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11-28-77 123 NOVEMBER 28, 1977 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, November 28, 1977 with Mayor James H. Scheifley, presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. 1. The opening prayer was delivered by Dr. Donald Clawson of St. Paul's Episcopal Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Chapin noted that the City has lost a great friend, Mayor Scheifley's brother-in-law, George Aspinwall, who died this morning. He stated it would be appropriate to bow our heads in a moment of prayer in memory of George Aspinwall. 3. Mr. Weekes moved for the approval of the minutes of the regular meeting of November 14, 1977 and the special meetings of November 8, 1977 and November 18, 1977, seconded by Mr. Randolph. Mr. Sanson stated in the minutes of November 8th special meeting, there was no indication where there were split votes on how each Council member voted. He asked that these minutes be retyped to reflect each Council member's vote. Mr. Weekes and Mr. 'Randolph accepted the amendment, said motion passing unanimously. Mayor Scheifley requested permission from Council to move items 6.i. and 6.p. up to this point on the agenda because he would be. leaving the meeting after these items have been acted upon. Mr. Chapin moved that these items be moved to this point on the agenda, seconded by Mr. Randolph, said motion passing unanimously. 6.i. The City Manager reported.the item of contract for refuse collection was discussed at the November 21st workshop meeting. He recommended that the City enter into a contract with the low bidder, SCA, in the base bid amount of $581,625.60 annually for collection of ~he City's refuse. Mr. Weekes noted at the workshop discussion, he was in favor of awarding this contract because of the financial considerations involved which would amount to a saving of some $250,000 annually plus savings in the capital outlay. Since that time, he has had a number of citizens call him and not one has been in favor of awarding this contract. They feel that the City's garbage and trash collection is superior, that the employees are dedicated and, if it costs more to continue to serve the people in the same way they are now being served, these people are willing to pay the extra. This is indicative of the kind of City we have where our citizens have always been will- ing to pay a little more to receive first class service. Mr. Weekes stated it is his intention to change his opinion on this item. Mr. Weekes moved that the City not enter into an agreement for private contract for the collection of refuse and trash and continue to collect refuse on the same basis as we have in the past, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor SCheifley - No. The motion passed with a 3 to 2 vote. Before roll call, the following discussion was had: Mayor Scheifley stated he agrees with Mr. Weekes' evaluation of the refuse collection service noting it is as good or the best in Florida, but he does not agree with his conclusion because, with this contract, the City will have as good service as we have now. If not, the contract can be cancelled. The City is taking a calculated risk and a lot of the people objecting to this contract are the same people who want a reduction in taxes. He stated he believes, if we can get the same service at a lower cost, it is to the advantage of the City and it should be done. As far as the allegations about this being the first step towards front yard pick-up, that is a lot of nonsense because this cannot be done without the approval of Council. It is in the best interest of the City to award this contract on the condition that there be no diminution of the services which we now receive. Mr. Chapin stated he agrees completely with the statements made by the Mayor and noted he was very impressed with the testimony that Mr. Paul Meyers, the City's consultant gave at the November 21st workshop meeting. His testimony outlined the trend in the last decade to 15 years where municipalities have gone to private contract, and they maintain the same level of service at a lesser cost to the tax- payers. At the present time, the City has excellent service. The only reason for making this change would be to offset a deficit of some $300,000, which we are losing on this operation to the detriment of the taxpayers. Mr. Chapin added he asked the employee who picks up his trash what he thought about this contract. This employee thought the contract was a good idea. Mr. Chapin stated this was the most telling testimony of all. Mr. Chapin stated he would hope that the majority of Council would consider the financial aspects of this matter and not further burden the residential and commercial users. This company, SCA, has been awarded 25 municipal contracts throughout the country in 1976. He stated he hoped that the motion, that is presently stated, is not passed and he would vote against it. Mr. Randolph stated since the November 21st workshop meeting, he has received numerous calls from citizens asking that Council not award this contract. Mr. Randolph noted he has given this a lot of thought and he sees no reason to change the collection of refuse and trash. Mr. Sanson noted during the Florida League of cities Convention in Orlando, he had the opportunity to spend 45 minutes with Mr. Meyers and they conversed on this subject. In the beginning, he was leaning towards the awarding of the contract and noted the contract, as proposed, has been quickly discussed and a much stronger contract could have been put together. He has some serious questions and if he had been present at that Workshop meeting, he could have received an answer to the letter from Waste Management, Inc. Their Contention, on a six day basis, is that their bid might be very ~competitive and that, apparently, has not been considered bY the City Manager. The City Manager informed Mr. Sanson this was con- sidered and Waste Management's alternate bid is $30,000 plus higher than SCA's low bid without the Saturday collection. Mr. Sanson questioned why there is such a great differential in our cost. Mr. Sanson stated a serious look should be made at the overall management system of our garbage and trash collection. To have such a vast percentage-wise difference in cost is very high and he would like to have some answers as to what can be done to get this difference down. Mr. Dan Meadows, 211 N.W. 1st Avenue, Delray Beach, spoke stating his opposition to the refuse and trash collection contract and added the City has an excellent collection department. 