report. Boca Raton has an affluent system the same as we have. The results of that study have come in, and the report stated that the re-use of affluent for irrigation appears both feasible and desirable for the sites under consideration in Boca Raton. The area under consideration included golf courses and highway median strips. He also cited a report from Professors at F.A.U. that there is a problem developing in providing water, and they felt that large water users such as golf courses in this area are finding it difficult to continue use of private wells for irrigation, and this demand on the potable water system could be averted if treated waste- water affluent could be used for irrigation. This was a preliminary report and there are still many q~estions to be answered on the effect bacteria and virus potentials that accompany the waste water, whether there might be any danger to the public health. Boca Raton has an outfall system and he felt that this theory could be used'here in Delray, since our golf course will be located so close to the sewage treatment plant. He suggested that this might be researched. Mayor Weekes concurred in getting some figure from Russell & Axon. Council concurred that the research should be done. Mr. Sanson stated the report of Ross, Sarason, Bolton & Wilder cost $16,000. Mayor Weekes requested the City Manager to handle the matter. Mr. Scheifley commended Mr. Sanson for bringing up these five points. 4.c. Mr. Chapin stated that he would like to publicly thank the Mayor for his effective leadership in regard to the removal of a large sign owned by one of the financial institutions in one of the county pockets in this city on Southbound Federal Highway. Mayor Weekes stated that a large measure of the credit should go to the citizens who pursued the issue, and also to the officers, particularly the President and Chairman of Southern Federal Savings & Loan, Mr. Grimditch, and his staff. They are the owners of the property and had to resort to legal means to get that sign down. He stated that he intended to write to Mr. Grimditch tomorrow and thank him for his cooperation. Mr. Sanson stated that Mr. Thistle, who works for Mr. Grimditch, handled the case and he should be thanked also. 4.d.1 Mayor Weekes stated that at the last meeting an appeal was made for the City to purchase a parcel of land at the corner of Lowson Boulevard and Congress Avenue, by Mr. Kenneth D. McKenzie, on behalf of his father-in-law. He was asked to read the following letter into the record under date of October 17, 1978: "Honorable Mayor Weekes and City Commissioners, I would like to apologize and ask forgiveness for my angry and aggressive actions before you at the October 16th meeting of the City Commission. My conduct was demeaning to myself and more importantly, to the honor of the Chambers. I wish I could retract the disrespectful manner in which I ushered myself out of your presence. I would appreciate it if you would read this letter into the public record. Respectfully, kS) KEN~!ETH D. McKENZIE" 4.d.2 Mayor Weekes stated tkat tkey kad just returned from the Florida League of Cities Convention in Hollywood, and Vice Mayor Chapin won the runner-up trophy in the tennis tournament for the City of Delray Beach. Also, they were advised that Delray Beach won the traveling trophy, but when the presentation was made it was given to someone else. Mr. Chapin says he intends to find out why. 4.d.3 Mayor Weekes stated that he had received a communication from the Mayor of the Borough of South Tyneside in England, and stated that in England the Mayor is addressed as "His Worship". Mayor Bell of South Tyneside sent felicitations from the City, and a pennant from his city which has 250,000 citizens. Mayor Weekes stated that he would like to respond to the Mayor and send one of the paper weights from the City of Delray Beach. - 5. There were no public requests from the floor. 6.a.1 City Manager Mariott recommended that Council authorize the execution of an agreement by motion, so that the City can collect $21,600 , which is payment to the City of a developer's fee for the development of Pines of Delray North, Phase 1. Mr. Sanson moved that Council authorize the execution of this agreement, seconded by Mrs. Durante. Said motion passed unanimously. 6.a,2 The City Manager reported that the following solicitations were recommended by the City Solicitations Committee: Daughters of Zion, Seventh Day Adventist Church of Delray Beach, for solicitations, between November 20 - December 2, 1978. Delray Beach Public Library Association, Inc. for March 4 through March 17, 1979. Amara Shrine Temple of Lake Worth, November 15 through November 19, 1978. Mr. Scheifley moved that the recommendations of the City Solicitations Committee for the three solicitation requests be approved, seconded by Mrs. Durante. Said motion passed unanimously. 6ob. The City .Manager recommended that Council authorize Russell & Axon to prepare plans, specifications and permit applications to convert two additional filters to granular activated carbon in order to increase the filter rates until the water plant expansion is completed. The initial filter tests will be.completed by October 27th and Russell & Axon will immediately prepare a report to the Palm Beach County Health Department and the Department of Environmental Regulation showing the results of the tests; while concurrently preparing an application for a temporary operating permit for the increased filtration rate for that filter. - Mr. Sanson questioned whether there were 2 or 3 filters, and Mr. Chapin explained that in the event the first proved to be su6cess- ful, which it has, that the City would convert two additional to increase the capacity from 12.1 million gallons per day to 15.1 million gallons per day. .. Mayor Weekes added that at first it was two, but as the City got into it, it has been three. Mr. Sanson commented on the activated charcoal filters and stated from all the discussions he has heard there is a real possibility the City will be forced to have activated.charcoal filters. He was not in favor of this method because it is an extremely expensive process. Mr. Chapin moved to approve the authorization of Russell & Axon to prepare plans and specifications and permit applications for water plant filtration conversions for up to a total Qf 3 of our 6 filters to charcoal filter carbon uses, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, Mayor