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12-28-53252 P, egu!er meeting of the City Council of the City of De!ray Council ~hm'n~iers nt ?:30 P M. with Bench w~s held !n the _ R. J. Ho].l~n8 in the Chair, an~ City Attorney Nell ~,lac~llan, City ~nager Robert Lovelace, and the follo,~ing Councflmem ~,~e-ent John Y Kohler, J L Saunde~s, end ~r~. Alms K. ...... ~ being ~ Upon mokion of Couna~lmen S~un~ers, seco~e.~ by Councilwoman ....,~oen=e', minutes of meeting~ held December 17. ~nd 19 ~'~ere unani- mously approved. . ~ ...... ~b, ~e~ch Tnxoayers ]~ir Lov~l~ce road two ]..~tters ~'rc.~ ~ ~ League .- one expressing the unan!m?us decision of ~ts ~oarU of Governors theft the proposed amendment to the Yeer ~ Or, thenCe bt b~!d ove~' 'until 19~; the other latter expressing ~ .... , va! of a!lzwing ~Temporsr)~" break!rog of ex, st!rig their d~.s. ~..~ro building and zoning restrictions relative to s request for ~ ~ ~ ~ ' ~ (t~m~or~ry~ bull'~' ~ .,,~n~s on ~ast Atlantic Avenue. Upon motion of Councilman Kabler and secorded by Councilman Saunders, the recommendation of the Beach Taxpayers League was ~' ~y the City Council. unnnimously uph.~n .~ ~r. Zcveioce then ra~d s letter from the P~]m Be~ch Coumty ~!edicsl Sec:tory a.Svlaing of a resolution passed by the Board on November 23rd, !cc~_,, relative to maXing every ee~ort~: for obtain- lng promert~ sewage f~cilities, ~nd requested each co,unity within the County to take sfm]!ar steps. ~o action was taken and the letter was made s matter of record. Flcr~.d~ suggested that before Mr. Eorgan, ~ CPA of Miami, , Flor _ _. contacting the i~a Accoumt~nts Association for ~. review of p~st audit procedures ~n~] reports, that we ws~t until such time as the complete remort of the Special Audit has been the City. Mr. C~mpbell, ~ rest,lent of Delray ~e~ch ~sked f~ City Employees were bonded, if so, how much - a~d w~.~ it considered s,~'~ent~...~,_.,~ . He ~so ..... =sked several questions of ~r. Klrkf, on, of Himes and Htmes, CPA's, pert~ing to methods and mrocedures of audits and their relative ~!uos. ~r. Yabler inquired of Mr. K]rkton the definition of the type of ~udlt they might ~ake, and ~r. Kirkton defined s Test Check audit. A motion was ma~e ~r. Kab!er, seconded b~ ~r~. Woehle, that a red, oft be submitted in writ'.n~ within 90 d~vs~ as to possible liabillty of present auditor or fees paid to the auditor. Mr. Clarence DeWallott, Mr. Stephenson, Mrs. Henrietta Stephenson, and ~r. Aiken,.. all of Ocean Ridge, toOk ezce~tion to the activity of Delray Be~ch in ~cqulrfng a strip of land Ocean Ridge, and ~r. Aiken inquired as to the possibility of obtaining sccomodation In Phipps P~rk for a municipal be~ch. No ~ction wastaken, pending the outcome of court hearing injunction relative thereto. i~lr. Lovelace read the recom?ended program to the State Road Board regarding the Federal. Highway right-of-way project. ~r. Ksbier made s motion that the Cou~i]. confi~ the~_r previous recommendation to the Coumty Commission that the H~.ghwa~ bo built throu~ Delray Beach on a right-of-way of eighty ($0) feet and that the County Commfsslon be asked to make such recommendation to the State Road Board st the Budget ~eeting of 19~;. The motion was seconded by ]~r. ~aunders. Mr. Love]ace read an explanation of the proposed contract for a Code of Ordinances from the ~untclpal Code Corporstlon. ~l~. Kabler moved that the 'City enter into a comtract as proposed b~ the City ~ansger for f[fty (~0) completed copies in accord~ce with dot, led bid submitted tots]_ cost $5,2~4.00, plus sddttLon (reasonable) cost of fifty (~0) unbot~nd copies thereof; Motion seconded b~: ~r. Saunders. December 28th, 1953. Second reading of 0rdinaDce No. G-183 Repealing Ordinance No. 365 - 0RDINACE NO. G-183 aN ORDINANCE REPEALING 0RDINA]!~CE N0. 