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05-13-74 3'07 M__~ 13., 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, May 13, 1974, with Mayor James H. Scheifley presiding and city Manager J. Eldon Mariott, City Attorney G. Robert Fellows, Council members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M. Weekes present. 1__m. The opening prayer was delivered by Dr. Andrew Hall of the First Baptist Church of Delray BeaCh. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of April 22, 1974 and the special meeting of May 6, 1974, were approved unanimously on motion by Mrs. Krivos and seconded bY Mr. Saunders. 4.a. Mr. Randolph expressed concern over the increasing problem of rabid looking dogs on city streets in Delray. He requested the City Administration investigate the matter. 4.b. Mayor Scheifley read a Proclamation proclaiming the week of May 20 to May 25, 1974 as Delray Beach, Florida Mental Health Week. The Proclamation was received by Dr. and Mrs. Robert Page, both active in the program for the South County Mental Health Center. Mrs. Page thanked the City Council for the Proclamation and announced open house on Wednesday, May 22, 1974, from 2:00 to 5:00 P.M. during which Commis- sioner George Warren will dedicate the Center. Mrs. Page explained the basic purposes for the establishment of the Center located at 2300 North Seacrest Boulevard, Delray Beach. 4.c. Mayor Scheifley read a Proclamation proclaiming the week of May .13 as Chamber of Commerce Week. Mr. A1 DohertY, President of the Cham- ber of Commerce, accepted.the proclamation and thanked the. City Council for their support. 4.d. Mayor Scheifley read a Proclamation proclaiming the week of June '8 through June 14, 1974, as Fraternal Week, sponsored by the National Fraternal Congress of America. 5.a. Mr. Tore Wallin, 2717 Florida Boulevard, Delray Beach, spoke from the floor representing Tropic Bay Condominium Association. He expressed concern over the debris left by contractors engaged in building in Delray Beach in the event a hurricane strikes the area. He requested council to consider the problems which could occur. 5.b. Mrs. Jane Spencer, 413 East Atlantic Avenue, Delray Beach, spoke from the floor concerning the increase in burglaries in Delray Beach, Mayor Scheifley and other members of Council stated they were very aware of the problem and ~ ~ ~' ~ w~s he ~- .... e_~n~ 1~ recently with the C~y A~ministration and the Police Department concerning possible solutions. The City Manager stated the steps being taken to contain the burglaries cou]~ not be discussed in an open meeting. Mr. William Stuiber, 2225 South Ocean Boulevard, Mrs. Robert Page, 1130 N.W. 3rd AVenue, and Mr. Charles Bent, 330 S.E. 1st Avenue, Delray Beach, all spoke expressing concern over the increase in burglaries. Mayor Scheifley stated the leniency of the courts, and the negligence of home owners were factors lending themselves to the increase in robberies. However, he stated 308 he felt the three major factors contributing to the trend are the parents, the churches and the schools. Mayor Scheifley reiterated the problem is currently under discussion by the city Administration and the Police Department. 5.c. Dr. Andrew Hall spoke concerning the purchase of the Delray Beach Country Club Golf Course. He urged Council to consider the pur- chase of the course to serve the citizens of Delray Beach. Mayor Scheifley explained the background agreement concerning the course, stating a term of the agreement was that in the 21st year (1978), the City would be able to purchase the course. This would be done by the City appointing one appraiser, the owner at that time appointing one appraiser, and these two appraisers appointing another. 'At this time, the City will consider the purchase. 5.d. Mr. Ted Ballas, 931 Sunset Road, Boynton Beach, owner of Delray Bowling Lanes, 325 S.E. 1st Avenue, Delray Beach, spoke from the floor complaining about comments made by a City'official in reference to the appearance of his business in Delray. Mr. Ballas stated he planned to improve the appearance of the building t~is summer. He complained about the standing water in front of his business, the damage done to the facade of the building by city trucks while installing storm sewers, and the fact that the city pumping station behind his building has a hole containing water which is a hazard. 5.e. Dr. Perry Chapman, 1903 N. Swinton Avenue, Delray Beach, spoke concerning the robberies he had experienced and stated he felt any possible protection being planned by the Police Department should be revealed to the victims. The City Manager suggested Dr. Chapman talk with the Police Chief in a private conversation concerning the matter. Mr. Randolph stated the areas mentioned were not the only areas being burglarized and citizens of other locations in the City are just as concerned about the problem. 6.a. The City Manager recommended that Council set the second Council meeting to be held during the month of May at 7:30 P.M. on May 28, 1974, since the fourth Monday will be observed by the City as Memorial Day. Mr. Saunders so moved, seconded by Mr. Weekes, said motion passing unanimously. 6.b. The City Manager stated the city has received one bid to sell the City one bucket truck to be used by the Traffic Division of the Police Department. The sole bidder, Skyworkers, Inc., offered a bid of $12,705.62 plus trade. Sufficient funds are provided in the budget to cover the purchase, and it is recommended the purchase be made from Skyworkers, Inc. Mr. Saunders moved the bid from Skyworkers, Inc. in the amount of $13,705.62 be accepted, seconded by Mr. Randolph, said motion passing unanimously. 6.c. The .City Manager stated Council is to appoint two citizen mem- bers to serve on the Board of Trustees for the Delray Beach Police and Firefighters Retirement System. It was ascertained the Board of Trus- tees is a new Board set up under Ordinance No. 12-74 adopting the new pension plan. One member will serve a two year term and the other a three year term. The terms will expire two and three years respective- ly from the date of pass~§e of the Ordinance ~lich was April 22, 1974. Mr. Weekes moved to appoint Mr. Morgan Mikell for three years and Mr. Matthew Gracey for two years, seconded by Mr. Saunders, said motion passing unanimously. 6.d. The City Manager stated sometime ago the'City sold Florida Power and Light Company a tract of land from the proposed water and sewer -2- 5-t3-74 309 plant site. At the time the City sold the property, the City agreed to provide an easement to the traCt of land loCated adjacent to the western right-~of-way 'line of the Seaboard CoaSt Line RailrOad COmpany and south of Lake Ida Road, being a portion of the S.E. 10'~acres of Lot 20, Block 1, of Delray-~Shores, according to the plat recorded in Plat Book 24, page 232. The City Manager stated it has been determined that a 56' width easement was the narrowest width that would adequately serve the purpose of Florida Power and Light Company.I It is recom~ mended that Council authorize by motion the granting of the 56' easement to Florida Power and Light Company extending from Lake Ida Road to the northern boundary of the property owned by Florida Power and Light. Mr. Weekes so moved, seconded by Mr.