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10-28-74 OCTOBER 28, 1974 A regular meeting of thc City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, October 28, 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 Lord's Prayer was recited in unison. 2. The Pledge of Allegiance to the Flag of the United States o~ America was given. 3. The minutes of the regular meeting of October 14, 1974 were Unanimously approved on motion by Mrs. Krivos and seconded by Mr. Randolph. 4.a. Mayor Scheifley introduced several of the candidates for ~-l-~y Council. Those present were Messrs. Jack.Collins, Bill Saunders, Andrew Gent and Ron Sanson. 5.a. Mayor Scheifley read a Proclamation calling for a Primary Election to be held on November 19, 1974 between the hours of 7:00 A.M. and 7:00 P.M. 6.a. The City Manager stated the next regular Council meetin~ would fall on November 11, 1974, which is to be observed by the City as a legal holiday (Veterans Day). It is recommended that Council authorize by motion the holding of the next regular meeting on November 12, 1974 at 7:30 P.M.. Mr. Saunders so moved, seconded by Mr. Weekes. Discussion ~nsued with the motion passing unanimously. 6.b. The City Manager reported Council had informally agreed at its October 21st workshop meeting to reappoint Charles W. Trieste and Clifton R. Van Treese as regular members of the Contractors Board of Examiners and Theodore F. Roth and Milton E. Strong as alternate mem- bers for three year terms ending October 9, 1977. It was ascertained the four nominees are willing to serve on the Board. Mrs. Krivos moved for the reappointment of Charles W. Trieste and Clifton R. Van Treese as regular members of the Contractors Board of Examiners and Theodore F. Roth and Milton E. Strong as alternate members for three year terms, seconded by Mr. Saunders, said motion passing unanimously. 6.c. City Manager Mariott reported Council had informally agreed at its October 21st workshop meeting to reappoint John H. Nixon to a three year term on the Housing Board of Adjustment and Appeals ending October 12, 1977. Mr. Randolph moved for the reappointment of John H. Nixon for a three year term on the Housing Board of Adjustment and Appeals, seconded by Mr. Saunders, said motion passing unanimousl]~. 6.d. City Manager Mariott reported in order to comply with requirements set'forth in Chapter 12 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the Primary Election which will be held on Tuesday, November 19, 1974 and the General Election which will be held on Tuesday, December 3, 1974. It is suggested that the list of possible appointees shown below, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council: Anne Tyson Billy Jo Swilley Beatrice R. West William S. Stuiber Annie Rose Sloan Ernest Schier Elsie Wharton Charlotte Kiel Howard G. Wharton Hallie E. Worthing Virginia Davlin Eleanor Rudolph Rose H. Bang Marie L. Taylor Alfred Risker Annette A. Parisi Gladys Risker Winifred IIiggans Pearl Wright Virginia Harward Chester Wright Lillian Quellette L. L. Youngblood Samuel Zollinger Lemon Ivy Mary Robinson Martha DeClercq Mary Klein Mary Walker Gloria Galloway Loretta Costello Lens Brunner Sara DeNeen Beatrice Dearstyne Wilma E. Lewis Renee Breslof Lina Schroedel Thomas E. Cherry Alpha Browning Anne S. Mellon Lenora Thomas Floetta Schier Mrs. Krivos moved to approve the list, as submitted, as Clerks and Inspectors for the Primary and General Elections, seconded by Mr. Randolph, said motion passing unanimously. 6.e. The City Manager stated Council informally agreed at its workshop meeting on October 21st to approve installation of a lighted fluorescent sign ten feet in length identifying the Gold Coast Church of Christ located at 620 Bluebird Drive. No objection was voiced by the Tropic Palms representative at the workshop meeting. Mr. Saunders moved that permission for the installation of the sign be granted, seconded by Mr. Weekes, said motion passing unanimously. 7.a. The City Manager stated a request for rezoning 4.52 acres on the south side of S.W. 10th Street between 1-95 and Germantown Road has been received from Mr. Dallas E. Daily from ~v[-15 Multiple Family Dwelling to LI Light Industrial District. It is recommended this matter be referred to the Planning and Zoning Board for study and recommendation. Mrs. Krivos so moved, seconded by ~. Randolph, said motion passing unanimously. 