6.p. City Manager Mariott reported that Council informally agreed at the November 17th workshop to proceed with expansion of the water treatment plant pursuant to the DER-approved plans of December, 1975. The City Manager recommended that Council approve the following implementing actions: (1) Authorize the City's fiscal agents to prepare a 30-day study of financing methods that may be available for construction of the water treatment plant expansion program and any other significant water and sewer improvement programs that may be needed at this time. The fiscal study should consider both interim and long-range financing plans. (2) Authorize Russell & Axon to proceed with a 60-day advertising period to obtain bids based on the existing approved plans. - 2 - 11/28/77. 125 (3) Authorize Russell & Axon to prepare an application to the Department of Environmental Regulation for an operation permit with variance to allow testing for determination of possible alternate coagulants; such application to be filed at the time of receiving bids for construction. (4) Authorize Russell & Axon to coordinate and cooperate with the City's fiscal agents through the preparation of necessary engineering and cost data as required for the fiscal studies. Mr. Weekes moved that this item be tabled for a Special Council meeting to be called sometime prior to December 15th, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. Mayor Scheifley left at this point; the time being 7:25 P.M. Vice-Mayor Weekes took the chair. Mr. Sanson questioned if Council wanted to proceed to hire Mr. Anderson, to study the expansion of the water treatment plant. Vice-Mayor Weekes stated it is his understanding that the City has employed Mr. Anderson and Mr. Anderson is to proceed with the study. The City Manager stated that is correct. Mr. Sanson suggested that a meeting be held between Council and Mr. Anderson. Vice-Mayor Weekes noted he would have no objection to this meeting. Mr. Chapin noted that Mr. Anderson should be made aware of any suggestions, comments of alternative methods to proceed- ing with the lime softening treatment plan that was authorized by Council two years ago, which may have some bearing on his.assignment, to study the filtration rate of our existing plant. It~would be advantageous, in having been made aware of the proposed alternatives, that he return to Council at a workshop meeting. Vice-Mayor Weekes asked the City Manager to contact Mr. Anderson to set up a meeting with him and the Council. The City Manager replied, he would do so. The City Attorney stated it would be a good idea to have Mr. Moyle .present at the meeting also. Council agreed with the City Attorney's suggestion. Mr. Randolph stated if this meeting turns into a four hour discussion, he would allow one hour and then he would walk out. 4.a.1. Mr. Sanson asked for a brief report on the beack bathhouse. The City Attorney informed Council there was a hearing this morning at 8:45 A.M. to set an emergency hearing. The emergency hearing is set for December 8th at 8:00 A.M. This hearing is to dissolve the temporary injunction, or in the alternative, to require a bond. It is after that hearing we will know whether or not we can proceed in the near future. Mr. Sanson stated he did not understand why the motion to dissolve the temporary injunction did not address itself at all. He stated it should be a very important health aspect that there are no public restroom~facilities on the beach. The City Attorney noted this aspect may be addressed in a testimony at the hearing. Mr. Hanna, the architect for the beach bathhouse, will have to be present at that hearing. 4.a.2. Mr. Sanson questioned if the Chief of Police would be in charge of naming who the wrecker service will be in the City and that Council will have nothing to do with this. The City Manager replied, that is incorrect, and added it was determined by Council that the City administration would resolve the wrecker question. Mr. Sanson noted, since this was discussed at a prior workshop meeting, he would like the minutes to register his disagreement of the City administra- tion resolving this item. 4.a.3. Mr. Sanson spoke in reference to the memo received regarding additional employee benefits questioning if Council should have a say in this matter. The City Manager replied, Council should and it has always been the understanding between the administration and Council that all benefits extended to union members automatically be extended to all other City employees. - 3 - 11/28/77. 1,26 5. There were no public requests from the floor. 6.a.1. The City Manager reported he has received a request from ~athan Miller for final plat extension for a period of 30 days for the development of Homewood Lakes. Mr. Miller appeared befOre the Planning & Zoning Board and the Planning & Zoning Board, by unanimous vote, recommended that the final plat extension be approved for a period of 60 days from the date of City Council approval. If approved, the date would be January 27, 1978. Mr. Randolph moved that the final plat extension for the Homewood Lakes development be approved with a date of January 27, 1978, seconded by Mr. Chapin. Mr. Sanson questioned if they can proceed with the con- struction immediately. The City Attorney replied the developer cannot proceed until the improvements are in or until such time they have posted a bond for those improvements. Mr. Sanson suggested that Council start approving construction projects subject to water availability. Vice-Mayor Weekes stated the developers have to obtain their water permits from the County Health Department. The City Attorney noted the developers also receive approval from the City and, as part of the project approval process, the project plans are routed through the Utilities Department. He stated it would not hurt to put in the approvals subject to water availability. Mr. Randolph amended the motion to include: approval of the final plat extension for the Homewood Lakes Development subject to water availability. Mr. Chapin accepted the amended motion. The amended motion passed unanimously. 6.bo City Manager Mariott recommended that Council set the second regular meeting of Council to be held during the mo~th of December for 7:00 P.M. Tuesday, December 27th, as the second Monday will be observed by the City as a holiday (Christmas). Mr. Sanson moved that the second regular meeting of Council be held December 27th at 7:00 P.M., seconded by Mr. Chapin, said motion passing unanimously. 6.c. The City Manager recommended that Council authorize the entering of a contract with the Department of Community Affairs relative to receiving a $16,000 planning grant fund for planning purposes. Council should decide whether or not to name the City Manager as the City's representative. Mr. Chapin moved that Council approve the authorization of the City entering into a contract with the Department of Community Affairs relative to receiving a $16,000 planning grant fund and naming the City Manager as the City's representative, seconded by Mr. Randolph. The motion passed unanimously. 