Weekes commented that he agreed with Mr. Sanson, having seen the way the Federal Government performs in these matters. It was witnessed in the Solid Waste Facility, etc., and he thinks by the time our plant is complete, it is entirely possible they might mandate something different. At the present time, activated carbon is considered the best water treatment available, and we have no real choice but to go ahead in the direction we are going. Mr. Scheifley stated that State regulations and EPA regula- tions conflict, but ~rObably in the 2-year period when we have our~ water plant, these things will be resolved. The roll call was had at this time. 6.c. City Manager Mariott reported that as was decided informally at the workshop meeting on October 16th, Council is to authorize purchase of a $50 savings bond as an award to the winner of the City flag contest. The Morikami Park Committee will handle publicity and select three finalists. Council will choose the winner. December 15th is'the entry deadline. Mayor Weekes explained that the sister cities had requested that we develop a flag for the City of Delray Beach, and the City Council's thought was that we would ask the Morikami Park Committee to spearhead a competition to select a flag, with the final 3 or 5 choices being presented to the Council for the final consideration, and the Council would award a $50 savings bond to the person making the ultimate design which was adopted. Mr. Dean Kutchera, 3100 South Ocean Boulevard, Highland Beach, Tel. 276-6442, Chairman of Sister City Flag Contest, appeared before the Council and thanked the Council for act±ng on their suggestion to authorize the official city flag. He stated that they had appointed a committee and asked for guidance as to how the Council wants them to proceed, i.e.,entry blanks, publicity, judging the entries. Mr. Kutchera asked Council to appoint someone from the City as a liaison. Mr. Scheifley stated that it was his thought that when the Committee was appointed, all those problems would be handled by the Committee, such as publicizing in the schools, newspapers, television, art groups. Mrs. Durante concurred in this opinion, it being her opinion that the Committee would bring the best 3 or 5, and the Council would review them. Mr. Kutchera asked that they appoint someone that the Committee could talk with, and to set guidelines. Mayor Weekes agreed as to policy decisions that would have to be made, and thought that it should be limited to someone from the City or possibly from the County. City Manager Mariott thought that the city's main interest would be in getting the flag that would be the best city flag, regard- less of where it comes from. Mayor Weekes appointed Mr. Scheifley to act as Liaison with the Committee. Mr. Chapin moved that the Council authorize the purchase of a $50 savings bond, seconded by Mrs. Durante. Said motion passed unanimously. 6.d. City Manager Mariott reported that as discussed at the October 16th workshop meeting, it is recommended that Council author- ize the request for $300 from the Delray Beach Police, Fire and Rescue CB monitors to purchase stamps, envelopes, individual posters, antenna and other miscellaneous expenses which funds are to come from the Civic Betterment Account, which is to be funded by transfer from the General Fund to that account. - 5 - 10/23/78 Mr. Sanson moved that Council authorize a request for $300 from the Delray Beach Police, Fire and Rescue CB Monitors to purchase stamps, envelopes, individual posters, antenna and other miscellaneous expenses, which funds are to come from the Civic Betterment Account, seconded by Mrs. Durante. Said motion passed unanimously. 6.e. City Manager Mariott, recommended the Council ratify the SCRWTD Board Budget for 1978-79, which was approved by the South Central Regional Wastewater Treatment and Disposal Board at its Quarter Annual meeting on October 12th. Mr. Scheifley moved that the Council ratify the budget for the SCRWTD Board for 1978-79, seconded by Mr. Chap±n. Said motion passed unanimously. At Mr. Sanson's request, Council gave their permission for Mr. Sanson to establish a study group to make recommendations to the SCRWTD Board for fringe benefits, travel expense and car allowance for Mr. Carlson, and report to the Council. 6.f. City Manager Mariott presented SCRWTD Board Resolution No. 4-78 relative to industrial and commercial waste, adopted by the SCRWTD Board at its meeting on July 13th, for ratification. City Attorney Saberson stated that at the last meeting it was discussed as to whether there were any funds withheld which were due the Sewer Board, and he has discussed this with EPA, and there is not currently a request for payment pending with the EPA, which is being withheld; the last request for payment was dated September 15th, which was approved. He talked with the Secretary at the office, who informed him that a request for payment was being prepared, and will be submitted. So, at this time the city needs to ratify this resolution and the next one on the agenda. The City Manager questioned whether it was sufficient to pass ordinances dealing with sewer rates and industrial and commercial waste regulations. City Attorney Saberson stated that the city will have to adopt ordinances on both subjects as well as sewer rate ordinance. He spoke with EPA today and he was read a letter that was a follow-up to letter previously received indicating that the payment of the city's grant of $188,000 was being withheld. Attorney Saberson stated that since he was told in phone conversation that these two inclusions in the-study that Russell & Axon did for the City, which was submitted to EPA, were all right, EPA was asked to include that in their letter; the City will be receiving that possibly within the next week. Mrs. Durante moved that Council ratify and approve the action taken by the SCRWTD Board in adopting this resolution, seconded by Mr. Scheifley. Said motion passed unanimously. 6.g. City Manager Mariott presented SCRWTD Board Resolution No. 7-78 relative to sewer rates, and asked that the Council ratify and approve the same. Mrs. Durante moved that Council ratify and approve SCRWTD Board Resolution No. 7-78 relative to sewer rates, seconded by Mr. Scheifley. Said motion passed unanimously. 