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02-11-74 249 FEBRUARY 11, 1974 A regular meeting of the City Council of the city of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, February 11, 1974, with Mayor James H. Scheif!ey presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M. Weeke s present. 1~.. The opening prayer was delivered by Rev. Roy Forward of the Christian Missionary & Alliance Church of Delray Beach. 2.-. The 'Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of t'he regular Council meeting of January 28, 1974, ahd the special meeting of February 4, 1974, were approved unanimously on motion by Mrs. Krivos and seconded by Mr. Randolph. 4.._a. Mayor Scheifley reported Mr. Flatley of the Regional Planning Council had contacted him and stated there would be a meeting of the Regional Planning Council on Wednesday, February 13, 1974, at 9:00 A.M., Schraft's Inn, Sunrise Boulevard, Ft. Lauderdale. The subject of the meeting is Mass Transportation. The City Manager stated a representative of the City of Delray Beach is scheduled to attend. 4__.b.:. Mayor Scheifley read a Proclamation proclaiming the week of March 25 through Narch 31, 1974, as Delrai' ~ P. clco ~' ~p ...... ~ by the Delray Beach Beta Iota Chapter of Beta Sigma Phi and the Delray Beach Civitan Club. The proclamation was received by Mr. Curt Caudi!l, President of the Delray Beach Civitan Club, who thanked the City Council for their support and stated the monies from the rodeo were designated · . for scholarships, pony leagues and a hemophiliac hospital. Mr. Caudi!l introduced ~.~ , .,rs. Nancy Mires Chairman of the Rodeo for the Beta Iota Chapter of Beta Sigma Phi. 5.a. Mr. John Pitts, 237 Seacrest Lane, Delray Beach, spoke from the floor concerning a traffic problem and ensuing accidents caused by left turns at U. S. 1 and Atlantic Avenue. The northbound highway has no traffic lights to slow traffic prior to reaching the center of to~{a. Mr. Pitts suggested the possibility of several traffic lights south of Atlantic Avenue to alleviate the problem. Mayor Scheifley stated Ehe Department of Transportation had previously refused to install a traffic light on SoE. 2nd Street and northbound Federal since the installation could be justified in the winter, but not in the summer. The matter was referred to the City Manager.. 5.b. Mr. Herbert Bernenko, 1225 So. Ocean Blvd., Delray Beach, spoke from the floor questioning the status of the stUdy ~nd recommendaticns of the League of Women Voters concerning the revision of election laws. ,.,~'~-'~c~ for a 'ruling from the The city Attorney stated the City was ........ ~ Supreme Court of Florida on a test case involving the Home Rule Act. This ruling would clarify the constitutionality of action taken by citi~_. Mayor Scheifley asked the City Attorney what the status of legislation was to create uniform election laws. The City Attorney replied no dates have been established. It was ascertained when the' ruling from the Supreme Court was handed down, the City Charter would have to be changed. 25O 6.a. The City Manager stated the following bids have been received for construction of a sand retention wall on the beach: BIDDER BID Hawkins & Mouw, Inc. $142,955.06 Webb General Contracting, Inc. 156,204.90 A. M. & J. Construction, Inc. 172,588.25 The City Manager stated the project was discussed at a workshop meeting on February 4, 1974, at which time the City Administration, the City's consulting engineering firm representative and a representa- tive of the city's landscape architectural firm made presentations to the City Council explaining the contemplated wall and landscaping for the beach. He further e:.tp!ained in the following week, three memoran- dums were presented to the City Administration: one from the City Engineering Department; one from the Beautification Committee; and one from the Delray Beach Chamber of Commerce. Mayor Scheifley dete~]ined from the City Attorney it was proper to hold open discussion on the matter after a motion had been made and seconded. Mrs. Krivos made a motion not to construct the wall at the present time, seconded by Mr. Randolph. Mayor Scheifley opened the meeting for discussion from the floor. The following persons made presentations or posed questions: Mr. Irwin Kresser, 234 N~E. 17th Street; Dr. William A. Mudge, 911 Bolender Drive; Mr. Oral C. Craft, 36 So. Ocean Blvd.; Mr. Jack Pitts, 237 Seacrest Lane; ,.