6.d. CitY Manager Mariott reported the Planning & Zoning Board at a meeting held on November 22nd, unanimously recommended that the City enter into a contract with Candeub, Fleissig and Associates for completion of all the necessary work to bring the City into full compliance ~ith the "Local Government Comprehensive Planning Act of 75" as well as the "701" requirements for the Land Use Plan and Housing Elements. Contract amount is $24,000 of which $16,000 will come from a State planning grant and $8,000 will be a match amount, to come'from the Planning Department's budget item, ~"Professional Services". The City Manager recommended that Council pass a motion approving the unanimous recommendation of the Planning & Zoning Board. Mr. Randolph moved that Candeub, Fleissig and Associates be retained for completion of all the necessary work to bring the City in full compliance with the "Local Government Comprehensive Planning Act of 75" as well as the "701" requirements for the Land Use Plan and Housing Elements, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Vice-Mayor Weekes - Yes. The motion passed with a 3 to 1 vote. - 4 - 11/28/77.~ 127 Before roll call, the following discussion was had: Mr. Sanson questioned what the cost was for the Coastal Zone Element for this firm. Mr. Serafin Leal, of Candeub, Fleissig and Associates, informed Council that contract would be void. Recently, the City approved a contract for $9,500 to do the Coastal Zone and Conservation Elements. It has been part of the elements required to get the state in compliance with the 1975 act. Mrs. Charlotte Durante of the Planning & Zoning Board, stated the Board has received excellent service from Mr. Leal and the Board feels his philosophy is very compatible with the intent of the Board and they are extremely pleased with the service he has given. Mr. Chapin noted he agrees with Mrs. Durante's statement. Mr. Chapin questioned why some of this work given to outside firms could not be handled by City employees. The City Manager noted there are two factors: time and availability of staff personnel to do the job and to stay abreast of current every-day work and the expertise that is needed for the particular task. Mr. Sanson noted he has been very close to the comprehensive plan and its intentions, goals and objectives and noted the City is paying out enough money to outside firms to hire two permanent employees. Mr. Sanson stated it would be very beneficial and important for the City to have in-house personnel that are familiar with the workings of the comprehensive plan. The City Manager stated there is no way the City could take $24,000 and hire two $12,000 temporary employees that would have the expertise that Mr. Leal's firm has in performing this specialized work. They would not have the contacts in Tallahassee as this firm does. Many times employees who are hired as temporary turn out to be permanent and, at the end of %he year, the City is faced with firing two employees or keeping them on the payroll at the taxpayer's expense. Mr. Leal pointed out if this work was being done from scratch, without any background material that has already been done by the staff, the cost would have been more. Mr. Chapin told Mr. Leal that Council and the Planning & Zoning Board owes him gratitude and thanks for the fine job he did with the Land Use Plan and the testimony to the expertise that went into that plan was that about 99% of the recommendations that the firm made were adopted by the Planning & Zoning Board and Council. 6.e. The City Manager reported the paving of S.W. 2nd Terrace, S.W. 2nd Court and S.W. 7th Avenue has been completed and Council should consider accepting the assessment roll. The total project cost is $27,196.62. The property owners' share (80%) is $21,757.30 and the City's share (to come from Special Assessment Fund) is $5,439.32. The City Attorney pointed out that Council can set a time to hear objections on the assessment roll or the City Clerk can set a date at such time as she publishes the notice and is fit into the Council schedule. Council agreed to have the City Clerk set a hearing date. Mr. Chapin moved to accept the assessment roll for the paving of S.W. 2nd Terrace, S.W. 2nd Court and S.W. 7th Avenue, seconded by Mr. Sanson, said motion passing unanimously. 6.f. City Manager Mariott reported the paving of Sterling Avenue has been completed and Council should consider accepting the assessment roll. The total project cost is $24,'389.97. The property owners' share (80%) is $19,511.98 and the City's share (to come from Special Assessment Fund) is $4,877.99. Mr. Chapin moved to accept the assessment roll for the paving of Sterling Avenue, seconded by Mr. Sanson. The motion passed unanimously. - 5 - 11/28/77. 6.g. The City Manager reported the Downtown Development Authority recommended to Council that Morgan Zook be appointed to fill the unexpired term of Don Jakubek on the DDA, which term expires July 1, 1978. This item was tabled at the October 10th meeting at the request of the City Attorney as he was studying whether or not Mr. Zook's service on the Board of Trustees Police and Firefighters Retirement System would prohibit service on another City Board. Mr. J. akubek has submitted his letter of resignation. Mr. Sanson moved that Mr. Morgan Zook be appointed to fill the unexpired term of Don Jakubek on the Downtown Development Authority with term expiring July 1, 1978, seconded by Mr. Chapin. The motion passed unanimously. 6.h. The City Manager reported due to the recent death of Mr. Robert Worthing, it will be necessary for Council to name a re- placement to the General Employees Retirement Committee. Mr. Sanson asked for an explanation of the function of this Committee. The City Manager replied it is the same as the Fire and Police Retirement Committee, but it is for the other City employees. Its duty is to administer the ordinance for the general employees. The committee makes sure that a person who makes application for retirement is eligible for retirement, they determine whether or not the person is being paid the right amount of his retirement pay, and they make recommendations to Council with respect to modifications of the ordinance. There are no specific terms of memberships. Council has the discretion of changing members and terms whenever they wish. Upon question by Vice-Mayor Weekes, the City Manager informed Council that Jack Saunders is the Chairman of this Committee and the members are Tom Weber, Mark Fleming and Leroy Croft. Mr. Randolph moved to appoint Nancy Roti to the General Employees Retirement Committee, seconded by Mr. Chapin, said motion passing unanimously. Mr. Sanson asked the City Manager if Council would be addressing the subject of abolishing those committees that were dis- cussed some months ago. The City Manager replied in the affirmative saying it would be discussed in the near future. 