04-22-68 APRIL 22, 1968.
A regular meeting of'the City Council of Deiray Beach was held in
the Council Chambers at 8=00 P.M., with Mayor J. L. Saunders in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Ada~s,
and Councilmen James H. Jurney, LeRoy W. Merritt, James B. Wilson and
O. F. Youngblood, being present.
1. An opening prayer was delivered by Dr. Frederic F. Bush, Jr.
2. The Pledge of Allegiance to the Flag of the United States of'
America wasgiven.
3. The minutes of the regular Council meeting of April 8th, 1968,
were unanimously aPProved, on motion by Mr. Jurney and seconded by
Mr. Merritt.
4. City ~lerk Worthing informed Council that on April 14th, 1958, the
City of Delray Beach was declared a Bird sanctuary, by the adoption
of Ordinance No. Gm286. Further, Mrs. Harry Gerquist and Mrs. Graham
King, Jr., are present this evening and desire to submit to Council a
model Bird Sanctuary Sign which they propose and request Council ap-
proval to locate at strategic points of entry to the City of Delray
Beach.
Mrs. King talked about the beauty and usefulness of birds, and said
the Federated Garden Clubs worked very closely for many years with the
AudUbon Society, and through that association the Garden Study Club of
Delray Beach bec~ interested'inDelrayBeach being proclaimed a Bird
Sanctuary, which was done on April 14th, 1958, and makes it unlaWful
for any person t° trap, shOot,'hunt' Or molest'any bird or wild fowl in
any manner. She reported that the six original Bird Sanctuary signs
presented to Council by the Garden Study Club, and installed at the
entrances tO'the City, have been destroyed. Further, the President's
Parley of Garden Clubs have purchased six more Bird Sanctuary signs
for presentation to the City Councilat this time, and suggest that
they be installed at the north and South City limits on U. S. No. 1,
the north and South City limits on AiA, at the City limits on West
Atlantic Avenue and at the corner of Seacrest Boulevard and North 22nd
Street.
Mrs. King reported that former Governor Farris Bryant had signed
a proclamation designatingMay 1st of each year as State Bird Day in
Florida, and informed CounCil it is the suggestion of the President's
Parley that these six new Bird Sanctuary signs be installed at the
Various locations on MaY 1st in observance of State Bird Day in Florida.
5. Mr. Wilson reported thatMr. Floyd Hurlbert, 250 Gleason Street,
asks that the City give consideration to the installation of a street
light on Bay Street between Venetian DriVe and Gleason Street.
5. Mr. Wilson asked that Mr. Ed. Schmidt report to Council concerning
an item brought to his attention.
Mr. Schmidt informed Council that during walks at the Beach on
Sundays, particularly during the season, with visitors, the condition
of litter On the beach near the pavilion, and language of some of the
young people, is disgraceful. He said he feels Lt would be in the best
interest of the City if a policemanwas stationed at the pavilion~ to
see that order is maintained there a~the olde= people cannot sit at
the pavilion on a Sunday afternoon under existLng co~ditions.
Mayor Saunders asked that the City Manager contact the Chief of
~Oli=e and see that said matter is taken care of.
5. Mr. Youngblood informed Council he had received a complaint from
Mrs. Ethel Ba~s and Mrs. Lottie. Turner, residents of S. W. 3rd Street,
concerning friction at the newly developed baseball field in that area,
and that they had asked what restrictions and.limitations are in ef-
fect at that area with respect to all children using .thUmp ark. ~9
80
Mayor S~unders said this should be brought to the attention of Mr.
Elliott, the Recreational Director, and asked that Mr. ¥oungblood
give Mr. Elliott a full report of this complaint.
6.a. The request..by,the Plumosa Ktndergarten~and .Nursery School of
the Primitive Baptist Church for use of the Community Center gymna-
sium for its graduation program Fridayi May l?,th, from 6=00 to 9=00
P.M., was unanimously granted, on the' recommendation of the City
Manager and concurred .in by the Director of Recreation, on motion by
Mr. Merritt and seconded by Mr. Wilson.
6.b. Concerning application for Certificate of Public Convenience,
the City Manager reported that in compliance with Section 26-7 of the
Code of Ordinances, and directive of Council, a public hearing has
been scheduled to be he~d at this time-on the application of Mr.
Lemuel J. Robinson for permit to operate a taxicab.
There being no objections concerning said application, Mr. Jurney
move~ to grant Mr. Robinson a permit to operate a taxicab in the
City of Delray Beach, the motion being seconded by Mr. Youngbloo~.
Following assurance by the City Clerk that the applicant had met all
requirements of the application, the motion carried unanimously.
6.c. Concerning dedication of Lot N, Tropic Palms S/D, to the City,
~ityManager Gatchel reported as follows=
"The administration has for some.,time desired to obtain the dedi-
cation of ,Lot N, Tropic Palms Subdivision., to aid in redesigning the
entrance of Lindell Boulevard from South Federal Highway in order .to
eliminate the great h~zard ~which now exists at that point, per sketch
attached, t~ ~he agenda.
The owner of,aaid Lot N, First Federal~$avings &Loan Association
of Miami, has now ma~e this possible by dedicating Lot N to the City
with the understanding that all of the work, including landscaping,
future maintenance of said, Linde11 Boulevard, ,,including the median
strip from U.~S. No. i to the F. E., C. RailwaY:'s right-of-way, be
the. responsibility of, ~he City.
This is Qonsidered of great benefit, to the welfare of the City,
and of particular importance, safety-wise,-to traffic conditions at
the main entrance to a potential large developed, area, and, therefore,
it is recommended that this dedication be accepted"
The City Manager pointed out that if the city accepts said Lot N,
contact will. then be made with the State Road Department in getting
the proper cross-over from the. north-bound lane of Federal Highway
to have proper ingress and egress of traffic, and that a good portion
of said triangular parcel would be paved, leaving some of the area to
be maintained by the Parks Department.
