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10-09-72 OCTOBER 9~ 1972. A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order in the Council Chambers at the City tIall, on Monday, October 9, 1972, at 7:30 P.M., by Mayor James H. Scheifley, with City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and CounciI Members Grace S. Martin, Jo L. Saunders, Leon M. Weekes, and O. F. Youngblood present. 1. The opening prayer was delivered by Reverend Frederic F. Bush of the St. Paul's Episcopal Church, Delray Beach, Florida. ~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 September 25, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Saunders. 4.a. In answer to Mrs. Martin's inquiry, the City Manager reported that he had not received a report from the Planning and Zoning Board on the proposed changes on commercial property on West Atlantic Avenue or on a specific light industrial area. 4.b. Mr. Saunders reported that the traffic flow surrounding the Post Office Shopping Center had been changed, that it would take time for the public to become accustomed to the change, but it definitely would be a big improvement. X. Mr. Weekes welcomed Mayor Scheifley back from his vacation, which had caused his absence from the last regular Council meeting. He expressed his wishes that the.vacation time had been a very happy one for Mayor Scheifley. 4.c. Mayor Scheifley requDsted Mr. Donald Bolton, Secretary of the Delray Beach Jaycees, to come forward to the Council Table. He presented Mr. Bolton with a Proclamation dated October 9, 1972, proclaiming Tuesday, October 31, 1972, as "Trick-or-Treat Day", and to promote the Halloween Safety Program in the City of Delray Beach, Florida. 5.a. Mr. Robert Grauch, 154 Gle~son Street, Delray Beach, Florida, stated that he agreed with Mr. Saunders' comments regard- ing the improvements at the Post Office Shopping Center. In answer to Mr. Grauch's question, Mr. Saunders informed him that two (2) snorkel-type mail boxes were on order and would be placed at locations convenient for use by motorists. Mr. Grauch asked Council not to wait for Federal aid on the sewer problem but to take immediate action on same. The City Manager explained the recent financial developments in connection with the Water and Sewer Treatment Plant and stated that there would be no delay for that reason. X. Mayor Scheifley announced that Mr. Arnold Ramos, District Engineer, Department of Transportation, planned to have a meeting regarding replacement housing for the disp]acees in connection with t{ighway 1-95 on ~%ursday, October 12, 1972, at 7:30 P.M., Delray Beach City Hall, and invited Council Members to attend. -1- 5.b. Mr. Richard Jones, 555 S.E. 6 Avenue, Delray Beach, asked for a briefing on thc beach erosion situation. Mayor Scheifley proceeded to explain the details regarding the present status and recent developments in connection with the beach program. Councilman Weekes stated that it had been reported in the newspapers and on television that the draft copy of the Envi- ronmental Impact Study had been completed and his understanding was that a draft copy was in transit to the City of Delray Beach for Council's comments. When the comments were returned to the Committee that ma~e up the Environmental Impact Study, it would then be put into final form. 6.a. Mayor Scheifley presented a Proclamation dated October 9, 1972, to Mr. Paul Zakas, who represented Professor Jack Vincent, Political Science Department, Florida Atlantic University, Chairman of the United Nations Day Committee. Said Proclamation declared Tuesday, October 24, 1972, as United Nations Day in the City of Delray Beach, Florida. Mr. Zakas explained the purposes of his group and stated that they were available to talk to any organiza- tion regarding the United Nations. 6.b. Concerning a survey of parcels of land in violation of the City Nuisance Laws, the City Manager recommended that Council authorize the City Clerk to provide for the abatement of the nui- sances in question, in compliance with Chapter 15 of the City's Code of Ordinances. Mr. Youngblood so moved, seconded by Mr. Saunders, and the motion was unanimously carried. (Copy of the Nuisance List is attached to the official copy of these minutes.) 