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08-23-71 AUGUST 23, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:30 P.M., with Mayor J. L. Saunders in the Chair, Acting City Manager Thomas E. Weber, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present, with City Manager J. Eldon Mariott being absent. 1. The Lord's Prayer was repeated in unison. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of August 9, 1971, were unanimous- ly approved on motion by Mrs. Martin and seconded by Mr. Youngblood. 4. k4rs. Martin reported that she had been contacted by several people regarding the high weeds around the Police Benevolent Association Build- ing. It was their understanding 'that when the PBA Building was built, the City would keep the grass mowed and they asked that this be taken care of. This item was referred to the City Manager. 4. Mrs. Martin reported that after checking the size of the parking spaces for the Euro Homes Inc. of Florida on S. W. 12th Street, she found it impossible for two' cars to park there, as is required under the R-lA zone. She asked that the parking requirements be checked. 4. Mrs. Martin asked why the trailer at 250 South Ocean Boulevard is still there. The City Attorney reported that there is a 30-day appeal, and he recommends that no action be taken until the 30 days have expired from the date of the Board of Appeals decision, said decision being made on August 4, 1971. .~ 4. Mr. Scheifley presented an outline of ten Objectives, "Before It's Too Late", and commented on each item. He requested that said outlined items be referred to a workshop meeting for discussion. 1. Provide zoning for agriculture within the Reserve Area and City Limits a. Vegetable farms b. Flower farms 2. Bicycle Paths a. City Wide Network 3. No development in the Reserve Area West of to~n~ which does not conform to the Delray Beach Zoning Code a. No sewers, water without annexation or regu!a- tion under the City Zoning Ordinances whether Betting, Oriole, or Smatters 4. Height limit of 57 feet for entire City, all zoning Classifications 5. No more gas stations in City East of Congress Avenue 6. No extension of Commercial Zoning East of Congress Avenue 7. No Shopping Centers a. First develop Atlantic Avenue, Second Avenue and Federal Highway b. Full cooperation and support to the Downtown Development Authority -1- 8-23-71 8. Sewer for entire City as soon as feasible and possible 9. Appoint advisory body of 3 or 5 Cardiac doc'~.ors to recom- mend either for or against a water softening plant 10. Amend City Charter and up-date ordinances to reflect new policies re: E.G. a. Voting age requirements b. Qualifications to run for elective office 4. Mayor Saunders read a P~OCLAMATION proclaiming September 16, 1971, as "Light the Night" Day and presented same to Mr. Paul Speicher, Presi- dent of the Delray Beach Board of Realtors. Mr. Speicher commented on the "Light the Nigh%" program. 5. Rev. Semmie Taylor asked the status of the Vanguard rental housing project. Mayor Saunders reported that a Site Plan application has been received and is being processed. Col. Theodore Poole, Jr., Chairman of the Planning and Zoning Board, said that it was unanimously agreed between the Planning and Zoning Board, and the Council to look at this project after the housing survey was com- pleted, which was promised by the Planning Director no later than Septem- ber 1st. Further, this application could be discussed at the Board's first regular meeting on September 7th, with a Public Hearing on same be- ing scheduled later. 5. Regarding the Proclamation, "Light the Night" Day, read earlier in the evening, and in behalf of the Board of Realtors, Col. Theodore Poole, Jr., Chairman of said Board, asked if Council would consider making a survey, through the City A¢%ninistration, of inadequately lighted areas for street lights on streets and alleys within the City, and send said results to the Board of Realtors. This request was referred to the City Manager. 5. Mrs. Rosetta Rolle asked why there was so much chlorine in the City water. Dale Christison, Director of Public Utilities, explained the reason for the additional chlorine. 5. Regarding 250 South Ocean Boulevard, Mr. J. Watson Dunbar, repre- senting the Beach Property Owners' Association, asked if something could be done about having the building on said property removed and if the grass could be mowed. He also referred to the cutting of grass that is grown over the sidewalks on the East side of town as well as in other areas of town. Regarding the riding of bicycles on the sidewalk without regard to the pedestrians, Mr. Dunbar asked if something could be done about same. These items were referred to the City Manager. 