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11-13-61 NOVEMBER 13, 1961. A regular meeting of the City Council of De]may Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, City Manager Louis J. Smitzes, City Attorney John Ross Adams and Councilmen A1C. Avery, Dugal G. Campbell, Glenn B. ~undy and John A. Thayer being present. 1. An opening prayer was delivered by the Reverend Paul Smith. 2. On motion b2 M~. Sundy and seconded by H~. Thayer the minutes of the November 6th Council meeting were unanimously approved. 3. Mr. Owen Bancroft and Mr. LeRoy OtBryan objected to two small single family dwellings being built in an R-2 Zoning District on a single lot at N. E. ?th Avenue and 7th Street. Mayor Warren asked'the City Manager and City Attorney to give a report as to the legality of the building permit that has been issued for same. City Attorney Adams informed the Council that he has not had sufficient time tO study in order to give an answer and asked that there be more time granted in order that a decision may be reached. Following discussion, Mr. Sundy moved that the City Attorney · be given the rest of the evening to make a decision, the motion being seconded by Mr. Thayer. Following further discussion the motion and second were withdrawn and Mr. Sundy moved that after the other busi- ness had been taken care of that the Council' recess for whatever time it takes for the City Attorney to render a decision on this question. The motion was seconded by Mr. Thayer and carried unanimously. 4. Mayor Warren read the following letter, signed by himself, and stated that it had been written in cooperation with most of the Council. "A situation has developed in Delmay Beach whereby it is apparent that many are opposed to the position taken by the Council on the matter of sanitary sewers. "Some of those opposed have indicated they favor a plan that would cover the city as a whole .and further would build an'ocean outfali. This is most decidedly what the Council favors and hopes to see brought to completion. The only difference is that we, the Council, do not believe that the overall system should be built, or could be built, at this time. However, we favor building this first step now and follow through on the next phase when it is indicated that we can do so without pledging our entire credit. "It should be remembered that we favor the outfall as now being ap- praised by the State Boar~ of Health, but it must also be remembered that this, when built, must be built large enough' in one step to per- mit the last hook-up that will be made in the city. It canno.~ be added to, as it will lay on the ocean bottom, not in a street. Attention is directed to this important fact, that the plant is re- commended be built now becomes a lift station in the overall outfall system, and this without any loss of capital investment when the changeover is made. "We will continue to grow, and the areas within the present city limits will fill in, the areas within the extremes of the present lines will also fill in, and as each additional connection is made we will come that much nearer to being able to go for the 22 section overall plan with the outfall included. "We must build this part of the plant and continue to build, using the Special Assessment Bonds, not General Obligation Bonds, for many sound reasons .' ' 1. One large section of our city, Tropic Isle, has a contract whereby they will build a special, separate plant. Therefore, they would certainly object to General Obligation Bonds. 2. Many outlying sections such as Sherwood Park will not be sewered for some years and the owners certainly would have the right to seriously object. · 11-13-61 NOVEMBER 13, 1961. "3. "Other areas are not built up and owners of vacant proper- ties in.h-these areas - as well as others - would shame the cost with- out benefit of the service, and that is not the American way of doing thing~. 4. Our credit would be stretched to its limit, and facing a world situation such as we are, it does not seem wise to undertake the overall plan, definitely so when it is so apparent that this first step can be taken now without risk and at a cost to those bene- fited actually below, what the cost to the same people would be if the overall plan was put into effect at this time. "It must be remembered that the State Health Department insists on the clean-up of the Inland Waterway. They will not permit continued pollution of these waters and we should certainly agree with them that this must not be continued. "The Council is not against a referendum, but does question the ad- visability of one at this time. Suppose one was taken and the vote showed the overall plan was favored. How would it be