· Saunders, said motion passing unanimously. 6.e. The City Manager recommended that Council authorize by motion the acceptance of the deed for the land upon which sewage lift station No. 89 is location, said station serving Chatelaine and Country Manors. The parcel of land is about 51' by 5'' and is located in Chatelaine Subdivision on the north side of Lake Ida Road opposite the recreation- al facilities located in the Chatelaine development on the south side of Lake Ida Road, lying in Section 12-46-42. It is recommended that Council authorize acceptance of the deed at no cost to the City. Mrs. Krivos moved to accept the deed fOr the~land upon which sewage lift station No. 89 is located, seconded by Mr. Randolph, said motion passing unanimously. 6.f. City Manager Mariott reported the following three items of sur- plus equipment arb no longer required by the City due to the current use of the IBM System 3 equipment: 1. Addressograph Multigraph Machine, complete with automatic feeder, Model 4037 GG. 2. National Cash Register Bookkeeping Machine, Model PWD-2RB. 3. National 'Cash Register Utility Billing Machine. It is recommended that Council authorize advertising these three items for sale by the City. Mrs. Krivos so moved, seconded by Mr. Saunders. The sale will be either by auction or the submission of sealed bids, to be determined by City ~Administration. The motion passed unanimously 6.q. The City Manager recommended that Council authorize submittal of a City-owned tract of land consisting of approximately two acres located adjacent to the 1-95 right-of,way to.sale in accordance with Charter provisions as discussed' at the May 6th workshop meeting. The property is approximately 2 acres in size, bounded on the east by the 1-95 right'of-way, on the west by the Eastern right-of-way line of the Seaboard Coast Line Rail~Oad, on the south by N.W. 2nd Street and on the north by N.W~ 3rd Street. The City has been informed by .the petitioner that he is interested'in'the purchase of the property and has posted the required amount of money with the City as provided for in the. City Charter. It is recommended Council authorize the sub- mission of the tract of land to the public at public auction, the results of which will be brought back to Council at a subsequent Council meeting. The zoning of the area has been "Inte.rim Holding" until the condemnation proceedings were completed for the 1-95 right- of-way. Mr. Weekes moved that Council authorize the taking of bids for the purchase of the two acre parcel with the right to refuse e~y and all bids, seconded by M~, Randolph, said motion passing unanimously. -3- 5-13-74 310 X__~. Mr. Randolph stated a group of citizens had contacted him con- cerning the 1-95 right-of-way and its possible infringement upon the entrance of'N.W. 15th Avenue j'ust north of 2nd Street. He stated the right-of-way markers cut right across N.W. 15th Avenue and questioned whether or not the 1-95 right-of-way should have a fence erected at that point'. The City ~lanager stated the Department of Transportation has a legal right to place a fence on the right-of-way line, but not off of their property. If access problems are created by a fence, the persons involved would be dealt with on an individual basis. 6.h. The City Manager stated the following bids have been received for installation of sanitary sewers on Heron Drive from 'Albatross Road to Bobolink Road, on Bobolink Road between Heron Drive and Lindell Boulevard, and on Lindell Boulevard between Bobolink Road and an exist- ing manhole to the west: Bidder Bid Lyons Contruction Company $52,569.60 Moore Utility Construction, Inc. 72,607.80 It is recommended that Council award the contract to the low bidder, Lyons Construction Company, in the amount of $52,569.60 with financing of the project to be from the following sources: 1965 Water and Sewer Revenue Bond Issue $43,902.05 Developer 10,229.30 $52,569.60 Mr. Saunders moved to award the contract to the low bidder, Lyons Construction Company, in the amount of $52,569.60 with financing to be handled as recommended by the City Manager, seconded by Mrs. Krivos, said motion passing unanimously. 6.i. The City Manager stated Council has discussed the beautification of the approaches to the N.E. 8th Street Bridge across the Intracoastal Waterway with the County providing and paying for the installation of the plants, and the City assuming the obligation of paying one-half of the cost of the installation of a sprinkler system and to assume the entire cost of maintenance for the future. Several local Garden Clubs will pay one-half the installation cost of the sprinkler system. The sprinkler system is estimated to cost $3,500.00. Mr. Randolph moved to authorize the beautification of the approaches to the N.E. 8th Street Bridge, seconded by Mr. Saunders, said motion passing unani- mously. 6.j... The City Manager recommended that Council authorize by motion the execution of an Agreement between the City and the International Association of Firefighters Local 1842, which agreement was discussed at a Council workshop on May 9th. This agreement would run through the 1974-75 fiscal year. Mrs. Krivos so moved, seconded by Mr. Saunders, said motion passing unanimously. 7.a. MaYor Scheifley ackDowledged receip~ of the'minutes of the Beautification Committee for its April 3rd and April 16th, 1974, meetings. 7.b. City Manager Mariott stated Mr. Otis Nelson,' 219 N.W. 10th Ave- nue, Delray Beach, has requested herbe granted a Gratis License for -4- ~. 5-13-74 311 the purpose of operating a lawn maintenance service. Ail requirements having been met, it is recommended the gratis license be approved. Mr. Weekes so moved, seconded by ~r. Randolph, said motion passing unani- mously. X. Mayor Scheifley stated that of the 36 "eyesores" presented by the Beautification Committee, 26 of the 36 are ordinance violations and are being handled by the City. The remaining 10 are being handled or they are in the County. Mr. Randolph stated several persons have been approached to clean up their property, and they have taken immediate action to comply. He stated he felt the Beautification Committee should commend these persons. Mayor Scheifley asked Mr. Randolph to investigate the corner of S.W. 8th Avenue and S.W. 1st Street, the location of several truckloads of trash that have been there for several months. 