6.h. City Manager Mariott recommended that Council authorize the execution of Letters of Agreement between the City and Palm Beach County CETA extending Special Project 132, Meter Installation, 8 employees; Special Project 133, Sub-standard Housing Improvement, 4 employees; Special Project 134, Trash Container Restoration, 15 employees; Special Project 135, East Side Parks & Recreational Area Development, 7 employees; and Title II Maintenance Positions, 14 employees (60 employees total) from October 1, 1978 to December 31,. 1978. - 6 - 10/23/78 Mrs. Durante moved that Council approve the Letters of Agreement between the City and Palm Beach County CETA Program, seconded by Mr. Sanson. Said motion passed unanimously. 7.a. The City Manager reported that a communication has been received from the Area Planning Board dated October 5th requesting A-95 Clearinghouse review and comment relative to the Palm Beach County Board of Commissioners Application to participate in the Urban Homesteading Program. The purpose of the program is to aid in the revitalization of declining neighborhoods by decreasing vacancy, vandalism and abandonment, and to encourage home ownership, and attract private investment. The areas targeted as homestead areas are in the Neighborhood Strategy Areas of Delray Beach, Boynton Beach and Riviera Beach. ~ Mr. Schelfley stated that it is his understanding that this is a county program, and we are being asked to put through the Clearing House and get our approval so that they will be the sponsors of the program. City Manager Mariott stated that was correct, as is with all the county programs. Mrs. Durante stated that this is a Community Development Program, and we have given all our responsibility to the community development, which is under the County Commissioners. Mr. Sanson stated on the A-95 projects, we, as an agency affected by that project have the right to comment on our reactions to it, and those comments are transferred first to the Area Planning Board and the Regional Planning Council and they in turn will send on those comments, accompanying their recommendations, to the proper State or Federal agencies. A-95's are an opportunity to have local in-put into these things, and it is thought maybe these should be looked at closely, an~ comment in a more specific manner. Mayor Weekes referred to a statement by Senator Stone made at luncheon the previous week, that he believed many of the Federal programs need to be abolished, but that as long as the programs are there, the citizens of the State of Florida should take advantage of them. Mr. Chapin stated that he concurred with Mayor Weekes'comment that until the rules of the game are changed, he feels an obligation tO the citizens of this community to be a part of re-vitalizing the older declining neighborhoods in this community. Mr. Chapin moved that the City Manager be authorized to communicate to the Area Planning Board this city's approval, for A-95 Clearing House review purposes, the County's application to participate in the urban homesteading program, the intent to be to revitalize the older declining neighborhoods within~our city, Boynton Beach, and Riviera Beach in this county, seconded by Mr. Sanson. Said motion passed unanimously. Mrs. Durante stated that she believed this has been the best thing to have come down the pike from the CD program, and here is a chance for Delray to participate and to get something done. Mr. Sanson stated that there had been quite a bit of discussion at the Florida League of Cities Convention on Revision #7, which is the Constitutional revision on the November ballot. If, in fact, you believe in this concept, you should support Revision #7. 7.b. City Manager Mariot~ reported a communication has been received from the Area Planning Board dated October 6th requesting A-95 Clearinghouse review and comment relative to the Palm Beach County Board of County Commissioners/Palm Beach County Health Department Application to participate in the Delray Beach Migrant Health Project. This is an existing project to deliver ambulatory care to migrant and seasonal agricultural workers in Palm Beach County which will have no adverse effects on the local natural, social or economic environment and tkere is no duplication between efforts of the proposed project and those of any related local projects or programs. Mr. Sanson moved that the City administration be instructed to recommend approval, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Durante stated that at the Workshop Meeting Mr. Sanson brought to their attention the A-95 reviews, and there have been some that the Council has not seen,~ and she wondered if there were some way the back-up information could be obtained, so that they can read and get more information on what they are approving. The City Manager stated that apparently the Council had not received the information on 7.a. and 7.b. He asked if any other information would be required, other than the normal communication. Mrs. Durante stated that she has seen the letter, but had not seen an application in tke past. The City Manager said that he will see that they receive the papers. Mr. Chapin stated that he has a difficult philosophical problem with this. Based on his experience in the past, he considers it a rip-off, and will vote No. Mayor Weekes stated that he does not have enough information to state whether or not it does what it is purported to do,and questioned the City Manager if there would be any disservice if the matter were tabled until the next Council meeting. The City Manager sta~ed that the deadline is November 6th, and since it is known the purpose for which the A-95 approval is sought, merely to provide ambulance care for the groups named, that would be what it is for. Mr. Scheifley questioned as to why this matter is sent to the Council, as it is mainly concerned with the county. Mr. Sanson stated that it is because local funds are being used, not city, but county, matching funds. Roll call on the motion was had at this time. Mr. Sanson apologized and stated that he had meant to bring this up under "Council items" but forgot. But as a related item, since we do not have another meeting before the meeting of the Regional Planning Council, at the last Council meeting he brought up an item trying to get some information with regard to A-95'appl~cation that has been submitted to form a regional screening committee to review law enforcement applications. He would like to have this on the next Council Workshop agenda, possibly that we could have a Special Council Meeting before the Workshop