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10-22-70 OCTOBER 22, 1970. A regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7=00 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council members Grace S. Martin, John L. Pitts, III, James H. Scheifley and O. F. Youngblood being present. 1. An opening prayer was delivered by Councilwoman Grace S. Martin. 2. The Pledge of Allegiance to the Flag of the United States of A~..erica was given. 3. The minutes of the regular meeting of October 12, 1970, unanimously approved, on motion by Mrs. Martin and seconded by Mr. Youngblood. 5. Mr. Pitts said he felt that the developers and petitioners per, raining to annexation, rezoning and special exceptions should follow a standard procedure instead of trying to persuade one or two members of Council. He said that the Charter was set up for five Councilmen to decide by listening to the thoughts of the other Councilmen and requested that this item be discussed at the next workshop meeting. 5. Fir. Pitts said that themany petitions and questions being referr- ed to the Master Planners and slowing of work on the Master Plan to center their attention on certain petitions, is very confusing .and may be poor. judgment.. He suggeste~that the Planners and the Planning and Zoning Board finish the. Master Plan withou~ further diversions. 5. Mr. Pitts asked· that the survey by the Corps. of Engineers be Ob- tained to determine if there is enough sand to replenish the Beach. Mayor Saunders reported that the City. Manager is working on said survey and 'is in close contact with Mr. William T. Carlton, Chief of the Bureau of Beach and Shore of the Department of Nmtural Resources of the State.". He sa~d this project W°uld cost approximately $20,000 and the City is attempting to have the State take care of same. 5. Mr. scheifley s'aid he had. attended, a Beautification Committee meet- ing last week at which time Mr. William Kerr, a committee member, re- ported that after a thorough study of the City's sign ordinance, he feels it is a very .good 9rdinance, needing, only a few amendments, and that a survey 'showed that 80 to 90 peF cent of the ~obJectional signs are not within the. City limits but in. the tax sanctuaries or pockets adjacent to the City. He~sa~d the County has inadequate sign Control and that he feels these areas should b~ annexed _to the. Ci~ty, pay City.taxes, and be con- trolled by the citY, rather than exist as they do using the City fa- cilities and name.. 5. Mr. Scheifley :referred to an editorial in the Delray. Beach News Journal regarding 'the .critiCal problem of Beach. ErOsion and 'said he hopes the citizens will read Said editorial, as it is very good. 5. .Mayor Saunders.reported he had attended a meeting.o,f the Mayors of Palm Beach county on October .21., regarding the arrival .of President Richard M. Nixon, Tuesday, October 27.. He said the. President will ar- rive at the Palm Beach ~n~ernational AirpOrt. at' 7:30 P..M. and go to the Palm Beach ~unicipal Auditorium and that the public is invited. 6.a. The'CitY Manager reported that an Easement Deed has been re- ceived from the First National Bank of Delray Beach covering the West 5 feet of the South 215' feet of'Block 93. He said this easement has been'proVided to enable the City to construct'a sidewalk along the east Side'of S. E. 3rd AVenue,.a~jacentto the bank's recently com- pleted parking lot, extending from S. E. 1st Street.to the bank's drive-in windows, and it is recommended that said easement be accepte~ and a sidewalk constructed, at City expense the estimated cost of which is $800. After general discussion, Mr. ¥oungblood moved to accept the Easement Deed and that the' City build said sidewalk, as recommended, the motion being seconded by Mr, Scheifley. Upon call of roll, Mrs. Martin, Mr. Scheifley, Mr.. Youngblood and Mayor Saunders voted in favor of the motion, and Mr. Pitts was opposed. 6.b. Concerning appointment of an Alternate Member to the Board of Adjustment to complete the unexpired term of Mr. Emory J. Barrow~who resigned recently, the City Manager reported that said Board recommend- ed the appointment of Mr. James V. Pignato. On motion by Mr. Pitts and seconded by Mrs. Martin, Mr. Pignato was unanimously appointed as an Alternate Member on the Board of Adjustment with term to expire on March 15, 1971. 7.a. City Manager Mariott reported that Council at its regular' meeting of June 22, 1970, approved a request from the Southern Bell Telephone Company for permissive use-to use a trailer at their Work center located at 1111 South Congress Avenue as a training room and conference center, such use to terminate on October 1, 1970. Further, a letter was received from Mr. H. V. Hanson, local Manager for the Company, requesting an extension of the above-mentioned permissive use from October 1, 1970 to January 1, 1971, inasmuch as the new Work Center being constructed in BO'ca Raton will not be completed until that time. Said extension of time from October 1, 1970 to January 1, 1971, was unanimously approved, on motion by Mr. Pitts and seconded by Mr. Youngblood. 7.b. Council unanimously.acknowledgea receipt of the October 14, 1970, Beautification Committee meeting minutes, on motion by Mrs. Martin and seconded by Mr. Scheifley. 7.c. The City Manager informed Council that a petition has been re- ceived from Mrs. Senola· Johnson, doing business as "Jones Restaurant", for transfer of a beer license currently in the name of Mr. Fred Frank Wilson, operating under the name of "Wilson'.s Restaurant" at 505 West Atlantic Avenue. Further, the applicant having been investi-. gated in the usual manner by State Beverage Department and Delray Beach laW enforcement officials, it is recommended the request be granted. Said request was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Pitts. 8.a. City Manager Mariott presented RESOLUTION NO. 66-70. A RESOLUTION DECLARING THE INTENTION 'OF THE CITY OF DELRAY BEACH TO DEVELOP CERTAIN LANDS AT THE ATLANTIC AVENUE AND 1-95 INTERCHANGE FOR PARKS AND RECREATIONAL PURPOSES UPON AC- QUISITION THEREOF BY THE STATE OF FLORIDA DE- PARTMENT OF TRANSPORTATION. (Copy of Resolution No. 66-70 is attached to the official copy of these minutes.) See page 174-A~ Resolution No. 66-70 was unanimously passed and adopted on first · and final reading, on motion by Mr. Youngblood and seconded by Mr. S cheif ley, 8.b. The City Manager' presented ORDINANCE NO. 10-70. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF DELRAY BEACH, FLORIDA, REZONiN~~ .AND PLACING CERTAIN LANDS IN THE sOUTH QUARTER OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND IN THE NORTH QUARTER OF SECTION 25, TOWNSHIP 46. SOUTH., RANGE. 42 EAST, IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". Due to some members of Council not having all the facts concern- ing the rezoning of 198 acres in Sections 24 and 25-46-42, covered in this Ordinance, Mrs. Martin ,moved that. Ordinance No. 10-70 be tabled for a workshop meeting until Council is advised of said. facts, the motion being seconded by Mr. Pitts. Upon call of roll, Mrs. Martin, Mr. Pitts, Mr. Scheifley and Mayor Saunders were in favor of the mo-. tion and Mr. Youngblood was opposed.. 9.a. Concerning the request from the Delray Beach National Bank for rezoning of the.North 25 feet of Lot 8, all of Lots 9, 10, 11 and 12 and the South 26;67 feet of Lot 13, Seabreeze Park Subdivision from R-1AA to C-l, the City Manager reported that following a public hear- ing by the Planning and Zoning Board on February 17, the request was tabled' and Bart, Dunlop & Associates, Inc., the City's Planning ConsUltants, were asked to study this requested zoning, and its effect on the area. involved. Further, following consideration of. the recom- mendation cC~n~'a, ined in a. letter from the Planning Consultants dated October 14, the Planning and Zoning Board, at .a meeting that day, passed a motion by a 3 to 1 vote that. the recommendation of the Plann- ing Consultants be accepted for rezoning to C-1 of the South portion of the area, and the North portion~ to remain in the R-1AA classifica- tion, but should be used as a parking lot under the provision of the zoning ordinance. Attorney John Ross Adams, representing the Delray Beach National Bank, reported that the Bank assured him that they do not plan to construct anything during the tourist season, but that they would like to be ina position to order the' rather complicated equipment that is involved with drive'in windows. He. asked if Council would place an Ordinance rezoning said property.on first reading tonight, with the second reading and public hearing scheduled .for November 23, which would give adequate time to schedule a workshop meeting to discuss this matter. ORDINANCE NO. 38-70 was presented. AY ORDINANCE OF THE cITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE NORTH 25 FEET OF LOT 8, ALL OF.LOTS 9, 10, 1t, AND THE SOUTH 10 FEET OF LOT 12, SEABREEZE PARK. suBDIVI- SION, IN "C-1 'LIMITED COMMERCIAL DIS- TRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA~ i969". After general discussion, Ordinance No. 38-70 was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 10.a. City Manager Mariott reported that a letter had been received from Mr. Charles C. Bart, President of the Bart Company of Florida, requesting an extension of Site Plan ADpro~;ul for one year, which Site Plan was approved .by Council at a regular meeting held on August 25, 1969, for a development on Lots 1 thru 11, Block 12 and part of Lot 12, Block 1, Osceola Park SubdiVision. -3- 10-22-70 He.recommended that Council acknowledge receipt of said letter discuss this matter at a workshop meeting. Mr. Youngblood moved to acknowledge receipt of said letter ~nd Consider the matter at a workshop meeting, as recommended, the motion being seconded by Mrs. Martin and unanimously carried, 10.a~ Mr. Pitts asked if it would be ~ossible to obtain a Progress Report from the Housing Authority. Mrs. Clarence A. Plume, a member of the Housing Authority, re- ported that their application has been submitted to HUD and everything is being done as they are asked. She also reported that Dr. Frederic F. Bush, Jr., dhairman, ed Mr. Ralph Myers, an official from HUD in Atlanta, and was informed that the biggest problem at this time is that there are no appropria- She said the application for allocation of 350 units is on file aha has been acknowledged by HUD and when the 350 units or a portion of them are approved, that is when the Housing Authority will get their Preliminary Loan Grant. 10.c. The following Bills for Approval were presented: General Fund $137,156.07 Water Operating & Maintenance Fund 11,081.56 Water Revenue Fund 3,000.00 Util~ties Tax Revenue Fund 5,440.00 Sewer Revenue Fund 5,000.00 capital Improvements Construction Fund 30,051.31 Cigarette Tax Fund 9,916.00 The Bills were unanimously approved for payment, on motion by Mr. Youngblood and seconded by Mr. Pitts. The meeting adjourned at 7:50 P.M. HALLIE E~ YA~ES City Clerk APPROVED: .,..~S? ...... ~A.MES H.,._ SC.HE!F. LEY_ .. VICE-MAYOR -4- 10-22-70 174-A RESOLUTION 'NO. 66-70. A RESOLUTION DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO DEVELOP CER- TAIN LANDS AT THE ATLANTIC AVENUE AND 1-95 INTERCHANG~ FOR PARKS AND RECREA- TIONAL PURPOSES UPON ACQUISITION THEREOF BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the City Manager of the City of Delray Beach has recommended that certain land contiguous to the existing right-of-way of West Atlantic Avenue lying between West 12th Avenue and West 14th Avenue, in Said City, be ac- quired by the Federal Highway Commission, conditioned upon the development by the City of Delray Beach of such land as a recreational area, park, or buffer zone between the high- way and residential property; and WHEREAS, the City Manager of the City of Delray Beach has recommended to the City Council that said proper- ty be developed by the City for such purposes upon acqui- sition thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY 'BEACH, "FLORIDA: That the City Council of the city of Delray Beach, Florida, does hereby declare its intention to develop cer- tain lands at the Atlantic Avenue and 1-95 Interchange for Parks and Recreational purposes upon acquisition thereof by the State of Florida Department of Transportation. Passed and adopted this 22nd day of October, 1970. ..... /Sl J..L._Saund~rs .... _ _. MAYOR ATTEST: iHa~lie E. Yates City Clerk