7.b. The City Manager reported a request has been received from the Daughters of Zion, Seventh Day Adventist Church, for permission to solicit funds from November 16th through November 30th, approval of which is recommended by the Solicitations Committee. Mr. Saunders moved that approval to solicit be granted, seconded by Mr. Randolph, said motion passing unanimously. 8.ao The City Manager Presented Resolution No. 72-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING ~.~D COMMENDING JOHN KABLER FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE DELRAY BEAC~ DO~TOWN DEVELOPMENT AUTHORITY. (Copy of Resolution No. 72-74 is attached to the official copy of these minutes.) City Manager Mariott reported this resolution commends Mr. John Kabler for his past service to the Downtown Development Authority. Mr. Saunders moved for the adoption of Resolution No. 72-74, 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. 8.b. The City Manager presented Resolution No. 68-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING LEROY W. MERRITT FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY. (Copy of Resolution No. 68-74 is attached to the official copy of these minutes.) -2- 10-28-74. City Manager Mariott reported this resolution commends Mr. LeRoy Merritt for his service to the Downtown Development Authority. Mrs. Krivos moved for the adoption of Resolution No. 68-74, 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.c. The City Manager presented Resolution No. 69-74. A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND CO~ENDING ROY M. SIMON FOR }lis OUTSTANDING SERVICE AS A MEMBER OF THE PLANNING ~D ZONING BOARD. (Copy of Resolution No. 69-74 is attached to the official copy of these minutes.) City Manager Mariott reported this resolution commends Mr. Roy M. Simon for his past service as a member of the Planning and Zoning Board since 1969. Mr. Saunders moved for the passage of Resolution No. 69-74, sedonded 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. 70-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE PURCI~SE OF ONE 1975 TRUCK CHASSIS FOR THE PUBLIC UTILITIES DEPARTMENT; AUTHORIZING CANCELLA- TION OF A PREVIOUSLY AWARDED CITY CONTRACT FOR ONE 1974 TRUCK CHASSIS. [Copy of Resolution No. 70-74 is attached to the official copy of these minutes.) City Manager Mariott explained Council had previously author- ized the purchase of a truck chassis suitable for the installation of a 1100 gallon water tank for the Public Utilities Department. The company to whom the bid was awarded was unable to make delivery on the truck, and it is recommended Resolution No. 70-74 be adopted providing for the alternate purchase of a truck to serve the same purpose from the Earl Wallace Ford Company in the amount of $6,408.22. It was deter- mined the money would come from the 1973-74 budget, said amount having been encumbered at the time of the first award of bid. Mr. Saunders moved for the passage of Resolution No. 70-74, 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. 8.e. The City Manager presented Resolution No. 71-74. A RESOLUTION PROVIDING FOR A BOND ELECTION TO BE HELD ON DECEMBER 3, 1974 TO DETERMINE WHETHER THE CITY OF DELRAY BEACH SHALL ISSUE $2,185,000 BONDS FOR THE CONSTRUCTION OF MUNICIPAL BUILDINGS; AND SHALL ISSUE $780,000 BONDS FOR THE ACQUISITION OF LAND FOR RECREATIONAL AND OTHER MUNICIPAL PURPOSES; AND SHALL ISSUE $492,000 BONDS FOR THE CONSTRUCTION OF A BUILDING WITH AUDITORIUM FOR RECREATIONAL PURPOSES; AND SHALL ISSUE $600,000 BONDS FOR THE CONSTRUCTION OF STREETS AND SIDE- WALKS; AND SHAL~ ISSUE $172,000 BONDS FOR THE ACQUISITION OF DOWNTO~,~q PROPERTY FOR OFF-STREET PARKING PURPOSES. (Copy of Resolution No. 71-74 is attached to the official copy of these minutes.) -3- 10-28-.74. Th-! City Manager explained this resolution would give official authorizati~ · for submitting a general obligation bond issue to refer- endure on Dc~.'. ~Der 3, 1974, the date of the next General Election for the city. The bond issue for all items would total $4,229,000 and five categories are involved. The resolution provides that the term of the bonds may be up to thirty years, said time to be determined by Council at a later date. The debt service requirement would vary depending upon the term of the bonds selected by Council. It was determined no time limit existed concerning the finalization of the bond issue by Council. It was explained that each of the five issues would be con- sidered separately and the financing will be based on the issues passed on December 3 during the General Election. The additional millage, if all five items pass, would amount to approximately 1.4 mills for twenty