and have a formal vote on it. Since that meeting, the City of Boynton Beach has sent in response unanimously opposed, and the City of Lake Worth has responded in favor. Half of the cities in Palm Beach County are against this program, and half are in favor of it. It is his understanding that the Chief of Police answered on behalf of the city, yet, the letter from the Area Planning Board specifically requested the response to come from the governing body or the Chief Administrative Officer. Therefore, he is requesting a response that he could convey to the Regional Planning Council on November 9th. City Manager Mariott stated that he has had some discussion with the Police Chief and has been provided some data, and it appears that a Committee of the Police Chiefs Organization of Palm Beach County was formed to give study to the question of background investigation and pre-screening of Police applicants to the Municipal Police Depart- ments of Palm Beach County and that our Police Chief served on that - 8 10/23/78 committee, and that the action that he took does not have to do with the firing -- with the employment of the Police Officers in the various Police Departments -- with some background checks that the Police Departments may make use of as they see fit. It would be a supplement to what is done locally, not a substitute, and that each city would continue to fully screen and hire its own Police personnel. Mayor Weekes requested that it be placed on the Agenda for the next Work- shop which will be November 6. 8.a. The City Manager reported that Resolution ~o. 85-78 request- ing the Palm Beach County School Board and the Palm Beach Sheriff's Office to provide proper police protection at Atlantic High School home football games is before Council for consideration. Mr. Chapin stated that it was his suggestion in response to a communication received from the Principal of the Atlantic High SchooltEarl Hawk. The City Manager presented Resolution No. 85-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH REQUESTING THE PALM BEACH COUNTY SCHOOL BOARD AND THE PALM BEACH COUNTY SHERIFF'S OFFICE TO PROVIDE PROPER POLICE PROTECTION AT ATLANTIC HIGH SCHOOL HOME FOOTBALL GA~.~ES. (Copy of Resolution No. 85-78 is on file in the official Resolution Book). Mr. Chapin moved for the passage of Resolution No. 85-78, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Ye~; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.b. The City Manager reported'that Resolution No. 86-78 request- ing the State Legislature to change the South Florida Water Management District to an elective body is before Council for consideration. The City Manager presented Resolution No. 86-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE LEGISLATURE? TO CHANGE THE SOUTH FLORIDA WATER _NLANAGEMENT DISTRICT TO AN ELECTIVE BODY. ~Copy of Resolution No. 86-78 is on file in the official Resolution Book). Mr. Sanson moved for the passage of Resolution No. 86-78, seconded by Mr. Chap±n. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Weekes stated that for those in the audience who did not know him, Mr. Jim Watt had just walked in. Mr. Watt is a candidate for the State Legislature, and didn't know whether it was an accident or on purpose that he walked in'at this particular moment. At this point the roll was called to the motion. 8.c. The City Manager reported that Resolution No. 87-78 requiring plans, specifications and estimated cost to construct a sidewalk and curb on the east side of State Road A1A at Casuarina Road was written up in his absence, assuming that the project would be done by Special Assessment. It will not be necessary to do it by special assessment apparently, as he was told that the owners are perfectly willing to advance to the City 80% of the cost of the project. Council at its August 28th meeting approved the project in concept, and this has to do with the construction of sidewalk and curb for about a 200 ft. distance, south of Casuarina -- beginning at Casuarina and extending about 200 ft. south on the east side of the street. This has been discussed on two prior occasions. Bids have been taken, and the low bid in the amount of $2,960 was submitted by the Campbell Construction Co. The second bid in the amount of $4,500 was submitted by Hardrives of Delray. The City Manager recommended that Council authorize the award to the low bidder, Campbell Constructrion Co. in the amount of $2,960 , with 80% of the construction cost to be advanced to the City by the abutting property owners, and the City to pay the remaining 20% from the City Special Assessment Construction Fund, it being understood Ghat the construction contract with the Campbell Construction Co. will not be signed until the City has received the advancement of the 80%, as verbally agreed to by the abutting property owners. Mr. Scheifley questioned as to how this will affect the present resolution. The City Manager stated that the present resolution No. 87-78 will be disregarded. City Attorney Saberson stated that the substance of the motion is as the City Manager has stated, with the exception of whether or not Council wishes to waive the performance and payment bond, which for a $3,000 job does not seem advisable to require. This is permitted if the project is under $25,000. Mr. Scheifley moved that the contract for the paving of th~ area in question of the sidewalk and curb at Casuarina be awarded to Campbell Construction Co. in the amount of $2,960 , with 80% to be advanced by the abutting property owners, and the City to pay the remaining 20% from the Special Assessment Fund. Also, that we waive the requirement for performance bond because of the small amount of the contract, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin (with a dis- closure that a client of his law firm is paying 80% of the funds) - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Resolution No. 88-78, amending Resolution No. 71-78, which requested Palm Beach County to amend its proposed Land Use Plan to reflect the City of Delray Beach's Land Use Plan designation, is before Council for considera- tion. The City Manager stated that there was just one thing that he wished to point out in regard to Parcel No. 63-B, which is located at the Northwest corner of Military Trail and the L-33 Canal. That parcel of land was left out in the initial approval made by Council some time ago, and it now has been added to the descriptions to be sent