Following discussion, Mr. Jurney moved that the most gracious
offer of the First Federal Savings & Loan Association in dedication
of LOt N, Tropic Palms to the City, be accepted, the motion being
seconded by Mr. Merritt and unanimously carried.
6.d. Regarding an application for telephone solicitations permit,
City Manager Gatchel reported to Council as follows:
"Olan Mills Studios. Inc. of Tennessee request permission to solicit,
by.phone communication, the opportunity of rendering service to the
public through the medium of photographing individuals or groups for
family portraits.
In compliance with Ordinance No. G-551, Section 18-23, the operators
or telephone'solicitators must, at the beginning of each telephone
solicitation message, state to the recipient of .such telephone call -
"This is a telephone solicitation". There follows the text of the
telephone solicitor's message:
. . Solicitqr's 9~me ) _. with Olan Mills
'Hello - This is ( .....
Studios. Our photographer will be here in Delray at the
American Legion Post 65 on . (dat~) _ between the hours of
and .~
81
We are: offering 'two S:-x 10' s :o. ne .!l x' 14 'black' and
white portriats, f°r' ~"95'~. One"of the' sittings' maY be
a family group (limit 5) at n°. additional Charge.' "
Subject to COunc.il~ being. satisfied wit~ the telepho,e~ solicitor's
message', an~ w~ the understanding an~ agreement that any Olan Mills
represe,~t~%es: =a~li"g-o" hOmeS shall have obta~ne~ I~entif~cation
Cards, and that all operations of the Company shall be in compliance
with all conditions aha retirements as set forth in Solicitors Or~i-
nance No. G-SSl, permit, as.re~ested, may be granted...
Merrxtt saxd been a desire of the Cha er of Commerce
for manY,~YearS t~~ '~' :' '
entxre~y eliminat~ telephone solicitations within
the City, an~ if this permit is granted feels 'it may be setting a
precedent. ~ ........ ~ ~.
Miss conni~ Craig, a represen~tive of Olan Mills Studios Inc.,
~nformed Council that auring the 9ast five years, since she has been
with that company, ~ey have sol~ic~te~ in this area by telephone, an~
that theY hire local help for making said ~lls an~ for delivery. She
displayed c~rent °ccupationaI. licenses from the County of' Palm ~ach
and the City of Boston Beach.
The City Attorney explained ~at Ordinance No~. G-551 was drafted
an~ formUlatea in~'Cooperation wi~ the Cha~er of Co~rce, and if
council' approves the message planne~ to be use~," ~e~ w~ld be
compliance with the existing ordinance regarding telephone solicita-
~e City Clerk:uommented as follows: "In ref~renu~ ~o a license,
'they wil~l OPerat~ ~der an' obtain~ occupational license in. the C~ty
of ~Delra~ ~ach~by virtue ~ o~f the ~ac~ that ~it appears from ;~e evi-
dence s~it~ ~ their representative here this evening -that there
is no object, ion:to ~it~ ~e 'reason they have not pa~-in~ot~r years
is because it has become a legal matter an~ has ~n ~11~1Y
that. they ~ere not' s~ject to suuh.~ ,This countera=ts ~.-~Such action,
an~ I may assure, you they 'w~ll ~ ,licensed ~fore the~ :op~ for bUsi-
ness in th'~s City hereafter
It was pointe~ out there is a list maintaine~ in the. ~offi~ ~of the
tax collector 'of persons not wishing to be solicited by telephone.
Mr. yo~IOo~ moVed tha~~, Said~ p~rmit :to solicit by t~le~hone
· :~ran~ed,: b~:~the motion d~e~:.:for ~e ?l~ck~Of::a.~ se=~n~·
" The city Attorney cautiOned Counc~'l.:~at '~t. uoUl~' ~'n~
limi~: busi~n~ss: to people that live he;=e the :~year
~.' -WiIsO~:~,moved that Ord'inan~ce No', G-551 be consiaer~
early work~h~ meeting in a~ attempt ~to amen~ same, ~e motion be:~g
seconded by ~. Jurney, an~ unanimously carrie~. .~ ~.
~. ~Merri~t~ mov~ that ~this matter.be tabled.mnt~ .~e ~uncil can
fol~lOw thrOUgh~ on ~the motion just pa~sed. The motion was secon~e~ by
'~. Jurney an~: Carried unanimously,~.:.
7~.a. City Clerk Worthing read the ~'fol'lowing:~, Resolution' adopted on
March 23rd, !968, by ~e ~oard of P~lic ~tru~ion~i.o~f Palm Beaoh
County, signed by its ~air~n A. D. Thorp, and 'its SuPerintendent
Robert W. Fulton:
~AS., the City of ~lray Beach presently ~s u~er~.uon-
sideration the matter ~-approving :plans for ~e 4eveAo~ent
of a s~ivi.sion upon which it ~pr~osed to constrmct some
3,000 homes:~-:within the next two to three years, and .
~E~AS, students 'who will be living~ in sai~ subdivision
ma~y be confronte~ with dangerous .a~d~ hazar4~us walkin~ ~on-
:ditions in going ~to and from existing-schools by.reason, of
:~he~ ~ocation:t. hereof, and ~ ~.
~AS, this Board deems it necessary a~d~. advisable
provision be made in said s~diviSion planning for school sites
at suitable ~ations ~o-b~ ~4e~.~ine4 i~n c~sultati~n with the
County Super~n~dent of ~Schools. and :me,ers of.his a~mi~istra-
-3- 4-22~68
09
NOW, THEREFORE, BE IT ~SOLVED BY THE BOARD OF PUBLIC
INSTRUCTION OF PAI~M BEACH COUNTY, FLORIDA, that this
resolution shall be presented ~o the' Cit-~. Manager, the
Mayor, and officials of the City of Delray Beach charged
with al~proval of said subaiv~sion plan with a request for
cor~ideration and appropriate action in accordance there-
with.