6.a. The Acting City Manager reporte~ that on February 8, 1971, Council referred to the Planning and Zoning Board for study and recommendation a request from Mr. C. Rankin Bingham for abandonment of the southern half of the right-of-way of S. E. 5th Street, abutting his north property line to provide proper ingress and egress to his property located at the corner of S. E. 7th Avenue and 5th Street. On March 2, ].971 the Planning and Zoning Board recommended that Mr. Bingham's request be granted, subject to the entir~ 30-foot width being retained as a utility easeraent, and the North 10 feet thereof as a pedes- trian easement for public access to 'the Intracoastal Waterway, with Mr. Simon, member of the Planning and Zoning Board, dissenting on the grounds that this abandonment is not equitable with the previous abandonment of the North Half of said right~of-way. Acting City Manager Weber further reported that on March 8, 1971, at the regular Council meeting, the City Manager reported the recon~nendation of the Planning and Zoning Board to Council and after general discussion, said request for abandonment was tabled until the City Manager could deter- mine questions of fact. 2 8-23-71 Having determined the "questions of facE" it is recommended that Mr. Bingham's request for abandonment be approved pursuant to the recommenda- tion of the Planning and Zoning Board and Resolution No. 30-71 has been prepared for Council consideration. RESOLUTION NO. 30-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELr~%Y BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH 30 FEET OF A PORTION OF S.'E. 5th STREET (OSCEOLA STREET) AND THE APPARENT CUL-DE-SAC LYING SOUTH AND EAST OF SAID PORTION OF S. E. 5th STREET, ALL IN BLOCK 1 OF OSCEOLA PARK, DELRAY BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 3, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND RESERVING EASEMENTS. (Copy of Resolution No. 30-71 is attached to the official copy of these minutes.) Resolution No. 30-71 was unanimously passed and adopted subject to the City Attorney's approval on first and final reading, on motion by Mrs. Martin and seconded by Mr. Weekes. 7.a. Acting City Manager Weber reported that an application has been received from Edgar William Jones, 240 N. W. 9th Avenue, Delray Beach, Florida, for transfe~ of Certificate of Public Convenience and Necessity for one taxicab, now held }Dy Mr. Ernest Glass under the name of Glass Taxi; further, the applicant having been investigated by the Delray Beach Police Department, it is recon%~ended that said request be approved. Mr. Scheifley questioned if the license was for the operation of 'the taxicab or for the owner, and if the vehicle which will be used for a taxicab meets the present requirements of the City Ordinance. Mr. Edgar William Jones, the applicant, was present and answered Council's questions regarding the taxicab which he will use. After discussion, said transfer of Certificate of Public Convenience and Necessity for one taxicab to Mr. Jones was unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Weekes. 7.b. Council was informed that a request for a gratis license has been received from Mr. E. M. Fielder, District Supervisor, Department of Health & Rehabilitative Services, Bureau of Blind Services, to operate a snack bar at the South County Complex for the 1971-72 fiscal year. The Acting City Manager reported that Council having approved a request for a gratis license on April 12, 1971, for the remainder of said fiscal year and the applicant having met the requirements set forth in Section 1'6-4 of the City's ~Code of Ordinances, he recommended that said request be granted for the 1971-72 fiscal year. Said request for a gratis license was approved, on motion by Mr. Youngblood and seconded by Mr. Weekes. Upon roll call, Mr. Scheifley, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted in favor of the mo- tion, with Mrs. Martin opposed. Mrs. Martin stated that she feels that this is against City ordi- nances, and that she is still of the opinion that the snack bar can be located and operated within the County Complex rather than in a trailer. 7.c. Acting City Manager Weber reported that on August 9, 1971, the City Manager reported to Council that a request had been received from Mr. Henry Vincent Pope for a gratis Occupational License for the purpose of operating as a Real Estate Broker. Due to there be~.ng a question as to the current veterans disability of Mr. Pope as well as the percentage of his disability, the request was tabled until such time as these items could be checked. Further, these items have been checked and Mr. Pope having complied with the requirements for such exemption as set forth in Section 16-4 of -3- 8-23-71 the Code of Ordinances, it is recommended that said request be granted. Said request for a gratis license was unanimously approved, on mo- tion by Mr. Scheifle¥ and seconded by Mr. Youngblood. 