to the County, should Council adopt this resolution. The City Manager presented Resolution No. 88-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-78, BY ADDING ONE ADDITIONAL PARCEL TO THOSE WHICH THE CITY OF DELRAY BEACH IS REQUESTING PALM BEACH COUNTY TO AMEND ITS LAND USE PLAN TO REFLECT THE DESIGNATION ON THE CITY OF DELRAY BEACH'S PLAN. Mayor Weekes questioned how they should respond, since it is no longer their intention to exercise planning control of the area 0/23/78 - 10 - west of the Military Trail. He stated he is prepared to relinquish any attempt to exercise control of property lying west of Military Trail. If Council is going to move on the reserve area and proposed area of annexation from the corporate limits of this City to the Military Trail, then it is not necessary to argue with the County Commission as to what is done with the Land Use Plan there. Mrs. Durante stated that an amendment to the Resolution will be needed so that all west of the Military can be dropped. Mayor Weekes concurred. Mr. Scheifley moved that Resolution 88-78 be tabled until the next meeting so that it can be revised to reflect the policy decision made at the last Council meeting in respect to our Reserve Area. Before roll call City Attorney Saberson stated that when the Council discussed the idea of limiting the Reserve Area to Military Trail, there was no discussion of the case that Boca Raton currently has pending before the Fourth District Court. It was his thought that this matter could be discussed at Workshop, and whether Council still wants to proceed with the policy to limit the Reserve Area or perhaps whether they would wait until a decision came down. If the decision is favorable, it will mean that control is not only exercised over unincorporated pockets, but also land use, zoning, building regulatory control, and building permit control. The Council would have not only the authority to adopt the plan, but to implement it. If the limitation of the annexation to Military Trail is based on the idea of not having half a development , you don't care whether Council has regulatory control or not. If such is the case, then the Resolution can be amended to cut out every parcel west of Military Trail. Mayor Weekes stated that the last part of the City Attorney's presentation was exactly the intent that he had in mind. The Council's thought is that it does not want control of the area west of Military Trail. Mr. Sanson stated that the Council is still concerned. Mayor Weekes stated he is referring to a policy matter of this Council. Mr. Sanson stated it should be stressed that Council feels there is enough multiple family in that area. Mr. Scheifley repeated his motion. Mr. Scheifley moved that Resolution No. 88-78 be tabled until the next meeting until it is revised to incorporate the policy adopted at the last Council meeting with respect to the reserve area, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Chapin stated that before we leave this subject, that in August the Resolution was passed seeking cooperation with the County to resolve the differences of the 16 or 17 parcels east of Military Trail and we should seek to have this matter resolved. Mr. Chapin stated that once the parcels west of Military Trail are deleted, the Mayor should be authorized to make a presentation to the Palm Beach County Commission requesting that this matter be resolved with all due and deliberate speed. City Attorney Saberson advised that Dan Kotulla and the Planning Department are checking the current status of the matter, and will advise. Mayor Weekes advised that he will appear before the County Commission and make said presenta- tion at the proper time, and requested City Manager ~ariott to advise him of Mr. Kotulla's actions. Mr. Frank Carey, Chairman of the Planning & Zoning Board advised there are a number of discrepancies in the zoning in the pockets. Mr. Sanson stated that a better way to refer to this is a percentage of land area within the city that is in county pockets. Mr. Sanson left the Council Chambers at 8:38 P.M. 8.e. The City Manager reported that Resolution No. 89-78 requesting that the President of the United States use his authority to meet the challenge of highly concentrated illegal drug importation activities rampant in the South Florida area and to send forces necessary to cope with this problem is before Council for consideration. The City Manager presented Resolution No. 89-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE PRESIDENT OF THE UNITED STATES OF ~4ERICA USE HIS AUTHORITY TO MEET THE CHALLENGE OF HIGHLY CONCENTRATED ILLEGAL DRUG IMPORTATION ACTIVITIES RAMPANT IN THE SOUTH FLORIDA AREA AND TO SEND FORCES NF~CESSARY TO COPE WITH THIS PROBLEM. (Copy of Resolution No. 89-78 is on file in the official Resolution Book). Mr. Scheifley moved for approval of Resolution No. 89-78, 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.f. The City Manager reported that Resolution No. 90-78 authorizing the purchase of goals, scoreboard and bleacher equip- ment for Pompey Park Recreation Center is before Council for consideration. The City Manager presented Resolution No. 90-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE AND INSTALLATION OF GOALS, SCOREBOARD AND BLEACHER EQUIPMENT FOR POMPEY PARK RECREATION CENTER. (Copy of Resolution N°. 90-78 is on file in the official Resolution Book). City Manager Mariott stated that three bids have been received as follows: Bidder Quotation Diversified Designs Enterprises Boca Raton $35,1~4.00 U. S. Games Melbourne 37,420.50 Wimer Stubbs (bleachers only) Deland 16,253.00 The equipment in the first two quotations meets the specifications of the City and the third quotation does not meet the City's specifications. It is recommended that the award be made to Diversified Designs Enterprises in the amount of $35,194 by passage of Resolution No. 90-78. Funding for this project will be received from Palm Beach County 1978-79 Community Development Funds. The City Manager advised that the County Development Program committed itself to advancing the City $90,000. for purchase of certain equipment and miscellaneous materials for the Pompey Park Center. This is a part of that. Mr. Chapin moved for the adoption of Resolution No. 90-78, 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. - 12 - 10/23/78 8.g.. The City Manager reported that Resolut±on No. 91-78 authorizing the purchase of lockers for Pompey Park