~. Jo]~ii ~ . -.- m ....... ~ ~ ,..~- ~.~.--] .... ~ ~ So. Ocean Blvd.; Mr. George Aspinwal!, 942 Tropic Blvd.; and Mr. Q. R. Boerner, 14 N.E. 7th Street, all of Delray Beach. Council discussed the project at length in conjunction with the speakers from the floor. The major points discussed are detailed below.- No guarantees can be offered by the City Administration or any construc- tion or engineering firm in the world that the construction of the wall will succeed in its intended purpose. A possibility exists that it could be washed out in a storm or by beach erosion. City engineers and pro- fessional engineering firms estimate the wall will probably collect and hold 80~o to 90% of the sand blowing in a 30 mile per hour wind from an easterly direction. Drainage will be completed either in conjunction with the wall or in a separate project, the cost to be borne by the Department of Transportation The snow fence is proving effective at the present time which would allow time for Council to study alternative~ and possibly erect a test wall. ~o major methods of destruction of the wall exist; one - water hitting the wall could erode and gouge out the beach and subsequently the wall, and 2 - natural erosion could occur which could, in turn, destroy the wall with an undermining effect'. These are considered possibilities - not probabilities. It is believed no two places on a coastline would have al~ conditions existing that are identical which eliminates the possibility of studying another area with the same problem. The natu.ral dune li~e has be'en destroyed and sand wt~ich is not normn.lly found on Florida beaches has been pumped in, there- by negating the possibility of allowing natural landscaping to grow and prevent the loss of sand. The beach will require cons~qnt maintenance. Many people who have requested the design of the beach in Deerfield Beach be duplicated here were in~ zurmed the conditions encountered in Deerfield Beach are not applicable in Delray Beach and that City Manager Mariott designed and engineered the beach in Deerfield Beach. Mr. '-2-- 2-11-74 251 Turner, the landscape architect, stated he had designed the wall in conjunction ~.~J. th landscaping. A test w~].l ~/ould rec~uire engineeri~7 study and new planning. The possibJ..!i%~, of proceeding with landsca~ping and the installation of a sprinkler,~.,~' .... ~ ~,,here the revetment exists on the north beach was discussed. This, too, would require new plans. The primary purposes of the wall are: 1 - to retard the blowing of sand; and 2 - to provide backing for the landscaping. It was the con- sensus of Council that a need exists to disseminate information.to the citizens of Delray Beach concerning the plans for the retardation of sand and to solicit the support of the citizens inasmuch as possible. A need to maintain the unanimity in the project which has prevailed to this point was expressed. It was decided to study and research the project further, and the motion made by ~rs. 'Krivos was passed unani- mously. 7.a. The City Manager stated a communication has been received from the Community Child Care Center of Delray Beach, Inc. requesting' per- mission to solicit ~und~ b~etween February 24 and March 2, and between April 1 and April 6, 1974, approval of which has been recommended by the Solicitations Committee. Mr. Saunders moved approval be granted for the solicitation, seconded by Mrs. tlrivos. The motion passed unanimously. Mayor Scheifley read a Proclamation proclaiming the week of February 24 through March 2, 1974, as Community Child Care Cen'ter Week in Delray Beach. Mrs. Phyllis H. Carey, President of the Child Care Center, expressed appreciation to the Plsyor for the Proclamation and stated that a home for the Center has been offered.. The funds raised will be used for renovations. 7.b.~-~.~ k~n~.~~"~rictt _~,~=.=~=~ a r~c-~_-~s~-~ has.. the zoning of 4.63 acres of land in the northwest quarter of Section 18-46-43, on the west side of Congress Avenue between Lake Ida Road and Atlantic Avenue, be changed from R~.i-15 (I4ultiple Family Dwelling) to SC (Specialized Commercial). ~e request was made by Henry V. Howley. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Iqr. Weekes moved for referral to the Planning and Zoning Board, seconded by i~irs. Krivos, said motion passing unanimously. 