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03-11-74 265 MARCH 1]~ ]974 A regular meeting of the City Council of qhe City of Delray Beach, Florida, was held in the Council Cha~Qoers at 7:30 P.M., Monday, March 11, 1974, with. ~ayor James H. Scheifiey presiding, City Manager Jo Eldon Mariott, Acting City Attorney John Ross Adams, and Council members Grace S. Krivos, David E. Randolph~ and J. L. Saunders present. City Attorney G. Robert Fellows and Vice-Mayor Leon M. Weekes were absent. The opening prayer was delivered by Rev. Wallace Mast of the Church of the Palms of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular Council meeting of February 25, 1974 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Saunders. 4.a. Mrs. Krivos asked that Mr. or Mrs. VanEs of High Point speak to Council concerning commendation of City employees. Mr. Cornelius VanEs, 452C High Point Drive, Delray Beach, related an incident which occurred on the beach and demonstrated the efficiency and ability of the lifeguards in an emergency situation. 4.b. Mayor Scheifley read a Proclamation proclaiming the week of March 17 through 24, 1974, as International DeMolay Week sponsored by the De!ray Lodge No. 171~ F. & A~ M., Seacrest Chapter, Order of DeMolay. Mr~ Alvin I~, Kurtz, Chapter Advisor, accepted the Proclamation and in- troduced Mr. Richard L. Senff, ~II, Master Councilor, Mr. Sal M. Polli- frone, Senior Councilor and Mr. David S. Senff, Junior Councilor. 5.a. Mr. Irwin W. Kresser, 234 N.E. 17th Street, Delray Beach, spoke from the floor complaining about the lack of trash pick-up in the City and residents placing their trash on the streets too far ahead of pick-up time. Mayor Scheifley stated plans were being formulated for designated dates for trash pick-up. 6.a. City Manager Mariott stated it is recommended that Council auth- orize final payment be made to C. F. Bean Company in the amount of $14,000 for the beach restoration project. All requirements have been met to the satisfaction of the City and the County. ~lr. Saunders so moved, seconded by Mr. Randolph, said motion passing unanimously. 6.b. The City Manager stated four items were to be considered in connection with the section of the beach adjacent to the waffle type revetment, said items designed to minimize the problem of blowing ssnd on the beach. A meeting was held recently with the City Administration, the Landscape Architect, the City's Consulting Engineer and representa- tives of the City's Beautification Committee, the result of which meeting are the following four items: 1 - clean up the areas by removal of excess sand both west of the snow fence and in tb~ vicinity of the snow fence; 2~ - grass an experimental section 1,000 feet in length west of the snow fence; 3 - maintain the existing snow fence; and 4 - purchase additional snow fence for possible future emergency use. The Beautifi- cation Committee suggested a beach ecologist be retained; Dr. Manley L. 266 Bess, a faculty member of Florida Atlantic University, was contacted and he suggested t-Iawaiian Seagrapes be used instead of grass. Mr. Turner, the landscape architect, and Dr. Doss agreed to utilize 500' of grass and 500' of Hawaiian Seagrapes in the experimental section. The exact location of the experimental section is yet to.be determined. The City Manager recommended Council approve the pl-nnting of the 1,000' on the north beach without desi_qnating the proportion of grass and seagrapes. The City Manager stated the planting would be negligible in cost. Mr. Saunders moved to follow the four recommendations as outlined and modified by the City Manager, seconded by Mrs. Krivos, said motion passing unanimously. 7.a. The City Manager stated a request has been received from Mrs. Sandra Werther of North Palm Beach for Transfer of Certificate of Public Convenience and Necessity now held by Herschel A. and Alverna F. Donald- son under the name of Delray Beach Taxi for five taxicabs in the City. City Manager Mariott stated an investigation was made and nothing detrimental was found with regard to Sandra Werther. It is recommended that Council approve the transfer of the outstanding Certificate from the present holders to Sandra Werther. Discussion ensued concerning the qualifications of ~!rs. Werther and her experience in the transportation business. It was determined that Mrs. Alice Bent, the present Manager of Delray Beach Taxi, would manage the business and that Mrs. Werther does not have experience in this business. Mrs. Werther plans to move into this area, and also plans to provide emergency equipment with trained personnel. Mr. Saunders moved to approve the Transfer of Certi- ficate of Public Convenience for the operation of five taxicabs to Mrs. Werther, seconded by Mr. Randolph, said motion passing unanimously. 7.b. City Manager Mariott stated Mrs. Sandra Werther, in conjunction with her request to cperate a Taxicab Du~iness in Deiray Beach, is requesting a Certificate of Public Convenience and Necessity to allow her to add three additional taxicabs to the existing five already in operation. A Public Hearing must be held on this request at the next regular Council meeting on March 25th. The other Taxicab license holders will be notified by the City Clerk's office of the scheduled Public Hearing. Mr. Saunders moved the Public Hearing be held at the next regular Council meeting, seconded by Mrs. Krivos, said motion passing unanimously. 7.c. The City Manager stated a request has been received for annexa- tion of 7.34 acres of land, the W~ of Lot 22, less 1-95 right-of-way, Subdivision of Section 20-46--43, south side of S.W. 10th Street between 1-95.right-of-way and Tangelo Terrace subject to MI Medium Industrial Zoning. The annexation has been requested by Mr. Elwin G. Moody. It is recommended the request be referred to the Planning and Zoning Board for study and recommendation. Mrs. I~rivos so moved, seconded by Mr. Randolph, said motion passing unanimously. 7.d. City Manager Mariott reported the City is in receipt of a letter from the Delray Beach Chamber of Commerce for approval of the 1974 Delray Affair. It is requested the City allocate~$200 to be used for a band concert in the City Park. It is recommended the $200 be taken from the General Fund Contingency Account. Mr~ Sau~ders suggested the AtlantJ. c High School Band give a concert in the park to enabl= them to raise money. Mr. Ken Ellingsworth, President of the Chan~er of Commerce, stated the Chamber gives scholarship funds to the Atlantic High School Band for participating in the Delray Affair program. It was decided to ask the Delray Affair Committee to consider the suggestion for using the Atlantic High School. Band. Mr. Saunders moved to approve the dates 3-11-74 267 of April 19th and 20th for the Delray Affair and that the City carry out the program requested of it with the suggestion that the Atlantic High School Band be substituted for anokAer 'band, if possible, with the said $200 to come from the General Fund Contingency Account, seconded by Mr. Randolph, said motion passing unanimously. 7.e. The City Manager said the City was in receipt of a letter from the County requesting an extension from March 22, 1974 to March 22, 1975, of the County's permit for use of a mobile home for snack bar purposes at the South County Courthouse Annex located at 345 South Congress Avenue. It is planned to move the snack bar into the future expansion of the Annex building; the plans for this addition are ready for bid. Mr. Randolph moved to extend the permit for the mobile home at the South County Annex for the stated dates, seconded by Mr. Saunders, said motion passing unanimously. Mayor Scheifley read a letter from Senator Gu~ney who stated negotiations are under way to complete the S'he~zart Arms Development or a formal work stoppage will be declared by the Department of Housing and Urban Development. Copies of the letter will be distributed to Council. 7.f. city Manager Mariott reported the City Beautification Committee has requested Council to appropriate $100 for the purchase of seed, plants and related items in connection with the 1974 Delray Affair. Mrs. Krivos moved the $100 be granted to the City Beautification Com- mittee for the Delray Affair, the money to come from the appropriated funds of the Parks and Recreation Account, seconded by Mr. Saunders, said motion passing unanimously. 8.a~_ The City Manager presented Resolution No. 10-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DIRECTING CONFOPJ'4ANCE THE STATE COM~qUNICATIONS PLAN BY THE CI%~f ~,~ANAGER. (Copy of Resolution No. 10-74 is attached to the official copy of these minutes.) The City Manager recommended Resolution No. 10-74 be adopted directing conformance with the State Communications Plan which will grant the City $5,513 in LEDA matching funds for the purchase of communi- cations equipment. Mrs. Krivos moved for the passage of Resolution No. 10-7.4, seconded by Mr. Saunders. Upon roll call, CounCil voted as follows: Mrs. Krivos- Yes; Mr. Randolph-No; Mr. Saunders- Yes; Mayor Scheifley - Yes. The Resolution passed with a 3 to 1 vote. 8.b. Mayor Scheifley announced Resolution No. 11-74 relative to the purchase of land on the beach would not be considered at this meeting. 8.c. The City Manager presented Resolution No. 12-74. A RESOLUTION OF THE CITY coLrNCIL OF THE CITY OF DELRAY BEACH, FLORiDA, AUTHORiZiNG A CON'iRACTOR TO CONSTRUCT STOP~ DRAINAGE LOC~.TED AT S.W. 9TH AVENUE AND S.W. 1ST STREET AS PER DRAWING NO. 59-64-9A, JANUARY 4, 1974. (Copy of Resolution No. 12-74 is attached to the official copy of these minutes.) --3-- 3-11-74 268 City Manager Mariott recommended Resolution No. 12-74 be adopted which would award a contract 'to Carr Soil and Sod-Driveways for installation of drainage facilJ, ties in the vicinity of S.W. 9th Avenue and S.W. 1st Street for the bid amount of $4,227.60. These funds will be taken from the Southwest Drainage Bond Issue Fund. The City Manager reported the Southwest Drainage Project is effecting the desired results. Mrs. Krivos moved for passage of Resolution No. 12-74 with the money to come from the Southwest Drainage Bond Issue Fund, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Resolution No. 13-74. A RESOLUTION OF ~tE CITY CO%~CIL OF THE CITY OF DELRAY BEACH TO T~ STATE OF FLORIDA DEPARTMENT OF NA'~JP~I, P~SOURCES REQUESTING FD~S IN THE AMOUNT OF $1711791 FOR BEACH RESTOKkTION. (Copy of Resolution No. 13-74 is attached to the official copy of these minutes~) The City Manager recommended Resolution No. 13-74 be adopted which requested the State to reimburse the City for $171,791 which would be added to the $175,000 the City has already received from the State. Additional monies are expected from the State for the beach project which would make the State's total participation approximately $550,000. City Manager Mariott stated the City is not yet in a position to request funds from the Federal Government. Mr. Saunders moved for the passage of Resolution No. 13-74, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes;,Mayor Scheifley - Yes. 8.e. The City Manager presented Resolution No. 14-74. A RESOLUTION OF THE CI~f COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING A~ ABAndONING ALL EASEmeNTS AS SHO~FN ON LOTS 5A- 6A - 7A - 8A- 9A - 10A - i!A - 12A, OF REPLAT OF LOTS 17 - 31, INCLUSIVE, OF TROPIC PALMS, PLAT NO. 1, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 14-74 is attached to the official Copy of these minutes.) A sketch was shown depicting the location of the easements requested for abandonment by the Gold Coast Church of Christ, Inc. The easements are located in Tropic Palms in the block surrounded by Avocet Road, Bluebird Drive and Brant Drive, being Lots 5A, 6A, 7A, 8A, 9A, 10A, llA, 12A of Replat of Lots 17 through 31, inclusive, of Tropic Palms, Plat No. 1. It is recommended Resolution No. 14-74 be adopted contingent upon receipt of "no objection" letters from Southern Bell Tel. & Tel. Co., Florida Power and Light Company, and Florida Public Utilities Company. Thc only letter not received to date is from Florida Power and Light Company. Mrs. Krivos moved for the passage of Resolu- tion No. 14-74 subject to receipt of a "no objection" letter from Florida Power and Light Company, secon.~ed by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. -4- 3-11-74 269 8.fo The city Manager presented Ordinance No. 7-74. AN ORDINANCE OF ~ CITY CC%~C.~:L ©F THE CITY OF DELRAY BEACH, FLORIDA, REZCI~i~¢~ A~ PLACING APPROXI- MATELY 71 ACRES OF LASflD LOCATED IN TIE SW¼ OF SECTION 12, TOWNSttIP 46 SOU%~, RANGE ~..2 EAST,' LYING SOUS~ OF LAKE IDA ROAD BETWEEN BARWICK RODflD A~D MILITARY TRAIL 'IN "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", AND AS~E~0ING "ZONING MAP OF DELRAY..BEACH, FLORIDA, 1972". (Copy of Ordinance No. 7-74 is attached to the official copy of these minutes.) A sketch was shown depicting the 71 acres of land being consi- dered for rezoning from R/q-10 to RM-6, lying in the SW~, of Section 12-46-42. A Public t!earing was held, havin~ been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Deiray Beach. .There being no objections, the Public Hearing was closed. Mr. Saunders moved for the adoption of Ordinance No. 7-74 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. ..8.g. The City Manager presented Ordinance No. 8-74. AN ORDINANCE OF T}tE CITY COUNCIL OF THE CITY OF DELP~AY BEACH, FLORIDA, AI~/EXING TO T~E CITY OF DELRAY BEACH CERTAIN IJLNDS LYING IN THE SOUTHEAST QUARTER OF SOUI~EST QUARTER OF SECTION 4, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, ?~ICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUATDARIES OF SAID CITY TO INCLUDE SAID LANqDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 8-74 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance wou~d annex a parcel of land lying in the SE~ of the SW¼ of Section 4-46-43, west side of North Federal Highway, adjacent to and north of Hauser Dodge, subject to C-1 Limited Commercial District zoning. The applicant is R. J. Whitney Investment Corporation. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the adoption of Ordinance No. 8-74 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mr£0 Krivos - Yes~ Mr. Randolph -~ Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. -5- 3-11-74 270 8.h. The City Manager presented Ordinance No. 14-74. AN ORDINANCE OF TP!E Cl?f COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO %~E CITY OF DELF~.Y BEACH' CERTAIN i~ANDS LYING IN SECTIONS 7 AND 8, Tf)~[SHIP 46 SOUTH, RANGE 43 EAST, ?~tICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING ~{E BOU_NqDARIES OF SAID CITY TO iNCLL~DE SAiD LA~S; AND PROViDING FOR THE ZONING THEREOF. City Manager Mariott stated the applicant, Mr. Melvin Muroff, is requesting annexation of 52 acres lying in Sections 7 and 8, Town- ship 46 South, Range 43 East, north of Lake ida Road between Congress Avenue and the SCL Railroad. The property will be subject to RM-15 zoning. Mrs. Krivos moved for the passage of Ordinance No. 14-74 on first reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Randolph -Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 15-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORiDA, AMENDING SUBSECTIONS 13-4 (f) (2) PERTAINING TO FEES FOR ROUGH WIRING OUTLETS AND FIXTURES AL~ 13-4 (g) (2) PERTAINING TO THE ALLO~ANCE OF ROMEX AND EMT IN ONE- AND TWO-FAMILY RESIDENCES OF CHAPTER 13 "ELECTRICITY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED; REPEALING ALL ORDINANCES OR PARTS OF ORDI- I~ANCES IN CONFLICT ~-EP~WITH; PROViDiNG A SAVING CLAUSE. City Manager Mariott stated this Ordinance modification has been recommended by both the City Administration and the Electrical Board of Examiners for two reasons: 1 - to up-date the City's fee schedule; and 2 - to make it possible to use certain materials in con- nection with the electrical trade that are now prohibited by the present code. Mr. Randolph moved for the passage of Ordinance No. 15-74 on first reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. 8.j. The City Manager presented Ordinance No. 16-74' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING SUBSECTION 4-4 (a) PERTAINING TO CONSUMPTION AND SAI,~, OF BEER AND WINE IN RESTAURANTS CONTAINING 50 SEATS, OF CHAPTER 4 "ALCOHOLIC BEVE~mAGES'' OF THE CODE OF ORDINANCES OF TPIE CITY OF DELRAY BEACH, AS. AMEL~DED; REPEALING ALL ORDINANCES OR PARTS OF ORDINT~NCES IN~ CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. City Manager Mariott stated this Ordinance would permit the sale of beer and wine in restaurants serving full course meals and havinj a minimum of 50 seats at tables even though there is another place of business selling alcoholic beverages in the same block. -6- 3-11-74 271 Mr. Saunders moved that Ordinance No. 16-74 be placed on first reading, seconded by Mr. Randolph. Mrs. Krivos expressed her opposition to the Ordinance. Upon roll call, Council voted as follows: Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Saunders - Yes; Mayor Scheifley - Yes. The Ordinance passed with a 3 to 1 vote. 9.a. The City Manager stated the Plannin~f and .Zoning Board recom- mended by unanimous vote at a meeting held on February 26, 1974, that Council approve a modification of the site plan of Section 3 of the High Point Development. The modification involves an additional access-- way into Section 3 of High Point. Mr. Saunders moved to approve the site plan modification for High Point, Section 3, seconded by Mr. Randolph, said motion passing unanimously. 9.b. The City Manager stated the Planning and Zoning Board recom- mended by a vote of 6 to 1 at a meeting held on February 26, 1974, that Council approve the site plan for construction of 171 units to be known as Delray Falls Townhouse~ Inc. The location is on Albatross Road between Lindell Boulevard and Dotterel Road, being Lots 7, 8, 9, Section 29-46-4.3 and Tract "O", Tropic Palms, Plat No. 1. A sketch was shovm depicting the location. The City Manager stated Council had reviewed the site plan at the March 4th workshop meeting. The applicant is Mr. J. MacKenzie Venters. The following persons spoke from the floor against approval of the site plan as it presently exists: Mr. Carl Ruopp, 530 Linnett Circle; Mrs. Jean Robinson, 621 Linnett Circle; Mr. Stanley E. Simzer, 648 Kingbird Circle; Mr. J. J. Singer, 736 Heron Drive; Mr. Frank Ellis, 553 Jaeger Drive; Mrs. Carol Cox, 732 Heron Drive; and Mrs. Joanne Thielen, 526 Linnett Circle, all of Tropic Palms, Delray Beach. The primary objection expressed by each of the speakers is that all of the traffic for the development will enter and exit on Curlew Road, a narrow, residential street not designed for heavy traffic. The residents of Tropic Palms requested the developer create an addi- tional entrance and exit on Lindell Boulevard. Several alternatives to the presently planned traffic pattern were offered by the residents such as use of Dotterel Road, development of a road paralleling property involved, placing a road through the proposed park (planned for the Sanitary Land Fill property), the possibility of closing Curlew Road to all traffic except for emergency purposes, continuation of Swinton Avenue southward, extension of Dotterel Road east, and installation of a traffic light at Lindell Boulevard. Council pointed out that the original request by the residents of Tropic Palms for an additional entrance to the property has been complied with and the objections raised at this meeting are in addition to the original request. It was ascer- tained that the median strip on Lindell Boulevard would have to be modified to permit both easterly and westerly ingress and egress from the property. This modification would be at the cost of the developer and the feasibility of such action will be investigated by the City Administration. The City Manager agreed to continue follow-up on the traffic light at Lindell Boulevard. Mrs. Krivos moved to sustain the suggestion of the City Manager to table the site plan until the next meeting to allow time to study the feasibility of cutting the median strip on Lindell Boulevard and to ascertain costs involved, seconded by Mr. Randolph. Mr. Venters, the architect, stated if the onl~ condition involved in approving the s~e plan is that the developer pay for the costs of cutting through the median strip on Lindell Boulevard, he would agree to pay the costs a~d stated he would furnish the City a letter to this effect. Mr. Randolph withdrew his.second and Mrs. Krivos withdrew her motion to table. Mrs. Krivos moved to approve the 3-11-74 272 site plan for Delray Falls To~house, Inc., contingent upon receipt of said letter from ~r. Venters, seconded by Mr. Saunders, said motion passing unanimously. ~e City Manager reiterated the action of Council is dependent upon the feasibility of altering the median strip on Lindell Boulevard and if it is determined the action is not feasible, the residents will be notified. 9oC. The City Manager stated the Planning and Zoning Board at a meeting held on February 26, 1974, recommended by unanimous vote that Council grant an extension of site plan approval for the Lake Colony Development from November 13, 1973 until September 13, 1974. The appli- cant is Yusem Properties of Florida, Ltd. Mr. Saunders moved the exten- sion be granted, seconded by Mrs. Krivos, said motion passing unanimously~ 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Randolph, seconded by Mr. Saunders. General Fund'. ............ $364,704.80 Water & Sewer Fund .......... 38,622.38 Cigarette Tax Fund .......... 21,787.50 Utility Tax Fund ............ 120,000.00 Improvement Trust Fund ......... 472.17 Beach Restoration Fund ......... 548,811.85 10.b.1. The City Manager stated he received a communication from the County Engineer's Office concerning beach erosion. The County Commission at a recent meeting authorized the firm of Arthur Strock & Associates, Inc. to make a county wide study of beach erosion. The County Engineer, after conversing with the City Administration, decided to make such a study at a later date; in the meantime, a briefing has been set up on the beach restoration program to be conducted by Arthur V. Strock & Associates and will be held in the County Commission Cha~mbers in the Palm Beach Courthouse at 10:00 A.M. on March 25th. The City Manager stated he would attend and invited any Council member to attend. 10.b.2. Mayor Scheifley stated Mr. Frank Farno, 242 S.W. 22nd Avenue, Delray Beach, contacted him concerning the Sabal Pines Condominium meeting which will be held on March 13, 1974, at 7:00 P.M. in Delray Beach Elementary School. He stated there are over 500 m~mbers and there would probably be over 100 automobiles in the vicinity. He re- quested the procedures necessary to obtain the services of a policeman to direct traffic. The City Manager stated he would handle the matter. 10.b.3. Mrs. Krivos thanked Mr. John Ross Adams for his attendance and advice as Acting City Attorney. 10.b.4. Mrs. Krivos reported it had been called to her attention that the zoning for home occupations has been raised from R-lA to R-1AA, which has resulted in numerous businesses such as contractors, etc. being operated from homes. She stated the Zoning Code provides for such businesses under Paragraph 29-4 (B) (2). Mrs. Krivos asked that this be discussed at a workshop meeting. The City Manager stated he will check 'on the named companies who are allegedly operating out of their homes. It was ascertained the ch~n~e in the ~oning Code was not intended to allow contractors, etc. to ~all in this category, and that it was orig- inally intended to apply to music teachers and similar home occupations. The meeting was adjourned at 9:48 P.M. M A Y '0 R -8- 3-11-74 272A RESOLUTION NO. 10-74. A~..J,>~,u~~7o~'~Tn~. OF THE CITY COUNCIL OF THE CITY ~T'D~F~ mT ~T~ OF DELRAY BEACH, FLORIDA ................ CONFOR- ~5ANCE WITH THE STATE COMHUNICA%'IONS PLAN BY THE CITY NP. NAGER. WHEREAS, the City of Delray Beach is to participate with the Bureau of Criminal Justice Planning and Assistance under Grant Number: 73-15-20, and ~',q~EREAS, -a subgrant award was made on February 19, 1974, and WHEREAS, the City of Delray Beach intends to con- form with the State Co~,unicaticns Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS That the City Manager is directed to conform with all requirements of the State Conmmunic~tions Plan. ~_~n~ AND =~~ ~':" ~' aa',; Of N~ ..l :,r ch .. ATTEST: City Clerk 272B RESOLUT i 0['~7 NO . ]. 