6.i. This item was discussed earlier in the meeting. 6.j,. City Manager Mariott stated Council should consider authorizing Arthur V. Strock & Associates~-~nc.,to proceed with the Environmental Monitoring Program for the Delray Beach Maintenance Nourishment Project as required by the Corps of Engineers. The cost for this 7 week project _ is estimated as follows: Federal $8,840 State 8,370 Local 2,790 TOTAL $20,000 The City Attorney noted this motion authorizing the firm to perform the work should be subject to a determination that compliance with the Competitive Negotiations Act is not necessary. Mr. Chapin moved the authorization of Arthur V. Strock & Associates, Inc.,to proceed with the Environmental Monitoring Program - 6 - 11/28/77. 129 for the Delray Beach Maintenance Nourishment Project for the seven week project with a total cost of $20,000 which is required by the Corps of Engeers and it is not necessary to comply with the Competitive Negotiations Act, seconded by Mr. Randolph. The motion passed unanimously. 6.k. The City Manager reported the following bids were received for construction of water main, Barwick Road loop: BIDDER QUOTATION Plantation Construction, Inc. $134,990.00 Plantation, Florida Barile Excavating & Pipeline Co., Inc. 145,750.00 Lake Park, Florida City Manager Mariott recommended that the award be made to the low bidder, Plantation Construction, Inc~, in the amount of $134,990, with financing from EDA funding. Mr. Chapin moved to award the bid of $134,990.00 to the firm of Plantation Construction, Inc.,as the low bidder for the construction of a water main, Barwick Road loop, seconded by Mr. Sanson. The motion passed unanimously. Mr. Chapin noted the local EDA public grant amount is $141,000 and the bid amount is $134,990. He asked if the remainder of. this money woUld be kept by the City. The City Manager. replied the total cost of the project will actually be more than $141,000 as there are other expenses involved. The bid amount does not include engineering. 6.1. City Manager Mariott reported Council informally agreed at the November 21st workshop meeting to reimburse the firm of Cresap, McCormick & Paget in the amount of $1,000 for legal fees they incurred relative to the George Clemens case. The total legal fees they said they incurred were approximately $9,000. This amount would come from the legal services account of the city Attorney's budget. Mr. Chapin moved that Council authorize the reimbursement of $1,000 to the firm of Cresap, McCormick & Paget for legal fees incurred relative to the George Clemens case, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Vice-Mayor Weeks - Yes. The motion passed with a 3 to 1 vote.. Mr. Sanson stated he would not vote to support this motion, as he did and does not feel that there is a reason to keep these police investigation tapes from the public. He stated he feels that the firm took it upon themselves to try and defend the tapes.and not release them. Council never discusse~ the question of ~ne tapes being released and were never asked to discuss it. 6.m. The City Manager reported Council at the November 21st work- shop meeting, gave its permission to place this item on the agenda to authorize the retaining of the labor law firm of Muller, Mintz,. Korn- reich, etc., for their review and analysis of the proposed question - 7 - 11/2S/77. to be placed on the March ballot which would require an employee to choose between collective bargaining and Civil Service. Their fee for in-office work is $75 per hour and for out-of-office work is at the per diem rate of $450 prorated based upon an 8 hour day, plus reasonable expenses. It is suggested that a cap of $1,500 be placed. Mr. Sanson moved that the firm of Muller, Mintz, Kornreich, etc., be retained for their review and analysis of the proposed question to be placed on the March ballot which would require an employee to choose between collective bargaining and Civil Service, with a cap of $1,500, seconded by Mr. Chapin. The motion passed unanimously. 6.n. City Manager Mariott reported a communication has been received from Lake Lytal, Temporary Chairman of the Metropolitan - Planning Organization, requesting that Council recommend a replacement for Council member David Randolph, who has resigned from the organizatio Council member Ron Sanson has expressed his desire to represent the City Mr. Chapin moved to appoint Mr. Ron Sanson to serve on the Metropolitan Planning Organization, seconded by Mr. Randolph, said motion passing unanimously. 6.o. The City Manager recommended that Council authorize the purchase of twenty waste receptacles for City parks at a cost of approximately $2,500. Upon question by Vice-Mayor Weekes, the City Manager informed Council these are not budgeted funds;, however, the money will come from the Parks & Recreation budget. Mr. Chapin noted the need for waste receptacles ~as brought to Council's attention by Mrs. Phyllis Carey. Mr. Chapin moved that Coun'cil authorize the purchase of 20 waste receptacles for the City parks with cost not to exceed $2,500, seconded by Mr. Randolph. The motion passed unanimously. 6.p. This item was discussed earlier in the meeting. 7. There were no petitions and communications. 8.a. City Manager Mariott reported that Resolution No. 64-77 is commending the Police Department. The City Manager presented Resolution No. 64-77. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE DELRAY BEACH POLICE DEPARTMENT FOR THE POLICE WORK IN THE INVESTIGATION, APPREHENDING THE CRIMINALS AND SEIZING OF A STRIKER YACHT, BOSTON WHALER AND VAN IN A RECENT NARCOTICS ARREST. (Copy of Resolution No. 64-77 is on file in the official Resolution Book.) Mr. Chapin moved for the adoption of Resolution No. 64-77] seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. - 8 - 11/28/77. 131 8.b. The City Manager recommended that Resolution No. 65-77 accepting the water distribution system and sewage collection/trans- mission system to serve Arby's International Restaurant, located on S.E. 9th Street and S.E. 5th Avenue be approved as operational. The City Manager presented Resolution No. 65-77. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING THE WATER DISTRI- BUTION SYSTEM AND THE SEWAGE COLLECTION/TRANSMISSION SYSTEM WHICH INCLUDES A SEWAGE PUMP STATION, CON- STRUCTED TO SERVE ARBY'S INTERNATIONAL RESTAURANT, LOCATED ON SOUTHEAST 9TH STREET AND SOUTHEAST 5TH AVENUE, DELRAY BEACH, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SYSTEMS. (Copy of Resolution No. 64-77 is on file in the official Resolution Book.) Mr. Randolph moved for the passage of Resolution No. 65-77, seconded by Mr. Chapin. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. Mr. Sanson stated Arby's is a beautiful addition to the City and noted the advantages of having a Community Appearance Board. He stated he hoped that the rest of the new commercial establishments will follow suit. Vice-Mayor Weekes publicly commended Mr. Sanson's efforts in establishing the Community Appearance Board. 8.c. City Manager Mariott reported Ordinance No. 70,77 is amending Chapter 29 "Zoning" of the Code of Ordinances relative to off-street parking, and is before Council for passage consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 70-77. 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 REPEALING SECTION 29-18(B) (2) AND ENACTING A NEW SECTION 29-18(B) (2) PERMITTING AN ALTERNATE OFF- STREET PARKING SITE TO BE USED IN CONJUNCTION WITH A PRINCIPAL USE OR BUILDING LOCATED IN THE COMMERCIAL, INDUSTRIAL OR RM-15 ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 70-77 is on file in the official Ordinance Book. ) The city Manger read the caption of the ordinance. A publiq~ 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. - 9 - 11/28/77. .132 Mr. Chapin moved for the adoption of Ordinance No. 70-77 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. The motion passed with a 4 to 0 vote. 8.d. The City Manager reported Ordinance No. 79-77 is before Council for passage consideration on Second and FINAL Reading. This ordinance will amend Chapter 29 "Zoning" of the Code of Ordinances relative to the access dimensions of the off-street parking. This ordinance modification was triggered by the construction of the parking lot at Worthing Park. This ordinance was passed on First Reading at the November 14th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sche- duled to be held at this time. The City Manager presented Ordinance No. 79-77 . 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 29-18(B) (7) ACCESS DIMENSIONS (a); SECTION 29-18 (C) (3) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-77 is on file in the official Ordinance Book. ). The City Manager read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 79-77 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. The motion passed with a 4 to 0 vote. 8.e. The City Manager stated Ordinance No. 38-77 is repealing ~napter 23A "Subdivisions" of the Code of Ordinances and substituting a new Chapter 23A "Subdivisions". This is before Council on First Reading. This ordinance was deferred at the June 13th meeting for further study. The City Manager presen'ted Ordinance No. 38-77. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 23A "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 23A ENTITLED "SUBDIVISIONS" REGULATING THE SUBDIVISION AND PLATTING OF PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. - 10 - 11/28/77. 133 Vice-Mayor Weekes asked the City Attorney to give a resume' of the changes he made in the ordinance. The City Attorney noted there is some discrepancy regarding streets on page 21 and the provision in Chapter 23, which is the provision of the City Code dealing with streets. In Section D, it would be appropriate to strike paragraphs 1, 2 and 3 and provide streets to conform with the requirements of Article 2, Chapter 23 of the Code of Ordinances of the City. That Chapter was designed to apply to all public and private streets and does contain the construction standards, width requirements, paving requirements, etc., for the streets. Mr. Sanson asked Mr. Tore Wallin, a member of the Planning & Zoning Board, if he sees any reasons why this should not be done. Mr. Wallin replied no. The City Attorney noted it is necessary to make these changes because the consultant had drafted this section before we had the special sub-committee that met on the streets and they made the changes. Upon question by Mr. Chapin, the City Attorney informed Council the redraft of tke City's ordinance was prepared by Candeub Fleissig and Associates. The City Attorney noted when this ordinance was before Council for First Reading, Mr. John Stewart, from the firm of Suiter & O'Brien, appeared before Council regarding several provisions in the ordinance that needed changes. There was a committee formed to discuss these changes and Bob Ermovick of the Planning Department wrote a memo to Dan Kotulla which delineates those changes made by that committee. The City Attorney spoke in reference to State Statute 177, which is the platting law of the State of Florida, which provides that the final plat can be drawn on either tracing paper ormilar. This was a minor change. The ci'ty Attorney noted there was a question raised regarding street names having to be the same name which is on the plat. This is required by the current subdivision ordinance and Council has entertained a couple of applications for change of street names that were not the same as on the plat. That is now changed in the ordinance so it will have the approved name unless otherwise approved by Council. There is also the dedication requirements in the ordinance which he has discussed with the members of the Planning & Zoning Board, on Tuesday, and they agreed the provisions relating to single family requirements would be left in as is and the multi-family dedication requirements would be excluded at this time and he would discuss this further with the Planning H Zoning Board. On page 18, it requires that in a plat for single family sub- division, a certain percentage of the site would be dedicated depending upon the lot sizes in the subdivision. Those percentages are a recommenda- tion of the consultant. Mr. Chapin stated this .ordinance should not be passed on first reading until the differences are resolved by the City Attorney and the Planning & Zoning Board. He added he would not want this ordinance passed knowing it has to be amended. Mrs. Charlotte Durante, member of the Planning & Zoning Board, noted there is a need to pass this ordinance on first reading, as some of the developers in the City are waiting for this, and noted the multi-family dedication requirements could be resolved before second and final reading. The City Attorney noted, upon question by Mr. Sanson, that in PRD subdivisions, it includes the platted single family lots and then a plat of the over-all boundary of the remaining multi-family area. - 11 - 11/28/77. 