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03-22-71 MARCH 22, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S.-Martin., James H. Scheifley, Leon M. W.eekes and O. F. Youngblood being present. 1. An opening Prayer was delivered by Rev. Richard Lofsted. 2. The Pledge of Allegiance to the Fl. ag of the United States of America was given. 3. The minutes of the regular meeting of March 8, 1971, were unanimously approved on motion by Mrs. Martin and seconded by Mr. Weekes. 4. Mayor Saunders read a PROCLAMATION proclaiming Friday and Saturday, April 2 and 3, 1971, as BUDDY POPPY DAYS, for the purpose of collecting funds by the Veterans of Foreign Wars O'Neal-Priest Post No. 4141. 5. In behalf of the Lawn Bowling Instructor, Mr. Everett Palmatier, President of the Beach Property Owners' Association, inquired about hav- ing several benches, which are not often used, moved from along the Intra- coastal Waterway over to the Lawn Bowling Courts to be used by the Senior Citizens. This request was referred to the City Manager. 6.a. The City Manager reported that at the February 18th workshop meet- ing, Council discussed and informally agreed to authorize executio'n of an agreement between First Federal Savings and Loan Association of Miami; Dr. Frank Cusumano, the Developer; and the City of Delray Beach, for con- struction of a sanitary sewer collection system in Tropic Palms Subdivision at the following locations: (a) From the existing manhole at intersection of Brant Drive and Lindell Boulevard to the west right-of-way line of FEC railroad. (b) From the existing manhole at the intersection of Brant Drive and Blue Jay Road to the proposed manhole at the intersection of Brant Drive and Avocet Road. He reported, further, that terms in the proposed agreement are that contributions from the three parties involved, to cover cost of said instal- lation, would be: (a) First Federal - $10,000.00 (b) Developer - $25,000.00 (c) City - $62 ,.385.57 Total $97,385.57 Execution of the agreement between First Federal Savings and Loan Association of Miami, Dr. Frank Cusumano and the City of Delray Beach was unanimously authorized, on motion by Mr. Yo~ngblood and seconded by Mrs. Martin. (Copy of said Agreement. is attached to the official copy of these minutes. ) 6.b. City Manager Mariott reported that a public auction was held on Thurs- day, March 18th, for the sale of two parcels of City-owned land described as follows: -1- 3-22-71 PARCEL I A. South ½ of Southeast ¼ of Southeast ¼ of Southwest ¼, Sec- tion 17, Township 46 South, Range 43 East; less the North,, South,East,West .25 feet for road rights-of-way. B. West 1/8 of North ½ of Lot 1, Section 20, Township 46 South, Range 43 East, less the North and West 25 feet .for road r ights-o f-way. C. West 3/4 of South ~ of Lot 1, Section 20, Township 46 South, Range 43 East, less East 50 feet of West 687.93 feet, and Less the South'West and East 25 feet for road rights-of-way. This vacant land, with 894-foot frontage, more or less, on S. W. 6th Street and 894-foot frontage, more or less, on S. W. 8th Avenue and consisting of approximately 11.4 acres is zoned for single family use, with water and sewer facilities being available. PARCEL II The Southwest ¼ of Southeast'¼ of Northwest ¼ and East ½ of Southeast ¼ of Southwest ¼ of Northwest ¼ and East ~ of Northeast ¼ of Southwest ¼ of Northwest ¼ and West ~ of North- west ¼ of Southeast ¼ of Northwest ¼ of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida. This vacant land, which consists of 25 acres, more or less, is located adjacent to the Lake Worth Drainage District Lateral No. 33, 1/10 mile West of Sims Road and 2/10 miles North of SR 806 (Delray West Road) in Palm Beach County and carries a County zoning designation of A-1 (Agricultural). Concerning Parcel I, he reported that the high bid in the amount of $88,500., was submitted by Mr. Jack Mintzer, President of Irving Stuart, Inc., of Stuart, Florida. The high bid in the amount of $88,500., submitted by Mr. Jack Mintzer, President of Irving Stuart, Inc., of Stuart, Florida, was unanimously ac- cepted, on motion by Mr. Weekes and seconded by Mr. Youngblood. Regarding said sale of lands, th~ City Manager asked that Council pass a motion authorizing deposit of the proceeds of this sale in the Capital Improvement Trust Fund. It was so moved by Mr. ¥oungblood, sec- onded by Mr. Weekes and unanimously carried. Concerning Parcel II, he reported that the high bid in the amount of $40,500., was submitted by Mr. Wm. H. Yates of Yates Realty, Boynton Beach, Florida. After gene. ral discussion, Mr. Scheifley moved to reject the high bid in the amount of $40,500., submitted by Mr. Yates. The motion was second- ed by Mrs.. Martin and upon call of roll, Mrs. Martin, Mr. Scheifley, Mr. Weekes and Mayor Saunders voted in favor of the motion and Mr. Youngblood was opposed. (Copy of the City Clerk's Memorandum, dated March 19, 1971, and copy of the advertisement of sale are attached to the official copy of these minutes.) 