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07-25-77 343 JULY 25, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:03 P. M., Monday, July 25, 1977 with Vice Mayor Leon M. Weekes presiding, and Acting City Manager Elizabeth Arnau, Assistant City Attorney Clifford Shandy, and Council members Robert D. Chapin, David E. Randolph and Aaron I. Sanson, IV, present. 1. The Lord's Prayer was repeated in unison. 2. The Pledge of Allegiance to the flag of the United States of America waS given. Vice Mayor Weekes requested a change in the order of the agenda by moving item 8.a. ahead of item 3. Mr. Sanson moved that item 8.a. of tonight's agenda be moved ahead of item 3, seconded by Mr. Randolph. Said motion passed unanimously. 8.a. Vice Mayor Weekes gave recognition to J. Arnold Carter, better known as "Jim" Carter who passed away at approximately 12:55 A, M. Sunday morning, July 24, 1977. It was determined last week that Council would present to Mr. Carter Resolution No. 41-77, commending him for his dedicated service to the City of Delray Beach as a member of the Civil Service Board. It was also agreed by Council to present Mr. Carter with a Certificate making him Honorary Mayor of the City of Delray Beach and with a service award commemorating this distinction. The City Manager spoke with Mr. Carter on last Wednesday or Thursday, prior to his departure to Mayo Clinic, informing him of the presentations that were to be made to him. Vice Mayor Weekes presented Resolution No. 41-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING J. ARNOLD CARTER FOR HIS DEDICATED SER- VICE TO THE CITY OF DELRAY.BEACH, AS A MEMBER OF THE CIVIL SERVICE BOARD. (Copy of Resolution No. 41-77 is on file in the official Resolution Book.) Vice Mayor Weekes read the Resolution. Mr. Sanson moved for the passage of Resolution No. 41-77, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. A moment of silent prayer was held in memory of Mr. Carter. 3. Mr. Randolph moved for the approval of the minutes of the regular meeting of July 11, 1977, seconded by Mr. Sanson. Said motion passed unanimously. 4.a. Mr. Chapin stated he would like for Council to have a copy of the new model Municipal Ordinance called the Basic Energy Conservation Code which is a new development in light of the nation's energy crisis. This may have some applicability to Delray and he would like for Council to look into it. \ 4.a.1. Mr. Chapin stated in the "Florida Naturalist", which is a publication of the Florida Audobon Society, there are two articles on the care of beaches and dunes, their nature, importance and protec- tion. He requested that the Acting City Manager give a copy of these articles to Karen Sawchuk, the City Horticulturist, and other members of Council and Mr. Strock because it relates to the plantings of the dunes and plantings of sea oaks and other vegetations which is a great assest in preserving the beach. Mr. Sanson stated he and other City-related personnel took a trip up the beach about 1% weeks ago for further investigation in terms of the restoration project. It was pointed out to Mr. Strock 344 the questions as to wheter or not there would be a possibility that the dunes, which are trying to be re-formed by nature, could be taken into consideration in the restoration project and whether or not he has given any consideration to revegetation of the beach area. Mr. Strock, at that time, stated he was extremely interested in that facet of the restoration project and is going to report back to Mr. Sanson his feelings on it. 4.a.2. Mr. Chapin noted that this week members of Council and all the members on the various boards and committes in Delray received a Financial Disclosure Form and asked if all board members were asked to comply; the Assistant City Attorney answered "yes". 4.b. Mr. Randolph asked the Assistant City Attorney the status of the N. W. 1st Street surfacing project; the Assistant City Attorney answered that to his knowledge there has been no word regarding this. Mr. Randolph requested that this be looked into because it is'taking a long time, well over 60'days since he saw the last correspondence. Vice Mayor Weekes stated that the paving machine was damaged and it held up a couple of the projects and he does not know if this is one of them; if it was being done in-house, it could very well be one of those projects. 4.c. Vice Mayor Weekes stated there is going to be a meeting of the Area Planning Board on July 28, 1977 at 7:30 P. M., to discuss the Comprehensive Development Plan for Palm Beach County. The meeting will be held at the APB Office to solicit comments on the plan and it is felt that this will be discussed extensively in the future and the City should have input from the beginning. He requested that the Acting City Manager check around to make sure someone attends the meeting, such as Mr. Kotulla or Mr. Ermovick as well as any member of Council that is able to attend, if for nothing more than to hear what's being said. Mr. Sanson stated that at the special meeting of the Palm Beach Municipal League Executive Committee on Tuesday or Wednesday, Mrs. Roberts of Highland Beach, expressed great concern with the plan and urged that Council attend and have as many people as possible in attendance because she seems to feel that there are some very powerful, important recommendations being made that could have vast implications for the future of Palm Beach County. 5.a. Tore Wallin, Vice President of the Tropic Bay Condominium Association, requested more information regarding the proposed in- crease in garbage collection of 50¢ per unit. At the present time they believe they are being ripped off; the City is presently charging roughly $88 an hour for a packer truck and, if.the City goes to the new rate, it would be better than $100 per hour for a packer truck. He stated that in the condominiums or larger apartment buildings, the City does not collect grass cuttings or any other cuttings; the only thing the City collects is trash. Mr. Wallin stated that at the present time he believes they are subsidizing some others and feels' they should have. a fair shake in this matter. Vice Mayor Weekes asked the Acting City Manager to make a note of this so that it could be brought up at the next budget work- shop session for discussion. 