134 Mr. Sanson asked the members of the Planning & Zoning Board to study the Parks & Recreation areas and stated he would like to see more land required for dedication of open spaces. Mr. Randolph moved for passage of Ordinance No. 38-77 on First 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. The motion passed with a 4 to 0 vote. The City Attorney stated the motion should include: Page 21, in conformance with Article 2, Chapter 23 of the Code of Ordinances. Mr. Randolph and Mr. Sanson accepted the amendment. The City Attorney noted, upon question by Vice Mayor Weekes, that this would be in corrected form before passage on second and - final reading. 8.f. City Manager Mariott reported Ordinance No. 72-77 is amending Ordinance No. 61-77 which amended Chapter 29 "Zoning" of the Code of Ordinances relative to zero lot line developments. At the November 14th Council meeting, this was referred to the Planning & Zoning Board for study and recommendation. The City Manager presented Ordinance No. 72-77. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 61-77 WHICH AMENDED CHAPTER 29 "ZONING" OF THE CODE. OF ORDINANCES SECTIONS 29-6 RM-6(P), 29-7 RM-10 (P), 29-8 RM-15 (P), 29-8.1 PRD-4 (~), 29-8.2 PRD-7 (R), 29-8.3 PRD-10 (R) SPECIAL REGULATIONS BY ADDING THE WORDS "IN ZERO LOT LINE DEVELOPMENT"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson moved for the passage of Ordinance No. 72-77 on First 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. The motion passed with a 4 to 0 vote. 8.g. The City Manager stated Ordinance No. 73-77 is amending Chapter 29, Section 29-1 "Zoning" of the Code of Ordinances by adding zero lot line development. At the November 14th Council meeting, Council referred the matter to the Planning & Zoning Board for study and recommendation. The City Manager presented Ordinance No. 73-77. 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 29-1 "DEFINITIONS" BY ADDING ZERO LOT LINE DEVELOPMENT; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Chapin moved for the passage of Ordinance No. 73-77 on First Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Chapin-¥es; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote.' - 12 - 11/28/77. 135 8.h. City Manager Mariott reported Ordinance No. 74-77 is amending Chapter 13A "Employer-Employee Relations" of the Code of Ordinances relative to changing local PERC to conform with State PERC. This ordinance has been amended to reflect a reduction from five to three in membership on PERC. The City Manager presented Ordinance No. 74-77. An Amendment to and Replacement for Ordinance Nos. 68-74, 33-75, and 19-76. AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2 (b) OF THE 1968 FLORIDA CONSTITUTION AND CHAPTER 166 OF THE FLORIDA STATUTES, AND CHAPTER 447, FLORIDA STATUTES,. RELATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; EXPRESSING A STATEMENT OF POLICY, DEFINING COMMISSION, PUBLIC EMPLOYER OR EMPLOYER, PUBLIC EMPLOYEE, MANAGERIAL EMPLOYEES, CONFIDENTIAL EMPLOYEES, STRIKE, STRIKE FUNDS, BARGAINING UNIT, CHIEF EXECUTIVE OFFICER FOR THE PUBLIC EMPLOYER, LEGISLATIVE BODY, EMPLOYEE ORGANIZATION OR ORGANIZATION, BARGAINING AGENT, PROFESSIONAL EMPLOYEE, COLLECTIVE BARGAINING, MEMBERSHIP DUES DEDUCTION, CIVIL SERVICE, GOOD FAITH BARGAINING; PROVIDING A METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION AND STATING ITS POWERS AND DUTIES; PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; EXCLUDING RETIREMENT FROM COLLECTIVE BARGAINING; PROVIDING PAYROLL DUES DECUCTION AND TIME THEREOF; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, ~ RECOGNITION AND CERTIFICATION OF EMPLOYEE ORGANIZATIONS AND BARGAINING AGENTS AND INTERVENTION BY 10 PERCENT SHOWING OF EMPLOYEES IN A PROPOSED UNIT; PROVIDING FOR PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS AND PROVIDING FOR AN ANNUAL FINANCIAL REPORT AND FEE FROM EMPLOYEE ORGANIZATIONS; PROVIDING FOR COST OF ELECTIONS; PROVIDING FOR RATIFICATION OF AGREEMENTS; PROVIDING GRIEVANCE PROCEDURES AND ELIMINATING MANDATORY GRIEVANCE PROCESSING; PROVIDING PROCEDURES FOR RESOLUTIONS OF IMPASSE AND ELIMINATING AUTOMATIC IMPASSE PROCEDURES: PROVIDING FACTORS TO BE CONSIDERED BY SPECIAL MASTER AND CLARIFYING SPECIAL MASTER PROCEDURES; PROVIDING FOR COMPENSATION AND EXPENSES OF MEDIATOR AND SPECIAL MASTER; PROVIDING FOR NOTICE AND AVAILABILITY OF RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES AND CHANGING APPEAL PROCEDURES FOR UNEAIR LABOR PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR AWARDING COST OF LITIGATION AND REASONABLE ATTORNEY FEES IN UNFAIR LABOR PRACTICE CHARGES; CLARIFYING THE APPLICATION OF SUNSHINE PROVISIONS; PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. - 13 - 11/28/77. The City Manager read the caption of the ordinance. The City Attorney informed Council the ordinance will repeal the existing con~ission on its effective date and will necessitate the reappointment of the members of which we have three and one alternate. There is also one other provision in the State Statute that is not included in this ordinance. He added he checked with one of the PERC members as to whether or not this provision would be required in the ordinance, and he was informed this provision does not have to be in the ordinance. This provision pertains to not appointing someone to the commission who has a recognized background in labor or management. The ordinance should be approved in it s present form and this Provision may be included later. Mr. Sanson moved for the passage of Ordinance No. 74-77 on first 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. The motion passed with a 4 to 0 vote. 8.i. City Manager Mariott reported Ordinance No. 76-77 is amending Chapter 18 "Peddlers and Solicitors" prohibiting peddlers. This was discussed at the October 17th workshop meeting. The City Manager presented Ordinance No. 76-77. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF. THE CITY OF DELRAY BEACH, FLORIDA, BY PROHIBITING PEDDLERS AS DEFINED IN SECTION 18-1(b) FROM OPERATING IN THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mr. Sanson asked the City Attorney, in his discussions with the Department Heads, if they (department heads) felt this ordinance is enforceable. The City Attorney advised he has not received any comments from the Police Department; however, he did receive a comment from the Building Department saying it was acceptable. The City Manager advised he received word from the Police Chief that it would just have to be added to the enforcement list. Mr. Chapin stated he has some reservations, from his legal background, as to enforceability, and noted he would vote for this on first reading with assurance that he would further look into this. If he feels this has shortcomings from the legal point of view, he reserves the right to change his vote. Mr. Chapin noted in the third whereas clause, there is a misspelling wears should be WARES. This was noted by Council. Mr. Sanson asked if there is a need to address the