7.c~ Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for its January 2, 1974 meeting. 7.d. The City Manager stated a petition has been received for annexa- tion', subject to SC (Specialized Commercial) zoning of 6.8751 acres in the northwest quarter of Section 29-46-43, on the south side of Linton Boulevard between ~ippoorwJ. ll Road and Egret Circle. The petitioner is Mr. John K. Brennan. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Saunders moved for referral to the Planning and Zoning Board, seconded by Mr. Randolph, said motion passing unanimously. '.7..e. City Manager Mariott stated a petiti'on has been received for annexation, subject to R~.-15 (Multiple Family Dwelling) of 10.108 acres being the i~]V~ of the ~]'[~ of she SW~ of Section 29-45-43 on the north side of Audubon Boulevard between 1-95 and Robin Road, the petitioner being Mr. John K. Brennan. It is recommended the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Randolph moved for referral to the Planning and Zoning Board, seconded by Mr. Saunders, said motion passing unanimously. -3- 2-11-74 252 7. f. The Ci{:y Manager reported a petition has been received .for annexa- tion, subject to SC (Specialized Com~nercial) zoning of 1.8058 acres in the north quarter of Section 29-46-43 on the south side of Linton t]oule- vard between Germanto,~m Road and 1-95, petitioner being Mr. John K. Brennan. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mrs. Krivos moved for referral to the Planning and Zoning Board, seconded by Mr. Weekes, said motion passing unanimously. 8.a. The City Manager presented Resolution No. 8-74. A RESOLUTION OF ~HE CITY CO~CIL OF THE CI~ OF DELILAY BEACH, FLORIDA, A?~NDING T}~' COMPREHENSIVE PI~N FOR THE ZONI_~G OF ~ CI~f OF DEL~Y BEACH BY CHANGING TO C-1 CLASSIFICATION THE AREA BO~ED BY N.E. 8TH STREET ON ~ SOUTH, NORTHBOUi~ FEDEP~L ON TI'~~.~'°mo.~, Th~ NORTI-IERNbiOST LIN~ OF Ti~ CI~'S ~' zTM ~ .NORTH AND ~zt~E FLOR~A RESZ. R%m ANNEXATION AREA ON .... EAST COAST ~liLROAD RIGHT-OF-NAY ON Tt~ WEST. (Copy of Resolution No. 8-74 is attached to the official copy of these minutes.) City Manager Mariott stated this resolution was discussed by Council at its January 21st workshop meeting and Council authorized advertising the change in %he Future Land Use Mep. This resolution amends the Future Land Use Map of the City by changing to C-1 classifi- cation the area bounded by N.E. 8th Street on the south, northbound Federal Highway on the east, the northernmost line of the City's Reserve Annexation Area on the north and the Florida East Coast Railway right- scheduled to be held on this matter prior to consideration of Resolution No. 8-74 as recommended by the Planning and Zoning Board. A Public Hearing was held, having been legally advertised in compliance with ~he laws of the S~ate of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Weekes moved for passage of Resolution No. 8-74, seconded by Mr. Saunders; however, Mr. Weekes questioned the fact that the zoning recommended by the Planning and Zoning Board does not accommodate some of the existing uses which are presently non-conforming. He recommended future consideration of another change in this mat%er. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Saunders - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Ordinance No. 7-74. ~ O~IN~CE OF T[~ CITY CO~CIL OP ~E C!~ OF · DEL~tY BEACH, FLORIDA, P~ZONiNG A~ P~ICtNG APPROXIMATELY 71 ACRES OF ~ LO~TED IN THE OF SECTION 12, TOWNSHIP 46 SOUTH, ~tNGE 42 EAST, A~ MILITARY T~IIL !N "~.~-6 MULTIP~ FAMILY DIALLING DISTRICT", A~ ~.~ING "ZONING ~P OF DEL~Y BEACH, PLOR~A, 1972". -4- 2-11-74 253 ~ne City Manager stated that Council authorized the drafting of this ordinance at its last regular meeting. The ordinance provides for the rezoning of approximately 71 acres located in thc Southwest quarter of Section 12-46-42, lying south of Lake Ida Road between Bar- wick Road and Military Trail. The City Manager recommended passage on first reading. Mrs. Krivos moved for passage of Ordinance No. 7-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Randolph- Yes; Mr. Saunders- Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Ordinance No. 8-74. AN OP~INANCE OF THE CI~ COL~ICIL OF THE CITY OF DELP~Y BEACtt, FLOR~A, ANNEXING TO THE CI~ OF DEL~Y BEACH CERTAIN ~ANDS LYING IN THE SOUTHEAST QUARTER OF SOUTb]'~ST QUAP. TER OF SECTION 4, TOI*~SHIP 46 SOU~H, ~NGE 43 EAST, ~'.'