5.b. Jack Pitts, 237 Seacrest Lane, Delray Beach, spoke relative to Federal Revenue Sharing. It seems there is reluctance of Council or some members of Council to use Federal Revenue Sharing Funds in the budget. He stated he believes there should be no hesitancy on the part of Council to use these funds because it is tax money that came from the citizens and unless the City plans to use them regularly in the City budget there will be the tendency of looking around for something to spend them on. Vice Mayor Weekes stated that the Federal Revenue Sharing Funds are in the budget but for capital projects and it is his feeling - 2 - 7/25/77 345 that the intent of the government was to have these funds used by the local municipalities to make capital improvement that they might not otherwise be able to make. He suggested that Mr. Pitts look at a copy of the proposed budget and see if he agrees with the capital projects proposed. Mr. Pitts questioned if Council would have spent the City budget money on those projects if they had not come from Federal Revenue Sharing Funds or were they stuck in because it was Federal Revenue Sharing. The Vice Mayor stated the City would not have had the funds to do those projects without the Federal Revenue Sharing Funds. To answer Mr. Pitts'question, he stated that Funds do not have to be spent on just capital projects but can be used on any legi~'.mate, municipal expense .including salaries. It is a matter of juggling dollars and he does not think that it is proper that the City should get into the posture of regularly using Federal Revenue Sharing Funds for the purpose of balancing the operating budget. 5.c. Mr. Pitts stated that the Linton Avenue Bridge which has · ~-n~lly become a realization, is being held up by a small group of people to the detriment of a large number of people who know and understand that the bridge will be built, has to be built, and is necessary. He feels that there has not been any real push by the City Council to see that this bridge goes on with the least delay; every delay is costing the taxpayers money when they know it is going to be built anyway. Mr. Pitts asked that Council take a stronger stand on pushing the bridge through. 6.a. The Acting City Manager stated that it is recommended that Council award a contract to Hydromar Corporation of Delaware and. Eastern Seaboard Pile Driving, Inc. (a joint venture) for the City's beach restoration project at a contract price of $1,316,700. The City will be able to finance the project. Mr. Strock, the City's Consulting Engineer, commented in favor of awarding this contract. They have visited the contractor who made the bid, visited the dredge equipment itself, reviewed it and found it in satisfactory condition. They have contacted the Corps of Engineers, the State of Florid~ and both concur in awarding the bid should Council so elect. Mr. Strock stated he has checked out the Hydromar Corporation of Delaware and Eastern Seaboard Pile Driving, Inc. and find no reason why they couldn't perform satisfac- torily. They have checked out the finances with regards to the recoveries, the County, etc.,and find every reason to believe the job should go as has been outlined to the Council. Mr. Randolph asked if this was the only bid received. Mr. Strock answered "yes" and stated they have checked out all the major dredging companies that would have the capability of doing this job and have specifically pinpointed all the types of equipment that is capable of doing the job. However, there is a major job being done in Dade County, one in Duvall County, and the remainder of the equipment is located in Texas, the West Coast of Florida, and in Africa; the equipment has been basically pinpointed to make sure that there was not some reason why only one bid was obtained. Upon question by Mr. Randolph, Mr. Strock stated that this is not the same company that performed the beach restoration. Mr. Chapin stated he assumes that the ~ity will be reimbursed from the State, the Federal Government and the County and asked Mr. Strock if this is what he means by saying the financing is in order and that there is money to pay for it. Mr. Strock replied that this is correct; they~have sent in the general design memorandum to the Corps of Engineers, based upon the original project allocating 44.2 percent of Federal Funds for the project. Mr. Strock stated they have received an approval from the Corps of Engineers of that general design memorandum. There is an existing contract between - 3 - 7/25/77 Delray and the State of Florida for 30.8 percent of the contract and the remaining part, 25 percent of the project, would be local funds in the magnitude of about $365,000. Mr. Chapin noted that the County has provided $80,000 a year and this was only in the 4th year and for fiscal purposes what if the City is not considered for the 5th year. Mr. Strock stated that $400,000 has actually been placed in the account; there was some question in interpreting the contract between the City and the County as to just how much could be allocated, as far as time is concerned, and the way the plan is drawn up at the present time, in essence, there is four years plus the requirement of the Corps to place one year advanced nourishment. Mr. Sanson asked Mr. Strock to explain why there was a delay in the first round of bids. Mr. Strock stated that President Carter has imposed a O-base budget on all projects and the project as ori- ginally outlined was based upon the 1963 report prepared by the Corps of Engineers. To implement it and have it funded, it was necessary to go back and revise the programming and make sure that all the sup- port data would support the project based upon today's criteria. Mr. Sanson asked Mr. Strock if he had made any decisions on the revegetation. Mr. Strock stated they have done some work and have met with Karen Sawchuk and are now in the process of preparing a plan for discussion. Fortunately, the elevations in most of the areas are such that most of the vegetation that is there can be maintained without being disturbed; the contract is written so that none can be disturbed without the approval of the engineer. The programming of the'replanting, etc., in the.areas tkat would require it, is in process at this time. Vice Mayor Weekes asked, if at the north end of the beach