36~, AS ADOPTED BY THE VOTERS OF DELRAY BEACH, FLORIDA, AT AN ELECTION HELD ON TUESDAY, AUGUST 6, 1940, ALSO KNOWN AS SECTION 14 0F CHAPTER XE OF THE CODE OF THE CITY OF DEI.RAY BEACH, FLORIDA; AND PROVIDING A REFERENDU~I. WHEREAS, the present orocedural requirements for processing of m~tters pertaining to re-class~flcat~on, special exceptions, variances, ~nd other m, tters ccnnected with zoning,. ~re not in conformity with the stand~rd procedure as set forth in the General Statutes of the State of Florida; and WHEREAS, it hss been reeommen¢]ed by a representative of ~he ?]ortda State Improvement Commission that the present procedural r~cquirements of th~s City, ~s set fcrth biz 0rd~in~ce No. ~dopt~d August 6, 19~0, known as Section 14 of Chapter XX of the Code of the City of Delray Beach, Florida, be repe~led. NOW, THEREFORE, BE IT 0RD~Ii'~ZD B~~' THE 'CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLI.0WS: Section 1. That 0rdin~nce Ne. 36~, ~s ~dopted by the voters of Dslr% Besch, Florida, st an election held on Tuesday, ~ugust ~, 19~0, also known 8nd desigr, ted ss Seetion 1~ of Chapter XX of the Code of the City of Delray Beach, Florfda, be ~nd the same is hereby repealed. ~h~s ordin~ ce ~hsll ~. eke effect upon ~ts rati- Section 2. ~ ~ fication by ~ ma~ ~' ~o~ty of tho qualified electors residing in De~r~y Beach, F~orfd~, voting at a sepci~ electioa to be c~lled by the City Council within 90 days from the pass,ge of this ordi~ance on second ~nd f~nal rea~fng. PASSED in Regular Session on second ~nd fi~al re,ding on th~s the £gth 8ay of December A.D., 19~3. /s/ R. J. Holland M~yor ATTEST: /S/ R. D. Wortbing City Clerk (Se~l) Passe~ ~nd a~opte~. Ka~ler - Saunders. Second read of Ordinance No. 0RDIN~NCE NO. G-184 &N 0RDiN~NCE A~ENDING SEC~0N 11 OF CHAPTER XX OF THE CITY CODE BY PROVIDING FOR ZONING BOARD OF ADJUST~ENT: PROVIDING ~ANNER 0F AFPCINTMENT OF MEMBERS: DEF'iNii~G POWERS A)~qD DUTIES 8nd ADDING SECTION 14 OF SAID CHAPTER XX BY PROVIDING MiETHOD FOR CHANGES AND Ai~r. DY~NTS TO B0'UNDARIE$ OF PZE©UI ~TIONS AND RE~EALiNG SECTION 12 OF SAiD CHAPTER XX ANqD ALL ORDINANCES iN CONFLICT HEREWITH. WHEREAS, the City of Delray Beach, Florida, is endeavoring to establish and creste its Zoning and Plann$.ng proceduresln conformity with geDerally seceoted standards, 8nd WHEREAS, the present procedural requirements for matters pertaining to re-classification, spee!~i exeeptiom~, and other related m~tters, makes fcr confusion and conflict of interests and duties, and December .~.~ th, WHEREAS, the General Statutes of Florida has prescribed generally a stsndard procedure, which is substan~.ally set forth hereinafter, and WMERE.~S, a representstive of the Florid8 State Improvement Commission h~s recommended the revision of the C~ty zoning administrative procedures, and WHEREAS, there has been ~ detsiled and exhsustlve investi- gation and research made by , Citizens Group In the City of Delray Peach regarding better zoning procedures and their recommendations are substantially followed herewith. NOW, T}~FO~, BE IT ORDAINED BY THE CI~ COUNCIL OF THE 'CI~ OF DELRAY, AS FOLLOWS: Section l: That Section ll of Chapter XX of the City Code of the City of Delr~y Beach, Florid~, is hereby smended to read as follows: "Section ll: (A) CREATION: A Zoning Board of Adjustment is hereby established. The word "Board" when hereafter used this Ordinance sh,li be construed to mean the Zoning Board of Adjustment. (B) CON~POSITION~ TERM~ VAC.