Recreation Center is before Council for consideration. The City Manager presented Resolution No. 91-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE AND INSTALLATION OF LOCKERS FOR POMPEY PARK RECREATION CENTER. (.Copy of Resolution No. 91-78 is on file in the Official Resolution Book). City Manager Mariott reported that requests were submitted to four prospective bidders for purchase of lockers for Pompey Park Recreation Center. Only one bid was returned, as follows: Bidder Quotation Coastal Equipment Company Fort Lauderdale $5,847.00 It is recommended that the award be made to Coastal Equipment Company in the amount of $5,847.00 by passage of Resolution No. 91-78. Funding for this project will be received from Palm Beach County 1978-79 Community Development Funds. Mr. Scheifley moved for the passage of Resolution No. 91-78, 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 Ordinance ~o. 73-78 amending Chapter 29 "Zoning" of the Code of Ordinances relative to frontages on curving streets and cul-de-sacs is before the Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the October 9th 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. 73-78; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ALL RESIDENTIAL ZONING DISTRICTS TO ADD A SUB- SECTION WHICH WOULD ALLOW THE FRONTAGES FOR LOTS LOCATED ON CURVING STREETS AND CUL-DE-SACS TO BE REDUCED BY 40% WHEN THE CENTER LINE RADIUS OF THE ADJACENT STREET IS 100 FEET OR LESS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 73-78 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. 73-78 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. Mr. Sanson returned to the Council Chambers, the time being 8:45 P.M. 8.i. The City Manager reported that Ordinance No. 75-78 amending Chapter 29 "Zoning" of the Code of Ordinances requiring a unity of title with s~te and development plan applications is before Council for consideration on First Reading. The City Manager presented Ordinance No. 75-78: AN ORDIN~qCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES BY REPEALING SECTION 29-22~G) (15) PERTAINING TO REQUIRING A UNITY OF TITLE WITH SITE~AND DEVELOPMENT PLAN APPLICATIONS; RENUMBERING PRESENT SECTION 29-22(G) (.16); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the Ordinance. Mayor Weekes questioned what this ordinance would accomplish. The City Attorney explained that it deletes the unity of title require- ment for site and development plan approvals. Mrs. Durante moved for the adoption of Ordinance No. 75-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Chapin questioned why'this requirement was being deleted. City Attorney Saberson explained that unity of title cannot be uniformly required on all projects. Many projects have conveyances of individual units. Even on a condominium project, if a unity of title is recorded and say that the entire parcel described shall be considered one parcel, it raises a question whether or not a condominium could be transferred. The only time that you need a unity of title to get a building permit is if the piece of property being built on does not meet the applicable zoning code requirements for setbacks, etc. In which case, you must tie the piece of property together of sufficient size to meet the setback requirement. 8.j. The City Manager reported that Ordinance No. 76-78 amending Chapter 1 "General Provisions" of the Code of Ordinances pertaining to assessment of court cost for law enforcement education is before Council for consideration on First Reading. The City Manager presented Ordinance No. 76-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES BY REPEALING PRESENT SECTION 1-9~.'PERTAINING TO ASSESSMENT OF COURT COST FOR L~$ ENFORCEMENT EDUCATION; ENACTING A NEW SECTION 1-9 ELIMINATING THE REQUIREMENT THAT MONEY COLLECTED THEREUNDER BE DEPOSITED IN A SEPARATE FUND; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 76-78 on First Reading, seconded by Mr. Sanson. Upon roll call Council - 14 - ~0/23/78 voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, in answer to a question by Mr. Scheifley, the City Attorney explained that the previous ordinance required the city to set up a special fund, and each dollar collected would have to go into that specific fund, and used only for that purpose. The Finance DePartment felt that in view of the fact that the City spent a great deal more on Police education than is collected from the dollar assessment, that if legally permitted, put the money in the General Fund. The State Statute permits that to be done. City Manager Mariott stated that it is still necessary, as mandated by the State, that disbursements be made from whatever fund it is put into to our Police Officers, in accordance with State Law. So, the same payments are being made, but are being put into a different fund from which it is drawn. Mr. Scheifley left the Council Chambers, the time being 8:50 P.M. 8.k. The City Manager reported that Ordinance No. 77-78 repeal- ing Section 3-14 (E) (1), Chapter 3 "Signs and Billboards" of the Code of Ordinances permitting the main use sign of a shopping center to display the name of the center and/or list the names of the retail stores and service establishments located therein is before Council for consideration on First Reading. The City Manager presented Ordinance No. 77-78. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 3-14~) (1) OF CHAPTER 3 "SIGNS AND BILLBOARDS" OF THE CODE OF ORDINANCES AND ENACTING A NEW SECTION (E) (1), PE~4ITTING THE _WLAIN USE SIGN OF A SHOPPING CENTER TO DISPLAY THE NA~E OF THE CENTER AND/OR LIST THE N~4ES OF THE RETAIL STORES AND SERVICE ESTABLISHMENTS LOCATED THEREIN, ALSO PROVIDING THAT EACH UNIT OF A SHOPPING CENTER _~LAY UTILIZE A FLAT SIGN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 77-78 on First Reading, seconded by Mr. Chapin.