04-08-68 APRIL 8, 196e.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8500 P.M., with Mayor J. L. Saunders in the
Chair, .City Manager David M. Gatchel, City Attorney John ROsS Adams,
and Councilmen James H'. Jurney, LeRoy W. Merritt, James B. Wile0n and
O. F. Youngblood, being.present.
1. An opening prayer was delivered by Dr. Frank Hamilton.
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 March 25th, 1968,
were .unanimously approved, on motion by Mr. Wilson and seconded by Mr.
Jurney.
4. City Clerk Worthing read the following letter, dated March 26th,
from the Arcade Tap ROom to the City Managers
"01~ several occasions during the past few weeks, it
has unfortunately become necessary for uS to call on
your First-Ald~Rescue team to give aid to guests of
our restaurant,
In every instance, they have responded promptly and
their services hav~ 'been bot/l efficient and courteous.
We should like you to know that we are very ap~ . .-. :
preciative fo~ 2hie. and:would also 1-ike you to convey
~:~ ouZ~thanks' to the City council." ' '
'Mayor 'Saunders asked ~:hat the City Manager inform the' Fir~t-Aid'
Rescue Team of the appreciatiOn expressed.
5. Mr. Jurney read the roi'lowing petition signed by 'thirty-three
peopl.e:
~ "We the undersigned citizens, property owners, tmxpayers.
and voters of Delray Beach, Florida, respectful'ly petition
your Ho~0rable council to order a strict enforcement of.~the
existing :Dog ~ Ordinance.
Dogs in this area are very numerous and are a noisy
nuismlce. In addition to damaging property by digging in
flower beds, lawns, 'etc., they mess up lawns, chase passing
Cars with loud barking, and in several cases have attempted
to bite passing ~yclistS and pedestrians. Most dogs in
this'seCtion are 'not kept on a leas~ or confined in any way.
They just run loOse in packs. -
It was repOrted the people signing this petition live in the
nOrthwest section of town, with addresses on Rye L~le, Lak6 Shore Drive,
Kings Lynn, N. W. 1st Avenue and N. W. 9th Street.'
Mayor Saunders suggested this be referred to the City Manager and
asked that he get someone, or as many as are needed on this job' as soon
as ~oeSible.
The C~ty Manager reported that he is ready to enforce the .ordi~.ance
tO the best of his ability, but has been unable to get someone to as-
sist the Animal Warden.
During lengthy discussion, it was reported there would be furthe~
effort to hire sOmeone for said job.
5. Mr. Wilson suggested that .the Cotincil review with John's Beach
Service, at the end of this seasOn, how m~:~aba~&~ th~ have now,
how th~'t number compares .with' the "number' they had Wh'~g.:.~e' p~esent
agreement was '-made~. further, a r.~tew o.£-'the placam~ni'o'f 'the Cabanas,
and t. ha6 a particular endeavo~ be ~h~e~ ~': keep them from erecting caba-
nas on the" grassed area.
68¸
He recommended this matter be reviewed at an early Council work-
shop session, contemplating taking such action that might be necessary
prior to the next season.
5. Mr. Wilson referred to Council action on Agenda Item 10.b. of the
March 25th, 1968 Council meeting, regarding consideration of the
County Commission's proposal to provide a Special Tax DistriCt Free-
holder's referendum. He then quoted the following part of Item 10.b.
from the March 25th Council meeting ~inutes: "Mr. Wilson then moved
to endorse the special tax district as proposed by Mr. Warren, the
motion being seconded by Mr. Youngblood. Upon call of roll, Mr.
Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion
and Mr. Jurney and Mr. Merritt were opposed."
Mr. Wil~on reported he had discussed this item at length w~th
Mr. Jurney and Mr. Merritt, and suggested that his motion be cancelled,
not because of the intent but because of the wording, a~d that a new
motion be made that would clarify the situation.
Mr. Wilson moved that the motion he made as identified under
Item 10.b., Page 10, of the minutes of the last Council meeting be
reconsidered, the motion being seconded by Mr. Youngblood and unani-~
mously carried.
Mr. Wilson then moved that the City Council recommend that. action
be taken to insure an attempt to obtain necessary signatures which in
turn will make possible the holding of a referendum in order that the
people of the community may be heard in favor of or against the tax
district as proposed. The motion was seconded by Mr. Youngblood and
carried unanimously.
6.a. Concerning a survey of parcels of land in violation of the
nuisance laws, presented by the City Manager, Mr. Merritt moved that
the City Clerk be instructed to proceed with the enforcement of Chapter
15 of the Code of Ordinances, the motion being seconded by Mr. Jurney,
and unanimously carried. (Copy of survey is attached to the official
copy of these minutes.) See page ?8-D.
6.b. Regarding the Garden club's project for beautification of the
V. F. W. monument at the City Park, City Manager Gatchel reported he
thinks the following letter of transmittal signed by Mrs. I). R. Neff,
President of the Sea Grape Garden Club, as well as the accompanying
sketch, are self-explanatory; further, it is felt by the City Adminis-
tration to be a good plan in its present forms
"1. City council approval is respectfully requested of a coopera-
tive Garden Club Project for the beautification of the Veterans of
Foreign Wars' Monument in the city Park at Atlantic Avenue and the
Intracoastal Waterway. Consideration of this matter at the council
meeting on April 8th would be greatly appreciated, providing suc~
action meets with your approval.
2. In order that this project may be properly reviewed and acted
upon, a plan has been prepared by ..Mrs. Fran Zahm, a nationally recog-
nized landscape architect. Copies of this plan have been furnished to
concerned city hall administrative personnel.
3. The submitted plan has been previously approved by the V.F.W.
and the City Beautification Committee.
