Loading...
10-14-74 OCTOBER 14, 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, October 14, 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. The opening prayer was delivered by Rev. Mary Kupferle of Unity of Delray Church. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of September 23, 1974, ~nd special meeting of October 7, 1974, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Saunders. 4.a. Mayor Scheifley recognized three of the candidates for Council and introduced Messrs. Jack Collins, Ron Sanson and Bill Saunders. 4.b. Mayor Scheifley introduced Police Chief Murray Cochran and asked every segment of the community to cooperate with Chief Cochran. 4.c. Mayor Scheifley commended Vice-Mayor Weekes for the fine manner in which he conducted the last regular Council meeting. 5.a. Mayor Scheifley read a Proclamation proclaiming October 24, 1974, as United Nations Day. 5.b. Mayor Scheifley read a Proclamation proclaiming the month of October, 1974 as Kidney Foundation Month sponsored by the Florida Kidney Foundation. 6.a. City Manager Mariott stated the term of Roy Simon as a member of the Planning and Zoning Board expired on September 28, 1974. The City Council at its workshop meeting informally decided to appoint Mrs. Phyllis Plume to fill this vacancy for a five year period ending September 28, 1979. Mr. Saunders moved to appoint Mrs. Plume to the Planning and Zoning Board for a five year term, seconded by Mr. Ran- dolph, said motion passing unanimously. Mayor Scheifley introduced Mrs. Plume and congratulated her upon the appointment. 6.b. The City Manager reported the terms of Mr. John Kabler and Mr. LeRoy Merritt as members of the Downtown Development Authority expired on July 1, 1974. Council informally decided at its workshop meeting to appoint Mr. Tedd Jakomas and Mr. John Ross Adams to serve three year terms ending July 1, 1977. Mrs. Krivos moved that Mr. Tedd Jakomas and Mr. John Ross Adams be appointed to the Downtown Develop- ment Authority for a term of three years ending July 1, 1977, seconded by Mr. Weekes, said motion passing unanimously. Mr. Saunders suggested that Council pass a resolution thank- ing Mr. Roy Simon for his work on the Planning and Zoning Board and also resolutions for Mr. John Kabler and Mr. LeRoy Merritt for having served on the Downtown Development Authority. Mayor Scheifley re- quested the City Attorney prepare such resolutions for the next regular Council meeting. 6.c. City Manager Mar~ott reported the Delray Beach Kiwanis Club meets at noon one day each week at the Delray Beach Club. The Delray Beach Club has requested the City to permit installation of a small regulation Kiwanis sign on an existing sign standard on the Delray Beach Club property. It is recommended that Council approve the request. Mr. Randolph moved that permission be granted for installation of said sign at the Delray Beach Club, seconded by Mr. Saunders, said motion passing unanimously. 6.d. The City Manager stated the following bids have been received to sell the city a new road roller with a 1955 mobile crane and a 1955 road roller to be given in trade: Bidder Cost Less Trade Net H. F. Mason Eqpt. Co. $14,687.00 $1,000.00 $13,687.00 Miami, Florida P. H. N. Eqpt. Co. 14,942.00 0 14,942.00 Miami, Florida The sum of $13,900.00 is provided in Federal Revenue Sharing Funds for this purpose. It is recommended that Council authorize by motion the award of the purchase to the low bidder, H. F. Mason Equip- ment Co., in the amount of $13,687.00. Mr. Saunders so moved, seconded by Mrs. Krivos, said motion passing unanimously. 6.e. The City Manager reported nine bids have been received for construction of a building to be used by the Utilities Department on the Delray Shores Utility site: Bidder Bid. Bartlett & Bair, Inc. $25,676.00 Coral Springs, Florida DeRosa & Rita Construction 26,413.25 Boca Raton, Florida Bet Construction 27,883.00 Boynton Beach, Florida James W. Hicks & Assoc., Inc. 29,546.50 North Palm Beach, Florida Booth Construction 31,006.00 West Palm Beach, Florida Scanoh Development, Inc. 31,399.00 Palm Beach Gardens, Florida The Leek Corporation 31,770.00 Delray Beach, Florida Burgett Construction 31,503.00 West Palm Beach, Florida Campbell Construction Co. 35,895.00 Delray Beach, Florida Sufficient funds are provided in the 1974-75 budget with a carry-over in the 1973-74 budget to cover the cost of construction. It is recommended the contract be awarded to the low bidder, Bartlett & Bair, Inc., in the amount of $25,676.00. The City Manager stated the building will house equipment and materials and will be used by both the Water and Sewer Divisions of the Utilities Department. Mrs. Krivos moved the contract be awarded to the low bidder, Bartlett & Bair, Inc., in the amount of $25,676.00, seconded by Mr. Weekes, said motion passing unanimously. 