01-28-74 233
~ANUAR__Y~2o~Sx 1974
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday,
January 28, 1974, with Mayor James H. Scheifley presiding, City Mana-
ger J. Eldon Mariott, City Attorney G. Robert Fellows and Council
members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M.
Weekes present.
1. The opening prayer was d~livered by Rev. David Travis of Unity
of De!ray Beach.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of January 14, 1974,
were approved unanimously on motion by Mrs. Krivos and seconded by
Mr. Randolph.
4.a. Mayor Scheifley read a Proclamation proclaiming the week of
February I0 through 16, 1974, as Electrical Week sponsored by the
Florida East Coast Chapter of the National Electrical Contractors Asso-
ciation, Inc.
4.b. Mayor Scheifley read a Proclamation proclaiming February 15 and
16, 1974, as P.oppy Days sponsored by the American Legion Auxiliary,
Unit No. 188.
5.a. Mr. LeRoy Merritt of Delray Beach spoke from the floor as Presi-
dent of the Delray Beach Police Benevolent Association concerning what
the Association believes to be a critical problem in the Delray Beach
law enforcement complex. He indicated a desire to discuss the under-
lying problems and presented each Council member with a booklet prepared~
by the Association to be studied and commented upon at a later date.
5.b. Mr. J. W. Dunbar, Beach Property Owners' Association, spoke from
the floor stating .several speakers would like to be heard on the subject
of beach acquisition. He stated that at the time Item 8e on the Agenda
is discussed, the speakers representing the Association would like to
be heard.
5.c. Mr. Nichalis Koni of 146 Australian Avenue, Palm Beach, New York,
and Italy stated he was a sculptor and had prepared a model of an his-
torical documentation of the Barefoot Mailman to be used in the cele-
bration of the Bicentennial Anniversary of the United States. His
presentation was given to Mayor Scheifley and Mr. Koni asked Council
to consider his project and contact him regarding their decision..
6.a. City Manager Mariott recommended Council~.aut~orize the City Clerk
to comply with the Ordinance concerning several parcels of land in vio-
lation of City nuisance laws. Mr. Weekes so moved,"seconded by Mr.
Sm'nders, said motion passing unanimously.
6.b. The City Manager stated it was necessary that certain water and ~
sewez lines be relocated in connection with the planned interchange
at 1-95 and West Atlantic Avenue. The city's portion of the cost of'
this project is estimated to be $7,290. The following bids were re-
ceived for construction of the project:
234
SEC. I SEC. II
B..DD]~.R WATER WATER TOTAL
Gulfstream Construction
Co., Inc. $ 97,701.00 $12,895.00 $110,596.00
Big Four Construction Co $111,565.70 $23,512.00 $135,0'77.70
It is reconunended that Council commit the City to pay its
share of the cost of-the relocation expense in the amount of $7,290.00
with the balance to be paid by the Florida Department of Transporta-
tion. It is further recommended that Council approval of this arrange-
ment be subject to prior approval, of both the Department of Transporta-
tion and the Federal Government. Further, it is recommended that the
City's share of this contract price be paid from the City's Water and
Sewer Contingency Account. Mr. Saunders moved 1- the City enter into
the agreement with the Department of Transportation with the City
paying its pro rata share in the amount of $7,290.00; 2- that the low
bid be awarded to Gulfstream Construction Company, and 3- that the
funds for such project be taken from the City's Water and Sewer Con-
tihgency Account. Mr. Randolph seconded the motion which passed
unanimously.
6.c. The City Manager stated the following bids have been received
by the City for construction of a sand retention wall on the beach:
B~DDER BID
Hawkins & Mouw, Inc. $142,955.06
Webb General Contracting, Inc. 156,204.90
A.M.&J. Construction, inc. 172,588.25
It is reconune~ded that Council authorize by motion the award
of the contract to the low bidder, Hawkins & Mouw, Inc., in the amount
of $142,955.06 with the financing for the project to be taken from the
City's Beach Restoration Bond Issue Account. The City Manager stated
the wall would be approximately 3500 feet in length with the northern
point being the juncture with the southern end of the waffle-type
revetment and the southern terminal point being on the beach at Casau-
rina Road. The height of the wall will be approximately 4 feet and
will be located approximately 10 feet from the sidewalk. Mr. Weekes
questioned the difference between this wall and the wall for which
the City previously had bids. The City. Manager replied two main fea-
tures were involved; 1- the height of the wall which accounted sub-
stantially for the increase in price, and 2- the location of the wall
itself in relation to the vertical placement. The wall will be con-
structed of concrete block with steel reinforcement placed within the
footer. Steps and entrance ways would be at intervals of approximately
100 to 150 feet including an entryway for wheelchairs. A copy of'the
plans of the wall was shown to Council. The footer will be 8" deep x
3' wide, which should provide a substantiai'wali~' ~r. Weekes moved
the contract be awarded to the low bidder, Hawkins & Mouw, Inc., in
the amount of $142,955.06, the cost te come from the'Beach Restoration
Bond Issue Account. Mr. Saunders seconded the motion. Mr. Jack Pitts,
Seacrest Lane, spoke from the floor recon~ending the use of landscaping
for r~ention of sand rather than the wall. Mr. Pitts' comments pre-
cipitated considerable discussion among Council members and the follow-
ing members of the audience: Mr. Erwin W. Kresser, Mr. Ron Sanson,
Mr. S. W. Mears, Mr. E. B. Swanson, Mr. Frances Hogan, and Mr. R. A.
Wachtter. The perccntage of sand retention by the wall, the effect
of landscaping with and without the wall, the stability of the wall,
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" 1-,2B-74
the maintenance cost of the beach without tile wa.~, the installation
of a test section of the wall and d~rainage %~?ere among the questions
and doubts raised by the ~- ~ w ~
.~p~a~.er~ and Council menfbers. It was the
consensus of Council that sufficient question remained concerning
the advisability of the installation of the wall at the present time
to cause a reevaluation of the project at a workshop meeting. 'It was
suggested tha{ engineers and architects be invited to attend such a
meeting to provide Council with information necessary to finalize a
decision on the project. Mr. Weekes withdrew his motion with Mr.
Saunders withdrawing his second. Mr. Saunders then moved to table
the project, seconded by Mr. Randolph, said motion passing unani-
mous ly.