4. In consultation with Mr. Cartee and Mr. Elliott it was tenta-
tively agreed, subject to your final approval, that the City was in a
position to:
a. Remove present planting
bo Remove walk around monument, should it become necessary
c., Relocate flagpole
d. Supply 8 Adonidia Palm trees
5. The beautification work will be carried out by Boones Nursery
(Mr. Lloyd Mangus), at a cost of $1,500 to be paid for by the Delray
~arden Clubs. It is planned to complete the work by summer.
6. We request that .approval be given to carry out the plan as
herewith presented. It is believed that ~t will result in a major
improvement to our city park. A major objective in preparing this plan
has been ease of maintenance.
We wish to thank you in advance for your favorable cOnsideration
of this matter."
Foll0wing a question as to what expense the City would assume
in this project, the City Manager reported the work could be accom-
plished with the present City personnel, and that he believes there is
sufficient money in the present budget to take care of any expenditure.
Mr. Merritt said that with appreciation to them 'he would move
that the plan'..as submitted by the CounselOr of the Garden Club Parley
-~ be approved and accepted by the City. The motion was seconded by Mr.
Wilson and carried unanimously.
6.c. On motion by Mr: Jurney and seconded by Mr. W~lson, Mr. J. T.
McMurrain was unanimously reappointed as a member of the Civil Service
Board for a four-year term commencing on April 1, 1968.
6..d. Th~ City Manager reported that while in a recent workshop session,
Council had requested the lease for the City 'Dock property be available
at this time for discussion and review, particularly as pertains to
responsibility for ground maintenance, and further, as to term of lease
and other conditions contained in said'lease.
Mr. Jurney moved that this item be referred to the next works~
meeting in order .that the lease might be reviewed in its entirety, and
act on same at the next Council meeting.
.~ayor Saunders directed that this item be scheduled. . for the next
Council workshop meeting.
6.e. Mr. Nathan Sharp, on behalf of ~he Police.,"Benevolent Association,
referred to land donated to the City by Mr. Warren' Grimes for use by
said Police Benevolent 'Association, and of a donation to assist., in
pr0Viaing a building. He said he feels it is in the best inte=est of
the City and the Police.. Department that the City build Said building
and the Association would equip and maintain same and pay the C,~ty of
Delray BeaCh $100.00 per m.on~h On a lease. Further, if. this is
proved it would be a great encouragement to the Polic~ Department, and
would place Delray Beach ahead of any City on the east coast of Florida.
Following a question by Mayor Saunders, City Manager Gatchel ex-
plained it is' his understanding that Mr. Sharp has suggeste~ that the
City actually build the shell of said building in accordance with the
plans and specifications prepared by an architect retained by the
Police Benevolent Association~ that the Association would equip and
maintain, same and pay $100.00 a month rent to the City.
He Said. that.' Mr. Sharp recognizes, being a member of the Finan-
cial 'Adv£sory Board, that such a request would have to be with Council's
apprOval, subject to availability of fu/~ds amounting to approximately
$60,000 to ~;70,000.
Following discussion, Mr. WilSon moved ~hat the Council approve
~he. idea an~ earnestly hope that the project can be consummated, and
there be an early workshop meeting to explore the possibility of se-
.euring necessary funds, the motion being seconded by Mr, Jurney. Upon
call 'of roll, Mr. Jurney, Mr. Merritt, Mr. Wilson and Mr. Youngblood
voted in favor of the motion and Mayor Saunders was opposed. He
qualified.his vote in that he feels there are too many unanswered
questions at this time.
6.f. .city Manager Gat~hel,, info .rme~.. COuncil that the Grimes. Manufac-
turing ComPany has submitted to 'the ~anning and ~oning .Board a Pre-
limina, rY Plat for Lake Eden S.~...dlvis~n: Plat No, 1, for'development
of aPproximatelY eight acres '°'~ 'ia"~.~.':i~ng adjacent to and West of 'the
Unity ChUrch property and North of N. W.' 22nd Street.~ Further, this
tract Of land was annexed to ~he City in April, 1964, and the Planning
and Zoning Board, together w£th'~ 'th~ City Engineer, has met With the.
developer's representative, ~evie~d the Preliminary Plat0 ali parties
agreeing to'certain changes, deterfnined by the Board and City Engineer
to be in the best interest of the City, as well as in Compliance with
the City's~Subdivision Ordinance, and it is, therefore, recommended
by the BOard that Council tentatively approve said Preliminary Plat,
which, prior to execution, shall reflect the agreed upon changes as
set forth in a memorandum, dated April 4th, from'the Planning Board,
and shown belOW:
1. Location sketch shall be placed on the Preliminary Plat
showing all information required by the Subdivision
Ordinance.
2. Although" actu'al construction drawings will be submitted
to the City Engineer subsequent to approval of the
Preliminary Plat, the location and size of certain
fac£1ities such as drainage pipes, catch basins, side-
walks and so forth, shall be entered on to the Pre-
liminary Plat to the satisfaction of the City Engineer
prior to signing of the Preliminary Plat by City Of-
ficials o
3. That a sidewalk shall be provided along the westerly
~ight-of-way line of proposed 'N. W. 2nd'Avenue extension
and along the southerly right-of-way line of this street
from a point where it bends Lo-the west, to the cul-de-
sac.
4. Contours showing the final grade of the lots and spot
elevations sufficient to show the 'elevation and grade
of the street shall be shoW~.
Mr. Youngblood said that since the changes meet the approval of
the Planning Board and the Engineer, he would move that the Preliminary
Plat be accepted, the motion being seconded by Mr. Jurney and unani-
mously carried.
7.a. City..Clerk Worth~ng informed Council of a petition having been
received from Hugh and Evelyn Kean, requesting transfer of Beer and
Wine License No. 1335, issued to Hugh Knight Browning, operating the
Barefoot Pub, at 328 N. E. 6th Avenue~ further, that Mr. & Mrs. Keane
have been investigated in the usual prescribed manner, approved by'
City and State Beverage Department agencies, and it id, therefore,
recommended that the request be granted. Said request for transfer of
license was unanimously granted, on motion by Mr. Jurney and seconded
by Mr. Youngblood.