6.f. City Manager Mariott recommended Council direct the City Clerk to comply with Chaptcr 15 of the City's Code of Ordinances con- cerning parcels of land in violation of the City's nuisance laws. Mrs. Krivos moved that Chapter 15 of the City's Code of Ordinances be complied with by the City Clerk, seconded by Mr. Saunders, said motion passing unanimously. -2- 10-14-74. 7.a. City Manager Mariott reported Mr. Clinton J. Mills of 800 N. Andrews Avenue, Delray Beach, is requesting a gratis license because of age qualification for performance as a real estate salesman. Satis- factory evidence having been provided the City per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes, Council approval is recommended. Mr. Weekes so moved, seconded by Mr. Randolph, said motion passing unanimously. 7.b. The City Manager reported Mr. Harry F. Howell of 800 N. Andrews Avenue, Delray Beach, is requesting a gratis license because of age qualification for performance as a real estate salesman. Satisfactory evidence having been provided the City per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes, Council approval is recommended. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously, ~ .. 7.c. City Manager Mariott reported Dr. R. A. Hillert, 3401 S. Federal Highway, Delray Beach, is requesting a gratis license because of 30% disability under the Veteran's Act. Satisfactory evidence has been provided the City per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes which will allow a reduction in the cost of Dr. Hillert's license to practice as a veterinarian due to the 30% disability. It is recommended a reduction be granted in the amount permitted by the 30% disability. Mr. Randolph so moved, seconded by Mrs. Krivos, said motion passing unanimously. 7.d. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for their meeting held on September 4, 1974. 8.a. The City Manager presented Resolution No. 64-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING AND URGING THE PALM BEACH COUNTY COMMISSION TO I~EDIATELY ORDER RECONSIDERATION OF RECENT SIGNALIZATION STUDIES BY THE COUNTY ENGINEERING DEPARTMENT CONCERNING TRAFFIC LIGHTS AT THE INTERSECTIONS OF WEST 8TH AND 10TH AVENUES AND ATLANTIC AVENUE IN THIS CITY. (Copy of Resolution No. 64-74 is attached to the official copy of these minutes.) The preparation of this resolution was directed by Council at its last regular meeting for consideration. The resolution requests the County Commission to consider placing traffic signals at 8th and 10th Avenues on West Atlantic Avenue. Mr. Randolph moved the passage of Resolution No. 64-74, 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.b. The City Manager presented Resolution No. 65-74. RESOLUTION OBJECTING TO REDUCTION OF FEDERAL FUNDS FOR SEWERAGE CONSTRUCTION GRANTS, AND REQUESTING REVIEW AND CHANGES IN P. L. 92-500 AND FEDERAL REGULATIONS TO ENABLE THE MOST EFFECTIVE, EFFICIENT, AND PRODUCTIVE USE OF FEDERAL SEWERAGE CONSTRUCTION GRANT FUNDS. (Copy of Resolution No. 65-74 is attached to the official copy of these minutes.) City Manager Marlott stated Council informally agreed at its October 7th workshop meeting to consider adopting a resolution urging that there not be any reduction in Federal Construction Grant Funds for Sanitary Sewerage ~acilities under Public Law 92-500. He further reported Delray Beach is on the list of cities in Florida scheduled for a grant from the Federal Funds and if any curtailment -3- 10-14-74. of funds occurs, it will almost certainly remove Delray Beach from elegibility. The planned sewage treatment plant would be affected by such reduction. Mr. Weekes moved for the passage of Resolution No. 65-74, seconded by Mrs. Krivos. Mr. Saunders stated if the funds are not forthcoming, it would behoove Delray Beach to attempt to build the sewage treatment plant without help from the Federal Government. 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. 66-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO THE ~ERICAN REVOLUTION BI-CENTENNIAL CELEBRATION. (Copy of Resolution No. 66-74 is attached to the official copy of these minutes.) City Manager Mariott stated this resolution provides for the appointment by the Greater Delrav Beach Chamber of Commerce of persons to serve on a Delray Beach Bi-Centennial Celebration Committee. Mrs. Krivos moved for the passage of Resolution No. 66-74, 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. 