6.c. City Manager Mariott recommended that Council authorize by motion the filing of an application and the taking of any other indicated actions relative thereto regarding the City's request of the Florida Department of Pollution Control to issue a Temporary Operating Permit for continuance of the operation of the City's sewage treatment plant until such time as the planned new sewage treatment plant has been constructed and is in operation. Mr. Saunders made a motion to that effect, seconded by Mr. Youngblood, and unanimously carried. 6.d. The City Manager recommended that Council authorize by motion the submission of the following items to be advertised for sale under City law: 1 - Model 70 'Honda Motorcycle. 7 - boys' bicycles. 5 - girls' bicycles. 1 - 1966 Buick Station Wagon 1 - 1967 Woodson Boat, with motor and trailer. Mrs. Martin made a motion that the City Clerk be author- ized to advertise for sale the surplus City equipment and property as listed above, said motion being seconded by Mr. Youngblood, and unanimously carried. 6.e. City Manager Mariott reported that a number of residents of Delray Beach Highlands Subdivision, also known as Rainbow !Iomes, recently have sought variances to setback requirements from the Board of Adjustments. Since it will be necessary for the seeking of --2-- 10-9-72 similar variances under the terms of the new zoning ordinance, Mr. Mariott recommended that this matter be referred to the Planning and ZonJ. ng Board for opinion and recommend~tion. Mr. Saunders made a motion to that effect, seconded by Mrs. Martin, and passed unan- imously. 7.a. The City Manager reported he had received a petition from Mr. William G. James, ¢tated October 4, 1972, requesting annexation of Lot 15, 2nd Addition to High Acres, 1725 Lake Drive, subject to R-1AA zoning, for the purpose of building a single family residence thereon. Mr. Mariott recommended that Council authorize the drafting of an ordinance effecting the annexation for considera- tion by Council at its next meeting. Mrs. Martin made a motion to that effect, seconded by Mr. Weekes, and unanimously carried. 7.b. The City Manager informed Council that he had received a petition from Mrs. J. H. Shellenberger, dated October 2, 1972, requesting annexation of Lot 52, Delray Beach Shores Subdivision, 1005 Brooks Lane, subject to R-1AA zoning, for the purpose of building a single family residence thereon. Mr. Mariott recommend- ed that Council authorize the drafting of an ordinance effecting the annexation for consideration by Council at its next meeting. Mr. Youngblood made a motion to that effect, seconded by Mr. Saunders, and unanimously carried. 7'c. The City Manager stated that he had received a petition from Mr. Alan G. Dunbar, dated October 3, 1972, requesting annexa- tion of Lot 13, Lake Shore Estates, 2012 N. W. 4 Avenue, subject to R-1AA zoning, for the purpose of constructing a single family residence thereon. Mr. Mariott recommended that Council authorize the drafting of an ordinance effecting the annexation for considera- tion by Council at its next meeting. Mrs. Martin made a motion to that effect, seconded by Mr. Weekes, and passed unanimously. 7.d. City Manager Mariott reported that a request for a veteran's exemption on an occupational license, due to disability, had been received from Mr. W. Morgan Bryant, for operation of Bryan%'s Appliance Service, 82 S. E. 4 Avenue. Mr. Bryant had furnished satisfactory evidenc~ which entitles him to a veteran's exemption, under Section 16-4 of the City Code and Section 205~171 of the Florida Statutes. Mr. Mariott recommended Council's approval of this request. Mrs. Martin moved to grant the request of Mr. Bryant. The motion was seconded by Mr. Saunders, and unanimously passed. 7,e. The City Manager stated that an application for a gratis license due to age had been received from Mr. Daniel F. Schneider, 612 East Atlantic Avenue, to work as a real estate salesman. Mr. Schneider had furnished satisfactory proof of his age - 85 years - as required under Section 16-4 of the City Code and Section 205.162 of the Florida Statutes. Mr. Mariott recon%mended approval of this request. Mr. Youngblood made a motion to that effect, seconded by Mr. Saunders, and passed unanimously. 