6.c. The City Manager presented a letter dated February 12, 1971, from Glace & Radcliffe, Consulting Engineers, with an accompanying statement for professional services in connection with the litigation between the City and Dickerson, Inc., which statement, due to the increase in the cost of living, reflects a higher hourly rate than approved by Council at its May 13, 1968 meeting. He recommended approval of the proposed hour- ly rates as shown below: -2- 3-22-71 PRO POS ED PRES ENT ' per hour per hour Principal of Firm $14.93 $11.25 Staff Engineer 9.00 7.30 Designer 5.72 4.40 Draftsman 4.37 3.60 Clerical I 4.73 Clerical II 2.57 2.50 Mr. Scheifley moved that the proposed hourly rates be accepted, as recommended, the motion being seconded by Mr. Youngblood. Upon call. of roll, Mr. Scheifley, Mr. Weekes, Mr. Youngblood and Mayor Saunders-voted in favor of the motion and Mrs. Martin was opposed. (Copy of Glace & Radcliffe, Inc.'s letter, dated February 12, 1971, is attached to the of- ficial copy of these minutes.) 6.d. The City Manager reported that Russell & Axon, Consulting Engineers, has requested that Council consider approving a payroll multiplier from 1.75 to 2.0 for certain engineering work and that he recommends approval of same. Following a question by Mrs. Martin, the payroll multiplier was ex- plained by the City Manager. After general discussion, the payroll multiplier of 2.0 was unanimously approved for Russell & Axon for certain engineering work, on motion by Mr. Youngblood and seconded by Mr. Weekes. 6.e. The City Manager presented an Easement Deed obtained from Mr. & Mrs. Bernie I. Orr, granting to the city an easement over the East 6 feet of Lot 7, 'Block 14, Southridge Subdivision, and reported that said e~sement is needed for extension of a water line t© serve Fire Station No. 3, now under construction at 655 S. W. 12th Street. He recommended acceptance of the Easement Deed. Following general discussion, Mr. Scheifley moved that said Easement Deed be accepted from Mr. & Mrs. Bernie I. Orr. The motion was seconded by Mr. Youngblood and upon call of roll, Mrs. Martin, Mr. Scheifley, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mr. Weekes was opposed. In qualifying his vote, Mr. Weekes said that he believes a water line at that location may pose a problem to some future development of lands in that area. Mayor Saunders asked that a letter of thanks for the Easement Deed be sent to Mr. & Mrs. Orr. 6.f. Council was presented the following letter, dated March 17, 1971, from Mr. Roger Zona, U. S. Regional Director of Bati-Service of Florida: "I respectfully request that the Plat approval for Chatelaine subdivision be placed on the agenda of the regular City Council meeting of Monday, March 22, 1971. It is understood that this approval is subject to an agree- ment being made regarding the City of Delray Beach utilities to be provided the subdivision." The City Manager presented the Preliminary Plat of Chatelaine Sub- division and said it had not been presented prior to this time on account of a proposed agreement concerning water and sewer services to that sub- division. He said the Planning and Zoning Board has considered this mat- ter and approved the Preliminary Plat subject to the conditions that all lots must meet the R-lA minimum lot standards, and that sidewalks be provided on one side of all streets in the development. Following general discussion, Mr. Youngblood moved to sustain the recommendations of the Planning and Zoning Board that the Preliminary Plat of Chatelaine Subdivision be approved subject to all lots meeting the R-lA minimum lot standards and that sidewalks be provided on one side of all streets in the development o The motion was seconded by Mrs. Martin and carried unanimously. -3- 3-22-71 City Manager Mariott then presented the Final Plat of Chatelaine Subdivision and said that Mr. Zona has requested that tentative approval be given said Plat at this meeting. The City Planager said that if Council should determine to approve 'this Final Plat after looking at it and dis- cussing it, it should be subject to approval of the Planning and Zoning Board and the City Engineers' Department; further, if the City Attorney thinks it necessary for the protection of the City, approval should also be contingent upon the execution of the water a-nd sewer construction agreement satisfactory to both parties. Following discussion, Mrs. Martin moved that the Final Plat of Chatelaine Subdivision be referred to the Planning and Zoning Board, the motion being seconded by Mr. Scheifley and unanimously carried. .7.a. cOuncil acknowledged receipt of. the February 23 and March 3, 1971, Beautification Committee meeting minutes. 7.b. Council was informed that a request has been received from V. F. W. O'Neal-Priest Post No..4141 Auxiliary for use ~)f the Community Center gymnasium on April 25, 1971, between the hours of 8:30 A.M. and 4:30 P.M., for the purpose of holding a district meeting, and that the Director of Parks and Recreation having advised that such usage of the Center's facilities will not conflict with existing programming, it is recommended that said request be granted. Said request for use of the Community Center was unanimously grant- ed, on motion by Mr. Youngblood and seconded by Mr. Weekes. 