67-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF CO~MUNITY AFFAIRS TO INCLUDE THE CITY OF DELRAY BEACH IN ITS APPLICATION TO THE TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR LOCAL PLANNING ASSISTANCE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 1975. (Copy of Resolution No. 67-74 is attached to the official copy of these minutes.) City Manager Mariott reported this is merely a refiling of the City's application that was filed last year with the Department of Community Affairs of the State of Florida for Grant Funds under this particular community improvement program. November 1, 1974 is the deadline for filing for 1975 funds. This was discussed at Council workshop and it is recommended Resolution No. 67-74 be passed. Mr. Randolph moved for the passage of Resolution No. 67-74, 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 Ordinance No. 49-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDING SECTION 9-1.1 OF CHAPTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1974 REVISION TO THE 1973 EDITION OF THE SOUTHERN STANDARD GAS CODE AS COMPILED BY THE SOUTHERN BUILDING CODE CONGRESS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 49-74 is attached to the official copy of these minutes.) City Manager Mariott stated the purpose of the Ordinance is to update the Southern Standard Gas Code to the current 1974 Edition. A Public Hearing has been scheduled to be held. --4-- 10-14-74. 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. Mrs. Krivos moved for the adoption of Ordinance No. 49-74 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; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 50-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 4-2 PROVIDING FOR HOURS OF SALE OF ALCOHOLIC BEVERAGES; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 50-74 is attached to the official copy of these minutes.) City Manager Mariott stated this ordinance would prohibit the sale of alcoholic beverages after 2:00 A.M. The ordinance was passed on first reading on September 9, 1974. 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. The caption of the Ordinance was read by the City Manager. Attorney Frederick Hollingsworth of West Palm Beach, repre- senting the Spanish River Inn, Arcade Tap Room, Erny's, Power's Lounge', The Gipper, the Paddock Restaurant and Lounge, Delray Bowling Lanes, Sail Inn and the Soul Charger, spoke against the proposed ordinance. His presentation included the statements that he did not feel closing the bars earlier would in any way discourage or prevent crime in this community; the persons who visited bars were not the killers of police officers; the users of hard drugs and previously convicted criminals were the potential law breakers; and that law enforcement was the basic problem, not the closing hours of bars. He cited unemployment, tax roll reduction and cost to local businessmen as some of the results of passage of this ordinance. Mr. James Owens, 75 N.E. 6th Avenue, recognized as a real estate appraisal expert by the courts, spoke concerning the decrease in revenue to retail businesses and the decrease in taxes to the City of Delray Beach. The following persons spoke in favor of the ordinance: Mrs. Dorothea Montgomery, 80 Venetian Drive, Delray Beach; Mr. Tom Ingersoll, 1226 E. Atlantic Avenue, Delray Beach; Rev. Andrew Hall, Pastor of the First Baptist Church of Delray Beach; Dr. William Roughton, Pastor of the Cason United Methodist Church of Delray Beach; Dr. Warren Nubern, Pastor of the Lakeview Baptist Church of Delray Beach, speaking for the Delray Beach Clergy Association; Mr. Gerard Yonkman, 320 S. Ocean Boulevard, Delray Beach; Mr. James Wilson, 320 S Ocean Boulevard~ Delray Beach; and Mr John Pitts, 237 Seacrest Lane, Delray Beach. The presentations in favor of the ordinance dealt pri- marily with the fact that a decrease in the availability of alcohol would, in turn, cause a decrease in crime, fewer automobile accidents, a more tranquil home life fo~ residents, and a better community in which to live. -5- 10-14-74. Mr. Chuck Pidgeon, an entertainer, spoke against the ordi- nance stating the persons who worked late had no place to go in the early hours of the morning. Mr. Gary George, 218 S.E. 1st Avenue, Delray Beach, stated he worked late and often visited a bar between 2:00 A.M. and 4:00 A.M. Attorney Hollingsworth