7.f. City Manager Mariott reported that a letter dated October 3, 1972, had been received from John's Beach Service re- questing that the City reduce its business license fee for the 1972-1973 fiscal year to $1,000.00. The normal fee for this business has been $4,000.00 per year, which was cut to $3,000.00 in 1970-1971 and to $2,000.00 in 1971-1972. The reason given for the request was that the eroded condition of the beach had seriously reduced the amount of revenue that could be realized from the opera tion of the business. Mr. Mariott stated 'that if the beach erosion -3- 10-9-72. control program goes as planned, th~ $4,000.00 fee would again be required by the City, and he recommended approval of the request. Mr. Saunders so 'moved, seccnded by Mr. Youngblood, and carried unanimously. 7_._g_~ City Manager Mariott reported that a letter had been received from the Florida Power & Light Company, dated September 14, 1972, requesting an easement for the installation and maintenance of underground street lighting in front of the City Hall and the Civic Center, inasmuch as a portion of the underground wiring is on City property. Upon the City Manager's recommendation, Mr. Weekes made a motion that the City of Delray Beach grant the requested easement to the Florida Power & Light Company, seconded by Mrs. Martin, and passed unanimously. 7.h. The City Manager stated that a request had been received by the City dated September 6, 1972, from Mr. Alfons Bach, for sanitary sewer service for property located on the North side of N. E. 8 Street on the Intracoastal Waterway, outside of the City's limits. Mr. Mariott reported that because of the fact the State had imposed a moratorium on any sewer connections, and it was imposed after the receipt by the City of this application and the preliminary drafting of the Agenda for this meeting, he recommended that this Item be postponed to another date. Council so agreed. 7.i. The City Manager advised Council that a request had been received for the Transfer of Certificates of Public Convenience and Necessity from Mr. Raymond Blakely to Mr. Arthur C. Quince, Jr., 501 West Atlantic Avenue, for the operation of two (2) taxicabs, presently being operated by Mr. Blakely under'the name of Safety Cab Company. Mr. Young~lood made a motion that the requested Transfer of Certificates of Public Convenience and Necessity be granted, seconded by Mr. Saunders, said motion being unanimously approved. 8.a. The City Manager presented ORDINANCE NO. 29-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. He reported that ORDINANCE NO. 29-72 had been placed on first reading at a meeting held on August 28, 1972, and a public hearing on same was held on September 11, 1972. Following said public hearing, the Ordinance was tabled until October 9, 1972. At a workshop meeting held for further consideration of ORDINANCE NO. 29-72 and attended by Council and the applicant, Mr. Melvin I. Muroff, regarding Tract 1, it was agreed that in place of a 100-foot strip East along Davis Road being annexed, subject to R-1AAB zoning with the remainder of the property being zoned RM-2, that a 125-foot strip East along Davis Road be annexed, subject to R-1AAA zoning; also a binding stipulation be added that an additional 175-foot strip be restricted to landscaping only and that no structures be constructed thereon. The balance of the 210.47 acres would be zoned R>~-2. It was further agreed that Tract 2 containing 1.85 acres with a C-3 zoning classification not be annexed. -4- 10-9-72. On the advice of the City Attorney, Council introduced ORDINANCE ~0. 