where the natural sand has overlayed the pumped-in sand that was used in the renourishment project originally, is that profile Suffi- cient above the high water mark that it would not be disturbed or will it again be pumped over with the gray material that has to be used. Mr. Strock stated that the very north end of the beach would not be disturbed say, from the City line down.southerly to about the north end of the public beach'in that area; commencing at or about the north end of the public beach, the profile begins to diminish in that area,but shortly south of the north end of the public beach, for practical reasons, it would be necessary to revisit that area. Mr. Weekes commented that because of the season and la~eness of the year it's getting near the time when you could possibly expect a hurricane, but on the other hand the City couldn't stand to go through another northeaster season without renourishing the beach. The City is engaged in a calculated risk having been thrown behind due to circumstanceS over which Mr. Strock nor the City had any control and in view of that, Mr. Weekes feels ithe City should proceed with this as quickly as possible. Mr. Chapin asked if this contract is awarded tonight when Council could expect renourishment to commence. Mr. Strock stated that the contractor has ten days to return a signed contract from the time he is advised of the award of the bid. It is expected that within about 30 days plus or minus from that time they would start pumping sand. The actual construction would probably take five to six weeks. 'Mr. Chapin moved that the City enter into the contract for renourishment of the beach as outlined by the Acting City Manager, seconded by Mr. Sanson. Said motion passed unanimously. 6.b. The Acting City Manager reported that as was discussed at the July 18th Council workshop meeting, it is recommended that Council - 4 - 7/25/77 347 consider authorizing Russell & Axon, Consulting Engineers, to prepare an application to the Department of Environmental Resources for ex- panding the Water Treatment Plant from 12 MGD to 24 MGD, using the existing iron removal treatment process. The estimated cost of preparing that application and supporting documentation'is $3,000 with funding to come from the 1972 Water & Sewer Bond issue. Mr. Randolph moved that Council authorize Russell & Axon to prepare subject application for Water Treatment Expansion from 12 MGD to 24 MGD with the approximate cost of $3,000 with funding to come from the 1972 Water & Sewer Bond Issue, seconded by Mr. Chapin. Said motion passed unanimously. : Before roll call the following discussion was had. Mr. Sanson moved for a substitute motion that before preparation of the applica- tion that Russell & Axon be given partial termination and that the City Attorney's office be instructed to implement the Competitive Negotiation Act and the Council seek competitive bidding on furtherance of this application. The motion died for a lack of second. Mr. Sanson stated he would vote for the motion wishing that Council had services of another firm; there is no purpose to be served by retaining this firm to handle any facet of the expansion of this plant and he strongly disagrees with the past practices and advice that has been given to Council for the expansion. Mr. Chapin stated that at the workshop meeting where Council authorized this approach to expand the plant from 12 MGD to 24 MGD, they also approved a second course of action; if secondary treatment proves to be required, that Council comply with the Competitive Negotiation Act. Therefore, he feels that Russell & Axon has five years of good performance on this process and this plant and if the City can enlarge it without having to go to costly, secondary treat- ment, the City would be well served. Vice Mayor Weekes stated he does not think that there, is any- body in the engineering world that has a greater vested interest in seeing that this expansion of the plant is approved by the Department of Natural Resources than the engineers who design the plant and who have monitored it for the past five years. He stated he understands -Mr. Sanson's problems with some things that have happened and the way they have treated the matter of direct filtration. Mr. Lou Martin, Director of Public Utilities, stated he has a memo dated July 22, 1977 from the City Manager directing him to proceed under the Consultants' Competitive Negotiation Act concurrently with Russell & Axon's attempt to enlarge the plant. He asked that by the action Council has taken is he to hold this action in abeyance. Vice Mayor Weekes stated that that action was not a part of the motion that was passed by Council nor was that particular item on the agenda nor on the preface to the agenda. Mr. Sanson stated he thinks Council should take one step at a time; Council has made the decision to go ahead with the present system of water treatment and should therefore go full speed with it. Mr. Chapin and Vice Mayor Weekes concurred with Mr. Sanson. Mr. Sanson asked Mr. Martin if the City of Delray is currently supplying the City of Gulfstream water. .Mr. Martin replied that the City is supplying water but not steadily and it is not 200,000 gallons as the paper indicated. The formal hook-ups are in the process of being installed and the water taps will be turned on in about 60 days. Mr. Klinck stated that the feeder and the valve to Gulfstream from Delray Beach was cut off Friday; their well is in proper operation and they are using their own water. 6.c. The Acting City Manager reported that at the July 18th work- 'shop meeting, Council informally agreed to the appointment of Lonnie - 5 - 7/25/77 34S Cook and Lynn Taylor as members of the Downtown Development Authority to three year terms ending July 1, 1980, and the appointment of John Ross Adams to the unexpired term of James L. Love ending July 1, 1979. Mr. Chapin moved for the appointment of Lonnie Cook and Lynn Taylor as members-of the Downtown Development Authority for a three year term ending July 1, 1980, and for the appointment of John Ross Adams for the unexpired term of James Love ending July 1, 1979, .seconded by Mr. Sanson. Said motion passed unanimously. 