~ ADOPTED this 25th day. of March, 1968.
THE BOARD OF PUBLIC INSTRUCTION
OF pALM BEACH COUNTY, FLORIDA
By . /S/_ A... D. ThorD
Its ..... Chai an ' ' '
ATTEST ~
By.. /S/_ Robert W, Fulton ......
~ -(SEAL) Its Superintendent
The City Clerk ~in£ormed Council that .the Director of Planning has
been, and is in. contact with a member of .the School Board staff on
this matter.
Mr. Abbott reported that the Palm Beach County Board of Public
Instr~ction is waiting for some things to be straightened out with
the Department of~ Health, Education and Welfare before they will be ~n
a position to let the City know what they feel is neces, sar~. Also,
he ~s aware of what Mr. Dan Stout, who is in char.ge o~ ;s~h~ol planning,
feels is necessary and at the. present, there is no. problem with the
develol~nent ~n ~the south part of town.
Mr. Merritt suggested the City Administration write to Dr.
Thorp info~m~g him that the C~.ty is aware.of the .Reeo~ut~.o~, that
~s being considered, and the City will do everything ~ssible in
g a~d to, satd,-:plann lng.
7.b. -The ~City Clerk informed COuncil o~ a petition hav~r~g been re-
ceived requesting rezoning from R-lA to C-2 General Commercial District
of Lots 14 & 1~, .replat o~ part of lots 2 and $, Block 1, Model Land
Company's S/D in ~he west half of Section 21-46-43~ £t~rther,. Council
may deny this request or refer s~me to the Planning and Zoning
for a public hearing to be held thereon, and a recon~enclat£on to be
furnished Council.
Mr, Merr~'tt ~oved that said ~etition be referred to the Planning
and Zoning Board for a public hearing, and also for said Board to
consider and keep in mind.the extension of the road that runs approx-
imately half a block in length, but should, he thinks, connect with
?th Street sometime, and they should allow for the right-Of-way if
at al! l~ossible. The ~otion was secor~dea by Mr. J~r~ey and carried
unanimously.
7.c. City Clerk Worthing informed Council that Mr. Anthony Holliday,
Br.' has su~mitted a cash 'offer in the form., of a base b~ for Lots
thru ~2', Block 40,. lying south of his home on S. W. 4th Avenue.
Further, aS 'provided in Article ii, Section ? of the City's Charter,
Council may decline interest in dispos&l of said property, or direct
the City clerk to follow ~rocedure as set forth in the Char~er.
Mayor Saunders suggested this item be tabled for consideration at a
workshop meeting to determine whether or not the City desires to sell
that property. It was so moved by Mr. Jurney, seconded by Mr. Merritt
and unanimously carried.
?.d. The City Clerk reminded Council that.on .March 11th, 1968, Mr.
R. O. Priest had been requested to provide a P~ot plan with indicated
setbacks and any other available data c~cerntng his petition to
-4- 4-22-68
83
Council. for .privilege of 'locating an office 'building on' the southwest
-corner of West Atlantic and-CongreSs Avenues,
Mr. Priest presented said plot plan, also a survey, ~and s&i-d that
all the proposed setbacks meet all the requirements of~ the City for
the C-2 zone.
The City Clerk informed Council that the records of the office of
the Clerk of the Circuit Court of Palm Beach County reflect that there
is a case pending in court to confirm and determine the ownership of
the property on which Mr. Priest's building ,is located, and suggested
Council defer further action on this item until that matter has been
clarified or at least until the next Council meeting.
Mayor Saunders said that inasmuch as the Council has just-received
the plot plan and desire to look .it over, also to receive a recom-
mendation from the City Administration that had been requested on this
item, said' item would be schedvled for the next Council meeting.
8.a. City Clerk Worthing presented ORDINANCE NO. 9-68.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, IN PALM BEACH C0~¥ FLORIDA, A-
MENDING CHAPTER '17- (OFFENSES) OF THE CODE OF
ORDINANCES, CITY OF DELRAY BEACH, FLORIDA, BY
ADDING THERETO A NEW SECTION 17:-20.1~ (INDUSTRI-
AL AND MANUFACT~ING ESTABLISBMENTS -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'. BETWEEN THE HOURS OF 10 O ' CL'OCK P, M; AND
7 O'CLOCK A.M. IN SUCH MANNER THAT THE NO~SE
MAY DISTURB THE PEACE' WITHIN ANY RESIDENTIAL
AREA OF ~'SAID CITY~;. I~tOV~DING~FOR A" PENALTY
CLAUSE ;' RSP~G ~ALL~: .ORDINANCES IN CONFLICT
HEREWITH~ PROV'~'D~IN~~ .FOR~ 'AN" EFFECTIVE DATE ~
AUTHORITY TO CODIFY; FOR A SAVINGS-CLAUSE;
AND FOR OTHER PURPOSES.
(Co~y of Ordinance No.. 9-68 is attached to the official copy of
these- minutes. ) See pa~e 9~A. -'
Mr. M. M. Parker, Superintendent for the Florida East Coast Rail-
way from Miami, opposed passage of said. "Ordinance. He agreed that
their piggy-back operation in the City had in the past made objection-
able noise,-but~ feels they have now corrected that situation.
Mr. Ralph Matthews, an attorney from Atl'anta, Georgia. representing
Terminal Transport Co. Inc. ~ als~ Mr. 'Dick Nowicki, Terminal Manager
and Mr. Charles Dunevant, Regional Manager [rom Miami. of Mercury Motor
:.Express, Inc., said they were unaware of complaints about the opera-
tion of those businesses in Delray Beach, and asked Counci'l consider-
ation in not passing Ordinance No. 9-68 as it could greatly c~urtail
the trucking industry and 'could delay: receipt of goods needed, by the
local merchants as well .as other customers.