29-72 for consideration and passage on its second and final reading, lie suggested that passaqe of ORDINANCE NO. 29-72 be defeated and that ORDINANCE NO. 35-72 annexing the 210.47 acre tract of land, subject 'to the new conditions, be introduced and placed on first reading. Mr. Saunders made a motion that ORDINANCE NO. 29-72 be passed on this second and final reading, seconded by Mr. Weekes. Upon roll call, the motion was unanimously de fe ated. The City Manager presented ORDINANCE NO. 35-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. Mayor Scheifley asked the City Attorney if ORDINANCE NO. 35-72 incorporated all of the provisions that were agreed upon at the workshop meeting; for instance, increasing the buffer zone, providing for the landscaping area, and eliminating Tract 2. The City Attorney stated that it does not provide for the 175 feet restricted to landscaping as there is nothing to cover this situa- tion in the City's Code of Ordinances. The 175 feet would have to be covered by a recordable instrument which would be received by the City between the first and sec6nd readings of the Ordinance. ORDINANCE NO. 35-72 was unanimously placed on first reading, on motion by Mr. Saunders, and seconded by Mr. Youngblood. Mr. John H. Adams, Attorney, asked Council if the City was satisfied with the dedication of'Davis Road. In response to Mr. Adams' question, Mr. Melvin Muroff, 2221 N. E. 201 Street, Miami, Florida, expressed his regrets in not getting the information to the parties concerned in advance of this meeting. He stated that he had written Mr. Adams as oS this meeting date about the western 40 feet of the 210 feet that he had been concerned with in the past. Mr. Muroff stated that there is of record an 80-foot right- of-way for Davis Road, North of Lake Ida Road, a deed for the East 40 feet of which was recorded in Official Records Book 370, Page 59t,-. of the Public Records of Palm Beach County, by his predecessors in title, Mr. and Mrs. Daniel A. Udell. The West 40 feet was from Enterprise, Inc., recorded in Official Records Book 370, Page 593, and Mr. and Mrs. Jack Dorson, recorded in Official Records Book 533 at Page 102. Mr. Muroff stated that a stipulation on the 175 feet of landscape property is not included in ORDINANCE NO. 35-72 but it will be provided for by an agreement. 8.b. The City Manager presented ORDINANCE NO. 34-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO UTILITY SERVICES TAX; DECLARING THE DIS- TRIBUTION OF FUEL OIL IN THE CITY OF DELRAY BEACH TO BE COMPETITIVE WITH THE UTILITY SERVICES NOW TAXED; DECLARING THE DISTRIBUTION OF CABLE TELEVISION SERVICE 'IN THE CITY OF DELRAY BEACH TO BE COMPETITIVE WITH TttE UTILITY SERVICES NOW TAXED; AMERrDING ARTICLE I, CHAPTER 24, OF THE CODE OF ORDINANCES BY LEVYING A UTILITY SERVICES TAX ON TIlE DISTRIBUTION OF FUEL OIL AND OF CABLE TELEVISION SERVICE IN THE CITY OF DELRAY BEACH; AND PROVIDING A SEPARABILITY CLAUSE. -5- 10-9-72. Mr. Mariott recommended that ORDINANCE NO. 34-72, which provides for a utility tax on fuel oil and cable television service at tile same rates and cn the same basis as ts×es are presently levied on other utilities, be passed on f~.rst reading. Following a general discussion, Mr. Sa'unders requested that a list of pertinent questions and suggestions concerning this Ordinance be ready for an upcoming workshop meeting. O~DINANCE NO. 34-72 was unanimously placed on first reading, on motion of Mr. Weekes, seconded by Mr.~ Saunders. 9.a. City Manager Mariott reported that the Planning and Zoning Board, at its meeting held on September 26, 1972, voted unanimously (with Mr. Jacobson absenting himself from the meeting) to recommend that Council approve the issuance of a building permit for the construction of an office building at 65-75 S. E. 4 Avenue, on Lot 11, less the West 8'2" and less the North 3.63', Block 101, in a C-1 zone, under the terms of ORDINANCE NO. 16-72. The applicant is Mr. John H. Adams. Mr. Saunders made a motion to sustain the recommendation of the Planning and Zoning Board and approve the issuance of the above described building permit, sedonded by Mrs. Martin, and carried unanimously. 9.b. The City Manager reported that the Planning and Zoning Board, at its meeting held on September 26, 1972, by unanimous vote, recon~nended that Council approve the issuance of a building permit under terms of ORDINANCE NO. 16-72 for the construction of an office building at the Southeast corner of S. E. 1 Avenue and Atlantic Avenue on Lots 1, 2 and 3, Block 77, in a C-1 zone. The applicant is Mr. Granger McDaniel. The building permit, as above described, was unanimously approved, as recommended, on motion by Mrs. Martin, and seconded by Mr. Youngblood. 9.¢. The City Manager stated that the Planning and Zoning Board, at its meeting held on September 26, 1972, by unanimous vote (with Mr. Simon absenting himself), recommended that Council approve the issuance of a building permit under terms of ORDINANCE NO. 16-72 for construction of an office building at the Northwest corner of N. E. 5 Avenue and 1.st Street, Lots 10 and 12 and South 181.4' of the East Half of Bl~ck 99, Delray Beach, in a C-2 zone. The~ applicant is Mr. Kinkead. On motion of Mr. Saunders, seconded by Mr. Weekes, and unanimously carried, the above described building permit was approved. 9.d. City Manager Mariott reported that the Planning and Zoning Board, at its meeting held on October 2, 1972, by unanimous vote, recommended that Council approve the issuance of a building permit under the terms of ORDINANCE NO. 16-72 for the construction of seven triplex buildings on Lots 246 through 252, Tropic Palms. The applicant is Mr. Frank Todino. Mr. Saunders made a motion, seconded by Mr. Youngblood, and unanimously carried, that the above described building permit be approved. 9.e. City Manager Mariott stated that the Planning and Zoning Board, at its meeting held on October 2, 1972, by a vote of three in favor with one abstention, recommended to City Council that it approve the issuance of a building permit under the terms of ORDINANCE NO. 16-72 for the construction of a car wash facility on Block 15, Del-Raton Park, South of and adjacent to the Jack Nicklaus Pontiac Agency property. The applicant is Mr. Jack Nicklaus. On motion of Mrs. Martin, seconded by Mr. Saunders, and unanimously carried, the above described building permit was approved. -6- 10-9-72. 187 9.f. The City Manager reported that the Planning and Zoning Board, at its meeting held on September 12, 1972, by unanimous vote, recommended that Council approve the issuance of a building permit under ORDINANCE NO. i~-72 for the construction of an office- store building on Lots 1 through 6, Block 116, Town of Delray. This property is located at 85 N. E. 6 Avenue. On motion of Mr. Youngblood, seconded by Mr. Saunders, and unanimously carried, the above described building permit was approved. 10.a. The following BILLS FOR APPROVAL were unanimously approved for payment on motion by Mr. Saunders, and seconded by Mr. Youngblood: General Fund $472,529.14 Water Revenue Fund $302,784.90 Special Assessment Fund $ 145.00 Utilities Tax Revenue Fund $ 33,940.00 Refundable Deposits Fund $ 1,481.00 Cemetery Perpetual Care Fund $ 1,413.61 Citizens' Contribution Trust Fund $ 165.00 Cigarette Tax Fund $ 77,817.72 Sinking Fund, Cigarette Tax Bonds, Series 1965 $ 36,000.00 Capital Improvements Construction Trust Fund $ 86,993.67 10.bol. The City Manager recommended that Council authorize that the next regular Council meeting date be changed from October 23, 1972, Veterans' Day Holiday, to October 24, 1972. Mrs. Martin so moved, seconded by Mr. Saunders, and motion was unanimously passed. 10.b.2. City Manager Mariott informed Council that the next workshop meeting date is scheduled for October 16, 1972, at 7 P.M. 10.b.3. The City Manager reported on the recent developments regarding the South West Drainage Project. He suggested that a ground breaking ceremony be held on October 16, 1972, at 12:15 P.M., at S. W. 2 Street and S. W. 8 Avenue. Mr. Saunders requested Mayor Scheifley to ask the City Clerk to look into the past records to obtain all of the names of Councilmen who have participated in the South West Drainage Project from the date it was first initiated to the date of its present status, in order that all of them may be invited to attend the ceremony. Mayor Scheifley expressed his full agreement with City Manager Mariott's and Mr. Saunders' suggestions, and asked the City Manager to make the arrangements for the occasion. 10.b.4. City Manager Mariott reported that the City had ~ecently received its copy of the Notice and Order from the Pollution Control Department with regard to the action taken by the Pollution Control Board that placed a moratorium on sewer connections. Among other things, the Order provided a time limit within which notification must be given if an agency, such as Delray Beach, that is under citation, requests a public hearing or wants to appeal any part of the Notice and Order. Inasmuch as the twenty (20) days limitation that is specified in the Notice dated October 3, 1972, will expire on October 23, 1972, and this date would be near the time of the next Council meeting, the City Attorney and City Manager suggested that Council consider authorizing the proper submission of pleadings to the Department of Pollution Control. In the event this procedure would be required, it will already have been on record, and Council would then be able to proceed in a legal fashion in presenting its case. -7- 10-9-72. 188 Mr. Mariott recommended that Council consider passing a motion that the proper Delray Beach City officials be authorized to file a responsive pleading and/or request for ~ public hearing before the Department of Pollution Control~ pursuant to the provisions of the Notice of Violation, dated October 3, 1972, issued by that agency to the City of Delray Beach. Mr. Weekes made a motion to that effect, seconded by Mr. Saunders, and unanimously carried. 10.b.5. It was reported by the City Manager that the following bids had been received and opened by the City on October 3, 1972, for installation of two (2) six-inch water lines, one at 1023 N. Federal Highway extending northward a distance of 480 feet, con- necting to an existing water line at that point, and the other one being along Palm Trail between N. E. 4 Street and N. Eo 7 Street: Bidder Bid Lyons Construction Co. $17,460.25 Pompano Beach, Florida Underground Utility Construction Co. $18,915.75 West Palm Beach, Florida Gulfstream Construction $32,778.25 West Palm Beach, Florida Mr. Mariott explained that the money was to come from the Water Distribution System Account of the Water and Sewer Budget and recommended that Council authorize awarding the contract to the low bidder, Lyons Construction Co., in the amount of $17,460.25. Mrs. Martin made a motion to that effect, seconded by Mr. Saunders, and passed unanimously. 10.b.6. The City Manager explained the circumstances surrounding a plat for Lake Eden Subdivision; The property is located on Lake Eden and is adjacent to the western boundary of North Swinton Avenue. He stated that the plat was approved some time ago by the City Engineering Department and had been reviewed by each member of the Planning and Zoning Board, and receive~ each individual's approval but that Board had not made an official recommendation. Following a general discussion and also an explanation of the facts involved by Mr. Weekes, Mr. Saunders made a motion to approve the preliminary and final plats of Lake Eden Subdivision Plat No. 3, subject to the official approval by the Planning and Zoning Board, seconded by Mr. Weekes, and unanimously carried. 10.b.7. Upon Mr. Weekes' inquiry regarding cable television, a general discussion followed. The meeting adjourned at 8:50 P.M. HALLIE E. YATES City Clerk ~ M'A"Y O' 'R ' . ~ --8-- 10-9-72. PROPERTIES IN VIOLATION OF ORDI~L,JC~ NO G-147 AND SECTIONS 15-3 and 15~-4 OF THE CITY CODE. OWNER AND ADDRESS PROPERTY DESCRI?TION CITY CODE Alexine DeLancy East 93.34 feet of West 305 feet ].5-3 3801 Oak Avenue of South ].05 feet of North 130 & Miami, Florida 33133 feet of Lot 1, Section 20, Town- 15-4 ship 46 South, Range 43 East. (702 S. W. 4th Street) 2. Salvatore G. & Anne D'Amato Lot 176, Trop~.c Palms 15-3 17 N. E. llth Way Plat No. 1. & Deerfield Beach, Florida 33441 (637 Ibis Drive) 15-4 Violations 15-3 and 15-4 as concerns this report are as follows: 1. 15-3 - Debris, building materials, miscellaneous junk. 15-4 - High weeds. 2. 15-3 - Lot scattered with old building materials, and several tree stumps need to be removed in order that lot mowing crews can cut the high weeds. 15-4 - High weeds. Submitted to the City Council by the City Manager on this 9th day of October, 1972.