6.d. The Acting City Manager recommended that Council declare a nuisance to exist on the following property and in compliance with Chapter 15 of the City's Code of Ordinances, direct the City Clerk to comply with the ordinance in abating this nuisance PROPERTY DESCRIPTION CITY CODE Lot 5, Block 8, Dell Park 15-2 & 15-3 (258 N.E. llth St.) Mr. Randolph moved that City Council declare a nuisance to exist on the property outlined in 6.d. of tonight's agenda and further direct the City Clerk to abate such nuisance, seconded by Mr. Chapin. Said motion passed unanimously. 6.e. The Acting City Manager reported it is recommended that ~ouncil authorize the execution of an agreement between the City and Palm Beach County providing for the funding and administration of the Pompey Park Community Development Grant. The City entered into a similar agreement with the County last year, which agreement was authorized by City Council on May 10, 1976. The Vice Mayor asked the Assistant City Attorney to brief Council on what the document is, what it says and whether or not it is similar to the one executed last year. The Assistant City Attorney.stated the main thing about the contract is that it provides for the payment as the park progresses. The County is desirous of dispersing the sum of $210,000 to the City pursuant to the terms and conditions of the agreement; it is more of a dispersement type contract. It contains a clause where the City agrees to let all contracts awarded pursuant to this agreement and inCluding contracts for construction of improvements, repairs, replace- ments and purchase of commodities, in accordance with all applicable Federal, State and Local laws. If competitive bidding or competitive negotiations are required under applicable law, the City shall provide the County with a copy of its bid specifications and bid awards. If the City wishes to be reimbursed for expenditures, it is provided, herein it will submit proposed ~contracts for prior approval by the Community Development Division. The County is the paymaster and the City submits invoices either before paid or ask for reimbursements. There is a procedure set out for invoicing and payment. The Assistant City Attorney stated he has gone over the contract and has also discussed it with the Assistant County Attorney, Mrs. Catherine Washington, and finds nothing objectionable and sees no serious problems about it. Mr. Randolph stated that this contract is allegedly similar to the document that was passed last year and fimilar to the contracts passed by all the participants in the CD program and it somewhat establishes guidelines as to how funding will be and to what extent the City would be in a posture to receive funds from the County in furtherance of its project. He stated he sees no particular problem with it. Mr. Sanson asked Mr. Randolph if'he knew when Council will be able to see some progress on the actual construction of the park. - 6 - 7/25/77 34§ Mr. Randolph stated it looks like it will be around the 30th of September because bids are supposed to be let by that time and hope- fully it will begin before the end of the year. Mr. Sanson stated last week he attended a meeting of the Environmental Committee on the National League of Cities and a side light of the meeting was a detailed briefing given by the staff relative to the Federal Funds available and programs available for projects being sponsored by the Federal Government to install solar energy. After the meeting, Mr. Sanson stated he explained to the staff member about the City's Pompey P~ark Project and the idea of installing solar energy and asked his thoughts on it. The staff member stated to Mr. Sanson that he felt there are Federal funds available for this if the City does not already have it arranged, and that he would personally see the City's application through the Federal Agencies. He relayed to Mr. Sanson that he felt that the project itself is one of the better that he has ever heard and does not think there would be any problem in getting funds for it. Mr. Sanson stated ~hat there are also Federal Funds available for surveys and studies to be made of existing public facilities as to what can be done to conserve energy and then to give the .Federal Funds to make the necessary alterations and repairs. Mr. Randolph moved that the CitY of Delray Beach authorize the execution of the agreement with Palm Beach County for the Communi- ty Development Block Grant Program, seconded by Mr. Chapin. Said motion passed unanimously. 6,f. The Acting City Manager reported that at the July 18th workshop meeting it was discussed that Council should consider authorizing a Financial/Operational Study of ~he Delray Beach Country Club, at a cost not to exceed $1,000 as recommended by the Finan6ial Advisory Board. Funding will come from the Recreation Department Administrative Budget. Mr. Chapin moved for the approval of a Financial/Operational Study of the Delray Beach Country Club, at a cost not to exceed $!,000 as recommended by the Financial Advisory Board, with funding to come from the Recreational Department Administrative Budget, seconded by Mr. Randolph. Said motion passed unanimously. 7.a. The Acting City Manager reported that the City is in receipt of an application from California Designs, Inc. for City water service to serve Blocks 13, 15, 16, 18 and 19, Southridge Subdivision, located outside the City. The applicants having executed the City's standard .agreement for the providing of water service outside the City condi- tioned upon the applicant's property being annexed into the City when such is eligible for annexation. Approval of the applicant's request for water service is recommended. The request for City water service as set forth in this item and item 7.b. is to serve the area in Southridge Subdivision as shown on the map presented to Council. These two applications will cover 127 residential units. Water service will be needed within six months and the total project will be com- pleted within two years. Richard Bird, an Attorney from Ft. Lauderdale representing the petitioners, stated the property that is presently being requested to be provided water service was owned by two different individuals, the rest of the lots in that subdivision, which was platted in 1926, are owned by many different individuals. He stated they would like to obtain as many of the lots as they can because.it is a good area and would like