05-26-69 NAY 26, 1969.
A regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 8:00 P.M., with Mayor J. L.
Saunders in the Chair, Acting City Manager R. D. Worthing, City Attor-
ney G. Robert Fellows, and Councilmen John L. Pitts, III, James H.
Scheifley, James B. Wilson and O. F. Youngblood. being present.
1. An opening prayer was delivered by Dr. Warren J. Nubern.
2. The Pleage of Allegiance to the Flag of the Unitea States of
America was given.
3. The minutes of the regular Council meeting of May 12, 1969, were
unan£mouslypitts, approved, on m°tion by Mr. Wilson and second~' by Mrs
4. Acting City Manager. Worthing stated that with reference to .~ertain
papers served on each of the Councilmen and Mayor just prior to the
last regular Council meeting, pertaining to a potential suit against
the City relative to legality of enforcing the regulations contained
in the City's Ordinances governing telephone solicitation, the suit
has been dismissed by Judge James C. Downey in the Circuit Court.
4. City Manager Worthing called Council attention to the PUBLIC
HEARING, concerning an application for a Department of the Army peri
mit by the Coastal Petroleum Company to mine limerock in Lake
Okeechobee, stating that this Public Hearing will be held at 9:00 A.M.,
Thursday, June 12, in the West Palm Beach Auditori~.
Council will again be rem~nded of this Public Hearing at
the next regular Council meeting, as it may .be the desire to attend
this very important hearing.
5. Mr. Pitts reported he had received a complaint from Mr. John Sword
of Breezy Ridge Estates· of drag racing on West Atlantic Avenue in that
area and asked that this b~...checked into.
5. Mr. ~Pitts read a letter from Mr. Carl Grimes, Gulfstream Shore
Apartments, a member of the Delray Beach Chamber of Commerce, con-
cerning North AIA having been closed for more than nine months ~ stat-
ing that the effect has been disastrous to the motel and hotel business
in that area, and asking the City to open the highway to one-lane
traffic, wh'ich is impossible at this time, but until that is done that
the detour signs be p~osted for public information that the detour is
only five blocks. Fun:her, they desire a small sign at the beginning
of the detour indicating the distance to these affected hotels.
M~r Saunders asked the Acting City Manager to contact Sgto Dalton,
Traffic K~gineer, concerning ~osting of .proper signs; also that the
Police Department be informed of the complaint of drag racing on West
Atlantic Avenue.
5. Mr. Scheifley. reported that he and his wife had made about a
thousand-mile trip last week to Sarasota and Key West, that they did '
a lot of stopping and sight-seeing and didn't see any town they felt
compared to Delray Beach.
5. Mayor Sau~dere amlounced there woul~ be a dedicatiOn of the Teen
Town Pony League Baseball F~eld at'7:00 P.M., Friday, May 30, 1969, and
asked that people would go out to see that ball field as it is a credit
to Delray Beach.
6.a. Acting City Manager Worthing re~orted that in compliance with
Section 7 of the City Charter Council determination to lease a parc~l
of City-owned land to the Delray Beach Police Benevolent AssOciati°n
has been publicly advertised describing t~he property involved, the
-1 - 5-26 -69
proposed life of the lease and the terms therefor, and a public hear-
ing should be held at this time for the purpose of receiving objections,
if any, to such proposed lease, a colby of which was furnished to
Council. copy of lease is attached. See pages '92-D-E.
A Public Hearing having been held and there being no objections
to said lease, Mr. Yo~ngblood moved to authorize execution of said
Lease by the proper City officials, the motion being seconded by Mr.
Wilson and unanimously carried.
Mr. Nathan Sharp was commended for his fine work on the Committee
in bringing about this lease and the proposed building of the Delray
Beach Police Benevolent Clubhouse.
7.a. Council was informed that an application has been received for ~-\
permit to sell BEER and WINE for consumption OFF the premises, in con-
Junction with the '~peration of the West End Market, located at 1t30 ~'
West Atlantic Avenue. Further, the applicant, Mr. Mario A. DiMarzio, i~
has been investigated in the prescribed manner by the City'S law en- ~
forcement division, as well as the State Beverage Department, and hav-
ing been approved .by those agencies, and otherwise being' in compliance
with all regulations as set forth in Section 4-24 of the City's Code
of Ordinances, it is recommended that the application be approved.
Said application for Beer and Wine, consumption off of the premises,
'i!i' was unanimously approved, on motion by Mr. Wilson and seconded by Mr.
" Pitts.
