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11-10-69 NOVP~J~.R 10, ~L969. A r~gular meeting of t~e City Council of the City. of Delray Beach was he.id in the Council Chambers at 8=00 P.M., with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellows an~ Councilmen John L. Pitts, III, James H. Scheifley, James B. wilson and O. F. Youngblood being, present. 1. An opening prayer was delivered by Father Timothy Harmon. 2. The Pledge Of Allegiance to the Flag of the United States of America was given. 3. .,_The minutes of the regular _Council meeting of October 29, 1969, were unanimously approve~, on motion by Mr. Wilson and seconded by Mr. Youngblood . 4. City Clerk Worthing read the follOwing letter from the Seagrape Garden Club, .dated October 30, 1969, Mld signed by its Corresponding Secretary, Mrs. J. L. Schrader: "The Garden Clubs of Delray Beach are quite concerned about the trash and litter scattered over our City. We have had many complaints from residents who live on the west side of town. Hugh trash piles have not been disposed of for several months at a time - naturally all kinds of litter is scattered in the area. This makes our Delray most unattractive. We know the trash situation is a problem and that you are overworked, but we also want you to ~now that the Garden Clubs are always glad to assist you in the beautification of Delray. Thank you for your consideration and cooper~n." 4, city Clerk Worthing read the following letter from Mrs. C. L. '(Jeanne S. } Hill, dated October 29, 19~9: "I took it upon myself last week to call the Principal of Pinegrove Elementary to find out why every school 'except ~inegrove had Flashing Lights, signs and assistance from the Delray Beach Police Department~ particularly at South Swinton and 10th Street.. I think it shows so much uncon- cern for all those children who have to cross the street with just a school patrol child, an~ this puts such a great responsibility on a child. Mr. Bath told me to call the ~ City Manager, which I did, and found out he was out of town~ therefore, I talked to Mr. Worthing who gave him my message.. --~ Tenth Street and Swinton Avenue and Dixie Hiway join' within one block and all traffic flows into Swinton Avenue which is a hazard to all who cross 10th Street, with the fast running traffic from Swinton .Avenue, Southridge and · Old Dixie Hiway. Therefore - I want. this to be heard, cause Delray is no longer a small' town. When I first moved out here we were lucky to see a car. Now this has changed. Therefore, I am asking for a traffic light at 10th and Swinton Avenue to protect all who cross this dangerous intersection. It°s very odd that I made this call to Mr. Bath and Mr. Worthing and yesterday I was involved in an accident which caused damage to two cars - took one driver to the emergency room. Now, please before any of the children get hurt - D.o.. So..m. ethi~q .Now. - 'He who hesitates i,s. Lost' ." Regarding a traffic light on South Swinton Avenue, Mayor Saunders referred that item to the City Manager for recommendation and action. 4. The City Clerk read the following letter' dated October 31, 1969, from Mr. Joseph B. McCracken, 22 Grove Way: "The tax bill for City taxes for 1969 is in hand and, much to the surprise of most o~ us,.-we now.must re,it to the County Tax Collector at Palm BeaCh. While most of us unsuspecting citizens now realize that we voted for this when we accepted the new State Constitution, we respectfully ask why you jumped the gun one year early by turn- ing it over to the County one year earlier than the date it becomes compulsorY. Also, we request you to advise why a formal notice of this change was not sent to taxpayers by our Delray Tax Office. Common, old fashioned courtesy demands that we be kept advised of a cha~ge of this nature instead of trusting that we would read it in a pa~er if it were published. At this time I ·request that you send out a formal notice to the taxpayers who are now advised that we are paying ~50,000.00 annually to the County for. the. service advising - 1. Reason for the early change. 2. What saving will accrue to taxpayers 3. Who will handle assessed valuation. 4. Will it be the same as the county valuation. 5. Will the tax office be closed in Delray. 