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08-26-74 AUGUST 26, 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, August 26, 1974, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, Council members Grace S. Kri¥os, David E. Randolph, J. L. Saunders and Leon M. Weekes present. 1. The opening prayer was delivered by Rev. Arthur Spruill of St. Paul's Episcopal Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. qbe minutes of the regular meeting of August 12, 1974 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mrs. Krivos reported an incident which occurred on the south end of the beach recently that involved six men and two women swimming and sunbathing in the nude. She requested some action be taken to attempt to stop such incidents. 4.b. Mr. Weekes reported the Lobster Shanty was holding a benefit o~the widow of Officer John D. Kennedy and requested the City to express their appreciation for this effort and to explain why Council members could not attend. 4.c. Mayor Scheifley reported the Spanish River Inn would hold a dinner on Wednesday, September 3rd, at $25.00 a plate, with all proceeds to be donated to the Kennedy family. 4.d. Mayor Scheifley read a Proclamation proclaiming the week of August 26, 1974 as "You Can Week" sponsored by the School Board of Palm Beach County Department of Adult and Community Education. 4.e. Mayor Scheifley read a Proclamation proclaiming the day of August 26, 1974 as "Women's Suffrage Day" sponsored by the South Palm Beach County League of Women Voters. 5.a. Mr. Tom Ingersoll, the Arvilla Hotel, Delray Beach, spoke from the floor concerning the closing of bars at 2:00 A.M., asking that Council seriously consider the adoption of emergency legislation for eight weeks after which time a referendum be placed before the citizens of Delray Beach to close the bars at 2:00 A.M. Mr. Jack Pitts, 237 Seacrest Lane, Delray Beach, stated if the acting Police Chief considers it important enough to begin a foot patrol, then certainly the closing of bars earlier should be of assistance to him and to the Police Force. Mr. J. Watson Dunbar, 50 East Road, Delray Beach, spoke for the Beach Property Owners Association expressing his agreement with the two previous speakers. Mr. Erwin W. Kresser, 234 N.W. 17th Street, Delray Beach, asked that Council take action on ~hls problem. 5.b. Mr. Dale Christianson, 625 Heron Drive, Delray Beach, requested that the administration of the City and/or the Council con2 sider a "back-door" water supply into Tropic Palms. He stated if anything malfunctions with the main on Federal Highway between S.E. 8th Street and Eve Street, all of Tropic Palms and Tropic Isles are without water. Mr. Christianson stated the citizens have been told a water line will be run down Germantown Road to connect with the line on Lindell Boulevard and requested Council consider this project while they consider the proposed project to be constructed in Tropic Palms. 5.c. Mr. Randolph questioned the City Manager as to responses from Boynton Beach or Boca Raton concerning the bars closing at 2:00 A.M. City Manager Mariott replied no response has been received from either city. Mr. Randolph stated he felt enough time has elapsed for a reply and requested that the City Manager press for an answer. Mr. Saunders stated he understood a workshoU would be held this week on some capital improvement programs and requested the subject of bars closing early be discussed at this meeting. The City Manager stated the subject of a future workshop should be discussed at this regular Council meeting. 6.a. The City Manager reported about 20 months ago, the City took ~-~ for the installation of a force main to provide sanitary sewer service for the City of Highland Beach. Beach erosion rendered inoper- able the City's force main on the beach that had previously been installed. After considerable discussion, it was decided not to award the contract at that time. It is now felt advisable to recommend the contract for the force main be awarded for the following reasons: 1 - the contract between the two cities, Delray Beach and Highland Beach, provides that it is the responsibility of the City of Delray Beach to maintain any of the facilities inside the city limits; and 2 - the City of Delray Beach has not been able to use the metering device for establishing the rate of charge to the City of Highland Beach since the sewer service is now being provided by way of a gravity line instead of a force main. The installation of a force main will permit metering, will increase the revenue of the City approximately $200 per month and will provide a direct route to the ocean outfall which will save approximately $100 per month because of less electri- city and less overtime. It is recommended by Russell and Axon, the City's consulting engineers, that the force main be inStalled, said recommendation being concurred in by the Director of Public Utilities, the City Engineer and the City Manager. The following bids have been received by the City: Bid Precast Bidder Brick Manhole Concrete Manhole Gulfstream Construction Co., Inc. $31,780.00 $31,630.00 Orton Construction Co. 32,139.85 32,065.00 Lyons Construction Co. 32,165.00 32,065.00 Onontario of Florida, Inc. 38,583.00 36,563.00 Webb General Contracting 38,436.00 38,436.00 It is recommended the bid be awarded to Gulfstream Construc- tion Co., Inc. in the amount of $31,630.00 with the funds to come from the Replacement Reserve of the Water and Sewer Fund. The low bid 20 months ago was in the amount of $28,072.20 which is only a $3,000 increase in the present bid. Mr. Weekes moved the bid be awarded to Gulfstream Construction Co., Inc., in the amount of $31,630.00, seconded by Mr. Saunders, said motion passing unanimously. Mr. Saunders suggested that at the earliest possible time the City review their contract with Highland Beach with the idea of providing more satisfactory rates for the City of Delray Beach. City Manager Mariott stated a proposal has been submitted tn the City by Russell and Axon concerning this contract. An interim increase can be accomplished between the two administrations and at the time the new sewage treatment plant is in operation, new rates can be established. -2- 8-26-74. 7.a. The City Manager stated a request has been received by the ~-~y for a gratis license by Mr. Sydney Brickman for operation of a business to be located at 790 North Federal Highway to be known as Home Interiors. Mr. Brickman has complied with all City requirements and it is recommended the gratis license be granted by Council. Mr. Saunders moved the license be granted, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 7.b. City Manager Mariott reported the Delray Beach Community Chest has applied to the City for permission to solicit funds between February 12 and February 26, 19~, from door to door, and from November, 1974 through January 1975, during which period letters will be mailed. The City Solicitation Committee has recommended that approval be given by Council for this request. Mr. Saunders moved that the Solicitation Committee's recommendation be complied with, seconded by Mrs. Krivos, said motion passing unanimously. 7.c. The City Manager stated the City is in receipt of a request t-~ the site plan for the Old Harbor multi-family dwelling develop- ment which is planned for 518 units on the Old Tropicana Golf Course property located in the Southeast Quarter of Section 21 and the North- east Quarter of Section 28, Township 46 South, Range 43 East be extended for one year, from September 10, 1974 to September 10, 1975. It is recommended that Council approve the request. Mrs. Krivos moved the request for a site plan extension for Old Harbor for one year be approved, seconded by Mr. Randolph, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 48-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR CO~LETE DEMOLITION OF WOOD Fk~E STRUCTURE AND CONCRETE FOUNDATION _~ND REMOVAL OF SAME FROM SITE; ALSO GRADE, LEVEL AND COMPACT AREA INVOLVED BY THE REMOVAL OF BUILDING; ALSO FENCE REMOVED TO BE REPLACED; SAID BUILDING KNOWN AS TEEN TOWN RECREATION CENTER LOCATED AT 240 N.W. 10TH AVENUE, DELRAY BEACH, FLORIDA. ~Copy of Resolution No. 48-74 is attached to the official copy of these minutes.) City Manager Mariott stated sometime ago Council authorized the demolition and removal of the Teen Town Center Building and the following bids have been received by the City for this project: Bidder Bid Jay P. Calloway, Contractor $1,600.00 Campbell Construction Company 1,800.00 Oneman Engineering Contractor 2,835.00 It is recommended that the contract for the demolition of this building be awarded to the low bidder, Jay P. Calloway, in the amount of $1,600.00 with the funds for the project to come from the General Fund Contingency Account. Mr. Saunders moved the contract be awarded to the low bidder, Jay P. Calloway, in the amount of $1,600.00, 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. Mr. Randolph stated he had made a personal inspection of the new facility that has been built in the Teen Town Complex and that he felt it was an excellent job and would be a tremendous addition to the City. He requested that it be properly staffed and maintained. -3- 8-26-74. 8.b. The City Manager presented Resolution No. 49-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ESTABLISH- MENT OF A RESTRICTED SPEED AREA ON THE INTRACOASTAL WATERWAY, AND THE ERECTION OF UNIFORM WATERWAY REG- ULATORY MARKERS IN COMPLIANCE WITH FLORIDA STATUTES 371.522 AND 371.523. (Copy of Resolution N9. 49-74 is attached to the official copy of these minutes.) City Manager Mariott reported there is a new Florida State Law which has been supplemented by extensive rules and regulations promulgated by the Department of Natural Resources having to do with signs and markers in the State's waterways. Passage of Resolution No. 49-74 that will permit the City of Delray Beach to comply with the State law is recommended. The City Manager stated two major reasons prompted the State law: 1 - Safety; and 2 - To provide a more uniform marking of the waterways to enable boaters to better comply with the markings. Mr. Weekes questioned the present speed limit on the Intracoastal Waterway. Mrs. Krivos questioned how the speed restric- tions would be enforced. The City Manager stated it is the City's responsibility to enforce the law in whatever method it chooses. Mr. Weekes moved for the adoption of Resolution No. 49-74, seconded by Mrs. Krivos. Mayor Scheifley requested that the City Manager have a member of the department responsible for complying with the State law attend a workshop meeting to answer questions of the Council. Mr. Weekes suggested this be accomplished by correspondence to which Council agreed. 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. 50-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE ASSIGN- MENT OF THE DELRAY BEACH PUBLIC LIBRARY ASSOCIA- TION, INCORPORATED, LEASE AS COLLATERAL FOR A LOAN TO SAID ASSOCIATION. [Copy of Resolution No. 50-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Resolution was discussed at the last workshop meeting. The Delray Beach Public Library Association 'has asked that this Resolution be adopted which will give the authority to the Association to borrow money from financial institutions for ' making the planned addition and renovation to the Library. Mr. Saunders moved for the adoption of Resolution No. 50-74, 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. 8.d. The City Manager presented Resolution No. 51-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CEKTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 51-74 is attached to the official copy of these minutes.) -4- 8-26-74. City Manager Mariott recommended that Resolution No. 51-74 be adopted which will assess the cost that has been incurred in the clearing of certain properties to meet the City's Ordinance require- ment. Mrs. Krivos moved for the adoption of Resolution No. 51-74, 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. 8.e. The City Manager presented Resolution No. 52-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING CERTAIN SANITARY SEWERS INSTALLED ON LINDELL BOULEVARD, BOBOLINK ROAD AND HERON DRIVE IN THE SUBDIVISION OF TROPIC PALMS BEING CITY SEWER PROJECT NO. 74-315, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. (Copy of Resolution No. 52-74 is attached to the official copy of these minutes.) The City Manager recommended that Resolution No. 52-74 be adopted which approves the sewers in certain sections of Tropic Palms as being operational and authorizes the levying of sewer service charges at these locations. Mr. Randolph moved for the adoption of Resolution No. 52-74, seconded by Mr. Saunders. 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. 53-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, _AMENDING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF DELRAY BEACH BY CHANGING TO MI MEDIUM INDUSTRIAL CLASSIFICATION THE AREA BOUNDED ON THE NORTH BY DIXIE BOULEVARD, ON THE SOUTH BY LINTON BOULEVARD, ON THE WEST BY A LINE APPROXIMATELY 660 FEET EAST OF THE CENTER- LINE OF S.W. 4TH AVENUE AND PARALLEL THERETO AND ON THE EAST BY THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. ~Copy of Resolution No. 53-74 is attached to the official copy of these minutes.) A sketch was projected showing the area involved on the proposed modification of the Comprehensive Land Use Plan. The City Manager reported the Planning and Zoning Board sometime ago had recommended a change in the Land Use Plan which would change this area from R-lA single family to MI Medium Industrial zoning. Council concurred in the change. 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 Resolution No. 53-74, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs.-Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.g. ~he City Manager presented Resolution No. 54-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH-SOUTH SIXTEEN FOOT ALLEY LYING BETWEEN -5- 8-26-74. LOTS 1 THROUGH 5 AND LOTS 6 THROUGH 8, BLOCK 6, RIO DEL REY SUBDIVISION; AND VACATING AND ABANDONING THE NORTH-SOUTH SIXTEEN FOOT ALLEY LYING BETWEEN LOTS 1 THROUGH 6 AND LOTS 7 THROUGH 12, SANBORN- STONE SUBDIVISION. (Copy of Resolution No. 54-74 is attached to the official copy of these minutes.) City Manager Mariott reported the Planning and Zoning.Board at a recent meeting acted upon two requests that two different sections of the north-south alley between S.E. 5th Avenue and S.E. 6th Avenue and extending from S.E. 8th Street southward to S.E. 9th Street be abandoned. The two requests have been consolidated into one Resolution abandoning the entire alley and it is recommended that Council author- ize the abandonment of the alley. Mr. Weekes moved for the adoption of Resolution No. 54-74, 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. 8.h. The City Manager presented Ordinance No. 38-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 29, 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 LANDS; AND PROVIDING FOR THE ZONING THEREOF. City Manager Mariott reported that this item was the first of five on the agenda concerning the request of the Boca Raton Yacht and Tennis Club, Inc. He stated the remarks made concerning this item would be equally applicable to Items 8.i. through 8.1. Sometime ago the applicant, Boca Raton Yacht & Tennis Club, Inc. presented a re- quest to the City's Planning and Zoning Board involving several annexations, rezonings, realignment of ~treets, and related matters. The Planning and Zoning Board recommended to Council that the request be denied. Council then considered the request at a workshop meeting, at which the applicant and the applicant's consultants appeared; Council informally agreed to look with favor upon granting certain of the requests and not granting others, the net effect of which was to greatly upgrade the planned development of the area. Council then agreed to present the request on the next regular agenda. At that meeting, Council referred it back to the Planning and Zoning Board for further deliberation and consideration. The Planning and Zoning Board at a recent meeting, based on the revised application, voted unanimously to recommend approval to Council. A sketch was projected showing the three annexations and two rezonings. The City Manager explained the zoning of each of the five parcels involved, stating further that the original request of the applicant to have approxi- mately 58½ acres rezoned from R-lA to RM-15 is no longer under consider- ation and will remain R-lA single family zoning. The present appli- cation for this project now conforms to the Master Plan. The City Attorney stated each Ordinance should be acted upon separately. Mrs. Krivos moved to adopt Ordinance No. 38-74 on first reading annexing 10.11 acres of land subject to R-1AA zoning, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 39-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 29, -6- 8-26-74. 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 LANDS;.AND PRO- VIDING FOR THE ZONING THEREOF. Mr. Saunders moved for the adoption of Ordinance No. 39-74 on first reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.3. The City Manager presented Ordinance No. 40-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 29, 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 LANDS; AND PROVIDING FOR THE ZONING THEREOF. Mrs. Krivos moved for the adoption of Ordinance No. 40-74 on first reading, seconded by Mr. Weekes. Question was raised from the floor concerning the proposed zoning of Parcel E as Specialized Commercial. Mayor Scheifley stated a Public Hearing would be held on second and final reading of the Ordinance. He further explained the Master Land Use ~tan was primarily a guide, not a rigid, inflexible plan. Mr. Ellis Chingos, Boca Raton, spoke from the floor ex- pressing his opposition to the entire project. He stated too much commercial zoning existed at present and cited several locations containing acreage now designated as commercial. The City Manager stated this matter would be open to a Public Hearing on September 23, 1974. Upon roll call, Council voted'as follows: Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.k. The City Manager presented Ordinance No. 41-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING APPROXIMATELY TWO AND ONE-HALF ACRES OF LAND LOCATED IN THE NORTHWEST QUARTER (NW¼) OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING AN IRREGULAR PARCEL OF LAND LYING ON THE SOUTH SIDE OF S.W. 12TH STREET BETWEEN VEERY CIRCLE AND LINDELL BOULEVARD IN "RM-15 MULTIPLE FAMILY .DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". Mrs. Krivos moved for the adoption of Ordinance No. 41-74 on first 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. 8.1. The City Manager presented Ordinance No. ~2-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING APPROXIMATELY 14 ACRES OF LAND LOCATED IN THE NORTHWEST QUARTER (NW¼) OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING AN IRREGULAR PARCEL OF LAND LYING ON THE SOUTH SIDE OF S.W. 12TH STREET BETWEEN S.W. 4TH AVENUE AND 1-95 -7- 8-26-74. IN "SC SPECIALIZED CO~4ERCIAL DISTRICT", AND AMENDING "ZONING ~P OF DELRAY BEACH, FLORIDA, 1972". Mr. Saunders moved for the adoption of Ordinance No. 42-74 on first reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.m. The City Manager presented Ordinance No. 45-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN THE WEST HALF OF THE SOUTHWEST QUARTER OF LOT 3, SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager reported the City is in receipt of an application for annexation of a tract of land on the north side of N.E. 7th Street between N.W. 8th Avenue and N.W. 6th Avenue lying in the Southwest quarter of Section 8, Township 46 South, Range 43 East, subject to R-1AA zoning, which is compatible with surrounding property. Mrs. Krivos moved for the adoption of Ordinance No. 45-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council vote~ as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.n. The City Manager presented Ordinance No. 48-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 17-28 "STATE FELONIES AND MISDEMEANORS" OF CHAPTER 17 "OFFENSES" OF THE CITY'S CODE OF ORDINANCES TO INCLUDE ALL STATE LAWS ENACTED BY THE 1974 FLORIDA LEGISLATURE; REPEALING ALL'ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. The City Manager stated passage of this Ordinance is recommended by the City Attorney for the purpose of complying with all State laws regarding Felonies and Misdemeanors. The City Attorney stated this simply updates the City's Code of Ordinances to conform with the 1974 Legislature session. Mr. Randolph moved for the adoption of Ordinance No. 48-74 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. 9.a. The City Manager stated a report from the Planning and Zoning Board recommended by unanimous vote at a meeting held on August 20, 1974, that the final payment in the amount of $678.50 be made to Bart, Dunlop & Associates on that firm's contract with the City for preparation of the Master Plan. The original contract with Barr, Dunlop & Associates was in the amount of $21,000.00 entered into on March 30, 1970. The City Manager reported the maps have been received depicting the Master Plan. The funds will come from the General Contingency Fund Ac=ount. Mr. Saunders moved the firm of Bart, Dunlop & Associates be paid the amount of $678.50 for final payment, funds to come from the General Contingency Fund Account, seconded by Mr. Randolph, sail motion passing unanimously. -8- 8-26-74. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Randolph, seconded by Mr. Saunders. General Fund ............ $679,157.64 Water and Sewer Fund ........ 448,402.64 Special Assessment Fund ...... 430.00 Cigarette Tax Fund .......... 64,537.50 Utility Tax Fund .......... 19.28 Refundable Deposits Fund ...... 20,113.00 Citizens Contribution Fund ..... 515.00 Improvement Trust Fund . .- ..... 90,000.00 Beach Restoration Fund_ _ .... 25,814.90 Federal Revenue Sharing'FUnd .... 100,000.00 10.b.1. Council discussed passing an emergency ordinance to close all bars at 2:00 A.M., suggesting that a regular ordinance be passed and the item be placed on a referendum basis in the General Election on December 3, 1974. The City Attorney stated Council could request the issue be placed on the ballot during General Election without petitions. Discussion ensued resulting in Mr. Saunders moving to authorize the City Attorney to draft an Ordinance closing bars at 2:00 A.M., said motion being seconded by Mrs. Krivos. The motion passed unanimously. 10.b.2. The City Manager stated because of the change in the law governing annexation making it more difficult to annex property, it is recommended that two ordinances be passed on first reading at this meeting which would annex street right-of-way on a portion of S.W. 10th Street and a portion of Barwick Road, each by separate ordinance, for better law enforcement purposes at those locations. The City Manager presented Ordinance No. 46-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING A PORTION OF A CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS S.W. 10TH STREET BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. City Manager Mariott explained the location as being on S.W. 10th Street between Swinton Avenue and Germantown Road. Mrs. Krivos moved for the adoption of Ordinance No. 46-74 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. The City Manager presented Ordinance No. 47-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING A PORTION OF A CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS BARWICK ROAD BEING IN SECTIONS 12 AND 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. City Manager Mariott stated this ordinance would annex that portion of Barwick Road between the southernmost point of High Point Subdivision extending northerly to the Lake Worth Drainage District Lateral No. 30 Canal. Mrs. Krivos moved for the passage of Ordinance No. 47-74 on first reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. P%ndolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 10.b.3. The City Manager reported he received two communications, one from the Delray Beach Lodge No. 94 Fraternal Order of Police and the second from the Delray Beach Police Benevolent Association. Each letter was signed by the Presidents of each group respectively. The letters both ask that these organizations be recognized as the joint -9- 8-26-74. representatives of the Police personnel for collective bargaining purposes. These letters make the same request of the City jointly that the Palm Beach County Police Benevolent Association has made. The City Manager stated he felt this item should be made a matter of public record. 10.b.4. City Manager Mariott stated he had received a call from Mr. Arthur Strock in his capacity of Beach Erosion Consultant to the County. The firm of A. V. Strock and Associates is involved in preparing a very comprehensive beach erosion study and evaluation for the entire coastline of Palm Beach County. Mr. Strock reported that any beach erosion study authorized by the Federal Government is retired after ten years. One of the studies authorized by the Federal Government is ten years or more old and was used by A. V. Strock's firm in its compilation of its present study. If the ten year old study is retired, he will no longer be able to incorporate that study in his present study. This will cause Mr. Strock to obtain new Federal legislation and begin the study again. Palm Beach County recently passed a resolution attempting to preserve the integrity and usefulness of the study that is about to be retired and munici- palities along the coast of Florida are being asked to pass a similar resolution. It is recommended a resolution be passed, the wording of which would be formulated later, based on the County resolution. Mr. Arthur Strock stated there was a need to pass the resolution without waiting for it to be drawn up and presented at the next Council meeting, emphasizing that as much support as possible will be required. Mr. Saunders moved to pass Resolution No. 55-74, 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. 10.b.5. The City Manager reported a workshop should be held prior to the next regular Council meeting on September 9, 1974. Council agreed to hold the meeting on Thursday, September 5, 1974. 10.b.6. Mayor Scheifley reported several months ago the County Commission had a hearing to extend Kings Point into the Delray Beach Reserve Area. The Planning and Zoning Board recommended that Council oppose Kings Point coming into the Reserve Area. Council instructed Mayor Scheifley to appear at the hearing to oppose the action. The County Commission voted 3 to 2 not to allow Kings Point to extend into the Delray Beach Reserve Area. Several weeks later, the press reported Mr. Lake Lytal wanted to change his vote and was now in favor of Kings Point coming into Delray Beach and asked the County Commission to reconsider their vote. The Planning and Zoning Board met on August 20, 1974 and decided to wait for the procedural action to be taken on the part of the County Commission before making recom- mendations on the matter. Mayor Scheifley stated the request from Kings Point was to reduce their density by 1,000 units provided the density in 'the Delray Beach Reserve Area was raised; the County density would be lowered with a resulting 12 units per acre in the Reserve Area although the County Master Plan calls for 4 units per acre in that area and the City's Master Land Use Plan calls for 6 units per acre. The City Manager reported it takes three votes of the County Commissioners to reconsider a matter. 10.b.7. The City Manager requested the City Clerk to read a communi- cation into the record. "TO: DELRAY BEACH CITY COUNCIL FROM: ANTI-CRIME COUNCIL At the meeting of the ANTI-CRIME Council on August 22, 1974, it was unanimously voted to recommend the following items for considera~ion as necessary crime control measures: -10- 8-26-74. 1. Foot patrolmen -- to discourage crime in the areas of sidewalk prostitution, drugs, shop lifting, etc. It is felt that the presence of foot patrolmen would cause the potential criminal to think twice before committing a crime, and that the presence of foot patrolmen would give the merchant and/or citizen some degree of security. 2. Burglary squad -- a squad made up of patrolmen using whatever method it would take to apprehend a criminal, i.e. dressed in jeans and T-shirts and riding bicycles or motorcycles in order to apprehend the criminal. 3. Unmarked patrol cars -- cars without the usual equipment for answering calls wherein the criminal may be still in the area. 4. K-9 Corps -- the obvious advantage of early warning in the case of attackers, crowd control and surveil- lance. Respectfully submitted, LeRoy W. Merritt 8-26-74 Acting Chairman" The City Manager requested that a copy of the above letter be forwarded to each Council member, the City Attorney and the City Manager. The meeting was adjourned at 9:20 P.M. City Clerk APPROVED: MAYOR -11- 8-26-74.