7.d. Council was informed -that a request has been received from Walter LeRoy Widmark, Jr.., 5313 Garden Avenue, West Palm Beach, Florida, d/b/a "The Tap Room", 328 N. E. 6th Avenue, for transfer of Beer and Wine L~.cense No. 1279, now held by Donald C. Wilson, operating as Omnix Lounge. The Acting City Manager further reported that the applicant has been investigated and approved by the Delray Beach Police Department' and it is recormn~ended that said request be approved. After discussion regarding the name of the business, said request for 'transfer of Beer and Wine License No. 1279 was unanimously approved, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.a. The Acting City Manager presented RESOLUTION NO. 29-71: A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN- ING, GP~ADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF S. W. 6TH STREET, FROM THE EASTERLY EDGE OF THE EXISTING PAVING OF S. W. 8TH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF S. W. 5TH AVENUE. (Copy of Resolution No. 29-71 is attached to the official copy of these minutes.) Resolution No. 29-71 ~{as unanimously passed and adopted on first and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.b. Acting City Manager Weber presented ORDINANCE NO. 23-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 12 THRUGH 17 AND LOTS 52 THROUGH 57, BLOCK 34, DEL-t~TON PARK SUBDIVISION, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS .AND OBLI- GATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 23-71 is attached to 'the official copy of these .minutes. ) A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to Ordinance No. 23-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley. Mrs. Martin said she was still concerned whether or not this prop- erty is contiguous to the City and that the' City Manager, before leav- ].ng on vacation, referred same to the Engineering Department for in- yes tigation. The Acting City Manager reported that in a conversation with the City Manager last week regarding the annexation of the street rights- of Z-way, the City Manager said that this is under study in the Engineer- ing Department and heshould be ready to report shortly after he returns. -4- 8-23-71 8.c. The Acting City Manager presen'ted ORDINANCE NO. 24f71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELP~XY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TO%~NSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOgND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGtlTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 24-71 is attached to the official copy of these minutes.) He also presented Right-of-Way Deeds from Mr. William Koch and Mr. Grover Baker deeding to the City the South 30 feet of their property for N. W. 7th Street right-of-way East from N. W. 8th Avenue, and recom- mended that said Deeds be accepted before passing Ordinance No. 24-71. Said Right-of-Way Deeds from Mr. William Koch and Mr. Grover Baker were unanimously accepted, as recommended, on motion by Mrs. Martin and seconded by Mr. Weekes. A Public Hearing having been legal]_y advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to Ordinance No. 24-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.d. Acting City Manager Weber presented ORDINANCE NO. 25-71. AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL REPAIR OR DEMOLITION OF ANY BUILDING OR STRUCTURE ~YHICH IS, A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF DELRAY BEACH, FLORIDA, OR ~KtICH MIGHT TEND TO CONSTITUTE A FIRE MENACE OR WHICH IS CONSIDERED ABANDONED; AND FOR THE ASSESS- MENT OF THE COST OF VACATION, REMOVAL, REPAIR OR DEMOLITION THEREOF AS A ~V~3NICIPAL LiEN OR ASSESS- MENT AGAINST SUCH PROPERTY. Ordinance No. 25-71 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.e. The Acting City Manager reported that a letter from Mr. G. R. Frost, Town Manager, Town of Palm Beach, along with a sample resolution having to do with inequitable County Taxation inside municipal limits had been received and that Mr. Frost asks that the Council consider said resolu- tion, making the necessary changes to fit the situation. Further, the City Clerk has prepared RESOLUTION 31-71 for Council's consideration at this time if it is desired. Mr. Scheifley said that at the Palm Beach County Municipal League meeting a week ago, Mr. Frost made a presentation on this subject. There were representatives from most of the 38 Cities in Palm Beach County, as well as County ConLmissioner, Lake Lytal, and Senator Tom Johnson. Every- one was impressed with Mr. Frost's presentation. The gist of it was that when people who live _in cities like Delray Beach pay their county taxes, in fact they are paying for the municipal services provi, ded for '6he people in the 'unincorporated areas, and therefore, 70 Der cent of their tax dollar goes outside the City for services which they don't receive. Mr. Lake Lytal, County Con, missioner, was deeply impressed by this as was Senator Johnson. This ils going to be the main issue in the Palm Beach County Municipal League this year and they are going to publicize it, trying to help people understand it. Citizens do not understand that when they pay their county ta.