financed? This is the question that we, the Council, must keep before us at all times, Further, if it was ,voted, and by chance we were able to start, what would happen if we found ourselves in a hot war, with supplies cut off not only to complete ou~ plant but also in such a manner that prohibited further home building? The payments on principal and in- terest have to be met, and this could well fall on a limited number. Surely you remember what happened in 1942, and how quickly materials went off the market. It could, and would, happen again. "We hope the above will be given your consideration, and donft accept as a fact that we want to dictate, or that we are afraid of the re- sults of a referendum beyond that fear given above. We have lived with this problem for a long time and have spent hours in study, and we strongly advise that this first step in the overall outfall plan be taken now and that we wait for the completion until such time as conditions warrant." Mayor Warren then read the following letter written to the Board of Directors of the 'First Baptist Church by Ralph H. Baker, Jr. Di- rector of Division of Waste Water of the Florida State Board of Health dated November 10, 1961. "This is to acknowledge receipt of youm telegram dated November 9, 1961 addressed to Mr. Lee, with reference to the proposed new sewage treatment plant to be constructed at Delray Beach. '- .. .. "Please be advised that this treatment plant will be a conventional activated sludge type sewage treatment plant. This is to be the first step in a program for this City, with the ultimate method of disposal either being by an ocean outfall or a plant enlargement of this first submission. "The activated sludge process is one of the highest degrees of treat- ment given sewage in this country. It is a plant similar to that now in existence at the City of Coral Gables, Florida. Due to the use of induced air in the aeration tanks, the event of objectionable odors, if the plant is operated properly, is minimized. "~Pe also note that the location of the plant from your property is away from the prevailing winds. We are sorry to inform you that we cannot refuse to approve this plant due to its type. The problem of location is a matter for you to take up with local zoning. We are told that the property that this plant is to be placed upon is owned by the City and is on property adjacent to the existing water treat- ment plant." Mr. Avery read the following letter from himself. "I understand that since the maJori.ty of the council has voted on this issue to install this small plant, they have the right to say, 'We, the council., However I must retain m~ right as councilman to speak up on what I think is right, and what I think is wrong. -2- 11-13-61 NOVEMBER 13, 1961. "I do believe that the overall system should be built, and could be buir~ at this time. "I do not think that we, nor those who will pick up the reins after we leav-~this council can afford to sit back and refuse to face the responsibility of what will mean savings of thousands of dollars to us and future tax payers. "The fact that certain members of this council are ~ favoring the out-fall means of disposal is 'most gratifying. I can remember only nine months ago when Vice-mayor Oampbell, and the city's financial advisor were strongly against the out-fall proposal. "Suddenly N~r. Campbell, and apparently the rest of the council are for out-fall. "Since the first recommendation of the engineers and the State Health Department about the method of disposal is now accepted, why don~t they accept the first recommendation,~ the-, only[recommendation by which the entire city will benefit, and that is to ~.build the city-wide pro- J eot now? "This business of expansion of the ocean out-fall not bein6 expandable is plain nonsense, since the engineers report of March, 1960, states emphatically that the out-fall plant will serve for a fifty year de- sign period merely by increasing the capacity and head of the pumps which can be done at a nominal cost whereas the sewage treatment plant will serve only the fifteen year population and will require major ex~ penditures for expansion. "I have been told by the engineers, and they'll b~ck'it up, that in their estimation, the city's utility tax will not have to be pledged. "~here the issue came over the General Obligation Bonds is a real puzzler. Before tonight I haven.t heard General Obligation Bonds re- ferred to by any official of the council, any of the engineers or the fiscal agents. "The rest of the council may want to fight political gestures by one of those running for their seat, but I have never, and would never, attempt to pledge our General Fund Revenues. "TO the