7.b. Concerning a request for permission to plant trees within a
dedicated alleY, Acting City Manager Worthing reported to Council as
fo 1 lows =
"The Tropic Isle Civic Association has petitioned for permit to
plant a row of Australian Pines within a twenty foot wide alley, so
dedicated and lying in the northern part of Tropic Isle Subdivision,
more specifically between Eve and Bolender Streets, adjacent to and
east of Gateway Shopping Center.
This 'Alley.', platted in 1956, has never been opened for any
traffic or use and the reason for this request is to shield the many
improved properties in that section of Tropic Isle from the glare of
Flood Lights installed on the Automobile Agency grounds immediately
west of the 'Alley'.
It is recommended that this request be referred to the City Engi.-
neet .and Director of Public Utilities for review and recommendation
which, in part, and if approved, should provide that any Such 'permit'
incorporate an understanding that any and all such plantings would be
removed, by the Tropic Isle Civic Association, at no cost to the City,
if and when it should be determined to open said 'Alley' for public
use,"
Mr. Wilson moved that said petition be referred to the City Engi-
neer and Director of Public Utilities, as outlined, with favorable
action on the part of Council if the City Engineer and others approve,
th~ motion being seconded by Mr. Youngblood and unanimously carried.
Mayor Saunders suggested that some plantings other than Australian
Pin~s might be considered as they are very difficult to removed when
they are several years old.
Mr. Scheifley said that he has been a resident of Tropic Is.~e and
also a Director of the Tropic Isle Civic Association for the past seven
years and such a request should not have been necessary; further, for
the past few years officers of the Association have contacted the
automobile..-dealers along Federal Highway and requested that they place
guards or shields behind their lights so they would not shine eastward,
but had received no cooperation.
Mr. Schiefley moved that the Building Department check into the
feasibility of requiring .shields for lights that shine directly into
residential areas anywhere in the City. The motion was 'seconded by
Mr. Pitts and carried unanimously.
-2 - 5-26 -69
,85
8.a. Regarding Ordinance No. 21-69, providing for possible annexation
of approximately 120 acres adjacent to and west of Homewood Boulevard,
Acting City Manager Worthing reported to Council as follows:
"The current proposed zoning *of this tract of land,, namely RM-2 with
the exception of the~ast 100 feet of the north 2,171.38 feet of said
tract which shall be classified R-1AA,. agreed upon by the Petitioner's
representative Mr. L. O. Peterson and the Planning & zoning Board at
the Board's regular meeting held last Tuesday in City Hall, differs
to such an extent from the original petition, as set forth in said
Ordinance No. 21-69 which was placed on first reading April 14th, as
to constitute a 'Change in Substancee therein.
In view of this determined fact, and in compliance with provisions
of the City Charter as set forth in Section 29 thereof, Council approval
of such proposed an~ended zoning changes is requested in order that
such an 'Amendment' may be properly and legally advertised together
withnot'ice of Public Hearing thereon being scheduled to be held by
Council at its next regular meeting on June 9th, at which time this
Ordinance will be submitted to Council for final reading and consider-
ation thereon following said Public Hearing."
The proposed am ~endment to Ordinance No. 21-69 was unanimously ap-
proved on motion by Mr. Wilson and seconded by Mr. Youngblood.
8.b. The City Ma.~ager presented ORDINANCE NO. 22-69.
-' AN ORDINANCE OF THE CITY couNcIL OF THE CITY OF DELI{AY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS LOCATED IN SECTION 28, 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 PROVIDING FOR
THE ZONING THEREOF. 2021 S. Ocean Boulevard
{Copy of Ordinance No. 22-69 is attached to the official copy of
these minutes.} See page 92-A-B.
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 heid, and there being no objection to Ordinance No. 22-69,
said Ordinance was unanimously passed and adopted On this' second and
final reading, on motion by Mr. Scheifley and seconded by Mr. Wilson.
8.c. The City Manager presented ORDINANCE.NO. 23-69 and read the
following Planning and Zoning Board report concerning same, dated
May 21, 1969:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH,
LOTS 1 THROUGH 44 INCLUSIVE, BLOCK 8, DEL-RATON PARK -.
SUBDIVISION, AND ALL EXISTING ALLE~AYS THEREIN, ALSO
THAT PORTION OF AVENUE L ABUTTING SAID BLOCK 8, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING
THEREOF.
"At a regular meeting of the Planning and Zoning Board held at
4:00 P.M., May 20th, 1969, in the City Council chambers, the Board,
at the request of Council, discussed the proposed annexation of
Block 8, Del-Raton Park Subdivision, into the City of Delray Beach
under C-2 Zoning District.
