11-09-70 NOVEMBER 9, 1970.
A regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambere at 7:00 P.M., with Vice-Mayor James
H. Scheifley in the Chair, City Manager J. Eldon Mario.tt, City Attorney
G. Robert Fellows and Council members Grace' S. Martin, John L. Pitts,
III, and O. F. Youngblooa being present.
1. An opening prayer was delivered by Father Timothy Harmon.
2. The Pledge of Alleigance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of Oc~:ober~ 22, 1970, were
unanimously approved, on motion by Mr. Youngblood and seconded by Mr.
Pitts.
X. Mayor Scheifley introduced Mr. Leon M. Weekes, a Council candidate
for the coming election.
4. The City Clerk read three Proclamations signed by Mayor J. L.
Saunders, dated November 3, 1970, proclaiming November 12, 1970, as
THIRD ANNUAL FLORIDA ATLANTIC UNIVERSITY APPRECIATION DAY~ November
22 through 29, 1970, as BIBLE WEEK~ and November 11, 1970, as PRISONER
OF WAR DAY.
5. Mr. Pitts commended Mr. Sam Felton of Seagate Drive for getting
the information on volunteer ambulance s.erv£ce, with the possibility
that Delray B~ach may be able to use it. He reported .that copies of
all that material has. been.given to each Councilman, the Mayor, City
Manager and City Attorney, with the hope that it will be studied dur-
ing the next few weeks to see if the City can do anything wi,th it.
5. Mr. P~tts thanked Georgia Ma'rtinez, M~ami He~Id reporter, on her
November 9 newspaper article on the history of the Beach Revetment
Wall &nd bringing, the public up to date on just what is being done.
5. Mr. Pitts commended the City Manager for his work in trying to
form the Beach Erosion Prevention District. with the County. He. said
that while members of Council were at a Convention in West Palm Beach~
they were informed that House Bill No. 155, which became effective in.
June, 1970, will make the task easier for the City, .and if the County'
fails to take action, the Palm Beach County League of Municipalities
may take over and use this Bill as the vehicle to carry out a nourish-
ment program along the coast.
5. Concerning children playing in the Streets in the Western sector,
which make it dangerous for the residents to drive their vehicles,
Mr. Youngblood reported that Deacon Gaines, 343 N. W. 7th Avenue, has
asked if the Police Department cOuld take some kind of action, This
item was referred to the City Manager.
5. Regarding a complaint made by Rudolph Curry, 117 S. W. 4th Avenue,
on the way trash is picked up ~n the Western. Sector compared to other
areas of the City, Mr. Youngblood. asked if the City Manager would
make an investigation.
5. Mayor Scheifley announced that' the League of .Women Voters is
sponsoring a Candidates Forum, Tuesday, November 10, 1970, at 8~00
P.M., in the Council Chambers at the Delray Beach city Hall and-said
they urge all citizens who are interested in the upcoming election
on November 17, to come out and get acqua{nted with the candidates
and ask questions.
6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Pitts moved that the City
Clerk be instructed to proceed with the enforcement of Chapter 15 of
the City's Code of Ordinances, the motion being seconded by Mr.
Youngblood and unanimously carried. (Copy of the Nuisance Survey is
attached to the official copy of these minutes.) Sepepage 182-A.
6.b. City Manager Mariott said that in compliance with Section 12-5
of the City's Code of Ordinances, Council should determine the quali-
fications of the candidates having filed for the public office of
Councilman for two-year terms commencing on the first Monday° in
January, 1971; f~rther, the following candidates .have filed with the
City Clerk the information required by Section 12-3 of the Code of
Ordinances and by Florida Statutes 99.161(11) re.garding campaign
treasurers, contributions, expenditure~, etc., and prior to acceptanc~
of the candidates' q~atifications, Council should solicit the advice
of the City Attorne~' as to proper procedure having been followed:
· FREDERICK B'. CONRAD
JAMES H. JURNEY
JAMES H. SCHEIFLEY
PETER N. VOSSOS'
LEON M. WEEKES
Du~ to the ca~ldidates' qualifications meeting the approval of the
City Attorney, Mr. Youngblood moved '-to accept said qualified candi~
dates, the motion being seconded by Mrs. Martin and unanimously car-
ried, with Vice-Mayor Scheifley abstaining.