6. Any other information that you can toss out ~to us. City Clerk Worthing answered, in detail, the questions asked by Mr. McCracken. He was commended for his very efficient, competent and factual answers to said questions, and was asked to reply to ~said letter ' 5. Mr. Pitts reported a cave-in at the north end of the beach revet- ment in the original section, and said he feels something should be done about it soon~ further, that it is only 24 feet. away from the new · construction repair. He suggested taking, the loose blocks from the beach, and more if necessary from the storage supply, and making a break-water in front of the cave-in and it be left that way until next spring rather than blocking~ off A1A again. Mayor Saunders re~orted that the City Engineer is working on some estimateS, and recommendations, and said he thinks an early workshop is needed on this item. 5. Mr. Pitts said it had been brought to his ~attention, and he had made personal observation, where various streets have been continuously repaved, making them higher each time and causing a bad drainage situa- tion. He said he feels 'this should be considered with the A~ministra- tion at a workshop meeting in order that someth/~g may be done before the condition gets bad. 5. Mr. Scheifley referred to the proposed $4,150,000. General Obliga- tion Bond Issue, which will be an item on the December 2nd General Election Ballot for certain improvements, needed in Delray Beach. He stressed the importance of this being mentioned at every opportunity and that registered freeholders be urged tO vote as it_will be neces- sary for at least 50 per cent plus one of the registered freeholders to participate in that election. 5. Mr. Wilson also stressed that all freeholders shoul~ be urge~ vote, and'suggested that various groUPs an~ civic organizations organ- ize a block by block "get out the vote program" where residents can volunteer the use of their cars, and ~eople be taken to the ~olls, and he feels a good service will be done for the co~u~,unity. 5. Mr.~ Youngblood further emphasized the importance of registered free- holders, voting in the coming Bond Referendum Election, and that correct information a~d explanation be given concerning the three issues in- volved. · 5. Mayor Saunders announced that the League of Women Voters is spon- soring a Candidates Forum concerning the coming City Elections, to be heIdin the COuncil Chambers at the City Hall, at 8:.00 P.M., Thursday, November 13th. 5. Mayor Saunders reported that the contractor installing the sewer line for Highland Beach is making good progress but.they seem to be tearing up faster than they are'replacing. He suggested that the side- walk be replaced.as they proceed with the work, as many people go to the beach for walks. He asked that the City Manager take care of that 6.a. Concerning a drainage problem, City Manager Gatchel read the fol- lowing letter from Mr, J. E. Covington, dated October 31st: "Our house is situated on the corner of Thomas and Seabreeze' ' (1101 Thomas Street). On both streets, and particularly this · corner, on which our house is situated, the water has surrounded us daily, worsening all 'the time. At the moment, it is unbear- able, for it is affecting our Plumbing facilities. We have been here 3 weeks, and we understand that previous to our arrival, the water condition was as bad as it is now, so that it can't have anything to do with the rain. We reported this, and a man came. to see us and.said that nothing could be done - it was a question of high tides ~! This we don't believe,-for itdoes not sound reasonable. We are taxpayers~ received two tax bills this morning - one for $793.84, and one for $408.00. We feel we are cer- tainly entitled to some urgent and immediate relief. We respectfully request an immediate 'reply." The CityManager reported this had-been investigated by the City Engineer, and the Intracoastal Waterway was higher than the retaining walls and seawalls and this was the condition along the Intracoastal from the north to the south of the City. The City Manager said that he does not feel this problem, as exper- ienced, is relative to the drainage project which the Administration outlined to Cottncil in 1967 relative to improvement to that drainage system down Thomas Street, and at that time Council determined it was not d~irOus of spending anymore money from the Assessment Fund until some decision was reachedon the Southwest Drainage Project. Further, ,this subject was brought before. Council in August of this year and it was again determined toleave that drainage situation as it is until some relief could be effected in what they considered to be more criti- cal areas in town, namely, the Southwest Drainage Project. Following discussion, the City Manager was asked to write to Mr. Covington, outlining the reasons for Council decision. 6.b. The City Manager said that relative to a previously :authorized appearance on the General Election Ballot for a Straw Vote 'as to whe- ther the City should dispose of the 400 feet _of beachproperty in the 1300 Block on South Ocean Boulevard or retain same ~for recreational purposes, the following item is suggested for Council approval or revi- sion: "Should the City. SELL the City owned 400 feet of Beach property, located in the 1300 Block on South Ocean Boulevard, or retain the land for Recreational purposes?" Mr. Scheifley moved that said question be put on the Ballot, as presented, the motion being seconded by Mr. Pitts. Following discussion, Mr. Scheifleywithdrew his motion. The City Attorney recommended that the item be placed onthe ballot as follows: "Should"the City SELL the City owned 400 feet of Beach Pro- perty, located at 1301 South Ocean Boulevard?" Mr. Wilson moved to accept the reco~,~endation of the City Attorney, the motionbeingsecondedby Mr. Youngblood and unanimously carried. 6.c. Concerning formation of a Palm Beach County League of Municipal ~overnment~,..City Clerk. worthing read a letter from Lake Worth Mayor F. Kenneth Bradley, Temporary Chairman of that proposed organization, dated November 5, 1969. (Copy of said letter is attached to the offi- cial copy of these minutes.) See pages 178-A-B. A meeting concerning'this proposed organization is scheduled to be held Friday, November 14th, at 1=30 P.M., at the West Palm Beach City Hall, 320 Second Street (between 0live Avenue and Dixie Highway). During discussion, Mr~ Scheifley suggested that the entire 'Council attend said meeting, if ~ossible, and make no commitments, but just as observers, and make a decision.at a later date about joining the organization. The majority of. Council, Mayor Saunders and City Attorney Fellows expressed their intent to attend said meeting. 7.a. The City Clerk informed Council of the following request from the West ~alm Beach Alumnae Chapter of Delta Sigma Theta Sorority, Inc. dated October 30th, andsaid the Solicitations Comm£ttee is aware of this request, and wants Council to be advised that there is no avail- able time in November or December, and that only the first two weeks in January, 1970, .are not already committed: . "We are an organization of professional women .who, each year, provides a substantial scholarship for deserving Palm Beach County high school graduating young women who m/ght otherwise be unable to Continue their education. We are beginning our financial drive to run through November 1969, to January .16, 1970. We are requesting~permission to solicit ads and contribu- tions in Delray Beach. We shall be very grateful-for your favorable consideration of our request." The City Clerk was_directed to furnish this organization with the rules governing solicitation in the City and the proper application forms for same, which would be processed by the Solicitations Committee before coming back to Council. 7.b. The City Clerk informed Council of an application having been re- ceived requesting reclassification from R-1AASingle Family Dwelling District to RM-1 Multiple Family Dwelling District, of Lots 1 thru 28, less Lot 17, Lake Ida Manor, Addition No. 2, owned by Lake Ida Develop- ment Corporation; further, that Council may deny this petition or refer same to the Planning and Zoning Board for consideration and public hearing to be held thereon, to be followed by the Board's recommenda- tion to Council.-- Said petition for rezoning was unanimously referred to the Planning and Zoning Board, on motion by Mr. Youngblood and seconded, by Mr. Wil- son. 7.c. City Clerk Worthing presented a petition requesting reclassifica- tion from R-1AA Single Family Dwelling District to RM-1AMultiple Fam- ily Dwelling District, of Lots 28 thru 32 inclusive and Lots 36 thru 44 inclusive, Del Harbour Subdivision, and said that Council may deny this request or refer same to the Planning and Zoning Board for consi- deration and holding of a public hearing thereon, to be. followed by the Board's reco~endation to Council. Said petition for rezoning was.unanimously referred to the Planning and Zoning Board, on motion by Mr. Wilson and seconded by Mr. Scheifley. 8.a. City Clerk Worthing presented RESOLUTION NO. 44-69. A RESOLUTION OF. THE CITY COUNCIL OF. THE CITY OF DELRAY BEACH, FLORIDA, _CONSENTING TO THE ASSIGN- MENT OF THE DELRAY BEACH POLICE BENEVOLENT ASSO- CIATION, INC. LEASE AS COLLATERAL FOR A LOAN TO SAID ASSOCIATION. (Copy of Resolution No. 44-69 is attached to the original copy of · esolution No. 44-69 was--~%mously passed on first and final reading, on motion by Mr. Pi~ts'~and se=onded by Mr. Youngblood. 