7.c. City Manager Mariott informed Council that a request, has been re- ceived from the Seventh Day Adventist Church of Delray Beach for use of the Community Center auditorium on ~pril 6, 1971, at 8:00 P.M., for the purPOse of holding a concert, and since the Director of Parks and Recrea- tion has advised that such usage of th'e Center's facilities will ~ot con- flict with existing programming, it is recommended that said request be granted. Said request for use of the Community Center was unanimously grant- ed, on motion by Mr. Scheifley and seconded by Mr, Youngbtood. 7.d. Council was informed that an application has been received from Mr. Nick J. Favitta, doing~business under the name of Del-Sol Hotel at 40 South Ocean Boulevard for transfer of Liquor License No. 1205, now held by Mr. Robert Belden Burn, Sr., doing business as Monmouth Arms. Further, Mr. Favitta has been investigated in the prescribed manner by the Delray Beach Police Department and approved, and it is recommended that the ap-~ plication be approved. Said request for transfer of Liquor License No. 1205 was unanimously granted, on motion by Mr. ¥oungblood and seconded by Mr. Weekes' 7.e. The City Manager reported that a request has been received for an- nexation of Lot 18, Fir'st Addition to Kenmont, subject to RM-1 Multiple Family Dwelling'District Zoning; further, this property is not contiguOus to the City limits but could be made contiguous by street annexation. He recommended that this request be referred to the Planning and Zoning Board for study and recommendation. Said request for annexation was unanimously referred to the Planning and Zoning Board for study and recommendation, on motion by Mr. Scheifley and seconded by Mrs. Martin. 7.f. City Manager Mariott informed Council that the First Federal Savings & Loan Association of West Palm Beach has repo. rted that they recently re- ceived approval from the Federal Home Loan Bank Board to open a branch of- fice at the corner of N. E. 1st Street and 5th Avenue and in connection with same, they are requesting by letter dated March 15, 1971, that the City abandon that portion of the North-South 16-foot alley~ lying between Lots 1 through 4 and Lots 8 through 13, Block 108 in exchange for the South 16 feet of Lots 4 and 13, Block 108. He recommended that this re- quest be referred to the Planning and Zoning Board for study and recom- mendation. -4- 3-22-71 Said request for abandonment was unanimously referred to the Planning and Zoning Board for study and recommendation, on motio~ by Mr. Youngb!ood and seconded by Mrs. Martin. 8.a. The City Manager presented RESOLUTION NO. 11-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 11-71 and Assessments are attached to the official copy of these minutes.) .. Resolution No. 11-71 was unanimously pass'ed and adopted on first and final reading, on motion by Mrs. Martin and seconded by Mr. Scheifley. 8.b. The City Manager submitted a petition for clearing, opening and paving the North-South 16-foot alley located between S. W. 4th and 5th Avenues in Block 1, Rosemont Park Subdivision, signed by more than 50 per cent of the abutting property owners, which petition stated that it is the understanding that the total cost will be assessed against the adjoining property owners according to the footage fronting on either side of the proposed improvement. Resolution No. 12-71 was presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDI- VIS ION. (Copy of Resolution No. 12-7'1 is attached to the official copy of these minutes.) Resolution No. 12-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Youngblood and seconded by Mr. Weekes. 8.c. City Manager Mariott presented ORDINANCE NO. 7-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29-4 CODE OF ORDINANCES CHANGING THE ZONING REQUIREMENTS OF R-1AAA, R-1AAAB and R-1AA AND ADDING A NEW SINGLE FAMILY DWELLING DIS- TRICT, R-1AAB. (Copy of Ordinance No. 7-71 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and, there being no objection to Ordinance No. 7-71, said Ordinance was unanimously passed and adopte, d on this second and final reading, on motion by Mr. Weekes and seconded by Mrs. Martin. 8.d. The City Manager presented ORDINANCE NO. 8-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-1 (21), CHAPTER 29 CO~E OF ORDINANCES BY REDEFINING "FRONTAGE". -5- 3-22-71 (Copy of Ordinance No. 8-71 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and, there being no objection to Ordinance No. 8-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.a. City Manager Mariott reported that at its regular meet'ing on February 22nd, Council referred to the Planning and Zoning Board a request from Mr. Wilbur Coleman, 248 N. W. 9th Avenue, for rezoning from R-lA (Single Family Dwelling District) to RM-1 (Multiple Family Dwelling District) of Lots 29, 30 and 31, Block "A", Tourist Nook, and that following a public hearing on said request, the Planning and Zoning Board