6.c. The City Manager said that in compliance with requirements set
forth in Chapter '12 of the City's Code of Ordinances, Council should
appoint a Clerk and Inspectors to preside over the Primary Election,
which will be held on Tuesday, November 17, 1970, and the General
Election, which will be held on Tuesday, December 1, 1970. He sug-
gested that a Clerk and twelve Inspectors for the Primary Election and
a Clerk and thirteen Inspectors for the General Election be appointed
from the following list of possible appointees:
VERA BONE MARTHA RITTERBUSCH
WILLOW BRIN LINA SCHROEDEL
MARTHA DeCLERCQ ANNE ROSE SLOAN
SARA DeNEEN C. C. TURNER
HELEN B. FLATLAND MARY B. WALKER
THELMA GOODWIN ELSIE WHARTON
CHARLOTTE KIEL DOROTHY WILLIAMS
LYDA MERRILL BERTHA WORTHING
GLADYS RISKER L. L. YOUNGBLOOD
Mr. Pitts moved that appointment of a Clerk and Inspectors be
made as recommended, the motion being seconded by Mr. Youngblood and
unanimously carried.
6.d. City Manager Mariott reported that in compliance .with Section
12-7 of the City's Code of Ordinances, Council shall canvass the re-
turns of the Primary Elections~ at a meeting to be held not later than
three days after said election.
Mrs. Martin moved to schedule a special meeting to be held at
8:00 A.M., Thursday, ~ovembe= 19, for canvassing the returns of the
Primary Election. The motion was seconded by Mr. Youngblood and
unanimous ly carried.
6.e. Regarding authorization for a straw ~ote question to be placed
on the General Election ballot relative to C~le Television, the City
Manager repo~ted that in recent years the Ci.ty~ has received requests
from various companies concerning, a cable television franchise, and
-2- 11-9~70
177
recommended that Council make a motion that a straw vote be taken at
the General 'Election on December 1, 1970, for a "Yes" or "No" vote on
said item.
The suggested wording for said straw vote item submitted by
Attorney John H. Adams;' representing a prospective bidder for the non-,
exclusive franchise, was revised to read as follows, and unanimously
approved by Council, on motion by Mr. Pitts and seconded by Mrs.
Martin:
"DO you want the City of Delray Beach to award a non-exclusive
Cable Television Franchise that would make Cable T.V. avail-
able to those residents who desire the service, would not
interfere with normal antenna reception and would guarantee
the City additional revenue."
6.f. Concerning appointment to the Plumbing Board tO fill the vacancy
created by the resignation of Mr. Thomas M. Benton,. the City Manager
reported that the remaining members of the Plumbing Board recommend
appointment of Eugene Elliott to fill said vacancy.
After general discussion, Mr. Pitts moved that said appointment
be tabled for two weeks for further study, the motion being seconded
by Mrs. ~4artin. Upon call of roll, Mrs. Martin, Mr. Pitts and Mayor
Scheifley were in favor of the motion and Mr. Youngblood was opposed.
7,a. City Manager Mariott reported that a petition has been received'
from Attorney Harry T. Newett, representing Louis M. and Marie T...
Moyroud, for abandonment of a north-south 16-foot alley running throuch
Block 5, Re-Plat of Ida Lake Terrace Subdivision, all of said Block 5
being owned by the petitioner.
He said this alley, which has never been opened nor used, runs
through the center of the Block and the City Engineer advises that
there is a sixteen-foot utility easement in this alley on which there
is a utility pole with guys; further, inasmuch as this alley is not
needed by. the City for other purposes, it is recommended the request
for abandonment be granted, subject to retainage of the sixteen-foot
utility easement
Mrs. Martin moved to abandon said alley subject to retainage of
the sixteen-foot utility easement, the motion being seconded by Mr.