area of telephone solicitations. The City Attorney noted there is a pro- vision in the ordinance regarding telephone solicitations and there is a question of being able to enforce that provision. City Attorney Saberson added the thought Mr. Sanson is referring to is the PBA solicitations and this will have to be attacked in a different manner; trying to regulate ~telephone solicitations that are occuring from a place outside the City would be very difficult to regulate. Mr. Sanson stated he would like to see what can be done to stop the PBA Solicitations in this City. The City Attorney stated the problem has to be attacked from a standpoint different from trying to pro- secute a telephone solicitation; he has discussed, with some members of the business community, sending out an informational sheet on the PBA and possibly placing posters in windows pertaining to the PBA to try and have a public education drive concerning what the organization is about; which is, in fact, a labor union. - 14 - 11/28/77 137 Mr. Sanson asked the City Attorney if he made a determination on whether or not there is some requirement that a Council member serve on the Solicitations Committee. The City Attorney replied he has talked with Mr. Shandy regarding this and the Solicitations Committee does not exist under City ordinances. This is a C~mmittee that Council has referred matters to and has worked with. Mr. Randolph moved for the passage of Ordinance No. 76-77 on first reading, seconded by Mr. Chapin. Mr. Sanson asked that the City Manager, in a brief memo, describe where the committee meets, how often they meet and who the members are. The City Manager replied he thinks the committee meets at the Chamber of Commerce. Upon roll call, Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Vice-Mayor Weekes - Yes. The motion passed with a 4 to 0 vote. 8.j. The City Manager reported Ordinance No. 80-77 is relative to annexing a 25.62 acre tract of land located in Section 13-46-42 south of the Lateral 32 Canal between Military Trail and Barwick Road subject to RM-6 (Multiple Family Dwelling) District. Council, by passage of Resolution No. 47-77, requested the Board of County Commissioners for permission to rezone the land to be annexed from County zoning classification AG (Agricultural) to the City's zoning classification RM-6 (Multiple Family Dwelling) District. Permission has been received from the Board of County Commissioners to rezone the subject property to City zoning classification. The City Manager presented Ordinance No. 80-77. AN ORDINANCE OF THE CITY COUNTIL OF THE CITY OF DELRAY BEACH,-FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager read the caption of the ordinance, and noted this is the Barwick Golf Course property. Mr. Sanson moved for the passage of Ordinance No. 80-77 on First Reading, with the contingency that any non-conforming free- standing signs located on this property and, also, the non-conforming illegal sign located at the corner of Congress Avenue and Lake Ida Road advertising the Barwick Golf Course be removed. The City Manager stated he is not sure the sign at the corner of Congress and Lake Ida Road is on the Barwick property. Mr. Sanson noted Mr. Muroff, the owner of that property on the corner, indicated that it is the responsibility of the owner of the golf course to remove the sign. The City Attorney stated he feels that the passage of this ordinance should not be made contingent upon the removal of signs and explained conditions to an annexation may be added; however, there should be a uniform policy and perhaps, Council should examine a policy at a workshop meeting. The City Manager pointed out the conditions, in the past, have always been on the site that was being annexed. The City Attorney added when someone is annexed into the City, it is provided by the State annexation Statute that they become subject to all laws, ordinances, rules and regulations of the City to which they are being annexed. One of the laws they would become subject to, in this instance, is the law pertaining to removal of non-conforming signs. What may be happening, in this case, would be creating a requirement for this particular property owner, which is more restrictive than the general requirement applied to similar properties, and this should be considered by Council. Mr. Sanson noted he is trying to have some illegal signs removed, since he feels it is the right opportunity. Mr. Chapin offered the following amended motion: That the signs on the subject property that are non-cohforming and free- standing be removed. Mr. Sanson accepted the amended motion, and was - 15 - 11/28/77. seconded by Mr. Chapin. Vice-Mayor Weekes noted he shares Mr. Sanson's concern for getting rid of the-non-conforming signs but he would not vote for the amended motion. He added he would rather pass the ordinance, as written, and discuss with the City Attorney at a workshop meeting, the establishment of a policy. He noted he does not like the skipping over of some of the properties and a standard policy should be established. Mr. Chapin noted he concurs with Mr. Weekes and he thinks it would be a good idea to discuss this at a workshop. Mr. Chapin suggested, if Mr. Sanson is agreeable, to have workshop discussion on this. The City Attorney pointed out that Council approved an amendment to the annexation agreement which specifically advises the applicant that he may have to comply with certain requirements pertaining to the removal of non-conforming signs and buildings. This is in the context of the person being annexed and being put on notice that they must comply with our ordinances. What you are doing tonight is saying that, in addition to complying to our ordinances, you must comply with these other requirements. The City Attorney pointed out what he is saying is that, if you want to attach conditions to annexation, Council adopt an ordinance so that would be a law of the City that, when some property is annexed, they will comply with certain conditions. This then would comply with the State Annexation Act that when property is annexed, they comply with all the laws, rules and regulations of the City. At that time, it would be a standard annexation policy. Mr. Sanson withdrew his original and amended motion and Mr. Chapin withdrew his second. - Mr. Chapin moved for the passage of Ordinance No. 80-77, on First 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. The motion passed with a 4 to 0 vOte. 9.a. Vice-Mayor Weekes informed Council he has a business relationship with the petitioner which may constitute a conflict of interest. The City Manager reported the Planning & Zoning Board'at a meeting held on November 15th, recommended by unanimous vote that the site and development approval