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06-26-72 A regular meeting of the City Cou~)cil of the City of ])elray Beach was called to order in the Council[ C'ham!~-}ers at 7:30 P.M., Monday, June 26, 19'72, by Mayor James H. Scheifley, with City Manager J. Eldon Maze_oft, City Atterney G. Rebert Fel].ows, an6 Ceencil Members Grace S. Martin, J. L. Saunders, Leon M. Weekes, and O. F. Youngblood presei~t. 1. The opening prayer was delivered by Dr. Andrew Hall of the First Baptist Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was then given. 3. The minutes of the regular meeting of June 12, 1972, were unanimously approved on motion by Mrs. Martin and seconded by Mr. S aunder s. 4.a. Mrs. Martin thanked the City Manager, City Council, and the City forces for the lovely job of landscaping that has been completed on the park area at the Little League Ball Field grounds at S. E. 2nd Avenue and 7th Street. 4.b. Mr. Saunders commended the City Administration for the nice appearance of the rest rooms recently constructed at Knowles Park. 4.c. Mr. Weekes concurred with Mr. Saunders and also thanked the Administration and City Council for agreeing with his idea of the need for restrooms at Knowles Park. He said he understands there will be similar facilities installed at the City Park located on the Intra- coastal Waterway and Atlantic Avenue. Mr. Weekes referred to an editorial that appeared in the Delray Beach News-Journal last week relating to the traffic signals at State Road A1A and Atlantic Avenue. Agreeing with the editorial, he urged the Administration to contact the Police Department about placin9 either an arrow or sign to inform north-bound traffic that the green light is delayed. He said permission could probably be obtained from the State Department of Transportation. 4.d. Mr. Youngblood commended the Police Department on that department's handling of matters in the City and said 'he hopes it continues. 4.e. Mayor Scheifley reported on the trip to New York, by himself and the City Attorney, where they completed the mechanical and legal details involved in the $2,000,000 Beach Improvement General Obliga- tion Bond Issue. He said that the funds from this bond issue Nave been placed with the De!ray Beach National Bank and the First Nation'- al Bank of Delra.¥ Beach for investment to bring the City an adequate return until its use next summer for Beach Improvement. 5.a. Mrs. John Wilmer of the League of Women Voters informed Council of the presence of representatives from the League of Women Voters, Beach Property Owners' Association, Sherwood Park Homeoenners Association, and others interested in Agenda Item 9.f. relative to a moratorium on zoning changes and additional site plan review require- ments. She asked when their comments would be heard. Council agreed that these people would be heard at the time Council considered Item 9.f. 5.b. Rev. Frank Crispin of the Gold Coast Church of Christ, Inc., informed Council 'that tNe church owns eight lots in Tropic Palms Sub- division where they plan to construct a ch-~rch. He said that sewers are not available to their proper[~y at this time and that they had been unable during the past year to obtain s permit from the Co'anty Health Department to construct a se[~tic tank to serve their property. He had been informed by the Healnh Department. that approval for the septic tank would have to come from the City. The City Manager said that sanitary sewers could be install- ed if their cost was paid by the developer an~t explained the cause for the delay during the past year in sewer installation in that area. Rev. Crispin was advised to contact the City Manager for any assistance that he could give in obtaining a septic tank permit from the Health Department. 5.c. Mr. Irwin W. Kresser referred to a meeting of the Delr.ay Beach City officials with the Department of Transportation in Ft. Lauderdale last week regarding beach erosion and preserving State Road A1A, and asked what is going, to be done about the situation. Mr. Weekes said it was a fruitful meeting an~ that the City had been assured of DOT cooperation. They agreed to change the fill material they are using and to use a heavy rock rubble material which will provide better backing for the new sand. Also, DOT agreed to continue nourishment, as long as they have the manpower and funds, to preclude another emergency situation. Following a question by Mr. Kresser as to why something of a permanent nature is not being constructed, the City Manager explain- ed that it would be a physical impossibility to construct a sea wall in Delray Beach to p~ovide protection during 'the up-coming rough water season. Further, it would not be possible to design a sea wall, finance it, get permits, etc. within the available time period. The City Manager reported that the City had asked DOT to provide tempor- ary protection along A1A for the safeguar.ding of the state highway until the time the City completes the Beach Erosion Control Project next summer. There was mention, of a vertical piling sea wall, but the City Manager said that in hi's opinion such a sea wall would save the upper ground while destroying the Beach. Mayor Scheifley informed Mr. Kresser that his suggestions would be taken under consideration. 6.a. The City Manager reported that the term of J. Morgan Mikell as a member of the Downtown Development Authority will expire on July 1, 1972, and that Mr. Mikell has agreed to serve for a new 3-year term ending July 1, 1975, if appointed. Mr. Mikell was unani- mously appointed to serve a new three-year term beginning on July 1, 1972 as a member of the Downtown Development Authority, on motion by Mrs. Martin and seconded by Mr. Weekes. 6.b. The City Manager presented the following bids received for the construction of sanitary sewers and water lines on Dotterel Road in Tropic Palms Subdivision, from Lindell Boulevard to a point east of Jaeger Drive: S EWERS WATER TOTAL DAYS R & R Utilities Inc. $31,310.70 $7,205.00 $38,515.70 120 Lake Worth, Fla. Tech Corp. & Assoc. 