Attorney Fred Hollingsworth, reprsenting Mrs. Georgia Lapham,
formed Council that he feels there is a need for such a notS~ ordinance
in Delray Beach and if a noise problem does arise, the ordinance can
be enforced.
Mr. Howard Wharton and Mr. Ray Browning, residents near a com-
mercial area of the City, spoke i~ favor of-Ord:in~nce .No.
Attorney Ralph Matthews said there may be a,.need for such a noise
ordinance and suggested that .Council consider some safeguard in order
that the businesses would have something to guide them in the defini-
tion o[ no~se as concerns this ordinance.
-5,- 4-22-68
Mr. Charles Dunevant of Mercury Motor Express, Inc., said that some
'n
of the cities, in this state and ~ ma~y .statem. are seriously consider-
ing having the trucking companies and delivery companies make their
deliveries at night in order to keep that traffic off the streets
dtlring .the day. Further, the night and-day .operation of their com-
pany has resulted in faster service and less cost to their customers,
~and asked that the proposed ordinance be caref~ly considered.
Following .the ipublic hearing on said ordinance, Mr. Merritt said
the~City is happy to have Mercury Motors, FlOrida East Coast Railway,
Terminal Transport, and all the other businesses, as they do render
.a tremendous service to the merchants and people of this area. He
pointed out that ~said ordinance does not prohibit work being carried
on during the night, but does prohibit it being carried on in..such
a ~maru%er that the ~ise of such activity may disturb the peace within
any res£dentfal area of the City.
Following conuaents by the Mayor and other Councilmen, Mr.
moved that Ordinance No.' 9-68 be passed on this second and final
reading. The motion was seconded by Mr. Wilson and carried unanimous-
X. Mrs. Graham W. K~ng, Jr. and Mr.. Nathan Sharp, residents on North
Swinton Avenue, complained of the noise and disturbance from speeding
cars and noisy mufflers.
The City .Attorney reported there is an existing ordinance concern-
ing vehicl~ operated in an unlawful or noisy manner.
8.b. City Clerk Worthing presented ORDINANCE NO. 10-68.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA., AMENDING CHAPTER 29, CODE OF ORDI-
NANCES, 'BY ADDING PROVISIONS PERTAINING TO
REGULATION O~ .VETEII '-.~NARY CL~NICS'~ AND PRO~
VIDING A PENALTY FOR VIOLATION~ THEREOF.
(Copy of Ordinance.No. 10-68: is. attached to the official copy of
these m~nutes.) See page 90-B.
~ There being no objection to Ordinance No. 10~68, said Ordinance
was unanimously passed an~ adopte~ on this second and final reading,
on motion by Mr. YoungblOod and seconded by Mr. Wilson.
8.c..The City Clerk presented ORDINANCE NO. 11-68.
AN ORDINANCE· OF 'THE CITY OF D~LRAY BEACH,' FLORIDA,
AMENDING CHAPTER 14A, GARBAGE, TRASH AND WEEDS, OF
THE CODE OF ORDINANCES, SECTION '14A-1 DEPINITIONS,
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.
. (Copy .of Ordinance No. "1~-68, 'as. ~unended~ is atta~he~'- to~the of-
f~c&al copy of these minutes.) .See pages 90-C-D.
City Attorney Adams suggested two minor amendments to the Ordinance
that. he said would not substantially change it and sa. id ordinance
could still be acted on tonight.
,One amendment being the elimination of the last sentence from
subsection {b) as ~ollows: "Persons owning or occupying property
shall.keep the sidewalk in front of their premises free of litter."
He said the question had been raised by a Councilman as to whether
that would impose a duty on a private citizen to keep a public walk
in front of their property free of litter, and said he feels most
owners would =~ear the sidewalk in front of the£r ~remises.
Further, the second proposed amendment was brought up by the City
Engineer concerning subparagraph (e) as follows: "Litter on. occupied
private property. No person shall throw or :deposi2 litter on any un-
occupied private property w~thin the City, whether owned by such per-
/. q -6- 4-- 22-68
son 'or not, except that the o~ner _or person in control of private
property may maintain authorized private receptacles. £or collection
in such a manner that l~tter will be prevented from being carried or
deposited by the elements upon any street, sidewalk or other public
place or upon any private property."
The City Attorney proposed that subparag=aph ih) be amended to read
as follows~ "Litter on occupied private property. No person shall
throw or deposit litter on any occupied private property within the
City, whether owned by such person or not, except that the owner or
person in control of private property may deposit such household
trash or litter in des£gllated areas of said private property for col-
lection as provided elsewhere in this Code."
There being no objection to said Or~inance, Mr~. Wilson moved that
Ordinance No. 11-68, amended as proposed by the City Attorney, be
passed and adopted on this second and final reading. The motion was
seconded by Mr. Jurney and carried unanimously.
X. Some residents of ~he ~atnbow Homes a~ea complained o£ the city
Sanitary land fill being utosed of evenings a~d on weekends when those
hours happen to be the only t~me they have to do their clea~ing and
yard work and dispose of ~he debris.
The City Manager reported that the sanitary land fill is open until
5 P.M. during £ive days of the week and until noon on Saturday, but
closed at other hours to prevent the unauthorized entry, scavengery,
etc., and that the City tries to maintain a controlled dumping area
which, would be very difficult if it was left open.
Mayor Saunders asked if it would be an inconvenience or an undue
hardship on the City to.' keep the land fill ope.n until 6~00 P.M..every
day and the City Manager said it would require rearrangement of
schedules and possLble payment of some. overtime.
Mayor Saunders asked that this matter be 'investigated by the Adminish
tration with the thought of said land fill being kept open longer.
8.d. The C~ty Clerk presented ORDINANCE NO. 12-66.