~4es, other than school taxes, the n'~oney goes -5- ~,~ -- 2 3 .~71 to areas outside the City arid pays for 70 per cent of their fire, garbage, trash and other services. The Palm Beach County M~]nicipal League is advocating two tax rates, one for people who live in the unincorporated areas and a much lower rate for people who live in the Cities. This presentation was accepted so well 'that the League decided to have it reproduced in final form and sent to every City, State, and County Official. Mr. Scheifley suggested that Council take no action on this until it hears that presentation and has all the figures. Mr. Paul Speicher reported 'that the double taxation had been a problem when the County Library was being established, but it had been worked out satisfactdrily. Resolution No. 31-7! was unanimously tabled, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 9.a. Acting City Manager Weber reported 'that Council was informed on July 26, 1971, that the City had been requested to sell a tract of City- own~ed land, approximately 1 acre, located in Section 21-46-43 on -the South side of S. E o 10th Street, approximately 150 feet West of S. E. 5th Avenue. Mr. Arthur Sprott of Gracey Brothers Realty represented the prospective purchaser. Said request was referred to the Planning and Zoning Board for study and reconm~endation. Further, the Planning and Zoning Board met on August 3, 1971, with Mr. Arthur Sprott appearing on behalf of the pe'titioner, and ~f'ter dis- cussion, said Board unanimously recommended that the City-o~.~ned ].and not be sold because the future land use plan for that particular area is shown as medium density residential. The Acting City Manager further reported that said request was presented to Council at the August 9, 1971 meeting and unanimously tabled, as requested, until the next regular meeting; therefore, said request as above described, is before Council at this time for con- sideration, and it is reco~nended that the request be denied. Mr. Arthur Sprott of Gracey Brothers Realty, representing the prospective purchaser, was present and explained why he had asked for same to be tabled at the last meeting and explained the project. After general discussion, Mr. Scheifley moved to deny the request. The motion died for a lack of a second. After comments by Col. Poole, said request was tabled until the next Council meeting, on motion by Mr. Weekes and seconded by Mrs. Martin. Upon roll call, Mrs. Martin, Mr. Weekes, Mr° Youngblood and Mayor Saunders voted in favor of the motion with Mr. Scheifley opposed. 9.b. The Acting City Manager reported that on July 12, 1971, Council con- sidered a request from Martin Saunders, General Manager of Jerry Earl Pontiac, Inc., for permission to locate a mobile trailer at 2400 S. Federal Highway to be used as 'the Body Shop Office for a period of approx- imately four months; further, the request was referred 'to the Planning and Zoning Board for a public hearing and recon~endation'' in accordance with requirements of Section 29-15 (e), Chapter 29 of the Code of Ordi- nances. He further reported that on August 17, '1971, the Planning and Zoning Board held a Public Hearing for Permissive Use for a trailer on Lots 1 through 44, Block 16, and Lots 1 'through 11, Block 2, DEL-RATON PARK, (Jerry Earl Pontiac, Inc.). Rose G. Arkin, abutting property owner, tele-~ graphed an objection to the Board. Mr. Saunders admitted that the trailer had been on the property six weeks prior to applying for permission. Board unanimously recommended that said request for permissive use be granted for four months without extension. Mr. Weekes moved to grant 'the permissive use of a trailer, to be located at Jerry Earl Pontiac, Inc., for a period of four months withoul; an extension. The motion was seconded by Mr. ¥oungblood and unanimously carried. -6- 8-23 -71 9.c. Council was informed that on July 26, 1971, a rezoning application had been received from Burnup & Sims, Inc., of West Palm Eeech, Florida, signed by its President, James Graham, requesting a change in zoning from C-2 to C-3 (Wt~o!esale & Light Industrial District) for a parcel of land in part of Lot 1, Block 1, Sec%ion 21-46~43 located on the West side of Florida East Coast Railway Company tracks between S. E o 4th and 5th Streets, containing 1..61 acres, and that said request was referred to ~he Planning and Zoning Board for 'study and reco~nendation. The Acting City Manager further reported {~hat on August 17, 1971, a Public Hearing was held for said rezoning and that Mr. Francis G. Rawling objected to possible pollution of the City's water supply by 'the industrial use at that location. The Planning Director recommended denial because the future land use plan shows low density residential for the subject property. Rezoning would permit any C-2 use as well as any C-3 use on said property, and the Planning and Zoning Board unani- mously reconm~ended denial of said request. At~torney Madison F. Pacetti, representing 'the petitioner, Burnup & Sims, was present and spoke in behalf of the petitioner. After general discussion, said request for rezoning was unanimously denied, as recommended, on motion by Mr. Youngblood and seconded by Mr. W'eekes. 9.d. The Acting City Manager reported that the Planning and Zoning Board reviewed a preliminary site plan for a nursery School in an RM-2 zone on the North 47 feet of Lot 113 and Sou~h 23 feet of Lot 112, PLUMOSA PARK, SECTION "A", being on the East side of N. E. 3rd Avenue at the foot of N~ E. 15th Street on July 20, 1971, with Mrs. Robert M. Heeren being the petitioner. Further, the land area is 11,050 square feet and the structure would have 2,100 square feet (being 19% lot coverage) with ~hree parking spaces, off-street for loading and unloading. The school, having the approval of the itealth Department, will open with 20 .children and a capacity for ~ He further reported a Public Hearing having been held on August 17, 1971, on said request and there being no objections, the Planning and Zoning Board unanimously reco~ended that the request be approved. Said request for permissive use was unanimously approved, as recom- mended, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 9.e. Regarding a petition to replat Lots 10, 11, 12 and 13 (4 lots) of Plat 1, LAI<E EDEN SUBDIVISION, to six small lots, Col. Theodore Peele, Jr., said 'that there was some confusion when the petition was presented to the Planning and zoning Board for replat of Lots 10, 11, 12 and 13 because the petitioner meant to cover only Lots 11, 12 and 13 and re- duce the three 150-foot lots to five 90-foot lots. Mr. Demarco, the petitioner, authorized Mr. Peele to withdraw this petition for said replat and said he would submit another petition. 9.f. Acting City Manager Weber reported %hat the City Manager informed Council on August 9, 1971 that a request had been received from Bari- Fleming. for permission to erect an entrance marker for ~{ATELAINE SUB- DIVISION on the main entrance street leading to the Subdivision off Lake Ida Road. City Ordinance provides for Council approval and the City Manager recommended same; however, the request was referred %o. the Planning and Zoning Board for study and recommendation with an advisory opinion from the Beautification Cormmittee. Further, on August 17, 1971 the Planning and Zoning Board having discussed and unanimously reconmn]ended that the request for an entrance m~rker or monument be approved and that tl~e lleautification Committee concurred with same, it is reco]~ended that said request be approved. Said request for a entrance marker was unanimously approved, as reco~nended, on motion by Mr. Weekes and seconded by Mr. Youngblood. 9.g. The Acting City Manager reported that on August 9, ].971 Council was informed that a pet].tion for annexation, subject to C-2 zoning, of -7- ~--23-71 property known as Lot 1, ]_ess the South 8 feet, all of Lot 2 and the West 8 feet of the abandoned alley lying between Lots 1 and 2 and Lots 10 and 11, Block 5, SOPHIA FREY SUBDiV]iS!ON had been received from Harry T. Newett, Athorney in Fact for Walter H. Simson, and said request was referred to the Planning and Zoning Board for study and recommenda- tion. Further, on August 17, ].97]., 'the Planning and Zoning Board con- sidered the request for annexation, with the Petitioner, Mr. Simson, being represented by Attorney John Ross Adams and said Board unanimous- ly recommended approval of said annexation with C-2 zoning. Said request for annexation was unanimously approved, as recom- mended, on motion by Mr. Weekes and seconded by Mrs. Martin. ORDINANCE NO. 27-71 was presented providing for said annexation. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, }~NNEXING TO THE CITY OF DELRAY BEACH LOT 1 LESS THE SOUTH 8 FEET, ALL OF LOT 2, AND THE WEST 8 FEET OF THE ABANDONED ALLEY LYING BETWEEN LOTS 1 AND 2 AND LOTS 10 AND 11, BLOCK 5, SOPHIA FREY SUBDIVISION, %{7~ICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS of SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 27-71 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by ~'4r. Youngblood. 9.h. Acting City Manager Weber presented O1UDINANCE NO. 26-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF CERTAIN AREAS, INCLUDING SETBACK, YARD AND OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS IN CON- NECTION WITH NEW CONSTRUCTION OR CHANGE OF USE, (EXCEPTING IN CONNECTION WiTH SINGLE FAMILY DWELLINGS), TO BE APPLICABLE IN DELRAY BEACH, FLORIDA; REQUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING AND USE PERMITS; PROVIDING FOR REPEAL OF CONTRADICTING LAWS, FOR INCLUSION IN THE CODE OF DELRAY BEACH, FLORIDA, AND AN EFFECTIVE DATE. Ordinance No. 26-71 was unanimously placed on first reading, on motion ]Dy Mr. Scheifley and seconded by Mrs. Martin. 10.a. Mr. Daniel E. W~.sh, a Fireman for the City, asked if the City Man- ager, when he returns from his vacation, could make a recommendation to Council to fill the vacancy on the Civil Service Board created by the death of Charles C. Turner. Mayor Saunders reported that a recommendation has been made and that this item will be on the next Council agenda. 10.a. Mayor Saunders reported that the new Snorkel Fire Truck has arrived and .on Tuesday, 'it will be moved 'to Fire Station No. 3 where it will be housed. The public is welcome to view the new truck. 10.a. 'The Acting City MaNager reported that a request has been received from Sek Kwan Chin andYeeWan Chin, his wife, for annexation of Lot 38, LAKE SHORE ESTATES, with R-1AA zoning, located at 1902 N. ~. 2nd Avenue. The City Clerk was inst. ructed to prepare an Ordinance providi_ng for said annexation. -8- 8-23-71 10.a. The city Clerk read the following letter from the Delray Beach Jay- cee~ dated August 9, 1971: "On July 24, the Delray Beach Jaycees conducted a City-wide swi]mning 'and diving meet at the Delray Eastside Swim~'~ing Pool, this event in- volved 51 youths 8-17 in three hours of competition. The Jaycees plan to make this an annual event for 'the youth of our City. We would like to express to the Council our appreciation for the ex- cellent cooperation we received from Mr. Elliott in the Recreation De- partment, and particularly 'the help given us by Hr. John LaPointe and his pool staff. Mr. LaPointe and his cooperation are a credit to the Recreate_on Department and is a public servant that we are most proud to have in our community." 10.a. Regarding 250 S. Ocean Boulevard, the Acting City Manager reported that he had received the following letter from Attorney David McKay today: "On behalf of Windemere Developers, Inc , a request is hereby made for an extension of time within which to move the sales trailer ah 250 South Ocean Boulevard, Delray Beach. At this point Windemere Developers, Inc., is making' application for site plan approval for a proposed thirty unit, two-story co-operative apartment complex. I personally have submitted architectural render- ings to James C. Smoot this day and we will proceed with site plan ap- proval and construction with all possible prudent dispatch. At such time as approval is given for the site plan, Windemere will make formal application for placement of the sales trailer, which is expected to be there until the core unit, consisting of seven apartments and the recrea- tion area is comple{-~ed. At that time the units 'themselves will act as models and no further need for the trailer will exist. To move the trailer at this point, only to move it back after site plan approval is given would be futile, expensive and unnecessary. I therefore request an extension of time for leaving the trailer at its present site until such time as site plan approval is given or re- fused based on the supposition Windemere makes application and follows through without unnecessary delay." After general discussion, said request was unanimously denied, on mo- tion by Mrs. Martin and seconded by Mr. Scheifley. Mr. Weekes suggested that when this information is relayed to Mr. McKay, he should also be informed that the lot should be cleared and cleaned. 10.a. ~r. Scheifley said that when mutually convenient, he would like to observe the City examining the taxicabs. 10.b. Payment of the following Bills for Approval was unanimously approv- ed, on motion by Mrs. Martin and seconded by Mr. Youngblood. General Fund $226,503.75 Water Operating & Maintenance Fund 10,293.38 Water Revenue Fund 140,452.62 Special Assessment Fund 9.38 Refundable Deposits Fund 855.00 Capital Improvements Construction Trust Fund 146,307.76 Sinking Fund, Cigarette Tax Bonds, Series 1965 48,427.50 The meeting adjourned at 9:50 P.M. NALLIE E. YATES MA ¥0 R o--23-71 RESOLUTION NO. 29-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPEN- ING, GP~ADING AND PAVING OF A STRIP TWELVE FEET IN WIDTH, BEING THE SOUTHERLY HALF OF S. W. 6TH STREET, FROM. THE EASTERLY EDGE OF THE EXISTING PAVING OF S. W. 8TH AVENUE TO THE WESTERLY EDGE OF THE EXISTING PAVING OF S. W. 5TH AVENUE. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 9th day of August, 1971, adopt Resolution No. 28-71, or- dering the City Manager to prepare plans and specifications, togeth- er with estimate of cost of opening, grading and paving of a strip twelve feet in width, being the southerly half of S. W. 6th Street, from the easterly edge of the existing paving of S. W. 8th Avenue to the westerly edge of the existing paving of S. W. 5th Avenue and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the City Manager, and WHEREAS, the City Council deems it to be necessary for the safe- ty and convenience of the public to open, grade and pave said street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the follow- ing described improvement, to-wit: ~.£o Open, Grade and Pave a strip twelve feet in width, be- ing the southerly half of S. W. 6th Street from the easter- ly edge of the existing paving of S. W. 8th Avenue to the westerly edge of the existing paving of S. W. 5th Avenue, the total cost as estimated, for such improvement being $4,200. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be shared by the City of Delray Beach, Florida, and the roi. low- ing described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying twenty (20) per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying eighty (80) per cent of said total cost, by special assessment. PROPERTY DESCRIPTION SUBDIVIS ION BLOCK LOT ROS EMONT PARK " " 7 1 " " 7 24 " " 5 1 " " 5 24 " ': 3 1 .... 3 24 said benefits to be determined and prorated according to the front footage of the respective pro~e~rties as set forth J_mmediate].y above. '131~B Page 2. Resolution No. 29-71. BE IT FURTHER RESOLVED that said special assessments against all the parcels of lands as set forth above %~hich are specially benefited, shall be and remain liens superior in dignity to all other liens, ex- cept liens for taxes, until paid, from the date of the assessment upon the respective lo~s and parcels of land assessed, and which shall bear interest at the rate~ of eight (S) per cent per annum, and which may be paid in three (3) equal yearly installments with accrued interest on all deferred pas~nents. Payment shall be made to the City of Delray Beach, Florida, at the office of the City Tax Collector, and upon failure of any property owmer to pay the annual installment due, or any annual interest upon deferred pay~nents, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with ail accrued interest, together with all legal costs incurred, including a reasonable attorney's fee. The total amount of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that the City Council shall sit at~ the City Hall in the City of De!ray Beach, Florida, at 7:30 P.M., on the 13th day of September, 1971, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 23rd day of August, 1971. ATTEST: RESOLUTION NO. 30-71. A RESOLUTION OF T~LE CITY COUNCIL OF THE CITY OF 'DELRAY BEACH, FLORIDA, VACATING AND.ABANDONING THE SOUTH 30 FEET OF A PORTION OF S. E. 5th STREET (OSCEOLA STREET) AND THE APPARENT C.UL-DE-SAC LYING. SOUTH AND EAST OF SAID PORTIO~ OF S. E. 5th STREET, ALL IN BLOCK 1 OF OSCEOLA PARK, DELRAY BEACH, FLORIDA, AS RECORDED IN PLAT BOOK 3, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND RESERVING EASEMENTS. WHEREAS, the portion of right-of-way referred to, and de- scribed below, has not been opened or developed, and WHEREAS, C. R. BINGHAM and MIRIAM K. BINGHAM, his wife, owners of the property abutting said portion of right-of-way, have requested the vacation and abandonment thereof as said por- tion of right-of-way is not required for providing egress nor in- gress to any lands NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU/qCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the city of Delray Beach, Florida, the follow- ing portion of right-of-way in the City of Delray Beach, Florida, is to be vacated and abandoned: The South 30 feet of S. E. 5th Street (Osceola Street) and the apparent cul-de-sac lying South and East of said portion of S. E. 5th Street lying North of and adjacent to that part of Lot 11, Block 1, Osceola Park, Delray Beach, Florida, according to the plat thereof on file in the of- fice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 3, Page 2, lying East of the Southerly exten- sion of the Easterly right-of-way line of S. E. 7th Avenue as now laid out and in use North of S. E. 4th Street and lying West of the Westerly right-of-way line of the Intracoastal Waterway. 2. RESERVING, however, under, through and across said 30 foot strip to the Intracoastal Waterway, excluding said apparent cul-de-sac, described above a perpetual easement for drainage , pipe line operation and maintenance, and any other public utilities; also that the North 10 feet thereof be reserved as a pedestrian ease- ment to the Intracoastal Waterway. PASSED AND ADOPTED in regular session on this the 23rd day of A~s't,~ 1971. . -j .' ",.,,~L},' ·. -':., .... " , ,'r 'f '., · ' . : ' / '~ , ,4 ".," ,.'f ;t ~ ' ,: .; ./ 0 ~f / · .~/~ L~ '* ~¢'~'¢"~;''''3' /- '¢' i.- ,..* , ',~ . .... .,., .......-' City ~.~,~ ~: ~ ~ ~ a 13 ]-D ORDINANCE NO. 23-71. AN ORDINANCE OF 5~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELIRAy BEACH, LOTS 12 THROUGH 17 AND LOTS 52 THROUGH 57, BLOCK 34, DEL--RATON PARK SUBDIVISION, WHICH 'IJtNDS ARE CONTIGUOUS T0 EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LA~DS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, JOPL~ T. 'COLLINS and PAULA T. COLLINS, his wife, are the fee simple o-~rners of the property hereinafter described, and WHEREAS, JOHN T. COLLINS and PAULA T. COLLINS, his wife, by their Petition, have consented and given permission for the annexation of said property by the city of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City charter of said city granted to it by the Sta~e of Florida, and WHEREAS, the annexation of these lands hereinafter described, in the RM-1A Multiple Family Dwelling .District, has been recommended by the Plan- ning and Zoning Board in action taken at its meeting held on August 3, 1971r, NOW, THERE~O~ BE IT ORDAINED BY THE CISqf COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the city of Delray Beach, Palm Beach County, Florida, hereby annexes to said city the following describ- ed tracts of land located in Palm Beach County, Florida, which lie con- tiguous to said city, to-wit: Lots 12 through 17 and Lots 52 through 57, Block 34, DEL-RATON PARK Subdivision as appear on Page 10, Plat Book 14, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the city of Delray Beach, Florida, are hereby redefined so as to include there.in the above described tracts of land, and said ].ands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. q.~at the lands hereinabove described are hereby declared to be in Zoning District RM-1A as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, in-~unities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing 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 juris- diction, such record of ille~a!ity shall in no v~ay affect the remaining po r'l~ ion. PASSED and ADOPTED in regular session on the second and final reading on the 23rd day of August , 1971. ATIES[~: ,-' ~4 .A Y O R /.:--~/ ,..'/ - ~ .,'/ / / ..~ /.'.. ~ , . . .,..,,{._~ City Clerk/' / FirstR~-'~-..~dzn¢7' Auc~ust., 9, 197.]_. Second Reading August 23, 197'i. 13 ~. -E ORDINANCE NO. 24-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFI~TING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGtITS AND OBLIGATIONS OF SAID LA,ID; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, GROVER C. BAKER, JR., and DOROTHY P. BAKER, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, GROVER C. BAI~ER, JR., and DOROTHY P. BAKER, his wife, by their petition, have consented and given permission for the annexa- tion of said property by the City of Delray Beach, and WHEREAS, the City of De!ray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: The West 112 feet of the East 226 feet of the North Half of the West Half of the Southwest Quarter of Lot 3, Section 8, Township 46 South, Range 43 East, per Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, and subject to a 20-foot easement on the South side for ingress and egress. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so' as to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is here- by declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the ].and hereinabove described shall immediate- ly become subject to all of the franchises, privileges, inununities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of. Delray Beach. SECTION 5. That if any ~'ord, 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 %he remaining portion. PASSED AI~D ADOPTED in regular session on the second and final reading, on the 23rd day of Aug~st..., ~ . ..... ~i ' 1971. MAYOR ATTEST: City Cler~ F~rst Reading August 9 1.971 S,~ond~ .... ~ ' .