request of Rainberry Bay ~ection lA), located at the northwest corner of the intersection of Lake Ida Road and Davis Road be approved, subject to the following: (1) Compliance with the requirements of the Community Appearance Board as stated in their October 26th minutes. (2) Compliance with the requirements of the Lake Worth Drainage District as stated in their letters of September 26th. (3) Approval of the City Attorney's office as to documentation pertaining to common areas. (4) A time limitation of 18 months be set for development of the project. Mr. Sanson asked if a condition could be put in for approval, subject to the water availability. City Attorney Saberson replied all the projects should be approved subject to the availability of water. Mr. Chapin moved that Council adopt the recommendation of the Planning & Zoning Board to approve the site and development plan for Rainberry Bay (Section iA), subject to the conditions as outlined in tonight's agenda in preface under item 9.a. and subject to the availability of water, seconded by Mr. Randolph. The motion passed unanimously. - 16 - 11/28/77. 139 9.b. City Manager Mariott reported the Planning & Zoning Board at a meeting held on November 22nd, recommended by unanimous vote that the site plan modification request for an office building for Charles Toth at the northwest corner of the intersection of N.E. 5th Terrace and N.E. 3rd Avenue to allow a 470 square foot addition to his existing office building be approved as a minor modification. Vice-Mayor Weekes stated if this is a minor modification, why does it have to come before Council. The City Manager replied the Planning & Zoning Board does not have final approval. Mr. Chapin moved to approve the recommendation of the Planning & Zoning Board to approve a site plan modification request for an office building for Charles Toth at the northwest corner of the intersection of N.E. 5th Terrace and N.E. 3rd Avenue to allow a 470 square foot addition to his existing office, seconded by Mr. Randolph. The motion passed unanimously. Before roll call, the following discussion was had: Mr. Sanson asked if this addition infringed on the setback areas. Mr. Toth, the applicant, stated it does not infringe on the setback areas and is meeting all the setback requirements. 9.c. The City Manager reported the Planning & Zoning Board, at a meeting held on November 15th, recommended by a vote of 4 to 2 (Carey and Hill dissenting) that the Milani-Thomas rezoning request of a parcel of land from RM-15 (Multiple Family Dwelling) District to RM-10 (Multiple Family Dwelling) District located in Section 29-46-43, east of Jaeger Drive, between Curlew Road and Dotterel Road not be rezoned from RM-15 to RM-10 because the density is too high for the location. A second motion passed unanimously recommending that the Planning Department readvertise this property for rezoning from RM-15 to RM-6. Council may uphold the action of the Planning & Zoning Board or refer the matter to a future workshop meeting. City Manager Mariott noted the City Attorney has advised him that it is not necessary that Council take action on this and this item may be skipped over or it may be discussed. City Attorney Saberson pointed out this was referred to Council with the idea that this was a rezoning request requested by the property owner; however, this was initiated by the City in the review of the comprehensive plan and the implementation of that plan. Originally, the recommendation from the Planning & Zoning Board was a rezoning from RM-15 to R-1AA and then there was a reconsideration. This was one of the parcels of land excluded at the Planning & Zoning Board level from the recommendations they were sending to Council. City Attorney Saberson recommended that this be skipped over. Council agreed to skip this~item. 9.d. The City Manager reported the Planning & Zoning Board at their November 15th meeting, unanimously recommended that the final plat approval request of Abbey Delray (Phase II), located on the south side of Lowson Boulevard between Congress Avenue and the E-4 Canal be approved, subject to the following: (1) Compliance with the requirements of the City Engineer as stated in his November 2nd memorandum. (2) Compliance with the requirements of the South Florida Water Management District as stated in their November 4th letter. Mr. Chapin moved that Council accept the recommendation of the Planning & Zoning Board for ~the approval of the final plat of Abbey Delray (Phase II), subject to the conditions as outlined in tonight's agenda in the preface under item 9.d. and subject to water availability, seconded by Mr. Randolph. The motion passed unanimously. The City Attorney noted the City received a letter, approximately t~o weeks ago, from the Health Department delineating seven projects that were guaranteed to have water availability. It was the City Attorney's thought that these were projects that were already approved as opposed to projects that were just in process. - 17 - 11/28/77. 9.e. The City Manager reported the Planning & Zoning Board at their November 22nd meeting, unanimously recommended that the site plan modification for Tropic Bay development at the southeast corner of the intersection of Florida Boulevard and Dogwood Drive be approved as a minor modification. The modification consists of the following: (1) Buildings 5 and 10 were reduced from 25 units to 24 units. (2) Buildings 6 and 11 were reduced from 30 units to 24 units. (3) Carports were added to the east side parking areas of buildings 5,6, 10 and 11. (4) Parking areas were removed between buildings 5,6,10 and 11. This would reduce density by seven dwelling units. Mr. Chapin moved that Council approve the unanimous recommendation of ~the Planning & Zoning Board relative to a site plan modification for Tropic Bay development, seconded by Mr. Sanson, said motion passing unanimously. 10. The City Manager recommended that Council authorize payment of the City's bills. Mr. Chapin moved that Council authorize payment of the City's bills, seconded by Mr.-Randolph. The motion passed unanimously. General Fund ................. $283,233.80 Cigarette Tax Fund .............. 6,105'.00 Special Projects Fund ............ 3,540.00 FED Public Works Fund ............ 104,653.50 Water and Sewer Fund ............. 63,674.70 Mr. Sanson moved, at 9:10 P.M. for the adjournment of the meeting, seconded by Mr. Randolph, said motion passing unanimously. ~,~tW?~ -ct~~ City Clerk 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 November 28, 1977 which minutes - were formally approved and adopted by the City Council on 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 amendments, additions, or deletions to the minutes as set forth above. - 18 - 11/28/77.