7.b. The City Clerk informed Council of Mr. Le~l J. Robinson, 31
N. W. 7th Avenue, having applied for a ".Certificate of' Public Conven-
ience and Necessity" to operate one tax~sb. In compliance with Sec-
tion 26-7 of ~he 'Cod~ of Ordinances, Council set the .'.date of the next
regular Council meeting as a time for public hearing on said applica-
tion, on motion by Mr. Jurney and seconded by Mr. l~erritt.
8.a. City Clerk Worthing presented oRDINANCE NO. 7-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONIN~ AND PLACING IN
CERTAIN ~DISTRICTS~, IDENTIFIED AND CONTAINED
HEREIN, THE LOTS AND PARCELS OF LAND IN TH~ CITY
OF DELRAY BEACH, FLORIDA, SPECIFICALLY SET FORTH
HEREINAFTER, Ak~D AS APPEAR ON PLATS THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1960".
(Copy of Ordinance No. 7-68 is a2~ached to the official copy of
these minutes.) See pages ?S-A-C.
The City Clerk referred to the following Planning and Zonin~
Board Report, dated February 21, 1968:
"At a regular meeting of the Planning and Zoning Board held at
4:00 P.M., February 20th, .1968, ~n the City Council Chambers, a Public
Hearing was held for the purpose of hearing objections, if any, to
proposed changes in the zoning of Tropic Palms Subdivision and certain
lots in Tropic Isle Subdivision. ....
There were ..four objectors representing ownership of eight lots
in Tropic Isle and a five-acre industrial tract in Tropic Palms. There
are 1,815 lots and a small amount of acreage involved in the proposed
zoning change.
The Board voted unanimously to recommend 'that City Council ap-
prove the request of the Planning and Zoning Board for the comprehen-
sive rezoning of all the lots and acreage as originally presented by
the Board."
Letters from Mr. & Mrs. John D. Halstead, ~. Hans R. Freyer,
Dr. & 'Mrs. Murray Sanders, Mr. Alfred Hillman; and Mrs. Ethel M. Bailey
we=e, pr~ented expressing objections to rezoning of. properties in Tropic
.Is'Is Subdivision~to RM-1 classification, and Mr. & Mrs. Halstead also
objected to .the .reclassification of a five-acre tract of land in Tropic
Palms Subdivis ion from C-3 to RM-1.
No one appeared before Council during the Public Hearing on
Ordinance No. 7-68.
During discussion, Mr. James Scheifley, a past president and a
Director of the Tropic Isle Civic' Association, commented on the zoning
and the deed restrictions in TrOpic Isle, and informed Council.. that the
vast majority of the residents of Tropic Isle and the majority of the
Directors of the AssociatiOn, are in favor of the rezoning that would
result from the passing of Ordinance NO. 7.-68 and recognize that'the
proposed development would be for the best interests of Delray Beach
in every way. He 'explained tha= the. change of ZOning from R-2 to RM-1,
in his opinion and the opinion of the Planning and Zoning Board, W°Uld
upgrade the i area.
Following. lengthy .discussion, Qrdinance No. 7-68 was unantl~oUS~'y
passed a~ adopted on this second and final reading, on motion by Mr.
Merritt and seconded by Mr. Wilson.
8.b,' 'The City Clerk presented ORDINANCE NO. 9-68.
AN ORDINANCE OF THE CITY COUNCI~7~F THE CITY ,OF
DF~RAY. BEACH, IN PALM BEACH COU'~Y, FLORIDA, A-
MENDING CHA.PTER 17 (OFFENSES) OF .THE CODE OF
' ORDINANCES~ CITY OF DELRAY BEACH, FI~ORIDA, BY.
ADDING THERETO A NEW SECTION 17-20.1 (INDUSTRIm
AL AND MANUFACTURING ESTABLISHMENTS -_NOISE PRO-
HIBITED FROM 10 O ~ CLOCK P.M. UNTIL 7 O ~ CLOCK
A.M.) PROVIDING THAT NO INDUSTRIAL OR MANUFAC-
TURING ACTIVITY MAY BE CARRIED ON-WITHIN THE
CITY BETWE~ THE HOURS ~oF-10 O'CLOCK P~M.. AND ~
7 O~CLOCK A.M. IN SUCH MANNER THAT THE NOISE ~
MAY DISTURB THE PEACE WITHIN ANY .RESIDENTIAL
AREA .OF SAID CITY~ PROVIDING FOR A PENALTY
CLAUSE~ REPEALING ALL 'ORDINANCES IN CONFLICT
HEREWITH~ PROVIDING FOR AN EFFECTIVE .DATE~
' AUTHORITY TO~ CODIFY ~ FOtt A -SAVINGS CLAUSE I
AND FOR' OTHER PURPOSES.
Ordinance No. 9~68 was unanimously placed on first reading, On
mot£on by:'.Mr. Merritt and seconded by Mr. Youngblood.
8.'ci The City.'Clerk Presented ORDINANCE NO. 10-68.
AN ORDIN;~NCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 29, CODE OF ORDI-
NANCES, B~ ADDING PR~ISIONS. PERTAINING TO
REGULATION OF VETERINARY CLINICS;' AND PRO--
VIDING A PENALTY FOR VIOLATION THEREOF-.
Ordinance No. 10-68 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Jurney.