~NCIES: The Board sh,ll be composed of sev~'n members," who shslY be ~ppotnted by the City Council, ~and who shall serve without compensstion. They sh~ll be appointed by the City Councf~l for ~ term of three years. Any member shdll be removable for cause, after charges have been preferred 8gain~t ~nd served upon him, and a public he~r!ng h~d before the C~ty Council thereon. V~c~ncfes on the ~ other th~n by expiration of term, Board orcurrfng for regso shall be filled for the unexpired term b) the ~Cfty Council. ~'~embers sb~ll be resi~ents of the C~ty of Delr~y Beach, ,nd sh~ll hold no other public off~ee or posftion under the C~ty Gover~ent, except ~s a member of the C~ty Planning Board. (C) RULES AND REGUL~TIONS: The Board sh~ll elect its own Chdirm8n, V~ce-C~a~rmsn and Secretsry, and sh~ll fix and orescrlbe the duties of each ef them. It shall ~dopt rule~ ~?d regu]~tions for ~its own government anU for those of ~oerse~s appearing before ~t. All meetings shall be~ ~:~=]d stthe csll of the Chairman ~nd at Such other times as the Bo~d shall deterred_ne. The Cha!rm~n, or in his absence, the Vtce-Ch~frman, may ~dm[n~.ster oaths ~nd comoel the ~tt~ndance of witnesses. The Bosrd sh~ll ]~ep minutes of ~ts ~roceed!ngs, b~ open tc the public, showing vote of each member present noon each question, or ~f absent or f~'li~g to vote, Intricating ~uch fdct, .gnd the ~c~r~ shal]~ ~!so keep records of ~ts e~dmin- ations ~n~ other ~ff'c~al ~ctions. Evers' rule, or re~eal thereof ~n~ every or,er, requirement, decision clete,':r;in~tlon of the Board shs]~ be ~iled ~.~ the off~ee of the ~ty Clerk, an~ ~h~l! be ~m.t remain a public .... ~r~), ~ POWERS,. ~TN~. ~ ~ = ~.=, Di~I T.~TICNS: T!~e. ~ Board, ~ ' ~ ~ approor~ste comdlt~ions may, in ~ppropr~te e~se~ end ~,~e~t ~o .... make sr, eeial e~eeptiOns tc the ~nd safeg~arms, ....... ~ the ~ ~ ~. ~ ~ ~ now exi~t.~.~g ~.o~.ing Ordin~..,e.~ cf the City of Delr~v Peach, . ~nd os a::~ended from time to t~me, in b ...... w~th ,r~ g~era! n~r~cse ~Dd intert ne s~d~cu~.~.~o'v ~ ~ Ordin~Dces ..... sod in s~ecrd~ce with the orov~io~ be~eo~. Tb~e Boord ~1! f~u~tber be vested with ~nl ~}'~e o~w~rs ~nd duties, ~nd sh~l], b~ ~u%~ct to ~1! restr~ct!on~ nrov~_ded for arid ccnt~ned ~n 'Ch~ter 176, Florida Statutes, ] 9~%1 · (E) APPE,II.S: ~p~oeai~ to the Bos~.d mdy be t~cn hy ~ny person ~ggrieved or by ~y- off~eer, ov bureau of the City Gover:~ment 8ffect~:d by ~ny dec.~slon elf the Puli. ding inspector, or ~ny other ~dminlstrat~ve ~ o~ ~cer. S~ch 9~:peal sh~ll be within = reo~on~b].e !ime, as orcv!ded by the ~*~1~ o ......... ~s ~. the Bodrd, b-~ filing with the officer from whom tb;e apo~l~., is tdken sb~!l forthwith tx~n.~..~t~ ~'~ to the Bodrd al! the ouo~rs~ ~ corst~tut~:]g the ~ecord upon wh~.eh the ~ctlon appealed from w~s tdken. An ~ppen] shgl! stay .~1] proceedings in furtherance of the action 9pp~l. ed From ,un_~o~ the" ~,~f'~ce~,. , sh~,..~ eert~fy.~ to the Board ~ft. er the r_,.~.t:Lce of ~ppe~lshall h.~ve b~.er: flied ~'lf~' hLm, ~,~ ~.son ~.~-'" facts s+~',~,~...~ ~n ~f_s_ ~erf~~:~c~te, ~ ,~t:~.", wo,.].~," opinion, '~ ..... .... , ...... !Rent n. ..... 1 to life or mron~rt~ inwh!ch case nroceed~mg~ .... , sh~!l not be stayed o+'~'~w~e~....__-~ than by ~ restr~[nlng c-2~r w~-'¢ch may be granted by the Board ¢~f. er notice to tNe off~cer fz'c.m whom th~, eppe~]..{s t~].-en ~nd on due cnu~e shown. (P) Public Hearln~k In the .~se of ~ppl!cat~ons ~.o the No~rd for ExcentJ. ons, Veriances~ or SDeci~l Permits under the orovi~ions of the ord!n~nce~ no ~,}ch ~p~!fc~tlon ~hn!! be heard by the Boerd until s notice, published by the ~rman of t~e ~.oard, g~v!ng t~,,~ ~emar~l de~ai~ of the app!ic~- tlcn and date and place s{: which the ~,oard shsl! hear abe same shall have been n~blisbed at ].eas~ {wice ~n ~ newspaper of . the general circu!s, tion nublished in Del~ay Beach, Florida, first publiaetion to be at least flfteer~ (15') d~ys before the hearing, and until a copy of wh!cl~ .notice shall have been to those mersons owning propert}~ wiihin twa hundred (200} feet fr~m: the outside lines of the FrcpePty described in the application, as such owners are listed and as the'.