at its March 16th regular meeting, unanimously recommended that the request for rezoning be denied as it would constitute spot zoning. Said request for rezoning was unanimously denied, as recommended, on motion by Mrs. Martin and seconded by Mr. Youngbloodo 9.b. The City Manager reported that at its February 22nd regular meeting, Council referred to the Planning and Zoning Board a request for rezoning from R-lA, R-1AA and RM-1 to R-1AAB (Single Family Dwelling District) of Lots 1 thru 93; Lots 105 thru 119; Lots 140 thru 318; Lots 331 thru 396 and Lots 417 thru 472, Tropic .Isle Subdivision, and that following a Public Hearing on said request, the Planning and Zoning Board, at its March 16th meeting, unanimously recommended approval 'of said rezoning request. Ordinance No. 9-71 was then presented. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLAC- ING PRESENTLY ZONED R-lA, R-1AA LOTS IN SEC- TIONS 1, 2, 3 and 4 OF TROPIC ISLE AND LOT 742 PRESENTLY ZONED RM-1 IN SECTION 4 OF TROPIC ISLE, IN "R-1AAB SINGLE FAMILY DWELL- ING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". Ordinance No. 9-71 was unanimously placed on first reading, on mo- tion by Mrs. Martin and seconded by Mr. Youngblood. 10.a. Regarding paving of the entrance road to the Police Benevolent Association Clubhouse and paving of a parking lot located in the unincor- porated area of the County near Boynton Beach, the City Manager reported that the cost would be approximately $4,000. He said that $2,000. is already budgeted and recommended that Council authorize the proposed pav- ing and that th& remaining funds in the amount of $2,000. to cover the cost of same be taken from other budgeted funds. After general discussion, Mr. Scheifley moved to grant said authoriza- tion, as outlined by the City Manager. The motion was seconded by Mrs. Martin and unanimously carried. 10.a. The Ci.ty Manager reported that Southern Sanitation Service, Inc., has requested that they be permitted to dump trash only at the City Dump for approximately ten days to two weeks until the low area North of the Transfer Station has been filled and he recommended that this request be denied because it would be too much of a risk of a fire being started. Also, due to the fact that it will soon be time to install the addi- tional push pit and equipment at the Transfer Station to accommodate the dumping of Boca Raton's garbage and trash, pursuant to the recent agree- ment between Southern Sanitation Service, Inc., and the city, it will be necessary for Florida Power & Light Company to have the electricity off for approximately four hours, during which time there will be certain electrical -6- 3-22-71 ci:a~}ges made in cor.~nection with the installakien of 'Lhe a,dditional equip.- ment. He said that Southern Sanitarian Service is requesting that dump- ing ef trash only be permitted on Wednesday, March 24th, for the remainder of the day while the electrical changes are being made, with the contin- gency that Southern Sanitation Service will completel} cover all trash that is dumped in that four-hour period, with dirt, before leaving that night. He reco~Lmended that this request be granted. During discussion, Mr. Scheifley suggested that during this four- ]hour period while trash is being dumped, that a fire truck be stationed at the City .Dump on an emergency .basis. Hr. Youngblood moved to deny the request for dumping of trash for approximately ten days to two weeks and to grant the request for dumping of trash during the four-hour period on Wenesday, March 24th. The mo- tion was seconded by Mr. Scheifley and unanimously carried. 10.a. ~ The City Manager read a news release from the Director of Public Utilities concerning water shortage which stated that until further not- ice, citizens of Delray Beach are requested that the use of water for lawn sprinkling be curtailed, and that the area north of Atlantic Avenue limit sprinkling to Monday, Wednesday and Friday and the area south of At!mntic Avenue to Tuesday, Thursday and Saturday. 1P.a.~~ Council was informed that a request has been received from County Connnissioner George Warren requesting permission to use a mobile home trailer as a concession trailer behind .the South County Complex located at 345 South Congress Avenue, for the purpose of dispensing food and drink to the employees of the building for a period of one to two years. He said if this request is granted, the concession will be operated by the Bureau of Blind Services, which is an agency of the State Govern- ment. Mrs. Anita Beaudoin, Manager of the So.uth County Complex, was pre- sent and answered Council's questions. After discussion, said request for use of a mobile home trailer was granted for a period of one year, on motion by Mr. Scheifley and second-. ed by ~ir. Youngblood. Upon call of roll, Mr. Scheifley, Mr. Youngblood, Mr. Weekes and Mayor Saunders voted in favor of the motion and Mrs. Martin was opposed. 10.a.-/ The City Manager said that on February 8, 1971, Council had grant- ed a request of Rev. Harold Norman to erect a tent on Lots 4 and 5, Block 2, Atlantic Pines and to hold a two-week tent revival meeting. Further, that Rev. Norman is now asking for a four-day extension of time, ending on Friday, March 26th. Said request for extension of time was unanimously granted, on mo- tion by Mr. Youngblood and seconded by Mr. Weekes. 10.a. !~ Regarding the proposed purchase, with assistance from the County Commission, of a tract of land composed of three parcels, with a° 268 front footage on A1A and a depth of 600 feet, the use of which for parking was discussed at the last regular Council meeting, Mr: We~kes reported that the northerly and. southerly parcels have been sold, leaving 127 feet with a 600-foot depth unsold. He said ]ne had been informed that approximately ?~50 cars could be _parked on the 127-foot parcel. After general discussion, ~Ir. Weekes moved that the City Manager be instructed to contact County Conm]issioner Warren and ask him to proceed on the same basis an~! in 'the s~ur~e manner on t]~e smaller piece of land as he ]lad intended doing on the larger p~ece of land. The motion was second- ed by Mr. Scheifley and upa~imousiy carried. 10.a.~ The City M~.nager reported that a request has been received from Jack Mintzer, President of irving Stuart, Inc., Stuart, Florida, purchaser o~- ~h~,. 11,~ acres of City'-owne~t .!~~n~]s located '_~n Secti.ons 17 and 20-~6-~3, for rezoning of Parcel C from R--].A 'to R-I, which would permit eleven addi- tional units. The City Manager asked who the applicant should be, the City or the purchaser, Irving Stuart, Inc.? The City Attorney aclvised that Jack Mintzer should be the applicant and submit his application for rezoning subject to signing of the Contract of Purchase. He said if the City submits the application it would indicate that this property was sold subject to rezoning, which is not true. Fallowing discussion, the City Attorney advised Ceunci! to pass a motion referring the application for rezoning to the Planning and Zoning Board, subject to the execution of the Contract with the Purchaser. It was so moved by Mr. Weekes, seconded by Mr. Youngblood and unani- mously carried. 10.a:~ The city Manager reported that the term of Mr. Charles C. Turner as a member of the Civil Service .Board, expires on April 1, 1971, and that he was informed by the Chairman of that Board that the remaining members recom-.2 mend reappointment of Mr. Turner for a four-year te_~n expiring on April 1, 1975. Mr. Turner was unanimously reappointed for a four-year term on the Civil Service Board, on motion by Mrs. Martin and seconded by Mr. Youngblood. - !0.a.'~i Regarding action that was taken at the February 8th Council meeting on Rose Arkin's request for abandonment of a portion of Dixie Boulevard in Del-Raton Park, the City Manager reported that Council approved the abandonment, subject to a dedication of the West 76 feet of her property for future widening of the Dixie Highway, but not subject to a replat of the property, which condition was recon~aended by the Planning and Zoning Board. He reconmmended that Council pass a motion amending the February 8th motion by approving the requested abandonment subject to the dedication of the West 76 feet of her property and subject to a replat of the property. It was so moved by Mr. Weekes, seconded by Mrs. Martin and unanimously carried. 10.a.~ city Manager Mariott reported that while he was in Atlanta Friday he did not receive any information as to when the drainage project plans would be approved but today he had received a letter dated March 19th, from HUD authorizing approval of 'the plans. 10.a.~, In behalf of the Community Child Care Center, Mr. Youngblood report- ed that the two-year time limit has expired for constructing a building on the property leased from the City and requested an extension of time for two years. After making said request, Mr. Youngblood left the Council ~]ambers an~ did not take part in the discussion or action of Council on this Said request for an extension of time for two years was unanimously granted, on motion by ~. Scheif!ey and seconded by Mr. Weekes, with Mr. Youngb!ood being absent. 10.b~ The following "Bills for Approval" were unanlmously approved for payment, on motion by Mrs. Martin and seconded by Mr. Youngblood. Gen_~al~ Fund $111,545.63 Water Operating & Maintenance Fund 10,215.72 Water Revenue Fund 21,367.89 Utilitles Tax Revenue Fund 45,000.00 Cigarette Tax Fund 35,000.00 Capital Improvements Construction Fund 2,000.00 T~e meeting adjourned at I0:00 P.M. ~ HALLIE E. YATES A P PRO'/~~~ '~ City Clerk 52-A GLACE & RADCLIFFE, INC. CONSULTING ENGINEERS 6727 FIRST AVENUE SOUTH/ST. PETERSBURG, FLORIDA 33707/(813) 345-9168 February 12, 1971 Mr. J. Eldon ~ariott City Manater City Hall Delray Beach, Florida 33444 Subject: Lawsuit - Dickerson vs. City of Delray Beach Dear Mr. Mariott: We are forwarding herewith our billing for professional services relative to the above subject for the nine month period covering May, 1970 to February, 1971. These services include conferences with Dr. Bruun and Mr. Hollingsworth in West Palm Beach prior to Dr. Bruun's first day of deposition, attendance at the deposition, meetings with Mr. Hollingsworth in West Palm Beach to prepare materials and review technical aspects of the case, meetings with Dr. Bruun, Mr. Hollingsworth, Mr. Radcliffe and myself in St. Petersburg prior to continuance of Dr. Bruun's deposition, attendance at Dr. Bruun's deposition, correspondence, compilation of material and discussions with Dr. Bruun at various times relative to changing conditions, etc. and a visit to the revetment site during the last phase of the reconstruction. The enclosed billing is base'd on adjusted salary rates occasioned by increased cost per hour for employees since April, 1968, which is the date of our supplemental engineering agreement with the City. The revised hourly rates are shown below and are based on the actual payroll cost for the category of employee. I trust that this will meet with your approval, but if you should have any questions please let us know. ~ Principal of Firm $14.43 per hour ,'~ ,j Staff Engineer . 9.00 per hour .~. Draftsman 4.37 per hour Clerical II 2.57 per hour ' 52-B Page 2 - On the subject of the hydLog~aphic survey requested by Dr. Bruun oceanward of the existing concrete revetment we have completed arrangements for obtaining a boat for this purpose. We are awaiting word from the boatman that the weather is suitable for completing the survey. As soon as we have a sufficient break in the weather we will complete this work. Very truly yours, GLACE & RADCLIFFE, INCORPOPJtTED E. S. Kelley ~/ Vice President ESK:jr encl. 52-C TO: CITY FRO[4: CITY' CLERK SUBJECT: SALE OF CITY-OWNED LAKq)S DATE: March 19, 1971 As authorized by Council while in regular session on February 22, 1971, and advertised in the Delray Beach News-Journal on March 4 and 11, 1971, the following two described parcels of City-o%aned land were offered for possible sale at public auction in the City Hall on Thursday, March 18, 1971, at 1:00 o'clock P.M., E. S. T. ~st PARCEL I - consisting of approximately 11.4 acres 1~ · - ed as A. B. and C. on the advertisement, and located in Sections 17 and 20, Township 46 South, Range 43 East. PARCEL 2 - consisting of approximately 25 acres lying west of Military Trail and north of West Atlantic Ave-- .. nue and located in Sec%ion 14, Town, ship 46 South, Range 42 East. PARCEL 1. The bidding started at $50,000.00. The high bid was in the amount of $88,500.00 and was made by: Irving Stuart, Inc., by Mr. Jack Mintzer, President P. O. Box 1931 Stuart, Florida 33494 PARCEL 2. The bidding started at $25,000.0'0. The high bid was in the amount of $40,500.00 and was made by: Mr. Wm, H. Yates of Yates Realty P. O. Box ].02 Boynton Beach, Florida 33435 Deposit of ten percent of each high bid has been received by the City of Delray Beach. City Clerk" 52-D DELR?~¥ ?,EACii The Ciz:y o'f Delrav Beach offers for sa]e, to the hic?h~,st at public auction, Thurs,!ay, 'March ].~, ].971, at 1:00 P M , E.S.~i~., in the City Hal. l, 100 ~l. W. 1st Avenue, Delrav ~ _ Beach, Florida, the following described parcels of !and: PARCEL 1 A. South ~ of Southeast ¼ of Southeast ¼ of Southwest ¼, Section 17, Township 46 South, Range 43 East; less the North-South-East-West 25 feet for road rights-of- way. B. West 1/8 of North ½ of Lot 1, Section 20, Township 46 South, Range 43 East, less the North and West 25 feet for road rights-of-way. . C. West 3/4 of South % of Lot 1, Section 20, Township 46 South, Range 43 East, less East 50 feet of West 687.93 feet, and Less the South-~West and East 25 feet for road rights -o f-way. This vacant land, with 894-foot frontage, more or less, on S. W. 6th Street and 894-foot frontage, more or less, on S. W. 8th Avenue and consisting of approximately 11.4 acres, is zoned for single family use, with water and sewer facilities being available. PARCEL 2 The Southwest ¼ of Southeast ¼ of Northwest ¼ and East % of Southeast ¼ of Southwest ¼ of Northwest ¼ and East ½ of Northeast ¼ of Southwest ¼ of Northwest ¼ and West ½ of Northwest ¼ of Southeast ¼ of Northwest ¼ of Sec- tion 14, Township 46 South, Range 42 East, Pa].m Beach County, Florida. This vacant land, which consists of ~k5 acres, more or less, is located adjacent to the Lake Worth Drainage District Lateral No. 33, 1/10 mile West of Sims Road and 2/10 miles North of SR 806 (Delray West Road), in Palm Beach County and carries a County zoning designation of A-1 (Agricultural). , High bidder shall provide an earnest money deposit amounting to '10% of.bid. Balance in cash within 30 days from' bid acceptance. The City Council shall have until the end of its regular Council meeting on Monday, .March 22, 1971, in which to accept or reject the bid. Should the successful bidder fail to ~ay the balance within 30 ....... days from acceptance, the earnest money deposit will be forfeited. The.City reserves the right to reject any or all bids. Publish: HALLI~ E. YATES March 4 & 11, 1971. City Clerk 52-E /" .~, , , ,. :.' -: ' ': .'; M-.C-_-I L-- - , ~3' .'~ ' ,~ _ji ~.:.' ~ t.-¢~~-. u~:~ 'f-TTTT',c!'FF~ .. ! -,T-hi ...........~--"~ ~~~¢ ~' ......................... ~ vl"r ~-v:- .v~ ,,~,.~' ,.,, ~ i; a · ~-, %-':'-'~,~_i~____~,~___L~,~~. .... ...... ,~,~'~:~'~-~'4 ~' ~.~,~ ''~-.''' .' 'd~lj[V)"~"l[r-;~__,, ~''' ~,,---~' ~'l~'r ........ ...... ~',o~;:'--~ 77J-]~-~-;'-~' ~'~--'-' ~. ,,1~4'~'~- .... ;'~  ', ', !: ~ ,A~ ~','" ' ' ' I .... ' I , --' '- ~ ~i' , ~, p ~ , / I , ~ t . / t I "x ./ ., ~,-, ~./ .... - -.. t-- ..... ~ . ,., i ~ *, , ; . .~ ~ , . ~~ . : , -~ , ~I' ", ~...~,,..~...,. . .... ,~, ,~ .... ,,.ir ...... _. -I ,,.-~1 ...... ~ I i '- .... . ~z.:.er ,~'~1 .-:"~ i~:?-:~--~bD:;-.-¢:-~ L-~*':-:{~Z~-*~ ~---~t'~."-~;-~¢ L~--~:-.-:. SCA L ~ ~"= ~00 ,.. ,, .... ,T -.- "' T~¥','SFT ,., ~... FEET ;0~ P. OA~ ,~'-',' ...... . ?,2::m '~ oT HORTMI $,-FleTt TOwr~$'''* ~' ~;.5~ ~"~ ~T.~ oF '¢/~ZOT GA~ ~.?., ~' ~hi~;.~;~::"~: -r.,~ '~..3L;"~-'¢/EC-'i n~;r:~ ~. ...... ..''- ? 52-F 52-G RESOLUTION NO. 11-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~.I~RAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in _r~ggular/~]//~r//////////session held on the 9th day of November. 1970 _ declare the existence of a nuisance upon certain l°ts' o~ par~&i~'"'O~" iand, described in a list submitted to them, for violation of the provisions of Ordinance No. G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in Said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30} days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time pre- scribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beach, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Coun- cil a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels of land de- scribed in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectlble in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collectible. 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the ._9th~da_v of Nouember, 1970.. order the abatement of a certain nuisance""e' iS'ting on' 'their desCr'i~ed'' property and property owner having failed to abate such nuisance, with- in the 30 day period, whereupon it was abated by the City at costs shown in said report and such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of 6% per annum on any unpaid portion thereof. PASSED AND ADOPTED in regular., session on the ~ day of March ., A.D. 19 7_1 . ATTEST: 52-H COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-I47. PROPERTY DESCRPTION OWNER ASSESS- MENT November 9, 1970 list. North 193.5 feet of East half of West half of Lot 1 lying East of Easterly right-of-way line of FEC Railway less North 25-foot right-of-way and North 193.5 feet of West half of East half of Lot 1 less East 325 feet and less North 25-foot right-of-way, Section Wm. D. & Dolores T. 21-46-43. (124 S. E. 4th Street) Adeimy $195.00 North 50 feet of South 150 feet of West 135 feet of Block 33. Urbain & Rachel L. (309 N. W. 4th Avenue) DeCarie ~-~"~.(3 '~,,,?i~~ $ 85.00 RESOLUTION NO. 12-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQU~RING PLANS, SPECIFICATIONS AND ESTIMATE OF COST 'TO OPEN, GRADE AND PAVE THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK,. SUBDIVISION. WHEREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and con- venience of the public to open, grade and pave the North- South sixteen (16) foot alley in Block 1, Rosemont Park Sub- division, per Plat Book 13, Page 60, Public Records of Palm Beach County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACHj PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. That the City Manager be required to sub- mit plans, specifications and an estimate of the cost of such improvement to be made, and that the same shall be plaCed on file in the office of the .City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 22nd day of March, 1971. MAYOR ATTEST: City Clerk // 52-J ORDINANCE NO. 8-71 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-1 (21), CHAPTER 29 CODE OF ORDINANCES BY REDEFINING "FRONTAGE". WHEREAS, the Planning and Zoning Board has recommend- ed to City Count{1 that a new definition for "Frontage" is. needed, and · ~ ~ WHEREAS, the City Council deems it to be in the best interest of the City of Delray Beach to have a new defini- tion for "Frontage ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-1 (21), Chapter 29 Code of Ordinances of the City of Delray Beach'.be amended to read as follows: "Sec. 29-1 (21) Frontage. The frontage of a lot or parcel is defined as the shortest property line adjacent to a public street." PASSED in regular session on the second and final read- ing on the 22nd day of March , 1971. MAYOR ATTEST: City Clerk/'/ First Reading March 8. 1971 S .... md Readir~ ..-rch 22, 1971 52-K ORDINANCE NO'. 7-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29-4 CODE OF ORDINANCES CHANGING THE ZONING REQUIREMENTS QF R-1AAA, R-1AAAB ANqD R~iAA AND ADDING A NEW SINGLE FAMILY DWELLING DIS- TRICT, R-1AAB. WHEREAS, the Planning and Zoning Board has ~recommended to City Council the need of a new residential area known as R-1AAB, and WHEREAS, the Planning and Zon.ing Board has' recommended that City Council make certain changes in R-1AAA, R-1AAAB and R-1AA, and WHEREAS, the City Council deems it to be in the best interest of the City that a new residential area R-1AAB be established and that the recommended changes in R-1AAA, R-iAAAB and R-1AA be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-4 of the Code of Ordinances is repealed and that the following is hereby adopted as Section 29-4 of the Code of Ordinances: "Sec. 29-4. R-1AAA, R-1AAAB, R-1AA and R-1AAB single family dwelling districts. (a) PURPOSE These districts are created in order to provide de- sirable restrictive residential districts. Land areas placed in these classifications are intended as single- family areas that will be developed at low population densities. (B) USES PERMITTED Within any R-iAAA, R-1AAAB, R-1AA and R-1AAB single family dwelling district, no building, structUre or land or water shall be used except for one or more of-the fol- lowing uses: (1) 'Single family dwellings and their custom- ary accessory uses and structures.' (C) CONDITIONAL USES When after review~of an application and plans ap- purtenant thereto and hearing thereon, the planning board finds as a fact that the proposed use or uses are consistent with good zoning practice, not contrary to the master plan, and not detrimental to the healttl, safe~y, an(/ ~neral welfare of the C~i~, one following may be recommended to t~ city Council as permitted uses in the R-1AkA. ~-iAAAB, R-1AA .and R-iAAB singIe .family dwelling a~stricts: ~. fa) Public schools, nursery schools 'and' kindergartens. (b) Libraries, community center buildings, public museums. (c) Churches and their attendant educational and recreaticnal facilities. (d) Public utilities. All of the above conditional uses may be allowed sub- ject to compliance %~it~ section 29-7.5~. 52 -L Page 2. Ordinance No. 7-71. Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effect on the value of sur- rounding lands, and further, the area of the site as it relates particularly to the required open spaces and off- street parking facilities. (D) ~UILDING HEIGHT REGULATIONS No building or structure shall exceed thirty-five (35) feet in height, except as provided in section 29-7.5. (E) MINIMUM BUILDING SITE AREA AND LOT DIMENSIONS 'District Lot Area Lot Width / Frontage Lot Delot~ R-1AAA, R-1AAAB 12,500 sq. ft. 100 feet 100 feet 110 feet R-1AA 9,500 sq. ft. 75*/95** 75*/95** 100 feet R-1AAB ~ 9,000 sq. ft. 90 feet 90 feet 100 feet *Interior Lots **Corner Lots (1) Where a lot or parcel of land has an area, width or depth less than the above and was a lot of record at the time of the adoption of this ordi- nance, said lot may be used for a single family dwelling provided the minimum yard requirements as set forth herein are conformed with. (2) The frontage of a lot or parcel is defined as the shortest property line adjacent to a public street. (3) On curving street and cul-de-sac, the required frontages of lots may be reduced by forty per cent (40%), provided that the center line radius of the adjacent public street is one hundred (100) feet or less. (F) MINIMUM YARD REGULATIONS A~ND MINIMUM AGGREGATE FLOOR AtlEAS REQUIRED FRONT REAR SIDE FLOOR AREA Inter ior-S tr e et R-1AAA 35 ~ 12 12 17 2,200 sq. ft. R-1AAAB 35 12 12 17 1,500 sq. ft. R-1AA 30 10 10 15 1,250 sq. ft. R-1AAB 25 25 8~ 20 1,500 sq. ft. ~(i) On 'through' lots with frontage on two streets, the required front yards shall be provided on both streets, unless access rights have been relinquished to and accepted by the City of Delray Beach, then the rear yard standard for that zone shall be applicable. ~.~ Al! ~et backs shall be measured from th~' strict r~?>~--o£-way line, and w>gr~ ~i~t set back '~' lines have be~n e=~=h]~i~ ~ on any street or highway for street widening? ~rnoses, front and street side yards shall be me~g~=ed from the ' special se% back line on the prop='~t}-. (3) The minimum aggregate floor area is the area of a building, exclusive of terraces and unroof~- ed.areas, including fifty per cent (5C~/o) of attach- ed garages, carports, and screened porches'. Screen top patios are considered unroofed areas. 52-M Page 3. Ordinance No. 7-71. (G) . OFF-STREET PARKING REQUIREMENTS (1) The term, 'off-street parking space' shall con- sist of a minimum net area of two hundred (200) square feet (not less than nine and one-half (9~) feet in width) for the parking of an auto- mObile, exclusive of access drives or aisles ~ ~ thereto. (a) .Dwelling, single one family, two (2) parking spaces. See Sec. ? 29-7.4 PARKING AND LOADING REQUIRE- MENTS. ·, . (H) ACCESSORY BUILDING REQUIREMENTS (1) Accessory buildings shall not be located with- in any of the required yards as defined in paragraph F above. (2) Where the accessory building is attached to the principal building or connected thereby with a breezeway, the sideyard shall be measured from the outer wall thereof. (3) No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully en- closed." PASSED AND ADOPTED in regular session on this the second and final reading on the 22nd day of March , 1971. '~t'M A y 0R ) ATTEST: City Clerk i First Reading February 22, 1971 Second Reading March 22, 1971