8.d. City Clerk Worthing presented ORDINANCE NO. 11-68 and said this
Ordinance had been initiated by the Beautification Committee.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 14A, GARBAGE, TRASH AND WEEDS, OF
THE CODE OF ORDINANCES, SECTION 14A-I-DEFINITIONS,
BY ADDING SUBPARAGRAPH (i) DEFINING LITTER;. AND BY
ADDING SECTION 14A-9 PROHIBITING THE THROWING OR
DEPOSITING OF LITTER; AND PROVIDING A PENALTY THERE-
FOR.
The City Attorney called attention to subsection (b) of the
Ordinanc~ as follows: ~ ...
"Sweeping litter into gutters prohibited. No person shall
sweep into or deposit in any gutter, street, or other
public: place within-the City the accumulation of litter
from any building or lot or from any public or private
sidewalk or driveway. Persons. owning, or occupying property
shall keep the. sidewalk in.front of their premises free
of litter," .
Following discussion, Ordinance No. ll-68,Was unanimously placed
~n first reading, ~on motion by Mr.. . Jurney and seconded by Mr. Wilson.
9.a. The City Cle=k report~,.,~..that~on March llth, Council referred to
the Planning and Zoning Board, for consideration~and recon~endation,
a petition for abandonment of that portion of S. E. 4th Street lying
between S. E. 7th Avenue and.the Intracoastal Waterway, and the Board's
report ~s as follows:
"At the regular meeting of the Planning and Zoning Board
held at 4:00P.M., March 19, 1968, in the Council Chambers,
City of Delray Beach, the ~oard unanimously voted to
recommend to City Council.that the petition-to abandon
a portion of S. E. 4th Street lying between S. E. 7th
Avenue and the Waterway, a distance of 150 feet, be
denied on the basis that such would abandon necessary
rightS-of-way on which are lo=ated-the Storm drain
facilities for that area.''
Mr. Merritt moved to sustain the .recommendation of ~the. Planning
~d Zoning Board, in denial of ~the petition, the motion being ~seconded
by Mr. Youngblood and unanimously carried.
9.b. The-City Clerk reported 'that on February i.12th, CoUncil referred
to the Planning and Zoning BOard a request for rezoning of the South
100 feet of Lots 23 thru 33 less the West 20 feet, Asbury Park Heights,
from R-1AA to R-3 (Multiple Family Dwelling District). Further, the
Planning and Zoning Board held a public hearing on the request on
March 19th, and at a meeting on March 25th reviewed the results of said
hearing and unanimously recommend to Council that the request for re-
zoning of said property from R-1AA to R-3 be granted.
Mr. Jurney moved to sustain the recommendation of the Planning
and Zoning Board in granting the rezoning request,- the motion being
seconded by Mr. Y~ungblood. Upon call of roll, Mr. Jurney, 'Mr. Merritt,
Mr. Youngblood a.n~ Mayor Saunders voted in favor of the motion, and Mr.
WilSon, being the..'owner of said p=operty, abstained from voting.
-6 - 4-8 -68
9.c. Concerning .a~petition for rezoning of ~Lots I thru 9, and Lots
26 thru 29, Replat o.f Breezy Ridge Estates, referred to the Planning
and Zoning Board for' a~.public hearing to be held-.thereon, the City
Clerk re~orted that the ~oard, under date of April 2nd, re~rts that
such a limite~ change would be incompatible~with" existing residential
development in ~he subdivision. Further, the petitioner owns five
· lots adjoining Lot. s 26 thru 29, an~ the Planning and Zoning Board
requests, with the agreement ~0f the .~etitioner, that Lots 26 thru 34
inclusive, Replat of Breezy Ridge Estates, be submitted to the Planning
and Zoning Boar~ for consideration of rezoning from R-1AA to RM-1 clas-
sification& It was so m~..ve~' by Mr. Youngblood, the motion being second-
ed by Mr. Wilson and unanimously =arried.
9.d. The City Clerk re~orted that on.January 22, Council referred to
the Planning an~ Zoning Board a petition for rezoning of several par-
cels of land in ~he ~mmediate area of the southwest corner of South
Swinton Avenue and 10th Street from R-lA to C-2 classification and the
Planning and Zoning Board, following a public hearing on this request,
has approved such reclassification subject to deletion from the petition
of that part of Lot 5, section 21-46-43, which lies east of South Swinton
Avenue, and-further subject to dedication of lands for right-of-way on
both S. W. 10th Street and South Swinton Avenue, in recognition of
future major artery requirements of the Bureau of Public Roads Thorough-
fare Plan, previously tentatively agreed u~on by Council with Mr. Arthur
Smith. Further, Council may deny this rezoning r~quest or sustain the
Planning and'ZOning Board's unanimous recommendation which has been
accepted and....~agfee~ to'by the petitioners.
Attorney John H. A~ams, representing the petit~'oners ~or rezoning,
informed Council that he 'has presented to the City officials .photo~
~raphic copies of the r~ght-of-way deeds, the requirements having been
dictated by the Director of planning, Zoning and Inspection, and said
deeds would be delivered to the City. at time of rezon~ing,
Mr. Merritt said that he objects, as he has in the past, t° any
rezoning to commercial classif£cation of property fronting on' Swinton
Aven~e.
Ir'was ~ointed out that the subject property is very near the
P.E.c. Raiiway tracks, in the vicinity of the Florida Power & Light
Compan~ .parking area and storage Yard, and also in the vicinity of two
concrete, product ~nduStries. FUrther, there would be a grade separa-
tion off of ~I-95 at 10th st~e~ and an Interchange at 12t~ Street which
woul~ increase traffig in this area.
Mr. Jurney moved that' 'the CounCil sustain' the recommendation of
the Planning and Zoning Board~' the mot£on being seconded by Mr.
Youngb~o0d. U~on call o~ roll, Mr, Jurney, Mr. Wilson, Mr. youngbl°Od,
and Mayor Saunters voted in_ favor of the motion and Mr. Merritt was
oPPosed.
9.e. The City Clerk reported that o~~ February 12th the. CounCil re-
ferre~ a request ~Or abandonment of Lots i thru 9 in the .north half of
Block 124, to the Planning and Zoning Board for. review an~d recommenda-
tion, and that said Board unanimously recommends the request be
subject to clearance with the City Engineer in regard to the existing
easements, if: any, an~ ~ossible need for future .easements for the
health, safety and welfare of the community. . .
'Further, the. petitioner and City Engineer are in concurrence with
the City retaining, for the benefi~ of the lands affected, and in the
best interests of the City, the sidewalk right-of.way'running north
and south along the easterly five 'feet of the property, as well as the
ten-foot easement~ for pUbli= Utilities and the ten-foot 'Service alley
running east and west, both of which are on the south side of the sub-
ject property.
The City Clerk informed Council that a Resolution providing for
such vacating of the Plat, in full compliance with the recommendatorY
advice of the City Engineer has been .prepared for Council consideration.
-?- 4-8-68
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF D~LRAY BEACH, FLORIDA, VACATING AND
ABANDONING PART OF THE PLAT OF THE SUBDI-
VISION OF BLOCK 124 OF SAID CITY, TOGETHER
WITH THE NORTH-SOUTH SERVICE LANE'S' RESERVING,
HOWEVER, THE EAST-WEST SERVICE LANE, SEWER
AND UTILITY EASEMENT'AND SIDEWALK EASEMENT
(AFORESAID PLAT BEING RECORDED IN PLAT BOOK
18, PAGE 91, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA).
(CO~y Of .Resolution No. 15-68 is attached to the official copy
9f these minutes.) See pages ?8-E-F.
Mr. Merritt asked if the request- is also for the abandonment of
the 16-foot service alley running north and south through said plat of
She north half of the Block. City Engineer Fleming said they are ask-
ing for that abandonment, and that he had recommended a provision re-
quiring reversion to the City of both the north-south and east-west
service lane in the event that any portion of the property is sold by
~etes and bounds, as that north-south service land would be the only
means of access for serving the property with garbage and trash col-
lections providing it is not built upon as a single unit.
City Clerk Worthing read a letter from the prospective purchaser
of said property, the Bart Company, dated April 5th, in which they
stated it is their intention to develop the north half of Block 124
with a single structure, and that they agree the property will' not be
subdivided nor sold in parcels by metes and bounds~ further, upon
proval of the request for abandonment and their acquisition of the
property, they would quit claim to the City any right, title or inters.st
to the five-foot sidewalk to the east of the property.
Mr. Merritt reported that in an endeavor to provide parking
facilities for the Adult Recreation Complex located in the C~ty Park,
the Council appointed Committee, of which he was Chairman, had ex-
hausted every possibility of providing said parking before the final
plans were made and a portion of~ the Park used for that purpose.
He read correspondence, commencing on June 15, 1967, to and .from
Mr. Vos, the owner of Lots 1 thru 9 of the north half of Block 124, in
which he had asked that Mr. Vos consider trading the 16-foot n¢~rth-
south alley and the 10-foot east-west service lane connecting said alley
with N. E. 7th Avenue, for a twenty-foot strip along the eastern edge
of said property, which would help alleviate the parking problem for
the City and at the same time solidify the entire parcel plus ,adding
six front feet to the overall
Mr. Vos replied that he could see some'merit to the proposal, but
for various reasons concerning setbacks and servicing of apartments
they were to be built on the eastern part of the property, he was not
incl£ned to agree with said ~roposal, and offered to sell his property
to the City.
The following is an excerpt from Mr. Merritt's letter of July
1967, to Mr. Vos= "It has been my experience that property of that
size ~s much more des~reable in an unbroken, state than when it is
divided by inflexible alleys and rights-of-way. Certainly the dedicated
sidewalks and building setbacks would still be ~n effect, but would
only pertain to the perimeter and should prove to be a major selling
point to a potential developer."
Mr. Merritt informed Council that by helping the City alleviate
a problem, '~this present problem could have atready .been solved, and
that he is not in favor of now abandoning said property.
Following a question by Mr. Jurney regarding & sidewalk on the
east side of N. E. 7th Avenue from 1st Street to Atlantic Avenue,
City Engineer Fleming repo=ted there is enough room for a sidewalk
within the existing street righthof-way.
Attorney Harry Newett, representing the prospective purchaser of
said property, informed Council that the purchaser plans to improve
the property in. a manner that would be of value to the City.
Following a question by Mr. Jurney about providing sufficient
parking for a condominium, Mr. Charles Bart of the Bart Company in-
formed Council that in their past 'construction in Delray Beach they
have more than conformed with the City parking requirements and any
development they would place on this property would be a help to the
park and an' asset to the City.
Mr. Jurney moved to sustain the recommendation of the Planning
a~nd Zoning Board, the motion being seconded by Mr-.~'Youngblood.
Mr. Merritt mentioned the disappointment of many people when the
City Park was used to provide parking facilities, and suggested rather
than abandon and give the property away,., the City trade the 16-foot
alley for. 16 feet adjacent-to the sidewalk on the east side of Said
property.
Mr. Bart informed Council they could not use the property if that
were the condition as it would not be large enough.
City Attorney ,Adams suggested that to carry this item to the
proper conclusion the motion to sustain the recommendation of the
Planning and Zoning Board should also include the passage of Resolution
No. 15-68. Mr. Jurney then moved that Resolution No. 15-68 be passed
on:: this first and final reading, the motion being seconded by Mr.