years; for thirty years, it would be approximately 1.2 mills. Mrs. Krivos stated Item No. 2 should be amended to specify that it is the purchase of the Barr Property intended for recreational or other municipal purposes. Council agreed and requested such amendment be made. Mrs. Krivos moved for the passage of Resolution No. 71-74 with the addition of the Barr Property on Item Two of the Bond Issue if so approved by the bonding attorneys, seconded by Mr. Saunders. Mr. Herbert Bernenko, 1225 So. Ocean Boulevard, Delray Beach, questioned what would happen if only one item is approved since small amounts would be difficult to finance and would probably be financed at very high rates. He suggested that all five items be placed under one major item. Mayor Scheifley replied several of the issues were contro- versial and it was decided to let the citizens vote on each issue. Mr. Sannders stated if only one item is passed and a small amount of money is involved, it would not be handled as a bond issue, but the money would be obtained in some other manner. The City Manager stated the City is not obligated to finance by bond issue under this resolution. Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, spoke concerning the possibility of failure of the bond issue. He stated many of the people with ~hom he has spoken as a candidate for City Council do not know anything about the bond issue and he felt City Management and City Council members should speak at every possible opportunity to inform the public. The City Manager responded that a large scale effort to inform the public of the bond issue during the month prior to the General Election is planned. Upon roll call, Council voted as follows: }ks. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 52-74. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 29-7.2 OF Ct~PTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO THE ELIMINATION OF THE HEAVY INDUS- TRIAL DISTRICT (H-I); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (.Copy of Ordinance No. 52-74 is attached to the official copy of these minutes.) The City Manager stated this ordinance was passed by Council on September 23rd following a unanimous approval by the Planning and Zoning Board. A public hearing has been scheduled to be held at this time. A Public Hearing was held, having been legally advertised in compliance wish 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 that Ordinance No. 52-74 be adopted 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; Mayor Scheifley - Yes. -4- 10-28-74. The City Manager presented Ordinance No. 54-74. AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACIt, FLORIDA, AMENDING SUBSECTION 15C-4 (b) OF CHAPTER 15C "LANDSCAPING" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH PERTAINING TO MAINTENANCE OF LANDSCAPING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott explained this ordinance pertains to amending Chapter 15C "Landscaping" of the Code of Ordinances and is a modification that was reco~nended by the City's Beautification Com- mittee. It will require the installation of a sprinkler system to serve to water all required landscaping. Mr. Randolph moved for the passage of Ordinance No. 54-74 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. 8.h. The City Manager presented Ordinance No. 55-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~'Z~NDING SECTIONS 14-9, 14-10 AND 14-11 OF CHAPTER 14 "FIRE DEPARTMENT, FIRE PREVENTION AND FIRE REGULATIONS" OF THE CODE OF ORDI~ANCES OF THE CITY OF DELI{AY BEACH PER- TAINING TO RECLASSIFICATION OF PROPERTY INTO FIRE DISTRICTS I, II AND III; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The City Manager reported this ordinance is required to make compatible the terminology of the City's present zoning ordinance and the Fire District Classifications in connection with the Fire Preven- tion Code and Regulations of the City. He further explained the major change is in regard to the three fire districts having the different zones of the City allocated specifically to one of the three districts. Mr. Weekes suggested the deletion of the HI Heavy Industrial zoning district. Mr. Weekes moved for the passage of Ordinance No. 55-74 on first reading with the amendment that reference to "HI" Heavy Industrial District will be deleted, 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. 