34,478.00 6,665.00 41,143.00 80 Lighthouse Pt., Fla. Onontar io Corp. 33,066.70 8,490.00 41,556.70 180 West Palm Beach, Fla. Belvedere Construction Co. 35,132.82 7,515.25 42,648.07 90 West Palm Beach, Fla. Gulfstream Const. Co., Inc. 45,880.65 10,480.00 56,360.65 120 West Palm Beach, Fla. - 2 - 6-26-72 The City $~')anager reported that these wat:er arid sewer facilities would serve a numbe~: of developers who plan to develop the adjacent nn'~ nearby properties. These developers have agreed to pay the entire cost of the water and sewer factlties but the money has not been posted w~th 'hbe City yet. The City Manager recommended that Council approve enterin~ Znto a contract with R & R Utilities Inc., the low bidder, in the am6unt of $38,515.70 at such time as the developers have posted the entire amount of the contract with the City. Mr. Saunders moved that the !ow bid to R & R Utilities Inc. in the amount of $38,515.70 be awarded for water and sewer facilities construction on Dotterel Road as soon as the money is posted with the City by the developers. Mr. ¥oungblood seconded the motion, which was unanimously approved. 6.c. Concerning the City's Occidental Life Insurance Group Policy, the City Manager reported that the City's plan presently provides $38.00 per day coverage while Bethesda Memorial Hospital currently charges $44.00 per day and plans to increase that. charge to $48.00 per day July 1, 1972. The City Manager said the additional cost to the City for upgrading the coverage from $38.00 per day to $48.00 per day is estimated to be $2,016.00 annually and $504.00 for the balance of this fiscal year. He recommended that Council authorize the transfer of $504.00 from the General Fund Contingency Account to pay the cost of addition- al room coverage for the balance of this fiscal year. Mrs. Martin moved that insurance coverage for City employees by Occidental Life Insurance Company be increased from $38.00 to $48.00 per day, and that $504.00 be transferred from the General Fund Contingency Account to take care of the additional coverage for the balance of this fiscal year. The motion was seconded by Mr. Saunders and passed unanimously. 6.d. The City Manager recommended that Council authorize accept- ance of an Easement Deed for the west five feet of Lot 22, Delray Beach Shores Subdivision, which would entail no cost to the City with the exception of the recording of said deed. He informed Council that the City presently has a drainage pipe in this location for the pur- pose of draining White Drive South to the yacht basin. The Easement Deed was unanimously accepted upon a motion by Mr. Weekes and seconded by Mr. Youngblood. 7.a. City Manager Mariott informed Council of receipt of an appli- cation from Mr. Roger M. Coffey for rezoning of Lots 1 thru 5, Block 4, Atlantic Park. Gardens from R-i, Single Family Dwelling District to RM-2, Multiple Family Dwelling District. He recommended that this request be referred to the Planning and Zoning Board for study and recommendation. It was so moved by Mrs. Martin, seconded by Mr. Young- blood, and unanimously carried. 7.b. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for its June 6, 12 and 19, 1972 meetings. 8.a. City Manager Mariott presented RESOLUTION NO. 29-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY N~ANAGER TO PROCEED WI~ THE CONSTRUCTION OF STORM DRAINAGE AS SHOWN ON PLANS MARKED "STORM DRAINAGE -- SOUTHWEST AREA, PROJECT NO. 5964-9a," TOGETHER WITH INSTALLA- TION OF INLETS, M~-HOLES AND ALL NECESS~d~Y APPUR- TENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. (Copy of Resolution No. 29-72 is attached to the official copy of these minutes.) - 3 - 6-26-72 A Public tlearing, havin[? been legally advertised in com- ~+ , .... ity of Detray Beac'h concer~ing piiance with the Cha .... er of ~b= C Storm Drainage construction known as "Storm Drainage - Southwest · 59o4.-9a" set fort~. ~_rt Resolution No. 27-72 Area, Project No ~ as "'= , was held, and there being no objections to said proposed improve- ment, Resolution No. 29-72 was unanimously passed and adopted on motion by Mr. Youngblood and seconded by ~ir. Saunders. 8.b. The City Manager presented RESOLUTION NO. 30-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH AWARDING $280,000 CIGARETTE TAX BONDS, SERIES 1972, OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 30-72 is attached to the official copy of these minutes.) The City Manager reported that this resolution would author- ize the making of arrangements for financing the contemplated purchase of a water and sewer system from Ecological Utilities, Inc. Authoriza- tion to make the purchase from Ecological Utilities, Inc. was approved by Council at a special meeting held on June 8, 1972 by passage of Resolution No. 28-72. On motion by Mr. Saunders and seconded by Mr. Youngblood, Resolution No. 30-72 was unanimously passed and adopted. 8.c. City Manager Mariott presented RESOLUTION NO. 31-72. A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR COMPLIANCE WITH CERTAIN REQUIREMENTS UNDER THE 1972 FLORIDA REVENUE SHARING ACT. (Copy of Resolution No. 31-72 attached to the official copy of minutes.) The City Manager explained that it is necessary for each city to pass such a Resolution in order to participate in the 1972 Florida Revenue Sharing Act but that it will not be known until sometime in July to what extent each city will share in this revenue. Following discussion of salaries and qualifications of police officers, Resolution No. 31-72 was unanimously passed and adopted on motion by Mr. Youngblood, seconded by Mr. Weekes. 8.d. The City Manager presented ORDINANCE NO. 13-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-28, SECTION 27-28.1 AND SECTION 27-31, OF THE CODE OF ORDINANCES OF THIS CITY, PERTAINING TO SEWER RATES AND SEWER CONNECTION CHARGES FOR CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA, AND MAKING IT UNLAWFUL TO INTERFERE WITH THE SEWAGE SYSTEM. Ordinance No. 13-72 was unanimously placed on first reading, on motion by Mr. Saunders and seconded by Mrs. Martin. 