7.c. City Manager Mariott stated sometime ago Sandra Werther applied for transfer of Certificate of Public.Convenience and Necessity to her for ownership and operation of Delray Beach Taxi Company, said request having been approved by Council at its March 25th meeting. At the same time, she applied to the City for permission to add three taxi- cabs to the fleet. A Public Hearing was held on this request at the March 25th meeting and Council deferred action on the request until a future meeting. An extensive investigation has been conducted with no detrimental information forthcoming. It is recommended that approval be given for three additional taxicabs to the fleet. All other taxi- cab owners in Delray Beach have been notified of the request. Mr. Bob O'Neal, 49 N.W. 10th Avenue, Delray Beach, spoke as a taxicab owner and operator, stating he had no objection to the additional taxi- cabs if Delray Beach Taxi felt they could profitably operate them in the summer months. He also stated he planned to add a taxi in the winter months and the City Manager instructed him as to the process of applying for such an addition. Mr. Saunders moved to authorize the addition of three taxicabs to Delray Beach Taxi Company, seccnded by Mr. Randolph, said motion passing.unanimously. 8.a. The City Manager presented Resolution No. 26-74. A RESOLUTION DF THE CITY COUNCIL OF TPIE CITY OF DELRAY BEACH, FLORIDA, A~NDING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF DELRAY BEACH BY CHANGING TO LI LIGHT INDUSTRIAL CLASSIFICATION THE AREA BOUNDED ON THE NORTH BY S. W. 7TH STREET, ON THE SOUTH. BY S. W. 12TH STREET, ON THE WEST BY THE 1-95 RIGHT-OF-WAY, AND ON THE EAST BY AN IRREGULAR BOUNDARY. (Copy of Resolution No. 26-74 is attached to the official copy of these minutes.) The City Manager explained Council had previously authorized the advertising of a Public Hearing to be held at this meeting on modifi- cations of the Comprehensive Land Use Plan by changing to LI an area bounded on the north by S.W. 7th Street, on the South by S.W. 12th Street, on the west by the 'r-95 right-of-way, and on the east by an irregular boundary, lying in the SW¼ of Sec. 20-46-43. A Public Hearing was hel~, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. -5- 5-13-74 31'2 Mr. Ralph G. Wilcke, 80 N.Eo 4th Avenue, Delray Beach, spoke from the floor concerning the total area being changed to LI Light Industrial. He questioned whether or not the City would be cutting themselves off from the County by rezoning this area. Mayor Scheifley explained the City is attempting to see that the County observes the City's Master Land Use Plan within the reserve area and if the coopera- tion from the County is forthcoming, they will not allow some of the more liberal uses in the COunty zone such as additional cement plants, etc. Mr. Tore Wallin stated the Planning and Zoning Board is attempt- ing to make the LI zoning as 'attractive as possible and for this reason, the Board has determined all activity shall be in closed buildings. There being no further objections, the Public Hearing was closed. Mrs. Krivos moved for passage of Resolution No. 26-74, seconded by Mr. Randolph. Mr. Weekes stated that passage of this Resolution would allow a good deal of acreage devoted to Light Industrial use, and by adding this rezoning to the existing Light Industrial, there would be an over-preponderance of LI zoning. Mr. Weekes stated he would vote for the Resolution, but felt some thought should be given to the area involved. Council agreed with Mr. Weekes. Mayor Scheifley questioned the location of warehouses in the area and ascertained Florida Power and Light Co. has a plant in the southern area. Mr. Wallin agreed that this is a large area for LI, but the Planning and Zoning Board took into consideration the growth to the west creating a demand for more facilities. The alternative would be RM-10 or RM-i5 and since the area already has light indus- trial businesses, it is doubtful anyone would build multiple family in the area. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes;_ Hr. Saunders - Yes; ~.~r ~ . Weekes - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resolution No. 27-74. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF DELRAY BEACH, FLORIDA, TO MAKE APPLICATION FOR PERMITS AND SUPPLY RELATED INFORMATION TO THE CENTRAL AND SOUTHERN FLORIDA FLOOD CO~TROL DISTRICT. (Copy of Resolution No. 27-74 is attached to the official copy of these minutes.) The City Manager stated the Resolution authorizes and directs the City Manager to make application for permits and supply related information to the Central and Southern Florid~ Flood Control Dis- trict concerning water wells and the withdrawal of water from under- ground resources. He explained the resolution was presented for two reasons: 1 - the emphasis to upgrade the quality of water; and 2 - due to the increasing water shortage, the Flood Control District has set up a new policy in which they are asking each governmental body to designate one of their organizations to comply with their request in ~ling reports, applications, requests for permits, etc. in order that the Central and Southern Florida Flood Control District can best cope with the two matters listed above. Mr. Saunders moved for the passage of i.~solution No. 27-74, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes~ Mr. Weekes - YeS; Mayor Scheifley - Yes. -6- 5-13 -74 313 X_~. Mayor Scheifley stated in an area in the Industrial Zone, a facility has been improved across from the junk and auto parts yards. ESS&S Systems has landscaped their property and are having an opening Friday. Mayor Scheifley asked Mr. Quentin Boerner, Beautification Committee, if he would inspect the property and, if deserved, issue a Certificate of Commendation. 8.c. '~he City Manager presented Resolution No. 28-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA EAST COAST' RAILWAY COMPANY FOR THE INSTALLATION OF CERTAIN TRAFFIC SIG- NALIZATION STRUCTURES AND FACILITIES ON RAILWAY COMPANY PROPERTY LOCATED AT LINDELL BOULEVARD CROSSING OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, BEING THE RAILWAY'S MILE POST NO. 319 + 1670 FEET. (Copy of Resolution No. 28-74 is attached to the official copy of these minutes.) City Manager Mariott recommended the adoption of Resolution No. 28~74 authorizing the executing of an agreement between the City and the Florida East Coast Railway Company for the installation of a pole and other facilities on railroad property that would serve the signali- zation of the intersection of Dixie Highway and Lindell Boulevard. Mrs. Krivos moved for the passage of Resolution No. 28-74, seconded by Mr. Randolph. Mayor Scheifley ascertained there would be no cost to the City in this project. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr. Weekes- Yes; Mayor Scheilfey - Yes. 8.d. The City Manager presented Resolution No. 29-74. A RESOLUTION OF TPIE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUS~ORIZING A CITY CONTRACT FOR FURNISHING AND PLACING BITTER BLUE-ST. AUGUSTINE GRASS IN MUNICIPAL BEACH PARKING LOT. (Copy of Resolution No. 29-74 is attached to the official copy of these minutes.) The City ManAger stated the City had received only one bid for furnishing and placing Bitter Blue-St. Augustine grass in the Munici- pal Beach Parking Lot in the amount of $4,345 from Carr Soils & Sod- Driveways. It is recommended Council award the contract to Carr Soils & Sod-Driveways. City Manager Mariott stated the sprinkler system contract has been awarded and the system should, be installed. Mr. Saunders moved for the passage of Resolution No. 29-74, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr.'We'ekes- Yes; Mayor Scheifley - Yes. ' 8.e. The City Manager presented Resolution No. 30-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH INDIC~TING INTENT TO JOIN WITH OTHER GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT IN THE PALM BEACH COUNTY, FLORIDA, AREA TO DEVELOP AND IMPLEMENT A PLAN RESULTING IN A COORDINATED WASTE TREAT~.~ENT MANAGEMENT SYSTEM FOR THE AREA. -7- 5-13~74 314 (Copy of Resolution No. 30-74 is attached to the official copy of these minutes.) City Manager Mariott stated Mr. Frank Brutt of the Area Planning Board had discussed this at a recent workshop meeting and the resolu- tion basically states the City's intent to support the upgrading of wastewater treatment systems in Palm Beach County. It is recommended Resolution No. 30-74 be adopted. Mr. Saunders 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.f. The City Manager presented Resolution No. 31-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING ~ COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO RECONSIDER AND PERMIT DELTA AIRLINES TO EXPAA~ THEIR FACILITIES AT PALM BEACH COUNTY AIRPORT. (Copy of Resolution No. 31-74 is attached to the official copy of these minutes.) city Manager Mariott stated at a recent workshop meeting Mr. Weekes recommended Council adopt Resolution No. 31-74 requesting the County Commission to permit Delta Airlines to expand their facilities at the Palm Beach County Airport. Mr. Randolph moved for the adoption of Resolution No. 31-74, seconded by Mr. Weekes. Mr. Weekes stated the cities of West Palm Beach and Boynton Beach have passed a similar resolution. He informed Council that the matter would come before the Palm Beach County Commission in the morning at 9:30 A.M. and requested the Resolution be placed in the hands of seme member of the Commission prior to the meeting. The City Manager stated he would have the Resolution delivered. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.q. The City Manager presented Resolution No~ 32-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING CONTRIBUTION TO THE COUNTY OF PALM BEACH TO AID IN THE CONSTRUCTION OF BICYCLE PATHS. (Copy of Resolution No. 32-74 is attached to the official copy of these minutes.) City Manager Mariott stated a representative of the County made a presentation at a recent workshop meeting involving the construc- tion of a bicycle path on the north side of Lake Ida Road beginning at Swinton Avenue and extending westerly to Military Trail. The total estimated cost of the project is $47,567.38. The County is requesting the City to pay $11,891 as the City's share which adoption of this Resolution would authorize. The money would come from the Revenue Sharing Funds. Mr. Saunders moved f~r the adoption of Resolution No. 32-74, seconded by Mr. Weekeso Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. '-eekes - Yes; Mayor Scheifley - Yes. -8- 5-13-74 315 8.h. The City Manager presented Resolution No. 33-74. A RESOLUTION OF '±5{E CITY' COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY SCHOOL BOARD TO PROVIDE TRANSPORTATION FOR 43 STUDENTS LIVING IN SAC 288 TO SPADY ELEMENTARY SCHOOL. (Copy of Resolution No. 33-74 is attached to the official copy of these minutes.) The City Manager stated the resolution results from the actions of the Palm Beach County School Board in redistricting to transfer 43 students from the Plumosa Elementary School to Spady Elementary Sckool and the resoluticn requests the School Board to provide transportation to and from Spady Elementary School for the transfer students. Mr. Weekes moved for the adoption of Resolution No. 33-74, 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. X. Mayor Scheifley informed the audience that the items being passed have been discussed in detail in Council workshop meetings and although it may appear the items are being handled rapidly, many hours of work have preceded their passage. 8.i. The City Manager presented Ordinance No. 20-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 11, LAKE SHORE ESTATES~ WHICH I2L~D IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING ~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 20-74 is attached to the official copy of these minutes.) 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. There being no objections, the Public Hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 20-74 on second and final reading, seconded by Mr. Saunde.rs. Upon roll call~, COuncil voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.j. The City Manager presented Ordinance No. 21-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BF~ACH, FLORIDA, AN~EXING TO TtIE CITY' OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LkND. -9- 5-13-74 (Copy of Ordinance No. 21-74 is attached to the official copy of these minutes.) The City Manager stated the RM-~5 zoning was recommended by the Planning and Zoning Board; that the property could be annexed subject to any zoning according to the City Attorney; and the City is able to use the property for any municipal purpose. Mayor Scheifley Pointed out that if for any reason the City should decide to sell this parcel, the zoning would fit into the Master plan. 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. There being no objections, the Public Hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 21-74 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor 'Scheifley - Yes. 8.k. The City Manager presented Ordinance No. 22-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANI~E~G TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LA~N-DS; AND PROVIDING FOR THE ZONING THEREOF. City Manager Mariott stated the Planning and Zoning Board at a meeting held on April 10th recommended by unanimous vote that a 36.04 acre tract of land located on the north side of Lake Ida Road between Congress Avenue and Military'Trail be annexed, subject to R-lA (Single Family) zoning, being all that portion of the W½ of the SW~ of Sec. 7-46-43. The applicant plans construction of 4+ units per acre with zero lot line side yards. This matter was deferred by Council at its April 22nd meeting to a future workshop meeting. It was considered by Council at its May 6th workshop meeting. The City Manager stated passage of the Ordinance on first reading is recommended. Mr. Saunders moved that Ordinance No. 22-74 be placed on first reading, 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. 10oa. The following Bills for Approval were unanimously approved for payment on motion by Mr. Randolph and seconded by Mr. Saunders. General Fund .............. $698,010.59 Beach Restoration Fund ......... 17,415.00 Improvement Trust·Fund ......... 1,171.05 Water and Sewer Fund .......... 188,648.43 Cigarette Tax Fund .......... 124.75 Refundable Deposits Fund ........ 8,547~.00 Citizens Contribution Fund ....... 104.00 Federal Revenue Sharing Fund ...... 575.00 Utility Tax Fund ............ 4,850.00 -10- 5-13-74 317 10.b.1. The city Manager presented Ordinance No. 23-74. 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, AS AMENDED, BY REVISING SECTION 29-7 PER- TAINING TO THE USES, REGULATIONS AND REQUIREMENTS IN THE C-1 LIMITED COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager stated this Ordinance was discussed by Council at a workshop meeting. The Ordinance concerns a modification of the zoning ordinance with respect to the C-1 Limited Commercial District. The City Attorney stated the main changes in the Ordinance concern making the format conform with the other ordinances, spelling-out single family dwellings and multiple family dwellings, and providing several other modifications. All of the existing businesses are included in the uses listed. The City Manager stated some of the uses are presently non-conforming and the passage of the Ordinance will allow business owners to make modifications to buildings. Mr. Weekes moved that Ordinance No. 23-74 be placed on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 10.b.2. ·The City Manager presented Ordinance No. 24-74. 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, AS AMENDED, BY REVISING SECTION 29-7.1 PER- TAINING TO AN INCREASE IN USES (PERMITTED AND CONDI- TIONAL), MINIMUM LOT SIZES AND BUILDING SETBACK LINES, REGULATIONS AND REQUIREMENTS IN THE LI LIGHT INDUSTRIAL DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated this ordinance contains modifications with respect to the LI Light Industrial District. He reported the Ordinance cOntains a statement with respect to storage of merchandise outside of the building, i.e., "No outdoor storage of merchandise, material or equipment shall exceed the height of the enclosing wall or fence or building . . .". It was ascertained the same statement appears in Ordinance No. 23-74 modifying the C-1 District. Discussion ensued concerning the statement and it was agreed to pass the Ordi- nances on first reading with a workshop to be held prior to second and final reading to determine the legal interpretation of the state- ment as to its applicability in these areas. Mr. Weekes moved that Ordinance No. 24-74 be placed on first reading, seconded by Mr. Ran- dolph. Upon roll Call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr. Weekes- Yes; Mayor Scheifley - Yes. 10.b.3. The City Manager stated the City was in receipt of a request that a tract of land located on the east side of Federal Highway be- tween South Lake Avenue and Bond Way be rezoned from RM-15 Multiple Family Dwelling District to SC Specialized Commercial District. The applicant is Mr. Theodore Trushin. It is recommended the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Saunders so moved, seconded by Mr. Weekes, said motion passing unanimously. -11- 5-13-74 318 10.b.4o City Manager Mariott reported consideration should be given to the issuance of a contract for the construction of a concession stand and restrooms at Teen Town Center. Four bids were received by the City, with the low bid being submitted by Campbell Construction Company in the amount of $63,603.00. Campbell Construction Co. $63,603.00 West Construction, inc. 68,890.00 Leek Corporation 78,260.00 Bartlett & Bair, Inco 83,843.00 It is recommended the contract be awarded to the low bidder, Campbell Construction Company in the amount of $63,603.00. In the initial allocation of the Federal ~evenue Sharing Funds, $35,000.00 was allocated for this purpose with an additional $23,500.00 being provided in the budget for the last fiscal year; said funds were not used and were encumbered. T~.e shortage of $5,103.00 should also come from the Federal Revenue Sharing Funds' although this decision could be made at a later date. The City Manager stated the building would be 58' x 26' in size, located between the present ball field and the projected ball field. The building will provide restroom facilities, a concession stand and a small office. Determination will be made at a later date as to the operation of the concession stand. DiscuSsion ensued concerning the security measures incorporated into the design of the building. Mr. Saunders moved to award the contract to the low bidder, Campbell Construction Company in the amount of $63,603,00, seconded by Mr. Randolph, said motion passing unanimously. 10.b.5. Mr. Randolph stated Mrs. Charlotte Durante contacted him asking whether or not she could appear before a workshop meeting con- cerning a family with a young daughter who has a severe respiratory problem. Mrs. Durante would like to start a fund to help defray the medical costs which are mounting. Council agreed to hear Mrs. Durante at a workshop meeting. 10.b.6. Mr. Saunders suggested passing a Resolution recognizing Mr. Douglas Hopkins who passed away recently. It was agreed by Council that Mr. Hopkins had made many contributions to the community and the City Attorney was requested to prepare an appropriate commendation. 10.b.7. Mr. Saunders stated the old Delray Beach Railroad Station is for sale at the present time. He stated Mr. Woolbright, President of the Historical Society, had discussed the possibility of purchasing tha Station, but the Society could not locate a piece of property on which to place it. Mr. Saunders asked whether or not the City could lease the Society a piece of property for 99 years if ~he Society could raise the money to have the building moved. At present, the Station is on a farm west of town and must be moved intact since it cannot be dismantled because of the construction. Discussion resulted concern- ing acquiring the blocks to the east of the present City Hall for a municipal complex to accomodate just such projects. !0.b.8. ~.~ro Saunders questioned the hole nea£ ~he pumping station in back of the Delray Bowling Lanes. The City Manager stated he would handle the problem. 10.b.9o Mr. Weekes asked the status of placing the landscaping of the beach for bid. The~City Manager stated the next step in the procedure would be the Council decision. All recommendations have been received and discussion will be scheduled for a workshop meeting when all menders are present. Council decided to hold a workshop meeting to discuss the matter on Thursday, May 16, at 5:10 P.M. in order to facilitate action. -12- 5-13-74 319 10.b.10. Mayor Scheifley stated he had received a complaint from the residents of the Dorchester concerning the sand on the sidewalk in front of the building. They requested the City keep the sand off of the sidewalk. Mr. G. W. Pickett registered a request. The City Manager stated he would investigate. 10.b.il. Mr. Ingersoll spoke from the audience concerning the reopen- ing of the pool. The City Manager stated Council indicated at a work- shop that they favored the reopening of the pool .and that he had given instructions 'to put do~m a test well. If the ~est well proves satisfactory, two more wells will he'sunk. The meeting was adjourned at 10:t0 P.M. Actin_~ City Clerk APPROVED: .~ .... ' MAYOR -13- 5-13-74 319A RESOLUTION NO. 26-74. A RESOLUTION. OF THE CITY CO~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, D3~NDING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF DELRAY BEACH BY CHANGING TO LI LIGHT INDUSTRIAL CLASSIFICATION THE AREA BOUNDED ON THE NORTH BY S. W. 7TH STREET, ON THE SOUTH BY S. W. 12TH STREET, ON THE WEST BY THE 1-95 RIGHT-OF-WAY, AND ON THE EAST BY'AN IRREGULAR BOUNDARY. WHEREAS, the Planning and Zoning Board, after two months of investigation, has recommended an amendment to the Comprehensive Land Use Plan; and WHEREAS, City Council has reviewed the proposed amendment at workshop; and WHEREAS, City Council authorized the City Clerk to publish notice for two weeks for a Public Hearing to be held before adop- tion of the amendment; and WHEREAS, the City Clerk published notice on April 25, and May 2, 1974, of the Public Hearing; and WHEREAS, ~'~-- Council ~ -~ ~'- ~: ~ ' ' ~.z~v ~.~ a ~b~ IIearing pcrtaznzng ~^~ the amendment on May 13, 1974, NOW, ~qEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Use Plan adopted August, 1972 be changed to show the area bounded on the north by S.W. 7th Street, on the south by S.W. 12th Street, on the west by the 1-95 right- of-way, and on the east by an irregular boundary as follows: S.W. 15th Avenue from S.W. 7th Street to S.W. 10th Street; the northerly extension of the east line of Lot 1, Block B, Sunny Acres between S.W. 10th Street and Royal Palm Drive; Tangelo Terrace; Gwenzell Ave.nue; and Germantowuu Road, as being in the Li Light industrial classification. Section 2. That the Planning Director is authorized to make such correction to the Land Use Plan adopted August, 1972. Section 3. This Resolution shall become effective imn~ediate- ly on passage. PASSED AND ADOPTED in regular session on May 13, 1974. ATTEST · [/ Cit~ C~erk 319B RESOLUTION NO. 27-74. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF' THE CITY OF DELRAY BEACH, FLORIDA, TO MAKE APPLICATION FOR PERMITS AND SUPPLY' RELATED INFORMA. TiON TO THE CENTP_AL A~ 'SOUthERN FLORIDA FLOOD CONTROL DISTRICT. WHEREAS, the City of De!ray Beach proposes to make applica- tion for various permits from the Flood Control District concerning water wells and the withdrawal of -¢~ater from ,~ ......... m ~.~~ resources; and, WHEREAS, proof of authority for signature on said permits is required by the Flood Control District, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU~CIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the City Manager be and is hereby authorized to execute and file applications on behalf of the City of Delray Beach, with the Flood Control District, for the 2. That the City Manager be and is hereby authorized and directed to furnish such information as the Flood Control District may reasonably request in connection with the application which is herein authorized to be filed in- cluding copies of previously prepared reports. PASSED AND ADOPTED in regular session on this the 13th day of May, 1974. MAYOR ATTEST: City Clerk 319C RESOLUTION NO. 28-74 A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, AI~t'HORIZI'NG TH~ EXECUTION OF AN AGP~Eff~LENT ~'~IT~t T~iE FLORIDA EAST COAST RAILWAY COMPANY FOR T~VE. INSTALLATION OF CERTAIN TRAFFIC SIGNALIZATION STRUCTURES AND FACILITIES ON RAILWAY COMPP/CY PROPERTY LOCATED AT LIAVDELL BOULEVAPJD CROSS!~G OF THE F.E.C. RAILWAY RIGHT OF WAY, BEING T}~ RAILWAY'S MILE POST NO. 319 + 1670 FEET. BE IT RESOLVED by the City Council of 'the City of Delray Beach, a municipal corporation of the State of Florida, as follows: 1. That the City of Delray Beach, a municipal corporation of the State of Florida, does hereby contract and agree to enter into an.agreement with the Florida East Co'st Rail%ray Company, copy of which is attached hereto, wherein and wkereby, said City of Delray. Beach is given the right and privilege to install certain traffic signalization structures a_qd facilities on Railway Company property located .at Lindell Boulevard Crossing of the F.EoC. Railway right- of-way, being the Railway's mile pcst No. 319 + 1670 feet as follows: Licensee, at its sole cost and expense, is given the right and privilege to install pole for traffic signal support; subgrade loop and connections; P.B.C. Signal Control Box; and underground preemption cable in a 4" iron pipe under tracks extending to Rail- way signal control box, all as shown on Palm Beach County Signal- ization Plan Linde!l Boulev~.rd and Old Dixie Highway P H B dated March 15, 1974 attached hereto in pertinent part and made a part hereof. Licensee is given further right and privilege to synchronize its traffic signals at subject crossing and intersection with Railway's automatic crossing signals, installation and maintenance of circuit to be by the Railway at the expense of Licensee, it being mutually understood that Licensee shall maintain its traffic s'ignals and the Railway shall maintain the track circuits for control of the traffic signals, plan and detail to be approved by authorized representative of the Railway. 2. That {he Mayor with the attestation of the City Clerk, be ~nd they hereby are authorized and directed to execute said agree- ment for and on behalf of said City of Delray Beach. 3. That this resolution shall take effect immediately upon its passage. PASSED _AND_ ~OPTED this 13th day of May, 1974. ATTEST: ~ _~Xa~Q C-ity Clerk 319D RESOLUTION NO. 29-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR FURNISHING AiXrD PLACING BITTER BLUE-ST. AUGUSTI~ GRASS IN MUNICIPAL BEACH PARKING LOT. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provision in Section 78 of the City's Charter, award a contract for furnishing and placing Bitter Blue-St. Augustine Grass in the municipal parking lot between State Road A-1-A and Gieason Street, and north of Coconut Road as shown on drawings for Job No. 5-321-73, Sheet 3 of 4; and, WHEREAS, three quotations were solicited for furnishing and placing Bitter Blue-St. Augustine Grass with response as follows: Altieri Landscape Contractors, Inc. - No Quotation Carr Soils & Sod - Driveways - $3,345.00 Turner Nursery & Landscape Company - No QuOtation WHEREAS, only one quotation was received from Carr Soil & Sod - Driveways, and it is the opinion of the City Engineering Office that the bid is reasonable; and, WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest of the City~ NOW, THEREFORE, BE IT RESOLVED BY T~IE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That said contract for furnishing and placing Bitter Blue- St. Augustine Grass in the municipal parking lot between State Road A-1-A and Gleason Street, and north of Coconut Road as shown on drawings for Job No. 5-321-73, Sheet 3 of 4, ~e awarded to Carr Soils & Sod - Driveways, in the amount of $3,345.00. PASSED AND ADOPTED in regular session of the Delray Beach City Council this 13th day of May, 1974. . MAYOR ATTEST: /,'~c'ra.~G C~ty Clerk 319E RESOLUTION NO. 30-74. A RESOLUTION OF THE CITY COUNCIL~ OF THE CITY OF DELRA¥ BEACH i.N-DICATING INTENT TO JOIN WI.TH OTHER GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT IN THE PALM BEACH COlIN=fY, FLORIDA, AREA TO DEVELOP AND IMPLEM]ENT A PLB_N RESULTING IN A COORDINATED WASTE TREATMENT ~tANAGEMENT SYSTEM FOR THE AREA. WHEREAS, pursuant to Section 208 of the Federal Water Pollution - Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "the Act"), the Administrator of the United States Environmental Protection Agency has by regulation published guidelines for the identification of those areas which, as a result of urban-industrial concentrations or other factors, have substantial water, quality control Problems (40 CFR Part 126); and, WHERF~S, the PALM BEACH COUNTY, FLORIDA, area (hereinafter called "the Area") satisfies the criteria contained in the Act and guidelines and designation of the Area pursuant to Section 208 and those guide- lines is desirable; and, WIIEREAS, Section 126.10 of the guidelines requires, among other things, that the affected general purpose units of local government within the problem area must show their intent, through formally adopted resolutions, to join together in the planning process to develop and implement a plan which will result in a coordinated waste treatment m~n~gement system for the Area? and~ WHEREAS, such planning process and waste treatment management system is a necessary and significant measure to control present point and non-point sources of water pollution and to guide, and regulate future development and growth in the Area which may affect water quality, in order to prevent, abate and solve.existing and potential substantial water quality control problems, NOW, THEREFORE, IT IS RESOLVED THAT the City of Delray Beach, County of PALM BEACH, FLORIDA, recognizing that the PALM BEACH COUI~TY, FLORIDA, Area has substantial water quality control· problems, supports designation of the Area pursuant to Section 208, and the EPA guidelines. IT IS FURTPIER RESOLVED THAT THE City of Delray Beach intends to - join with other affected general purpose units of local government within the boundaries of the Area to develop and implement a plan which will result in a coordinated waste treatment m~nagement system for the Area.' IT IS FURTHER RESOLVED THAT all propOsals for grants for construc- tion of publicly owned treatment works within the boundaries of the designated Area will be consistent with the approved plan and will be made only by the designated management Agency. PASSED AND ADOPTED in regular session on this the 13th day of ~ City Clerk 319F RESOLUTION NO. 31-74. A RESOLUTION OF 'ITtE CITY COUNCIL OF THE Ci~f OF DELRAY BEACH, FLORIDA, REQUESTING THE COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO RECONSIDER AND PERMIT DELTA AIRLINES TO EXPAND T~EIR FACILITIES AT PALM BEACH COUNTY AIRPORT.' WHERF~S, air transportation is utilized more and more, not only by tourists, but by local residents who must, in their daily business, communicate with distant points and who must utilize air transporta- tion in their conservation of time; and, WHEREAS, the present Palm Beach County Airport will continue to show an increase in passenger traffic, adding to the already congested and out-grown facilities; and, WHEREAS, a relocation of the present Palm Beach County Airport, if ever done, will take years to locate and construct, during which time, congestion of planes, cars and people will be reaching a more impossible situation at the present location; and, WHEREAS, increased flights into and out of the present airport facilities are a necessity if the residents of Delray Beach and the / ~alance of Palm Beach County are to be served; and, WHEREAS, Delta Airlines has offered to expand Delta facilities at the expense of Delta at the Palm Beach County Airport and with no expense to Palm Beach County; and, WHEREAS, such additional facilities are needed for planes, passenger facilities, car parking, loading and unloading facilities for passengers and luggage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: 1. The City Council of the City of Delray Beach requests that the County Commissioners of Palm Beach County reconsider and allow Delta Airlines to exp~nd the.ir facilities as has been presented and requested. 2. Copies of this Resolution be furnished to each of the County Commissioners of Palm Beach COunty, County Attorney, County Airport Manager and Delta Airlines. PASSED AND ADOPTED in regular session on this the 13th day of May, 1974. City Clerk 319G !i RESOLUTION NO. 32-74. !. A RESOLUTION OF THE CITY COL~CIL OF THE CITY OF !! -DELRAY. BEACH, FLORIDA, APPROVING CoN~rRIBUTION ,, TO THE COU~TY OF PALI¥I BEACH TO AID IN THE CONSTRUCTION OF BICYCLE PATHS. IVHEREAS, Palm Beach County is attempting to establish and maintain a County-wide network of bicycle paths; and WHEREAS, in order to help implement this network, it is necessary to aid in the construction of bicycle paths within certain municipalities; and WHEREAS, the County of Palm Beach, Florida, is desirous of constructing a bicycle pathj to be a part of the Palm Beach County network, running from Swinton Avenue in Delray }~each west on N. W. 4th Street and Lake Ida Road to Military Trail in %he County. · NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that: 1. The foregoing recitals are hereby adopted and reaffirmed; 2. The City Council of the City of Delray Beach hereby authorizes and approves the contribution of Eleven Thousand Eight Hundred Ninety-one and H 00/100 ($11j 891.00) Dollars tovzard the construction and signing of a bicycle path and walk on the north side of N. W. 4th Street and Lake Ida Road extending from Swinton Avenue in Delray Beach to Military Trail in the County. 3. The contribution of City of Delray Beach shall be authorized upon completion of construction by the County of Palm Beach and proper notification to the City Council of the City of Delray Beach of said completion. 4. Copies of this resolution be forwarded to the County of Palm 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED on this 13th day of May , 1974.  ' MA ;City Clerk 319~t RESOLUTION NO. 33-74. A RESOLUTION OF THE CITY COU!~,rCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALS{ · BEACH COUNTY SCHOOL BOARD TO PROVIDE TRANSPORTATION FOR 43 STUDENTS LIVING IN SAC 288 TO SPADY ELEI~IENTARY SC HOOL. WHEREAS, the Palm Beach County School Board has redistricted SAC 288 so that 43 students have been transferred to Spady Elementary School; and WHEREAS, the 43 students are of tender and trusting age (kinder- garten through fifth grad e); and WHEREAS, the routes to be utilized by these 43 students are extremely hazardous due to heavy morning traffic, including conslruction work in progress on 1-95; and WHEREAS, if bus transportation is not provided, many of the 43 students will be entered into private school and the purpose of the transfer will not be achieved; and WHEREAS, the 43 students live within a mile of Spady Elementary School and exceptions are made for bus transportation for some students living within the one-mile limit; and WHEREAS, N. E. 2nd Avenue, Swinton Avenue, N. E. 4th Street and Lake Ida Road, and particularly the intersection of Swinton and N. 4th Street, are heavily trafficked roads during the period of 7:00 o'clock A.M. to 9:00 o'clock A.M. daily, which the 43 transferred students must cross or walk along side of~ WHEREAS, no sidewalks exist west of Swinton Avenue and the 43 students would have to walk in the heavily trafficked streets; and WHEREAS, SAC 288 is bounded by Lake Ida Road on the south which has a stone fence erected on private property for a distance of approximately 2,000 feet, necessitating a circuitous, dangerous route for students living !o the north ihereof~ NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, Florida, that: 1. The City Council of the City of Delray Beach strongly urges that the School Board of Palm Beach County provides transportation for the 43 3].91 students of SAC 288 who have been transferred to Spady Elementary School. 2. Copies of this resolution be furnished to the members of the School Board. PASSED AND ADOPTED in regular session on this the 13t]~ day of May, 1974. ATTEST: City Clerk Res. No. 33-74. ORDit2'd:t2~ ~[0, 20-7:;. 319J DELEAY DI':ACi! Ci'?.TAIH I,?~, :/.i:.~'FLY LOT 11, EXISTING WJNICIPAL LIi4iTS OF SAID CITY; REDEFINING ~.O:, THE RIGHTS AiCD OEL!GATI0~S OF SAiD · ., ~d%~; Ai'UD PROVIDING POR TtIE ZOi~I~G THEREOF. ~REAS, L0~,;IE W. COOK, JR. and ~.RY ELLEN COOK, his wife, are the fee simple ovmers of the property hereinafter described; and, %'~tEREAS, LOi,K,~IE %~. COOK, JR. and I~SARY ELLEN COOK.~ his wife, their petition, have consented and given pa.~ission for the annexa- tion of said property by the City of Delray Beach; and, %*~REAS, the City of De!ray Beach has heretofore ~een authorized to annex lands in a~ - ~ ~ with _corc,.n~._ Section 185.1 of the city Charter of said Ciky ~ ' g~anuea to. it by the State.of Florida, OF DELiLLY BEACH, ~ LO:,ID~, AS ¢.OLmO..S: SEPTIC_.. I ~at the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the fol!o'.vin~ described tract of land located in Palm Beach County, 'Florida, which lies' ~ -~ co..~=uous to said City, to-wit: .... ~ ESTATES, a-subdivision in Palm Beach. County, ~__orzd=,' = according to the Plat thereof recorded in Plat Book 25, Page 26, Public Records of P~/.r:3. Beach Courty, F!orif. n. SECTICN 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City.of Delray Beach, Florida. SECT!CN 3. That the tract of land hereinabove described is hereby declared to be in Zoning Distri~ , ~ R-I~ as defined by exist~ lng ordinances of the City of Delray Beach, Florida. SECTIOiI 4. That the land hereinabove described shall i~me- diately become subject to all of the franchises, privileges, immuni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurmsaz_tmon such record of illegality shall in no way affect the remaining portion. PASSED AND 2~OP~ED in regular session on .the` second and final r-ading on %he 13th day of May , 1974. ATTEST: // M A Y 0 R '/ ' ' A?R 0 7q74 Fir:;t IteadJ. mj .... ;; ' '319K ORDINANCE NO. 21-74. AN ORDINANCE OF THE CITY COL~.~CIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO~TItE CITY OF DELI~XY ~EACH CERTAIN LAND LCCATED IN SECTION 8, ......... TOWNSHIP ,16 SOUTiI, RANGE 43 EAST, ~'~iIC}i LAND IS ' ~'~";~ 'CONTIGUOUS TO EXISTING ~.'.UNICIPAL LIMITS OF SAID CITY, AND R'EDEFINING TIlE BOUNDARIES OF SAID. CITY TO INCLUDE SAiD LAND. . ~. WHEREAS, the City of Delray Beach, A Municipal Corporation of the State of Florida, is the fee simple owner of the property hereinafter described, and WHEREAS, the city of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City grante~ to it bv the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLO>,~S: · SECTION 1. That the City Council of the-City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the foIIowing described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: ' A parcel of land lying in the Northwest Quarter (~q~) of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, said parcel being more Darticu!ar!v described as fo].!ows: Commence at the Northwest corner o'£ Said Sec- tion 8; thence S 0°43'21"E, on an assumed bear- . - lng, along the West line of said'Section 8, a distance of 90.0 feet; thence S89°48:45"E, para- llel with the North line of said Section 8, a distance of 253.0 feet to the Point of Beginning; thence continue S89°48'45"E, parallel with the .-~ said North line of Section 8, and along the South right of way line of Lake Worth Drainage District Lateral Canal No. 30, as sho~ on sheet 102 of - '~ 240 sheets and .recorded in the Public Records of Palm Beach County, Florida, a distance of 792.0 feet; thence S81°18'45"E, continuing along the _. said South right of way line of Lateral Canal No. 30, a distance of 386.25 feet to an intersec-'-./~.~.~:.: tion with the Westerly right of way line of the Seaboard Coast Line' Railway; thence S!8o22.'00"W, along the said Westerly right of way line of the Seaboard Coast Line Railway, a distance of 1,656.42 feet; thence N89°dS'45".W, parallel with the said North line of Section 8,' a distance of 662.69 feet to an intersection with a line 200.0 feet East of the Easterly right of way lin of Congress Avenue, as measured along' a radial line; thence Northerly, along a curve concave to the West, said curve having a radius of 4,072.80 feet and a central angle of 7o07'06'', and said curve being 200.0 feet East of, as measured along a radial line, and parallel with the said Easterly 319L right of way line of Congress Avenue, a distance of ·506.00 feeC to .the end of said curve; th'ence N 0°~.3'21'' ?lest along a linc being 200.0 feet East of, as measured at right angles, and para- '. llel with the said Easterly right of way line of Congress A:Tenue, a distance of 1125.8~. feet to the Point of_ Beginning, containing 34 acres. '. SECTION 2. That the boundaries of the city of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and said land is hereby declared t~ be within the corporate limits of the City of Delr~-y Beach, Florida. SECTION 3 That the land herein above described is hereby de- clared to be in Zoning District _~M-15 as defined by existing ordi- nances of the City of Delray Beach, Florida. SECTION 4. That if any w~rd, phrase, clause, sentence of part of this Ordinance shall be declared il!e.cal by a court of competent jurisdiction, such record of illegality shall in nc way affect the remaining portion. PASSED in regular session on the second and final reading on this thel3th day of May , 1974. · ATTEST: /~..,/~.c¥~C, Czty ~lerk April 22, 1974. .Firs .t .Reading Second Reading May 13, 1974. 2 .<: ~ Ord. No. 21-74.