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12-09-74 DECEMBER 9~ 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, December 9, 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. David Travis of Unity of Delray Church. 2. The Pledge of Allegiance to the Flag of the United States of ~merica was given. 3. The minutes of the regular meeting of November 25, 1974, and the special meeting of December 4, 1974, were approved unanimously on motion by Mrs. Krivos and seconded by Mr. Saunders. 4.a. Mr. Weekes spoke to Council for Attorney John Ross Adams con- cerning a proposed change in the Downtown Development Authority ordinance relating to parking in the Central Business District and the method of figuring the cost of supplying parking spaces for those who do not have on-site parking. Mr. Adams has a proposed amendment which should be referred to the City Attorney and to the Planning and Zoning Board for consideration at their next regular meeting. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. 6.a. The City Manager reported that John's Beach Service has re- quested a reduction in license fee from $4,000 to $500.00 for the 1974-75 fiscal year due to the loss in business during the time of severe beach erosion and the restoration process of the beach. The fee has been gradually reduced since 1970-71 for the same reasons. The full license fee was restored upon the completion of the beach restoration project. It was the consensus of Council that since the beach has been restored and the winter season is approaching, the license fee should be reduced to $1,000~00 rather than $500.00. Mr. Weekes moved the license fee be reduced to $1,000, seconded by Mr. Saunders, said motion passing unanimously. 7.a. Mayor Scheifley acknowledged receipt of the minutes of the ~Beautification Committee held on November 6, 1974. 7.b. The City Manager stated Mr. Reube~ Hirsch has applied to the City for a Certificate of Public Convenience and Necessity for the opera- tion of one taxicab within the City doing business under the name of King Car Service. In compliance with Section 26-7, Chapter 26 of the Code of Ordinances, it is recommended that Council establish a public hearing to be held on this request on December 23, 1974, prior to which time notification will be made to the other licensed taxicab operators in the City. Mrs. Krivos moVed a public hearing be held on December 23, 1974 to discuss the request for a Certificate of Public Convenience and Necessity and that all operators be notified prior to such hearing, seconded by Mr. Randolph, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 81-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT FOR INTERIOR REMODELING FOR NEW PLANNING DEPARTMENT OFFICES LOCATED AT 100 N.W. FIRST AVENUE, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 81-74 is attached to the official copy of these minutes.) City Manager Mariott reported at the October 31st workshop meeting of Council, he had recommended that money be allocated from the Federal Revenue Sharing Funds for the employment of an additional member of the Planning Staff and for the renovation of the required office space in the building behind City Hall. Three bids were re- ceived for the renovation as follows: Bidder Bid Campbell Construction Company $6,494.00 Tom Acquino Construction Company 9,925.00 Tom E. Woolbright, Inc. 10,548.00 It is recommended that Resolution No. 81-74 be adopted which would award the contract to the low bidder, Campbell Construction Company, in the amount of $6,494.00 with funds to come from the Federal Revenue Sharing Funds. Mrs. Krivos so moved, 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.b. The City Manager presented Ordinance No. 61-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 6A "BARBERS AND BARBER SHOPS" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA: PROVIDING ~ EFFECTIVE DATE. (Copy of Ordinance No. 61-74 is attached to the official copy of these minutes.) City Manager Mariott stated tke abolition of the Barbers Board of Examiners was recommended by the Board itself. 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 that Ordinance No. 61-74 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; Mr. Weekes - Yes; Mayor Scheifley - Yes. Mr. Saunders questioned the disposition of the funds under the jurisdiction of the Board. The City Manager stated the Finance Depart- ment was handling the matter. 8.c____~. The City Manager presented Ordinance No. 63-74. AN ORDINANCE OF THE cITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS ~ENDED, BY ADDING TO USES PERMITTED IN THE SC SPECIALIZED COMMERCIAL ZONE "MOTORCYCLE SALES, SERVICE AND REPAIR" AND OTHER RETAIL BUSINESS OR COMMERCIAL SERVICE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 63-74 is attached to the official copy of these minutes.) -2- 12-9-74. A Public }{earing 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 that Ordinance No. 63-74 be adopted 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.d. The City Manager presented Ordinance No. 64-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C}~PTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING DEFINITIONS FOR A "DRIVE-IN RESTAURANT OR REFREShmENT STAND" AND "RESTAURANT"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 64-74 is attached to the official copy of these minutes.) A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved that Ordinance No. 64-74 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; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance NOo 66-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING APPROXIMATELY 353.72 ACRES OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF LOWSON BOULEVARD, BETWEEN DOVER ROAD AND MILITARY TRAIL IN "~-6 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". City Manager Mariott stated this has been discussed by Council and the Planning and Zoning Board over several months. The re- zoning request covers the 353 acres of The Hamlet and would rezone the property from RM-10 (Multiple Family Dwelling) to RM-6 (Multiple Family Dwelling). The developers have agreed to a provision in the ordinance that states the density will be applicable to the overall acreage rather than to isolated portions. The Planning and Zoning Board has recommended the rezoning. Mrs. Krivos moved for the passage of Ordi- nance No. 66--74 on first reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 10.a. Mr. Preston Wright, 815 N.W. 2nd Street, Delray Beach, ques- t~-i~d the status of the Teen Town Center since the bond issue was defeated in the General Election. Mayor Scheifley stated the.matter was strictly one of where to obtain the funds to erect a new Teen Town Center. Mr. Wright questioned with what funds the beach was restored and the sewers built. The City Manager reported on the status of the sewer extension in Jefferson Manor and Tropic Isle. The City Engine'ering Department in consultation with Russell and Axon has pre- pared a report which was distributed to Council. At the present time, -3- 12-9-74. the EPA has no funds ~ ~ilable for expansion of sewer systems, since all funds are earmark~ '~ for sewage treatment plants. Therefore, expansion of sewer sysi~ems will be entirely at local expense. The approximate cost today of the installation of these sewers would be in excess of one and one-quarter million dollars. At present, the City cannot estimate the amount of the Water and Sewer Revenue Bond money needed to construct the sewerage treatment plant and until that time, it will not be known whether sufficient excess funds will be available to construct these two facilities in Jefferson Manor and Tropic Isle. 10.a.2. Mr. Ron Sanson, 1630 Cathrine Drive, Delray Beach, spoke concerning the lethal yellowing disease in Delray Beach. Mayor Scheifley stated agencies in the City are meeting to discuss the problem and it is under consideration by Council. Mr. Sanson also spoke concerning the problems occurring on the Gwynn-Kucera property, i.e., vagrancy and the health problem of the pool. The City Manager stated the matter would be pursued further with the County. 10.a.3. Mr. Joseph Katen, 1301 N.W. 4th Avenue, Delray Beach, spoke of the growth of Delray Beach and commended highly the Police Department and the Administration of the City. He cited the services provided by professional administrators, the lowering of taxes and thanked the Council in the name of Delray Beach. 10.a.4. ~. Tom Ingersoll, Arvilla Hotel, Delray Beach, spoke con- cerning the city pool. He requested that Council consider utilizing the property to the best advantage of the City. He suggested the following: 1 - sell the property; 2 - redevelop a new pool away from Atlantic Avenue (running north and south); or 3 - convert the property into a parking area. Hr further suggested the park along the Intra- coastal would be a logical location for a new pool. The City Manager stated the report from Delray Pools would be received this week which would enable the matter to be discussed at next week's workshop meeting. 10.b. The following Bills for Approval were aPproved unanimously on motion by Mr. Weekes and seconded by Mr. Randolph. General Fund .............. $294,168.47 Water and Sewer Fund .......... 246,821.25 Utility Tax Fund ............ 17,630.00 Citizens Contribution Fund ....... 21,486.50 Improvement Trust Fund ......... 48,188.00 Beach Restoration Fund ......... 5,313.62 ~10.c.1. The City Manager presented a report on the lethal yellowing disease and each Council member received a copy of the report. He stated there are approximately 10,000 trees in Delray Beach that are subject to this disease. The Chamber of Commerce, the City Beautifica- tion Committee and the City Administration, singly and jointly, have discussed this problem and the report presented lists three alternate plans to attempt to combat this disease. Plan A would cost approximately $43,725 per year and would provide for contracting for the inoculation of the 10,000 trees in the City; Plan B would cost approximately $33,225 per year which would allow for the City employees to perform the work; Plan C calls for inoculating the trees on City owned property by City employees and encouraging each citizen to inoculate their own trees by purchasing kits from the City at cost. The Chamber of Commerce, the City Beautification Committee and the City Administration all recommend adoption of Plan C which can be implemented almost i~nediately at a nominal cost. If it becomes advisable to implement Plan A or B at a future date, the matter could be decided at that time. Considerable discussion ensued among Council members with the following members of the audience participating: Mr. Quentin Boerner, Mr. Ceorge Aspinwall, Mr. Irwin Kresser, Mr. Joseph Katen, and Mr. Ron'Sanson. It was determined the cost to the public under Plan C would be approximately $5 per tree per year. The terramycin treatment would have to be continued indefinitely and is approximately 90% effec- tive. A publicity campaign would be launched if Plan C is adopted. -4- 12-9-74. Mr. Weekes moved that Council authorize the implementation of Plan C, seconded by Mr. Saunders, said motion passing unanimously. 10.c.2. The City Manager stated the contract for the force main in Highland Beach has been completed. The original contract amount was $31,630.00; during installation, it became necessary to increase the amount by $4,990, thus increasing the total contract price to $36,620.00. The water will now be metered and the force main will permit the elimination of several pumping stations. It is recommended that Council accept the contract as completed and authorize full payment with funds to come from the Water and Sewer Fund Renewal and Replacement Fund as was discussed at the time the contract was awarded. Mrs. Krivos so moved, seconded by Mr. Weekes, said motion passing unanimously. 10.c.3. Mayor Scheifley stated the suggestion had been made that all lawn service companies be contacted concerning the inoculation of palm trees to prevent lethal yellowing disease. The City Manager stated he would handle the matter. The meeting was adjourned at 8:50 P.M. cz City Clerk APP ROVED: MAYOR -5- 12-9-74.