to develop it with good housing. They are in the process of negotiating with several other lots (approximately 15) with two other land owners. There are two blocks that are owned by other people and those blocks are basically not buildable because the land is a fill area filled with tree stumps, etc., and will not be build- able for many years. Mr. Bird stated they have no objections about coming into the City. - 7 - 7/25/77 350 Mr. Bird stated the density will be one unit per lot with zero lot line with a duplex type concept. Upon question about the City's Land Use Plan, Mr. Bird stated he is not familiar with it. Mr. Chapin stated that if Mr. Bird can be annexed in the near future he would be subject to the City zoning and it would behoove him to check the Land Use Plan adopted bY Council and work within the guide- lines of that plan. Mr. Sanson requested that the City Attorney's office report to Council some kind of firm opinion as to where this property stands in terms of annexation. Mr. Sanson moved that Water Service be granted to the California Designs, Inc. for Blocks 13, 15, 16, 18 and 19 Southridge Subdivision subject to the standard agreement with the City regarding annexation, seconded by Mr. Chapin. Said motion passed unanimously. 7.b. The Acting City Manager reported that-the City is in receipt of an application from Michael Jo Navilio for City water service to serve Lots 1 thru 17, Block 6; Lots 1 thru 19, Block 8; Lots 1 thru 25, Block 9; and Lot 11, Block 14, Southridge Subdivision, located outside the City. The applicant having executed the City's standard agreement for the providing of water service outside the City condi- tioned upon the applicant's property being annexed into the City when such is eligible for annexation, approval of the applicant's request for water service is recommended. Mr. Sanson moved that the City execute the standard agreement for water~ service being granted to Michael J. Navilio for service to Lots 1 thru 17, Block 6; Lots 1 thru 19, Block 8; Lots 1 thru 25, Block 9; and Lot 11, Block 14, Southridge Subdivision, seconded by Mr. Chapin. Said motion passed unanimously. 7.c. The Acting City Manager reported that it is recommended that Council authorize placement of a City of Delray Beach advertisement in the 51st Annual Conference Issue of the. Florida Municipal Record as in prior years at a cost of $96. Mr. Randolph moved that the 'City authorize a placement of advertisement in the Florida Municipal Records at a cost of $96, -seconded by Mr. Sanson. Said motion passed unanimously. The Vice Mayor asked the Assistant City Attorney if there is any reason why this has to come before Council each year; the Assistant City Attorney stated that it would have to come before Council each year. Mr. Sanson suggested that maybe it could come as part of the budget. The Vice Mayor instructed the Acting City Manager to ask the City Manager to include this in the budget in the future. 7.'d. The Acting City Manager reported that a communication has e~ received from Mr. Robert Carnavil, Melrose DeVelopment Company, relative to changing the name of Alamondin Terrace to Calamondin Terrace. The street was inadvertantly named Alamondin Terrace in the plat of the Pines of Delray. The City has a street named Allamanda Drive, which might cause confusion. It is recommended that this request be referred to the Planning & Zoning Board for study and recommendation. Mr. Chapin moved that the communication received to change the name of Alamondin Terrace to Calamondin Terrace be referred to the Planning & Zoning Board for study and recommendation, seconded by Mr. Randolph. Said motion passed unanimously. 7.e. Vice Mayor Weekes acknowledged the minutes of the 3eautifi- c-a-~on Committee for its July 6th meeting. In the minutes there were three items which they requested Council action which are as follows: 1) A proposed bike path along Linton Boulevard to Miller Park (this is being checked out by the Administration). - 8 - 7/25/77 351 2) There was some question as to whether the high windrow of dirt along the path would be removed as part of the repair operation (the high windrow along the path will not be removed). 3) There remains a gap in the path extending from just east of 1-95 to Congress Avenue. The Committee recommends that this portion be completed soon; this will complete the longest bike path in the system - this portion of the bike path was . not completed because of construction of 1-95 and is a County responsibility. (Council will follow up on this.) 8.b. The Acting City Manager reported that Ordinance No. 34-77, amending Chapter 29 "Zoning" of the Code o'f Ordinances relative to removing certain uses from the "Conditional Use" category and adding other uses under the "Permitted Use" category in the MI (Medium Industrial) District has been prepared for Council consideration on Second and FINAL Reading.· This ordinance was passed on First Reading at the July llth 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 Acting City Manager presented Ordinance No. 34-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-15 MI (MEDIUM INDUSTRIAL) DISTRICT (B) PERMITTED USES BY ADDING CERTAIN USES; AMENDING SECTION 29-15(C) CONDITIONAL USES BY DELETING CERTAIN USES; AMENDING SECTION 29-15(C) CONDITIONAL USES BY ADDING RE- SEARCH AND DEVELOPMENT FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-77 is on file in the official Ordinance Book.) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in com- pliance with the laws of the State of Florida and the Charter of the City~.