and Mr. James Owens spoke briefly in rebuttal. Attorney William Sprott, 218 Phipps Plaza, Palm Beach, representing one of the lounge owners, stated Council should consider business and safety aspects of the ordinance and its purpose, not moral aspects. The Public Hearing was closed. The City Clerk read into the record two letters at the request of the writers as follows: "October 10, 1974 Honorable James H. Scheifley, Mayor Delray Beach City Council City Hall, Delray Beach, Fla. Dear Sir: The congregation of the Lakeview Baptist Church in annual conference Wednesday evening, October 9, 1974, unanimously and enthusiastically endorse the change proposed in the city ordinance regulating the bar hours in the city, and heartily endorse the changing of these hours in the ordinance from 4:00 A.M. to 2:00 A.M. This congregation joins with other congregations in the community to encourage you to change the ordi- nance so that bars will be closed at 2:00 A.M. We believe that no real purpose, nor any social or spiritual benefit, is derived for the community as a whole by allowing bars to remain open until 4:00 A.M. The 322 members of this congregation goes on record endorsing the closing at 2:00 A.M. and respectfully request that this letter be read publicly at Council meeting. Sincerely, sd/ Dr. Warren J. Nubern, Moderator Mrs. Anna Graves, Clerk" "October 10, 1974 Mayor James Scheifley 100 N.W. 1st Avenue Delray Beach, Florida Dear Sir: The Delray Beach Clergy Association, in a regular meeting on September 18, 1974, unanimously recommended that the City Council look with favor on changing the city ordinance regulating bar hours in the City of Delray Beach. We heartily recommend and unanimously endorse the closing of all bars in Delray Beach at 2:00 A.M. We are aware that the ordinance of adjoining cities do not coin- cide with ours; and we do not feel that Delray Beach should attempt to set their bar hours in order to agree with surrounding communities. 10-14-74. We know that you will do that which is best for the social and spiritual betterment of most of the constituents of this city. Thank you for your consideration. Yours truly, s/d Dr. G. W. Phillips, President Delray Beach Clergy Association s/d Rev. Mary L. Kupferle, Secretary" Each of the Council members expressed their desire to pass such an ordinance in order to lower the crime rate, decrease the consumption of alcohol, promote the health, welfare and safety of the citizens of Delray Beach and Mayor Scheifley stated although a refer- endum had been mentioned, it was felt by Council that it would be a waste of taxpayers money since the result would range between 5 and 10 votes to 1 in favor of the earlier closing. Mrs. Krivos moved for adoption of Ordinance No. 50-74 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; Mr. Weekes - Yes; Mayor Scheifley - Yes. The City Manager presented Ordinance No. 51-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCO- HOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4-6 PROVIDING FOR AREAS WHERE ALCOHOLIC BEVERAGES MAY NOT BE CONSUMED; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 51-74 is attached to the official copy of these minutes.) The City Manager stated the City has previously provided by Ordinance that alcoholic beverages may not be consumed in a place in a commercially zoned area which was visible from a public street. Ordinance No. 51-74 will provide a change in the present ordinance reading as follows: "No alcoholic beverages shall be consumed . . . or on business property outside the building unless seated at permanent tables provided by the business". This will make illegal any drinking of alcoholic beverages outside a place of business unless persons are properly seated at tables. A Public H~aring has been scheduled to be held. The City Manager read the caption of the Ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delr~y Beach. Attorney William Sprott asked what was meant by the word "immediately" as it appears in the last two ordinances discussed by Council. The City Attorney stated the ordinances would take effect immediately following passage on second and final reading. This would require the hour of 2:00 A.M. for bar closing to be effective as of now. The City Manager requested the City Clerk's office immediately upon aSjournment of the Council meeting to notify all bar owners by tele- phone of the passage of the ordinance closing the bars at 2:00 A.M. There being no objections to Ordinance No. 51-74, the Public Hearing was closed. -7- 10-14-74. Mrs. Krivos moved for the adoption of Ordinance No. 51-74 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; Mr. Weekes - Yes; Mayor Scheifley - Yes. 10.a.1. Mayor Scheifley reported the item "Recognition of Public Requests from the Floor" has been moved to the end of the agenda to enable the Council to deal with the scheduled items prior to hearing from the floor. 