Youngblood. Upon call of roll, Mr. Jurney, Mr, Wilson, Mr. Youngblood
and Mayor Saunders voted in favor of the motion and Mr. Merritt was
op,posed.~ . : : ~. :~, ,~,:
10,'a'~' -.Eev, :S. 'Taylor., '(1437. $.. i W. 3rd.../stree~;. r.e.~.err'~d: .~.(5'.~he de, nth
cO..u,t ..O~:it~e ::"Sa,~.~atlO,..'Oe-p%~e"t, a"d.: sa~d there' 'i~" ~'d~os~'S~ac~0n o~
~=i: ~o..~ .a. nd'als.o to e~empt whatever ~er~'°nn~l ~0~ibl'e' f~Om'wOrki'n~
tomorrow. in.honor of Dr, King ........... ... ....... , .... .. :.,., : .... . ~..
. su=pr se
wo~ o~'~l~ga~"hOlidaysithroughout''~'~.~r. ~'.' ~' ".'" -"~' '-'-'
suggj ed'::. at th,. me, from
wi'th'. ~:he'd~SCr~'t~0n' 6f"the ind£~idualS themS61ves. ' ....... ~ '~
During comments, 'City Manager Gatchel said 'he felt ~t would'be a
high. ly inef~£cient .operation' if the"/¢ity were" ~,o :t..rF (~o.._dec~.eave .the
rews' on h ": arbage tru&ks at e
equ~:% ,:~'~.'90:~U~it~'.. .He:..'fUr'ther .Stat~.d .tha~~, all. C~ty personnel :'~h°~la be
we're'. ~ot gr'an~e'd to th~"Ot~ers, t~'at'h'e'aoeS no~ ~now th~" Counci~"s ':
des£:~e ~.n ~his matter, "that the t~e off =ould.~e w~:th, or...W~hOut pay,
~r..~o~ood sa~d t~a~ when 'he men~o.ned,: w~:tb°U~ .~n~a~.~y, b~
was '~6~ .'~hinkin~ o.f. ~he f~nanc~al.- side, he was ~h~nk'~.n~...~' .~e~s of.
c~ bU'~ a~'..'su=h a la~&~ ~our i~ would ~e d~ffi=ul~, to d'iS=°n~nue ~e
":~ - -9- " ' ' .... 4'e~6's "'"".' '~'
planned operations for tomorrow. The Council was 'in agreement that no
ones job would be. in. jeopardy if they did not re~ort for work tomorrow.
lO.a. Mr'~ Sherman Artis, 125 S. W. 8th Avenue, mentioned the request
of the Progressive Committee' for-Civic ACtion regarding a lighted base-
ball field, and asked how soon a decision would be made on that re-
quest.
The City Manager reported that he is checking into the avail-
ability of additional property that will be needed there, the cost of
lighting, sodding', etc., but there has not been sufficient time to
complete the report. '
~0.b. Relative to a matter' brought .up at the last Council meeting by
Mr. Jurney regarding improper sewer connectionS, City Manager Gatchel ~
reported this matter had been handled previously and prior to the last'
Council meeting. -Further, approximately a year ago an individual did
install, without a permit, a substandard sewer connection and when the
Department of Planning, ~oning and Inspection became aware of the sit-
uation, the Building Inspector made an agreement with that individual
to disconnect the improperly installed connection. He further inform-
ed Council that the party who brought this to CoUncil attention was
unaware at that time that the situation had been corrected, and that
he has a letter from the protester in which he agrees to drop the com-
plaint, and thanks the City Council and Building Inspector for prompt
action in the matter.
lO.b. City Clerk Worthing read t~.e following letter from the Board of
Public Instruction of Palm Beach County, signedby Robert W. Fulton,
Superintendent' of Public Instruction, and also read the accompanying
Resolution=
"I am enclosing a Resolution adopted by the Board of Public
Instruction on March 25, 1968. It ~is the sincere hope of the
Board of Public Instruction that the City of Delray Beach will
give serious consideration to this resolution."
RESOLUTION
WHEREAS, the City of Delray Beach presently has under con-
sideration the matter of approving plans for the developmefit of
a subdivision upon which it is proposed to construct some 3,000
homes within the next two to three years, and
WHEREAS, students who will be living in said subdivision may
be confronted with dangerous and hazardous walking conditions
in going to and from existing schOolS by'reason of the location
thereof, and
WHEREAS, this Board deemS' it necessary and advisable that'
provis£cn be made in said subdivision ~planning for school sites
at suitable lOcations to be determined in consultation with the -
County Superintendent of Schoo~ls and members of his administra-
tive staff,
NOW, THEREFORE, BEIT RESOLVED BY THE~BOARD OF PUBLIC IN-
STRUCTION OF PALM BEACH COUNTY, FLORIDA, that this resolution
shall be presented to the City'Manager, the Mayor and officials
of the C~ty of Delray Beach charged with approval of said sub-
division plan with areguest for consideration and appropriate
action in accordance therewith.
ADOPTED this 25th day of March, 1~968.
THE BOARD OF PUBLIC INSTRUCTION
OF PALM BEACH COUNTY, FLORIDA.
Its Chafrman
ATTEST= By_ ./s/ .Robert W. Fulton
Mayor Saunders asked that this item from the Board of Public
Instruction be place~ on the agenda of the next Council meeting.
10.c. City Clerk Worthing presented Bills for Approval as follows=
General Fun~ $ 73,616.08
Water Operating and Maintenance.Funa 5,849.11
Water Revenue Fun~ .. 10,000.00
Utilities TaxRevenue Fund 1,550.00.
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund 22,485.24
Sewer Construction Loan Fund
First Fed. So & L. of M~ami 2,822.00
The bills were unanimously ordered paid, on motion by Mr.
Jurney and secon~edbyMr. Youngblood.
The meeting adjourned at 10=45 P.M.