~of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 34-77 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.c. The Acting City Manager reported that Ordinance No. 35-77, amending Chapter 29 "Zoning" relative to .removing certain uses from the "Conditional Use" category and adding other uses under the "Permitted Use" category in the LI (Light Industrial) District, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth meeting. The Acting City Manager presented Ordinance No. 35-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 29-14 LI (LIGHT INDUSTRIAL) DISTRICT (B) PERMITTED USES BY ADDING CERTAIN USES; AMENDING SECTION 29-14 (C) CONDITIONAL USES BY DELETING CERTAIN USES; AMENDING SECTION 29-14 (C) CONDITIONAL USES BY ADDING RE- SEARCH AND DEVELOPMENT FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 9 - 7/25/77 (Copy of Ordinance No. 35-77 is on file in the official Ordinance Book.) The Acting 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 adoption of Ordinance No. 35-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Vice Mayor Weekes - Yes. Said motion passed with a 3 to 1 vote. Before roll call Mr. Sanson stated the he ~would like for Council to consider retaining automobile paint, body and repair shops under conditional use, mainly on two bases (1) the definition of Light Industrial, particularly the sentence which reads "such uses shall not employ materials, processes, or machinery which cause objectionable odors, dust, noise, fumes, smoke, gases or vibrations upon nearby or adjacent residential and qommercial property" - he stated he would contend that paint, body and repair shops of automo- biles do all of this; (2) there are areas in the City of Delray that are zoned~Light Industrial that are directly adjacent to residen- tial - he is not contending that the use should be deleted but thinks that there are some homeowners who would sincerely object to a body shop being across the street from their residential home. Vice Mayor Weekes stated that automobile, body and repair shops are presently permitted in SC zoning; there is one directly across the street from his office and they have never had any complaint about it and has never caused them any problems. In the LI zone there is a much greater degree of bufferSng required, and a much larger degree of setback required than there is in the SC zone. 8.d. The Acting City Manager reported that Ordinance No. 47-77, relative to parking is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth 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 Acting City Manager presented Ordinance No. 47-77: AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE STOPPING, STANDING AND PARKING OF VEHICLES ON STREETS, ALLEYS, SIDEWALKS, DRIVEWAYS, PARKING AREAS AND EVERY OTHER WAY, WITHIN OR WITHOUT THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA, THE USE OF WHICH THE CITY OF DELRAY BEACH HAS JURISDICTION AND AUTHORITY TO REGULATE; CREATING AND DEFINING PARKING~AND PASSENGER, CURB AND FREIGHT LOADING ZONES; PRESCRIBING PARKING TIME LIMITS; DEFINING AND PROVIDING FOR FIRE LANES; PROVIDING FOR THE DIRECT RESPONSI- BILITY OF AN ILLEGALLY PARKED VEHICLE TO BE ON THE OWNER THEREOF; DEFINING OFFENSES, PROCEDURES AND PRESCRIBING CIVIL PENALTIES; DECLARING A VIOLATION TO BE A PUBLIC NUI- SANCE AND TRESPASS AND A NON-CRIMINAL IN- FRACTION AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER. (Copy of Ordinance No. 47-77 is on file in the official Ordinance Book.) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in com- - 10 - 7/25/77 353 pliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Sanson moved for the adoption of Ordinance No. 47-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. said motion passed with a 4 to 0 vote. 8.e. The Acting City Manager reported that Ordinance No. 48-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to adding package liquor stores as a Permitted Use in the LC (Limited Commercial) District is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth 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 Acting City Manager presented Ordinance No. 48-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY.BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-13.1 LC (LIMITED COMMERCIAL) DISTRICT (B) (14) PERMITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-77 is.on file in the official Ordinance Book.) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing-was closed. Mr. Randolph moved for the passage of Ordinance No. 48-77 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; ~Mr, Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.f. The Acting City Manager reported that Ordinance No. 49-77, which provides for the legal defense and indemnification by the City on behalf of the Mayor, Council Members, Board Members and all employees when involved in litigation arising out of their association or em- ployment with the City is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth meeting. Prior to passage consideration of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 49-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES OF THE CITY QF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. \ (Copy of Ordinance No. 49-77 is on file in the official Ordinance Book.) The Acting 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. - 11 - 7/25/77 354 Mr. Chapin moved for the adoption of Ordinance No. 49-77 on Second and FINAL Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.g. The Acting City Manager reported that Ordinance No. 50-77, amending Section 9-1 and 9-1.2 of Chapter 9 of the Building Code by adopting the 1976 Edition of the Standard Building Code, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth 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 Acting City Manager presented Ordinance No. 50-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 9-1 AND 9-1.2 OF CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1976 EDITION OF 'THE STANDARD BUILDING CODE, READOPTING, REPEALING, PAR- TIALLY READOPTING, AND PARTIALLY REPEALING AMENDMENTS THEREOF; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE~ (.Copy of Ordinance No. 50-77 is on file in the official Ordinance Book.) The Acting City Manager read the'caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr.. Sanson moved for the adoption of Ordinance No. 50-77 on Second and FINAL Reading, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.h. The Acting City Manager reported that Ordinance No. 51-77, amending Section 9-2 of Chapter 9 of the Building Code by adopting the 1976'Edition of the Standard Mechanical Code is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth meeting. Prior to passage consideration on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 51-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 9-2 OF CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1976 EDITION OF THE STANDARD MECHANICAL CODE, EXCEPT FOR SECTION 106.3 SCHEDULE OF PERMIT FEES; ESTABLISHING FEES; ~PRO- VIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 51-77 is on file in the official Ordinance Book.) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance - 12 - 7/25/77 355 with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 51-77 on Second and FINAL Reading, seconded by Mr. Chapin. UPon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.i. The Acting City Manager reported that Ordinance No. 52-77, amending Sections 21-1 and 21-2 of Chapter 21 of the Plumbing Code by adopting the 1975 Edition of the Standard Plumbing Code, is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the July llth 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 Acting City Manager presented Ordinance No. 52-77: AN ORDINANCE OF THE CITY OF DELRAY BEACH; FLORIDA, AMENDING SECTIONS 21-1 AND 21-2 OF CHAPTER 21 "PLUMBING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1975 EDITION (SECOND PRINTING) OF THE STANDARD PLUMBING CODE, READOPTING AMENDMENTS THEREOF; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 52-77 is on file in the official Ordinance Book.) The Acting City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Sanson moved for the adoption of Ordinance No. 52-77 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. 8.j. The Acting City Manager reported that Ordinance No. 17-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to district boundary lines is before Council for passage consideration on First Reading. It is recommended that Council either pass the ordinance on First Reading or refer same to workshop. It is thought that the three-foot hedge height, to which ~he Planning & Zoning Board objects was inserted in the ordinance by Council quite a while ago during the discussion of the ordinance because of the difficulty of getting and putting in a higher hedge at the time of planting. The ordinance provides that the hedge shall attain a height of at least six feet in 18 months. Mr. Sanson asked Mr. Tore Wallin that when this discussion was first held wasn't it agreed that there was also going to be a study about coming back with specific zoning requirements for the Federal Highway-Atlantic Avenue area; he answered "yes". \ Mr. Frank Carey, Chairman of the Planning & Zoning Board, stated they received a suggested ordinance from Dr. Bartley and the Committee looked at it and recognized that there was no way it could ever be enforced because it was an unworkable arrangement; the idea was given up completely to have an overriding ordinance. Mr. Sanson stated that when this ordinance was originally proposed it had substantially, higher setback lines which he agreed - 13 - 7/25/77 356 with and would like to see implemented recognizing the fact that there has to be special consideration given to Atlantic Avenue and Federal Highway. Mr. Carey stated that if you stick to the Master Plan there would be no problems because most of the strip zonings can be elimi- nated and the large piece of land that is SC, the only piece affected by the ordinance, is going to come before Council for rezoning to CC which gives the Planning & Zoning Board absolute control over it and much better setbacks. Vice Mayor Weekes referred to page 4 of the ordinance under (c), second paragraph and questioned the need for a row of trees ten feet apart if the property is separated from the abutting resi- dential property by a 300 foot right-of-way such as 1-95. Mr. Carey stated the concern there is not the property owner on the other side of the 1-95 right-of-way but a matter of beautifying the City. In other words, how would you want the City to appear as people travel up and down 1-95. Mr. Carey stated that this ordinance will continue to be in limbo because ther. e are several deficiencies in it which has been pointed out to him by the City Horticulturist. Mr. Chapin moved that this proposed ordinance be referred to workshop for further discussion and consideration, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed, with a 4 to 0 vote. Mr. Chapin was excused from the meeting due to illness, the time being 8:37 P. M. 8.k. The Acting City Manager reported.that Ordinance No. 54-77, amending Chapter 29 "Zoning" of the Code of Ordinances relative to adding carpet cleaning facilities as a Permitted Use in the LI (Light Industrial) and MI (Medium Industrial) District is before Council for passage consideration on First Reading. Council, at its July llth meeting instructed the City Attorney to prepare an ordinance effecting the amendment. The Acting City Manager presented Ordinance No. 54-77: AN ORDINANCE OF THE CITy COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-12 SC (SPECIALIZED COMMERCIAL) DISTRICT (B) PERMITTED USES, SECTION 29-14 LI (LIGHT INDUSTRIAL)' DISTRICT (B) PERMITTED USES, AND SECTION 29-15 MI (MEDIUM INDUSTRIAL) DISTRICT (B) PE~IITTED USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Acting City Manager read the caption of the ordinance. Mr. Randolph moved for the passage of Ordinance No. 54-77 on First Reading, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. 8.1. The Acting City Manager reported that Ordinance No. 55-77, relative to annexing a 9,360 square foot parcel of land located in Section 9-46-43, 1003 N. E. 9th Avenu~ subject to RM-15 (Multiple Family Dwelling) District is before Council for passage consideration on First Reading. Council, by passage of Resolution No. 27-77, requested the Board of County Commissioners for permission to rezone the land to be annexed from County zoning classification RH (Residential Multiple Family) (High Density) to City zoning RM-15 (Multiple Family Dwelling) District. Permission from the Board of County Commissioners to rezone the subject property to City zoning classification has been received. - 14 - 7/25/77 357 The Acting City Manager presented Ordinance No. 55-77: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 15, FIRST ADDITION TO KENMONT~ AS RECORDED IN PLAT BOOK 22, PAGE 24, AND THE SOUTH SEVEN AND ONE-HALF (7%) FEET OF THE ABANDONED ALLEY RUNNING EAST AND WEST BETWEEN SAID LOT 15 AND LOT 22, BLOCK 2, KENMONT, AS RECORDED IN PLAT BOOK 20, PAGE 65, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 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 SUCH LAND; AND PROVIDING FOR THE ZONING THEREOF. The Acting City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 55-77 on First Reading, seconded by Mr. Randolph. Upon roll call Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Vice Mayor Weekes - Yes. Said motion passed with a 3 to 0 vote. Vice Mayor Weekes requested that the Acting City Manager see to it that prior to the next Council meeting, a copy of the newly adopted Land Use Plan is set up in the Council Chambers. 