~ Upon roil call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - No; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Mr. Scheifley returned to the Council Chambers prior to roll call, the time being 8:55 P.M. Before roll call Mr. Sanson stated'that he objected to commercial establishments not being defined and referred to his comments of the last Council meeting. He questioned whether the Council is doing what it really intends to do. He referred to the. Zoning Code, page 8, and read the definition of "Shopping Center" as a group of commercial establishments planned, developed, managed, and operated as a unit. There is no definition for "Commercial Establishment". There is a definition for "Professional Offices" which could mean that there is a difference between the commercial establishment and a professional office. Mr. Sanson referred to the last Council meeting, where he was led to believe Dy the City Attorney and some Council members that an office complex containing nothing but professional offices, or in great majority, such as the Executive Mall, Epic Building, etc., are called shopping centers, and, therefore,.they are entitled to erect the same kind of sign as is now permitted at other types of places such as Gateway Shopping Center, Delray Mall, or the place in question, 640 Building. It was his thought that there was a great difference between the Executive Mall and the 640 Building, mainly because the one contains a retail establishment, and the other contains professional offices. Therefore, it was Mr. Sanson's thought that he could not support this amendment, if it is saying that office buildings are permitted to erect signs of this nature. City Attorney Saberson explained that the wording is taken verbatim from the existing Sign Code. It is the second sentence of what is now included in the first paragraph, that was separated out simply for the purposes of separating the main use sign from the sign that is allowed for each unit of the shopping center. The applicable definitio~ of the shopping center is the one that is contained in the Sign Code, not the one contained in the Zoning Code. The limitation or control is two-fold: 1. The size limitation on the sign. 2. The fact that a permit for a sign must go through the Community Appearance Board. Mr. Sanson stated that he thought that if the Council is going to allow this Ordinance, the Council should amend it to say that there has to be a continuity to the sign, and not allow it to individual Community Appearance Board judgment, i.e., the same size lettering, same colors, etc. Mr. Chapin questioned Mr. Ellingsworth, a member of the Sign Committee, and Mr. Tore Wallin, as to why they reco~end this Ord~inance, and whether or not it would cause some of the problems that Mr. Sanson has suggested might happen. Mr. Ellingsworth stated that it is felt that this is an answer to a question that did not exist when the Sign Ordinance was written. In addition to a sign, each place of business has a directory. This wording is a means of answering a problem that exists in which the retailer is located in the back of an unseeable area in a build- ing that may face on a main thoroughfare, and he stated that this could be the manner in which these buildings would be recognized. Mrs. Durante stated that the Ordinance proposes that the sign can be placed right on the business. Off-premise signs are prohibited.~ The amendment proposes that on the one main use sign the owner is allowed, he can list the name of the tenants in the space. Right now, he would not be allowed to do that because it is an off-premise sign. Mr. Lou Bowring, 951 Tropic'Boulevard, stated that the 4 businesses will have one sign measuring 36 sq. ft. Mr. Chapin stated that he intends to vote for this amendment on first reading, but will reserve the right to more fully understand the nature of the problem, as he wishes to maintain the philosophy of a small town image in Delray. In reply to Mr. Sanson's question as to how the City Attorney's Office intends to rule, the City Attorney stated on the basis of the definition of a shopping center contained in the Sign Code. Mayor Weekes stated he is prepared to vote for the Ordinance on First Reading at this time, and if, between this time and Second Reading some amendment can be made that will serve the purpose, he is willing to listen to it. Mr. Scheifley stated that the Community Appearance Board will have to approve the sign. Roll Call on the motion was had at this time. - 16 - 10/23/78 Mr. Chapin left the Council Chambers, the time being 9:08 P.M. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on October 17th, recommended by unanimous vote that the Final Plat approval request for Rainberry Lake (Phase II), located in Section 7-46-43 on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) Comments of the City Engineer as stated in his October 17th memorandum. 2) Comments of the Director of Public Utilities as stated in his October 9th memorandum. 3) Comments of the Lake Worth Drainage District as stated in their September 25th letter. 4) Availability of water. Mr. Scheifley questioned the Plannin~ & Zoning Board's recommending approval when the comments from the Director of Public Utilities, Engineering, etc., are questions rather than answers and Council is approving, subject to unanswered questions. Mr. Carey, Chairman, Planning & Zoning Board, appeared before the Council, and stated that certain conditions must be met, and it puts the Developer on guard that he has problems that he has to resolve. The site plans will not be approved until each question is resolved. Mr. Chapin returned to the Council Chambers at 9:13 P.M. Mrs. Durante left the Council Chambers at 9:17 P.M. and returned at 9:20 P.M. Mayor Weekes absented himself for the discussion of this item, the time being 9:21 P.M., and Vice Mayor Chapin took the chair. City Manager Mariott stated that Mr. Scheifley has raised a valid point, that when the different departments inter-lace, their statement of conditions, which are valid, along with questions, it is his thought that two things should be done: el) That he should issue instructions to the Departments: La} Refrain from raising questions in their statement of conditions. Attempt to not speak to irrelevant things to the question at hand. (2) Instruct the City Planning Department in the screening of the comments from the various departments to check each item for its relevance, to the particular question at hand. The Planning Department should cross out the irrelevant lines, and then it should go to the Planning & Zoning Board. Then, when the matter comes to the City Council, you would have a true statement of condition. Vice Mayor Chapin suggested that City Manager Mariott communicate to the Chairman of the Community Appearance Board that definitive statements be made regarding approvals, subject to conditions, as opposed to suggestions and recommendations that cannot be enforced and adhered to. Mr. Scheifley moved to accept the recommendation of the Planning & Zoning Board to approve final plat for Rainberry Lakes, Phase II, subject to the conditions outlined in the Agenda under 9.a., seconded by Mrs. Durante. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Sanson - No bet the record show his negative comment, on the basis that he does not feel the transportation needs of the community were properly addressed in the approval of this project); Mr. Scheifley - Yes; Vice Mayor Chapin - Yes. Said motion passed with a 3 to 1 vote. Mayor Weekes returned to the Council Chambers, the time being 9:30 P.M. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on October 17th, recommended by unanimous vote that the final plat approval request for Martell Arms, located in Section 9-46-43 on the west side of N.E. 8th Avenue between N.E. 8th Street and Bond Way be approved, subject to the following: 1) Comments of the City Engineer as stated in his October 10th memorandum. 2) Comments of the Director of Public Utilities as stated in his October 10th memorandum. 3) Availability of water. Mr. Scheifley moved that the final plat be approved for Martell Arms, in line with recommendation of Planning & Zoning Board, subject to the comments noted in the memorandum numbered 1 through 3, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Ye~; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Sche~fley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Jeffrey Thistle stated that he lives in the adjoining property, and questioned if these conditions are the same that appeared on the approval of this project in June of 1977. Mr. Carey stated some agreement was reached with tke previous owner on a wall or barrier on the south line of the property, and that will be binding on the new owners. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on October 17th recommended by unanimous vote that the final plat approval request for Homewood Lakes (Section B-l), located in Section 18-46-43 on the south side of Atlantic Avenue between Dover Road and Homewood Boulevard be approved, subject to the following: 1) Comments of the City Engineer as stated in his October llth memorandum. 2) Comments of the Director of Public Utilities as stated in his October 9th memorandum. 3) Availability of water. Mrs. Durante moved to sustain the recorm~endation of the Planning & Zoning Board, subject to the comments listed in the Preface to the Agenda, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. - 18 - 0/23/78 9.d. The City Manager reported that the Planning & Zoning Board at a meeting held on October 17th, recommended by unanimous vote that the conditional use approval request for a parking lot for Earl Wallace Ford, located in Section 9-46-43 on the west side of N.E. 7th Avenue, between N.E. 7th Street and N.E. 7th Court be approved, subject to the following: 1) Comments of the City Engineer as stated in his September 27th memorandum. 2) Comments of the Director of Public Utilities as stated in his September 22nd memorandum. 3) Comments of the Community Appearance Board as stated in their October llth minutes. 4) Availability of water. 5) A time limitation of 12 months be set for development of the project. 6) The use of this lot shall be limited to employee parking only. 7) There shall be no illumination or public address system installed. 8) That a chain be erected across the entranceways in order to close the lot at night, weekends and holidays. Mr. Chapin moved that Council sustain the recommendation of ~he Planning & Zoning Board regarding additional use approval for Earl Wallace Ford, subject to the conditions outlined in the Preface to the Agenda, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mr. Sanson stated that he would like to take the opportunity to publicly thank Mr. Wallace for the many improvements that he has made to his business and what are some aesthetic improvements to the area. It is hoped that through his leadership in the car dealers association, he can prevail upon some of the other businesses to follow his example. 9.e. The City Manager reported that the Planning & Zon±ng Board at a meeting held on October 17th, reco~ended by unanimous vote that the final plat approval request for Banyan Tree Village, located in Section 21-46-43 on the east side of U.S. No. 1 between S.E. 10th Street and S.E. 12th Street be approved, subject to the following: 1) Comments of the City Engineer as stated in his October 17th memorandum. 2) Comments of the Director of Public Utilities as stated in his October 2nd memorandum. 3) Availability of water. Mr. Scheifley moved that Council sustain the recommendation of the Planning & Zoning Board relative to final plat approval of Banyan Tree Village, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion pas~ed with a 5 to 0 vote. - 19 - 10/23/78 9.f. The City Manager reported that the Planning & Zoning Board at a meeting held on October 17th, recommended by unanimous vote that the final plat approval request for Bermuda High Club West, located in Section 28-46-43 south of Del-Harbour Drive, between the Intracoastal Waterway and State Road A1A be approved, subject to the following: Comments of the City Engineer as stated in his October 16th memoranda. 2) Comments of the Director of Public Utilities as stated in his October 12th memoranda. 3) Availability of water. Mr. Chapin ~oved that Council sustain the recof~endation of the Planning & Zoning Board regarding final plat approval of Bermuda High Club West, subject to the conditions outlined in the Preface to Agenda, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Sanson- Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Chapin moved that Council ratify pa~ent of the City's bills, seconded by Mrs. Durante. Said motion passed unanimously. General Fund ............. $400,803.77 Federal Revenue Sharing Trust Fund. . 90,000.00 . Cigarette Tax Fund .......... 3,002.00 Utilities Tax Fund .......... 3,910.00 Federal Public Works Fund ...... 3,312.45 Water and Sewer Fund ......... 42,554.37 11. Mayor Weekes suggested that, at the next Workshop Meeting discussion should be had for consideration of a replac~ent for Mr. Sanson as a me~er of Council. Mayor Weekes declared the meeting adjourned at R:43 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 23, 1978, which minutes were formally approved and adopted by the City Council on~d~./~t/~/~ City Clerk NOTE TO READER: If the minutes that you have received are not complete 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. - 2o-