8.b. City Clerk Worthing ..p~ented ORDINANCE NO. 38-69.. AN ORDIN~_NCE OF THK. CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE EAST 67. FEET OF WEST 400 FEET OF SOUTH 400' FEET OF NORTH 450 FEET OF LOT 21, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA, IN "C-3 WHOLESALE DISTRIBUTION AND LIGHT INDUS- TRIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969"-. (Copy of Ordinance No. 38-69 is attached to the official copy of these minutes.) See page 178-C. 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. 38-69, said Ordinance was unanimoUsly passed and adopted on this second and final reading, on motion by Mr. Scheifley. and seconded by Mr. Wilson. A suggestion was made that Florida Power and Light Company be asked to-landscape the portion of their property abutting 1-95, that it may be a pleasing sight to the visitors that are passing through Delray Beach. Mayor Saunders asked that this suggestion of landscaping be made known to the Florida pOwer & Light Company. 8.c. The City Clerk presented ORDINANCE NO. 41-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 23 THRU 27 INCLUSIVE, FIRST ADDITION TO KENMONT, WHICH LANDS ABE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF-SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLI- GATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 41-69 is attached to the official copy of these minutes.) . See 'page 178-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. '41-69, said Ordinance was unanimously passed and adopted on this .second and final reading~ on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.d. City Clerk Worthing presented ORDINANCE NO. 42-69. AN O DINANCE-OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING 'THAT PART OF LOT 11, OSCEOLA PARK, DELRAY BEACH, FLORIDA, PL. BK. 3-2 LYING E. OF THE S'LY EXTENSION OF THE E'LY R/W LINE OF S. E. 7TH AVENUE, a/n/1/o/a/i/u N. OF S. E. 4TH STREET AND LYING W. OF THE W'LY R/W LINE OF THE INTRACOASTAL WATERWAY, IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". Mr. Wilson moved that Ordinance No. 42-69 be placed on first read- ing, the motion being' seconded by Mr. Youngblood'. Upon call of roll, Mr. Scheifley, Mr. Wilson, Mr. YoungblOOd and MayOr Saunders voted in favor of the motion and Mr'. Pitts was opposed, -s- 9.a. The City Clerk reported.that the Planning and Zoning Board held public hearings on a petition for rezoning of certain lands, comprising two separate but adjoining tracts of land lying 500 feet south of Sher- wood Park, east of Military Trail, bounded on the south by Germantown Road an&on the east by a southerly projection of Dover Road, as now exists in said Sherwood Park St~bdivision. Further, this over-all tract of land is divided into two parcels by the petitioners for change in zoning, the northern~ortion of approximately 110 acres, petitioned for RM-1 zoning, being reflected in Item 1 below and the remaining portion, petitioned for RM'-2'ZOning, comprising approximately 90 acres, being reflected in Item 2 of the following Planning and Zoning Board report: Item !. The Planning and Zoning Board, following a public hearing thereon, considered the petitioner's request for rezoning, from R-1AAAB and R-1AA to 9/4-1, a tract of land comprising approximately 110 acres and lying· 500 feet south of Sherwood Park Subdivision. As a result thereof, the Board recommends that the Council approve the zoning change request. It~. 2. FollOwing the public hearing, referred to above, together with review and discussion concerning the peti- tion for rezoning the remaining portion of said tract of land from R-1AA to RM-2, the Board recommends approval of the petitioner's reclassification of said southern~ortion of the over-all tract, which portion comprises approxi- mately 90 acres. Mr. Wilson said that unless.there is a great desire on the part of some of the people Present tonight to be heard on this item, he would suggest it be tabled until the next meeting, and in the interim, as soon .as possible, that a workshop meeting be held in order that all the parties interested may be heard' and Council may vote from a posi- tion of knowledge a~d strength rather than from a position of inade- quate knowledge. Mr. John J. Walker, petitioner for the rezoning, and Mr. Gerald Dake, Urban Planner and Land DeVelopment Consultant, displayed a land use planned concept of their proposed development, and sketches of the westward expansion area south from Atlantic Avenue and west to Military Trail, showing the proposed 1-95 interchanges and other information, and ~explained their proposed plans in. detail, and how it would tie in with the use of S. W. 12th Street and the westward expansion of Delray Beach. Mr. Ernest I. Galinis, aSherwood Park resident, presented a peti- tion signed by several residents of that areaopposing said rezoning, and Mr. James Ritterbusch, Developer of Sherwood Park, presented names of several residents he had contacted by phone today who were in favor of the rezoning. During general discussion, several residents of Sherwood Park, and others, expressed their opinions both for and against said propoSed development plans and the rezoning of the subject property. Mr. Wilson said that the discussions tonight have pointed out once again the vital and urgent necessity for an over-all plan for the City, which has been discussed and nothing done about it. He suggested an early workshop meeting for discussion of ways and means to implement the actual starting of a study on an over-all City plan, in order that the City 'might proceed with an orderly development for the best inter- est of the. community. Mr. Wilson the~ moved that this item be tabled until the next Coun- cil meeting, with a condition that there be a workshop meeting at the earliest possible time. Following a question by Mr. ¥oungblood as to who would be present at said workshop meeting, Mr. Wilson.said the in- tent of his tabling motion is that he would like to talk with members of the Planning and Zoning Board, the City Planner, Mr. Ritterbusch, the developer of Sherwood Park, and any other people of that area who would care to attend the workshop session. The-motion was seconded by Mr. ¥oungblood and carried unanimously. It was stated that-when said workshop meeting is scheduled, the interested parties will be notified of the time. 9.b. City Clerk Worthing informed Council that Mebra Development Com- pany, comprised of Messrs. D. R. Mead, Jr., and Charles W. Braznell, has petitioned for a slight change from the Site Pian for construction and development of Coastal House Apartments, located at 2200 South Ocean Boulevard, which plan had been approved by Council on February 10, 1969. This revision pertains to the parking area, the recreational area and the pattern flow for traffic therein. Further, the Planning and Zoning Board considered this request at its November 4th meeting and approves the Site Plan changes, the vote having been 4 to 3 in favor of such change, as reflected in the Planning Board report, copy of which accompanied the agenda. Upon request, Mr..Abbott, Director of Planning, Zoning and Inspec- tion, showed the two different pla/ts to Council and explained the de- sired changes. Mr. Pitts moved that the Site Plan change be approved as designated by the Director of Planning, Mr. Abbott. The motion died for the lack of a second. Mr. Wilson moved that this item be. tabled until the next meeting and be an item for more thorough discussion at the next workshop meet- ing, the motion being seconded by Mr. Scheifley. U~on call of roll, Mr. Scheifley, Mr. Wilson, Mr, Youngblood' and Mayor Saunders voted in favor of the motion and Mr. Pitts was opposed. 10.a. Mr. Arthur C. Schier referred to a news item in today's Sun- Sentinel paper regarding the Boca Raton ocean outfall system, and said that they apparently intend to use same after it has been completed only to about half the intended length. Further, that he is concerned about POssible contamination of the City's beach from Boca Raton using that outfall line before 'it is completed, and that he understands some communities intend to protest. He asked what the City of Delray Beach can ~o to protect the people of Delray Beach from any contamination~ of our beach from that source.. Mayor Saunders asked that the City Manager look 'into the matter tomorrow. 10.b. Mayor Saunders reported, that the Police Department. has written letters to the schools complimenting the youth of our City for behaying so admirably on Halloween, as there was no trouble whatever. He said that he also wanted to Compliment the youth for their good behavior at that time. 10.b. City_Manager Gatchel presented a letter received from Mr. Charles Gettler of Boynton Beach, dated November 5th, regarding ocean beaches and loss.of same. through erosion. He invited the Delray Beach 0ffi- cials to a meeting at the Boynton Beach City Hall at 8:00 P.M., Thurs- day, November 13th, at which time he would show 30 colored slides to present.what other states have done to protect their ocean beaches. It was pointed out that said meeting would be the same night as the Candidates Forum in the Delray Beach City Hall, but that Mr. Pitts and City Engineer Fleming would .attend said meeting and make a report to Council concerning-same. 10.b. City Clerk Worthing reported that at its regular meeting, on October 13th, Council referred to the Planning and Zoning Board, for Study, a Petition from many residents in Rio Del Rey shores Subdivi- sion, who protested, the possible construction of a Midas Muffler Shop on the east side of S. E. 6th Avenue at 7th Street. Further, the Plan- ning,-and Zoning-Board, at a meeting on November 4th, unanimously recom- mended that the Board hold a public hearing at 4=00 P.M. in the Council Chambers on Tuesday, November 25th, for the purpose of hearing objec- tions, if any, to.rezoning, from C-2 (General Commercial District) to RMv1 (Multiple Family Dwelling District) or.gl1 commercial zoned pro- perties fronting on S. E. 5th and 6th AvenUes from S'. E. 4th Street to S. E; 10th Street, as well as a few properties extending southerly from -7- 11/1o/ 9 178 there to the entrance to Tropic Isle Subdivision. Council wasin agreement that such public hearing be held as recom- mended by the Planning and zoning Board. 10.c. City Clerk Worthing presented Bills for Approval,. as folloWs= General Fund $114,468.59 Capital ImprovementsConstruction Fund 33,606.47 Cigarette Tax Fund 9,670.43 Water Operating & Maintenance Fund 7,360.66 Utilities Tax RevenueFund 1,550.00 Sewer' Construction Loan Fund, First Federal Savings & Loan of Miami 757.90 Mr. Pitts said he believed Mayor Saunders talked to the City Mana-i get, on behalf of council, about trying to get the trash problem underi control, and a thirty-day time had been mentioned about obtaining somei answers for Council. Mr. Pitts qUestioned what amount of money is being spent, on rental equipment for trash pick-up. He suggested that it may be cheaper for the'City to purchase sufficient equipment and hire extra men rather than continue with a very+expensive rental operation for an indefinite length of time. The City Manager said he did not have those figures compiled, but could get them for Mr. Pitts. Mr. Scheifley asked if they could be presented at the next workshop meeting. The City Manager reported on the condition of. the present City equipment, and said he would have a report regarding the finances in- volved in rental equipment. Following further discussion on purchasing the necessary equipment, the bills were unanimously approved for payment, on motion by Mr. WilsoD and seconded by Mr. Youngblood. The meeting adjourned at 10:45 P.M. City Clerk APPROVED: I A¥O a -8- 11/10/69 178-A WORTH, ~OmDA ~ November 5, 1969 Mayor and City Commissioners City of Delray Beach City Hall Delray Beach, Florida Gentlemen: While attending the Florida League of Municipalities Annual Convent.- ion at Daytona Beach this past week, several Mayors and Commissioners of Palm Beach Cities held a meeting to see What interest .%here might be in a Palm Beach County League of Municipal Fovernments. At this meeting we had representation from Jupiter, Tequesta,. North Palm Beach, Palm Beach Gardens, Riviera Beach, West Palm Beach, Palm Springs, Delray Beach and ~ake Worth. Temporary officers were elected as follows: ~F. Kenneth Bradley Mayor of Lake Worth Chairman Emil F. Danciu Mayor of Boca Raton Vice Chairman Shirley R. Kohl Vice Mayor,Palm Springs Secretary - Treasurer Some dissatisfaction was expressed with the effectiveness of the Florida League of Municipalities on such issues as 1. The legislative job being done by the Florida League on behalf of local municipal governments. 2. The location of the Florida League's headquarters at Jacksonville rather than at the heart of legislative sessions - Tallahassee. 3. The new law ~o have each county assess and collect .all municipal taxes. 4.The lO mill ceiling on municipal governments, to be effective at some future date. A decision was made to call a meeting of.all ~Palm Beach County municipal governm~n~ representatives to mee~ at the West Palm 178-B - 2- Beach City Hall 1320 Second Street between Olive and Dixie Highway) on Friday afternoon, November 14, 1:30 P.M., for general discussion. We would like to have in attendance at ~his meeting all Mayors, Commissioners, City Manager, City Attorneys and other interested personnel. We woUld appreciate each municipal delegation bringing ~o ~his meeting a list of legislative issues in which ~hey are int~eresSed so that we may give adequate aO~ention ~o problems of all municipalities. The purpose of the meeting will be 1. Form an organization if ~here is sufficient interes~ 2. Select permanent officers 3. Draft a charter Se~ up a legislative program agenda as desired by our ci~ies 5. Discuss methods of getting more effective representation of our municipal governments at Tallahassee Will you please advise ~he writer of your interest in such a meeting and which members of your City organization will attend. Respectfully' F. Kenneth Bradley Mayor of Lake WorSh Temporary Chairman FEB: d z 178-C ORDINANCE NO. 38-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEI,RAY BEACH, FLORIDA, REZONING AND PLACING THE EAST 67 FEET OF WEST 400 FEET OF SOUTH 400 FEET OF NORTH 450 FEET OF LOT 21, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA, IN "C-3 WHOLESALE DISTRIBUTION AND LIGHT INDUSTRIAL DISTRICT", AND A- MENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "C-3 Wholesale Distribution and Light Industrial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The East 67 feet of West 400 feet of South 400 feet of North 450 feet of Lot 21, Section 20, Township 46 South, Range 43 East, Delray Beach, Florida. 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 con- form with the provisions of Section I hereof. PASSED in regular .session on the second and final reading on this the 10th day of November , 1969. /S/ J ...L -.. Sa~nder.? MAYOR ATTEST: /S/ R. D. wor,t, hinq City Clerk First Reading . O,c,.t,o,b,9,,r 13, ..1969.. Second Reading .N°~,v,em,b~r ,!0/ 1969 178-D ORDINANCE NO. 41-69. AN ORDINANCE OF THE CITY COUNCIL OF THE cITY OF DELRAY BEACH, FLORIDA, ANNEXING TO. THE CITY OF DELRAY BEACH, LOTS 23 THRU 27 INCLUSIVE, FIRST ADDITION TO KENMONT, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLI- GATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, ROGER E. GAiDOT is the fee simple owner of the property hereinafter described, and WHEREAS, ROGER E. GAIDOT, by his petition, has consented and given permission for the annexation of said property by the City of Delray Beach, and WHEP~AS, 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; 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 Beauh County, Florida, hereby annexes to said City the following described lands located in Palm Beach% County, Florida, which contiguous to said City, and more particularly described as follows Lots 23 thru 27 inclusive, First Addition to Kenmont, per Plat Book 22, Page 24, Public Records of Palm Beach county, Florida. SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to 'inclUde therein the above scribed lands, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the lands hereinaboVe described are hereby de- clared to be in Zoning District RM-1, 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, liabilities, ordinances and laws tO which lands in the City of Delray 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, clause, 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 re- maining portion. PASSED in regular session on the second and final reading on this the 10th day of November , 1969. /S/ J. L. Saunders MAYOR ATTEST: ./,S/ ~. p..Worthin~ City Clerk First Reading October 29, 19~9 Second Reading November 10:1969 NOVE~R 19,-1969- A s~ial meeting of th~ City Council of the City of Delray Beach, Florida, Was held in the Council Chambers at 11:00 A.M., Wednesday, November 19, 1969, with Mayor J. L. Sa~ders in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellows and Councilmen John L. Pitts, III, James H. Scheifley, J~mes B. Wilson and O. F. Youngblood being present. The Pledge of Allegiance to the Flag of the United States of America was g~en. MayOr Saunders called the meeting to order and announced that same had been called for the purpose of canvassing the returns of the Pri- mary Election held on Tuesday, November 18th, 1969, and for any other business that may come before the meeting. City Clerk Worthing reported that the returns of the Primary Elec- tion held on November 18th are as follows, and in the absence of any declaration of contest by any ofthe Candidates in said Election, Coun- cil should declare the result of the ElectiOn as reflected in the re- turn submitted by the Clerk and---Inspectors for the Election: Clifford H. Durden, Jr. 453 Donald H. Elliott 322 Grace S. Martin 648 LeRoy W. Merritt 638 James B. Wilson 485 Ozie F. Youngblood 638 Total votes cast 3,184 Mr. ~Oungblood moved that the report of said Primary Election, as submitted by the Clerk, be accepted. The motion was seconded by Mr. Pitts and'carried unanimously. C~ty Manager Gatchel presented Change Order No. 2 to the Contract with Murphy Construction Company, dated March 10, 1969, in the amount of $5,220.00, concerning repair of the Concrete Block Revetment Wall. (Copy of said Change Order No. 2 is attached to the official copy of these minutes.) See pages 180-A-C. He reported that the City Engineer had prepared said Change Order as coordinated and approved by the CitY's Consulting Engineers, Glace & Radcliffe, on the specifications. Further, the City Engineer h~s 'been working with Mr. Murphy.as 'to the contents of said Change Order and the installation of the sheet piling return wall. The City Manager reported, that as a result of Council decision at a recent workshop meeting as to the manner of shoring-up, the portions which are presently in a sunken or failed condition and would not be rgpaired under said Change Order have received repairs by City forces with the use of asphalt and concrete. Following general discussion, Mr. Wilson moved to approve said Change Order No. 2 and authorize the expenditure of funds for same. The motion was seconded by Mr. Youngblood and carried unanimously. City Manager Gatchel reported that the contract for replacement of sidewalk at the beach has been let to HardriVes of Delray Inc. by Highland Beach's contractor on the sanitary sewer installation contract. Further, the City Administration is in contact with Hardrives and urg- ing early completion of that project. Mrl LeRoy Merritt asked if the City Manager could urge Hardrives to complete the paving of the parking lot at the new Law Enforcement Complex as that is one of the main items holding up moving into that The meetin$3hg~ou~r~ed at 11:18 A.M. · ' '"' ~" , '.' d,,,,. ' 18 0-A ~., ~:~.,.,....,~: i.:.,<....L~. ,..~.~ ,,. ~.,.,...,..;, ~.~,,.~ , ~:.,x,. ....',. ,,.~., , ,,. r .... ,.,, ;~. .. ,,.,=...:,. ........... . ........ ._ ..... ._-., ...... .,,,,, ~/ X ... .-."" ~ ~ ~ ~ I ~ ~ ~ovember 18, 1969 ~O.N U, .,t~S. ,,,. c~,,.~,, .... , Change Order No. 2 Ropair of Concrete Block 'Reve~en~'Wall, Delray Beach, ~lorida, Conerace Da~ed March 10. 1969. The purpose of this change order.is to provide for the construction of a permanent steel sheet piling return wall at Sra. 3+63 for the purpose of protecting the northerly end of the new work done under this contract. Estimated quantity and agreed unit cost are'as follows: Est. Unit Item Unit Qqantity Price Total Construct Steel Sheet Piling Return Wall L.F. Complete as per Drawing and Specifications. of wall 43.5 $120.00 $5220..00 Steel sheet piling shall be U. S. Steel Section MZ-27 or Bethlehem Section ZP 27 with Section Modulus of 30.2 in. cu. per lineal foot, or equivalent section approved by the engineer. All piling shall be driven to the depth, shown on th~ drawing except that, if, in the opinion of the engineer, rock of sufficient hardness to prohibit driving to the depth shown is encountered at a 'shallower depth, he may then order piling cut off at such a point. Payment shall be made according to the lineal feet of piling placed, measured horizontally, and shall include the following work: Remove necessary amount of newly repaired revetment on south side of proposed r. eturn wall and replace as specified in this contract after construction of return wall. Furnish and place steel sheet piling as .specified and called for in ~he drawing. .. I 180-B ~hange Order No. i Repair of Concrete Block Revetment Wall Delray Beach, Florida Contract Dated March 10, 1969 / .' ! Provide permanent reinforced concrete cap as called for in drawing, using concrete with a design strength of 3500 p.s.i. Remove necessary amount 'of original revetment structure on north side of return wall, and replace in same condition after construction of the return wall, except that closing space of approximately 18 inches adjacent to the cap is to be poured with concrete, 3500 p.s.i. with suitable separater placed against cap. Perform any other work, whether or nbt specifically mentioned, which is pertinent to the proper performance of'this work. - The contractor hereby agrees to complete this work within 10 Working days (with usual allowance forunworkable weather conditions) after acceptance of this work order.. ..Approved by the Engineer -v .M~C. Fle~g City Engineer Approved by Contractor ~ Murphy ' :onstructio~ Co. Date , Approved by City Council at Special Meet' ~d. 19, 1969 Attei~ City,~