question of Tropic Isle, they will pay nothing except wh'at they are paying for their own system now. "The only charge that would be made to any land owner or property owner with un-improved property, would be the assessment of laying laterals in front of the property. According to the best standards such property would increase in value_at_least the cost of the sewer,- age line. "NO O~E - I repeat - NO ONE - would pay a monthly charge, or would pay anything toward the city-wide system that was not connected to the system and was being provided service. "About this war business - I believe we all are old enough to remember what transpired during World War II....anything that pertained to the health and welfare of a city was given a priority. And besides that, when has concrete been rationed? i~hat is mainly what the system con- sists of - concrete pipe. The home-building is a nebulus thing - with the right fiscal agents to finance the progressive city-wide plant the population and what home-building would be done would be surf ic ient. "I repeat that the engineers have stated that the large system can be financed with pledging the water revenue surplus and the assessments for lateral lines, and the sewage revenue. "They have also said that after 22 years the city-wide system will be a revenue making - profit making program for the city. What does the system have to offer that this council proposes - nothing after 30 years except to furnish 1,750 connections, while the rest of the city suffers with septic tanks. -3- 11-13-61 "As a councilman, I',ve done'Just about all I can do to stop this big mistake....it,s up to the citizens now to see that they get a fair shake in this matter - to see that they get to vote on whether they want serviCe or servitude." " Mr. Avery asked that his letter be given to the press and, in it,s entirety, be made a part of the mifiutes of this meeting. Mr. Campbell: "Mr. Mayor, I~ll try to cut it short but there are ~a few things I think should be said. I'm sure that A1 has many many times said publicly that he reserved the right to change his-mind. If he reserves that right to himself Itm also sure that he would give the same right to me. A1 has also taken to himself, and rightly so, the right to go into the papers with numbers of statements, almost to the point of advising the public that they ought to bring suit, etc., and that is their privilege and his, but I dontt think he wants to say to ~us that we haven,t the same privilege and I suggest, so that there will be no misunderstanding, if this letter that you,ve read is to be signed by yourself as Mayor~ so there can be no misunderstanding, Al, and you won't be accused'of going over, that we three that believe in it sign it and then there can,t be any possible misunderstanding. Now as to the outfall, you sat in on many a meeting and I think you will agree that never has anyone, City Engineer or the Consulting Engineers, ever said that the outfall can be built in any. manner but into a size that will take care, Just as the letter states, the last hookup that will be made years from now within the city limits. We certainly are not going out and drop down another thirty six or seventy two inches,or whatever it may be, along side of the first one. I think we are right when we are saying that the outfall, when built, will have to be built to that last hookup and I don~t think you challenge that. The monthly charge that you refer to that no one will pay except those that are hooked up, that,s right, but those whose frontage is on the lines or on the lines that are extended will pay and they will also pay to carry the line into the house and when that is done they will start paying for the service' You know that and we all know it. You said the Engineers say that we can get by without the utili- ties tax. I~m sure that Mr. Smitzes will agree with this statement that I'm making, and making with a great deal of desire to give it Just exactly 'as it was given to us. tThat if it was"possible for us to step out from under a present contract with the Fiscal Agentsthat it~might be possible, in fact they thought it would be possible, to build with- out the utility, in other words, pledge all of our water and all of the sewer.' We do happen to have a couple of things in between we and that. We have a contract that has been accepted and was accepted long before the discussion of this $~50,000. to $500,000. sewer. If the building within the lines measures up to expectations and wetve had Mr. Simons, our consultant on Planning and Zoning, tell us in his opinion I think he quoted 30,000 within the city limits but he pushed the city limits out to the Military Trail. I~m sure that you want