City Clerk
-11- 4-8-68
DELRAY BEACH, FLORIDA, REZONING AND PLACING IN
CERTAIN 'DISTRICTS', IDENTIFIED AND CONTAINED
HEREIN, THE LOTS AND PARCELS OF LAND IN THE CITY
OF DELRAY BEACH, FLORIDA, SPECIFICALLY SET FORTH
HEREINAFTER, AND AS APPEAR ON PLATS THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN A~) FOR PALM BEACH COUNTY, FLORIDA, AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
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 Clas-
sificatlons in~icated below, and as defined in Chapter 29 of the Code
of Ordinances of the City of Delray Beach, Florida, to-wit:
DESCRI. PT!0N.._OF _PROPERTY C L A S_S I F I .C...A ? I O N
FROM TO
TROPIC. ISLE SUBD~I_vISI..oN
Lots 94 thru 99 inclusive R-3 RM-1 (Multiple Family
Dwe 1ling District)
Lot 100 R-2 RM-1
Lots 101 and 102 R-3 RM-1
LOtS 103 and 104 R-2 RM-1
Lots 120 thru 129 inclusive R-3 RM-1
Lots 130 thru 139 inclusive R-2 RM-1
Lot 397 R-2 RM-1
Lots 398 thru 406 inclusive R-1AA RM-1
Lots 407 thru 415 inclusive R-2 RM-1
LOt 416 R-3 P44-1
LOt 472 R-2 RM-1
Lots 473 thru 480 inclusive R-3 RM-1
Lot 481 R-2 RM-1
Lots 482 thru 486 inclusive R-3 RM-1
Lots 487 thru 489 ~nclusive C-1 RM-1
Lots 490 thru 492 inclusive R-3 RM-1
Lots 493 thru 495 inclusive R-2 RM-1
Lots 496 thru 533 inclusive R-1AA RM-1
Lot 534 R-3 RM-1
LOts 535 thru 548 inclusive R-1AA RM-1
Lots 549 thru 553 inclusive R-2 RM-1
Lots 554 thru 558 inclusive R-3 RM-1
LOts 559 thru 568 inclusive R-2 RM-1
Lots M-1 thru M-7 inclusive R-3 RM-1
Lots M-8 and M-9 C-1 RM-1
TROP I C. PA .LM. S__ SUBD I ?~.S I ON
Lots I thru 16 inclusive R-2 RM-1
Lots iA thru .4A inclusive R-2 RM-1
Lots 5A thru 12A inclusive R-lA R-1AA (Single Family)
Lots 32' thru 241 inclusive R-lA R'-IAA
78-B
Page 2. ORDINANCE NO. 7-68.
CLASSIFICATION
FROM TQ
Lots 242 thru 263 incluSive R~2 RM-1 (Muitiple. Family)
Lot 264 R-IA RM-1
Lots 265 thru 281 inclusive R-3 RM-1
Lots 28Z thru 374 inclusive R-lA R-1AA (Single Family)
Lots 375 thru 388 inclusiv~ R-IA RM-1 (Multiple Family)
Lots 389 thru 405 inclusive R-lA R-1AA (Single Family)
Lots 406 thru 419 inclusive R-iA RM-1 (Multiple Family)
Lots 420 thru 438 inclusive R-lA R-1AA (Single Family)
Lots 439 thru 452 inclusive R-lA RM-1 (Multiple Family)
Lots 453 thru 473 inclusive R-IA R-1AA (Single Family)
Lots 474 thru 487 inclusive R-lA RM-1 (Multiple Family)
Lot's 488 thru 500 inclusive R-lA R-1AA (Single Family)
Lots 501 thru 514 inclusive R-1AA RM-1 (Multiple Family)
Lots 515 thru 636 inclusive R-lA R-1AA (Single Family)
Lots 637 thru 679 inclusive R-lA RM-1 (Multiple FamilY)
Lots 680 thru 700 inclusive R-2 RM-1
Lots 701 thru 811 inclusive R-lA RM-1
Lots 812 thru 1090 inclusive R-1AA RM-1
Lots 1091 thru 1114 inclusive R-2 RM-1
Lots 1115 thru 1169 inclusive R-IAA RM-1
Lots 1170 thru 1172 inclusive R-2 RM-1
Lots 1173 thru 1181 inclusive R-2 C-2 (General Commercial)
Lots 1184 thru 1197 inclusive R-2 C-2
Lots 1198 thru 1202 inclusive R-1AA C-2
Lot 1203 R-2 C-2
LOts 1204 thru 1217 inclusive R-1AA C-2
Lots 1218 thru 1220~inclusive R-2 C-2
Lots 1221 thru 1231. inclusive R-1AA C-2
Lots 1232 thru 1242 incluSive R-2 C-2
Lots 1246 thru 1253 inclusive C-2 RM-1 (Multiple Family)
Lots 1254 thru 1272.inclusive R-2 RM-1
Lots 1273 thru 1286 inclusive R-lA RM-1
Lots 1287 thru 1294. inclusive ~R-2 RM-1
Lots 1295 thru 1314 inclusive R-1AA RM-1
Lots 1315 thru 1319 inclusive R-2 RM-1
Tracts A and B C-1 BM-1
Tract O R-lA
Tract P R-lA RM-1
Lot A C-1 C-2 (General Commercial)
Lots B, C. and D R-lA C-2
W½ of NE¼ of NW% of SE% P1.Bk. ,
1-4; also described as W~ of
Tract 3 in SE% of said Sec.
29-46-43 P1.Bk. 6-50. R-3 RM-1 (Multiple Family)
E½ of ~E% of NW% o~ SE¼ in
P1.Bk. 1-4; also 4escribed
as E½ of Tract 3 in SE% of
said sec. 29-46-43, P1.Bk. 6-50. C-3 RM-1 (Multiple Family)
~EC~ION 30, TOWNSHIP 46 SOUTH,.RANGE 43 EA~..
SE% of NE% of NE% lying South of
Germantown Road & East of SAL RR
less R/W of State Road No. 9. C-2 RM-1 (Multiple Family)
Page 3, ORDINANCE NO. 7-68.
Section 2. That the Building Inspector of said City of
Delray Beach shall, upon the ~ffective date of this Ordinance, change
the "Zoning Map of Delray Beach, Florida, 1960", to conform with the
provisions of Section I here6f.
PASSED in regular session on the second and final reading,
on this the 8th day of April , 1968.
/s/ J. L. Saunders MAYOR
ATTEST:
City Clerk
First Reading ...March !!,..1968.._.... .
Second Reading .$Pr~l'....~,. 1968 ......... _._
78-D
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS :15-3 and 15-4 OF THE CITY CODE.
CITY
OWNE~, ~NDu ADDRE SS P~OFE~ ,~T¥ .DE 8CRI P~ION CODE.
1. Marie J. Wells Lot 22, Sundy & Tenbrook 15-3
310 Washington Avenue Addition.
Delray Beach, Florida 33444 (402 S. W. 4th Avenue) 15-4
2. Earnestine Williams Strachan Lot 23, Sundy & Tenbrook 15-3
1I S. W. 6th Avenue, Apt. # 6. Addition. &
Delray Beach, Florida 35444 (406 S. W. 4th Avenue) 15-4
3. Harry A. & Betty Jane Redmon Vacant part Of LOt 27., 15-3
840 Pig Tree Lane Palmetto Square' ~ '
Plantation, Florida 33313 (33-35 N. W. 15th Avenue) 15-4
4. Ellen Bowe Lot 2, Block 3, 15-3
1821 N. W. 66th Street Atlantic Park Gardens &
Miami, Florida 33147 (105 S. W. 13th Avenue) 15-4
5. James Horace & Annie Merchant Lot 3, Block 3, 15-3
109 S. W. 13th Avenue Atlantic Park ~ardens &
Delray Beach, Florida 33444 (109 S. W. 13th Avenue) I5-4
6. Dr. Frank P. Strickler Lot 8 less West 25 ft. R/W 15-3
.-.417 Heyburn Bldg. & less that portion East of
,Louisville, Ky. 40202 State Road AIA, Block E, 15-4
Palm Beach Shore Acres.
(510 North Ocean Boulevard)
Violations 15-3 and 15-4 as concern this report are as follows:
1. 15-3 - Garden trash.
15-4 - High weeds and heavy undergrowt,h.
2. 15-3 - Garden trash..
15-4 -High weeds and heavy undergrowth~
3. 15-3 - Garden trash and ,loose lumber'and~metal.
15-4 - High weeds and h~avy undergrowth.
4. 15-3 - Garden trash.
15-4 - High weeds and someunderbrush,
15-3 - Garden.trash.
15-4 - High weeds and some undergrowth at rear of lot.
6. 15-3 - Garden trash.
· - 15-4 - High weeds and Some undergrowth on parts of lot.
Submitted to the City Council by the City Manager
on this 8th day of April, 1968.
78-E
RESOLUTION NO. 15-68.
.. A RESOLUTION OF THE CITY COUNCIL OF THE
,~ CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING PART OF THE PLAT OF THE SUBDI-
· ~ ~ VISION OF BLOCK 124 OF SAID CITY, TOGETHER
~ WITH THE NORTH-SOUTH SERVICE LANE; RESERVING,
" - HOW-EVER, THE EAST-WEST SERVICE LANE, SEWER
AND UTILITY EASEMENT AND SIDEWALK EASEMENT
(AFORESAID PLAT BEING RECORDED IN PLAT BOOK
. _ 18, PAGE 91, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA )
WHEREAS, the owners of Lots 1,·2,3,4,'5,6,7,8, and
.9 of the SubdiviSion of Block 124, according to the plat thereof
recorded in the office of the clerk of the Circuit Court, in
.... :~ : . . and for Palm Beach County, Florida, in Plat BoOk 18, page 91,
have petitioned the City Council of the City of Delray Beach
to abandon a portion of the plat and return it to acreage;
and
'WHEREAS, the service lanes or easements in the said
part of the subdivision and plat have never been opened, de-
veloped, employed or used in any manner whatsoever except the
sidewalk located along the easterly edge thereof has been opened
and is in use; and
WHEREAS, the owners desire the vacation of the above
· described portion of said plat and lanes and easement so that
the property may'-be sold in its entirety and developed by a
purchaser in accordance with its own plans; and it is deemed'
to be in the best interests of the city of Delray Beach to
vacate that portion of said plat excepting the sidewalk, sewer
and utility easement, and east-west service lane as hereinafter
described;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That pursuant to Section 7, Paragraph 3 of the Char-
ter of the City of Delray Beach, Florida, we hereby declare the
following part of the Plat of the Subdivision of Block 124 of
the City of Delray Beach, Florida, as recorded in Plat Book
18, page 91, of the public records of Palm Beach County, Florida,
to be vacated and abandoned:
Lots 1,2,3,4,5,6,7,8, and 9 of Subdivision
of Block 124 of Delray Beach, Florida, as per
78-F
plat thereof recorded in the office of the
clerk of the circuit court in and for palm
~ BeaCh county, Florida, 'in Plat Book 18,
page 91, including the north-south service
lane shown thereon;
PROVIDED, HOWEVER, noth',.Ang contained in this Resolution shall
be dee~ed or construed as vacating the sidewalk right-of-way
running north and south along the easterly five feet of said
Block 124, or the ten-foot easement for sewers and other public
utilities running east-west and being 1°cated five feet north
of and five feet south of the south line
124, or that part of the service lane sh°wn on said' plat
east-west lying south of the south line'of Lot 6 of said
124 as extended west to the east right-of-way line of Northeast
Seventh Avenue, Delray Beach' Florida.
PASSED AND ADOPTED in Regular session this the 8,~h
lp~il~
day of~
. . Mayor
ATTEST:
- city Clerk