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03-12-1970 VC REG-M MINUTES OF REGULAR MEETING OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MARCH 12, 1970 - Present: Thomas F. Lewis, Mayor Thomas R. Bell, Vice-Mayor Allan V. Everard, Councilman H. Mallory Privett, Jr., Councilman Herbert A. Watt, Councilman Herbert L. Gildan, Village A ttorney Lawrence J. Robbins, Village Manager Dolores R. Walker, Village C lerk Vice-Mayor Bell called the Regular Meeting to order ROLL CALL at 8:20 p.m. and asked the Clerk to call the roll, all members being present except Mayor Lewis.' Mayor Lewis arrived at 8:50 p.m. - Councilman Watt led the Council and the public in the PLEDGE OF Pledge of Allegiance to the Flag. ALLEGIANCE On motion of Councilman Watt, seconded by Councilman MINUTES OF Everard, all present voting aye, the minutes of Public PUBLIC HEARINGS Hearing on Bi11 No. 86 held February 26, 1970; the HELD 2/26/70 minutes of Public Hearing on Bill No. 87 held March 2, & 3/2/70 1970; and the minutes of Public Hearing on Bill No. 88 APPROVED held March 2, 1970 were approved as written. ' On motion of Councilman Privett, seconded by Council- MINUTES. OF man Watt, all present voting aye, the minutes of REG. MEETING Regular Meeting held February 26, 1970 were approved HELD 2/26/70 as written. APPROVED On motion of Councilman Watt, seconded by Councilman MINUTES OF Everard, all present voting aye, the minutes of SPECIAL MEET- Special Meeting of the Planning and Zoning Advisory _ 1NGS OF P & Z Board held February 18, 1970; and the minutes of AD. BD. HELD Special Meeting of .the Planning and Zoning Advisory 2/18/70 & Board held February 25, 1970 were accepted as 2/25/70 written. ACCEPTED On motion of Councilman Privett, seconded by Vice- BEAUTIFICATION Mayor Bell, all present voting aye, the Report of COMM. REPORT the Beautification Committee of February 25, 1970 OF 2/25/70 was accepted. ACCEPTED On motion of Councilman Privett, seconded by Council- 2/26/70 MINUTES man Watt, all present voting aye, the minutes of OE_LIBRARY BD. meeting of North Palm Beach Library Board held MEETING February 26, 1970 were accepted. ACCEPTED Village Manager read highlights of Report from REPORT FROM Director of Public Safety for February 1970. DIR. OF PUB. SAFETY FOR FEB. 1970 Village Manager read highlights of Building Depart- BLDG. DEPT. ment Report for February 1970.- REPORT FOR FEB. 1970 Minutes of Regular Meeting Held March 12, 1970 Page 2 Village Manager read North Palm Beach Library Report NPB LIBRARY for February 197D. REPORT FOR- FEB. 1970 ' On motion of Councilman Privett, seconded,by Council- COUNCIL man Everard, all present voting aye, that we take AUTHORIZES $355.00 out of contingency account and authorize the $355 FOR Manager to spend it for a temporary sidewalk between TEMPORARY U. S. 1 and the service road on the south side of SIDEWALK Lighthouse Drive. Vice-Mayor Be11 returned the gavel to Mayor Lewis. On motion of Councilman Watt, seconded by Vice-Mayor BILL NO. 86 Bell - 4 to 1, Councilman Everard opposed.- that PLACED ON 2ND Bill No. 86 entitled: READING & READ IN FULL AN ORDINANCE OF THE VILLAGE OF NORTH PALivI BEACH, FLORIDA, AMENDING ORDINANCE N0. 20, IT BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY AMENDING THE DEFINITION OF "PHARMACY" I be placed on second reading and read in full. On motion of Councilman Everard, seconded.by Councilman BILL NO. 86 Privett - 3 to 2, Vice-Mayor Bell and Councilman Watt ABOLISHED opposed - that Bi11 No. 86 be abolished. On motion of Councilman Watt, seconded by Councilman _ BILL N0. 87 Everard, all.present voting aye, Bi11 No..87 entitled: PLACED ON 2ND READING & READ AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, BY TITLE ONLY FLORIDA, AMENDING ORDINANCE N0. 