8.i. The City Manager presented Ordinance No. 56-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED ~I-15 MULTIPLE F~IILY DWELLING DISTRICT IN "C-1 LIMITED CO~ERCIAL DISTRICT", AN AREA LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY BETWEEN SOUTH LAKE AVENUE AND BOND WAY LYING IN THE NORTH ~RLF OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT .THEREOF FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9 AT PAGE 72; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott reported this action was recommended by the Planning and Zoning Board and at a recent Council meeting, the City Attorney was directed to prepare this ordinance. It concerns rezoning of a .73 acre tract of land on the east side of Federal High- way between South Lake Avenue and Bond Way, lying in the North half of Section 9-46-43, from ~-15 Multiple Family Dwelling to C-1 Limited Commercial. Mr. Saunders moved that Ordinance No. 56-74 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; Mayor Scheifley - Yes. -5- 10-28-74. ~ The City Manager presented Ordinance No. 57-74. AN ORDINANCE OF TIIE CITY COUNCIL OF TIlE CITY OF DELRAY BEACIt, FLORIDA, REZONING AND PLACING LA/~D PRESENTLY ZONED 1~4-15 MULTIPLE FAMILY DWELLING DISTRICT IN "C-1 LIMITED COMMERCIAL DISTRICT", BEING A PORTION OF BLOCK E, LA HACIENDA SUBDIVISION, LOCATED ON THE EAST SIDE OF FEDERAL tlIGttWAY BETWEEN SOUTIt LAKE AVENUE AND BOND WAY LYING IN THE NORTH HALF OF SECTION 9, TOWNSItIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLO~tIDA, IN PLAT BOOK 15 AT PAGE 6; AND A~4ENDING "ZONING ~LAP OF DELRAY BEACH, FLORIDA, 1972" City Manager Mariott stated this ordinance would rezone 18,000 square feet on the east side of Federal Highway between Bond Way and South ]Lake Avenue from P~i-15 Multiple Family Dwelling to C-1 Limited Co~mmercial, (Section 9-46-43). Mr. Weekes moved for the passage of Ordinance No. 57-74 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. 8.k. The City Manager presented Ordinance No. 58-74. AN ORDINAiqCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES PERTAINING TO ELECTION DATES, QUALIFICATIONS FOR OFFICE, FILING DATES, MANNER OF DECLARING WHO IS ELECTED, FIRST NONPARTISAN, SECOND NONPARTISAN AND SPECIAL ELECTIONS; REPEALING CHARTER PROVISION IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE AND TRANSITION ARTICLE PROVIDING FOR A REFERENDUM ELECTION TO BE VOTED UPON BY THE ELECTOP~ATE AT THE GENEP~AL ELECTION TO BE HELD ON DECEMBER 3, 1974. The City Attorney reported this ordinance was a result of the recommendations of the League of Women Voters made in April, 1973, said reconunendations having been held pending passage of the Home Rule Act, and the ordinance has been discussed by Council. He explained each of the changes involved and each of the sections that are being repealed. Mayor Scheifley stated a great deal of criticism has been expressed in the past concerning the fact that the elections of the city occur in the off-season and many property owners are not here in November or December, hence the decision to change the elections to March. Mrs. Krivos pointed out an error on page 5 under Polling Places, indicating it should read Precincts 171 and 175. She also questioned whether or not Council would appoint Judges Ad Litem and .Assistant City Prosecutor. Council agreed to add these two positions to the Charter. Mr. Weekes moved for the passage of Ordinance No. 58-74 on first reading subject to the following changes: under Section 1, paragraph 1, sec. 12 - add Judges Ad Litem and Assistant City Prosecu- tors; and on page 5, section 6 under Polling Places, Precinct 172 be deleted and Precinct 171 be inserted, said motion 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. Herbert Bernenko, 1225 So. Ocean Boulevard, Delray Beach, spoke expressing his appreciation for the action of the Council con- cerning this change of the Charter. It was explained by Council that the item will appear on the ballot as shown in the ordinance. 8.1. The City Manager presented Ordinance No. 59-74. AN ORDINANCE OF THE CITY COUNCIL OF TItE CITY OF DELRAY BEACH, FLORIDA, REPEALING ALL OF CHAPTER 12 -6- 10-28-74. "ELECTIONS" AND ENACTING A NEW CHAPTER 12 "ELECTIONS" PERTAINING TO NOTICE OF ELECTIONS, QUALIFICATIONS, AND FILING OF CANDIDATES, LAWS GOVERNING ELECTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITit; PROVIDING AN EFFECTIVE DATE. The City Attorney stated this ordinance was designed to accompany the Charter amendment (Ordinance No. 58-74) and repeals all of Chapter 12 of the City's Code of Ordinances and enacts a new Chapter 12 "Elections". He explained the major changes involved. Mr. Randolph moved for the passage of Ordinance No. 59-74 on first reading subject to a correction in Section 12-2, A (3) which should read "unexpired", seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sa~nders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. ~' i.~i!'--. The City Attorney requested the City Council to authorize the City Clerk to advertise Ordinance No. 58-74 for the next three weeks, October 31, November 7 and November 14. He requested Council to have a Public Hearin% at a Special Meeting to be held on November 15, 1974 at 12:05 P.M. Ordinance No. 59-74 will be advertised in the usual manner, but will be considered at the Special Meeting on November 15th. Mrs. Krivos moved that the City Clerk be authorized to advertise Ordinance No. 58-74 on October 31, November 7 and November 14, and that a Special Meeting be held to consider Ordinance Nos. 58-74 and 59-74 on November 15, 1974 at 12:05 P.M., 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.m. The City Manager presented Ordinance No. 60-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 MULTIPLE F~ILY D~LLING DISTRICT IN "C-1 LIMITED COI'~'IERCIAL DISTRICT", AN AREA LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1 BETWEEN N.E. 8TH STREET ~D BOND WAY, BEING ALL THAT PORTION OF LOT 4 IN SECTION 9, TO~SHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 8, PAGE 40, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott stated this ordinance is to rezone an area consisting of a 2.5 acre tract of land located on the east side of North Federal Highway between Bond Way and N.E. 8th Street, 1041 - 1045 N.E. 6th Avenue, from RM-15 Multiple Family Dwelling to C-1 Limited Commercial District, lying in Section 9-46-43. The Planning and Zoning Board recommended by a vote of 5 to 2 that the rezoning request be granted. Mayor Scheifley asked what percentage of the property is developed and what is undeveloped. Attorney John H. Adams spoke repre- senting the applicant and stated this property abuts the property Council had rezoned prior to this item on the agenda from ~4-15 to C-1. No one could determine how much of the land is vacant. The City Manager explained a Public Hearing is scheduled for the next meeting concerning changing the Land Use Plan on land on North Federal Highway that would include this tract of land which would make the land compatible with the Land Use Plan since the area is commercial. Mrs. Krivos moved for the passage of Ordinance No. 60-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; ~.~. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion passed with a 4 to 1 vote. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on October 22nd recommended by unanimous vote that a minor modification be approved for the site plan, preliminary plat and final plat for Phase II of the Delray Mall Shopping Center. The modi- fication consists of moving the curb cut on Old Dixie Highway 600 feet -7- 10-28-74. south of Collins Avenue as requested by the Department of Transporta- tion. Mr. Randolph moved the requested modification on the site plan, preliminary plat and final plat for Phase II of the Delray Mall Shop- ping Center be approved, seconded by Mr. Saunders, said motion passing unanimously. Mayor Scheifley introduced Mr. Roy Simon, candidate for City Council. 10.a.1. Mr. Matthew Mitchell, Jr., 324 N.W. llth Avenue, spoke as the representative for the Delray Rocks Football Team, being composed of four different teams with 169 members. He stated the Team has been invited to participate in a National Tournament in Gatlinburg, Tennessee and the cost for the project is $17,500. The Team will leave November 27th and return December 1st. Mr. Mitchell asked Council to consider contributing $2,000 toward the cost of the trip. Mr. Ernest Galinas, 3425 Sherwood Boulevard, Delray Beach, explained the details of the trip, i.e. mtemizing expenses, etc. It was determined the four teams involved are to represent the State of Florida. The City Manager pointed out the Delray Rocks is actually a City activity, being head- 'quartered in the City Par]~s and Recreation Department. It was ascer- tained insurance had been obtained for the trip. Mr. Randolph stated he had a son who played on one of the teams and expressed the concern that this might be a conflict of interest. He stated he felt this trip would be a tribute to the coaches, parents and those who have worked so diligently with the children. The City Manager suggested the money be taken from the General Fund Contingency Account. Mr. Saunders moved that Council donate $2,000 to the Delray Rocks for the national championship tournament in Gatlinburg, Tennessee, seconded by Mrs. Krivos. Mr. Weekes suggested allocating the $2,000 to the Parks and Recreation Department for the specific purpose of the trip. Mr. Saunders accepted this amendment to his motion. The motion passed unanimously with Mr. Randolph abstaining. 10.a.2. Mr. Tom Ingersoll, Arvilla Hotel, Delray Beach, asked if the City could supply information concerning the cost of putting the City pool in operation or the possibility of disposing of the land if the City so desires. Mr. Ingersoll was informed this matter will be further discussed at a workshop meeting. 10.a.3. Mr. Jack Collins, 333 N. Swinton Avenue, Delray Beach, spoke concerning the new election laws as recommended by the League of Women Voters and requested Council to consider the matter of petitions that will be required of future candidates for office. He stated he felt this was a burden for persons who were considering running for office in the City. Mayor Scheifley stated this had been discussed in work- shop and the purpose of the petition was to require 1% of the voters (approximately 120 signatures) to avoid candidates who were not serious about running for office. ~. Weekes pointed out the ordinance could be modified, if necessary, and it does not require the candidate himself to obtain the signatures. 10.a.4. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, spoke concerning the street lights in the western section of town. He stated they burn out and are not replaced by Florida Power and Light Company, mentioning areas around 2nd Street and 9th Avenue and the area in Jefferson Manor. Mr. Randolph pointed out some difficulty is being experienced due to the construction work in the 1-95 area. The City Manager stated he would check with the Florida Power and Light Company. 10.a.5. Mr. Gary George, 218 S.E. 1st Avenue, Delr~y Beach, asked when traffic lights would be installed at the corner of Swinton Avenue and S.E. 10th Street. The City Manager stated the C~anty would place the traffic lights when clearance from the Florida East Coast Railway was received. Mr. George asked when the workshop meetings were held and what notification was given the publicl The City M~nager stated the City notifies the press and any interested parties who may have items under consideration of any upcoming workshop meetings. -8- 10-28-74. 10.a.6. Mr. Frank Harris, 4701 N.W. 13th Court, Ft. Lauderdale, spoke requesting a permit for the grand opening for the new Jackson- Byron department store in Delray Beach. He requested permission to fly flags and banners for two weeks. The City Attorney stated he would have to check the ordinance to ascertain whether or not exceptions to the ordinance which prohibits such action are allowed. Mr. Harris stated the opening was scheduled for the next day. Mayor Scheifley requested th~ City Attorney to take Mr. Harris' name and address and contact him the next day to advise hira of the procedures to be followed. 10.a.7. ~,~. Irwin Kresser, 234 N.E. 17th Street, Delray Beach, spoke concerning seaweed on the beach and asked if the City is to keep the beach clean. The City Manager replied it was the City's responsibility. 14r. Kresser also complained about Florida Power and Light Company 'not replacing burned out bulbs on street l~ghts. 10.a.8. ~.~. James Greer, 217 S.W. llth Avenue, Delray Beach, asked the City Manager who was going to finance the traffic lights to be installed at 8th and 10th Avenues on West Atlantic Avenue. The City Manager replied the City Administration will work with the County on the project and, hopefully, the County will finance the cost. There is a possibility the County will pay 50% and the City will pay 50%. Mr. Greer asked if some of the streets on the west side will be re- paved. The City Manager replied some of the streets are included in the planned program. 10.b. The following Bills for Approval were approved on motion by Mr. Weekes and Seconded[ by i~r. Randolph. Mrs. Krivos objected to payment of the bill to Alley, Rock and Dinkel in the amount of $8,818.09. She requested an itemized bill be obtained from the firm before the bill is paid. Council discussed the matter and agreed to defer payment of this bill. until an itemized statement is received. Mr. Weekes amended his motion to pay the bills with the exception of Check No. 7640 to Alley, Rock & Dinkel, said amendment being accepted by ~. Randolph. The motion passed unanimously. General Fund ......... · . $320,113.49 Utility Tax Fund ......... 102,938.33 Citizens Contribution Fund . 69.00 Improvement Trust Fund ...... 2,000.00 Beach Restoration Fund ...... 21,012.50 Federal Revenue Sharing Fund . . 46,135.00 10.c.1. The City Manager reported Council needs to approve the City's ~pplication for certification in the Bi-Centennial Celebration. Mayor Scheifley explained for a City to receive financial aid to participate in the Bi-Centennial Celebration, the City must be certified as a Bi- Centennial City. Once the certification is completed, the City is eligible to apply for a grant to finance projects under one of the following subjects: 1 - heritage; 2 - festivals; and 3 - horizons. Fifty percent of the cost of the project will b~ granted from the Fed- eral Government. Council must indicate their desire to become a Bi-Centennial City by motion, i4r. Saunders moved that Delray Beach file the form to become certified, seconded by Mr. Randolph, said motion passing unanimously. The City Manager will notify Mr. Ken Ellingsworth that this action has been taken. 10.c.2. The City Manager presented Ordinance No. 62-74. AN ORDIN~qCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 9-1 AND 9-1.2 OF CI~PTER 9 "BUILDING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ADOPTING THE 1973 EDITION AND 1974 REVISION THERETO OF THE SOUTHERN STANDARD BUILDING CODE; ES'£ABLISHING FEES; READOPTING ~4END- MENTS THERETO; PROVIDING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT I~REWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. -9- 10-28-74. City Manager Mariott explained this ordinance is designed to update the City's present Building Code and will also update thc fee schedule to be compatible with services provided in areas delin~ated in the ordinance. It is recommended Council adopt this ordinance to comply wi'Lb the 1973-74 Southern Standard BuildJ.ng Code new edition and revisions. Mr. Randolph moved for the passage of Ordinance No. 62-74 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. 10.c.3. The City Manager reported the City Council had previously authorized resubmission of a 701 Grant ~pplication to the Community Affairs Department of the State of Florida which will provide a $24,000 program to work toward the upgrading of substandard areas in the City. New Federal Legislation, passed approximately seven weeks ago, termed the Housing and Community Development Act of 1974, provides for a con- struction program and requires that 80% of grant money received must be spent for construction which eliminates excessive planning and other fees; no matching funds are required. The City must submit an applica- tion and pay for costs involved. The City's planning firm prepared an estimate for preparing the City's application for grant funds under this act and the figure is approximately $7,000. An alternate action is to prepare a Preliminary Application which would take less time and would enable the City to be informed by the Federal Government whether or not the City would receive a grant. This method would cost between $1,000 and $2,.000. The City Manager recommended the Preliminary Application be prepared prior to preparing a Full Application. Mr. Randolph moved the Preliminary Application be prepared at a cost not to exceed $2,000, with the funds to come from the General Fund Contin- gency Account, seconded by Mr. Weekes, said motion passing unanimously. 10.c.4. The City Manager reported Mrs. Phyllis Plum~e has tendered her resignation from the Delray Beach Housing Authority to take the appointment to the Planning and Zoning Board. Council should consider a replacement for Mrs. Plume on the Housing Authority. 10.c.5.. City Manager t4ariott reported on the progress of the City pool. The present wells are not acceptable due to the iron content of the water. One well will be drilled to approximately 100 to 120 feet to attempt to obtain acceptable water. If this fails, sufficient wells to fill the pool will be drilled and a report will be submitted re- garding the type of treatment necessary to eliminate the iron from the water and to circulate the water in the pool. The cost to remove the iron from the water, if necessary, may be prohibitive and will be reported on at a later date. 10.c.6. ~s. Krivos reiterated her position on the retaining of the firm of Alley, Rock & Dinkel and requested Council to reconsider their position on the matter. Council agreed on the value of the firm as specialists, but requested, the breakdown of costs be obtained. The meeting was adjourned at 10:15 P.M. City Clerk APP ROVED: MAYOR -10- 10-28-74.