9.a. The City Manager reported that the City Council at a meet- lng held on May 8, 1972, referred to the Planning and Zoning' Board for study and recommendation of a request made by Dan Burns Oldsmobile, Inc., by letter dated May 5th, that the right-of-way of Avenue A, lying between Dixie Highway and U. S. Highway %1 be abandoned. The Planning and Zoning Board at a meeting held on June 20th passed, by a vote of 5 to 1, a motion to recommend that the request be denied, the primary reason being that the Engineering Department reconunended that the request be denied because of the probable future need of a street connecting Dixie Highway, U. S. Highway ~1, and Tropic Isle - 4 - 6-26-72 Subdivision at this location., The dis~{enUing vote on the Planning and Zoning Bcard was cast by Mr. Gent, who stated that he felt i't would not be desirable to make such future street connection lead- ing into Tropic Isle. Mr. Dan Burns explained his reasons for requesting that Avenue A be abandoned: (1) the unsightly cond~ition of the 50 foot strip adjacent to his business; (2) that he believes such a street would probably be used principally by people taking refuse, etc. to the garbage and trash Transfer Plant located west of Old Dixie High- way; and (3) that h'e doesn't believe the people in Tropic Isle would be pleased with another entrance into their subdivision, particularly between two used car lots. Mr. Burns' informed Council that if this street is abandoned he plans to improve it by black-topping a portion of it and .landscap- ing a portion. During discussion, Mr. Weekes said he is much concerned with the hazardous traffic situation in that area and believes there should be very limited access going east and west of U. S. Highway ~1, but that he is in favor of a service road for traffic going in and out of the automobile dealerships. Mr. Weekes moved that the abandonment of Avenue A, lying between Dixie Highway and U. S. Highway ~t,as requested by Dan Burns Oldsmobile, be granted, the motion being seconded by Mr. Youngblood. Mr. Edwin W. Young of Delray Motors, informed Council that the north portion of the right-of-way that would be granted to them, if it is abandoned, would be black-topped and would provide a service road to Old Dixie Highway. Mr. Saunders said he believed there should be a definite commitment as to what these two automobile dealerships would do to improve that portion of Avenue A if it is abandoned. Mr. Burns pointed out that he had landscaped his automobile agency property, and he assured Council that he would landscape a portion of Avenue A if it is abandoned. Mr. Weekes amended his motion to the effect that the west 76 feet of said Avenue A right-of-way would not be abandoned and would be reserved for the future widening of Dixie Highway. The amendment of the motion was acceptable to Mr. Youngblood. On roll call, Mrs. Martin, Mr. Saunders, Mr. Weekes, and Mr. Youngblood voted in favor of the motion with Mayor Scheifley opposed. Mayor Scheifley qualified his vote by saying that he feels he should not vote to over- rule the recommendation of Planning and Zoning Board and City Admin- istration. 9.b. The City Manager informed Council that the Planning and Zoning Board, at a meeting on June 20th, recommended by a vote of 4 to 2, that Council approve the installation of a "Best Western" sign above the existing Spanish River Inn sign, on the same pole at the Spanish River Inn, 1111 East Atlant'ic Avenue, as requested by Mr. Stan Grazdiel on behalf of the Spanish River Inn. The sign Mr. Grazdiel wishes to install is approximately 6 feet by 5 feet. Mr. Grazdiel has informed the City that the Spanish River Inn has become, or is becoming a member of Best Western and that a condition of membership is that a Best Western sign be displayed. The City Manager displayed a sketch of the sign that Mr. Grazdiel wishes to install. Mr. J. Watson Dunbar, Secretary of the Beach Property Owners' Association said he did not believe that such a sign would benefit the business and would be a disservice to the people living in the area. He asked that Council table this item until he has had the opportunity to discuss it with Mr. Grazdiel. Mr. Grazdiel informed Council that approximately a month ago the Spanish River Inn was elected to membership in Best Western and in order to continue that membership the Best Western sign must be dis- played. He also stated that they need referral business, which would be obtained by continuing their membership with Best Western. - 5 - 6-26-72 Followil~g discussion concei~rJing the size of the sign, Mr. Youngb!ocd. moved to sustain the recommendation of the Planning and Zoning Boarc] and approve installation of the sign. The motion died for the lack efa second.. Mr. Weekes moved that this matter be tabled until the next Council meeting, the motion being seconded by Mr. Saunders. On roll call, Mrs~ Martin, Mr. Saunders, Mr. Weekes and Mayor Scheifley voted in favor of the motion with Mr. Youngblood opposed. 9.c. The City Mansger informed Council that the Planning and Zoning Board at a meeting on June 20th, recommended by unanimous vote that Council approve the request of St. Matthews Episcopal Church that a conditional use permit be granted for the construction of a parish hall opposite their church on the South 150 feet of East 100 feet of Block 31. No objections to the request were voiced at the Public Hearing, and the Beautification Committee has approved the plan. Mr. Weekes moved to sustain the recommendation of the Plan- ning and Zoning Board by granting this request for conditional use, the motion being seconded by Mr. Saunders and unanimously passed. 