A motiOn passed by a vote of 4 to 2 in favor of the annexation
as C-2 zoning under the conditions of the proposed zoning, as out-
lined by Mr. James Nowlin, Jr., Attorney for the petitioner, which
-3- 5-26-69
specifically called for the phasing out over a five year period of
the existing trailer park.
Of the 7 Boar~ Members present, four voted in favor of the annexa-
tion under C-2 zoning, two opposed and one abstained."
He then said should it. be Council desire to defer final considera-
tion of the Ordinance until its next regular meeting for further
study, the Public Hearing on such proposed annexation could be held at
that time~ however, should Council determine to act upon said Ordinance
this evening, following a Public Hearing, it is recommended that,
subject to favorable action on the proposed annexation, adoption of
the Ordinance be contingent upon the petitioner and owner of the
property complying with the dictates of Court Case No. 66 C 362 - F
initiated'by Palm Beach County, a Political subdivision of the State of
Florida (PLAINTIFF), vs John H. Demko (Defendent) and owner of said
property, and all conditions set forth in the Court Case referred to~
copy of which was furnished with the Agenda.
During the scheduled Public Hearing, Attorneys James W. Nowlin,
Jr. and John H. Adams, representing the petitioner, spoke in behalf
of the Petitioner and explained the reason for said Court Case and th~
history of the ownership of said property by Mr. Demko.
During lengthy general discussion, Attorney Nowlin in.formed Council
t~at th~petltioner would be agreeable to phasing out the existing
mobile home park in one year instead of the five years as stated in
the petition.
Mr. Scheifley moved to table said petition and foil°wing discussion
that motion was withdrawn, but he questioned the legality of annexing
a trailer park to the City when the parking of trailers is prohibited
within the City.
Mr. Wilson moved that this item be referred back to the Planning
and Zoning Board for further study and at the same time have the City
Attorney give. an opinion as to how the City may best be protected, al-
so in regard to the existing ordinances that prohibit trailers, and
that this study be with the provision of phasing out the existing
mobile home park in one year. The motion was seconded by Mr.
Youngblood and carried unanimously.
9.a. The Acting City Manager informed Council that the Planning and
Zoning Board met in special session Monday, May 19th, for luther con-
sideration of Florida Power & Light Company's petition for rezoning of
certain lands in Osceola Park Subdivision and reports, in part, as
follows:
"At a special" meeting held at 8:15 A.M., May 19th, in the City
Council Chambers,. and in light of the many objections from the
residents of the ~area, both in person and via petition, the Board
voted unanimously to recommend to City Council that:
The request for rezoning from R-IA to C-3 of certain
lands in Osceola Park, identified below, be denied:
·
L6ts 13 thru 18 in Block 14; Lots 10 thru 18 in Block
15 less the East 50' thereof; also a strip of land
50 ' w'ide, formerly know~, as S. E. 1st Avenue, bound
on the north by 9th S~t and on the south by lOth
Street; also .... ~'~'~ ·
An unplatted ~iangular. ~Nip lying ~jacent to and
west of Bloc~ "~ of Osceola Park, and an unplatted ir.
regular s.~i.'parcel lying between the F. E. C. Ry.
right.~g~. ~and Block 15 of Osceola Park, and between
9~h-an~ ~h Streets."
Further, the Board supplemented this re~ort with a recommendation
~hat Council consider amending the existing ordinances so that condi-
tional uses of R-lA and R-1 ~.oning Districts will include UTILITIES
subject to ~ of any application and plan; such review of an ap-
plication and~an would, in effect, be for site plan approval.
-4- 5-26-69
Mr. Thomas E. Woolbright, Chairman of the Planning & Zoning Board,
explained the detailed study that resulted in the recommendations made
by that Board, followed by discussion, comments and complaints against
Florida Power &. Light Company and by area residents, comments by Mr.
John Ray, Local Manager of Florida Power & Light Company, who presented
a sketch of their proposed development of the area.
Mr. Scheifley moved that the recommendation of the Planning & Zon-
ing Board be sustained in the denial of the request for rezoning. The
motion was seconded by Mr, Youngblood and carried unanimously.
Acting City Manager Worthing said that in view of the action just
taken, it may be the pleasure of Council to direct the Planning and
Zoning Board, together with City Attorney, to prepare an amendment to
the existing regulations, in the form of an ordinance for Council con-
sideration, which might permit the inclusion, under "Conditional Uses",
of UTILITIES in R-lA Or R-1 Zoning Districts, subject to review of any
application and plan.
It was so moved by Mr. Youngblood and seconded by Mr. Scheifley.
Upon cal~ of ro11, Mr. Scheifley, Mr. Wilson, Mr. Youngblood and Mayor
Saunders voted in favor of the motion and Mr. Pitts was opposed.
9.b. Acting .City Manager Worthing reported that Council, at its last
regular meeting, held on May 12, referrpd, to the Planning & Zoning
Board, a request for abandonment of that part of N. W. 3rd Avenue
extending southerly from N. W. 7th Street, a distance of 140 feet, and
the Board, at i,ts regular meeting held on May 20, discussed said pro-
~osed abandonment and reports as follows:
"As this portion of N. W. Third Avenue dead ends at the.
southern terminus of said 140 foot right-of-way with no
reasonable chance of being extended southerly, the Board
unanimously' recommends the abandonment of said 'portion
of N. W. 3rd Avenue, s~bject to approval of the City
Eng.ineer."
The City Manager, re~rted that the City Engineer, as well as the
Fire Department, both favor abandonment of that portion of N. W. 3r.~
Avenue. Fur. ther, Council may deny this-request or sustain the recom-
mendation of the. Planning & Zoning Board by adoption of RESOLUTION NO.
27-69.
A' RESOLUTION OF THE CITY COUNCIL OF TH~ CITY.
OF DELRAY BEACH, FLORIDA, VACATING AND ABAN-'
DONiNG '~ PORTION OF N. W. 3rd AVENUE, CITY OF
DELRAY BEACH, FLORIDA ~
(Copy of Resolution No. 27-69 is attached to the official co~;y Of
these minuteS.) See page 92-C.
Resolution No. 27-69 was unan'.x~n, ously passed and adopted, on this
'first and fin&i, readings, on motion by Mr. Wilson and seconded by Mr,
~i,tts.
9.c. (1) Regarding an application for Site plan Approval by Delray
Properties, In¢,, council was informed that the Planning &. Zoning
Board has approved the SITE pLAN for proposed development of Lot 264,
Tropic Palms and a 5-acre tract of land identified as the E½ .of the .~E¼
of the NW% of the SE% of Section 29-46-43 and that development plans
thereof provide for 160 dw. elling units and parking prov. isions exceed-
ing the required' number established in present regulations. Further,
in conformity with provisions contained in Chapter 29-7 ~5% of the
City's Code Of Ora~nanCes, Council may. deny Said development plans
wh'ich were reviewed at a recent Workshop meeting with the Pl. anning &
zoning. Director, 'Mr. Abbott, or Sustain the recommendation of the
Boa .z~i~ and .approve 'the SITE PLAN as submitted.
· S~id Sxte Plan was unanimously approved, as recommended by the
Planning and Zo..~ing Board, on motion by' Mr. Youngblood and seconded by
Mr. Wilson.
-5-' 5-2~-69
9.c. (2) Regarding an appl£cation for Site Plan Approval by Mr. L. H.
Kincaid, President of Lu-ao-Ca Corporation, Council was informed that
the Planning & Zoning Board has approved the SITE .-PLAN for proposed
improvement of Lots 12 ~..thru 19, Block 12, Osceola Park, and that
development pla~m, as submitted, provide for Multiple construction of
a 9-story building comprising 63 dwelling units with min~num parking
provisions per current regulations. Further, Council may deny said
development plams which were reviewed at a recent workshop meeting, or
sustain the recommendation of said Board and approve the Site Plan as
submitted.
Mr. Wilson moved to sustain the recommendation of the Planning
& Zoning Board and approve said Site Plan, the motion being seconded
by Mr. Youngblood. Upon call of roll, Mr. Scheifley, Mr. Wilson, Mr.
Youngblood a~d Mayor Saunders voted in favor of the motion, and Mr.
Pitts was opposed.
(3) C~ncerning an apl~lication for Site Plan Approval by Woodland
Homes ¢~rporation Of that part of the North 100 feet of the South
2,520 ~eet of Govt. LOt 1 lying East o~ State Road AIA, Section
28-46-43, Council was informed that the Planni~ng & ~oning Board has
approved the SITE PLAN for development of that property which provides
for a six-story building with 33 dwelling units and the presently re-
quired parking spaces. Further, Council reviewed that Site Plan at
recent workshop meeting, and may deny same or sustain the recommenda,
tion of the Planning and Zoning Board in approval thereof.
Said Site Plan was unanimously approved, as recommende~ by. the
..Planning and Zoning Board,. on motion by Mr. Wilson and seconded by Mr.
Pitts.
9.d. Acting City Manager Worthing reported that on March 24th, at a
regular Coun¢£1 meeting, the Planning & Zoning Board was directed to
review the current zoning of Lots 37 thru
and Lots 5.6 thru 67, Hofman Addition,-namely RM-1 resulting from the
recent adoption of Ordinance No. 11-69 which caused lands to be rezoned
from R-2 to RM-1.
Council .suggested consideration of. the Board toward possible re-
classification of those properties to R-1AA; further, the Planning &
Zoning Board met in special session on Friday, May 23rd, and recommends
to Council NO CHANGE in the current Ordinance pertain~ng to zoning,
and that the area described remain in Zoning DSstrict RM-1.
Mr. Scheifley asked that a building height limit be established in
the RM-1 zone.
It was pointed out that if said property is rezoned to R-1AA the
existing duplex and multiple family dwelling structures would be non-
conforming.
Following discussion, and objections by Mr. Joseph Gwynn, an area
resident, to the recommended.'RM-1 zoning for the subject property,_Mr.
Scheifley
moved to sustain the recommendation of the Planning & Zoning
Board, namely that the zoning of said property remain as RM-1. The
motion was seconded by Mr. Wilson and .upon call of roll, Mr. Scheifley,
Mr. Wilson and Mayor Saunders voted in favor of the motion and Mr.
Pitts and Mr. ¥oungblood were opposed,
9..e. Acting City Manager Worthing read the Beautification Committee
meeting minutes of May 14, 1969.
10.a. Mrs. Grace Scott, 36 S. E~ 6th Avenue, ~equested a temporary
permit to operate a hand-craft gift shop at that location, as she had
been denied a license, in a commercial zone, due to the frame construc-
tion of the building. She asked for a temporary permit for one year
during which t~me she would have a CBS addition constructed prior to
June 1, 1970, in which she would then operate the business, and use
the frame building only as a dwelllng.
The City Manager suggested this matter be considered at the next
Council workshop meeting. This item was referred to Acting City Man-
ager Worthing for a recommendation to be presented to Council at its
next workshoD, meeting. ' -6- 5-26-69
10.a. Mr. A. T~. Greenwood, member of the former City Beach Erosion
Committee, read an excerpt from' the minutes' of a meeting cf..the City
Council and B~ach -Erosion Committee' held on March 20, 1965. -This
item concerned construction of a beach revetment and the necessity of
sand nourishment of the beach each .year to protect the revetment.
He suggested that Council instruct the City Manage~ to .provide money
in the .coming budget to take care of the beach nourishment program
that was sug~gested in 1965. He also Suggested that in 'addition to
making funds available for that use, that they be used for that pur-
pose..
10.a. Mr. Norris Spells stated that he appreciates the effort the
City Council has taken toward construction of the very fine baseball
field at Teen Town Center.
He mentioned the lack of trash pick-up recently, particularly in
the western section of the City.
Mr. Spells said it is his desire that the elected Mayor and
Councilmen would represent all parts of the City and have the benefit
of the entire City in mind at all times. Further, that he has asked
many times before, and is asking again, that committees be formed to
study what can be done for the betterment of the entire City, and men-
tio~ed the lack of'sufficient living quarters in parts of the City.
Mayor Saunders asked Mr. Youngblood .if he would like to pursue
this request in the formation of some committee from the western sec-
tion that may work with the Council.
Mr. ¥oungblood Said he would favor that but for the existence of
one group in the area, The Christian Movement Organization, which he
feels has been doing a fine job. He said he feels if the other
organizations in the western section of town would bring their problems
to the Council as the Christian Movement OrganiZation does, or if they
would bring their problems to him for presentatio~,'.he doesn't believe
it would be necessary for other committees to be formed.
Mr. Spells mentioned the need of assistance in getting more hous-
ing in the western section of town, also the need of more improved
access roads onto N. W. 4th Street.
Rev.. Semmie. Taylor, representative of the Christian Movement for
Civic Action, said he feels there is need for an access road to S..w.
10th .Street in the area of the catherine E. Strong Community Center as
many .cars travel through that~ area now much too close to the baseball
diamond and the basketball courts, which creates a problem and he feels
should be investigated.
Rev. Taylor also mentioned the need of housing,' and the possibi!ity
of the government low-incoming housing. He asked if COuncil could be
of any help. in this problem. ~
Mayor Saunders said that Council could find out about what Agencies
to contact in ~,this matter and Mr. Youngblood said he was much in favor
of someone getting behind a project of this kind as it is very much
needed.
10.b. Concerning a request for Permissive-Use for Church purposes at
28~ S. w. 5th Avenue, by Mrs.. Margie Smith Cunningham', City Manager
Worthing said Council is'. not in a ~osition to rule on that .=equest at
this time;, further, on May 23rd, the Planning and Zoning Board referred
that request to the City Attorney and Mrs. Cunnin~ham will be advised
later this week of his report.
lO.b.. City Attorney Fellows informed Council that the Board of Adjust-.
ment has a petition before them on which they have aske~ for his legal
counsel, and since the petitioner, was a client of h~s for a number of
years, doesn't feel that he sould participate in this matter.
Following comments by City Manager Worthing, Council was in agree-
ment that the Board of Adjus.tment Select an attorney for..this Purpose.
and compensation for same be taken care of when same is' made known.
10.b. City Attorney Fellows said he would like to be absent from the
city from, June 7th to 12th during wh'ich time the next Council meeting
-7 - 5 -26 -69
9O
will be held., and if agreeable~ to Council he would arrange fo~m~ Attoruey
John Ross Adams to attend- that Council meeting in his place, to which
Council agreed.
10.b. Mr. Scheiftey' asked the status of the six proposed legislative
bills, and the City Attorney reported they had~ been approved by the
delegation last Monday with some minor changes on the bill concerning
bonds and interest rates and were supposed to be in final form on
Thursday for Mr. James to present to' the HOuse of Representat.ives.
10.b. Mr. Pitts asked the status of the attempt to secure additional
land adjacent to the City's Sanitary Land Fill, and Acting City Manager
Worthing reported the owner of said property is Out of the Country at
this time and plans to return about June ll or 12.
10.b. Mr. Pitts referred to a motion that the City entertain bids
from independent companies to study the new zoning ordinances and give
Council a report from which amendments can be made to said ordinances~
also to a request of Mr. Scheifley that a building height limit be
established in the RM-1 Zone; and a definition of Plaza Development
that is needed. He said he feels the City should go ahead with that
survey that has been authorized, to which Council agreed.
10.b. Mr. Pitts mentioned the inspection report of Glace Engineer~
ing company, dated February 9, 1968, concerning the initial massive
failure of the Beach Revetment, and .following'lengthy comments, moved
that a competent, disinterested Hydraulic Engineer be retained at the
earliest possible time to make a thorough, study of the beach problem
and submit a report to Council. He said he understands the cost of
this would only amount to $1,000. to $1,500.
FOllowing. lengthy discussion, Mr. Scheifley said he would be in-
clined to second the motion, but prefers to have a workshop meeting
and obtain more information along the lines the City is now pursuing.
Mr. Pitts said if Council indicates approval of his motion, but
that it is just a matter of mechanics of discussing it at a workshop
meeting, he would withdraw his motion.
Following further discussion, Mayor Saunders said that a workshop
meeting on this matter would be scheduled for next week, with Attorney
Hollingsworth attending same.
10.a.R~f-ex=img t.~-a letter dated May 20, 1969, tO members of the Council,
Mrs. John Gill informed Council they had contacted their contractor
about building an addition to the Huntingdon Apartments consisting of
four one-bedroom apartments, but as a result of the recent, amendments
to the Zoning Code they would not be permitted to do that but could
build four hotel rooms. There was lengthy discussion concerning the
requirements for parking, and Mrs. Gill was advised that she could
seek relief from the ordinance requirements by a petition to the Board
of Adjustment.
10.b. Mr. John George, on behalf of the Veterans Organizations of the
City, invited Council to particil~ate in the Memorial Day Parade which
would start at approximately 10..30 A.M., preceded-., by a memorial ser-
vice at the City Cemetery at 9:15. A.M.
10.c. City Clerk Worthing presented ~illm for Approval as follows:
General Fund $175,270.87
Water Revenue Fund 73,497.55
Water Operating & Maintenance Fund 6,505.62
Re fundabl e Depos its Fund 1,521.48
Beautification Fund 1,500,00
Improvement Fund 1,769.94
Utilities Tax Revenue 25,O00.00
-8- 5-26 -69
Utilities Tax. Certificates, Prinicipal
& Interest Redemption Fund, Water & Sewer
Bonds $ 53,165.00
Interest & Sink£ng Fund, Water & Sewer
Revenue Bonds, Series 1969 177,851.25
Utilities Tax Certificates, Prinic£pal
& InterestRedemption Fund, Utilit~es .
Tax Fund 9,000'-00
Sewer Revenue Fund 27,000.00
Cigarette Tax Fund 20,000.00
Capital Improvements Construction Fund 38,861.04
Sewer Construction Loan Fund, First Federal
Savings & Loan Association of Miami 1,258.60
The b£11s were unanimously approved for payment, on motion b~ Mr.
¥oungb~ood and seconded by Mr. Wilson.
The meeting adjourned at 11=45 P.M.
.................... o WORTHING City Clerk
AP PROVED = ~
I~IA ~0 R
-9- 5-26-69
92-A
ORDINANCE NO. 22-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACh, FLORIDA,
TO THE CITY OF DELRAY BEACH CERTAIN LANDS
LOCATED IN SECTION 28, 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 PROVIDING
FOR THE ZONINO THEREOF.
WHEREAS, CHARLES A. MULLAN and THOMAS F. MULLAN, JR. are the
fee simple owners of the property hereinafter described, and
WHEREAS, CHARLES A. MULL~N and THOMAS F. MULLAN, JR., by
their petition, have consented and given permission for the
annexation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in' accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the follow-
ing described tract of land located in Palm Beach County, Florida,
which lies contiguous to said City, to-wit:
That portion of the following described property
lying East of the Center line of State Road No. 140:
A part of Section 28, Township 46 South, Range 43
East, being all that part of the North three hun-
dred feet of the South sixteen hundred feet (meas-
ured at right angles to the East and West quarter
section line through said section) of that part of
said section which lies North of the East and West
quarter section line through said section and lies
East of the Easterly right-of-way line of the Intra-
i coastal Waterway (Florida East Coast Canal) together
~, with all riparian rights and littoral rights there-
! unto belonging or in anywise appertaining, and sub-
· ! ject to a right-of-way throughout, runn£ng Northerly
' and Southerly through said tract, as heretofore con-
veyed to the State of Florida for State Road No. 140,
the said East and West quarter section line through
said Section 28 is as established by Agreement between
Bessemer Properties Incorporated and Bassett W. Mitchell
and Mary Start Mitchell, his wife, dated November 20,
1941, recorded in Deed Book 642, Page 474, of the Palm
Beach County, Plorida Public Records. Being that prop-
erty described in Warranty Deed dated August 11, 1967,
executed by William H. Walker, Trustee and individually,
joined by his wife, Elen0re Walker, to Charles A. Mullah
and Thomas F. Mullan, Jr., a Co-Partnership, d/b/a
"Delray Ocean Partnership"; said deed being recorded on
the 17th day of August, 1967 in Official Record Book
1571, Pages 538 and 539, Public Records of Palm Beach
County, Florida.
92-B
Page 2. ORDINANCE No. 22-69.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so.as to include~therein the above
described tract of land~iand said land~s hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That. the tract of land hereinabove described is
hereby declared to be in ZoningDistrict RM-1A, as defined by ex-
isting ordinances of the City of DelrayBeach, F10rida.
SECTION 4. That the land hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, immuni-
ties, debts (except the existing bonded indebtedness), obligations,
liabilities, ordinances and laws to which lands in the City of
Delray Beach are.now or may be, and persons residin9 thereon shall
be deemed citizens of the City of Delray Beach,
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such recor~ of illegality shall in no
way affect the remaining portion.
PASSED in regular session on the second and final reading
on the 26th day of May , 1969.
~S/ J., L, .Saund_~rs
MAYOR
ATTEST:
/s/.R. pTD, ~o~%hinq
City Clerk
First Reading M~v ~.2, 1.9~
9~-C
R~SOLUTION NO. 27-69.
A RESOLUTXON OF THE CITY COUNCIL OF
THE CITY OP DELRAY BEACH, FLORIDA,.
VACATING AND ABANDONING A PORTION
OF N. W~ 3rd-AVENUE, CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, there exists a dedicated north-south
road right-of-way lYing between Blocks 3A and 4A, LAKE
VIEW HEIGHTS, as shown on plat thereof recorded in Plat
Book 4, Page 67, Public Records' of Palm Beach County,
Florida.
WHERBAS, it has been determined that said
dedicated right-of-way serves no purpose and could not
reasonably be extended southerly due to improved property
existing adjacent to and south of the southern terminus
of said right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Paragraph
Three (3) of the Charter for the City of Delray Beach,
Florida, it is hereby determined to vacate and abandon
the following described right-of-way:
That portion of N. W. ~rd Avenue
extending southerly from N. W.
7th Street for a distance of 140
feet and lying between Blocks 3A
and 4A, LAKE VIEW HEIGHTS as shown
in Plat Book 4, Page 67, Public
Records of palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this
the 26th day of May, 1969.
/S,/,, J. ~. ,,Saunders
MAYOR
ATTEST:
/S/ R? ,D:,,,,W.~,r,.,thin,,q City Clerk
~ ~ I 92-D
LEASE
THIS LEASE, Made this 27th day of May, A.D. 1969, by and
between the CITY OF DELRAY BEACH, a Municipal Corporation in Palm
Beach County, Florida, herein called the Lessor, and .DELRAY BEACH
POLICE BENEVOLENT ASSOCIATION, INC., of Delray Beach, Florida, a
non-profit corporation under the ~awS of the State of Florida,
herein called the Lessee.
WITNESSETH: That for and in consideration of the sum of One
Dollar ($1.00) this day paid by the Lessee to the Lessor, and in
further consideration of the covenants herein contained On the part
of the'said Lessee to be kept and performed, the said Lessor does
hereby lease to the said Lessee the following described tract of
~land:
Beginning at a point of intersection of the North
right-of-way line of Mission Hill Road as recorded
in the subdivision of Chapel Hill in Plat Book 24
at Page 111, and the East right-of-way line of the
proposed State Road ~ 9; thence Northeasterly along
said right-of-way line a distance of 902 feet more
or less to the intersection of said right-of-way line
with the West right-of-way line of Lake Worth Drainage
District Canal E-4; thence Southeasterly along said
West right-of-way line a distance of 580 feet more or
less to the intersection'of said right-of-way line
with a line parallel to and 290 feet Southeasterly and
at right angles to the aforementioned East right-of-way
of State Road ~ 9; thence Southwesterly along said par-
allel line a distance of.296 feet more or less to where
said parallel line intersects the aforementioned North
line of Mission Hill Road; thence Westerly along said
North line a distance of 308.82 feet to the point of ·
beginning.
This lease shall be for a term of Ninety-nine ~(99) years
from the above date, and the Lessee shall pay the annual rental
of One Dollar ($1.00) on or before each anniversary date of this
lease.
The LESSEE hereby agrees to: ~
1o Comply~with restrictions and covenants contained in Deed
recorded in O.R. Book 1303 - Pages 17 thru 20, Public
1 Records of Palm Beach County, Florida.
2. Not to assign this lease nor enter' into any sub-lease
agreement.
3. Pay all bills and expenses incurred as a result of said
Lessee's occupancy and use of the land.
The LESSOR hereby agrees to:
1. Allow the Lessee USE of the property hereinabove described
providing there are no violations of said lease.
Lease - Page 2.
It is mutually agreed that:
1. Lessee Shall hold Lessor harmless from any suit.
2. That this lease may be terminated upon one or more of
the following events:
(a) Voluntary mutual agreement.
(b) Non-payment of rent within 15 days after due date.
(c) Lessee assigns or subleases all'or any part of the
property.
(d) Lessee fails to comply with the filing of Non-profit
corporation returns as required by the Laws of the
State of Florida.
(e) Lessee causing any violation of the covenants or re-
strictions contained in the Deed referred to herein.
(f) Exercise of powers retained in Deed recorded in OR Book
1303, P. 17-20, Public Records of Palm Beach County, .Fla.
IN WITNESS WHEREOF, the Lessor has caused this lease to be
executed by its Mayor and attested by the City Clerk and the City
Seal to be affixed thereto and the Lessee has also executed this
lease on the date first above written.
CITY OF DELRAY BEACH, FLORIDA
Mayg~
City Clerk~.. --~/
Signed, sealed and delivered) DELRAY BEACH POLICE BENEVOLENT
in our presence: ) ASSOCIATION, INC.
I.~ ' I ~r~.//;,~/?,4;~,'~ . ,? ~
) Pre s ident -
City Attorney - Delray Beach, Florida.
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
Before me, the undersigned authority, personally appeared
Jack L. Saunders, Mayor, and Robert D. Worthing, City Clerk, to
me well known to be the individuals who executed the above and
foregoing lease on behalf of the City of Delray Beach, and they
acknowledged'before me that they executed the same freely and
voluntarily as and for the act and deed of said city.
WITNESS my hand and official seal at Delray Beach, Florida,
on this the 27th day Of May, A.D. 1969.
Notary Public,
State of Florida~at Large
My co~ission expires:
MY COMMISSION EXPIRES SE[-"[. ]2, I')20