2 -74 . A RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF DELP. AY BEACH, FLORIDA, AUTHORIZING A CONTP~ACTOR TO CONSTRUCT STOP2,I DRAINAGE LOCATED AT S.W.. 9TH AVENUE AND S.W. 1ST STREET AS PER DPt\WING NO. 59 - 64 - 9A, JANUARY 4, 1974. WHERF~AS, it is the recommendation of the City Manager that City Council, Action by Authority of Provision in Section 78 of the City's Charter, award a contract for the construction of storm drainage located at S.W. 9th Avenue and S.W. 1st Street in accordance with Plan No. 59 - 64 - 9A as furnished by Russell & Axon Consulting Engineers for the City of Delray Beach, Florida, and: WHEREAS, three requests for quotations from: Lauderdale Construction, Inc. No quotation Boynton Beach, Florida received Hardrives of De!ray, Inc. No quotation Delray Beach, Florida received Carr Soil & Sod--Driveways $4,227.60 Delray Beach, Florida WHEREAS, it is the City Council's opinion that the award of the contract would be in the best interest of the City. THEREFORE, be it resolved by the City Council of Delray Beach, F~urz~, as folio~s: 1. That said contract for construction of storm drainage on S.W. 9th Avenue and S.W. tst Street be awarded to Carr Soil & Sod-Driveways in view their quotation was the only one received, and in the opinion of the City of Delray Beach Engineering Office, to be a reasonable quotation in the amount of $4,227.60. 2. That this improvement shall be funded with money from storm drainage facilities for South West Area. PASSED AND ADOPTED in regular session on this llth day of March , 1974. ATTEST: / City Clerk 272C 'RESOLUTION NO. 13-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL?~%¥ BEAC}t TO T}IE STATE OF FLORIDA DEPA!~IT,!ENT OF i%;~TUi~L RE- SOURCES REQUESTING F[~R~UDS IN THE AMOUNT OF $171,791 FOR BEACH RESTOP~tTiON. WHEEEAS, the City of Delray Beach did, on the 26th day of June A.D., 1972, approve Resolution No. 32-72 recuesting the State to participate in the payment of. costs for restoration of the. beach in Delray .Beach, and WHEREAS, the Governor and Cabinet subsequently approved said request, and WIIEREAS, the State of Florida Department of Natural Re- sources has allocated monies from the Erosion Control Account in support of this project; and, WHEREAS, the City of Delray Beach has local support funds for this proj.ect; NOW ~-!EREFO?E BE IT ?_ESOI.V~.D, BY T[EE Cl__u~_~ C©Tj-Ex'_'[.CTT. n'~ q~rP CITY Ol" DELi~'Z BEACH, FLORIDA, AS FOLLO?;:S: That the City Council does hereby request that the Skate of Florida Department of Natural Resources, authorize payment from the Erosion Control Account in the General Revenue Fund of the State of Florida, the Sum of $171,791 as the State's con- tribution this fiscal year to the total cost of this project; the warrant for such payment to be made payable to the. City of Delray Beach. PASSED ANO ADOPTED, this l!th day of March A.D., 1974. ATTEST: City Clerk 272D t .... ~OLU.,. I~,,;~ NO 14-7~. ~:~.[iNREAS, .......... r:~.,~d C'oas{: GNu:cch of C.h_,z.~u., Inc., c,,.7.~r~.., ......... of Lots 5A - ~- r',-- ~.~ 17 - 31, in- 6A - /A - SA ~ c,~ .. ] .... .'~ -~ l].J'~ - !2A, o-F !l:~n~::t of Lo .... ~_~c ....~_~ ._~, ~-.h<~h '?.'::,~ ~. 1, Deity:tv..: .......... Florida, as _ _ ' " .~" P"~["~ ]..3,~:, ~O.].Li P-aC]) OC,klilty F!or/i_da, WHEREAS tho C ~ ~": .... ~ ]. , .... ., uounc_ deems it ~o he J.n the best interest of the Ciqy to abandon._Raid easemen~--,~ ~0~, ~:.~:~s:-O:,~,~n'~ IT RESOLViUD BY Tile CITY COUNCIL OP CiTY OF DELRAY BEACH, FLORIiIA, AS }: O~!~,,S: .... c ...... : Seve (7), Paraqraph Three (3), 1 That, pur~u:~.nb to S~ ' ' determined to vacate and aLandon the fo]_iov:in~ easements: All casemeats as shosa% en bets 5A - 6A - 7A- 8A - 9A - 10A -- ''' __. - .x .....~. oz Loks !7 31, innlusiva, of .... _ zrupz~ Pahns, Plat No. .b', Delrav Beach, ~:'lorida, as-' recorded in Pla% ~oo~, 25, Page 13d-, Palm Leach County, Florida Public Records. PASSED z-~ ADOPt. tiED in re~ular session on ~.azs the ]lth day Ma '~c'i-, 1974 /,/ M A Y 0 R ATTEST: 272E ORDINANCE NO. 7-74. 'AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF DEL, RAY BEACH, FLORIDA,, REZONING AND PLAC- ING APPROXI~'~TELY 71 ACRES OF LAND LOCATED IN THE SW¼ OF SECTION 12, TOWNSttIP 46 SOUTH, PJ~NGE 42 EAST, LYING SOUTIt OF LAKE IDA ROAD BETWEEN BARWICK ROAD AND MILITARY TRAIL IN "R/~I-6 MULTIPLE F~3~ILY DWELLI~[G DISTRICT", AND kMENDING "ZONIIqG ~'LAP OF DELR~Y }3EACH, FLORIDA, 1972". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY' BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "RM-6 Mul- tiple Fe. mily Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The Southwest Quarter (SW~) of the Southwest Quarter (SW~) of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS rights-of-way of record, SUBJECT to an easement 'over the East 20 feet thereof, AND The Sounhe~st Quarter (SE~) of the Southwest Quarter (SW%) of Section 12, Township 46 South, Range 42 East, LESS the East 750 feet of the South Half (S~) of the South Half (S~) thereof, Palm Beach County, Florida, LESS rights-of-way of record, SUBJECT to an easement over the West 20 feet thereof. SECTION 2. That the Planning Director of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on the s~cond and final reading on this the llth day of March , 1974. ATTEST: City Clerk First Reading F~ 1 1 ~74 - Second Reading March 11, 197~, 272F ORDINANCE NO. 8-74. AN ORDI?!:A~[CE OF THE CITY C~UNCIL OF THE CITY O~ DELRAY P~EACH, FLORIDA, A!{~]'EXI~G TO THE CITY OF DEL~LAY BEACH CERTAIN LANDS LYING IN THE SOUTHEAST QUARTER OF SOUT~5,~EST QUARTER OF SECTION 4, TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, WHICH LANDS ARE CO!,[TiG.UOUS TO EXISTINTG MUNICIPAL LIMITS OF SAID CITY: REDEFINING THE BOUNDARIES OF SAiD CITY TO INCLUDE SAID LANDS: PROVIDi~'G FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS: AND PROVIDI.~.[G FOR THE ZONING THEREOF. WHEREAS, J. R. Whitney Investment Corporation is the fee sim- ple owner of the lands hereinafter described~ and, · WHEREAS, J. R. ~'~itney Investment Corporation by Karl Ruben- stein, duly authorized agent, has petitioned and given permission for the annexation of said lands by the City of Delray Beach; and, W~{EREAS, the City of Delray Beach has heretofore been author- ized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; and, WHEREAS, the annexation of these ].ands hereinafter described, in the C-1 Limited Co~ercial District, has been recommended by the Planning and Zoning Board in action taken at its meeting held on No- vember 27, 1973. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delre~y Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lie con- tiguous to said City, to-wit: A parcel of land lying in the Southeast Quarter (SE~) of the Southwest Quarter (SW~), of Section 4, ship 46 South~ Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the East-West quar- ter section line of said Section 4 and the West right - of way line of State Road No. 5 (U.S. Highway No. t) as shown in Road Plat Book 2, on page 158, public records of Palm Beach County, Florida; thence North- easterly, along said West right of way line, a dis- tance of 22.75 feet to the beginning of a curve con- .cave to the East, said curve having a radius of 5,779.65 feet; ~thence' Northeasterly, along the arc of said curve, being also the said West right of way line of State 2oad No. 5, a distance of 157.25 feet; thence Northwesterly, making an angle with the chord of the precedino course of 87° 06' 53", measured from South to West, a distance of 180.98 feet to an intersection with the East right of way line of Old Dixie Highway; thence southwesterly, making an angle with the preceding course of 92° 05' 37", measured 272G from East to South, and a]on9 the said East right of way line of Old Dixie Highway, a distance of 200.00 feet to an intersection wit]] said ~East-West quarter Section line of Section 4; thence Easterly, making an angle with the preceding course of 81° 31' 25", measured from North to East, and along the said East-West quarter section line, a distance of 180.65 feet to the Point of Beginning. SECTION 2. That the boundaries of Zhe city of Delray Beach, Florida, are hereby redefined so ~as to include therein the herein- before described lands, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the lands hereinbefore described are hereby declared to be in Zoning District C-1 Limitecl Co~=mercial as defined by existing ordinances of the City of Delray Beach, Florida. SECTIO!,,~ 4. That the lands hereinbefore described shall imme- diately becon~,e subject to all of the frar~chises, privileges, im~uni- ties, debts, obligations, liabilities, ordinances and laws to which lands in t'he City of Delray Beach are nov; or may be, and persons re- siding thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on u,~= second~ final reading on the llth dg, v of March , 1974. City Clerk First Reading~ ~E~ 1 I ~974 Second Reading. March 11, 1974. -2-