9.d. City Manager Mariott informed Council that the Planning and Zoning Board at a meeting on June 20th, by unanimous vote, recommend- ed that Council approve the annexation of Lots 1 thru 44, Block 15, Lots 12 thru 23, Block 2, and the two North-South ten-foot alleys in Block 15, Del-Raton Park Subdivision, subject to C-2 Zoning, for ex- pansion of the Jack Nicklaus Pontiac Agency, such action to be contingent upon the replatting of the subject property and the ex- change of land for future widening of Dixie Highway in accordance with past similar actions. The City Manager said that ORDINANCE NO. 14-72, providing for annexation of said property has been prepared for passage on first reading if Council desires to take that action, with the subse- quent replatting and other actions in line with the Planning and Zoning Board recommendations to be taken prior to or simultaneous with the adoption of the ordinance on second reading at a future meeting. Concerning Avenue E, lying north of this subject property, it was pointed out that the north half of Avenue E had been abandoned and there is a sanitary sewer force main installed in the south half. The City Manager presented ORDINANCE NO. 14-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 44, INCLUSIVE, BLOCK 15, AND LOTS 12 THROUGH 23, INCLUSIVE, BLOCK 2, ALSO THE NORTH-SOUTH ALLEYS IN BLOCK 15, DEL-RATON PARK SUBDIVISION, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LA/~D: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LA, ID: AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 14-72 was unanimously placed on first read- ing on motion by Mr. Saunders and seconded by Mr. Youngblood. 9.e. City Manager Mariott informed Council that the Planning and Zoning Board, at a meeting on june 20th, recommended by unanimous vote, annexation into the City of 73 acres of land located, north of Lake Ida Road between Barwick Road and Military Trail in the SW¼ of Section 12-46-42 be subject to R-lA zoning. The petitioner request- ed RM-1 zoning with low density, 6 units per acre, multi-family four - 6 - 6-26-72 unit single s~-ory apartment buildings. Attorney James Wo Now!in~ Jr., representing the petit.~oner, said that the L~nd Use Plan being considered by the C~.ty at thais time designates the property they desk. re to annex as low density with three to six units per acre.. He said that when he appeared before the Planning and Zoning Board recently, they apparently took the view that when the ordinances implementing the Land Use Plan are enacted, the subject area would be zoned for single family dwellings. Attorney Nowlin said the Planning and Zoning ~6oard expressed an interest and seemed to be in favor of the planning as presented, but said they felt they had no other way to recommend it to Council other than R-iA and suggested that the petitioner annex with R-iA zoning and then immediately petition for RM-1 zoning. Attorney .Nowlin displayed sketches of their proposed plans and said .they felt development of the property with six units per acre in RM-1 ' zoning would be much better than six single family dwellings per acre. He informed Council that they would be willing to be annexed in an RM-1A or RM-1 zoning district with restrictions to six units per acre, or subject to site plan approval. During con%ments, Mr. Weekes said that during discussion of the new Land Use Plan and densities, the point was made that there is more thinking today in terms of density per acre rather than s'ingle family and multiple family residences. Following general discussion this item was referred to a workshop meeting before the next Council Meeting for discussion with Attorney Nowlin and the developer he represents, together with the Planning and Zoning Board in an attempt to work out a solution to the problem. 9.f. The City Manager reported that the Planning and Zoning Board, at a meeting on June 20th, recoma~ended by unanimous vote, that Council establish by passage of an emergency ordinance, a moratorium on zoning changes and require site plan review and approval of all multiple family buildings from 2 to 9 units and all commercial and industrial structures, such moratorium to extend for a period of 90 days. .He said that the Planning and Zoning Board minutes state that the intent of the site plan review is not to go to public hearings, but to enable the Board to recommend to Council on the basis of den- sity and setbacks during the period of processing the new zoning ordinances for implementation of the City's Master Plan. Mrs. John Wilmer, representing the League of Women Voters of South Palm Beach County, made the following report: "Since April 25th when the Land Use Plan was adopted in principle by the City Council as representing the goals of Delray Beach for its future development, over 50 applications have been received by the Building Department for multiple family construction of nine units or less and thus not subject to site plan review by the Planning and Zoning Board. Under the present zoning these permits would allow in the neighborhood of 27 units per acre to be built, or nearly double the density proposed in the Land Use Plan. The League has been very disturbed by this strong evidence of builders who are rushing to complete work that seems to be in direct opposition to the stated goals of this community. We feel it imperative to immediately imple- ment measures by whatever means are possible to delay any such build- ing, not to stop, but to delay any such building until the new ordin- ances are completed, or the Land Use Plan is going to be completely emasculated. We urge that you support the reconumendation of the Planning and Zoning Board." Mr. Glen Campbell of C~npbell Construction Company, asked how many bonified members there are in the League of Women Voters. It was reported there were 120 members, and that the expression by Mrs. Wilmer was the concensus of opinion of the majority of those members. Mr. F. P. Hogan, a Tr~stee of the Beach Property Owners' Association, representing approximately 800 members, said his organi-~ - 7 - 6-26-72 zation reco.