AN ORDINANCE OF THE CI"~Y COUNCI~ OF THE
CITY OF DELRAY BEACH, FLORIDA, REZ~NING
AND PLACING THE SOUTH 100 FEET OF LOTS
23 THROUGH 33 LESS THE WEST 20 FEET
THEREOF, ASBURY PARK HEIGHTS, DELRAY
BEACH, FLORIDA, IN "R-3' MULTIPLE FAMILY
DWELLING DISTRICT", AND A~f~--NDING
MAP OF DELRAY BEACH, FLOI~IDA,
Ordinance No. 12-68 was unanimously placed on first reading, on
motion'by Mr. Jurney and seconded by Mr. Youngblood,
8.e, City. Clerk Worthing presented ORDINANCE NO. 13-68.
AN. ORDINANCE.~0F THE CITy¥ COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA,
AND PLACING A PORTION OF LOT 13, SBCTION
20, TOWNSHIP 46 $OU~H, RANGE ~.43 EAST~
ALSO PLAT NO. 3. OF SOUTHRIDGE, D~RAY
~EACH, FLORIDA, IN "C-2 GENERAL
CIAL' DISTRICT", AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1960".
Mr. Merritt said that others are aware of his feeling regarding
zoning on Swinton Avenue and mentioned a request ~rom the Planning
and Zoning Board, that accompanied the agenda, to make a commercial
deve~olx~ent study. He then moved that the recl~est from the Planning
and Zoning Board be granted, and that Ordinance No. 13-68. be tabled
subject to the outcome of their study. The motion died for the lack
of a second.
-7- 4-22-68
Mr, Jurney moved that Ordinance No. 13-68 be placed on first read-
ing, the motion being ~econae~ by Mr. wilson. -U~on call of roll, Mr.
Jurney, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor
of the motion :. and'. Mr,: Merritt .~was .opposed .' ·
9.a. The City Clerk informed CounCiI ~hat ih'February several offers
to sell certain 1aDds t the?CLty for possible present and future
parking, lot sites had been recei{~ed and referred. t° the Traffic and
Parking Committee for review and reco~;~e~dation. He then read the
following minutes of the April 19th, 1968, Traffic and Parking Com-
mittee meeting signed by LeRoy W. Merritt, "Chairman=
"Considerable discussion was held cOncerning the four
property proposals referred to this committee by the
City Council;
A motion was made by Mr. Kabler recommanding to the
Council that they immediately initiate negotiations and
give serious consideration to the purchase of the Bon
Aire Hotel propertY and the Arvida property to provide for
present and futur~ downtown parking and, subject to the
purchase of this propert~, that proper beautification be
incorporated in the parking design to enhance 'the appearance
of Atlantic Avenue. The motion was seconded by Mr. Croft
and carried.
The committee discussed the ov~er-all park-i~g' s.ituation
in th6 City for both present alld .future needs an~ ~ was
agreed to expan~ the preceding' motion to include the Seacrest
Hotel prOperty, 'the Kentucky Hous~ property and the Delray
Beach Elementary School property, in an effort to. avoid what
has happened to sUch business districts as .clematis Street
in West Palm Beach1.
The Butler Mercantile prOperty and the Ethel Williams
property were discussed with no action being taken."
Mr. Merritt said he underStands that Said Committee desires COuncil
to appoint someone to nego..tiate on behalf of the City, initially on
the Bon Aire H°tel, ~and Arvida properties, 'with consideration given
to the other parcels. .F~rther, if the citY can' then feasibly do
something about the purchas, e, it would be given'more serious consider-
ation. ' '
Mr. Wilson suggested that in negotiating a price, the feasibility
of a ~lease be considered"and Mr. Merrett Suggested that such a lease
should be considered with option to purchase.
Mayor Saunders suggested that the COuncil accept the report of
the Traffic and .Parking Committee, and that Mr. Merritt be appointed
as a CoUncil r'epresentative tO negotiate with said 'property owners
and make a report to COuncil on same. It was so' moved by Mr, Jttr~ey,
seconded by Mr. Wilson and unanim0usly' carried.
9.b. Concerning site Plan approval for Tropic Harbor Development, the
City Clerk presented the ~ollOWing planning and Zoning Board report,
dated April 17th, 1968:
"On April 16th, 1968:, a Public ~Hearing waS.held in
City Hall at 4=0'0 P.'M~, cons'ider[ng a ~et~tion re-
questing S~te..Plan Approval in RM-1 ~Multiple Family
Dwelling District) on the following described prOperty~
Lots M-8, M-9~ 490' 491, 492&" 493,
494, '495, 496 and 497, 4th Section
of Tropic Isle Subdivision, Delray
Beach, per Plat Book 25, Page 70,
Public RecOrds of Palm Beach County,
Florida.
-8- 4-22-68
One person, Mrs. John B. Miller, appeared in objection
to four stories in' he. ight and ant~cipated'traff.ic congestion.
The Planning and Zoning Board voted unanimously to
grant the special exception· which is in compliance with
· Section 29-7.5% of the Delray Beach Zoning code with the
following exceptions which remain 'subject .to final con-
s ideration:
(1) Covered· parking setback requirements 'on Spanish
Recreation Building No 2's setback requirements on
Spanish Trail."
Following explanation by the Director of Planning, Zoning a~td In-
spection of the last two items in said report, and discussion by
Council and the City Attorney, Mr. Wilson moved that the petition be
granted as requested and as outlined, subject to final consideration
of the two exceptions, The motion was seconded by Mr. Youngblood
and carried unanimously.
9.c. Regarding a petition for rezoning, the following Planning and
Zoning 'Board report, dated April 18th, 1968, was. presented:
"At a regular meeting of the Planning and Zoning Board-held
at 4=00 P.M., on April 16th, 1968, in City Hall, *the Board
voted unanimously to recommend to the Council that, the, petition
for rezoning from R-1AA to RM-1, on the 'following
Property
Lots '17 and 18, Del-Harbour Subdivision,, :.
be denimd on the basis that~
(1) Such" a change of zoning w0Uld be a detriment to
the .h{.ghest and best use of the general area.
(2) There is no. evidence that the character of the
area has been so changed since the existing
zoning was enacted that the public health, wel-
fare and safety.would necessarily be promoted
by sustaining the petition.
A Public Hearing was held on January 16th, i968~ con-
Sidering a petition for rezoning from R-1AA to R-3. The
Board recommended the petition be denied. The petition was
then changed from R-3 to RM-1 and again referred to the
Board on March 2§th, 1968 by the-City Council."
Following comments, Mr. Wilson moved that this item be tabled un-
til the next Council meeting ~in order that Council may have the
portunity to learn more about the whole situation.
Mr. Jurney said that inasmuch as he is the petitioner he 'does not
want 2o subject any member ~of-the Council or Administration to-any
adverse publicity, and asked that the petition be denied as recom-
mended by 'the Planning and Zoning Board, but said that 'he could not
see where such a change of zoning W°uld be a detriment to: the highest
and best use of the general area, sand explained his reasons for that
feeling. He suggested that the Council and Planning and Zoning Board
have more joint meetings as he feels there' has been a lack of com-
municati0n between them.
During discussion, Mr. Wilson withdrew h~s mo2ion.
Mr. Jut_ney moved that Council accept withdrawal of his.. petition for
rezoning of sa~d property. The 'motion was seconded by Mr. Wilson and
carried unanimously,
9.d. Concerning a petition for rezoning from R-1AA to' R-3 of LOt
Del-Harbour. S/D, the Planning and zoning ~Board report; dated April
18th, 1968, recommended the denial of ~.~d petition on the same basis
-9- 4-22-68
that they recommend, ed the .denial of the ~rezofl~ng..of Lots .17, and 18,
Del-Harbour S/D. ~ . ' .-. '~
Mr. Jurney. moved that this i:tem be tabled v/l~ ti1 the next meeting,
and in the meant~e~ the petitioner be asked if he wishes..to withdraw
said petition. ':: The .motion was seconded by Mr, Wilson and~ carried
unanimous ly.
The City Clerk was asked..~to, contact, said petitioner, and it was
pointed out that where any application for rezoning has been denied
in a given year, one year must elapse from the date of application
before another application for the rezoning of said lot or lots can
be made.
9..e. Concerning a petition .for rezoning of Lots 28 thru 44, Del-
Harbour S/D. from R-1AA to R-3, the Planning and~ .Zoning Board report
of April 18th, 1968, recommended the denial of said petition on the
same basis that'they.recommended denial of the rezoning of Lots 17
and 18, and Lot 2, of Del-Harbour S/D.
Mr. Merritt said he feels the same consideration should be given
this petition, and moved that this item be tabled until the next
Council meeting, the motion being seconded by Mr. Jurney and unani-
mous ly carried.
9.f. Regarding a petition for rezoning, the following Planning and
Zoning Board report, dated Apr~l 18th, 1968,. was presented:
"At a meeting on April 16th, 1968, at 4:00 P.M., the Board
voted unanimously that the petition for rezoning from R-1AA
and C-2 to RM-1, the following described property:
Lots 1 through 7 and Lots 12 through 19, Block 12;
Lot 12 less the North 75 feet, Block 1~ .and those
portions .of the North 75 feet of Lot 12, Block 1,
and Lots 8 through 11, Block 12, now zoned R-1AA,
all being in Osceola Park Subdivision, Delray
Beach, per Plat Book*.3, Page. 2, Public Records of
Palm Beach County, Florida, and all lees a~f existing
S. E. 6th Avenue, as well as Xntracoastal Waterway
r ight s-o f-way, ~
.. ' be granted.
This petition was cha~ged from R-3 to RM-1 with the consent ~
of the petitioners and the leg&l verif.ication of the City
Attorney.
Ara Public Hearing on March 19th, 1968, three persons
voiced objections to a change to R-3, Multiple Family Dwelt-ing
District."
Mr. Jurney moved to sustain the reconunendation of the Planning a~d
Zoning Board, the motion being seconded by Mr. Wilson and unanimously
carried.
10.a. Mr. Joseph A. MOst, Jr., representing a 'delegation of property
owners in the RainbowHomeS area, .informed Council this delegation is
present tonight in regard to the sanitary sewer system ~nst&llation
in their area.
He said they think that all the s~werlines have been installed and
possibly all that remains is the resurfacing of the streets,
Further, a trip to that area and inspection of the streets would
show the reason for complaints regarding damage to tires, and front
ends of automobiles becoming out of l~ne, also damage to lawns, shrubs,
screens, swi~nming.pools, furniture, etc. from the dust.
Mr.' Most said they are requesting that the'Council take action to
expedite the resurfacir~ of those streets, and would greatly appreciate
early action on this in order that their area :;',:..: ~.. may get back
to a normal existence.
The City Manager informed Council that the matter of =esurfacing
the streets is a responsibility of. the Consulting Engineers under a
&10- 4-22-68
contract with Dixie Asphalt Company and is normally conducted at one
time for the ent.ir~e project area. Further~ this is his first direct
contact concerning same and he would expedite the matter.
Mr. William ~owe11 asked, if~ the streets would be entirely resur-
faced or Just patched and the City Attorney said this-partiucular
contact would have to be checked to determine that point. Mr. X~w~11
also asked if the resodding and replanting would be done by the con-
tractor of the areas that had been. torn up'during construction, and
Mayor Saunders said the contract-would be looked into ~n that regard.
The City Manager was asked to investigate this matter during the
next day or two and inform Mr. Most as to when this work is expected
robe done so that he may inform the.other residents of that area.
10.a. Mr. C. Dingfield, a resident of the Rainbow Homes-area, com-
plained of the excessive speed and noise of trucks both loaded and
empty, also of cars and other-vehicles on South Congress Avenue, and
asked that this matter be investigated and something done about it.
10.b. At the request .of the City Manager, a workshop meeting was
scheduled for 8=00 P.M., Wednesday, April 24th.
t0.b. City Manager Gatchel reported that an invitation addressed to
the Mayor and Councilmen and their wives and guests had been received
from Mr. Elliott R. Donnelley, President of the Lantana Boat '.Yard, to
attend the launching of Ranger, the largest aluminum yacht ever. b~.ilt
in Florida, at the Lant-ana Boat Yard, 808 NOrth DiXie Highway, Lantana
at 2:30 P.M., Friday. '~
Further, if Councilmen would' inform his offiCe..£f::~hey plan to at-
ts~d, reservations would be made. for them. ''
10:b. The'City Manager reported that the material from. County Co~'
missioner GeOrge Warren, originally delivered' to the City, concerning
a.pr~' tax district for road improvement purposes, had been de-
livered to the' .Chamber of Commerce, and has' since then been returned
to the City. Further,. it is'his understanding that the Chamber
endorsed such a program but declined to be' the initiators .of the
petitions requesting the necessary number of signatures to place this
item on. the ballot for a referendum vote.
It was suggested that this item be discussed at the' workshop meet-
ing. we~esday .night. . ..
10.b. The City Manager informed Council that the Florida state City
Manager's Association meeting begins next Sunday, ~.April 28th and con-
tinues, thru Wednesday at Cocoa Beach,' and that he has been' assigned a
Part on the program. He requested Council's approval of his attendance
at that meeting, which was unanimously granted, on motion by Mr..
Merritt and seconded by Mr. Wilson.
k0.~b~o~m,e C~,t~.~-~e~k. presented the following request from the Saint Paul
A.M'~E.~-~ Church, 119 N. W. 5th Avenue, dated. April.'lSth, and sig~ed
by Rev. J. D. Edwards and Mr. Lens Brunnert
"We, the pastor and trustees of St. Paul A.M.E. Church,
would like to present for your consideration the paving
of the alley in the rear of our church. We feel that this
w~11 help to relieve the parking problem'due to our limited
facilities. Presently we are parallel parking on both
sides of Northwest Fifth Avenue. We found that this congests
the area and makes it dangerous to children and adults along
With those Who drive through t~is street during SUndaYs and
mid-week services,
Enclosed you will find a drawing indicating the complete
layout of our present conditions and facilities, and a sug-
gested _proposal which we feel will relieve the 'hazardous
condition. We will endeavor to explain:
~ll~
1. If the a~ley (whiCh is a sand bed) is paved,
we will have a ~trip 21 feet wide, 125 feet long,
from the ailey to the church, which we-will pave
for parkfng.
2.On the north s~ide o~ the church we have a drive
way. ·:
3.On ~e south side we,have a' strip 40 feet, by 60
feet'~/¢h we will 9ave for parking.
Any consideration given the church on paving this
alley will be greatly appret,'iated.
Your immediate' attention to this matter will be greatly
appreciated ~"
The City Clerk suggested this item be referred to the City Manager
for his study, and returned to Council with a recomendation if he
finds it to be warranted, which action was agreeable to Council.
10.c. City Clerk worthing presented BiIls for Approval as follows:
General Fund
Water Operating & Maintenance ~und 5',734.10
Water Revenue Fund 28 o 801.80
S~ecial AsseSsment ~nd 264.50
Refundable DepoS itS. Fund~ 2,319.99
Cigarette Tax F~n~. 35,075.00
Construction Loa~ Fund. 1,132.10
Sewer Construct.~io~~ T=~st FUn.~ 4, ~43,05
The bills wer~ u~animously ordered paid, on motion by Mr. "'-'
Youngblood: a~d' seconded by Mr. Merritt.
The meeting adjourned at 11:00 P.M.'
APPROVED = '~
7~/~u MAYOR I
-12- 4-22-68
90-A
ORDINANCE NO. 9-68.
AN ORDINANCE 'oFii,THE'.~'CITY COUNCIL 0F 'THE CITY-OF
DELRAy BEACH, iN PALM BEACH 'COUNTY' FLORIDA ;- A- ·
MENDING ~PTER 17 (OFFENSES)
ORDINANCES, CITY OP DELRAY BEACH, FLORIDA, BY
ADDING THERETO A NEW SECTION .17-20'1 (INDusTRI-
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 BETWEEN THE HOURS OF 10 O'CLOCK P.M. AND
7 O'CLOCK A.M. IN SUCH MANNER THAT T~E NOISE
MAY DISTURB THE PEACE WITHIN ANY R~SIDENTIAL
AREA OF SAID CITY; PROVIDING FOR A PENALTY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDIN~ FOR AN EFFECTIV~ DATE;
AUTHORITY TO CODIFY; FOR A SAVINGS cLAUSE;
AND FOR oTHER PURPOSES.
NOW THEREFORE BE IT ORDAINED BY TH~ CITY COUNCIL OF THE
GITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 17 (OffenSes) of the Code of
Ordinances, .City of Delray Beach, Florida, be, and it is here-
by amended by adding thereto a new section to be numbered
17-20.!, which said section shall read as follows:
"Section 17-20.1. Industrial and Manufactur-
· ing EStabliShme~'ts .... NoiSe
Prohibited from 10 o'clock
P.M. until 7 o'clock A.M.
It shall be unlawful to carry on within the
City any industrial or manufacturing operation
or commercial activity, inclUding loading or
unloading of goods, wares, produce or other
materials from or onto trucks or railroad cars
between the hours of 10 o'clock P.M. and 7'
o'clock A.M. in such manner that the noise of
such activity may disturb the peace within any
residential area of the City.
The provisions of this section shall not
apply to municipal garbage trucks perfo~ing
municipal sanitation services."
Section 2. Whoever shall violate the provisions of this
section, upon conviction thereof, shall be punished in accord-
ance with Section 1-6, Code of Ordinances of the City of Delray
Beach, Florida.
PASSED in regular session on the second and final reading
on 22nd day of April , 1968,
/S/~ J.' L. Saunders
A¥0R
ATTEST:
/S/ R. D. worthing ,~
City Clerk
First Reading April 8, 1968 Second ,Reading,. April 22 1968
. 96 '
ORDINANCE NO. 10-68.
~AN ORDINANCE OF THE C. IT¥ OF DELRAY BEACH, ~ ~
FLORIDA, -AMENDINe CHAPTER 29, CODE OF ORDI-
NANCES,, BY ADDING PROVISIONS PERTAINING TO
REG~TION OF VETERINARY:CLINICS AND PRO-
VIDING A PENALTY FOR '~:~IOLATI-ON THEREOF.
WHEREAS, the City Council of the City of Delray Beach, after due
consideration, believes the best interests of the City of Delray
v i '
Beach, Florida shall be served by regu atxng the location of veter-
inary clinics; and ~
WHE~S, the matter has been referred to the Planning and Zoning
Board for study and recommendation; and
WHEREAS, the Planning and Zoning Board, after investig~ati°n, has
recommended..that certain,,regulations be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA: ~..~ .
· SECTION 1. That the Code of Ordinances of the City of Delray
Beach, Florida,'be amended by adding, seutions to. read,as follows:
Sec. 29-1. Definitions.
(61) Veterinary Clinic. A clinic or hospital
facility for treatment of animals and pets
operated.by a licensed veterinarian.
Sec. 29-7.2.~C-2 Ggneral Commercial District. (A) USES PERMITTED
(33)Veterinary Clinics - by special, exception as
provided in Section 29-7.5%.
Sec. 29-7.3. C-3 Wholesale Distribution and Light
Industrial District.
(A) USES PEP~dI, TTED
(15)Veterinary Clinics - by special exception as
provided in Section
sec. 29-7.4. Parking and Loading Requirements.
(J) Veterinary Clinics: A parking area equal to
thirty ..(30) per cent of the total enclosed
or covered area.
SECTION 2. Any person, firm or corporation violating the pro-
visions of this ordinance shall, upon conviction, be punished in
accordance with Section 1-6, Code of Ordinances' of the City of Delray
Beach.
PASSED in regular session on the second and final reading on the
22nd day of April , 1968.
/S/ 'J. L. Saunders
MAYO'R
ATTEST:
/S/ R. D...Worthing City Clerk
First Reading April 8, 1968 Second Reading April 22, 1968
9O-C
ORI:)Xt~M~R NO.
AN OIU:)X~ OF THE CXTY OF D~RAY BEACH, FLO~XDA.
'~~, that 9e~ion l~wl of ~e C~e ot Ord~ml o~ ~the City
of ~lrmy ~meh, Florida, is here~ ~e~ ~ ~g m subsection,
to ~ n~~ (&'), ~tch maid ~ection rma~ as
~rd "litter' mhall me~ garbage ~d ~h am herein
de~tn~ a~ .shall also ma~ .all ~bbtwh .~d
BE IT ~~ ~~ ~a~ t~ ~de o~ ~dtn~cel of the City
of Delr.ay Be~h,:.FloridaE .il h~e~. ~d~ ~..~tnq a .section,
be n~er~ 14~9, ~tch saLd section rm~ U ~ollM~
X4A-9. ~itter~ '
(a) .Litter ~n'~bl~c places. '~o pe~lon ~hall thr~
or de--sit litter i~ or u~n ~y street, sid~alk or
other ~blic place with~ the City except in public
receptacles, in authorized ~rtvate~ receptacles ~or
~ilmetion, or in the o~icial Ci~ sanit~ i~d
fill ~eas.
(b) Sweep~q litte~ into Vu~ters .~ohibited.
s~eet, o~ ot~er public pla~ ~ithi~ ~e City
mec~ulatt~ o~ l~t~e~ ~ an~ ~Lldt~'o~ lot or
~rom any ~lic or private etd~lk or driv~.
(c) Litter thr~ bM ~rsonm in vehicles.
ps, won, while a dr~ver o~ pass,get in & vehicle.
shaXX ~ o~ de, sit lt'tter "u~n ~ s~t or
.... other ~blic place within the Ci~, or u~n
property,
(d) Litter in lakes ~d ~ountatns. No rlon shall
thr~ o~ de, sit liter in ~y ~o~n~a~, ~,
bay or ~y o~r:~ o~ wat~ in a park or
~i~in the City.
(e) Litter on ocli[ed priva2e pco~r~. ~ person
shall th~ or de, mit litter on ~y oe~pied private
p~p~ty within the City, ~ether ~ed ~ 8~h per-
~n or no~, e~e~ that ~he o~ o~ ~rsOn in con-
~ol oE private property may de~s~t sgc~ hoae~hold
~pe=~ for ~lX~tion a8 p=Ovt~ els~e in this
~dm.
90-D
(g) TruCk loads ~Ang litter. ~o person ehal~
drive or ~o~ a~ :truck or o~r vehiCle'w~ln ~t~e
CAtF ~le% s~ v~cle As so cons~ucted or ~ad~
as to Pre~n~'~:~Y i~d, ~ntent8 or
blo~ or 'deposit~ u~n any ltreet, al~Y OZ'~ other
(h~,~ For ~he putpoee o~ thLs section
~rs~, ~irm, partnership, assoc~tlofl,
~~y or orqa~zation of any
(i~::~ ~ ~r~n ~o violates ~he p~ovisions ',of thl~
as p~ovid~d tn ~ction 1-6 of ~e
of the City Of ~ay ~ach,
PASSSD ~n ~e~lar sessi~' ~ ~ secon~ and
22nd day of Apr it , -1968.
/S/.J.L.S..auD, d.ers
HA¥OR
ATTEST: