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09-23-74 401 SEPTEMBER 23, 1974 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers a% 7:30 P.M., Monday, September 23, 1974, with Vice-Mayor Leon M. Weekes presiding and City Manager J. Eldon Mariott, Acting City Attorney John Ross Adams, Council members Grace S. Krivos, David E. Randolph, and J. L. Saunders present. Mayor James H. Scheifley and City Attorney G. Robert Fellows were absent. 1. The opening prayer was delivered by Rev. Robert Klemm of the Trinity Lutheran Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. ~he minutes of the regular meeting of September 9, 1974 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Ran- dolph with one correction. Item 8.b. refers to Mr. Tom Weber as Assist- ant City Manager'rather than Director of Finance. 4.a. Vice-Mayor Weekes introduced the Council candidates present at the meeting. He welcomed Mr. Ron Sanson and Mr. Andrew Gent. 4.b, Mrs. Krivos pointed out the fact that an item on the Planning and Zoning Board agenda had to be postponed due to the property owners not being notified, and several members of the Board had not received a notice. 4.c. Mrs. Krivos brought to the attention of Council a letter to the President of the Court of Delray Condominium Association pertaining to an easement deed which had incorrect information on it. She requested corrccticn be made prior to signing and placing it on record. 4.d. Mrs. Krivos stated the Charter of the City is very much out- dated, i.e., tax sales, assessments, etc. and she requested the Charter be brought up to date. She questioned the method of such procedure. Acting City Attorney John Adams replied many cities have Charter Boards and he suggested having the City Attorney review the Charter upon his return. The City Manager stated sometime ago the League of Women Voters made numerous recommendations to City Council with regard to Charter changes. Those recommendations were referred to the City Attorney for · drafting. He is prepared to come to Council to discuss 'the changes and any further changes could be added to these reco~nendations. Acting City Attorney Adams stated some of the changes to which Mrs. Krivos referred could be changed by repealing them. Vice-Mayor Weekes suggested Council membe~ list the changes they feel are in order and present them at workshop. 4.e. Mr. Randolph stated he had informed Council sometime ago that he would be working to overturn the signalization study which was pre- pared by the County on West Atlantic Avenue at 10th Avenue. He reported one of the County Commissioners has told him that he should ask · the City of Delray Beach to preDare~a resolution askin~ tha~ the study be rescinded and a traffic signal device be installed somewhere between 5th Avenue and Congress Avenue, a one mile distance. He reported the traffic is very dangerous there and the 1-95 interchange will cause an additional influx of traffic into this area. He stated he would continue to attempt to obtain a light at this intersection. Mr. Randolph moved that the City Attorney prepare a resolution to overturn the sig- nalization study performed by the County Engineer for a traffic signal at West Atlantic Avenue and 10th Avenue, seconded by Mr. Saunders, said motion passing unanimously. 4.f. Mrs. Krivos asked about the delayed or walk light at N.E. 6th Avenue and Atlantic Avenue. The City Manager stated he would check into the matter. 4.~. Vice-Mayor Weekes reported he attended a meeting with rep- resentatives of several civic clubs and Col. Effinger with regard to the Bicentennial Committee for Delray Beach. A group of interested citizens are forming a co~nittee in order for Delray Beach to recognize the 200th anniversary of this country. A resolution wi]il be forth- coming to set up such a committee. 4.h. Vice-Mayor Weekes stated a letter has been received from Mr. Ken Strauss, the Acting County Administrator, requesting that the Mayor of Delray Beach attend a meeting on Wednesday, September 25, 1974 at 10:00 A.M. in the County Commission Chambers to hear a report on the status of rapid transit planning in Dade County. Vice-Mayor Weekes stated he would be unable to attend the meeting and asked if any member of Council or the City Administration would be able to attend. The City Manager stated he would have a representative from the City attend the meeting. 5.a. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, spoke from the floor concerning the installation of traffic lights at the corners of West Atlantic Avenue and 8th Avenue and West Atlantic Avenue and 10th Avenue. He stated he had a petition of about 400 persons requesting these lights. Mr. Randolph amended his previous motion to include 8th Avenue in the resolution to be prepared by the City Attor- ney, seconded by Mr. Saunders, said amendment passing unanimously. 5.b. Mr. Frank F. Ellis, 553 Jaeger Drive, Tropic Palms, spoke concernihg the Boca Raton Yacht & Tennis Club, Inc., questioning-the credibility of the applicants. He stated the State of Florida has passed laws to protect the homeowner and reiterated the desire of the residents of Tropic Palms to maintain a single family home area. He further said enough commercial property exists now and adequate shopping areas are in this area. Mr. Ellis requested Council to take these items into consideration. . 5.c. Mr. David Ekvall, 1004 Island Drive, Delray Beach, spoke from the floor as a private citizen, complimenting the Council and the City Management on the beach beautification program. He questioned the status of the Kucera-Gwynn lots concerning parking. Vice-Mayor Weekes stated the purchase of the two lots had been concluded and a small parcel to the north has been purchased. The County Attorney is handling the mortgage matters on the purchase. Mr. Ekvall then asked the status of the 8th Street Bridge beautification project. Vice-Mayor Weekes answered the County is providing additional fill on either side of the bridge to provide more landscape area and once that is completed, the beautification will proceed with no definite completion date at p~esent. Mr. Ekvall then questioned the status of the license for the Gipper Lounge on the beach. The Police Department and the City Attorney have been requested to determine the legality of such action; the City Attorney has advised that the City will not be able to withhold the reissuance of the license; however, the building itself must comply with city codes prior to issuance of the license.~ The various inspection departments are to inform the City Manager of their findings. Mr. Ekvall then commended the City Manager for his forebearance in the face of seemingly unending criticism as well as for his day to day conduct of city affairs. He stated the City Manager works openly and publicly ~ on behalf of the entire City. He requested Council to assume greater responsibility in public affairs thus relieving to some degree the City Manager of some of the excess burdens of his office which might be better disposed of by the Council. He suggested that the responsibility for the Police Department be lodged with the City Council. Acting City Attorney Adams stated the Council taking responsibility for the Police Department would be a Charter change. 5.d. Mrs. Joanne Thielen, 526 Linnet Circle, Delray Beach, spoke concerning a request for a trg~fic light at the corner of Lindell Boulevard and Dixie Highway. She stated she had been informed by the City Engineer that a light would be installed in approximately 30 days and requested Council to expedite the matter. -2- 9-23-74. 403 Mrs. Thielen then asked what could be done about city enforcement of deed restrictions. She stated other cities enforce deed restriction violations. The Acting City Attorney replied the City would have to put on a special staff if they planned to enforce deed restrictions in subdivisions. He stated deed restrictions, by their very nature, must be enforced by the neighborhood. Vice-Mayor Weekes stated it has been the policy of the City not to enforce the restrictions because of the diversity of each subdivision. The Acting City Attorney stated he would question whether or not any City enforced this type of restriction. Council agreed to discuss the matter at workshop. 5.e. Rev. Sen~ie Taylor, 1437 S.W. 3rd Street, Delray Beach, complimented the City Manager on the job he has been doing in the Police Department. The crisis which recently occurred at the same time as the budget which is very time-consuming, but the City Manager took on additional responsibilities and performed an outstanding job. He then stated that all departments of the City should be taken under consideration, not just the Police Department. He also stated Other'projects should be considered, such as Stuart Arms Apartments. Vice-Mayor Weekes said he had spoken with Dr. Warren Nubern recently and he said he had not heard a word from anyone in a month concerning the project. Mrs. Phyllis Plume stated Dr. Nubern spoke with Mr. Fender in Washington and learned that the total project is in litigation and no funds can be released until a receiver is appointed. Rev. Taylor then questioned the pond that was supposed to be filled in since it is a safety hazard. The City Manager replied the City had given authorization to place all excess fill in the pond, but he could not give a definite date. He stated he would check into the matter. 6.a. City Manager Mariott stated House Bill No. 2797 was passed by the State Legislature during the last session. This law requires each city to give notice not later than October 1, 1974 which of the three alternate plans it proposes to use to comply with the law govern- ing the preparation of the municipality's comprehensive planning program: 1 - to use its own planning and zoning department; 2 - to retain a consultant; or 3 - to permit the Area Planning Board to do the planning work. The Planning and Zoning Board of De!ray Beach at a recent meeting recommended by unanimous vote that ~he City elect to perform its own study, but to reserve the right to ask the Area Plan- ning Board to make an evaluation for a study. Mr. Saunders moved to sustain the recommendation of the City Planning and Zoning Board, seconded by Mr. Randolph. Vice-Mayor Weekes asked if the Planning and Zoning Board would have to hire additional staff to undertake the project. The City Manager replied he had not been given this informa- tion to date. Mrs. Krivos asked if the booklet entitled "Municipal Ordinance Review and Model Zoning Concepts" had anything to do with House Bill No. 2797. Counci! and the City Manager stated they did not feel it was related. The motion passed unanimously. 6.b. The City Manager stated it was recommended that Council author- ~ze two transfers from the General Fund Contingency Account as follows: City Attorney - Professional Service $22,500.00 Public Works Administration - Contract Work Not Specified 15,000.00 Total. $37,500.00 This will balance out these two accounts for the fiscal year 1973-1974. After these transfers are made, 'there will be $2,155.00 left in the Contingency Account. Mr. Saunders moved t~ transfer the funds, seconded by Mrs. Krivos, said motion passing unanimously. 6.c. City Manager Mariott stated the following bids have been received to sell the City six 20 foot trash type truck bodies to be installed on six new truck chassis: -3- 9--23-74. , BIDDER BID Callahan Motor Company $20,070.00 Dania, Florida Mims Truck Equipment 23,595.36 Pahokee, Florida Service Equipment Company 20,574.00 West Palm Beach, Florida Independent Truck Equipment Company No Bid West Palm Beach, Florida It is recommended that authorization be given to purchase the six truck bodies from the low bidder, Callahan Motor Company, in the amount of $20,070.00, with the funds to come from the Federal Revenue Sharing Funds as previously allocated by Council by passage of a Reso- lution at a meeting sometime ago. The City Manager stated these were trash type truck bodies that will be used in the new trash collection program when the City begins weekly pick-up of trash. The delivery time is 30 to 45 days. Mrs. Krivos moved to award the bid to the low bidder, Callahan Motor Company, in the amount of $20,070.00, seconded by Mr. Randolph, said motion passing unanimously. 6.d. The City Manager recommended that Council authorize the firm ~f Arthu? V. Strock & Associates, Inc. to make a twelve month follow-up study on the beach restoration project at a cost of $15,510.00. Such a study was made at the end of three months after the completion of the project; another was made at the end of six months after completion of the project. It was planned from the beginning to make a study one year after completion of the project. The results of this information will enable the City to determine a period renourishment program for the beach. The funds would come from the Beach Restoration Fund. Council discussed the matter briefly with Mr. $aunders moving the survey be made by Arthur Strock & Associates, Inc., seconded by Mrs. Krivos, said motion passing unanimously. 7.a. The City Manager reported a request for a gratis license because of age has been received from Mr. Benjamin F. Gates, 921 Spanish Circle, Delray Beach, for real estate salesman. Satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes has been submitted. It is recommended the license be granted. Mrs. Krivos moved the gratis license be issued, seconded 'by Mr. Randolph~ said motion passing unanimously. ' 8.a. The City Manager presented Resolution No. 59-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCHASE OF FIVE TRASH LOADERS FOR THE PUBLIC WORKS DEPARTMENT. (Copy of Resolution No. 59-74 is attached to the Official copy of these minutes.) It is reconunended that ResolutiOn No. 59-74 which will author- ize the purchase of five trash loaders for the amount, of $96,025 be adopted with the funds to come from the Federal Revenue Sharing Funds as previously allocated by resolution. $100,000 was allocated in that resolution for this purchase. No bids were received since this is a s~Dcial resolution provided for by Section 78 of the City's Charter. Bids were .solicited and the City failed to receive any bids, hence a negotiated purchase was arranged from Trail Ford Tractor Company. The five trash loaders wJ. ll be used in the new weekly pick-up of trash. Mrs. Krivos moved for the passage of Resolution No. 59-74, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes Yes. -4- 9--23-74. 405 8.b. The City Manager presented Resolution No. 60-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT FOR CONSTRUCTING AND INSTALLING SHOWER STALLS ON THE MUNICIPAL BEACH, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 60-74 is attached to the official copy of these minutes.) The City Manager recommended that Resolution No. 60-74 be adopted which will authorize installation of 31 shower stalls on the beach for a total cost of $6,045. The funds will come from the Beach Restoration Fund. The contract will be awarded to Campbell Construction Company in said amount. ~. Randolph moved for the passage of Resolu- tion No. 60-74, seconded by Mrs. Krivos. Mr. Saunders suggested the valves on the showers be of the type that must be held open to eliminate as much waste of water as possible. The City Manager stated he would check into the matter. ~pon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. 8.c. The City Manager presented Resolution No. 61-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT FOR FURNISHING, HAULING AND STOCK- PILING FILL AT THE SITE OF FOURTH AVENUE PARK, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 61-74 is attached to the official copy of these minutes.) It is recommended that Council adopt Resolution No. 61-74 authorizing a City contract for furnishing, hauling and stockpiling fill at the site of Fourth Avenue Park, said. contract to be awarded to Mr. 'Sam Pittman of the Trucking and Excavating Company of Boca Raton in the amount Of $33,000. The funds have previously been allo- cated by Council by adoption by resolution from the Federal Revenue Sharing Funds. City Manager Mariott stated further the $33,000 is a portion of the total of $152,000 that has been allocated up to this point for development of the first phase of this recreational complex. Mr. Randolph moved for the passage of Resolution No. 61-74, seconded by Mrs. Krivos... Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. 8.d. The City Manager presented Resolution No. 62-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT FOR RECONSTRUCTION OF ASPHALT SIDE- WALK FROM ATLANTIC AVENUE NORTH TO BEACH DRIVE, EAST SIDE OF OCEAN BOULEVARD (STATE ROAD A-l-A), CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 62-74 is attached to the official copy of these minutes.) The City Manager.recommended Council adopt Resolution No. 62-74 authorizing a City contract for reconstruction of asphalt sidewalk from Atlantic Avenue north to Eeach Drive, east side of Ocean Boulevard (State Road A1A) be a~¢ardeu to Carr Driveways in the amount of $5,720. The funds will come from the Beach Restoration Fund. The City Manager stated the south end of the beach will be completed under a different contract. The City Manager answered a question from the floor concern- ing the installation of drains along the sidewalks stating if the Department of Transportation should have to tear up any portion of the sidewalk already installed, they would be responsible for repair of said portion. Mrs. Krivos moved for the passage of Resolution No. 9-23-74. 4q6 62-74, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. 8.e. The City Manager presented Resolution No. 63-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACII, FLORIDA, VACATING AND ABANDONING ROAD RIGHT-OF-WAY AND EASEMENT OF LINDELL BOULE- VARD FROM THE INTERSECTION OF EGRET CIRCLE NORTH TO THE INTERSECTION OF THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY BOUNDARY LINE OF LOT 1253 OF TROPIC PALMS PLAT NO. 3, DELRAY BEACH, FLORIDA AND PORTIONS OF TROPIC PALMS PLAT NOS. 3 AND 4. (Copy of Resolution No. 63-74 is attached to the official copy of these minutes.) City Manager Mariott stated this is the first of several items having to do with the planned development by the Boca Raton Yacht & Tennis Club, Inc. He asked Council to skip this item and con- sider the remaining items pertaining to this application and then consider this Resolution since it has to do with street abandonment and real~ignment of streets. 8.f.. Vice Mayor Weekes explained the next five items concerning an entire projeCt being applied for by the Boca Raton Yacht & Tefinis Club, Inc. and asked the City Attorney if they could be considered as a whole in a Public Hearing. The Acting City Attorney replied the Charter would be satisfied legally if a Public Hearing were held that covered all items pertaining to the subject. A vote will be taken on each item. A sketch was shown depicting the property in question. The City Manager explained each of the five parcels involved, i.e., annexation, rezoning, street alignments, etc. A Public Hearing was held on Items 8.f. through 8.j. on the agenda dated September 23, 1974, which are as follows: 8.f. - Ordi- nance No. 38-74; 8.g. - Ordinance No. 39-74; 8.h. - Ordinance No. 40-74; 8.i. - Ordinance No. 41-74; and 8.j. - Ordinance No. 42-74 - all being presented for second and final reading. Mr. John K. Brennan, petitioner, spoke in favor of the project. He showed a corrected sketch of the property involved. He stated the present and requested SC Specialized Commercial zoning in the project amounts to approximately 48 acres whereas the Master Plan allows for approximately 53 acres. He pointed out the SC zoning area is presently buffered by ~4-15 Multiple Family dwelling zoning, and stated he felt the entire plan would be beneficial to everyone. Mr. Jay Singer, 736 Heron Drive, Delray Beach, spoke against the project emphasizing the problem with the SC zoning in a residential neighborhood, and the uses allowed in an SC zoning area. Mrs. D. M. Woodlock, 630 Curlew Road, Delray BLach, President of Tropic Palms Homeowners Association, spoke against the project, questioning the uses planned by the applicant in the SC zoning district. She expressed concern for the plans for a motel in a residential area. Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, spoke against the project, also emphasizing the problems inherent in the proposed SC zoning. He stated a precedent would be set and suggested CC Community Commercial zoning would be much more deqirable with a special exception being granted for a motel. Mrs. Joanne Thielen, 526 Linnet Circle, Delrr~y Beach, spoke concerning the proposed business uses on S.W. 12th Street and asked Council to consider the fact that this street could be a very nice entrance into Delray Beach without SC zoning. -6- 9-23-74. · 407 Mr. Brennan stated the only real objection to the project was the difference between SC and CC zoning. Ite assured the audience and Council that the applicants have no intention of using the SC zoned property as a used car lot or for any similar purpose. He stated economically the land is too valuable to be used for residential pur- poses and his plan is to build a motel, stores, banks, professional buildings, etc. There being no further objections, the Public Hearing was closed. Ordinance No. 38-74 was presented. 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. (Copy of Ordinance No. 38-74 is attached to the official copy of these minutes.) Mr. Saunders moved that Ordinance No. 38-74 be adopted on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Y~. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. Ordinance No. 39-74 was presented. AN ORDINANCE OF THE CITY COUNCIL OF THE CItY OF DELRAY BEACH, FLORIDAr 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. '~Copy of Ordinance No. 39-74 is attached to 'the official -copy of these minutes.) · Mr. Saunders moved for the adoption of Ordinance No. 39-74 on second and final reading. There being no second, Vice-Mayor Weekes relinquished the Chair in favor of Mrs. Krivos and the motion was seconded by Vice-Mayor Weekes. Mrs. Krivos expressed opposition to having SC on the Land Use Plan. She stated the request for rezoning on the corner of Linton Boulevard and Congress Avenue had been denied for commercial use and she felt the present rezoning request will simply open the door for more commercial usage in the area. Mr. Randolph agreed with Mrs. Krivos, stating that an area that is presently attractively landscaped should be maintained as such. Mr. Saunders stated the Master Plan provided for SC zoning in the area and should be SC in accordance with such plan. Vice-Mayor Weekes stated the tract of land in question had been zoned for commercial use as long as the zoning map has been in use in Delray Beach and he felt the present zoning should be upheld. Upon roll call, Council voted as follows: ~-s. Krivos - No; Mr. Randolph - No; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. The City Attorney stated a two to two vote is tantamount to failure to pass. Mr. Brennan, as petitioner, requested the remaining items be withdrawn from the agenda. The Acting City Attor~ney stated the policy in the past has been to allow the petitioner to withdraw his petitions. Considerab].e discussion ensued among Council members and the Acting City Attorney concerning the various procedures and -7- 9-23-74. 408 . ramifications involved in allowing the petitioner to withdraw his petition. It was determined if Council allowed the petitioner to withdraw his remaining petitions, Items 8.h., 8.i. and 8.j. on the agenda, there would be no waiting period for reapplication. ~. Randolph moved to allow the petitioner to withdraw Items 8.h., 8.i. and 8.j. which are Ordinance Nos. 40-74, 41-74 and 42-74 respectively, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. Mrs. Krivos questioned the disposal of Item 8.e., Resolution No. 63-74, which had been deferred until the disposal of the rest of the items pertaining to the same subject. The Acting City Attorney stated 'the petitioner should be allowed to withdraw the Resolution dealingl with road abandonment. Mr. Randolph amended his motion to allow tlhe petitioner to withdraw Items 8.e., 8.h., 8.i. and 8.j. from the Agenda, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. ? 8.k. 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. [~opy of Ordinance No. 45-74 is attached to the official copy of these minutes.) City Manager Mariott stated this ordinance annexes property located 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 Single Family Dwelling zoning. The applicant is Mr. Theodore Riegel, 702 Lake Shore Drive, Delray Beach. A Public Hearing has been scheduled to be held. 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. 'Saunders moved for the adoption of Ordinance No. 45-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. 8.1. 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 ~REA. (Copy of Ordinance No. 46-74 is attached to the official copy of these minutes.) City Manager Mariott stated this annexes only the street right-of-way on S.W. 10th Street between Swinton Avenue and Germantown Road, lying in Section 20-46-43. A Public IIearing has been scheduled to be held. -8- 9-23-74. 409 A Public Ilearing 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 ilo objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 46-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. 8.m. 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, TO~fNSHIP 46 SOUTH, RANGE 43 EAST, WttICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. (Copy of OrdinAnce No. 47-74 is attached to the official copy of these minutes.) City Manager Mariott stated this ordinance annexes only the street right-of-way on Barwick Road between the southernmost point of High Point Subdivision extending northerly to the Lake Worth Drainage District Lateral No. 30 Canal. A Public Hearing has been scheduled to be held. 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. 47-74 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - 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. (Copy of Ordinance No. 48-74 is attached to the official copy of these minutes.) The City ~anager stated this is merely an update of the City's Felony and Misdemeanor Ordinance which is done each year to include all legislation passed by the State Legislature. A Public Hearing has been scheduled to be held. A Public Itearing 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. Mrs. Krivos moved for the adoption of Ordinance No. 48-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mro. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Vice-Mayor Weekes - Yes. -9- 9-23-74. 410 8.0. The City Manager presented Ordinance No. 52-74. AN ORDINANCE OF TIlE CITY OF DELRAY BEACII, FLORIDA, REPEALING SECTION 29-7.2 OF CIIAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO THE ELIi4INATION OF TIlE I1EAVY INDUS- TRIAL DISTRICT (It-I); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. City Manager Mariott stated this Ordinance will eliminate the Heavy Industrial Zoning District in the City's zoning ordinance as recommended by the Planning and Zoning Board by unanimous vote. This recDmmendation was informally agreed to by Council. Mr. Saunders moved that Ordinance No. 52-74 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; Vice-Mayor Weekes - Yes. 10.a. The following Bills for Approval were unanimously approved on motion by Mr. Randolph and seconded by Mr. Saunders. Mrs. Krivos stated the payment of $18,235 under Federal Revenue Sharing Funds to the Palm Beach newspaper was a mistake and should read payable to Campbel~ Construction Company. ~ General Fund .. ............... $199,069..23 Water and Sewer Fund ........... 6,775.03 Cigarette Tax Fund ............ 12,725.00 Utility Tax Fund ............. 130,000.00 Disaster Trust Fund ........... 30,000.00 Cemetery Perpetual Care Fund ....... 1,477.00 Beach Restoration Fund .......... . 36,368.00 Federal Revenue Sharing Fund ....... 19,825.07 10.b.1. The City Manager stated some time ago Council authorized the City and County to join in constructing a bicycle path on Lake Ida Road with the City to pay 25% of the cost. At that time, the City's share of the cost would have been $11,891. The job has been completed with the City's share being $13,135. Council needs to approve City partici- pation in that amount by motion. The funds will come from the Federal Revenue Sharing Funds. Mr. Saunders moved the amount of $13,135 be paid, seconded by Mrs. Krivos. A member of the audience questioned the crossing at Spady School. Mr. Saunders replied the crossing will be at 'Sth Avenue and funds have been planned in the budget for a crossing guard. In the interim, the County is furnishing school bus transporta- tion for the children involved. The motion passed unanimously. 10.b.2. City Manager Mariott reported the City had borrowed money from the First Federal Savings and Loan Association in Miami some years ago in the amount of $670,000 for the installation of sewer lines. The agreement was that at such time there were 1,000 dwelling units connected to the sewer, the City would pay off the loan. The 1,000 units have almost been completed and the balance due First Federal is in the amount~ of $479,791.33 which will probably become due within 30 days. The bond ~ attorney and the fiscal agent for the City have determined the City has authority to pay this debt with funds from the $5,000,000 Water and Sewer Revenue Bond Issue. It is recommended that Council authorize that funds be taken from this source for paying the balance due First Federal of Miami with the understanding being that at some future date, the City will need to pass an additional Water and Sewer Revenue Bond I~ue for utility improvements. Discussion ensued among Council with Mr. Saunders making a motion to pay First Federal Savings and Loan Association of Miami as recommended by the City Manager, seconded by Mr. ~nndolph, said motion passing unanimously. 10.b.3. The City Manager reported a contract has been awarded to the James E. Porter Company for the installation of drainage on the beach in the amount of $228,013. This covers drainage in the vicinity of South Vista Del Mar, Thomas Street, the Intracoastal Waterway and said gcneral area. At the time it was thought by the City Engineers and -10- 9-23-74. 411 the Consulting Engineers that drainage on North Vista Del Mar would be handled by another system that was then being worked on. Since that time, it has been determined by the City Engineer that that proposed system is not feasible. The City Engineer recommended that an addition to the contract with James E. Porter in the amount of $20,000 (approxi- mately) for installation of 300 additional feet of storm drainage line, 18" in size, be approved which will connect the north Vista Del Mar area south to pipes that are contained in the Porter contract. The additional $20,000 can be taken from the Drainage Bond Issue Account. Mrs. Krivos moved the additional $20,000 be added to the James E. Porter Company contract and be taken from the Drainage Fund, seconded by Mr. Randolph, said motion passing unanimously. 10.b.4. City Manager Mariott stated the Gold Coast Christian Academy on South Congress Avenue has proceeded with additional construction work and additional occupancies have occurred on the premises that are outside of the purview of the lawsuit that has been litigated in court and for which the City is awaiting the Judge's decision. Mr. Bruce Daniels, the attorney who represented the City in this case, has stated a decision on that suit is expected from the Judge in early October. It is recommended that Cohncil authorize Mr. Bruce Daniels to proceed with the litigation of the new violations that are now in existence. The Chief Building Official has been served with a subpoena to appear in court wherein the State reportedly is taking the Gold Coast Christian Academy to court on state violations. Mr. Randolph moved to authorize Mr. Bruce Daniels to proceed with the additional litigation on the new violations, seconded by Mrs. Krivos, said motion passing unanimously. 10.b.5. The City Manager stated the Public Library has asked that the City waive any building permit and inspection fee involved with the addition and renovation to the existing building. It is recommend- ed that Council grant their request, based upon the fact that it is city owned property. Mr. Saunders moved the permit and' inspection fees for the library renovation and additions be waived, seconded by Mr. Randolph, said motion passing unanimously. 10.b.6. Vice-Mayor Weekes informed the audience that an outside evaluation of the Police Department would be in the best interest of the department and the public, and he therefore requested authorization from the Council to permit the City Manager to take proposals from out- side consulting firms for this purpose. When the proposals are re- ceived (preferably within 30 days), Council should meet to discuss and select a consulting firm to perform the evaluation. Vice-Mayor Weekes stated the International Association of Chiefs of Police would be one of the firms to be contacted; the City has already received, unsolicited, a proposal from another firm. The City Manager had suggested that since the town of Palm Beach has recently undertaken a similar action, perhaps a list of firms from which they solicited bids could be obtained. Mrs. Krivos moved to authorize the City Manager to solicit proposals from professional consulting firms to conduct an evaluation of the Police Department, seconded by ~. Randolph, said motion passing unanimously. 10.b.7. The City Manage~ stated he had a communication from the Chamber of Commerce reco~uending three names for consideration for appointment to the Downtown Development Authority replacing Mr. Jack Kabler and Mr. LeRoy Merritt who do not choose to be reappointed. The nominees are Messrs. John Ross Adams, Ted Jakomas and Lem Taylor. The City Manager stated these three men have agreed to serve, if appqinted. Mr. Saunders suggested this item be placed on the agenda for the next regular Council meeting to allow a fu~l Council to be present. 10.b.8. Mrs. Kriv6s asked if the replacement of Mr. Roy Simon on the Planning and Zoning Board would be placed on the next regular Council meeti,~g agenda. Vice-Mayor Weekes stated he thought it would be considered at the next workshop and on the agenda for the next regular Council meeting. -11- 9-23-74. 412 10.b.9. Mrs. Krivos asked if Council had given approval to the Disab]'e'd Veterans, Chapter 119, of Ft. Laudcrdale to solicit in Delray Beach. She stated they were soliciting in front of Kwik-Chek which is in the City. Mr. Saunders stated he did not recall it being brought before Council nor was it brought before the Solicitation Committee. Mrs. Krivos questioned the action to be taken when organizations solicited without permission. 10.b.10. Mrs. Krivos questioned the import of the new law on annexa- tion. Vice-Mayor Weekes stated he doubted anyone fully understood this new law. lie stated he had talked with Mr. Ray Sittig, the Executive Director of the Florida League of Cities; the attorney for the Dade County League of Cities; and the City Attorney. Vice-Mayor Weekes said the bill had been evaluated by Representative William James' staff in Tallahassee; the evaluation stated in essence that the bill as passed and amended in the last days of the legislative session is totallyland completely ambiguous. Vice-Mayor Weekes stated it is an untenable act and is completely unworkable; a workshop meeting will be held at the Florida League of Cities meeting in Tampa at which time it is hoped some understanding can be reached on it. ? 10.b.ll. Mr. Saunders questioned the progress on the City pool. The City Manager replied the major problem at present is to obtain water acceptable to the County Health Department. Only two choices are open: 1 - to obtain acceptable water; or 2 - abandon the pool. The test wells supply sufficient quantity of water, but the quality is not acceptable to the County Health Department. The Engineering Department and the Parks and Recreation Department are both attempting to solve the'prob- lem. Mr. Saunders requested more attention be given to the problem. Mr. Tom'Ingersoll spoke stating the methods being considered by the City Engineering Department were absolutely not acceptable to the County Health Department and he requested some decision be made. He stated a filtration system was necessary. Mr. Saunders requested the City Manager to make a recommendation on what should be done by the next Council'meeting. 10.b.12. Vice-Mayor Weekes stated the Vocational Rehabilitation Center of the State of Florida, Bureau of Blind Services, has requested an extension of the gratis license to occupy and operate the snack bar located on the premises of the South County Complex on Congress Avenue. The extension would begin with the fiscal year October 1, 1974 and this is reportedly the last request for such an extension. Mr. Randolph moved to authorize an extension for use of the trailer at the South County Complex for one year ending September 30, 1975, seconded by Mrs. Krivos, said motion passing unanimously. The meeting was adjourned at 10:05 P.M. ~/~ City Clerk APPROVED: MAYOR -12- 9-23-74.