~ ~aillng addresses ~re listed on the records of the City T~x Assessor. The costs of such publication amd of such notices and mailing shsl! be defrayed from s fee of Twenty (~20.00) Dollars which must be paid by the applicant at the time of filing application and no ~,rt of which shalj, be returned to the applicant. (G) POWERS: ~e Board shall have the fol- lowing powers: (1) To hear sod decide appeals where ~lleged there is error !~ any order, requirement, decision, or determination made by an administrative official in the enforce- ment of the Zoning Ordinances of the City. (2) To hear and dec!.de seecia! exceptions to the terms of the Zoni~g 0 ~ upo,, which such Board required to cass under s,~ch 0rdln~ce. (3) Te authorize upon appeal in spedffic cases such variance from th~ term~ of the ordinance as w~_ll not be contrary to the public interest, where, owing to s~ec~al conditions, a literal enforcement of toe r~rovisions of the Zoning Ordinances will rea~.~lt in unnecessary hardship, so justice do~e. (H) DECISION: In exercising the above men- tioned powers, such Board may, in conformity with the provisions of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decfsion';or determination a~peal~d from and may make such order, requirement, decision or deters, in- at!on as ought to be made, sod to that end shall have all t he powers of the officer from whom the appeal is taken. The con- curring vote of five members of the Board shall be neces~sary to reverse any order, requirement, decision or determination of any such sdmiristrstive off{c!s~ or te decide in f~vor of the applicant on any matter upon which it fs requi}.ed to pass under any such ordinance, or to effect any variation In s~eh ordinances. (I) ~PEAL T0 COURTS: Any person or persons, jointly or severally, aggrieved by soy decision of the Board of Adjustment, or any taxpayer, or other officer, department, board or bureau of the governing body of said mun~.cipsltty, may present to a co,~rt of record a petition, duly ver~.fied, setting forth that such dec~.on is illegal, in whole or in part, s=eclfying the grounds of the illegality. Such petition shall be presented tc the court within thirty (30) days after the filins of the d~clsion in the office of the Board.~ Section ~: That a new Section 1~ of Chapter XX of the City 'Uode ~P 'the City of Delrsy Beach, Flor!ds, Is hereby added follows: ~Section 14~ gH~YGES AND A~END~{ENTS: {~} The City ~uncil of the City of Delr$, Beach, December 2ath, 19~3 may from time to time, on ~'ts own ~motlon o~ on petition, after ~ public hearing of which at least fifteen (1~c) days' notice has been given in a newspaper of geoer~l circulation and otherwise Rs or change modify, or required by charter, amend, supplement, , repeal the boundaries or regulations herein, heretofore or subsequently established, but only after submitting same to the City Planning $oard for its reconmmendation and report, in case, however, the City Pl~nning Board disapproves ~he change, or in c~se of a orotest against such changes duly sig~ed and acknowledged b~ owners of twenty (20) per cent or more of the frontage immediately in th~ rear thereof and extendin$ f~ve hundred (~00) fee therefrom or by the owners of twenty (20) per cent of the frontage directly opposite the frontage proposed to be ,1 tered or by the owners of twenty (20) per cent of the property immediately adjacent thereto and extending ffve hundred (500) feet therefrom, such amendment shall hot be passe~ except by four-fifths vote of all membors of the C~ty Commlsstoo. (B) Before any ~ction shal~ be taken ~s pro- vided ~nt his Section, the party or parties proposing or recommending a change in thc distr~ct regulot~.ons or district boundaries shall deposit with the City Treasurer the sum of Twenty (20) Dollars to cover the approximate cost of this procedure a:.