9.a. This item was deleted from the agenda as requested by the applicant. 9.b. The Acting City Manager reported that the Planning & Zoning Board, at a meeting held on July 19th, recommended by a vote of 5 to 1 (Pompey dissenting) that the Spinner rezoning request of a 3.8 acre parcel of land from R-1AA (Single Family Dwelling) District to RM-10 (Multiple Family Dwelling) District located in Section 21-46-43 on both sides of Del Haven Drive between the Intracoastal Waterway and A1A be denied, based on the following reasons: 1) The change would be contrary to the recently adopted Land Use Plan, and would have an adverse effect on that plan by allowing multiple family to encroach into the single family area~ 2) The change would be contrary to the existing single family land use pattern; 3) The change would create an increase in traffic congestion and effect public safety by increasing the traffic volume over what it would be under the present zoning~ 4) There are no substantial reasons why the property cannot be used in accord with the existing zoning. Council may sustain the recommendation of the Planning & Zoning Board and deny the request, authorize the City Attorney to draft a rezoning ordinance or refer the matter to workshop. Mr. Randolph moved that item 9.b. be referred to workshop for further discussion, seconded by Mr. Sanson. Said motion passed unani- mously. \ It was agreed by Council to have this item on Monday night's workshop agenda. 9.c. The Acting City Manager reported that the Planning & Zoning Board, at a meeting held on July 19th, recommended by unanimous vote that the preliminary plat request of Homewood Lakes Subdivision, located in Section 18-46-43, on the south side of Atlantic Avenue between Dover Road and Homewood Boulevard be approved, subject to the - 15 - 7/25/77 following: 1) Comments of the Lake Worth Drainage District as stated in their June 27th letter, 2) Comments of the South Florida Water Management District as stated in their July 6th letter, 3) Compliance with the Director of Public Utilities' comments as stated in his July llth letter, 4) Compliance with the City Engineer's comments as stated in his July 18th memorandum. Mr. Sanson asked Mr. Carey who the developer of this land is and how many units there are. Mr. Carey stated the developer is Mr. Miller; there are about 60 acres of land (Lago Del-Ray); he did not remember the number of lots there are but 23 of them are single family lots. They are a mixture of Single Family and RM-10. Mr. Sanson asked is he led to understand by Mr. Martin's memorandum that even though 'these homes are built, no one will be able to move into them because of the sewer moritorium. Arthur Strock, representing Mr. 'Miller, stated in accordance with Mr. Martin's memorandum concerning sewers, there were certain limitations that he had placed upon the number of units that would be useable. Mr. Martin indicated to Mr. Strock that by May, 1978 approximately 40 units could be connected within the present limitations, beyond that time it would depend upon either providing on-sight treat- ment or that the City's plant was sufficiently far along that relief from the moritorium could be obtained. Mr. Sanson asked Mr. Strock if his platting this now calls for any kind of construction of the interim service fees; Mr. Strock answered "no". Mr. Strock stated that even though the area is zoned RM-10, the density is approximately 4.8. Upon question by Mr. Sanson, Mr. Strock sta~ed that the term "inlet" mentioned in point 2 of the South Florida Water Management District refers to the openings for storm water to get into the under- ground drain. Vice Mayor Weekes stated that the City of Delray Beach is very fortunate to have a project come in at 4.8 units per acre on RM-10 property and he is glad to see it. Mr. Sanson moved that Council accept the preliminary plat of Homewood Lakes Subdivision subject to the comments as outlined in the agenda under item 9.c., seconded by Mr. Randolph. Said motion passed unanimously. 9.d. The Acting City Manager reported that an application has e~n received from Henry D. and Marjorie S. Roberson to annex a parcel of land subject to RM-10 (Multiple Family Dwelling) District. The subject property is in Section 28-46-43 and is located on the west side of Florida Boulevard, between Avenue "E" and La Mat Avenue. The Planning & Zoning Board, at a meeting held on July 19th, recommended by unanimous vote that the property be annexed subject to RM-10 (Multiple Family Dwelling) District. Council may either authorize the City Attorney to prepare an ordinance effecting the annexation or refer to workshop. Mr. Sanson asked what is presently located on this land. Mr. Wallin stated that one half of the property has a single family home on it at the present time and the other half of the property is vacant and is next door to Ralph Buick. Mr. Randolph moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Sanson. The motion was amended authorizing the City Attorney to prepare an ordinance - 16 - 7/25/77 359 effecting the annexation. Said motion passed unanimously. 10. The Acting City Manager recommended authorization to pay the ~l-~y's bills. Mr. Sanson moved that Council authorize payment of the City's bills, seconded by Mr.'Randolph. Said motion passed unanimously. General Fund ............... $282,310.79 Water & Sewer Fund ............ 115,499.15 Cigarette Tax Fund ............ 6,040.00 Beach Restoration Fund .......... 9,610.00 Mr. Randolph moved for the adjournment of the meeting, seconded by Mr. Sanson. Said motion passed unanimously. The meeting adjourned at 9:51 P. M. City Clerk APPROVED: 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 for July 25, 1977 which minutes were formally approved and adopted by the City Council on ~F~~~ ~ ~? 7 · 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 the City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amend- ments, additions, or deletions to the minutes as set forth above. - 17 - 7/25/77 360