~?'~r.~ . ~.~ L%iYDS ARE CONTIGUOUS TO EXISTING ML~qICIPAL LIMITS ON SAID CIS~; REDEFINING T~ BOQI~ARIES OF SAiD CI~f TO INCLUDE SAID LANDS: PROVIDING FOR TiiE RIGHTS AND OELIGATIONS OF SA~ L~z%~S; AN~ PROV~ING FOR Tt-~ ZONING THEt~OF. City Manager Mariott stated this ordinance concerns the annexing of property on the west side of North Federal Highway, south of Bermuda Lane, adjacent to and north of Hauser Dodge, lying in the of Section 4-46-43. Mr. Weekes moved for passage of Ordinance No. 8-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders -' Yes; Mr. Weekes .-Yes; Mayor Scheifley- Yes. ~.~a TheC~%~,' ' M~.n~.ger reported fhae eR~ Planning ~:,~-~ ~on~ recommended by unanimous vote the site plan approval of the New Jerusa- lem Spiritual Church on Lots 8, 9, 10, 11 and 12, Block 4, Atlantic Park Gardens, located at the northeast corner of the intersection of S.W. 3rd Street and S.W. 13th Avenue. ~nis site plan was reviewed by Council at its February 4th workshop meeting, at which time objections were voiced. Mr. John Smith, Jr., 221 S.W. 13th Avenue, Deiray Beach, spoke from the floor objecting to the construction of the church based on the church density in this particular section of the city, there presently being four churches in the area. He felt that there could be more concern, but due to the fact that many of the residents of that area are elderly and of deep religious beliefs, 'they are either unable to or unwilling to voice objection. Discussion ensued concerning the noise factor and parking with an additional church in the area. Council members sta~ed other areas in the City had a higher church density than the area under discussion. Reverend Rollis Taylor, Hollywood, Florida, representing the church in question, a spiritual Baptist Church, defined it as a healing church and one which does not utilize tambourines, drums or horns. It was determined the parishioners would come from the surrounding area. Mrs. Krivos moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Saunders, said motion passing unanimously. 10.a. The following Bills for Approval were unanimodsly approved for pa~i,=nt on motion by Mr. Saunders, seconded by Mr. Weekes. General Fund ............. $302,623.25 Utility Tax Fund ........... 4,850.00 Beach Restoration Fund ........ 12,107.16 Federal Revenue Sharing Fund ..... 4,000.00 -5- 2-11-74 254 10.b. City Manager Mariott recommended that Council request the County to consider that portion of Congress Avenue between Atlantic Avenue and $.W. 10th Street a County road. Mr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. The meeting was adjourned at 9:25 P.M. City Clerk AP'PROVED: -6- 2-11-74 254A RESOLUTION NO. 8-74. A RESOLUTION OF THE CITY COUNCIL OF THE CI~f OF DELRAY BEACH, FLORIDA, AMENDING THE COMPRE- HENSIVE PLAN FOR THE ZONING OF THE CITY OF DELRAY BEACH BY C~ANGING TO C-1 CLASSIFICATION THE AREA BOUNDED BY N.E. 8TH STREET ON THE SOUTH, NORTHBOUND FEDERAL HIG~AY ON THE EAST, THE NORTH- ERNMOST LINE OF THE CITY'S RESERVE ANNEXATION AREA ON THE NORTH AND T~ FLORIDA EAST COAST RAIL- ROAD RIGHT-OF-WAY ON THE WEST. WHEREAS, the Planning and Zoning Board, after two months of investigation, has recommended an amendment to the Comprehen- sive Plan; and WHEREAS, City Council has reviewed the proposed amendment at workshop; and WHEREAS, City Council authorized the City Clerk to publish notice for two weeks for a Public Hearing to be held before adoption of the amendment; and WHEREAS, the City Clerk published notice on January 31,and February 7, 1974, of the Public Hearing; and WHEREAS, City Council held a Public Hearing pertaining to the amendment on February 11, 1974, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows.: Section 1. That the Land Use Map dated August 1970 be changed to show the area bounded by N. E. 8th Street on the South, Northbound Federal Highway on the East, the northernmost line of the City's Reserve Annexation Area on the North, and the Florida East Coast Railroad right-of-way on the West, is in the C-1 Limited Commercial District. Section 2. That the Planning Director is authorized to make such correction to the Land Use Map of August 1970. Section 3. This Resolution shall become effective immediately on passage. PASSED AND ADOPTED in regular session on February 11, 1974. , ATTEST: City Cler~ -'- // -