~ under no con, it!on ~hal~ said sum of any part thereof be refunded for .failure of said change to be adopted by the City Council." Section 5: All ordinances or part~ of ordinances in conflict herewith are hereby repealed, and Section ~2 of 'Chapter XX of ~he City ~ode of the 'City of Delrsy Beach, Florida, is hereby spe 6ifically repealed. Section 4...: This ordinance shall become law an~ take effect ~t such time as Ordinance No. 365, adooted by the voters of Delray Beach, Florida, at an election held Tuesday, August 6, 1940, also known as Section 14, Chapter XX, Co~e of the 'City of Delray Beach, Plorid.., is repealed in accordance with law. Section ~: In the event any section, paragraph, sentence, clause or portion of this ordinance shall for any reason be held unconstitutional, invalid or ineffective, the same shall not repeal, nulify, or in any manner affect Shy other section, oaragrsph, sentence, clsuse or portion of this or~in~nce. PASSED in Regular Ses2fon on second ~.Dd final reaUing on this the 2ath d~y of December, 1953. /S/ R. J. ~ol~.and I~ayor ATTEST: R. D. Worthfng Cit ~~ Clerk (Se_~l) P~ssed and adopted - Kabler. - Wceble. Gu!fstr~.am Hoso~tal Association 0ff~ces -Appro~,a] of plans - Saunders - Kabler. Recorm~eDSe8 Assessment Schedule - &pprov~l of plans - Eabler:.. Woehl~.~ ~r. Lovel~ce read the report of the Planning Board - That ~, six (6) month temporary permit be allowed for use of trailer 8s subdivision of~ice, with optional renewal of same if considered necessary - ~.uc~ 9-~.ont._~ oermit to cost ~!0.00 ~nd each re;~ew~l of s~me s like fee. ~otzon Racom .... nd~tiom to be accepted - ~qaundars -Woehle December Obsolete P~"~}~le ~"o'~'' Units - o~]e .... me - _ .. ..~ Everglades fire Crmtr~] D~t:~i~t w~o '~e ~ ,",f~r ~ ..... we,~e no longer -r use to the C~t~r ~r~"I(']'; - ~,~ ~.~r~v ~!snof S,,/D~ 5!r. Loveloce ~'.~ad a letter from Yr. Pope and V~-"~ce reouest, lng this rezoning; ~:~.~I~ - ~:e.fer +o P!~nn":.ng ~o~r,:~ - Bids - Awap5 of Pm~ch~se Contract, We].] H~ader Pipe sn~ Fittings; ~,:~ Lovel~ee read t~xe kids of J~aes ~ glow, ,ounmry Co, Amerlc~n Cast ~ron Pipe So., eor f:~ttings & pipe; ~n~ Eansselser Vsive Co., & ~:. f~ H Valve & Fittings Co. for ~ 16" valve. ~(OTION - Acce~t ~it~' l%':~ger s recomme.._~ ions that Con~rect he ~'~,9rded to ~ ~ t ~a.~es B Clow& Sons for he ~e ~. Fittimgs - ~ ~'O~ sad to ]~ ~ H Valve ~ Fftt. fngs ~o. fc~ the i~" Va!va - ~]o. CO, ~oth psrtie~ ~ef.~ the low ~ddeF oo ~ie~eh~naZ~e CoP which eontP~ct ~warded. Yabler - Ss~nder~. D,~p~ ~on of Heliport Site ~ir. Lovel~ce resorted t+~+ .......... he %~d ~n ~dvls ed by ~on~t~t~,n wltb ~t'~t:!on~l Airlines ofCCp'sis, ............ ~<t_. ,._~'.*'f'c'~ls thgt S~te Nh. ,~ ~.~ nr~f~-,~d, ,..._ - said site b~ing near the ~nn.}.ng Center fn Block ~2 )~0TI,,N Grs'-:t t~e ~se of 2~te No. fo,- ~be He].'aort - Saurders - ?,~r~. :'?~'~, ekle ~-,:,~' a wn~+' ~ ........ a~tion h~d b~entaken cn t'qe Crd-~nce for ~-.,.~e Swimming Pool. ~¥~r. ~c;~il!an stated he had no further work. ~,Irs. $]oeh!e s~ke~ about Ordinance For co~soll~t~g railroad. Cfty A~tcrney [,iacM!ll~r r~:~ort~ no rec~nt sdv~e or the matter. City Att~rney Iv;~ci~'dllan recommendeJ that ~ction be t~ken on the option ~ ~ Palm Beach mer=o,~ of *~e Ocean Fronta-e ~n Lot 1~, Block "A" Shore Acres. ~V;r. K~bler moved that the City ;~mnager call the County Commission to ~at a date for s meeting relative to said option st sn early date. ~[OTION - Kabler - Woehle . ,~r. i~]ac[~iml n suggested a tentative date on the referendum of the Ordinance No. G-l~3 to be submitted to the oeople on about February 9th. VOTION - moved to set the temtat!ve date of February 9th for election for said referendum. - K~bler - Woehle. There being no further bus{mess the meeting ~djourned City Clerk APPROVED: