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10-22-73 OCTOBER 22t 1973 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. on Monday, October 22, 1973, with Mayor James H. Scheifley presiding, City Manager Jo Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. The opening prayer was delivered by Rev. David Travis of the Unity Church 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 October 8, 1973, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4.ao Mrs. Krivos thanked the City for making available one of the rooms in the Adult Recreation Center for the taking of blood pressure of a number of senior citizens. 4.b. Mr. Youngblood stated he had received several calls concerning the Homecoming Parade held on Atlantic Avenue. He stated the calls were criticizing the black students and children who were riding bicycles and motorcycles in the path of the parade and suggested more police supervision be provided in the future. Council members stated they had observed this and agreed the problem should be corrected in order to prevent possible accidents to persons watching the parade. The matter was referred to the City Manager. 5.a. Mr. Ernest Schier spoke from the floor complaining about the location of the proposed parking lot south of Atlantic Avenue on A1A. Mayor Scheifley pointed out the parking lot is located south of Atlantic Avenue primarily because there is presently no land available north of Atlantic Avenue. Mr. Schier also complained about the proposed trash pick-up system, questioning the newspaper article stating the pick-up of trash would be handled by a private contractor in the future. Mayor Scheifley and the City Manager explained this information was premature since Council had not received all details of the proposed method of handling trash pick-up. Council members expressed their intention of thoroughly reviewing the proposal and determining whether or not it would be more beneficial to the City than the present system. Considerable discussion ensued concerning the proposed trash pick-ups in the City. City Manager Mariott stated he would obtain the necessary information as soon as possible and would present it to Council at workshop in order to determine what action should be taken. Mr. Schier then complained because he was not notified of the workshop meeting dealing with these problems. Mayor Scheifley and the City Manager stated it simply re- quires contact with City Hall to receive the date of the workshop meetings. They emphasized the public is invited to attend. 5.b. Mr. Erwin Kresser spoke from the floor complaining about the trash collection in Delray Beach. 6.ao The City Manager reported the term of Mr. Thomas E o Woolbright as a member of the Planning and Zoning Board expired on September 28, 1973. The term of the appointee will be five years, ending September 28, 1978. It was ascertained Mr° Woolbright would not be willing to accept reappointment to the Board. Mr. Weekes moved that Mr. Tore Wallin be appointed to replace Mr. Woolbright on the Planning and Zoning Board, seconded by Mrs. Krivos. Mr. Wallin was unanimously appointed as a member of the Planning and Zoning Board. Mayor Scheifley welcomed Mr. Wallin and determined that Mr. Wallin would tender his resignation as a member of the Board of Adjustment. 7.ao The City Manager presented a list of violations of Chapter 15 of the City's Code of Ordinances. It is recommended that the City Clerk comply with the abatement as provided in the Code. Mr. Youngblood so moved, seconded by Mr. Saunders, which motion passed unanimously. (Copy of Nuisance List is attached to the official copy of these minutes.) 7.b. The City Manager reported a request for annexation from Mr. Alphons Bach on Lots 4, 5, 6, 7, 8, 9, 13, 14; 15, 16 and 17, Block 5, Sophia Frey Subdivision, west side of Palm Trail north between N.E. 8th Street and McKee Lane, subject to RM-15 zoning. This would also include the abandoned alley adjacent to the described property. It is recommended the request be referred to the Planning and Zoning Board for study and recommendation. Mrs. Krivos so moved, seconded by Mr. Young- blood, said motion passing unanimously. 7.c. The City Manager reported a request for annexation has been received from the R. J. Whitney Investment Corporation on a parcel of land lying in the SE¼ of the SW¼ of Section 4, Township 46 South, Range 43 East, west side of North Federal Highway between North Federal and Old Dixie, adjacent to and north of Hauser Dodge. The request is for annexation subject to SC Specialized Commercial zoning. It is recommend- ed that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Youngblood so moved, seconded by Mr. Saunders, said motion passing unanimously. X. Mayor Scheifley interrupted the agenda to introduce the candi- dates who had filed for the City Council. Mrs. Krivos and Rev. Semmie Taylor were introduced. 7.d. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee for the meeting held on October 4, 1973. 7.e. City Manager Mariott stated Prentis S. Wilson, 129 S.W. 9th Avenue, has requested a gratis license for the operation of a lawn maintenance business. All City requirements have been met and it is recommended the license be approved. Mr. Saunders so moved, seconded by Mr. Youngblood, said motion passing unanimously. 7.f. City Manager Mariott reported that Mr. Charles Bleil who operates Bleil's Pro-Moto Cycles at 398 North Federal has requested that the City's zoning ordinance be amended with respect to the opera- tion of this particular type of business. It is recommended that this request be referred to the Planning and Zoning Board for study and recommendation. Mr. Weekes so moved, seconded by Mrs. Krivos, said motion passing unanimously. -2- 10-22-73 8.a. The City Manager presented Resolution No. 47-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AGREEMENT FOR A PUBLIC ROAD CROSSING AND SIDE- WALK CROSSING THE FLORIDA EAST COAST RAILWAY COMPANY PROPERTY OVER ITS TRACKS AT A POINT LOCA- TED 5088 FEET SOUTHERLY FROM RAILWAY'S MILE POST NO. 316, AS MEASURED FROM JACKSONVILLE, FLORIDA (S.Eo 1ST STREET). (Copy of Resolution No. 47-73 is attached to the official copy of these minutes.) The City Manager stated the installation of a new crossing across the Florida East Coast Railroad at S.E. 1st Street had been dis- cussed for quite some time. This resolution would authorize the execu- tion of an agreement between the city of Delray Beach and the Florida East Coast Railway for installation of the crossing. City Manager Mariott stated the anticipated total cost of the crossing would be approximately $140,000 to $150,000; this cost includes the cost of land, the installation of the crossing, the signalization of the crossing and installation of gates. All conditions involved are agreeable to both the City and Florida East Coast Railway with the exception of the cost of the right-of-way on the east side of the Florida East Coast tracks. The City has received appraisals of $4,400 and $4,500; Florida East Coast Railway is asking $35,000. The Department of Transportation has scheduled a public hearing on the City's request for said crossing to be held on October 25. City Manager Mariott recommended the mechanics of the transaction be continued by Council and passage of the Resolution authorizing the Agreement. The City Manager stated the City would be responsible for the entire cost of the crossing, plus the maintenance of the crossing. Mr. Saunders stated for about the last ten years, this project has been recommended, enabling one-way traffic on north 1st Street and south 1st Street, thereby alleviating some of the Atlantic Avenue traffic. Mr. Weekes asked the distribution of the $150,000 approximated cost and whether or not the passage of the resolution would bind the City to the purchase of the Florida East Coast property. City Manager Mariott stated $35,000 would be out of pocket costs, including signalization, etc°, and the bulk of the remaining amount would be to purchase two privately owned pieces of property on the west side of the crossing. He also stated Council should pass the resolution predicated on the City's commitment to pay the fair market value as determined by valid appraisals of the property in question. The City Manager further stated Florida East Coast probably would not oppose the request at the public hearing if a satisfactory arrangement concerning the cost of the property can be worked out. Mayor Scheifley stated he felt the Council should do everything possible to insure success on the project since the Downtown Development Authority has been supported wholeheartedly by Council. In answer to Mrs. Krivos' question, the City Manager stated it would cost approximately $500 a year to maintain the crossing. Mr. Saunders moved the passage of Resolution No. 47-73, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes -3- 10-22-73 8.b. The City Manager presented Resolution No. 48-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE BOARD OF COMMISSIONERS OF PALM BEACH COUNTY FOR THEIR OUTSTANDING SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. (Copy of Resolution No. 48-73 is attached to the official copy of these minutes.) Mr. Weekes moved for the adoption of Resolution No. 48-73, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weeke s Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.c. The City Manager presented Resolution No. 49-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING WILLIAM T. CARLTON AND THE BUREAU OF BEACHES AND SHORES, FLORIDA DEPARTMENT OF NATURAL RESOURCES, FOR THEIR OUTSTANDING SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. (Copy of Resolution No. 49-73 is attached to the official copy of these minutes.) Mr. Saunders moved for the adoption of Resolution No. 49-73, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weeke s Yes Mr. Youngblood Yes Mayor Scheifley Yes Mayor Scheifley informed the audience that Resolution Nos. 48-73 through 52-73 were commending persons and departments instrumental in getting the Beach Project passed. He read the Caption of Resolution No. 49-73 and explained all five resolutions read the same with the with the insertion of the persons involved. 8.d. The City Manager presented Resolution No. 50-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING COLONEL EMMETT C. LEE, JR. AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR ITS OUTSTANDING SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. (Copy of Resolution No. 50-73 is attached to the official copy of these minutes.) Mr. Youngblood moved for the passage of Resolution No. 50-73, seconded by Mr. Saunders. Upon roll call, Council voted as follows: -4- 10-22-73 Mrs. Krivos Yes Mr. Saunders Yes Mr. Weeke s Yes Mr. Youngb lood Yes Mayor Scheifley Yes 8.e. The City Manager presented Resolution No. 51-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE HON. PAUL G. ROGERS FOR HIS OUTSTANDING SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. (Copy of Resolution No. 51-73 is attached to the official copy of these minutes.) Mrs. Krivos moved for the passage of Resolution No. 51-73, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngb lood Yes Mayor Scheifley Yes 8.f. The City Manager presented Resolution No. 52-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING THE CITIZEN'S COMMITTEE ON BEACH RESTORATION FOR THEIR OUT- STANDING SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. (Copy of Resolution No. 52-73 is attached to the official copy of these minutes.) Mrs. Krivos moved for the passage of Resolution No. 52-73, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.g. The City Manager presented Ordinance No. 30-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SECTION 4-6 PERTAINING TO POSSESSION OF AN OPEN CONTAINER BEING PRIMA FACIE EVIDENCE OF CONSUMPTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 30-73 is attached to the official copy of these minutes.) -5- 10-22-73 The City Manager stated the Ordinance, if passed, would make illegal the possession of an open container holding alcoholic beverages. It was ascertained this Ordinance applies only in commercially zoned districts. 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. Mr. Weekes moved for the adoption of Ordinance No. 30-73 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.h. The City Manager presented Ordinance No. 31-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SECTION 1-6.1 PERTAINING TO A MINIMUM COURT COST; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 31-73 is attached to the official copy of these minutes.) The City Manager stated the Ordinance presently in effect provides for a court cost of $10.00. Ordinance No. 31-73 provides for a minimum court cost of $10.00. 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. Mr. Youngblood moved for passage of Ordinance No. 31-73 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weeke s Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.i. The City Manager presented Ordinance No. 32-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOT 28, DEL-HARBOUR SUBDIVISION, IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". -6- 10-22-73 (Copy of Ordinance No. 32-73 is attached to the official copy of these minutes.) City Manager Mariott stated this Ordinance would rezone Lot 28, Del-Harbour Subdivision from R-1AA to RM-15 to allow construction of a recreation center adjacent to Delhaven Condominium. The Unity of Title document has been filed with the City. 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. Mr. Weekes moved for passage of Ordinance No. 32-73 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.j. The City Manager presented Ordinance No. 33-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PRESENTLY ZONED R-lA AND RM-15 LANDS ON EACH SIDE OF WEST ATLANTIC AVENUE FROM 200 TO 250 FEET ON EACH SIDE OF ATLANTIC AVENUE BETWEEN S. W. 3RD AVENUE AND S. W. 14TH AVENUE AND FROM THE NORTH- SOUTH ALLEY IN BLOCK 20 TO N. W. 14TH AVENUE, IN "C-1 LIMITED COMMERCIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 33-73 is attached to the official copy of these minutes.) A sketch was shown depicting the strip of land on each side of West Atlantic Avenue for proposed rezoning from RM-15 and R-lA to C-1 Limited Commercial District. The property is from 200 to 250 feet on each side of Atlantic Avenue between S. W. 3rd Avenue and S. W. 14th Avenue and from the north-south alley in Block 20 to N. W. 14th Avenue. 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. Mr. Youngblood moved for the adoption of Ordinance No. 33-73 on second and final reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes -7- 10-22-73 8.k. The City Manager presented Ordinance No. 27-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, FURTHER AMENDING CHAPTER 29 "ZONING" BY ADDING A NEW ZONING DISTRICT TO BE KNOWN AS CENTRAL BUSINESS DISTRICT (CBD) AND PRE- SCRIBING THE USES PERMITTED THEREIN~ AND AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE THE NEW CBD DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated this Ordinance has previously been passed on first reading; however, it is necessary to place it again on first reading in order to comply with the new Home Rule Act. City Attorney Fellows explained several changes had been made in the uses permitted in order to clarify various occupations. Mr. Weekes moved for the adoption of Ordinance No. 27-73 on first reading, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weeke s Yes Mr. Youngblood Yes Mayor Scheifley Yes 8.1. The City Manager presented Ordinance No. 28-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES AS AMENDED BY AMENDING