to give your side of it and give it as close to the facts as possible but I do think that you travel a little bit away once in a while Al." }~. Avery: "Since he has rebutted I will ask for a little counter rebuttal here. If I am accused of hitting the papers with statements it's because I think the public should know what is going on. I have always been for an open press and if you allow the presS to be at all the meetings, the press will agree and have agreed with the things I've said, at least they were said. As to the outfa!l, I refer again to my statement that the Engineers report of 1960 stated that the design of the outfall as pre- sented with the fifty year design which would require not the charge of outfAll which is naturally on the ocean bottom but could be modified at a n~minal cost with exchange of pumps and the head on the pumps and increase its capacity." M~. oamPbell~ "Not the outfall? You don~t mean that?" Mr ~ Avery: "The outfall." Mr" Campbell: "Oh no. The use .of the outfall, you mean~'! Mr. ~Avery~ "Referred to the outfall and its design and this is the Engineers report of 1960. I refer you back to their report. As to the monthly charge, the vacant property in any F.H.A. appraiser, NO'~%i}9~ER 13, 1961. "any qualified appraiser fo~ any finance house will tell you, but particularly the F.H.A. ~d~ioh is the standard, and any F. H. A. ap- praiser will tell you that where vacant property exists and a sewer line is placed in f~ont of it the value of that property will increase at least the amount of the cost of that line in front of it. As to the Engineers and what they say, the utility tax, and it might be possible, it is possible, and the financial agents contract goes for that which is planned is prove~ by the fact that we Just raised their fee ~or this particular little program to 1~%. So it applies to that and that only. As to the ~ years that you referred to, I have not yet and I have demanded, I have seen because I have taken the trouble to dig into some of these things, a report from the Engineers on the comparative cost, the overall comparative cost of the two systems and ~hen the public sees this overall comparative cost I assure you it will curl their hair." Mr. Campbell: "Mr. Mayor, may I ask through you of Mr. Avery what two systems he is referring to. Are you referring to the complete system with the outfall or the complete system with a continued plant, or what is it you are referring to?" Mr. Avery: "The systems I am talking about a~e the system, and you referred in your ad to the public the Engineers Report of March, 1960, but it was the Engineers report of 1960 for the overall system which evidentially they give you the impression that it is going to be now when at the public meeting in December of 1~60 it was set forth that in the outlying areas that you would be given several 2ears notice, you would know when the thing was comi~ to you.. I refer .to that system which.was the Engineer,s report of March, 1960 and which you referred to in your ad as opposed to the system which you are. planning now." Mr. Sundy: "Mr. Mayor, I move that Mr. Avery.~s and your letter and the one from Mr. Baker of the Florida State Board of Health be made a matter of public record and be given to the press." The motion was seconded by Mr. Thayer. Mr. Campbell: "Mr. Mayor, I think we all have the right of discussion. I,m saying,and I want it to be made a matter of record, that Mr. Avery is referring to as the two systems had to of necessity be one that we, the majority of the Council, have discarded.. We studied the overall system with a plant big enough to take care of it and we studied the overall system with an outfall big enouglx~.to take care of the overall, and that,s the second system that .he is .~referring to. But it might be misunderstood by some of the people when .he-re fers to two systems and says that one would cost so much more than the other that he might be referring to the $450,000. which was not even "~ in the thinking of an2 of us at the time that you are referring to in 1960, A 1." Mr. Avery: "May I Clarify something? The system that I am re- ferring to that I asked to be compared is the system that this Council is forcing on the public today as compared to the system that the City Engineers Russell & Axon came up with. A result of the system backed up with the engineering of Smith & Gelleapie and backed up by the wis- dom of our City Engineer who himself is a registered engineer and qualified to either be a member of one of these engineering firms or have his own engineering fi~m, the result of these three competent engineering fimu brains as compared to the one that you are comparing today." . Mayor Warren stated that the outfall system could become a reality in a few years from now. Upon call of roll the Council unanimously voted that the letters which were read on this subject be made a matter of public record and also be given to the press. '~.a. City Manager Smitzes read the following letter from Quinton Minor, President of the Plumosa School P.T.A., dated November 8th. 11-13-61 NOVEMBER 13, 1961. "Please consider this letter as a request from the Plumosa Elementary School Parent-Teachers Association for Dermis- ~ion to erect an identification sign on the right-of-way · .. for N. E. 19th Street, Just east of N. E. 2nd Avenue, im- mediately adjacent to the school property on the north. ·his request is in accordance with the applicable, section .of the Sign Omdinance of the City of Delray Beach, and is made necessary by the fact that'the only property owned by the school board on Second Avenue is that used for ingress and egress to the school." It was moved by Mr. Campbell, seconded by Mr. Sundy and unani- mously carried that the request be granted. - 5.b. In compliance with Section 169 of the City Charter, proposed Assessment Rolls were presented by the City Manager on the opening, grading and paving of that part of N. W. 3rd Avenue lying between 2nd and 3rd Streets; and on that part of S. W. 3rd Avenue lying be- tween 1st and 2nd Streets. Said Assessment Rolls were unanimously approved on motion by Mr. Sundy and seconded by Mr. Avery. 5.c. Regarding the request of Mr. William Georg~ for Drainage Im- provement Assessment review against Lot 3, Block ~3 and Lot 1, Block 101, which originated as a result of a Storm Drain Installation ia 1949, it was moved by Mr. Campbell, seconded by Mr. Sundy and unani- mously ca, tied that this item be tabled. 5.d. City Manager Smitzes presented the following bids that had been received fcr fence enclosure around the air conditioning units at both the City Hall and Community Center and stated that both bids were based upon plans and specifications supplied by the City Engineer and that it is recommended that the low bid be accepted. The City Manage~ further stated that there is an amount of $3%0.00 in the current budge- et for this which requires $156.18 to be appropriated from the Con- tingency Fund in order to make this purchase. Florida Fence Co., Inc. $506.18 Edwin Wilson & Co. 9921.00 It was moved by Mr. Sundy, seconded by Mr. Thayer'and unani- mously carried that the award be made to the Iow bidder and that the amount of $156.18 be appropriated from the Contingency Fund for this purpose. 6.a. Concerning the petition from Nowlin & Adams for permissive use of lands on the east side of the Intracoastal Waterway to operate a host dock rental as well as a social club membership.,' it was moved by Mr. Campbell that this matter be referred to the Planning Board. The motion was seconded by Mr. Avery and carried unanimously. Mr. Campbell asked if the Planning Board takes into consider- ation the possibility of deed restrictions, and Mr. Sundy asked about granting retail sales in an R-3 Zone. 6.b. City Manager Smitzes presented the following letter from Charles A. Crane, dated November llth. -~ "Effective as of this date, please accept my resignation as Chairman of the City of Delray Beach Financial Advisory Board° "It was a pleasure to be of some service to the City of Delray Beach and I thank you for all your kind cooperation." It was moved by Mr. ~mayer that Mr. Crane ts resignation be accepted with deep regret and that he be extended the thanks of the Council for his years of service. The motion was seconded by Mr. Avery and carried unanimously. Mr. Campbell then moved that Mr. Nathan Sharp, a member of the Financial Advisory Board, be appointed as Chairman of said Board, the motion being seconded by Mr. Thayer and unanimously carried. -6- 11-13-61 NOVEMBER 13, 1961. 7.a. The Council, on November 6th, sustained the recommendation of the Planning & Zoning Board and approved the rezoning of Lots 30 and 31, Ocean Breeze Estates to R-3 classification and the following Ordinance provides for such rezoning. ORDINANCE NO. G-419. AN ORDINANCE OF THE CITY~C~UNCIL OP THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 30 AND 31, OCEAN BREEZE ESTATES IN "R-3" DISTRICT, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". The Council unanimously placed Ordinance No. G-419 on first reading on motion by Mr. Sundy and seconded by Mm. Thayer. ?.b. City Clerk Worthing presented~ ORDINANCE NO. G-420. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL~ SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THAT PART OF N. W. THIRD AVENUE LYING BETWEEN N. W, SECOND AND THIRD STREETS; AND S. %;. THIRD AVENUE LYING BETWEEN S. W. FIRST AND SECOND STREETS, TO A WIDTH 0F TWENTY-FOUR FEET, SAID ASSESSMENT ROLLS- BEING ATTACHED HERETO AND FORMING A PART HEREOF. Ordinance No. G-~20 was unanimously placed on first reading on motion by Mr. Campbell and 'seconded by ?.c. City Clerk Worthing presented ORDINANCE NO. G-t~16A. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, CODE OF ORDINANCES OF TEE CITY OF DELRAY BEACH, FLORIDA, BY. ADDING A SECTION TO SAID CHAPTER PROVIDING FOR THE SUSPENSION OR REVOCATION OF OCCUPATIONAL PERJiITS TO OPERATE. TAXICABS IN THIS CITY UPON THE FAILURE OF HOLDERS TO COMPLY WITH CERTAIN CONDITIONS It was moved by Mr. Avery, seconded by Mr. Campbell and unani- mously carried that O~dinance No. G-~16A be placed on first reading. 8.a. City Manager Smitzes made the following report result'lng from a request for same by the Council. "In accordance with Council instructions at November 6th .meeting, the charge for over-parking was revised and we see no objection to changing same from 50~ to $1.00 as an over-parking fine after the 1-hour free period. Although the Police Department does have an adequate number of parking tickets indicating a %0~ parking fine amount, it will be no great chore to modify this to $1.00." Mr. Avery stated that since the purpose of pa~king meters is-to keep traffic moving and with the thiraking that the higher fine will cause people to be a little more observant of it and keep the traffic moving, moved that the parking violation fee be henceforth $1.00 and that the recommendation be adopted. The motion was seconded by Mr. Thayer and carried unanimously. 8.b. City Manager Smitzes gave the following report concerning a request made by a-Councilman at the November 6th meeting. "During the past three months of August, September and October, only one arrest has been made by the Police Department involving the improper operation of a bicycle, that being at 12:01 A.M. on the night of August 12, '1961. "In order to more strongly emphasize the importance of this ordinance as a means of safeguarding bicyclists at night, 'the Police Department, either Monday or Tuesday, will send -?- 11-13-61 NOVEMBER 13, 1961. "a representative to all the'schools in-the ames to give a shor. t talk on the improtance of maintaining lights on 'bicycles when they are used at night. The Police Depart- ment will also give a release to the newspapers in order to reach the parents in an endeavor to accomplish the in- tended purpose of tl~ ordinance. Both the Police Depart- ment and the City Manager feel that the Ordinance is a good ordinance and that it should be enforced in a manner which will develop results." It was moved by Mr. Avery, seconded by Mr. Sundy and unani- mously carried that the City Managerta report be accepted. _ It was suggested that a notice concerning same be posted at the Community' Center also. X. City Manager Smitzes brought to the attention of the Council the time sequence of events for the sewer project and stated that it is now time for' the Council to take action in deciding to accept and open bids on the project, and to fit the pattern would be Wednesday at 2:00 P.M. December 13th, 1961. Sir. Avery stated that he felt it would be wise to postpone this for reflection and study of the reaction of the public. It was moved by Mr. Campbell to follow the procedure as outlined, the motion being seconded by Mr. Thayer..-Upon'~all of roll, Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. X. City Manager Smitzes presented a bill in the amount of $330.00 from Attorney John W. ~'pinner for legal services rendered incident to the City o$ Delray Beach Annexation Suits as associate counsel. It was moved by Mr. Campbell, seconded by Mr. Thayer and unani- mously carried that the bill be paid. X. It was moved by Mr. Sundy that Ordinances No. G~-236, G-237 and G-238 be repealed. The motion was seconded by Mr. Avery and carried unanimous ly. X. ~r. Avery informed the Council that some interested citizens had requested that a traffic study be made relative to the placing. · of a traffic light at the intersection of N. E. 22nd Street and N. E. 22nd Avenue at its intersection with Seacrest Boulevard. Mr. Avery then moved that the City Manager be instructed to institute, whether it is through the public, the State or the Zoning Department, the necessary studies as to the feasibility of a traffic light at that intersection. The motion was seconded by Mr. ~hayer and carried unanimously. 9.a. City Manager Smitzes presented Bills for Approval as follows: General Fund $ 15,122.53 Water Fund-Operating Fund 352.80 On motion by Mr. Thayer and seconded by Mr. Avery the bills were unanimously ordered paid. ~1 X. Mr. Campbell brought to Council attention that Dorothy Anne Yonkman who has covered Council news for some time has earned a pro- motion and is now the Sun-Sentinel Womants Editor and moved that the Council extend their congratulations, the motion being seconded by Mr. Thayer and unanimously carried. X. City Clerk Worthing presented a Eu~vey ~Report cf alleged nuisances existing' in violation of ChapteP 15 of the City,s Code of Ordinances that had been furnished the City Manager by the Fire De- partment. It was moved by Mr. Thayer, seconded.by Mr. Sundy and unani- mously carried to direct the Oity Clerk to~ comply with Ordinance No. G-388 as applicable to this nusiance survey report. (Copy of list of nuisance violations is attached to and made a Part of the official c~2 of these minutes.) See Pages 356A,356B, 356C an~8. 3~6D 11-13-61 NOVEMBER 13, 1961. Mr. Avery asked if the property on each side of South Federal Highway was on a nuisance violation list and was informed by City Clerk Worthing that it was. 3. The Council recessed from 9:05 P.M. until 10:10 P.M. after which City Manager Smitzes stated that it was the ruling of the City Attorney that the building permit in question was issued in violation of the Zoning Ordinance now in effect and recommends that the builder meet with the City Manager for a solution. Mr. Campbell then moved that since it was the ruling of the City Attorney that the building pex, mit was issued in violation of the Zoning Ordinance now in effect, that the builder meet with the City Manager for an attempted solution. The motion was seconded by Mr. Thayer and carried unanimously. X. Application for Beer License, consumption on the premises, for the Delrest Inn Coffee Shop at 934 East Atlantic Avenue was presented from Anne Ver~j and Ann Gallagher. It was reported that all require- ments had been met with the exception of a report from their finger- printing. It was moved by Mr. Avery that this license be g~anted subject to all the requirements being met. The motion was seconded by Campbell and carried unanimously. The meeting adjourned at 10:15 P.M. ROBERT. D .. WORTHING .... City Clerk APPROVED: MAYOR -9- 11-13-$1 NOVEMBER 13, 1961. PBOt~ERTIES IN VIOLATION' OF ORDENANCE G-147 'AND SECTION 1~-~ OF T~E CITY CODE O~NER ADDRESS' LOT, B~ a S~ CODE Cante~b~y, Inc. 3~0 5~h Ave. Lots 6, 7, a 8 ~ E.D. Bransome New York 1, N.Y. Blue Seas Carl C. · Rosa Studio Road Lot Z, Crestwood W~llim ~. · 8~O0 Wooste~ Pike ~t 3, Crestwood A~e Mooney C~nc~at~ ZT, Ohio Martha P. ~hilliDs McL~in Stmeet Lot Z, Waterway Lane Mt. K[sco, N. Y. W. L. a Ruth T. 1)1~ N.W. Znd Ave. Lot 8, Delra~ Isle ~o~ison Delra~ Beach, Fla. Jo~ W. McElwain )6~ Broadwa~ ~t 1~, Del~a~ Beach : ~t~lle Esplanade L. I., N. Y. ~en A. ~ Maids, et 950 N. H~er Blvd. ~t ~, Delra~ Beach S. Luckenbach Birm~h~, Mich. Esplanade Robert E. McCabe Box 191 Vac~t part of Lot 9, Jefferson Co~t~ W~O0~, Lot 10, less Charles To~, ~.~. Va. E300~ Ocean Beach Lots Ra~ond · Helen 16Z8 ~enesee St. Lots 38 · 39, Ocean Schutz Buffalo 11, N.Y. Breeze Estates ~eo~e Talbot,Jr. lZ6 No. Ocean Blvd. Lot ~ · NZS, of 3, Delra~ Beach, Fla. Ocean B~eeze Estate C. Hemm~ck~ Len[,.' P.O. Box 85~ Lots 1,Z, R WlO0~ of K. Ha~ond Del~a~ Beach, Fla. Lot 3, H~ond Pr6Dert~ Fontain Fox 6Z~ N. Ocean Blvd. W~O0~ of Lots Z ~ 3 less ~ Nowl~n R Adems Delra~ Beach, Fla. W~' thereof, less S10~ of Lot 3, Block E, Palm Beach Sho~e Ac~es .~e C. Hart 606 S. Ocean Blvd. W~O0~ of SlO' of Lot 3 Delra2 Beach, Fla. · ~ of Lot ~, Palm Beach Shore Acres, Block E. Wray B. a 18061 S~ta Barbara Lot 10 a S33.3' 'o~ ~t Wilma Bailey Detroit 21, Mich. 11, Seabreeze Park Sara E. ~yeffo~t 936 5th Ave. Lot 5, Ocean Breeze New York 21, N.Y. Estate N 100, less W ~17~of Haden · Ann 33~ N. Ocean Blvd. W100' of/Lot 3, (3B) Klr~atrick Delta2 Beach, Fla. Ocean Beach Lots, N. Fairfax of Holly- 1909 T21er St. Lot 8 a S5.5' of Lot 7, wood Development, Holl~ood, Fla. Ocean Beach Lots North Inc., % Jau Simons T.M. · Effie O'Neal ~ S.E. 2nd ~ve. Ail Lot 1 lying W of Delray Leach, Fla. F.E.O.R.R. less N25' · . W33'R~ less parcels sJld, Sec.21-46-43(1A) 4 Mrs. R.M. Suddeth Box 570 S75' of N200' of El31' ~er~llle, S.C. cf ~64' of Lot 1, Sec. 21'46-43 (lB) 4 OWNER ADDRESS LOT, ELOCK & S/D CODE Burnup & Sims, 1020 llth St, Irregular Parcel of Inc. West Palm Beach, Fla. land in Lot 1, Sec. 21-46-43, lying W of F.E.C.R.R.R/W 4 R.?. & Miriam H. 1221 N. W.3rd Ave. Lot 5, /mderson Block 4 Hanna Delray Beach, Fla. Jas. W. Doherty & 177 N. E. 2nd Ave. Lots 1 thru 13, James I. Sinks Delray Beach, Fla. Sinks Plat 4 J.L. & Margaret 198 N.E. 6th ave. Lots 3 & 4, Blk. 81 4 Patterson & Delray Beach, Fla. Dorothy K. Adams Richard J. Jr., & 2326 E. Menlo Blvd. Lots 27 & 28, less Lillian C. t~.~ite Milwaukee, Wisc. W50' Blk 81 4 Sherman D. Clough P.O. Box 362 Vacant part of Lots 1 Delray Beach, Pla. thru 8, W of RR Blk 90,4 E. J. & Annette 4477 W138th St. Lots 9 & 10, W.of RR, M. Turk Cleveland, Ohio Blk ~90 4 Mrs.,~illard M. P.O. Box 652 Lots 11 & 12, W of RR Waters Delray Beach, Fla. Blk 90 4 Alex & Beatrice P.O. Box 107 Lots 1 & 9, Blk 59 4 Wilson Delray Beach, Fla. Lee Realty Co. 1042 Hillcrest Blvd. Lots 13 & 14, Blk 58 4 ~est Palm Beach, Fla. Carl R. Brown Box 726 Lot 1, &7N41'5 of Lot BoFnton Beach. Fla. 2, Blk 4 R. W. Ward 2430 Barcelona Dr. S35.5' of Lot 2 & Ft. Lauderdale, Fla. N20.5' of Lot 3, Blk 75 4 Mary Elizabeth P.O. Box 701 E~ 9f S200' , Blk 66 Smith Delray Beach, Fla. (21~ 4 Richard Z. Simon 2000 N.E. 3rd Ave. Lot 13 & S25' of Lot Delray Beach, Fla. 12, Blk 79 4 Geo. '~.'illiam 276 Flamingo Dr. Lot 14, Blk 79 4 Archer West Palm Beach. Fla. Mrs. George M. 609 S.E. 3rd Ave. Lots 15 & 16, Blk 79 4 Lapham Delray Beach, Fla. A.A. Simon P.O. Box 35 Lot 20, Blk 79 4 Delray Beach, Fla. Frederick S. Box 2201 Lots 21,22, & 23, Neafie Delray Beach, Fla. Blk 79 4 Lee Realty Co. 1042 Hillcrest Blvd. NTO' of E135', Blk 71, West Palm Beach, Fla. (11) 4 Alfred Bostwick & 19 Salem Road S50' of N120' of El4O' Euretta R. Mills Ridgefield, Conn. Blk 71, (12) 4 Hamilton C. Forman Box 399 S42' of N162' less Ft. Lauderdale, Fla. !4135', Blk 71, (13) 4 John Zaine P.O. Box 35 N50' of S450' of E~ Delray Beach, Fla. Blk 71, (14) 4 John Zaine P.O. Box 35 NBO' of S~O0' of E~ Delray Beach, Fla. Blk 71, (15) 4 aoX-' . OWNER ADDRESS LOT, BLOCK & S/D CODE Mrs. John Rt. 4 N50' of S3~0' of Chauncey McCurdy Amherst, Va. E135', Lot(!6~,Blk 71 4 F. J. Schrader P.O. Box 877 Lots 1, 5, & 7, Blk A, Delray Beach, Fla. High Acres 3rd Addn. 4 Lots 1,5, & 7, Blk B, High Acres 3rd Addn. 4 Lots 1,4,5, 6 & EiO' of Lot 7, Blk C, High Acres 3rd Addn 4 Lot 9, Blk D, High Acres 3rd Addn. 4 Joseph R. & 1296 , RFD # 1 Lot 3, Blk A, High Lillian P.Garrison Lake Worth, Fla. Acres 3rd Addn. 4 Harold J. & 89 Center Ave. Lot 7 less EIO', Blk C, Elena J. Henrich Chattam, N.J. High Acres 3rd Addn. 4 Lee Belle Clark P.O. Box 203 Lot 1, Blk D, High Delray Beach, Fla. Acres 3rd Addn. 4 Geo. J. & ~arie M. P.O. Box 1688 Lot 6, Blk D, High Egan Delray Beach, Fla. Acres 3rd Addn. 4 Ruth E. Ennis 806 N.'~. 7th St. Lot 8, Blk D, High Boynton Beach, Fla. Acres 3rd Addn 4 Harry & Frances P.O. Box 284 E35' of Lot 14, all of Howell Delray Deach, Fla. 15 & 16, Blk D, High Acres 1st Addn. 4 I,.~. J. & Evelyn 2nd & Grand St. Lot 1 & E23' of Lot 2 Grady Hoboken, N.J. Blk E, High Acres 1st % Howell Bros. Addn. 4 Brockway, Weber & Guarantee Bldg. Lot 8 less W17o5' Brockway, .Engineers,West Palm Beach, Fla. Bonnicrest 2nd Addn. 4 J. M. & Grace W. P.O. Box 1795 Lots 9,10,15,16,19,20, Portman Delray Beach, Fla. 21, 22, 23 & 24, Bonnicrest 3rd Addn. 4 Garret J. & 109 N.E. 16th St. Lots 11 & 12, Irene E. Mulva Delray Beach, Fla. Bonnicrest 3rd Addn. 4 W. R. Haggart P.O. Box 2001 S36' of Lot 3, Lots 4 Fargo, N.D. thru 20, & S29' of Lot 21, Blk 73 4 Oscar A. & 107 S. W. 6th St. Lot 1, Sellers Addn. 4 Rose W. Rollins Delray Beach, Fla. D~ve & Della 225 S. W. 5th Ave. Lots 11 & 12, Blk ~2 4 Jones Delray Beach, Fla. James & Sarah 1733 Dunbar Village Lot 1, A. J. Johnson 4 Roundtree Apt. No. 4 West Palm Beach, Fla. Geneva Nelson 125 N. W. 3rd Ave. Lot 2, A. J. Johnson 4 Delray Beach, Fla. Leonard Robinson 708 7th St. Lot 3, A. J. Johnson 4 ~est Palm Beach, Fla. O. D. Priest, Jr. 111 S. W. ~th St. Lot 4, A. J. Johnson 4 Delray Beach, Fla. Willie Joe & 916-4th St. Lo~ 5, A. J. Johnson 4 Christine Bryant West Palm Beach, Fla. - 3- OWNER ADDRESS LOT, BLOCK & S/D CODE Elizabeth Johnson 916· 4th St. Lot 8, A. J. Johnson West Palm Beach, Pla. Curtis & Hattie 1010 9th St. Lot 9, a. J. Johnson Mae Pitts W~st Palm Beach, Fla. Clifford & Laura 916~ 15th St. Lot 12, A. J. Johnson Washington West Palm Beach, Fla. City of Delray Delray Beach, Fla. 50' R~,N. W. 1st St. Beach between 13th & 14th Ave. Eugene & Ruth E. 2400 6th St S~ Lot 16, Bi~ 4, Ennis, & Howard H. Cedar Rapids, Iowa Totterdale ~ddn. Cherry, Sr, E. B. & Maurietta 117 S'E. 5th Ave. Lot 17, Blk 4, Nichols Delray Beach. Pla. Totterdale Addn. Paul W. & Mary Box 2177 Lot 13, Blk ~ Speicher Delray Beach, Pla. Totterdale Addn. Richard T. & 1221 N. W. 3rd Ave. N} of Lot 2, all of Miriam H. Hanna Delray Beach, Fla. Lot 3, Blk 5, Ida Lake Terrace 4 Ray & Boles 150 N. W. 15th St. Lots 4 & 5, Blk 5 Raynor ~ Delray Beach, Fla. Ida Lake Terrace City of Delray Delray Beach, Fla. Et. R/W Blk 5 4 Beach Mar~ Louise 5009 ~ite Flint Dr. S7~' of N275' Of Travelstead Kensington, Md. El31' of W16~, of Lot 1 (lC) Se~.21-~6-~3 Submitted to the City Council by the City Manager this 13th day of November, 1961.