Youngblood and unanimously carried.
Col. Theodore Poole, Planning and Zoning Board Chairman, suggest~
ed that in the future Council refer all requests for abandonments of
alleys or easements to the Planning and Zoning Board for study and
r ecommendat ion.
This request was referred to the City Manager for study and recom-
mendation to the Council at the next workshop meeting.
7.b. The City Manager informed Council that a request has been re-
ceived from the Church of Christ for use of the Community Center
gymnasium and meeting rooms on Thanksgiving Day, November 26, 1970,
between the hours of 4-.00 and 11:00 P.M. for a program with speakers,
singing and serving a dinner. Further, inasmuch as the Director of
Parks and Recreation advises that such use of the Center's facilities
will not conflict with existing programming, it rs recommended said
request be granted.
Mr. Youngblood moved that said request be granted, the motion was
seconded by Mr. Pitts and unanimously carried.
7.c. City Manager Mariott ~eported that a petition has been received
from Mr. William Gordon Dowd, Manager of Delray Beach Marina, Inc.,
for a license to sell beer, for consumption off the premises, in
~onnection with the Marina's operatio~ at 1035 South Federal Highway.~
further, the applicant having been investigated in the prescribed man-..
~er by the Police Department and approved, it is recommended that said
request be granted.
Mr. Pitts moved to grant said request, the motion being seconded
by Mr. YOUngbloO~ and unanimously carrie~.
-3- 11-9-70
7,d. ~The ~ity .Manaqer informed Council that a request has been re-
ceived from Mr. Raymond S. Roy, Jr., of St. Alldrews. School for use
of the Community Center gymnasium on JanuarY '.,t5.:, 22 and 29, 1971, be-
ginning at 7.-00 P.M., for holding varsity basketball games. Further,
the Director of Parks and Recreation having advtse~ that 'this use of
the. gymnasium .will not conflict with existing pr~=ammi~g, it is
recommended that said request be granted..
Mr. Youngblood moved to grant said request, the motion being
seconded by Mr. Pitts and unanimously carried.
7.e. Council was informed that a letter dated October 14, 1970, has
been received from Mr. James J. Ritterbusch, President of Sherwood
Park Developers, Inc. and Sherwood Park Builders, Inc., offering to
dedicate t° the City of Delray Beach Parcels A through H, Sherwood
Park Subdivision.. 'The City Manager explained that these parcels com-
prise the entrances to the Subdivision, with Parcels A, 'B, E and F
being extensively l&ndscaped with a sprinkler system and the City sup-
plying water and Parcels C, D, G & H being moderately landscaped with
no sprinkler system.
He read an excerpt from a memorandum from the City Engineer con-
cerning this matter and recommended that said offer be accepted.
Mr. Youngblood moved to accept said offer and that the deed to
said property be accepted by the City and recorded, the motion being
seconded by Mr. Pitts and unanimously carried.
8.a. The City Manager presented RESOLUTI°N NO. 67-70..
A RESOLU?tON OF TH~ CI~' COUNCIL OF
CITY OF DELRAY BEACH., FLORIDA, APPROVING
EXTENSION OF SITE PLAN APPROVAL FOR LAKE
DB~RAY APARTMENTS.
(Copy of Resolution No. 67-70 is attached to the off. icia! copy
of these minutes.) See page 182-B..
Resolution No. 67-70 was .unanimously passed and adopted o.n.~ first
and final reading, on motion by Mr. Youngblood and seconded by Mr.
Pitts.
Mr. Pitts seconded thia~ mQtion with the understanding that this
is no guarantee to a~ developer that the time on .Site Plan Approval
will be extended, ~and that each one will be judged on its 'own merits.
8.b. City Manager Mariott presented RESOLUTION NO. 68-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY 'OF DELRAY BEACH, FLORIDA, APPROVING
EXTENSION OF SITE PLAN APPROVAL FOR LAKE
.RAY.
(Copy of Resolution No. 68-70 is attached to the official copy
of these minutes. ) See ~ag~' 182-C.
ResOlution No. 68-70 was unanimously passed and-. adopted on first
and final reading, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
8. c. The City Manager presented RESOLUTION NO. 69-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRA¥ BEACH, FLORIDA, APPROVING
NETWORK SIX PLAN ADOPTED BY THE POLICY
COMMITTEE OF~HE WEST PALM BEACH-uRBAN
AREA TRANSPOKATION 'STUDY WITH TH~ UNDER-
.. STANDING THAT A CONTINUING COMPRE~I~NSIVE
PLANNING PROCESS WILL BE CARRIED .~N AND
THAT THE NETWORK WILL BE UPDATED
VI ED ACCOaOING TO AN aPPrOVED OPE ONS
1,79
Vice-Mayor Scheifley said that the Network Six Plan, adopted by
the Policy Committee of the West Palm Beach Urban Area Transportation
Study, provides for the four-lam'~ng of A1A, and recommended that this
item be referred to the P~lanning and Zoning Board.
Mr. Pitts moved that Resolution No. 69-70 be referred to the
Planning and Zoning Board, the motion being seconded by Mr. Youngblood
and unanimously carried. See: Rasolution No. -10-71.
8.d. City Manager Mariott presented ORDINANCE NO. 34-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OP DELRAY BEACH CERTAIN LANDS IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WRICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS ~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS .~ OF SAID LANDS; AND PRO-
VIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 34-70 is attached to the official copy
of these minutes.) See page 182-E-F.
Mr. Stanley Tats, developer of said property, reported that they'
had brought in their own engineering department and that every
.requirement of the ~!anning: and Zoning. Board and Eng.ineering Depart-
ment of: the, .City~ have. been complied. With .and all of the drawings~, have
been submitted with all of the changes that were. reqUested by those
departments.. Further, the 0nly item that.has not been compiled with
is the Beautificati. Qn Committee and a-meeting is scheduled for Wednes-
day of this ~eek and. hi~s landscape architect would be. presen,t at that
meeting., He.presented the following letter:
"This letter is written to inform you that we are will-
ing to place ourselves on record that if we obtain site
plan approval as submitted and the zoning for the 74 acres
we have purchased~ a portion~ o.f which:a~e, in the process
of being annexed by the·C~ty of Delray Beach, the follow-
ing shall apply:
{1) the property shall be developed entirely, with
4-unit 1-story buildings;
(2) the pro~ertYywill hav, e a density of approximately
seven ..(7) apartments per acres;
(3) the overall development w%1! be similar in con-
cept ideals to the develop~_nt known as High Point
.of~ Boynton Beach..
Th'ank you f6r' any' consideration you are~in a poSition to
afford us Conce~rning this matter."
A Pub.lie HeariDg having been !egally: advertised in .compliance
with the laws of the State of. Florida and the Charter of the City: of
Delray 'Beach was held, :and, following.· general discUssion, Ordinance
NO. 34-'70 was' unanimously passed and adopted on this second and final
reading, on motion by Mr. Pitts. and seconded by..Mrs. Martin.
8.e. The City Manager..presented ORDINANCE NO. 36-70.~
AN..' ORDINANCE OF THE CITY: coUNCIL OF THE CITY OP
DELRAY BEACH, FLORIDA,- REzONiNG 'AND PLACING THE
NORTHWEST QUART.ER (NW¼) OF THE NORTHF2~ST QUARTER
(NE~) OF THE SOUTHWEST QUARTER (SW¼) OF SECTION
18, TOWNSHIP 46 SOUTH., RI[NGE 43 EAST, IN "RM-1
MULTIPLE FAMILY DWELLING DISTRICT", AND AMEND!I~G
"ZONING MAP OF DELRAY BEACH, FLORIDA, 19~9~'.
.~(Copy of Ordinance No. 36-70 is attached .to the official copy
of these'minUte~.) "See page 182-G.
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 'wa~ held, and, there being no objection to Ordinance No.
36-70, said Ordinance was unanimously passed and adopted on this sec-
ond and .final reading, 6'~ motion by Mr. Youngb!ood and seconded by'
Mrs. Martin.
8,f. City Manager Mariott presented ORDINANCE NO. 37-70.
AN ORDINAECE OF THE CITY COUNCIL~ OF THE
CITy OF DELRAY. BEACH, FLORIDA, AMENDING
CHA~TER 4 OF THE CODE OF ORDINANCES .OF
THE CITY OF DEIPRAy BEACH BY REPEALING
SECTION 4-4 (b} PERTAINING TO THE SALE
OF ALCOHOLIC BEVERAGES ON ELECTION DAY.,
(Copy of Ordinance No. 37-70. is-attached to the official copy
Qf these minutes.) See page 182-D.
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.
37-70, said Ordinance was unanimously passed and. adopted on this sec-
ond and f~na~ ~ead~ng, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
8.g. The City Manager presented EMERGENCY ORDINANCE NO. 39-70.
AN EMERGENCY ORDINANCE OF ~THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, .FLORIDA, AMEND-
ING CHAPTER 27, SECTION 27-3 (b), CODE OF
ORDINANCES OF THIS CITY' PERTAINING TO WATER
RATES CHARGED TO~ THE CONSUMERS OUTSIDE THE
CORPORATE LIMITS .OF THE CITY OF DELRAY BEACH,
FLORIDA.
The City Manager requested that said Ordinance be deferred ~uDti~
the next regUlar meeting{j
8.h. City Manager Mariott presented ORDINANCE NO. 40-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 15, SECTIONS 15-5 AND 15-6~ CODE
OF ORDINANCES OF THINS CITY, PROVIDING FOR
PERSONNEL .TO INSPECT PROPERTY WHICH
MAY BE DECLARED A NUISANCE.
Ordinance No. 40-70 was unanimously placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
9.a. Concerning the Tropic Isle Civic Association request for the
creation of a new zoning district to conform with the Tropic Isle
Subdivision deed restrictions, the City Manager reported that the
Planning-and Zoning Board at~ their regular meeting on OCtober 20,
passed a motion reco~nending to Council that said district be created,
which.would generally be the same as the R-1AA Zoning Distr~ct, with
setbacks of 8% feet on side yards, 25 feet on front yards and 25 fee~
on the waterfront, and 'which would apply to all R-IA and R-1AA lots ~
in Tropic Isle; further, that the Council instruct the City administra-
tion to use these setbacks in Tropic Isle pending the passage of a
new ordinance.
After general discussion, Mr. Pitts moved that the City Attorney,
~ity Manager and Ad/ninistration prepare said ordinance, the motion be-
ing seconded bY Mr, Youngblood and Unanimously carried.
There was .discussion on th~ S~nd part ~f the reco~endation but
~o action was t~. ~6- 11~9-70
9.b. The City Manager reported that an application, h~s been received
from the Daughter of Zion Seventh-Day Adventist Church for permission
to'solicit funds door-to-door and on the streets within.the city on
November ~5 through 29, 1970; further, the Solicitations Committee
has reviewed sa{d-application and recommends.approval of same.
Mr. Youngblo°d moved that said request.for soliciations of funds
be granted, the motion being seconded by Mr. Pitts and.unanimously car-
riedo
9.c. City Manager Mariott reported that an application has been re-
ceived from the Delray Rocks, Inc., an orgamization formed to support
youth football activities'in Delray Beach, for permission to solicit
funds on November 13 and. 14, 1970, proceeds from~Which Will' beused .for
printing football programs~
He said the Solicitations Committee has reviewed said application
and recommends approval of same.
Mrs. Martin moved that said request for solicitations of funds
be granted, the motion being seconded by.Mr. Youngblood and unanimously
carried.
10.c. The following Bills for Approval were presented:
General Fund $174,851.82
Water Ope=ating & Maintenance Fund 15,933.61
Utilities Tax Revenue Fund 55,440.00
Utilities Tax Certificates, Principal
Interest Redemption Fund Water & Sewer Fund 200.00
Interest &..Sinking Fund, Water & Sewer Revenue
Bonds, Series 1961 14,800.00
Cigarette Tax.Fund 10,047.72
Cigarette Tax Fund, Sinking Fund Reserve,~
Series 1965 4,000.00
Capital Improvements Construction Fund 30,629.49
The bills were unanimously approved for payment, on motion by
Mrs. Martin and seconded by Mr. Youngblood.
The meeting adjourned at 8:55 P.M.
HALLIE, E, YATES
City Clerk
AP PROVED:
MAYOR
-7- . 11-8-70
'182-A
PROPERTIES IN VIOLATION OF ORDINANCES NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER.AND.ADDRESS PROPERTY DESCRIPTION CODE
1. Vacant part of'N 193.2' of ~ 15-3
Wm~ D. & Dolores T. Adeimy ~ of West %'of.Lot i Iying East &
1201 Omar Road of Easterly R/W line of FEC 15-4
WeSt Palm Beach, FlOrida 33405 Railway less North 2~' R/W
and North 193.5' of West half
of East half of Lot i less East
325' and less North 25' R/W,
Section 21-46-43. (124 S.E. 4th St.)
2.
John W. Nottingham West 50 feet of Lot 39 and 15-4
P. O. Box 2008 East 25 feet of Lot 40,
Anderson, Indiana 46202 Block 5, Seagate Extension.
(1023 Lewis Cove)
3.
Mary L. Plym West 75 feet of Lot 40, 15-4
c/o Lawrence J. Plym Block 5, Seagate Extension.
Kawneer Company (1021 Lewis Cove)
Niles, Michigan 49120
4.
Vince V. Canning, Jr. Lot 9, Hofman's 8th Avenue Addition.
335 E. Atlantic Avenue (502 N. E. 8th Avenue) 15-4
Delray Beauh, Florida 33444
5.
John D. & Fredrica E. Halstead North 50 feet of South 150 15-3
951Alamanda Drive feet of West 135 feet of
Delray Beach, Florida 33444 Block 33. (309 N, W. 4th Avenue)IS-4
Violations '15-3 and 15-4 as concerns this report are as follows~
i 1. 15-3 - Debris, old lumber and tree limbs
~ 15-4 - Weeds and undergrowth
~ 2. 15-4 - Weeds and undergrowth
3. 15-4 - Weeds and undergrowth
4. 15-4 - Weeds and undergrowth
5. 15-3 - Debris
15-4 - Weeds and undergrowth
Submitted to the City Council by the City Manager on this
the 9th day of November, 1970.
.182-B
RESOLUTION NO. 67-70.
A RE~OLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRA¥ BEACH, FLORIDA, API%ROVING
EXTENSION OF SITE PLAN APPROVAL FO~i LAKE
DELRAY APARTMENTS. '~'
WHEREAS, the developer of LAKE DELRA¥ APARTMENTS
has petitioned council for an extension of the time
'for. the site plan as required in Ordinance No. 29-70,
and
WHEREAS, Council in workshop meeting on November
4th, 1970, agreed to grant such an extension;
NOW¢ THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
That the site plan for LAKE DELRAy APARTMENTS,
Delray Beach, per Plat Book 28, Page 237, Public Rec-
ords of Palm Beach County, Florida, is granted an ex-
tension of time as follows:
Building No~ '3 shall be commenced on or
before October 1, 1972, and Building No.
4 (the last building) shall be commenced
within two years after the certificate of
occupancy has been issued for Building No.
3.
PASSED and ADOPTED on this the 9th day of November,
1970.
/S :~ James H. Sch~ifley
VICE-MAYOR
ATTE ST:
_/S/ Hal!ie E. Yates City Clerk
182-c,
RESOLUTION NO. 68-70.
A RESDLUTION OF THE CITY COUNCIL OF THE
CIH~> OF DELRAY BEACH, FLORIDA, APPROVING
EXTENSION OF SITE PLAN APPROVAL FOR LAKE
RAY.
WHEREAS, the developer of LAKE RAY has petitioned
Council for ·an extension· of the time for the site plan
as required in Ordinance No. 29-70, and
WHEREAs, Council in workshop meeting on November
4th, 1970, agreed to grant such an extension;
· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACHv FLORIDA:
That th~ site plan for LAKE RAY, Delray Beach, per
Plat Book 29, Page 61, Public Records of Palm Beach
County, Florida, is granted an extension of time as
follows:
Th~ first building shall be commenced on
'~ or before November 1, 1973, and each·suc,
ceeding building shall be commenced within
one year after the certificate of occupancy
ha~s been issued for the preceding building..
PASSED and ADOPTED on this the 9th day of November,
1970.
/~S/~. J~ames H. Scheifle¥
VICE-MAYOR
ATTEST:
/~.S/ Hallie E. Yates City Clerk
182-D
ORDINANCE NO. 37-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 4 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY REPEALING
SECTION 4-4 (b) PERTAINING TO THE SALE
OF ALCOHOLIC BEVERAGES ON ELECTION DAY.
WHEREAS, the State of Florida has repealed Florida Statutes
104.381 which prohibits the sale of ~ntoxicating beverages while
election polls are open; and
WHEREAS, Council deems it in the best interest of the City
of Delray Beach to permit the sale of intoxicating beverages
While election polls are open;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4-4, Chapter 4 of the Code of
Ordinances of this City be amended to read as follows:
"Sec. 4-4. Hours of sale; consumption and
delivery when sales prohibited.
· It shall be unlawful for any person to
sell, serve, consume or deliver or permit to
be sold, consumed, served or delivered any
alcoholic beverage containing over one percent
of alcohol by weight, in the city during ,the
following hours:
From 4:00 o'clock a.m. to 12:01 o'clock
p.m. on Sundays, and 4:00 o'clock a.m. to 7:00
o' clock a.m. on Mondays through Saturdays."
PASSED and ADOPTED in regular session on this second and
final reading on this 9th day of November , 1970.
ATTEST:
city Cle~k.~
First Reading October 12, 1970
Second Reading Noverr~er 9, 1970
ORDINANCE NO. 34470.
AN ORDINANCE OF THE CITY COU~CIL OF THE CITY
OF DELRAY BEAC}{, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN' LANDS IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAiD LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO-
VIDING FOR THE ZONING THEREOF.
WHEREAS, STEWART B. IGLEHART and LINDA C. IGLEHART, his wife,
NORMAN H. ARMOUR and IRENE ARMOUR, his wife; THOMAS H. RINK and
MARY JO M. RINK, his wife; and JOBN M. STONEBURNER and FRANCES M.
STONEBURNER, his wife, are the fee simple owners of the lands here-
inafter described, and
WHEREAS, SETWART Bo IGLEHART and LINDA C. IGLEHART, his wife,
NORMAN H. ARMOUR and IRENE ARMOUR, his wife; THOMAS H. RINK and
MARY JO M. RINK, his wife; and JOBN M. STONEBURNER and FRANCES M.
STONEBURNER, his wife, by petition through their Authorized Agent,
Mr. Robert Kinkead, have consented and given permission for the
annexation of said lands 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 State of Florida, and
WHEREAS, the annexation of these lands, in the RM-1 Multiple
Family Dwelling District, has been recommended by the Planning and
Zoning Board in action taken at its meeting held on September 1,
1970;
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 following
described tracts of land located in Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida, which lie contiguous to
said City, to-wit:
The West Half (W½) of the Southeast Quarter
(SE%) of the Northwest Quarter (NW~); The
Northwest Quarter (NW%) of the Northwest
Quarter (NW%) of the Southwest Quarter (SW¼);
The East Half (E½) of the Southwest Quarter
(Sw%) of the Northwest Quarter (~%); The
Northeast Quarter (NE%) of the Northwest
Quarter (NW%) of the Southwest Quarter (SW%);
and that part of the East half (E~-'~) of the
Southeast Quarter (SE¼) of the Northwest
Quarter (Srw%) of the Southwest Quarter
lying North of State Road No. 806 (West
Atlantic Avenue) all being in Section 18,
Township 46 South, Range 43 East.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above
described tracts of land, and said lands are hereby declared to
be within the corporate limits of the City of Delray Beach', Florida.
1'82-F
Page 2. ORDINANCE
SECTION 3. That the lands hereinabove described are
hereby declared to be in Zoning District Pd,~-l, 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,
immunities, debtS, obligations, ti.abilities, ~)rdinances and
laws to which lands in the City of D~lray 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, claus, e, 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 the remaining portion.
PASSED in regular session on the second and final reading
on the 9th day of November , 1970.
/S/ James H. Scheifley
VICE-MAYOR
ATTEST:
City Clerk "'
First Rea,ding octobe, r 12z. 1970 .
Second Reading ,November .9, ..1_970
182-G
ORDINANCE NO. 36-70.
AN ORDINANCE OF THE CITY couNcIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
A/~D PLACING THE NORTHWEST QUARTER (NW¼)
OF THE NORTHEAST QUART a (NE%)OF THE
SOUTHWEST QUARTER' (SW%) OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN
"RM-1 ~JLTIPLE FAMILY DWELLING DISTRICT",
AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA 1969"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP
DELRA¥ BEACH, FLORIDA:
SECTION 1. That the following described property
ir~ the ~ity .of Delray Beach, Florida, is hereby rezoned and
placed in the "RM-1 Multiple Family Dwelling District" as
defined by Chapter 29 of the Code of Ordinances of the City
of Delray Beach, Florida, to-witz
The Northwest Quarter (NW¼) of the North-
east Quarter (NE%) of the Southwest Quarter
(SW~), Section 18, Township 46 South, Range
43 East.
SECTION 2. That the Building Inspector of said
City shall upon the effective date of this Ordinance change
the Zoning Map of Delray Beach, Florida, to conform with the
provisions of Section 1 hereof.
PASSED in regular session on the second and final
reading on this the 9th day of November , 1970.
/S/ James H. Scheifley V I C E-,M A Y 0 R
ATTEST:
/S/ H.a_.!lie E. Yates._ ~.. City Clerk
First Reading .Qct.0~er_12~ 197Q
Second ~eading ...Nove.m. be.r 9, _1970
. 83
NOVEMBER 19, 1970.
A Special Meeting of the City Council of the City of Delray Beach,
F!orida, was held in.the Council Chambers at 8:00 A.M., Thursday,
November 19, 1970, with Mayor J. L. Saunders fn 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.
The Pl~ge 'of Allegiance to the Flag of the United States of
America was ~ given.
Mayor Saunders called the meeting to order and announced that
same had been called for the purpose of canvassing the returns of the
Primary Election.held on Tuesday, November 17, 1970.
The City Clerk reported that the results of the Primary Election
held on Tuesday, November 17 are as follows, and in the absence of
any declaration of contest by any of the Candidates in said Election,
Council should declare the results of~the Election as reflected in
the returns submitted by the Clerk and Inspectors for the Election:
FREDERICK Bo CONRAD 119
JAMES H. JURNEY 589
~., JAMES H. SCHEIFLEY' 957
PETER N. VOSSOS 271
LEON M. WEEKES 982
Total votes cast 2,918
Mr. Youngblood moved that the returns of said Primary Election
be accepted, the motion being seconded by Mr, Pitts and unanimously
carried.
The meeting adjourned at 8:05 A.M2
HALLIE E. YATES
CITY CLERK
APPROVED:
~ MAYOR
()V-..e.[-.ll . q~ 'i-