SUBSECTION 29-1 (17) BY REDEFINING "DENSITY" . City Manager Mariott stated this Ordinance was also affected by the new Home Rule Act and it is being submitted for first reading for the second time. The sole purpose of the Ordinance is to redefine density to mean that only the area included in the private property lines could be used in the computation of density rather than being able to use street rights-of-way for that purpose. Mrs. Krivos moved the passage of Ordinance No. 28-73 on first reading, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. S&unders No Mr. Weeke s No Mr. Youngblood Yes Mayor Scheifley Yes 8om. The City Manager presented Ordinance No. 29-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, FURTHER AMENDING CHAPTER 29 "ZONING" BY ADDING A NEW ZONING DISTRICT -8- 10-22-73 TO BE KNOWN AS MEDIUM INDUSTRIAL DISTRICT (MI) AND PRESCRIBING THE USES PERMITTED THEREIN; AND AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE THE NEW MI DISTRICT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated this Ordinance is to be placed on first reading again due to the new Home Rule Act. The Ordinance was recommended by the Planning and Zoning Board by a vote of 5 to 2. He further stated basically the Ordinance defines the Medium Industrial District. Mr. Saunders moved that Ordinance No. 29-73 be placed on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos Yes Mr. Saunders Yes Mr. Weekes Yes Mr. Youngblood Yes Mayor Scheifley Yes Mayor Scheifley asked how the Ordinance passed on the Central Business District related to the L~ndscape Ordinance concerning whether or not any parking lots in the District would have to comply with the Landscape Ordinance. City Attorney Fellows answered affirmatively. Mrs. George Hodges spoke from the floor expressing her concern of a possible lack of the provision of a 5 foot strip for landscaping. She questioned who would determine what landscaping would be done. The City Attorney stated it would be determined by either the Site Plan Committee or the Board of Adjustments, depending upon the situation. Mrs. Hodges requested that all site plans be presented to the Beautification Com- mittee since they are~ at present, not receiving all of the site plans approved by the City. The City Manager stated he would check into the matter. X. Mayor Scheifley requested a sign be posted prior to each work- shop meeting stating the date and time the meeting will be held. Dis- cussion ensued concerning the best method of handling this information. It was suggested anyone interested in attending workshop call City Hall. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Saunders and seconded by Mr. Youngblood. General Fund ............. $177,894.53 Water & Sewer Fund .......... 6,500.00 Cigarette Tax Fund .......... 12,725.00 Utility Tax Fund ........... 4,850.00 Improvement Trust Fund ........ 47,432.79 Beach Restoration Fund ........ 4,721.00 Federal Revenue Sharing Fund .... 162,942.00 10ob.1. The City Manager stated the Beautification Committee has made a recommendation that the City retain a landscape architect to design a landscaping plan for the beach. The City Manager recommended Council authorize by motion the City Manager's retention of a landscape archi- tect to provide the City with a landscaping plan for the portion of the beach extending from the north end of the waffle type revetment southward to C&suarina Road. Mr. Weekes questioned the cost of hiring -9- 10-22-73 a landscape architect. The City Manager stated he could not give an accurate figure since the decision to consult with an architect had been made today. It was estimated the consultation time involved would be approximately two weeks for the architect to provide the type of information the City needs to proceed. The need for this action con- cerns the additional work necessary to finalize the beach. The amount involved is from $60,000 to $80,000; this covers work remaining to be completed plus a need to minimize the nuisance being caused by blowing sand onto and across State Highway A1A. Sometime ago, authorization was given to the City's consulting engineer to design a concrete wall to be constructed from the south end of the waffle type revetment southward to Casuarina Road. Bids were opened recently for the construc- tion of the wall; three bids were received with the low bid being $69,625.00. The city Engineer and the oonsulting engineers have agreed it would be advisable to consult with a landscape architect prior to construction of a concrete wall to determine whether or not there is an alternate method that would be as satisfactory as the wall and landscaping. Considerable discussion ensued concerning the wall and possible landscaping, and the retention of a landscape architect. Mr. Weekes moved the City Manager be authorized to obtain the services of a professional landscape architect in connection with the landscaping of the public beach area. Mr. Youngblood seconded the motion which passed unanimously. Mrs. Hodges expressed complete satisfaction on behalf of the Beautification Committee with the plan to hire a landscape architect. Mrs. Krivos questioned the quality of sand on the beach. The City Manager stated the quality of sand is not as good as it was esti- mated it would be originally. It is a finer and lighter weight sand, which caused a reevaluation of the annual loss of sand on the part of Strock & Associates, Inc., the University of Florida and the State agencies. The original estimate was ~, but has been revised to 12% to 22% loss per year. 10.b.2. The City Manager reported to Council on the proposed purchase of the plot of land on A1A to be used for parking purposes for the City. He read a letter to the County Commission urging them to follow through with the purchase as early as possible. Mayor Scheifley stated he would deliver the letter personally since he was attending the hearing on the project. Mr. Weekes moved the City Council approve the letter read by the City Manager to be presented to the Board of County Com- missioners. The motion was seconded by Mr. Youngblood, said motion passing unanimously. Mayor Scheifley ascertained the depth of the lot was 440 feet extending back to Gleason Street. Considerable discussion resulted from Mr. Schier's complaints on the subject. Mr. Glenn Campbell spoke from the floor suggesting the present parking lot owned by the City on A1A be used for a multi-floor parking building. Mr. Bill Baner spoke concerning the parking on Atlantic Avenue. He suggested building multi-level parking buildings on the City's present downtown parking lots. Mrs. Dorothea Montgomery spoke from the floor stating she felt the suggestions on the multi-level parking buildings were excellent. She questioned the proposed purchase of land on A1A for parking, asking -10- 10-22-73 151 who would complete the lot. The City Manager stated the County would purchase the land and the lots would have to be developed by the City. She also questioned the plans for the City owned lot near the pavilion on the beach. The City Manager stated only the paving remains to be completed and the parking lot will provide 125 spaces. Mr. Kresser questioned whether or not parking permits would be required to use the lots planned. Mr. Weekes stated if the property is purchased by the County, every citizen in the County is eligible to use the lot. Mayor Scheifley stated that restrictions for the lot purchased by the City could be enforced enabling the City of Delray Beach to issue permits for the citizens. Mayor Scheifley explained the five Resolutions passed commend- ing persons involved in expediting the beach project would be used in conjunction with the dedication of the Beach project to be held on Friday, November 2, 1973, at 11:00 A.M. at the pavilion at the corner of Atlantic Avenue and Ocean Boulevard. The meeting was adjourned at 9:25 P.M. City Cle APPROVED: ,~ MAYOR 10-22-73 PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-4' OF THE CITY CODE OWNER AND ADDRESS PROPERTY DESCRIPTION CITY COD] 1. Vacant part of Ruth E. Kannel Block 64, Lot 15 15-4 1405 Vermont Ave. (325 S.W. 1st Avenue) Ft. Wayne,. Indiana 46805 2. Vacant part of Alice E. Anderson Lot 10, Block 113 15-4 c/o Mrs. Vernon Gay (318 N.E. 7th Avenue) Shady Lane Fox Chapel Pittsburgh, Pa. 15215 VIOLATIONS 15-4 AS CONCERNS THIS REPORT ARE AS FOLLOws: 1. 15-4 High weeds and grass, undergrowth. 2. 15-4 High weeds and grass. Submitted to the City Council by the City Manager on this 22nd day of October, 1973. 18lB RESOLUTION NO. 47-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA., AUTHORIZING THE EXECUTION OF AGREEM. ENT FOR A PUBLIC ROAD CROSSING Ak~D SIDE- WALK CROSSING T~HE FLORIDA EAST COAST RAILWAY COMPANY PROPERTY OVER. ITS TRACKS AT A POINT LOCATED 5088 FEET SOU%~EP~LY FROM RAILWAY'S MILE POST NO. 316, AS ~ASLSLED FROM JACKSONVILLE, FLORIDA (S. E. lST STREET). BE IT RESOLVED by the City Council of the City of Delray Beach, a municipal corporation of the State of Florida, as follows: · 1. That the City of De!ray Beach, a municipal corporation of the State of Florida, does hereby contract and agree to enter into an agreement with the Florida East Coast Railway Company, copy of which is attached hereto, wherein and whereby, said City of Delray Beach is given the right and privilege to use as a crossing for public road crossing and sidewalk crossing purposes only, that part of the right- of-way and property of said Railway in City of Delray Beach, Palm Beach County, Florida, at the location described as follows: A 50 foot wide, northerly and southerly, parallelo- gram shaped parcel of land extending easterly and westerly across Railway's 100 foot wide, easterly and westerly, right-of-way and over its tracks with the easterly-westerly center line of said parcel intersecting the center line of Railway's westerly main track at a point located 5088 feet, more or less, southerly from Railway~s Mile Post No. 316, as measured from Jacksonville, Florida (S.E. 1st Street) . Said location is shown on Railway's print of Plan 316 + 5088', dated July 20, 1973. 2. That the Mayor with the attestation of the City Clerk,. be and they hereby are authorized and directed to execute said agreement for and on behalf of said City of Delray Beach. 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 22nd day of October, 1973. · // M A Y O R ~ ATTEST: City Cle~ 181C RESOLUTION NO. 48-73. A RESOLUTION OF TtIE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COlD, ENDING THE BOARD OF CO~[ISSIONERS OF PALM BEACH COUNTY FOR THEIR OUTSTAndING SERVICE iN THE COMPLETION OF THE 1973 BEACH RESTORATION PROGRAM. WHEREAS, the 1973 Beach Restoration Program of the City of Delray Beach required the cooperation of the Citizens of Delray Beach, the Board of Commissioners of Palm Beach County, the State of Florida, and the United States Government; and, WHEREAS, the Board of Commissioners of Palm Beach County contributed in a most value, hie manner to the success of the Beach Restoration Project; and, WHEREAS, the Board of Commissioners of Palm Beach County, composed of Lake Lytal, Sr. (Chairman), Robert F. Culpepper, Robert C. Johnson, George V. Warren and E. W. Weaver, unselfishly and tire- lessly devoted their time and talent toward the completion of this important endeavor, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORiDA, AS FOLLOWS: i. in honor and with sincere appreciation of the dedicated public service rendered by the above-mentioned individuals as members of the Board of Commissioners of Palm Beach County howard the successful completion of the Beach Restoration Program, the City Council of the City of Delray Beach hereby commends the Commission's invaluable contribu- tion to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spread upon, and become a part of the permanent records of the-City of Delray Beach. 3. That a copy of this Resolution be furnished to each of the members of the said Commission. PASSED AND ADOPTED on this 22nd day of October, 1973. .~/ MAYOR ATTE S T: City Clerk 181D RESOLUTION NO. 49-73. A RESOLUTION OF !~-IE CITY COUT. iqCIL OF T}~ CITY OF DELRAY BEACtt, FLORIDA, COM[-~L~DING WiLLLAM T. CARLTON A~q3 ~iIE BUREAU OF F~EACHES A~ SHOP, ES, FLORIDA DEPARTf.iE[[T OF NATUF~AL RESOURCES, FOR THEIR OUTSTAI~ING SERVICE IN _97~ COMPLETION OF THE 1973 BEACH RESTOP~ATION PROGPJL%I. ~%~]EREAS, the 1973 Be~ch Restoration Program of the City of Delray Beach required the cooperation of the Citizens of Delray. Beach, the Board of Commissioners of Palm Beach County, the State of Florida, and the United States Government; and, WITEREAS, Wil!i[~m T. Carlton and the Bureau of Beaches and Shores, Florida Department of Nstural Resources, contributed in a most valuable manner to the success of the Beach Restoration Project, NOW, T~REF0~, BE IT RESOLVED BY T~ CI~f COb~'~CIL OF T~ CI~ OF DELP~Y BEACH, FLORIDA, AS FOLLOWS: "-. 1. 'In honor and with sincere appreciation of the dedicated pu~!ic service rendered by William T. Carlton and the Bureau of Beaches and Shores, Florida Department of the Beach Res%oration Program, the City Council of the . . City of Delray Beach hereby commends William T. Carlton and the Bureau of Beaches and Shores, Florida Department of Natural Resources, for their invaluable contribution to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spread upon, and become a part of the permanent records of the City of Delray Beach. 3. That a copy of this Resolution be furnished to William T, Carlton and the Bureau of Beaches ~d Shores, Florida Department of Natural Resources. PASSED A~ ~0PTED on this 22nd day of October, 1973. ATTE S T: City Cle~ ~ 181E RESOLUTION NO. 50-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CO~,~ENDING COLONEL E~hV~ETT C. LEE, JR. AND TIIE LFNITED STATES AP~,'IY CORPS OF ENGINEERS FOR ITS OUTSTANDIi,[G SERVICE IN THE COMPLETION OF THE 1973 BEACH RESTOP~ATION PROGRAM. Wq{EREAS, the 1973 Beach Restoration Program of the City of Detray Beach required the cooperation of the Citizens of Delray Beach, the Board of Commissioners of Palm Beach .County, the State of Florida, and the United States Government; and, WHEREAS, Colonel Emmett C. Lee, Jr. and the United States Army Corps of Engineers contributed in a most valuable manner to the suc- cess of the Beach Restoration Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COL~CIL OF THE CITY OF DELPJ~IY BEACH, FLO[~IDA, AS FOLLOWS: 1. In honor and with sincere appreciation of the dedicated public service rendered by Colonel E~.]ett C. Lee, Jr. and the United States Army Corps of Engineers toward the suc- City Council of the City of Delray Beach hereby co~mends Colonel E~ett C. Lee, Jr. and the United States Army Corps of Engineers' invaluable contribution to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spread upon, and become a part of the permanent records of the City of Delray Beach. 3. That a copy of this Resolution be furnished to Colonel Enm~ett C. Lee, Jr. and the United States Army Corps of Engineers. PASSED AND ADOPTED on this 22nd day of October, 1973. ~" ATTEST: City Clerk~/ 181F RESOLUTION NO. 51-73. A RESOLUTION OF Tt~ CITY COUNCIL OF THE CITY OF DELRAY BEACTI, FLORIDA, COMMENDING Tt~ HON. PAUL G. ROGERS FOR HIS OUTST~d~DI~G SERVICE IN THE COMPLETION OF %71E 1973 BEACH RESTOPCATION PROGRI~M. WHEREAS, the 1973 Beach Restoration Program of the City of Delray Beach required the cooperation of the Citizens of Delray Beach,, the Board of CommiSsioners of Palm Beach County, the State of Florida, and the United States Government; and, WHEREAS, the Hon. Paul G. Rogers contributed to the success of the Beach Restoration Program, I~OW, THEREFORE, BE IT RESOLVED BY THE CITY COUiqCIL OF THE C.I. TY OF DELPJ~Y BEACH, FLORIDA, AS FOLLOWS: 1. .In honor and with sincere appreciation of the dedicated public service rendered by the Hon. Paul G. Rogers toward the successful comp].etion of the Beach Restoration Program, the City Council of the City of Delray Beach hereby commends Paul G. Rogers' invaluable contribution to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spread upon, and become · a part of the permanent records of the City of Delray Beach. 3. That a copy of this Resolution be furnished to the Hon. Paul G. Rogers. PASSED AI~!D ADOPTED on this 22nd day of Oct'ober, 1973. z/ MA Y~ R ~ // ATTE ST: ~/ -- CitY Clerk 181G RESOLUTION NO. 52-73. A RESOLUTION OF TIIE CITY COUNCIL OF TttE CITY OF DELRAY BEACII, FLORIDA, CO~'~qEI~DING TtIE CITIZE~"S CONL~iTTEE ON BEACII RESTOP~ATION FOR TL~EIR ~UT- STANDING SERVICE IN TINE CO~IPLETION OF T~IE 1973 BEACIt RESTOP~A~'ION PROGP~AM. WHEREAS, the 1973 Beach Restoration Program of the City of Delray Beach required the cooperation of the Citizens of Delray Beach, the Board of Commissioners of Palm Beach County, the State of Florida, and the United States Government; and, ~'~HEP~EAS, the Citizen's Committee on Beach Restoration, appointed, by the Delray Beach City Council to serve during the period of March' 12, ].972 through November 3, 1973, contributed in a most valuable manner to the success of. the Beach Restoration Project; and, WqtEREAS, the citizen's Committee on Beach Restoration, composed of Robert D. Chapin (Chairman), Simon C. Barnes, Phyllis H. Carey, Carl C. Carter, [~iarshall Mo DeWitt, Francis P. Hogan and Douglas T. Hopkins, unselfishly and tirelessly devoted' their time and talent toward the completion of this important endeavor, NOW, THEREFORE, BE IT RESOLVED BY T[~E.. CITY. COUNCIL OF THE .CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. In honor and with sincere appreciation of the dedicated public service rendered by the above-mentioned individuals as members of the Citizen's Committee on Beach Restoration toward the successful completion of the Beach Restoration Program, the City Council of the City of Delray Beach hereby commends the Committee's invaluable contribution to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spread upon, and become a part of the permanent records of the City of Delray Beach. 3. That a copy of this Resolution be furnished tO each of the members of the said Committee. PASSED AND ADOPTED on this 22nd day of October, 1973. MA.Y O R ~/ ATTEST: City Clerk .18 iH ORDINAI~CE NO. 30-73. AN OI~DID.~A?.;CE OF 'i'I~E CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLO!IIDA, A~.IENDI~IG CHAPTER 4 "ALCOHOLIC ~EVERAGi~S" OF TIlE CODE OF ORDINANCES OF THE CITY OF DEL!~AY BEACH, AS ~x~ENDED, BY ~ENDING SECTION 4-6 PERTAINI~IG TO POSSESSION OF AN OPEN COi~TAi!.~ER DEIi~[G PRISMA FACIE EVIDENCE OF CONSU~.~]??ION; REPE~ING 7~L OP~INA~]CES OR PARTS OF ORDIi~ANCES IN CONFLICT HER}~%?ITH; PROVIDING A SAVING CLAUSE; PROVIDING A PEN~TY ~AUS E. WHEREAS, %he City A~inistration has reco~ended that possession of any open container of alcoholic beverages be con- sidered prima facie evi~]cnce of consumption; and ~{EREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation; NOW, THEREFORE, BE IT ORDAI~iED BY THE CITY CO~,ICIL OF THE CITY OF DELP. AY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That %he Code of the City of Delray Beach, Florida, as amended, be further amended by ~ending Section Sec. 4-6 Consumption of alcoholic beverages on sidewalks, in public parks, etc. No alcoholic beverages sh~ll be consumed on the sidewalks, or on the public beach, or in public parks, or in motor vehicles or traile=s er-i~ ~ny manner which is visible from a public street in a commercially zoned dis%rict. It shall be prima faci. e evidence that alcohol was bein% consumed ~ any person in posses- sion of an ope% container containinc~ alcoholic beveraqes while on ~he sidewalks, or on the public beach, or j,n public parks, or in motor vehicles o_% trailers which _is_ vis&ble from a public street in a commercially zoned district. SECTION 2. That any person who viola%es the provisions of Section 1 above, shall, uF.n conviction, be punished as provided in Section 1-6 of tho Code of Ordinances of tho City of Delray Beach. 181I SECTION 3. That all ordinances or parns of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. That should any section or provision of this or- dinance or any portion thereof, any paragraph, sentence or word be d. eclared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final r~ading on this the 22nd day of October , 1973. ATTEST: City Clerk~/ First Reading. Second Reading October 22, 1973 -2- Ord. No. 30-73. 181J ORDINANCE NO. 31-73. AN OiIDINANCE Of;' TIIE CITY COUNCIL OF THE CITY OF DELRAYBEACii, FLOI~IDA, AMENI)ING CIIAPTEIt 1 "GENERAL PtlOVISIONS" OF TItE CODE OF ORDINANCES OF TIlE CITY OF DELRAYBEACIt, AS AMENDED, BY AMENDING SECTION 1-6.1 PY~'RTAINING TO A MINIMUM COURT COST; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. WHEREAS, the City Administration has recommended that a minimum court cost of $10.00 be established; and WHEREAS, the City Council of the City of De!ray Beach, Florida, concurs in said recommendation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the Code of the City of Delray Beach, Florida, as amended, be further amended by amending Section 1-6.1 of Chapter 1 "General Provisions" to read as follows: Sec. 1-6.1 Levy of court costs The municipal judge shall levy a city court cost of at least ten dollars ($10 n ~ fine which rp.~ght · -s ....... each convicted defendant in addition t0 ~~ny be imposed agai. nst said defendani, and which shall be in addition to the court costs imposed by Chapter 69-'111, Laws of Florida. SECTION 2. That all ordinances or paris of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or ~vord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid· PASSED 32xlD ADOPTED in regular session on second and fin~! readin9 on this the 22nd day of ~October , 1973. ......... Fi~st.Re;~_~ding t.,~...~t ~', ~oto Seqond Reading October 22, 1973 181K ORDINANCE NO. 32-73. AN ORDil:~A?CE OF 571E CITY COL~NCIL OF THE CITY OF DELI%~¥ BEACH, FLORIDA, REZONIt~G AND PLACING LOT 28, DEL-I.nI~BOUR SUB- DIVISION, IN "!%~[-15 MULTIPLE FAMILZ DWELLING DISTRICT", A~D D/.IEI~ING "ZONING MAP OF DELPJ%Y BEACH, FLORIDA, 1972". BE IT ORDAin/ED BY T~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beack, Florida, is hereby rezoned and placed in "R/4-1~5· Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 28, Del-Harbour Subdivision, per Plat Book 25, Page 148, Public Records of Palm Beach County, Florida. SECTION 2. That the Building Inspector of said. City shall upon %he effective date of this Ordinance change the Zoning Map. of Delray Beach, Florida, to conform with the provisions of Sectior., ~ ... ]-..ereo f ~ - .. PASSED AS~D ADOPTED in regular session on the second and final reading on this the 22nd day of October , 1973. '~/~ M'~'YOR J ATTEST: City OCT 8 1973 First Reading Second Reading October 22, 1973 181L ORDINANCE NO. 33-73. AN ORDINANCE OF TIlE CITY COUT~CIL OF THE CITY OF DELRAY BEACII, FLORIDA, REZONING A5q~ PLACING PRESENTLY ZONED R-lA ANqD P~i-15 LANDS ON EACI{ SIDE OF WEST ATLANTIC AVE[_YUE FROM 200 TO 250 FEET ON EACH SIDE OF ATLANTIC AVE~E BE~fEEN S. W. 3RD AVENUE AI~D S. W. 14%5t AVENUE Ak-D FROM THE NORTH- SOUTH ALLEY IN BLOCK 20 TO N. W. 14TH AVE._KrUE, IN "C-1 LIMITED CO~k~ZERCIAL DISTRICT" AND A~.F. NDING "ZONING ~.'~P OF DELRAY BEACH, FLORIDA, 1972". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: ' SECTION 1. That the following de'scribed property in the City .of Del~ray Beach, Florida, is hereby rezoned and placed in the "C-! Limited Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Present Zoning Descriotion of Property Classification Lots 1 through 13 and Lots 21 and 22 Block 4, Odmanns RM-15 Lots 1 through 13 and Lots 21 and 22 Block 2, Atlantic Park Gardens _~_M-!5 Lots 1 through 13 and Lots.21 and 22 Block 5, Atlantic Gardens RM-15 Lots 1 through 13 and Lots 21 and 22 Block 8, Atlantic Gardens RM-15 Lots 1 through 8 and Lots 16 and 17 Block 1, Belair Heights : RM-15 Lots 1 and 2, Block 2, Belair Heights RM-15 Lots 1 through 5, Myrick Subdivision of Section 17-46-43 RML15 West 80 feet of East 300 feet of South 130 feet of North 145 feet of Lot 9, Section 17-46-43 RM-15 South 145 feet of North 290 feet of East 147 feet of Lot 9, Section 17-46-43~ PJ~-15 Lots 1 through 13 and Lots 21 and 22 Block 5 RM-15 North 235 feet of West 135 feet less North 20 feet, Block 13 RM-15 '. North 250 feet of East 150 feet less North 20 feet, Block 13 RM-15 181M Present Zoning Description of Prope?ty Classification North 1!0 feet less North 20 feet Block 21 RM-15 South 100 feet of North 210 feet of West 135 feet, Block 21 '. RM-15 South 125 feet of North 235 feet of East 135 feet, Block 21 RM-15 Lots 1 through 12 and Lots 42 through 46, Block 29 RM-15 North 75 feet of West 135.5 feet less North 20 feet, Block 29 RM-15 South 50 feet of North 250 feet of' West 143.75 feet, Block 29 RM-15 Lots 1 through 15 and Lots 26 through 29, Block 37 RM-15 South 297 feet of West 135 feet less South 20 feet, Block 20 ~ .~ R-lA South 252 feet less South 20 feet Block 12 R-lA South 252 feet less South 20 feet Block 4 R-lA Lots 3 through 14, Block I, J. G. Fenno R-lA Lots 3 through 14, Block 2, J. G. Fenno 'R-1A South 135 feet of North 189 feet of East 125 feet of West 150 feet of South quarter of Lot 10, Section 17-46-43 R-lA South 135 feet of North 189 feet of East 124.8 feet of West 274.8 feet of South quarter of Lot 10 less East 10 feet, Section 17-46-43 · R-lA South 150 feet of South quarter of Lot 10, less Rights-of-way - Section 17-46-43 R-lA Lots 2 through 7 and' Lots 9, 10, 31 and 32 Block 2, Atlantic Pines R-lA Lots 1 and 6, Block 6, Whidden R-lA Lots 1 through 13 and Lots 34 and 35 Block 1, Atlantic Pines R-lA Lots 1 through 13 and Lots P-1 and 22 Block 1, Atlantic Park Gardens R-lA -2- Ord. No. 33-73 181N Present Zoning Description of Ppopert,A Classification Lots 1 through 13 and Lots 21 and 22. Block 1, Odmanns R-lA SECTION 2. That the Building Inspector 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 AA~ ADOPTED in regular session on the second and final reading on this the 22nd day of October , 1973. ATTE ST: City Clerk // First Reading: 00TS 1973 Second Reading: October 22, 1973 -3- Ord. No. 33-73. --