~,ends that Council adopt t'i:e ordinance proposed by the Planning and ~oning Board. Mr'. J. Watson Dunbar, Secretary of the Beac~ Property Owners~ Association said that he is in total agreement with what has been said by Mrs. Wilmer and Mr. Hogan and that their 800 members represent approximately 1600 people. Mr. M. L. BonDurant, President of the Tropic Palms Home O%maers Association, representing more than 100 members and property owners, said all the members of his association, that he has talked with, are in agreement with the Master Plan,want to see it passed, and support the recommendation of the Planning and zoning Board in respect to the proposed moratorium. Mr. John L. Pitts,III, 237 Seacrest Lane, said. he did not feel the proposed moratorim would hurt the building business as much as indicated by Mr. Campbell, and urged Council to take the necessary action for the good of the City. Mr. James Hallmark, President and Chairman of the Board of the Sherwood Park Civic Association, representing 100 members, inform- ed Council that his organization is looking forward to the adoption of the l'4aster Plan and Land Use Plan and feels that the 90 day mora- torium is needed for the protection of the City. Mr. Glenn Campbell read a letter 'to the City Manager from the Home Builders and Contractors Association of Palm Beach County, dated June 23, 1972, concerning the interest of that association in the proposed moratorium, which asks for a copy of the proposed ordin- ance and that the association be advised of any workshop meetings or hearings at which this item will be discussed. Mr. Campbell said .they are not against the Master Plan but are against a moratorium that would effect the livelihood of at least 10,000 construction workers, which would in turn effect all phases of business in this area, as well as summer work for many youth of the City. Mr. E. F. Schier said that he is not speaking for or against the moratorium, but concerning a 16 unit two-story building on Venetian Drive for which a site plan Was approved for Mr. Campbell. Since construction started, he finds that the plans have been changed, now providing for two eight unit buildings. He asked how such a major change could be made after site plan approval without another public hearing and the area property owners being notified. During discussion the City Attorney said that requiring another public hearing and approval would depend on whether there is a major change or only a minor adjustment to a site plan. Mayor Scheifley asked that the City Manager check into this item and report to Council at a workshop meeting on June 27th. Following general discussion, Mr. Saunders moved that the subject of a moratorium be referred to the June 27th workshop meeting, motion seconded by Mr. Weekes and unanimously passed. Mr. Arthur Sprott asked that the item of annexation of 73 acres of land presented under Item 9.e, be considered at the June 27th workshop meeting prior to consideration of the moratorium. It was so scheduled. 9.g. The City Manager reported that recently the Florida Rural Legal Services expressed interest in being instrumental in developing a tract of land adjacent to the Pine Grove Elementary School property south of S.W. 10th Street in the SE¼ of Section 20-46-43. Specifical- ly they requested that the City extend its water and sewer facilities to serve this contemplated project, the tract of land being outside the corporate limits of Delray Beach. It is planned to build from 70 to 100 dwelling units for low income families. This ~¢as discussed at a workshop meeting at which time Council referred it to the Planning - 8 - 6-26-72 arid Zoning Board for study and recommendation. The C. ity Manager informed Council that the Planning and Zoning Board at a meeting held on 0une 20th, recommended by unanimous vote, that this request be denied. The reasons given by the Planning and Zoning Board for its action were: (1) 'the future land use map designates the property in question for park purposes: and (2) should the land not ultimately be used for park purposes, the density should not exceed 6 dwelling un~ts per acre, which is less than that propos- ed by Florida Rural Legal Services. Attorney Robert Graddy, Florida Rural Legal Services, 110 N.W. 5th Avenue, said he felt the City was obligated to furnish water and sewer service to this property, the property to take care of the expense of connections, including the 800 feet of sewer line extension, and to pay out-of-city rates for these services. He said the property is presently zoned by the County in accordance with the proposed building plan. He also pointed out that Delray Beach has been desig- nated as a service area for regional treatment. Attorney Graddy said this proposed housing is a development under a new Federal Plan and will be owned by the farm workers them- selves under the United Farm Workers Housing Project Incorporated. Miss Janet Serrano of Florida Rurml Legal Services was also present and introduced Mr. James Upchurch of the American Friends Service Committee, who is providing technical assistance on this pro- ject. Mr. Upchurch, during lengthy comments, explained that locating such a project at this location is preferable to locating it in an outlying area since it had been learned, through prior experience, that if farm workers are to be considered part of the total community, they cannot be isolated and ultimately solves many of their problems. He said that the Farmers Home Administration, the Federal Agency that would be providing the project, funds, has ruled that in the future they will not build any more projects in outlying areas away from the needed facilities. Mr. Upchurch said it would not be feasible financially to lower their planned density. It was pointed out that there was no desire by the develop- ers to annex this property to the City, due to county zoning and density, and that it does con'flict with the Master Plan and the propos- ed density. Mr. Weekes asked the City Attorney if the City is legally obligated to furnish water and sewer service to areas outside the City's corporate limits. The City Attorney reported that he had not heard an answer to that question from either the County Planning Board or the Planning Board in Tallahassee. City 'Manager Mariott reported that he and the City Attorney have had several conversations regarding this item, following a work- shop meeting at which this question had been asked by Mr. Weekes. He said there had been discussion with the Area Planning Board, also with the Pollution Control Department in Tallahassee where the regional idea originated, but that they have not been able to have the 'question resolved from a legal standpoint. The City Manager said that in a conversation with the Director of the Area Planning Board it was pointed out that Delray Beach has been designated as the Governmental Agency for Service Area 5, which extends to the turnpike. There is also a sub-agency designated. As the Agency, De!ray Beach is responsi- ble for two things on sewers - the treatment of sewage and disposal of effluent - but is not responsible for e~tending sewage collection lines to users outside the City nor for transmitting the sewage, if collected, to the City's sewage treatment plant. That is the responsi- bility of the sub-agency. The City Manager said he then asked exactly what areas the Area Planning Board and the Florida Pollution Control Board intended to designate the County the sub-agency Of, and if these areas include all. of the County's unincorporated areas. He said that Mr. Brutt, Chairman of the Area Planning Board, had told him, and later followed with a letter and sketch, that the County had been - 9 - 6-26-72 designated as sub-agency for three large developments that are projected to the west - Kings Point, Oriole, and Villa Delr~y - meaning that the County is not the sub-agency for the specific area in question. The City [~[anager sai,~ he thought there would need to be further refinements of the actions taken by the Area Planning Board and State Pollution Control Boa~.~d to make sure that there is a sub-agency to serve all areas, which is apparently not the case at the present time. The City Manager said it seems there would be no question that Delray Beach is not responsible for the collection of sewage at this location or for transmitting that sewage to the plant. Mrs. Martin moved to sustain the recommendation of the Planning and Zoning Board, the motion being seconded by Mr. Saunders. On roll call, Mrs. Martin, Mr. Saunders, Mr. Weekes and Mayor Schei- fley were in favor of the motion with Mr. Youngblood opposed. 10.a. 1. The City Manager presented RESOLUTION NO. 32-72. A RESOLUTION OF THE CITY COUI~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA TO PROVIDE IN ITS 1973-74 FISCAL YEAR BUDGET THE SUM OF $500,000 TO BE USED AS THE STATE CONTRIBUTION TOWARD THE CONSTRUCTION COST OF THE DELRAY BEACH RESTORATION AND PRESERVATION PROGRAM. (Copy of Resolution No. 32-72 is attached to the official copy of these minutes.) The City Manager said this resolution, concerning beach restoration, gives the history of the problem in Delray Beach, and some of the things that have been done in an attempt to combat that problem, and requests for provision of state funds toward the cost of the Beach Restoration and Preservation Program. The City Manager said he is to make a presentation to the Department of Natural Resources when it meets on June 29th to plan the expenditure and allocation of budget funds for the coming year. He said he feels this resolution w~l! be very helpful in making the City's request. Resolution No. 32-72 was unanimously passed, on motion by Mr. Saunders, seconded by Mr. Youngblood. Mayor Scheifley reported that the State is cooperating very well in the Beach Restoration Program, as well as the Federal Govern- ment and the Corps of Engineers. He said there had not been much success for county cooperation thus far, the latest opinion from its legal counsel said that the County could not participate in the City's program. However, State Attorney General Robert L. Shevin has over- ruled that and said that the County could participate. The Mayor announced that the City will make a presentation on June 27th' at the County Commission meeting requesting that they participate in the Beach Restoration Program. 10oa. 2. The City Manager informed Council that Sherman Williams American Legion Post 188, located at 800 N.W. 2nd Street on land owned by the City but on long term lease to that organization, has made application for a club liquor license~ They have had a beer license since 1953. Since the State has taken over the issuance of liquor licenses it is not necessary for the City to act in that regard, but it is necessary for the City to extend the liquor zone to incor- porate that location before the State can act on their request. - 10 - 6-26-72 115 The City Manager presented ORDINAiqCE NO. 15-72. AN ORDINA~CE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-5 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH~ FLORIDA~ TO PROVIDE FOR THE SALE OF LIQUOR IN LOTS 23 AND 24, BLOCK B, WEST SIDE HEIGHTS, OF THE CiTY OF DELRAY BEACH, FLORIDA. Ordinance No. 15-72 was unanimously placed on first reading, on motion by Mr. Youngblood, seconded by Mr. Weekes. 10.a. 3. The City Manager informed Council that he is in receipt of a letter from Arthur V. Strock and Associates on behalf of a client, John Walker, requesting that Section 29 of the City's Code of Ordin- ances be amended to include golf courses as a conditional use in all residential zoning districts in the City. He recommended that this request be referred to the Planning and Zoning Board for study and recommendation. It was so moved by Mr. Weekes, seconded by Mr. Schei- fley, and unanimously passed. 10.a. 4. Mrs. Martin reported that she had received two calls prior to the Council Meeting, regarding heavy equipment moving through the Rainbow Homes area rather than by Linton Boulevard to new construction and that most of the streets have been barricaded. She asked if the City Manager would check into this item. 10.a. 5. Mr. William C. Balloon, 418 S.W. 5th Avenue, said that he would like to register a grievance with the Council concerning a phase of construction of his home. He went into detail about the release of the building permit and electrical permits, and letters concerning same, and the inconvenience and cost that has resulted. He asked that the City revoke the license of Mr. Alfred Bostwick, an electrical contractor, until Mr. Bostwick has repaid in full, $250.00 plus interest, that he had demanded and been paid by Arthur Lee Jones, another contractor on the job, before the electrical permit was released. The City M~nager reported that he had conversation with Mr'. Balloon and with the Building Inspection personnel concerning this problem several months ago at which time the city requirements in getting this difficulty resolved had been explained. The City Manager said that he was not aware until now that things had not been satisfactorily reso].ved. Mr. Balloon was advised to contact the City Manager for further consideration of this complaint. 10.b. The following BILLS FOR APPROVAL were unanimously approved for payment on motion by Mrs. Martin and seconded by Mr. Weekes: General Fund $ 351,491.33 Water Revenue Fund 91,283.88 Special Assessment Fund 5,000.00 Refundable Deposits Fund 6,953.94 Cigarette Tax Fund 25.00 Capital Improvements 50,000.00 Construction Trust Fund Beach Restoration Fund 35,000.00 The meeting adjourned at 10:15 P.M. HALLIE E. YATES APPRO>.RO~~~/~~- ~ City Clerk / / M ~ '~'; ~' ~'/ '" 11 - 6-26-72 116- RESOLUTIGN NO. 29-72. A RESOLUTION OF THE CITY COUNCIL OF TI-.%E CITY OF DELt~Y BEACH, FLORIDA~ AUTHORIZING THE CITY ~rLA_NAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINAGE AS SHOW~N ON PI~r~,~S ~h%RKED "STORM DP~INAGE - SOUTH~,%rEST AREA, PROJECT NO. 5964-9a", TOGETHER WITH INSTALLATION OF INLETS, MAN-HOLES AND ALI. NECESSARY APPURTENANCES iN CONJUNCTION WITH SUCH STORM DRAINS. WHEREAS, the City Council of the City of Delray Eeach, Florida, did, on the 12th day of June, 1972, by Resolution No. 27-72, determine to proceed with the construction of storm drainage together with installation of inlets, man-holes and all necessary appurtenances in conjunction with such stoz~n drainage as shown on plans marked "Storm Drainage - Southwest Area, Project No. 5964-9a"; and, WHEREAS, Resolution No. 27-72 has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on June 26, 1972; and, WHEREAS, no sufficient objections have been made to such proposed improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the construction of storm drainage as shown on plans marked "Storm Drainage - Southwest Area, Project No. 5964-9a", together with installation of inlets, man- holes and all necessary appurtenances in conjunction with such storm drains, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the Office · of the City Manager and kept open for inspection of the public. PASSED in regular session on this the 26th day of June, A.D. 1972. ATTEST: 1 t6-B RESOLUTION NO. 30-72. A RESOLUTION OF THE CIY~ COUNCIL OF THE CI~f OF DELRAY BEgCH AWARDING $280,000.00 CIGARETTE TAX BONDS, SERIES 1972, OF ~{E CI%~I OF DELRAY BEA~{, FLORIDA. WHEREAS, the City Council did on June 8, 1972, at a Special Meeting called by the Mayor pursuant to Section 20 of the City Charter, pass Resolution No. 28-72 authorizing the acquisition of water and sewer facilities from Ecological Utilities, Inc., as an addition to the water and sewer system of the City of Delray Beach, Florida; authorizing the'issuance of $280,000.00 Cigarette Tax Bonds, Series. 1972, to finance the cost thereof; and providing for the rights of the holders of said bonds; and, WHEREAS, offers of purchase have been received from the First National Bank of Delray Beach and the Delray Beach National Bank'wherein each bank desires to purchase One Hundred Forty Thousand Dollars ($140,000.00) of the Two Hundred Eighty Thousand Dollars ($280,000.00) Bond issue offering to pay the sum of One Hundred Forty ~ousand Dollars ($140,000.00), together with accrued interest from June 15, 1972, to the date of delivery thereof for said bonds, bearing interest at the rate of four per' centum (4%) per annum on the bonds maturing in the years 1973 through 1976; and, WHEREAS, the City Council of the City of Delray Beach deems it to be in the best interests of the City to accept the banks' proposals; NOW, THEREFORE, BE IT'RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: Section 1. That the proposals of the First National Bank of Delray Beach and the Delray Beach National Bank referred to in the preambles hereof be, and the same are, hereby accepted and the following described bonds of the City be and they are hereby awarded and sold to said purchasers at the price and in accordance with the proposal of said purchasers. (a) To the First National Bank of Delray Beach: $140,000.00 - Cigarette Tax Bonds, Series ~1972,. dated June 15, 1972, in the denominations of~ $35,000.00 each, bearing interest at the rates per annum (payable June 15th of each year) and maturing on June 15th in the years and amounts as follows: Year Amount .Rate 1973 $35,000.00 4% 1974 $35,000.00 4% 1975 $35~000.00 4% 1976 $35,000.00 4% -1- 1 16-C Resolution No. 30-72. Page 2. (b) To the Delray Beach National Bank: $140,000.00 - Cigarette Tsx Bonds, Series 1972, dated June 15, 1972, in the denominations of $35,000.00 each, bearing interest at the rates per annum (payable June 15th of each year) and ~naturing on June ].5th in the years and amounts _ as follows: Year Amount Rate 1973 $35,000.00 47g '1974 $35,000.00 4% 1975 $35,000.00 4% 1976 $35,000.00 4% Section 2. That the proper officers of the city be and they are hereby authorized and directed to execute said Bonds when prepared and to deliver the same to said purchasers upon payment of the purchase price in accordance with the conditions stated in said Resolution No. 28-72, without further authority from this Council. Section 3. This Resolution shall-take effect immediately. PASSED ~ ADOPTED by the City Council of Delray Beach on this the 26th day of June, 1972. ATTEST: City Cle r~ F~SOLUT~ON NO. 31-72. A RESOLUTION OF THE CITY OF DEI,P~AY BEACH, FLORIDA, PROVIDING FOR COMPLiANCE WI~ CERTAIN RE, QU!REbHENTS UNDER THE 1972 FLORIDA REVENUE SHA!~ING ACT. WHEREAS, the City of Delray Beach, Florida~ desires to participate in and receive from the State of Florida, at the earliest possible time, all funds which the City of Delray Beach is entitled to receive under the 1972 Florida Revenue Sharing Act, Senate Bill 2-F, as said Act may from time to time be amended;' and, WHEREAS, in order to qualify for said revenue sharing funds during the 1972-1973 fiscal year, the City of Delray Beach is required to complete and return to the Florida Department of Revenue on or before June l, 1972, a Report Form of pertinent data including certification that, (.a) Ail police officers, as defined by Section 23.061(1), Florida Statutes, employed by the City of Delray Beach, meet the qualifications for employment as established by the Police Standards Council of the State of Florida; and, (b) No law enforcement officer employed by the City of Delray Beach is compensated for his services at an annual salary rate of less than $6,000.00; and, (c) The salary structure and salary plans of the City of Delray Beach for law enforcement officers will meet the provisions of Part IV of Chapter 23, Florida Statutes, 1972; and, WHEREAS, upon due investigation, the City Council of the City of Delray Beach has determined that all police officers employed by the City do meet the qualifications for employment established by the Police Standards Council, and that no law enforcement officer employed by the City of Delray Beach is compensated for his services at an annual salary rate of less than $6,000.00, and the City Council of the City of Delray Beach, desires to hereby evidence by this Resolution said City's compli- ance with the provisions of Paragraphs (a) and (b) above, and to hereby adopt the qualifying measures set forth in Paragraph (c) above; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~IE CITY OF DELRA¥ BEACH, FLORIDA, as follows: SECTION 1. QUALIFICATIONS OF POLICE OFFICERS. The Delray Beach City Council has duly investigated the qualifications of each law enforcement officer presently employed by the City of Delray Beach, and has determined that all such law enforcement officers do meet the qualifications for employment established by the Police Standards Council of the State of Florida; and all law enforcement officers hereafter employed by the City of Delray Beach shall, prior to employment, be required to show that they meet said qualifications for employment. -1- SECTION' 2. MIN!i'::U}.[ SALAPbf FOR POLICE OFFICERS. No law enforcement offJ. cer empioye,'_l by the City of Delray Beach, Florida, is compensated for his services at an annual salary rate of less than $6,000.00. SECTION 3. SALARY INCENTI\~ The salary incentive benefits authorized hereby shall be payable in accordance with the rules and regulations established by the Bureau of Police Standards through its Board in cooperation with the Department of Community Affairs. SECTION 4. SUBMISSION OF REPORTS. The City of Delray Beach shall submit reports to the Police Standards Council on December 31, March 31, June 30 and September 30, of each year containing information relative to compensation of law enforcement'officers employed by it, and such other information as the Council may require. SECTION 5. EFFECTIVE DATE. Except as herein o%herwise specifically indicated, all provisions of this Resolution shall be and become effective immediately upon its adoption hereof. ADOPTED at a regular meeting of ~e City Council of the City of De!ray Beach, Florida, this 26~h day of June, 1972. ATTEST: -2- Res. 31-72. RESOLUTION NO. 32-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE STATE OF FLORIDA TO PROVIDE IN ITS 1973-74 FISCAL YEAR BUDGET THE SUM OF $500,000 TO BE USED AS THE STATE CONTRI- BUTION TOWARD THE CONSTRUCTION COST OF THE DELRAY BEACH RESTORATION AND PRESERVATION PROGRAM. WHEREAS, virtually the entire cost of beach erosion control, the acquisition of beach front land, the beach main- tenance and servicing cost in Delray Beach has heretofore been borne by the citizens and taxpayers of Delray Beach; and WHEREAS, the City of Delray Beach has undertaken beach restoration and preservation program; and WHEREAS, the City of Delray Beach has spent in excess of $1,000,000 in the last six years for beach erosion control purposes; and WHEREAS, the City of Delray Beach has purchased an additional 400 feet of ocean-front property for public bath- ing beach purposes at a cost of $400,000; and WHEREAS, the City of Delray Beach spends approximate- ly $100,000 annually to pay the salaries of life guards and other expenses necessary for the maintenance and servicing of .a public recreational.beach; and WHEREAS, the beach described in this resolution is available without restriction or charge to all Palm Beach County and State of Florida residents and visitors and restora- tion and preservation of same will cost an estimated $2,000,000; and WHEREAS, the voters of Delray Beach, at an election held on March 14, ].972, approved by a majority of 2,490 to 1,469 the passage of a $2,000,000 general obligation bond issue to provide funds for the initial financing of the beach restora- tion and preservation project; and WHEREAS, it has been and is the City's intention to design and build the project in conformity with requirements leading to eligibility for receipt of all eligible Federal and State matching funds; and WHEREAS, plans and specifications and other documents in connection with this project are now being processed by the State of Florida and Federal Government Agencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Resolution No. 32-72, Page 2 ~I'hat the city Council, by unanimous vote, respect- fully requests the State of Plorida to provide in its Budget for the 1973-74 fiscal year the sum of $500~000 to be used as the State contribution toward the construction cost of the De!ray Beach beach restoration and preservation program. Passed and adopted this 26th da~_~ of June, 1972. ATTEST: City