10.a.2. Mr. Ernest Schier, 1017 Bay Street, Delray Beach, spoke concerning the problems encountered during heavy rain when the storm drains will not handle the influx of water. His complaint was directed toward the areas in Venetian and Gleason Streets on the beach. He complained of the sand blowing across A1A on the south end of the beach. He questioned when the plantings would be completed on this section of the beach. Mayor Scheifley stated as soon as the storm drainage was completed, the plantings would be placed on the beach from Atlantic Avenue south to Casuarina Road. The City Manager stated the completion target date for plantings on the south end of the beach was December. 10.a.3. Mr. John Pitts, 237 Seacrest Lane, Delray Beach, complimented the Council on the installation of the snow fence as a temporary measure. He stated it has been very effective, and suggested if the contract for planting is held up any further, the snow fence be raised on the south end of the beach. 10.a.4. Mrs. Dorothea Montgomery, 80 Venetian Drive, Delray Beach, spoke concerning the need to evacuate the beach side of the Intracoastal during hurricanes. She also informed Council of the fact that the law requiring automobiles to pull over for an ambulance and/or police car is being disregarded by motorists in the City. She suggested enforcing this law by having the police make arrests if necessary. 10.a.5. Mr. Irwin Kresser, 234 N.E. 17th Street, Delray Beach, questioned placing check valves on storm drains to prevent the drainage problems. The City Manager stated check valves are in use at present in some locations; however, he stated check valves do not always re- solve pressure problems referred to by Mr. achier. 10.b. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. Saunders. General Fund ............ $765,004.47 Water and Sewer Fund ........ 609,021.18 Special Assessment Fund ...... 1,202.00 Refundable.Deposits Fund ...... 892.00 Citizens Contribution Fund .... 28.00 Federal Revenue Sharing Fund .... 32,700.80 10.c.1. The City Manager stated shortly after the storm was over last week, the City Engineering Department and representatives of the consulting engineers on the beach and the City Manager met for two reasons: 1 - to make an assessment of the short range outlook on the beach; and 2 - to make an assessment of the long range outlook and what should be done. The City Engineering Department made an assess- ment of the sand loss during the storm which was approximately 4% of the sand that had been pumped in; some of the loss was wet sand which will be recovered. Within several days, sand began to build up. The long range plans covered four items which should proceed simultaneously: 1 -'a 12 month study by Arthur Strock & Associates'; 2 - the consulting engineers should immediately begin the investigatio~ of possible alter- native sources for sand and to evaluate such sources against the location of the original sand; 3 - to proceed with the evaluation of the advisability of structures to be erected; and 4 - jetting approval / for the renourishment projects through all of the original agencie involved in the initial beach prOject. The Cit~ Manager reported' Deerfield Beach and South Palm Beach County are involved in ren°uri~h~'~-! ment projects and it would be much less costly to Delray B~ach to in with one of the projects mentioned by taking advantage of the ' 10-14-74 < equipment already being in the area. Delray Beach expects to receive at least three-fourths of the cost of maintenance from the Federal and State governments. 10.c.2. City Manager Mariott stated the Planning and Zoning Board at a meeting held on September 24, 1974, took the following action: 1 - the Planning and Zoning Board recommended unanimously that the future land use plan for four properties on North Federal Highway be changed; 2 - two zoning changes were requested - one is Royal Castle with a request that the zoning be changed from RM-15 to SC and the other is the small Trushin Shopping centering property with a request that the zoning be changed from RM-15 to SC. The Planning and Zoning Board recommended both of these zonings be changed to C-1. It is recommended that Council by motion authorize the City Attorney to prepare the appropriate instruments to institute these changes. The applicants are agreeable to C-1 zoning rather than SC zoning. Mr. Weekes moved the City Attorney draft the necessary instruments to make the changes as approved by the Planning and Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. 10.c.3. City Manager Mariott stated the uncompleted Quickie Car Wash building at 50 West Atlantic Avenue has prospective buyers who wish to extend the building permit. Since the permit has been outstanding since 1969, Council should vote to extend the permit to allow comple- tion of the building. The City will receive payment from the applicant of an identical permit fee (original fee - $55.25) in the amount of $55.25. Mr. Randolph moved to extend the permit for six months with the applicant paying $55.25 for the permit fee, seconded by Mr. Weekes, said motion passing unanimously. 10.c.4. The City Manager presented Ordinance No. 53-74. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AMENDING SECTION 13-11 PERTAINING TO PENALTIES FOR VIOLATION OF CHAPTER 13 "ELECTRICITY" OF THE CODE OF ORDINANCES PER- TAINING TO PROVIDING PENALTIES FOR VIOLATION OF THE CODE. (Copy of Ordinance No. 53-74 is attached to the official copy of these minutes.) City Manager Mariott stated this ordinance was recommended for passage by the City's Building Department. In consulting with the City Attorney, the urgency of the subject was determined to warrant it being declared an emergency ordinance and to be passed on two readings at this meeting. The ordinance will become effective immediately. It would make illegal a practice that is now being followed by some electrical contractors in disconnecting a ground connection to enable construction to continue without overloading ~wiresf etc~ H~wever, the ground connection is a safety feature and could ~be verY hazardous if disregarded. This ruling is required by Federal, State ahd most City regulations and it is recommended that Council pass this emergency ordinance at this meeting. Mr. Randolph moved for the passage of Ordinance No. 53-74 on first and final reading as an emergency ordinance, 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. 10.c.5. The City Manager presented a status report on the east side pool. Mr. William Howard, an environmental chemist, reported that the brown precipitate which is formed in the salt water pool by the addition of chlorine is caused by excessive iron. Jack Kouns, Inc., well driller, has pushed the present well to a depth of 70 feet, but is unable to obtain a satisfactory seal so that it may be resampled. Mr. Kouns intends to start a new drill hole just south of the present one. Recent information indicates that clear salt water without excessive iron content may be obtained at a depth of 100 to 120 feet. The present plan is to wait for analysis on the new well before proceeding with · --9-- 10-14-74. recommendation for a filtering system. If such a filtering system is necessary, it is estimated it can be provided, utilizing existing facilities, for an additional $20,000. The cost to rebuild the pool, putting it in like-new condition, is approximately $80,000. Mr. Joe Rocchio of Delray Pools has offered to make a complete investigation and recommendation for revamping of the pool which would be guaranteed to meet the requirements of the State Board of Health for a fee of $500. If the analysis of the water at a depth of over 100 feet still indicates excessive iron, it is recommended that the proposition from Mr. Rocchio be accepted. A status report will be presented at the next meeting. 10.c.6. Mr. Tom Ingersoll, Arvilla Hotel, Delray Beach, questioned the status of the Aquacrest Pool. The City Manager stated money from the Federal Revenue Sharing Funds for the City's participation in the Aquacrest Pool Construction is allocated. At present, it is not known whether Boynton Beach and the County are planning to contribute money to the project. If such additional funds are not forthcoming, Delray Beach will not utilize the allocated funds for this project. 10.c.7. Mrs. Krivos stated she had received a letter one month late and requested that the mail arriving for Council members at City Hall be stamped on arrival. 10.c.8. Mayor Scheifley reiterated his request and hope that every civic group and citizen in Delray Beach would offer Police Chief Cochran their full cooperation. The meeting was adjourned at 10:00 P.M. City Clerk APPROVED: MAYOR 10-14-74.