20, AS HERETOFORE _- AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY ADOPTING A NEW OFFICIAL ZONING MAP, BY PROVIDING FOR THE METHOD OF AMENDING - THE ZONING MAP AND FOR IDENTIFYING THE OFFICIAL ZONING MAP OF THE VILLAGE, AND BY CLARIFYING OR RECLASSIFYING CERTAIN PROPERTY AS R-l, SINGLE FAMILY RESIDENTIAL DISTRICT, INCLUDING ALL PROPERTY LYING EAST OF THE WATERS OF LAKE WORTH WITHIN THE VILLAGE OF NORTH PALM BEACH AND CERTAIN PROPERTY LYING NORTH OF SEAL WAY WEST OF THE NORTH PALM BEACH WATERWAY IN THE VILLAGE OF NORTH PALM BEACH; BY PRO- VIDING FOR THE .REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES was placed on second reading and read by title only. On motion of Councilman Privett, seconded.by Council- man Everard, that Bi]1 No. 87 be adopted as Ordinance No. 208-70. On motion of Councilman Privett, seconded:by Councilman BILL N0. 87 Everard, all present voting aye,-that Bi11 No. 87 be AMENDED amended by striking Section 2 and adding-the following: "Some doubt exists concerning the existing or proper zoning for all lands within the corporate limits of the Village of North Palm Beach lying East of the western boundaries of the waters of Lake Worth, except Minutes of Regular Meeting Held March 12, 1970 Page 3 land known as Little Munyon Island, which is currently zoned C-1-A, and all lands within the corporate limits - of the Village of North Palm Beach lying East of the - western boundaries of the waters of Lake Worth shall henceforth be classified R-1, Single Family Dwelling District, as shown on the Official Zoning Map accompany- - ing this ordinance, except Little Munyon Island which shall remain in Zoning District C-1-A, as shown on the Official Zoning Map accompanying this ordinance." On motion of Vice-Mayor Bell, seconded by Councilman BILL NO, 87 Watt, all present voting aye, that Bill No. 87 be-fur- FURTHER Cher amended in Section~3, Page 4, to include C-1 AMENDED • zoning classification with 'the R-1, R-2 and C-2 originally stated in Section 3. On motion of Councilman Privett, seconded by Council- man Everard, all present voting aye, that.Bill No. 87 be adopted as Ordinance No. 208-70, as amended, ~', n The Chair then recognized Mr. Clair Andersen, who stated he was really rather appalled that this Village has seen fit to take as large a piece of property that is under private ownership and to rezone it in a few weeks time, possibly as a little as four or five weeks, without even once asking the owner of-this property to sit down and discuss this zoning and its future develop- ment. Mayor Lewis then posed four questions to Mr. Andersen. These questions and Mr. Andersen's replies are as follows: BILL N0. 87 ADOPTED AS ORD. N0. 208-70 AS AMENDED CHAIR RECOG- NIZES CLAIR ANDERSEN MAYOR LEWIS` QUESTIONS TO MR. ANDERSEN & HIS REPLIES Mayor Lewis: Did I understand you to say that the owner was not invited to partake in a plan for these areas that are in discussion in this particular ordinance? Mr. Andersen: I have never heard of any planning program for these areas, Mayor. Mayor Lewis: Was the land owner ever asked if he wanted to work with the Village in these three areas in question for a comprehensive plan? Mr. Andersen: May I ask which three areas you are talking about, please Mayor? Mayor Lewis: The three areas concerned are north o£ Teal Way, the oceanfront and Big Munyon Island, and primarily north of Teal .Way. Mr. Andersen: As to the area north of Teal Way, the two different times that I am aware of where __ discussion was had that I can recall at this _- time, or discussion was had relative to this, was when you and the Village Manager and I met along with another employee ,of our company, at which time I exhibited a proposed plan of development. I told you at that time it was very preliminary, that we were proposing it in its preliminary state to elicit your response. I I 1 G Minutes of Regular Meeting Held March 12, 1970 Page 4 Mayor Lewis: Did you ever come back to myself, the City Manager or the Council at any other time with anything other than this preliminary drawing? Mr. Andersen: No sir, because we did not go further with it at that time. The only other time that a discussion was had about this was when we discussed the- possibility of leaving the zoning as it was until such time as a planned development was prepared, which we offered to do. We also said that we would not make application for any additional building permits during the period of 90 days which we wanted to have to prepare a plan for this area. Mayor Lewis: Did you agree to stop building where you are building now? Mr. Andersen: No sir,- we did not. On motion of Councilman Everard, seconded'by Councilman Watt, all present voting aye, Bill No. 88:entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE N0. 20, AS HERETOFORE AMENDED, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID VILLAGE, BY RESTRICTING THE HEIGHTS OF BUILDINGS LOCATED WITHIN 500 FEET OF AN R-l, SINGLE FAMILY DWELLING DISTRICT, TO NOT MORE THAN FOUR STORIES OR SI}{TY FEET IN HEIGHT was placed on second reading and read by title only. Vice-Mayor Be11 made a motion that Bi11 No. 88 be tabled. Motion seconded by Councilman Watt. On the call for the question, Vice-Mayor Be11 and Council- man Watt voted aye, Mayor Lewis, Councilman Everard and Councilman Privett voted nay; therefore, motion was defeated three to two. On motion of Councilman Everard, seconded by Councilman Privett, three to two - Vice-Mayor Be11 and Councilman Watt opposed - that Bill No. 88 be adopted as Ordinance No. 209-70. On motion of Councilman Privett, seconded by Council- man Everard, all present voting aye, proposed Resolution No. 440-70 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO EMPLOY THE LAW FIRM OF NASON, GILDAN & YAEGER TO REPRESENT THE DEFENDANTS IN THE CAUSE ENTITLED "THE STATE OF FLORIDA UPON RELATION OF 0. P. CORPORATION, A FLORIDA CORPORATION VS. THOMAS F. LEWIS, MAYOR, ET AL:'AND SETTING FORTH PROVISIONS FOR PAYMENT OF FEES AND COSTS IN CONNECTION THEREWITH was read in full and adopted as read as Resolution No. LFLFO-70. BILL N0. 88 PLACED ON 2ND READING & READ BY TITLE ONLY MOTION TO TABLE BILL NO_=88 DEFEATED _BILL N0. 88 ADOPTED AS 0_RD. N0. 269-70 RCS. N0. 440-70 ADOPTED Mr. Mervin McIntyre of the Planning and Zoning Advisory PRESENTATION Board gave a dissertation on the proposed height vs. OF MR. MC distance formula for multi-story buildings which the Board INTYRE OF PLAN- had been working on. He presented a graphic chart to the NING & ZONING Council and the public showing this concept. AD. BD. Minutes of Regular Meeting Held March 12, 197D Page 5 On motion of Vice-Mayor Bell, seconded by Councilman Watt, all present voting aye, that Council approve ' expenditure of $700.00 from Account No. 04-405 to Stan's Driveway Service, West Palm Beach, for the repair of cart paths with road mix asphalt and seal coat all paths from starter booth out on the course. On motion of Councilman Privett, seconded by Council- man Watt, all present voting aye, that Council author- ize Manager to expend $956.50 from Account No. 15-404 ' to Pioneer Metals of West Palm Beach for 'the installation of the air conditioner at the Senior Citizens Building. There being no further business to come before the Council, on motion of Vice-Mayor Be11, seconded by Coun- cilman Watt, all present voting aye, the meeting was adjourned at 11:25 p.m. `~ ~~,~~~ Minutes recorded by: Dolores R. Walker,.Village Clerk COUNCIL APPROVES EXPENDITURE OF $700-FOR REPAIR OF CART PATHS AT NPBCC COUNCIL AUTHOR- IZES EXPENDITURE OF $956.50 POR AIR CON- DITIONER AT SR. CITIZENS BLDG. ADJOURNMENT []