6.d. The City Manager stated the City had received the following
bids for providing the City with General Liability, Automobile
Physical Damage, Commercial Umbrella and Workman's Compensation In-
surance for a one year period beginning February 1, 1974:
Plastridqe Atlantic Berr~ Bateman
General Liability
$i,000,000 Limit $ 58,423 $ 34,850 $108,144 $ 37,000
Automobile Liability 18,426 34,749 Included -0-
Automobile Physical
Damage 6,331 4,662 Included -0-
Umbrella, $4,000,000 7,963 9,421 -0- -0-
Workman"s Compensation 77,235 66,884 20- -0-
$168,378 $150,566 $108,144 $37,000
Workman' s Compensation
Awarded Previously 72,182
$180,326
It is recom~nended that the award be made to the low bidder,
Atlantic Insursnce Agency, in the amount of $150,566, it being under-
stood that Workman's Compensation ccverage previously acquired will
be cancelled by the City. The recommendation was made by the City's
insurance advisors. Mr. Weekes questioned whether or not any change
occurred in the specifications from the time of the first bidding to
the time of the current bidding in regard to any of the coverage.
Mr. Dick Nunes of Beery insurance Agency replied no changes had been
incorporated into the specifications. Mr. Weekes moved the award be
made to the Atlantic Insurance Agency in accordance with the low bid
of $150,566.00, seconded by Mr. Randolph, said motion passing unani-
mous ly.
6.e. City Manager Mariott reported the following bids have been re-
ceived for providing City Hall janitorial service: "
WITHOUT ' WITH
BIDDER CARPET !NG CARPET ING
Newton's Janitorial Service $800.00 per mo. $890.00 per mo.
Bens~'s Superior Bldg. Mtce. 950.00 per mo. 900.00 per mo.
It is recommended that the contract for City Hall janitorial
service be awarded to the low bidder~ Newton's Janitorial Service.
Mr. Randolph so moved, seconded by Mr. Saunders, said motion passing
unan imou sly.
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236
6-f. The City Manager reconuncnded that Council authorize by motion
the placing of proper advertising calling a public hearing relative to
a proposed change in the Future Land Use Map on A~orth Federal Highway
as discussed at the January 21st workshop meeting. The area to be
changed to C-1 (Limited Conunercial) instead 0f low density and .medium
density residential is bounded on the south by N.E. 8th Street, on
the east by Federal Highway, on the west by the F.E.C. Railroad right-
of-way, and on the north by the northernmost line of the City's re-
serve annexation area~ The Planning and Zoning Board's recon~nendation
was unanimous. Mr. Saunders moved for the advertisement of the public
hearing, seconded by Mrs. Krivos, said motion passing unanimously.
6.q% The City Manager stated there is presently a vacancy on the
Housing Board of Adjustment and Appeals for a three year term ending
October 12, 1976. Council agreed on the appointment of Mr. Clifford
H. Durden, Jr. at the workshop meeting. Mr. Randolph moved that Mr.
Clifford H. Durden, Jr. be appointed to the Housing Board of Adjust-
ment and Appeals, seconded by Mrs. Krivos, said motion passing unani-
mous ly.
6.h. City Manager Mariott reported Mr. Paul Herig has recently sub-
mitted his resignation from the Building Code Appeal Board due to
moving from the City. The term ends February 12, 1977. Mr. Randolph
moved that Mr. Thomas E. Woo!bright be appointed to the Building Code
Appeal Board, seconded by Mr. Saunders, said motion passing unanimously.
6.i. The City Manager stated the following bids have been received
for construction of an addition and the making of certain renovations
at the Civic Center:
BIDDER BID
Trieste Construction Corporation $16,750
Roth Construction, Inc. 18,435
This item was discussed at the January 14th workshop meeting
and it is recommended the contract be awarded to the low bidder,
Trieste Construction Corporation in the negotiated amount of $12,980,
and that the present allocation of $6,000 from the Federal Revenue
Sharing Funds be increased to a total of $15,000 to finance this
project, including the payment of architect's fees and other incidental
expenses in addition to the contract price. Mr. Weekes moved this
item be removed from the table, having been tabled at the last Council
meeting, seconded by Mr. Saunders, said motion passing unanimously.
Mr. Saunders moved the award for the contract be given to Trieste Con-
struction Corporation, the low bidder, in the amount of $12,980,
seconded by Mr. Weekes, said motion passing unanimously. Mr - Weekes
then moved that an additional $9,000 be taken from the Federal Revenue
Sharing Funds to cover the cost of the project, for a total of $15,000.
Mr. Randolph seconded the motion which passed unanimously.
8.a. The City Manager presented Resolution No. 2-74.
A RESOLUTION OF T~ CI~I ~~ 0TM THE ¢'ITY OF
DELPJ~Y BEACH, FLORIDA, VACATING AND ABANDONING
N.E. 7TH COURT LYING BETWEEN N.E. 6TH AND N.E.
7TH AVENUES AS SHOWN ON PLAT OF MCGINLEY ANm
GOSMAN' S SUBDIVISION, DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 2-74 %s attached to the official
copy of these minutes .)
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237
The City Manager stated this item has been discussed by Council
and has been recommended by the Planning and Zoning Board at a meet-
ing held on Decen~3er ISth. It concerns the vacating and abandoning
of N.E. 7th Court lying between N.E. 6th and N.E. 7th Avenues and
the administration reconunends that the City retain the southern 40'
of N.E. 7th Court beginning at the westerly right-of-way line at
N.E. 7th Avenue and extending westerly for three lots, said property
being needed for public purposes. The City Attorney expressed the
opinion that the legal ownership of the abandoned land would not af-
fect the City. He stated several questions have been raised regarding
paving the street, retaining it as a public right-of-way and opening
it for traffic to Federal Highway. The City's Traffic Engineering
section of the Police Department has stated it would not create a
traffic hazard to open the street, but the City would not particularly
benefit frora so doing. There would be no effect on trash pick-up or
waterlines. Discussion resulted concerning reversionary rights, and
it was brought out that the attorneys representing abutting owners
had not been notified of the consideration of the petition at this
meeting. Council agreed the petitioners should be present when this
matter is considered. Hr. Weekes moved to table the subject, seconded
by. Mrs. Krivos, said motion passing unanimously. Upon roll call,
Council voted as follows: Hrs. Krivos -Yes; Mr. Randolph -Yes;
Mr. Saunders -Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes.
8.b. The City Manager presented Resolution No. 3-7'4.
A RESOLUTION OF TILE CIrri COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS INSTALLED IN T~E SUBDIVISION OF IMPERIAL
VILLAS AS OPEkATIONAL AND SETTING THE INITIAL
SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE
IHPOSED FOR THE SERVICES 7~D FACILITIES~FURNISHED
BY SAiD SANITARY SEWERS.
(Copy of Resolution No. 3-74 is attached to the official copy
of these minutes.)
The City Manager stated inspection has been made of the sewers
in Imperial· Villas Subdivision and they have been found to meet City
requirements and specifications. It is recommended that Resolution
No. 3-74 accepting the sewers as operational be adopted. Mrs. Krivos
so moved, seconded by Mr. Randolph. Upon roll call, Council voted as
follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes;
Mr. Weekes - Yes; Mayor Scheifley - Yes.
8.c. The City Manager' presented Resolution No. 4-74.
A RESOLUTION OF THE Ci~f COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING AND RESCINDING
RESOLUTION ~0. 54-73 PERTAINING TO OPPOSITION TO
THE IMPLEPiENTATION OF THE RECO~I~ENDATIONS CON-
TAINED IN THE "PAGE COM,~qJNICATION PLAN".
(Copy of Resolution No. 4-74 is attached to the official copy
of these minutes.)
City Manager Mariott stated this matter had been discussed at
length in the workshop meeting the prior week and passage of the
Resolution would rescind Resolution No. 54-73 which had expressed
opposition to the Page Communication Plan primarily because of the
central Police Co~umunication System which the plan entails. Mr.
Weekes expressed dissatisfaction with the wording in Resolution No.
4-74 which states ". now has no objections to the plan" since
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1-28-74
238
Council does have strong, reservations, conco~nJng_~ . · the plan. Mayor
Scheif!ey stated the Council had no optJ. on but to adopt the plan
since the Federal funds for '~,~.~,~ the City has applied would be
wJ. thheid if the plan is not ado[~ted. It was decided to substitute
the phrase "and now consents to implementation of the plan" for the
phrase" no objections " Mayor Scheiftey explained to the
audience that if Council does not agree to this plan, the State will
place Delray Beach on the same radio frequency as the Broward County
Sheriff which would result in an impossible situation for the Bolice
Department. Mr. Weekes moved for the adoption of Resolution No. 4-74
as amended, seconded by Mr. Saunders. Upon roll call, Council voted
as follows: SLrs. Krivos -Yes; Mr. Randolph- Yes; Mr. Saunders -
Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes.
8.d. The City Manager presented Resolution No. 5-74.
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF
DELRAY B~t~CH, FLORIDA, ADOPTING THE RECOP~.ZENDATIONS
CONTAINED IN THE :'PAGE CO~P~UNICATION PLAN"
(Copy of Resolution No. 5-74 is attached to the official copy
of these minutes.)
Mrs. Krivos moved for the passage of Resolution No. 5-74,
seconded by Mr. Saunders. Upon roll call, Council .voted as follows:
Mrs. Krivos -Yes; Mr. Randolph -No; Hr. Saunders -Yes; Mr. Weekes
Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote.
8'.e. The City Manager presented Resolution No. 6-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PURCHASE LAND ON THE BEACH IN ACCORDANCE WITH
THE TERP~S OF THIS RESOLUTION.
(Copy of Resolution No. 6-74 is attached to the official copy
of these minutes.)
City Manager Mariott stated this subject was discussed at
length at the last workshop meeting held by Council on January 21st.
A list of properties people have offered to sell the City was re-
ported to Council and Council discussed a suggestion by County Com-
missioner George Warren that this Council pass a Resolution commit-
ting the City to buy land on the beach costing approximately $450,000
within 90 days after the County's purchas'e of a tract of land on the
west side of ALA near Casuarina Road at a cost of $546,000. The City
Manager stated when he contacted the County Attorney and Commissioner
George Warren, both gentlemen indicated action on this Resolution
should be deferred until such time as further consultation can be had
by the County Attorney and the City Manager. Therefore, the City
Manager recommended the Resolution not be passed at this meeting and
no action be taken with r ~
_especu to purchase of land on the beach at
.present. The County Attorney specified two items to be added to the
'Resolution as it presently exists. The first is that the location of
!and on the beach be subjec~ to approval by the County Commission
prior to its. purchase by the City of Delray Beach. The second is the
City commit itself to reimburse the County its purchase price in the
amount of $546,000 for the purchase of land on the beach in the vi'
cinity of Casuarina Road plus any additional costs the County might
incur in connection with that purchase if the City of Delray Beach
does not buy $450,000 worth of land .on the beach within 90 days after
the County purchases ].and. The City Attorney stated the Resolution
did not require, tabling. Council did not act upon the Resolution.
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l - 2, F~- 7't
Mr. David Ekvall, 1004. Island Drive, Delray Beach, spoke from
the floor representing the Beach Property Owners' Association.
stated many persons were concerned wiih the problem of the purchase
of land on the beach other than the Beach Property Owners' Association.
Mr. Ekvall asked why it was necessary to involve the County in the
purchase of lands in Delray Beach when it seems there-are adequate
funds in the City to purchase the property. Mayor Scheifley answered
by stating that all of the land obtained by the City will cost the
City 40 cents on the dollar if the County participates in the purchases.
If the City purchases the property alone, it will cost the City 100%
of the purchase price. Mayor Scheifley also explained that when the
beach restoration was first considered, the City asked the County,
State and Federal Governments to participate. Ail agencies agreed
to help in the project with the exception of the County which stipu-
lated they would participate in the maintenance of the beach on a
ten year period srrangement. He emphasized that with the participa-
tion of these agencies, the beaches would definitely be public with
no restrictions. Mr. Ekval! stated the Beach Property Owners' Asso-
ciation members were much more concerned with the incursion of the
parking areas into their residential areas than they were with the
fact that the beach would be public. Mr. Ekvall discussed several
aspects of the problem, emphasizing that Council should consider the
citizens of Detray Beach first, and stated this could be done by
placing the parking lots in conm~ercially zoned areas, preferably at
the corner of ALA and Atlantic Avenue. Mayor Scheifley replied that
Mr. Ekvall's views coincided with the Council's ideas and if it were
possible to concentrate the parking areas near A1A and Atlantic Ave-
nue, Council would favor the idea. Mayor Scheif!ey further stated
it w~uld be detrimental to the taxpayers to delay the project pending
advisement from the State as to how many parking places are needed.
Mayor Scheifley rebutted Mr. Ekva!l's argument that enough parking
places exist by stating the State may eliminate ~arking on A1A, forc-
ing parking down the side streets in the area. He also informed
audience that when the $6,000,000 bond issue was passed, it was passed
with the stipulation that beach property only be purchased, not property
one or two blocks from the beach. The consensus of the Council is
that an attempt to do so would nullify County participation. Mr.
Ekvall suggested the Fire St~ation property be utilized; however, Coun-
cil does not have a date for the construction of a new fire station
since financing at present is not available. Considerable discussio~
occurred among Council men~bers with Mr. Ekvall participating. Council.
agreed that it would be preferable to cormmit the parking areas to com-
mercially zoned areas, if at all possible, with Mr. Randolph suggest-
ing the use of multi-level parking buildings. Council commended Mr.
Ekvall for a very fine presentation.
Mr. Canary of the Dorchester, Mr. George Keeping of 1137 Vista
Rel Mar, ~tr. Don McSparin of 921 Spanish Circle, and Mr. William P.
Smith of Vista Del Mar expressed their views from the floor with com-
ments and information provided by Council concerning primarily control
and restrictions of parking areas by the City, access to the beach,
source of funds to finance parking areas, the possibility of the use
of the present fire station location and ~he adjacent property to the
north for a parking area, and the possible devaluation of land with
the construction of parking lots in residential areas. Mayor Scheif].ey
stated he believed both the Council and the residents on the beach had
a better understanding of the subject under consideration.
X. Councilman J. L. Saunders excused himself from the meeting
at 10:00 P. M.
8.f. The City Manager presented R~solution No. 7-74.
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1-28-74
240
A RESO!,UTION OF THE CITY COUNCIL OF TIIE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING TI~E STATE OF
FLORIDA DEPARrlT~iENT OF CO~..1UNI'Iqf AFFAIRS TO INCLUDE
TItE CITY OF DELP~iY B'ILr~Ci{ IN iTS APPLICATION TO TIlE
DEPA_RTMENT 0~? HOUSIifG AND URBAN DEVELOP~K~NT FOR
LOCAL PI,~/?~NING ASSISTANCE ~'UNDS FOR Ti!E FISCAL YEAR
BEGINNING JULY 1, 1974.
(Copy of Resolution No. 7-74 is attached to the official' copy
of these minutes.)
City Manager Mariott stated this Resolution basically requests
the Department of Community Affairs of the State of Florida to in-
clude the City of Delray Beach in the State's application to the U.S.
Department of Housing and Urban Development for local planning assist-
ance funds for the fiscal year beginning July l, 1974. This would be
under the 701 Comprehensive Planning Assistance Program of the Depart-
ment of Housing and Urban Development. Mr. Randolph moved for the
adoption of Resolution ~o.' 7-74, seconded by Mr. Weekes. Upon roll
call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph -
Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes.
8.q. The City Manager presented Ordinance No. 1-74.
AN ORDINANCE OF TtIE CITY COUNCIL OF TtIE tITY OF
DELRAY BEACtt, FLORIDA, AMENDING.SUBSECTION 15C-4 (f)
"PARKING AREA INTERIOR LAt{DSCAPiNG" TO ~vu. lKE IT MORE
UNDERSTANDABLE AiVD A}LENDING SUBSECTION 15C-6 "OTHER
APPLICABLE REGULATIONS" TO INCLUDE PRESENT PAVED
AREAS OF CtL%PTER 15C "I~AiqDSCAPING" OF THE CODE OF
ORDINANCES OF THE CITY OF DEL_rglY BEACH AS AI, LEiqDED,
'REPEALI;,iG ALL ORDI~,~st~CES OR PARTS OF ORDIiqAb!CES iN
CONFLICT HEREWITH; PROVIDING A SAVI}iG CLAUSE; PRO-
VIDING A PENALTY CLAUSE.
City Manager Mariott stated this ordinance was discussed at
the January 21st workshop meeting and. was explained by ~he Beautifi-
cation Con~nittee. It is recon%mended Ordinance No. 1-74 be passed on
first reading. Mr. Weekes stated the words "Buildings and" should
be deleted from the Caption. Mr. Weekes moved the adoption of Ordi-
nance No. 1-74 on first reading with the ~correction in the Caption,
secbnded by Mrs. Krivos. Upon roll call, Council voted as follows:
Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Weekes - Yes; Mayor Scheifley
Yes.
8.h. The City Manager presented Ordinance No. 2-74.
AN ORDINANCE OF THE CITY OF DELPsAY BEACH, FLORIDA,
REZONING .~ND PLACING PRESENTLY ZONED C-1 AND RM-15
LANDS IN AN AREA BOUNDED ON TIlE EAST BY THE EAST
SIDE OF THE INTPJtCOASTAL WATERWAY; ON THE NORTH BY
N.E. iST STREET ~'P. OM THE EASt' SIDE OF THE WATER~AY
~O SWINTON AVENUE; ON THE WEST BY SWINTON AVENUE FROM
N.E. 1ST .STREET ON TiLE NORTit TO THE SOUTtB4EST CORNER
OF LOT 6, BLOCK 69 ON TIlE SOUTH (AS IN PLAi' BOOK 2,
PAGE 43); ON THE SOUTH BY A LINE CO}IMENCING AT T}tE
SOUTHWEST CORNEl{ OF LOT 6, BLOCK 69 (AS IN PLAT BOOK
2, PAGE 43) EXTENDING EASTERI.Y ALO~IG THE SOUTH LINE
OF LOTS 6, 5, 4, 3, 2, i OF BLOCK 69 (AS IN PLAT BOOK
2, PAGE 43) AND CONTINUING ALONG TIlE SOUTtl LINE OF
LOTS l, 2 AI:D 3, BLOCK 7'7 (AS IN PLAT BOOK 1, PAGE 3);
TItENCE SOUTttERLY ALONG TIlE ~,,[EST BOUNDARY OF'LOTS
13, 14, 15, 16, 17 AiqD 18, BLOCK 77 (AS IN PLAT
BOOK 1, PAGE 3) ; T~LENCE EASTERLY ALO~IG S.E. 1ST
STREET TO TttE SOUTtF, qEST CORNE!~ OF LOT 24, BLOCK
117 (AS IN PLAT BOOK 1, PAGE 3) ; T!iENCE NORTHERLY
ALONG THE WEST LINE OF LOTS 24, 23, 22, 21, 20,
19 AND 18, BLOCK 117 (AS IN PLAT BOOK 1, PAGE 3),
TO TttE NORT~'~EST CORNER OF LOT 18, BLOCK 117 (AS
IN PLAT BOOK 1, PAGE 3); THENCE EASTERLY ALONG THE
SOUTH LINE OF LOT ].7, BLOCK 117 Ai~ID THE SOUTH LINE
OF LOTS 10 AND 45, BLOCK 125 (AS IN PLAT BOOK 1,
PAGE 3) , LOTS 57 AND 92, BLOCK 133 (AS IN PLAT
BOOK 1, PAGE 3), AND CONTID~UING ACROSS THE WATER-
WAY TO THE EAST BOU2~DARY, ALL AS IN T}FE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, IN "CBD
CENTP~L BUSINESS DISTRICT", AND A~LEND!NG THE "ZON-
ING -~P OF THE CITY OF DELP~AY BEACH, FLORIDA, 1972".
City Manager Mariott stated Council had reviewed this Ordinance.
thoroughly and the City Attorney stated it is proper for the descrip-
tion of the waterway to be included. Mr. Weekes moved for the adop-
tion of Ordinance No. 2-74 on first reading, seconde~ by Mrs. Krivos.
· Upon roll call, Council voted as follows: Mr.s. Krivos - Yes; Mr.
Randolph - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes.
8.i. The City Manager presented Ordinance No. 3-74.
AN ORDINANCE OF THE CI~f COUNCIL OF TILE CITY OF
DELR~.Y BEACH, FLORIDA, REZON!~G AND PLAC!~G LA!~D
PRESEi'~TLY ZOL~ED NC ~.EIGtiBORHOOD CO~'~4ERCIAL DISTRICT
IN "C-1 LIMITED CO)~?~PRCIAL DISTRICT", AN AREA NORTH
OF WEST ATLANTIC AVENUIE FROM N.W. 3RD AVELrgE TO THE
ALLEY BETWEEN N.W. 5TH AND 6TH AVENIIES CONSISTING
OF THE EAST HALF OF BLOCKS 19 }2~D 20, THE WEST HALF
· OF BLOCK 27, ALL OF BLOCK 28 LESS LOTS 7 AND 8, AND
LOTS 29 TN2~OUGH 39, BLOCK 36; AND AN'LENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1972"
This Ordinance was discussed at Council workshop meeting and
it is recommended the Ordinance be passed. Mr. Randolph moved for
passage of Ordinance No. 3-74 on first reading, seconded by Mr. Weekes.
Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes.
The City Manager stated the Planning and Zoning Board at its
November 27th meeting took a second action with regard to the zoning
of property on S.W. 5th Avenue. The Planning and Zoning Board recom-
mended by unanimous vote that no change be made in the zoning of land
on S.W. 5th Avenue i~ediately south of West Atlant~ Avenue. Mrs.
Krivos moved to sustain the reco~nendation of the Planning and Zoning
Board concerning S.W.' 5th Avenue, seconded by Mr. Randolph, and unani-
mous ly carried.
~.j. The City Manager presented Ordinance No. 4-74.
242
AN ORDINANCE OF TIlE CITY COUNCIL OF TIIE CIR~f OF
DELRAY BEAC!I, PLOt.i!DA, AMENDING ARTICLE III "CI!ARI-
TABLE SOLICITATIONS" OI? CI~PTER 18 "PEDDLERS AN-D
SOLICITORS" OF THE CODE OF ORDINANCES OF ~]HIE CITY
OF DELRAY BPiACtI, FLORIDA, BY CLARIFYING Ct-zlTRCt{
SOLICITATION; BY REQUIRING DIFFERENT PERCENTAGES
FOR ISSUANCE OF PE.Pa~IITS, NAMELY, FIFTY PER CENT
TO TtiIRTY-FIVE PER CENT AND RX~EN7~f-FIVE .PERCENT
TO ~ENTY PER CENT; ELIMINATE PUBLISHING AN AD
WHEN LESS TI-lAN TEN PER CENT EXPENSE; ADOPTING NEW
APPLICATION FO?J~I; PROHIBITING SOLICITATION FROM
OCCUPANTS OF CARS ON THE STREETS DzND HIG~B~AYS;
PROHIBITI~NG SOLICITATIONS ON THANKSGIVING AND
CHRISTMAS; REPEALING ALI, ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
City Manager Mariott stated Council had discussed this Ordi-
n&nce at the previous workshop meeting and recommended passage on
first reading. Mr. Weekes moved the adoption of Ordinance No. 4-74
on first reading, seconded by Mr. Randolph. Upon roll call, Council
voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Weekes -
Yes; Mayor Scheifley - Yes.
8.k. The City Manager presented Ordinance No. 5-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DEL~IY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN I~INDS LYING IN THE SOUT>5gEST
'QUARTER OF SECTION 21, TO%fNSHIP 46 SOUTH, !~NGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
~NICIPAL LI}IITS OF SAiD CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING FOR THE RIGNTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR T~ ZONING THEREOF.
City Manager Mariott explained Mr. Ellis Chingos is requesting
annexation of .95 acres of land lying in the SW~ of Section 21-46-43
which will be included in the Delray Beach Shopping Mall. The Plan-
ning and Zoning Board at its meeting on January 22 recon~mended by
unanimous vote that this property be annexed. Mrs. Krivos moved for --
the adoption of Ordinance No. 5-74 on first reading, seconded by Mr.
Randolph. Upon roll call, Council voted as follows: Mrs. Krivos -
Yes; Mr. Randolph - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes.
8.1. The City Manager reported the Planning and Zoning Board at a
meeting held on January 15 recom_mended by-a vote of. 5 to 2, with Hr.
Gent and Mr. Jacobsen dissenting, that certain land in the western
section of the City east of Congress Avenue be rezoned from LI (Light
I~ustrial) to MI (Medium Industrial) District. Th~ area is depicted
on a sketch provided Council. It was ascertained ordinance No. 6-74
has not been prepared. It was recommended the City Attorney be in-.
s%rucued to prepare such an Ordinance. Mrs. Krivos so moved, seconded
by Mr. Weekes, said motion passing unanimously.
9.a. The City Manager reported the'Planning and Zoning Board at a
meeting held on January ].5 reconnnended by unanimous vote that Mr.
Jack Dorson's request that 133.73 acres on the north side of Lake
-]_0-
1-28-74
'1 I II II I'~
243
Ida Road, a short distance west of Congress Avenue be annexed to the
City, subject to P~.~f-6 (Multiple Family) zoning be denied. The property
is in the ~Z'~j of Section 7-46-43. Col. Peele stated the reason thc
quest was denied was to retain the single family character of De!ray
Beach as set out in the master plan. Mrs. Krivos moved to sustain the
recommendation of the Planning and Zoning Board, seconded by Mr. Ran-
dolph, said motion passing unanimously.
9.b. City Manager Mariott reported the Planning and Zoning Bo'ard at
a meeting held on January 15 recommended by unanimous vote that a re-
quest for 23.8 acres located south of Lone Pine Road and ncrth of the
Dorson property in the LK~¼ of Section 7-46-43, be annexed to the City
subject to R~i-6 (Multiple Family) zoning be denied. This was denied
for the same reason as the previcus item. Mrs. Krivos moved to sustain
the recon~nendation of the Planning and Zoning Board, seconded by Mz.
Weekes, said motion passing unanimously.
9.c. The City Manager reported the Planning and Zoning Board at a
meeting held on January 15 recoma~ended by unanimous vote that a re-
quest for 1.033 acres located at the southwest corner of southbound
Federal Highv.~ay and S.W. 10th Street, lying in the SW~ of Section
21-46-43, be rezoned from R/4-15 (Multiple Family) zoning to SC (Spe-
cial. ized Cou%m~ercial)zoning be denied because of its incompatibility
with the Future Land Use Plan. By letter dated January 21st, Mr.
William D. Powis, representing the applicant, withdrew the zoning re.--
quest. The City Attorney stated no action .should be taken by Council
on the item in view of the circumstances.
.9..d. The City Manager reported the Planning and Zoning Board at a
meeting held on January 15 recon%mended by unanimous vote that the '
71.41 acres located on the south side of Lake Ida Road and extending
from Barwick P, oad westward to ~iilitary Trail be rezoned frora
(Multiple Family) zoning to RM-6 (Multiple Family) zoning so as to be
'consistent with site plan approval and prior developer cormm, itment to
the City Council. This property is located in the SW% of Section
12-46-42 and is the former Sussman property that was annexed to the
City' sometime ago. It is recon~ended Council sustain the Planning
and Zoning Board and authorize t'he City Attorney to prepare the neces-
sary ordinance. Mrs. Krivos so moved, seconded by Mr. Randolph, said
motion passing unanimously.
9.e. City Manager Mariott reported the Planning and Zoning Board at
a meeting held on January 15 recommended by unanimous vote that the
plan for construction of 18 dwelling units on a site at the northwest
corner of State Highway A1A and N.E. 8th Street be approved, being
Lots 1 and 2 and that part of Lot A lying south of south line of Lots
9, 10, 11 and 12, Blue Seas. This site plan was reviewed by Council
at its January 21 workshop meeting. A letter of objection has been
received by Council from Mrs. Evalyn Meats dated January 18, ].974.
Mayor Scheifley asked whether or not Mrs. Mears had been notified.
Mr. Mears stated Mrs. Meats had not been notified of the hearing held
one year prior. Discussion ensued concerning the definition of a
"high-rise" building. Mayor Scheifley stated the density was the con-
trolling factor in erecting a building and, legally, this site plan
must be approved as long as it comp]_ies with the ordinance. It was
ascertained a'5 story building could be erected in this area. The
City Clerk was requested to determine whether or not the surrounding
property owners were notified of both hearings. Mr. W_~kes moved to
sustain the recon~nendation of the Planning and Zoning Board, seconded
by Mrs. Krivos, said motion passing unanimously.
.9_z.f. The City Manager reported the Planning and Zoning Board at a
meeting on January 15 recon%mended by a 5 to 2 vote that the site plan
-11-
244
for construction of 226 dwelling units on t]~e former Sussman property
].ocated on the south side of Lake Ida Road between Barwick Road and
Military %rail lying in the ~'
~ ~,~ of Section 12-46-42 be approved.
This site plan, which was discussed at the January 21 workshop, is
designated as the Idlewi].d. Mrs. Krivos moved to sustain the recom-
mendation of the Planning and Zoning Board, seconded b'y Mr. Randolph,
said motion passing unanimously.
9.q, City Manager Mariott stated the Planning and Zoning Boar.d at
a meeting held on January 22 recommended by unanimous vote that the
site plan for the Delray Mall Shopping Center (Phase I) be approved.
The property is in the SW-~4 of Section 21-46-43 with a recon~mendation
of modification consisting of changing the parking angle from 90° to
60° and moving a portion of the retail stores of the building from a
deep setback to the same front building line as the Eckerd and Publix
stores. This complies with all City requirements. Mr. Weekes moved
to sustain the recommendation of the Planning and Zoning Board, seconded
by Mr. Randolph, said motion passing unanimously.
10.a. The following Bills for Approval were unanimously approved for
payment on motion by Mr. Randolph, seconded by Mr. Weekes:
General Fund ........... $425,939.56
Water and Sewer Fund ...... 11,996.82
Cigarette Tax Fund ...... ~, . . -12,725.00
Improvement Trust Fund ....... 78.86
Beach Restoration Fund ....... 2,475.00
Lowson Blvd. W&S Project Fund . 73.25
10.b.1. Mrs..Krivos asked the City Manager when the paving of North
A]3-l and the construction of drains would be completed by the Department
it would be done this week and that he presently has another call in
· for him.
!0.b.2. Mr. Randolph reported he has received numerous calls con-
cerning the businessmen in the West Delray area. He stated these
people are afraid to keep their businesses open due to the loitering
and threats, etc., to which they are being subjected. He also stated
dope is beginning to flourish in the area and people are openly using
and selling heroin. Mr. Randolph urgently asked the Council to invite
the people in the community who are concerned to attend a special work-
shop in an attempt to stop the encroachment of this problem in the City.
Discussion was held among Council in which they expressed the need for
constructive ideas rather than attendance' at a meeting by persons with
comp la in t s.
10.b.3. Mr. Weekes requested a special meeting of the Council be
called to implement the boundaries of the MI Medium Industrial District.
He stated this item has been pending since November 1972, and stated
the persons involved have been put to far too much delay. The City
Manager called for a meeting to be held on Monday, February 4, 1974
.at 7:00 P.M. prior to workshop meeting. .The City C'lerk was requested
to send notices regarding this meeting.
10.b.4. Mayor Scheifley asked for opinion on public officials being
required to publish their income tax. Council discussed the matter
and ~'~ was the consensus that Council would like to study a copy of the
proposed law before final co~mnitment. Considerable discussion ensue.d
and the City Manager was requested to contact J. Reynolds to obtain more
in format ion. .
-12-
1-28-74
245
10.b.5. Col. Poole spoke from the floor concerning the retaining
wall on the beach, fie suggested that an aerodynamic engineer be
consulted to determine wind patt.erns, etc. The City Manager stated
this has been done and it was the suggestion of the engineering con-
sultants that thc ¥~all be built. SJ. ayor Scheifley stated the Delray
Beach City Council has always been a positive Council and that action
will have to be taken and he favored taking the advice of qualified
engineers.
The meeting was adjourned at 10:55 P.M.
City Clear
AP PRO\rED:
-13-
1-2,.8--74
245A RI]SOLUTIOi{ l<O. 2- 7,4.
A RESO.[~UI.EO~, OF TIlE CITY COUHCII, OF TIiE
CITY OF D]']LIEA%~ ~,~,~{,tt, I.~LOI<!DA~ VACAIi~.,~G
AND ABA~,~DO]:~I~G !..i.E. 7TII COURT
~74EEN N.E. 0TI{ A~{D N.E. 7TIt AVENUES AS
St-IO~.~ ON PI, AT OF McGINLEY AND GOSMAN'S
SUBDIVISION, DELtL~Y BEACI{, -FLORIDA.
~EREAS, certain parties have petitioned the City of Delray
Beach, Florida, for abandonment of N.E. 7th Court lying between N.E.
6th and N.E. 7th Avenues as sho~ on plat.of McGinley and Gosman's
Subdivision, Delray Beach, Florida; and,
WHEREAS, this matter was referred to the Planning and Zoning
Board and after due consideration, they recomm~ended that said right-
of-way be abandone~, reserving however unto the City a utility ease-
ment over, under, and across the hereinafter described property; and,
WHEREAS, the Ci'ty Council deems it to be in the best interest
of the City to abandon said N.E. 7th Court in ]dcGinley and Gosman's
Subdivis ion,
}~OW, THERE.~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That pursuant to Section Seven (7), Paragraph Three (3) of
the City Charter of the City of Delray Beach, Florida, it is hereby
determined to vacate and abandon the hereinafter described right-
o f-way:
That part of N.E. 7th Court lying between the East
right-of-way' line of N.E. 6th Avenue and the West
right-of-way of N.E. 7th Avenue, as shown on Plat
of McGinley and Gosman's Subdivision as recorded
in Plat Eook 2, page 87 of the Public Records of
Palm Beach County, Florida.
However reserving unto itself a utility easement over,
under and across -the following described properties:
PARCEL I{0. 1:
The South fifty (50) feet ~f the East-One Hundred
Sixty ~wo (162) feet of N.E. 7th Court lying West
of the West right-of-way line of N.E. 7th Avenue,
as shown on Plat of McGin!ey and Gosman's Subdivi-
sion as recorded in Plat ~ook 2, page 87 of the
Public Records of Palm Beach County, Florida.
PARCEL NO. 2:
That portion of N.E. 7th Court lying within five
(5) feet on either side of the center .line of said
7th Court, bounded on the WeSt by the right-of-way
of U. S. Highway No. 1 and bounded on the East by
Parcel No. 1 above.
PASSED ~D ADOPTED in special session on this~the 4t___h
ATTEST: bi A Y O R
245B
RESOLUTION NO. 3-74.
A RESOLUTION OF TPIE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY
SEWERS INSTALLED IN THE SUBDIVISION OF IMPERIAL
VILLAS AS OPERATIONAL AND SETTING THE INITIAL
SCITEDULE OF RATES, FEES Ahq) OTHER CHARGES TO BE
IMPOSED FOR THE SERVICES A~ID FACILITIES FURNISHED
BY SAID SANITARY SEWERS.
WHEREAS, the Director of Public Utilities has certified as
operational all sanitary sewers and related facilities, including
designated Lift Station No. 51, as shown on the Preliminary Plat of
Imperial Villas as presented by the developer, and previously
approved.by the City of Delray Beach; and,
WHEREAS, it is deemed to be in the best interest of the affected
properties that the initial schedule of rates, fees and other charges
to be imposed for the services and facilities furnished by the Sewer
System, as set forth and contained in Resolution No. 1359 and in
Article III, Sanitary Sewerage, Chapter 27 of the Code of Ordinances
of the City shall become effective the first day of February, 1974,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELI{AY BEACH, FLORIDA, AS FOLLOWS:
1. That all sanitary sewers, related facilities, and Lift
Station No. 51 installed in the subdivision of Imperial Villas are
hereby accepted by the City as being operational and the initial
schedule of rates, fees and other charges previously established, and
applicable thereto, shall become effective February 1, 1974.
2. That nothing herein contained shall be construed as dis-
charging the developer from the strict performance of his remaining
contractual duties. That the developer and his bond remain responsible
in all respects until released in accordance with his agreements with
the City.
PASSED AND ADOPTED in regular session on this the 28th day of
January, 1974.
City Cl ~e~k
245C
RESOLUTION NO. 4-74.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, RE-
PEALING ~_ND RESCINDING RESOLUTION NO.
54-73 PERTAINING TO OPPOSITION TO THE
IMPLEMENTATION OF THE RECOMMENDATIONS
CONTAINED IN THE "PAGE COMMUNICATION
PLAN"
WHEREAS, the Delray Beach City Council passed Resolution No.
54-73 at a regular meeting on November 13, 1973, expressing opposi-
tion to the implementation of the recommendations contained in the
"Page Communication Plan"; and,
%fHEREAS, the Delray Beach City Administration has since met
with the Page Engineering Consulting Firm representatives and repre-
sentatives of the Cities of Boca Raton, Boynton Beach, Ocean Ridge,
Gulfstream and Highland Beach; and,
WHEREAS, the City Administration recommends the approval of
the "Page Communication Plan" proposal; and,
WHEREAS, the Delray Beach City Council has met with the repre-
sentatives of Page Engineering Consulting Firm and the City Adminis-
tration and now consents to implementation of the plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That Resolution No~ 54-73, passed and adopted on November 13,
1973, be and the same is hereby rescinded and repealed.
PASSED AND ADOPTED on the 28th day of January, 1974.
ATTEST -
245D
RESOLUTION NO. 5-74.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
THE RECOMMENDATIONS CONTAINED IN THE
"PAGE COMMUNICATION PLAN".
WHEREAS, the Division of Communications of the State Depart-
ment of General Services has, pursuant to Florida Statutes Section
287.29, caused to be prepared the "Page Communication Plan" which
would, if implemented, completely reorganize the present system of
law enforcement communications utilized by all municipalities in
Palm Beach County; and
WHEREAS, the said plan would establish four regional communi-
cations centers to serve all of Palm Beach County; and
WHEREAS, the plan calls for the City of Delray Beach to be
served by a communications center to be located outside the corpo-
rate limits of the City; and
WHEREAS, it is the judgment of the Delray Beach City Council
that such a plan is necessary due to increased area population and
lack of radio channels to serve all agencies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELP~AY BEACH ~-
Section 1. That the City of Delray Beach hereby expresses its
consent to the implementation of the presently proposed "Page Commu-
nication Plan" in Palm Beach County.
Section 2. That a copy of this resolution be furnished the
Division of Communications of the Department of General Services
of the State of Florida, the Governor, the Florida League of Cities,
the Palm Beach County Municipal League, the State Department of Law
Enforcement, and all members of the Palm Beach County Legislative
Delegation.
PASSED AND ADOPTED by the City of Delray Beach, State of
Florida, this 13th day of November, 1973.
.,~/ MA YO Rt
ATTEST:
245E
REoOLU.ION ~"~0. 6-'74.
A RESOLUTION OF TIH~ CI%~f COUNCIL OF THE CI%~f' OF
DELRAY BEACH, FLORIDA, CO>iMITTING T~ CI~ TO
PURCHASE LAND ON TfN~ BEACH iN A.CCOI-~ANCE WITH
~tE TE~qS OF TI-tiS RESOLUTION.
W}ZEREAS, the Palm }3each County Commission passed and adopted
Resolution No. R-73-785 on December 11, 1973, committing the County
to purchase certain land on State Highway A1A to be used for parking
and beach support~.~p~-~~,~,.~._....s __~rom. Jose'0h_ ~'~. and Ann _'~. G~-nn and Frank
E. and Jane H. Ku~._a ccn-hznaent uoon the City of Delray Beach pur-
chasing land casting net less 'khan $450,000 te be used for beach
support and pnrking facilities; and,
~EREAS, the City of De!ray Beach is appreciative of ~he action
ta}~.en by %he. County Commission in its passage of Resolution No.
R-73-785; and,
I%q-tEREAS, the City of Del.ray Beach is agreeable %o the terms and
conditions of Resolution No. R-73-785 adopted by %he County Commission;
KI-IEREAS, the city of De!ray Beach presently has under censidera-
with the '~' ,'
C.Lt.! s con~nitmen% to the County Commission and pursuant to
provisions of County Resolution No. R-73-785~
~ ,. ?e ~ T}~ CT~ COUNCIL OF TIlE CITY
OF DELP~,YB:~*~Cn,~ FLORIDA:
Section 1. That the City of De!ray Beach will, within ninety
(90) days from the d~te of purchase by the County of the G%,~nn-Kucera
property referred to in this resolution, purchase property costing not
less than $450,000 or property costing ~ lesser amount with the express
approval of the County Ccmmission on the beach to be used for beach
support and parking facilities.
PASSED A~ ~0PTED by the City of Delray Beach, State of Florida,
this 28th day of January, i974.
MAYOR
ATTEST:
City Clerk
245F
RESOLUTION NO. 7-74.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF
FLORIDA DEPART~ENT OF CO~fUNITY AFFAIRS TO iNCLUDE
THE CITY OF DELP~AY BEACH IN iTS APPLICATION TO THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
LOCAL PLANNING ASSISTANCE FUNDS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1974.
WHEREAS, the City Council of the City of Delray Beach recognizes
the need for various improvements in the City; and,
WHEREAS, the Comprehensive Planning Assistance Program adminis-
tered by the State of Florida Department of Community Affairs offers
the opportunity to strengthen the community improvement process
through the conducting of a planning program; and,
WHEREAS, it is the judgment of the City Council that said
planning program will assist in the implementation of the City's
Community Betterment Program,
NOW: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELPA¥ BEACH~ FLORIDA:
Section 1. That the City Council of the City of Delray Beach
officially requests the State of Florida Department of Community
Affairs to include the City of Delray Beach in its application to the
U. S. Department of Housing and Urban Development for local planning
assistance funds for the fiscal year beginning July I, 1974.
Section 2. That a copy of this Resolution be furnished the
State of Florida Department of Community Affairs, the Palm Beach
Area Planning Board and other appropriate agencies and individuals.
PASSED AND ADOPTED by the City of Delray Beach, State of Florida,
this 28th day of January, 1974.
ATTEST: