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04-10-67 APRIL !0, 1967. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the Chair, City Manager David M. Gatchel, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy W. Merritt and George Talbot, Jr., being present. ~. An opening prayer was delivered 'by the Rev. Byron S. Fruit. 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 27, 1967, were ~nanimously approved, on motion by Mr. Croft and seconded by Mr. J~rney. 4. City Clerk Worthing read a letter from M~. Leigh Dean, Editor of McGraw-Hill Book Company, Sated April 4, 1967, commending Mr. & Mrs. Charles Turber for their very fine work at the Delray Beach tennis courts. Mayor Avery asked that the City Manager, through channels, pass this letter of commendation on to Mr. & Mrs. Turber. 4. City Clerk Worthing read the following letter from Mr. D. R. Neff, of Russell &Axon Consulting Engineers, dated April 4th, 1967= ,"After ~O~r.:years of unof~ici&~_and official service to~ I= is'mY hope that the Council concurs in my feeling that I have generally fulfilled the obligations which I assumed ~when I undert09k the direction of Russell & Axon's work.in thi's ~re~. Since that time we have Completed $5,000,000. .worth of sewer construction, in .a manner Which .! .trust has irefie d =edit upo the City Council. z~ would have been impossible for me to carry out my duties without the know!.edge that I had the full backing .of the Cou:cii, and the City ad~.inistration, at all times. For this; I wish to express my deepest gratitude. My close association witA~the City council over the past~4 years'has given me a,~eep respect for'~he ,unsel~i~h . ,service 'and ~ount~ess ~OurS .of '~he ~daY and nigh6 Which they devote conscientiously to formulating the l~licy decisions that ~uide the course and development of this City. Mr. Miiton L. Hallman, Jr. will take my place as manager of the Delray Beach Office for' Russell & Axon. He has been ,thoroughly indoctrinated in the policies which have been developed and approved for carrying'out construction WOrk ~n Delray Beach. I tr~at that he will merit'the same support which ! have always been accorded. The recently-'authorized sewe~ constructionWork 'is well under' way. The first Co~tract w~ll'be bid on April 24,~ a~d the second contract is being/designed'in DAyto~a~ These projects will be carried out in StriCt accordance With.policies previously established.~y, the Council. I am a permanent resident of Delray Beach, and. wish ~o, assure, the Council.that .! stand ready.to assis~ them in 'any way that I may be needed in the future. Thank you a11, and your .ex,el.lent staff, for the coopera- tion and pleasant association"which I have enjoyed over the past,~ears." Mr. Talbot moved that'the city, present Mr, Neff with a ~ertificate of Appreciation for his se=vices to the City. The motion was seconded -1- 4=10-67 by Mr. Croft and carried unanimously. 4. Mayor Avery read a PKOCLAMATION proclaiming April 16th through 22nd, 1967, as NATIONAL LIBRAI~Y WEEK and asked that the press give this all the publicity l~oesible, 5. Mr. Croft called 'Council attention to the fact that there are no sidewalks on S. E. 3rd Avenue between 1st and 2nd Streets which makes a dangerous condition with as much traffic as there is on S. E. 3rd Avenue. He asked that the City Manager ascertain if there has ever been a sidewalk in ~hat block and if not that he explore the possibil- ity of a sidewalk being constructed there and on what basis. 5. Hr. Jurney said that inasmuch as corrective measures are being undertaken, some already concluded, relative to assuring the City of a satisfactory completed Adult Recreation Center, he would move that Change Order No. 1, in the a~ount of $818.67, affecting the contract of William Q.Hays Construction Company, be approved, it being under- stood a~d agreed that the retainage of $1,818.67, as established by Council at its last meeting, shall continue until acceptance of the project, The motion was seconded by Mr. Nerritt and carried unanimously. 5. Mr. Jurney moved that a bill be presented to the Legislature that the owner of a co-op apartment, who otherwise qualifies, be eligible to run for a public office the same as a real property holder. The motion was seconded by Mr. TalbOt. During discus.sion, City Attorney Adams said that the bill would have to be in its final form and advertised at least a month before introduction, and if it is Council desire to instruct him to draft such a bill and set up a public hearing on same, which couldn't be unt£1 the first meeting in May, that he would do so. It was so moved by Mr.. Jurney and seconded by Mr. Talbot. It was suggested that this item be placed on .' a. referendum to' the'..people Of'~ the.'.City, and~/~ayor %Avery: said that in presenting said bill to the Legislature it should be for en- abling legislation. That change to the motion was accepted by Hr. Jurney and Mr. Talbot. Upon call of roll, Hr. Croft~ Mr. Jurney and Mr. Talbot voted in favor of the motion, and Hr. Merritt and Mayor Avery were opposed. 5. Mr. Jurney said that 'he would llke to direct the City Manager to delegate the proper people' to investigate the lack of street lights in the industrial area of Yoeman-Smith Cabinets and Elliott Gas Company, west of the Seaboard Airline Railroad and north of West Atlantic Avenue. 5. Regarding a request of Mr. T. M. O'Neal for rezoning of Lot 24 and south 41 feet of Lot 23, Block 72 from ~t-3 to C-1 classification that was denied by Council at their regular meeting of March 27th~ 1967, Mr. Jurney moved that the Council reconsider the rezoning of sa~d property and grant Mr. O'Neal the change of zoning requested, as he ~eels there is a need for a small neighborhood grocery in the South part of town for people who do not drive or who do not desire to get into the traffic in the north part of town. Mr. Merritt pointed out that any motion to reconsider previous action must be brought up and made by a person who voted on the pre- vailing side of the original motion. Mayor Avery said that if Mr. Ju=ney would include in his motion that this item be referred back to the Planning/Zoning Board he would second the motion. Mr. Jurney accepted that change to his motion and Mayor Avery relinquished the gavel to Vice,Mayor Jurney and seconded the motion. Mr. Merritt called for a point of order and it was pointed out that Hr. Jurney had been opposed to the original motion denying said =%zoning. and as a result could not move for it to be reconsidered, and it wa.s pointed out that the C-1 classification would not permit groce'~'y s~'.oras. -2- 4-10-67 5. Mr. Talbot read a letter he had received from Mr. J. Harry Miller, Secretary of the Cape May County Committee on Beach Erosion of New Jersey, dated March 13th, asking for information on the waffle type beach revetment constructed in Delray Beach. Mr. Talbot said that he WOuld like Council permission to answer the letter extending all the courtesy and information at hand and that they may send someone down tO look over the Delray Beach Revetment Project if they desire to do so. Further, that he is hopeful .he will be able to obtain information regarding the Army Engineers presentation of a bill of particulars · mentioned in Mr. Miller's letter that may be helpful to the City of Delray Beach in the future. Mr. Talbot was given said permission. 5. Mr. Talbot said that he had received information that adequate water will be assured for Key West, Florida, by new facilities in the form of a Distillation Plant now u~der cOnstruction~ Mr. Talbot asked that the City Manager ~rite to the City Manager of Key West and find out if they are building a de.-salting plant and the particulars concerning same. 5. Mr. Talbot mentioned the very good £inancial statement of the City of Delray Beach that had been submitted to Councilmen and continued-: "This City only has a bonded indebtedness of $300,000 with the water and sewer fund in excellent shape. This~ Council has decreed, and rightfully so because-it was by a majority, that they wash to put up the south 400 feet 'of beach for sale, which I go along ~with even though I, ~ lin a minoritY.. In. the, interim period, I would like to explore ot.her,..avenues 'of, financing, namely, the items that are'eXPected to be financed ~y th~ sale.o~ .the'beach and '.Perhaps we could still have. our cake .and:eat it... ~I would, li~e to request, subject to the approvai of this .Council, .a 'feasibilitY study' by Pressp. rich& Company. all the' bas'i,~iof aceeptanceof~i ~ 'ad valorem bond~ or generaI bonds tha~t might be,iSsued .by this community,' subject to a referendum .of .the.peo~le~ May ! have, such a request to have. such a feasibility ,study which ! do not think will COst.any money and'Which I think Pressprich'Will,be glad to furnlsh." There being no objection by Council,' Mayor Avery 'directed the City Manager to.comply'with the request made by Mr. Talbot. .' 6.a.'' City Manage~Gatchel informed Council that relative to Bills for desired Charter changes, by the 196~ Legislature, and presentation of same to the Legislature, it is recommended that the~Cit¥ Clerk be authorized to arrange for publishing notice of a public hearing thereon, in compliance with Section 191 of the-City Charter; further, that such hearing should be scheduled for council meeting of April 24th, at which' time a resolution would be submitted for Council consideration, authorizing the City Attorney to present the final bills to the Legislature. City. Attorney hdams said~ that he WOuld like authorization to range for publishing notice of a public 'hearing on tWO bills, to update the Civil Service regulations in~iine With the new wage-scale and'th® Delray Beach Reserve Area,. on April 24th, and on one bill, regarding a co'-op apartment owner qualifying to run for public office, on' May 8th. zt was so' moved by'Mr. ~urne~, seconded.by Mr. ~albot and unanimously carried. 6.b. ~he City Manager informed. CounCil that the Plumosa Kindergarten and NUrsery' School of the Primitive Baptist Church requests the use or,the Community center's gymnasium for hold~ng its graduation program ~riday, May 19th, from 6:00 to 9:00 P.M., with rehearsal privileges on the prece~dlng day from 2:00 to :5:00 P.M.~ further, that the Recreation Director concurs in this .and it is recommended that this request be granted. Mr..Merritt moved that the City Manager be given permission to s'chedule ..Said date providing it does not interfere with any of his p. rograms. ~ne motion was seconded by Mr~ Croft and carried unanimously. -3- 4-10-67 6.c. City Manager Gatchel announced that a public hearing had been scheduled to be held at this time forths purpose of receiving objections, if any, to the need for further taxicab service in the City as a result of an application by Mr. Ernest Glass for a Certificate of Public Convenience and called Council attention to .a letter from' Dr. Fred D. Holford concerning a heart .ailment of Mr. Glass. FOllowing discussion, Mr. Talbot mOved that this item be referred to the City Manager for further study and presented to Council at the next meeting. The motion was seconded by Mr. Croft and carried unani- mously. 6.d. Concerning an engineering report from the State Road Department's Traffic and Planning Division, City Manager Gatchel reported as follows: "Recognizing Council's desire for installation of traffic control signals at the intersection of North Federal Highway (U. S. %1) and N, E. 14th Street, the Trafficand Planning Division of the Florida StateRoad Department was requested to conduct a survey and traffic study with the hope that its result would warrant early installation of traffic lights at that intersection. The field survey and traffic studies have been concluded, re- sulting in an engineering report bering been. submitted, which reflects, in part, the ,Department's denial for installation of any-traffic signal controls-at North Federal Highwayand 14th Street. In reviewing the report, please note that a reschedule of a future survey at this intersection is only possible at the end of a 12-month ~eriod. -. · In additionto this. we requestedtwo other traffic surveys at the same time which is almost a year 'ago and we have notheard the resu.lts of those twO." 6.e. City Manager Gatchel informed Council that the County Commission declines to furnish any aid toward rehabilitation of Davis Road unless an 80-foot right-of-way for same could be obtained, and that such width is not obtainable by donation. Further, that the letter from the County Commission dated March'2Oth, which reflects the determination of the 'COn~ission, though it appears to be incomplete and-non-committal, is in response to a previous directive of Council. The City Manager recommended that this entire issue be discussed at a workshop meeting, possibly being attended by Judge John B. Ambrose, developer, of Sudan Subdivision, which is much involved and affected with regard to this matter. 6.f. Concerning gasoline dispensed during the month of March, 1967, the City Manager reportedas follows: "As a result of corrective measUreshaving, been~taken for ac- counting of dispensing gasoline at the City Garage, in any given period, most satisfactory results have been obtained as a result thereof, as evidenced below: TOTAL.~asoline (Requl.pr~ ~nd High Test) for Month of. March PUMPED per meter readings 13,023.2 gallons ACCOUNTED FOR - on sign-out sheets 13~035.3 gallons 12.1 (Overage)" 6.g. Regarding appointment of a Municipal Judge to fill the unexpired term of Judge James W. Nowlin, Jr., namely January 1, 1968, Mr. Merritt moved that Attorney Ernest Simon be appointed. The motion was seconded by Mr. Jurney and carried unanimously. 6.h. The City Manager presented a RESOLUTION of .the Board of Directors of the Delray Beach Police Benevolent ASsociation regarding a revised City Police Department pay scale and recommended that this would be considered in the coming budget and brought to Council attention at the proper time. -4- 4-10-67 Mr..Talbo~ said thatl he does not think .thie..matter. can wait until budget time as he feels this is-an emergency, and urged that a work- shop meeting be held on this ite/n. Mr. Talbot then moved that. the City Manager be directed to schedule an early workshop meeting for consideration of this, the motion being seconded by Mr. Merritt and unanimously carried. Mayor Avery informed Council that he had a call from Mayor Bernard Turner of Boca Raton in regard-to the City of Delray Beach making some of its facilities available for a Juvenile Court in order to eliminate having to go to West Palm Beach. Following other corm~ents, Mayor Avery asked for a motion that the City Manager be authorized to make city facilities available for Juvenile Court, those facilities which he and the Chief of Police designate as the most appropriate, as long as they do not interfere with-his programs. It was so moved by Mr. Merritt, seconded by Mr. Talbot and unanimously carried. Mayor Avery-asked thst the City Manager write to Mayor Turner, offering the facilities, following which he will draft resolutions from the various cities in an attempt to get a Juvenile Court in this area. 7.a. The City Clerk informed Council that Boat Services., Inc. has applied for transfer of License No. 363, issued to-Fteetwing Mar.ins Corporation, permitting the sale of beer With consumption off the premises, this request resulting from Boat Services, Inc., having leased the marina~ further, that the usual and prescribed investigation of the ~arties involved having been conducted and approved-by the proper agencies, it is recommended this application be approved. Mr. Croft moved that .the request be granted, the motion being, seconded by Mr. Jurney and unanimously carried. 7.b. City Clerk worthing informed Council that transfer of Liquor License No. 224, issued to the Crystal Lounge at the Bon-Aire Hotel on East Atlantic Avenue, has been applied for by its alleged new owner, Maco, Inc., of Dads County. Further, customary and prescribed investigation of the parties involved having, been conducted by the local and state agencies, and approved by them, £t is recommended that the request be granted. Mr. Jurney moved that transfer of Liquor .License No. 224 be ~. granted, the motion being seconded by Mr. Croft. and unanimously carried. 7.c. The City Clerk informed Council that the transfer of Liquor License No. 135, issued to BOb's Bar (Estate of ~ina E. Fisher), has been applied for by its new owner, M. S. Liquors, Inc., of DelraY Beach. Further, the usual and prescribed investigations of the-parties involved have been concluded by the local and interested state agencies, and approved by them, and it is recommended that the petition be approved. Mr. Croft moved that the request be granted, the motion being seconded by Mr. Jurney. Upon call of ro11, Mr. Croft, Mr. Jurney, Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Merritt was opposed. 7.d. The City Clerk presented the following request from the Delray Beach Public Library Association, .dated March 31, 1967= "The Delray Beach Public Library Association is planning a building expansion program_which is estimated to cost in the neighborhood of $100,000.00. The present status of our building fund established for t.h~s Durpose is as follows: On Hand (Approx.) $28,000 Objective 1967 Campaign $22,000 Total ~50,000 It now seems probable that.the deficiency of $50,000.00 can be obtained from lending institutions if thefee .title to the real property on which the libraryb~ilding is located is in the association's name. However,' as you know, the title to said property is in the Ci~y.~.of Delray Beach, a~d the land has been leased to the library under a long-term-lease expiring on April 1, 2047, with a yearly lease payment of $1.00 per year. - National Lending institutions governed by Federal laws and regulations have stringent legal requirements that must be met before loans maybe consummated for building construction. If the property is leased, the~lease must beassigned by the'lessor to the lending agency and the property must be subordinated to it by the city. We realize that the City is bound by certain legal limita- tions, but we request that th~ City consider: 1) Assigning the leasehold interest and subordinating the property,'or, 2) Sell the property to the Library AsSociation. We WOuld appreciate your early consideration." The City Clerk said that it is suggested this request be referred to the City Manager and City Attorney for recommendation as to legal routes possible, and favorable to the Association's request, to pro- vide City participation, to be submitted to Council for consideration at its next regular Council meeting. It was so moved by Mr. Croft, seconded by Mr. Jurney and unanimously carried. 7.e. City Clerk Worthing presented a letter from Mr.-Wallace J. Schuck, 1002 Dogwood Drive, TroPic Isle Subdivision, requesting all possible aid by the City in obtaininga release from-the United States Government of a s~oilarea easement in Tropic IsleSubdivision within which his prop- erty lies, and reported to Council as follows: "The City Manager has been'aware of this situation, .realizes the potentia~ tax value of lands now encompassed bySpoil Area 652-C at such time as they would~become improved, which, obviously, is now cur- tailed by the existing spoil area thereat, and is currently active in attempting to provide the relief desired, through the proper channels. Spoil areas, fora specific need and purpose, were established in 1935, and exist from Trenton, New Jersey, to Miami. 'I~t is difficult, though not impossible, to obtain a release from any given spoil area. The petitioner will be advised of the City Manager's progress and COun- cil may be assured that all possible necessary steps are being taken to accomplish the desired result at an early date." 8.a. City Clerk WOrthlng presented ORDINANCE NO. 6-67. AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT .39, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;~ REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS-AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING .THEREOF. 1214 South Ocean Blvd. (Copy of Ordinance No. 6-67 is attached to the official copy of these minutes.) See page 77-A. ~ There being no objection to Ordinance No.-6-67, said Ordinance was unanimously passed and adopted on.this second and final reading, on motion by Mr. Jurney and seconded by Mr. Croft. -6- '4-10-67 8.b. The City Clerk presented ORDINANCE NO. 7-67. AN ORDINANCE OF-T~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RE~.ONING AND PLACING LOTS 1, 2 and 3, ~LOCK 8~1, DRLRAY BEACH, FLORIDA, IN "C-2 GENERAL COMMERCIAL DISTRICT",' AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". (.Copy of Ordinance No. 7-67 is attached to the official copy of these minutes.) See page There being no objection to Ordinance No. 7-67, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 8.c. The City Clerk presented ORDINANCE NO. 8-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 21 and 22, BLOCK D, REVISED PLAT OF BLOCKS D AND E, PALM BEACH SHORE ACRES, DELRAY BEACH, FLORIDA IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". (Copy of Ordinance No. 8-67 is attached to the official copy of these minutes.) Se~ page 77-D. Attorney James W. Nowlin~ Sr., representing Mr. Walter A. Wecker, 'appeared before the council and objected to the rezoning of Lots 21 & 22, Block D, Palm Beach Shore Acres .to R-3 Classification. He said that he understands there are proposed deed restrictions' that would go along with the Ordinance, limiting the height of any apartment buildings that would be placed on the property for a period of five years, and that he does not believe that the five year limitation would be suffi- cient protection if Ordinance No. 8-67 is passed by this Council. Attorney Fred B. Devitt, Jr.. appeared before Council representing Mr. & Mrs. Harold J. Roi~ in their request for rezoning of their property Mr. A. W. Smith, Director of Planning, Zoning and Inspection, in- formed Council that he and the Planning/Zoning Board are opposed to this proposed change of Zoning even with the deed restrictions, as the Planning Board and Planning Director feel the deed restriction is only a small part of the consideration necessary for adequate development on said property. Mr. Jurney moved that Ordinance No. 8-67 be passed on this second and final reading. The motion was seconded by Mr. Talbot and carried unanimously. City Attorney Adams informed Council that the records should show that Ordinance NO. 8-67 is passed with the understanding that Attorneys Byrd & Whitley will record the deed restrictions that ha~e been exe- cuted by Mr. & Mrs. Harold j. Roig concerning, maid property. 8.d. City Clerk Worthing presented ORDINANCE NO. 9-67. AN ORDINANCE O~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE WEST HALF OF SOUTHWEST QUARTER OF NORTHEAST QUARTER OF SOUTHWEST-QUARTER -LYING NORTH OF THE NORTH RIGHT- OF-WAY LINE OF WEST 'ATLANTIC AVENUE, SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DBLRAY BEACH, FLORIDA, IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP .OF DELRAY BEACH, FLORIDA, (Copy of Ordinance No. 9-67 is attached to the official copy of these minutes. ) See page 77-E. -7- 4-10-67 The City Clerk re'fred that Mr. James J. Ritterbusch, following Council request, contacted the Trustees of deceased Frank Chadwick (prior owner of this tract) in London, England, who have consented to dedication of the West S0 feet of the property for a northerly projec- tion of Homewood Boulevard, subject to a five-year reverter clause stipulation being set forth in the instrument of conveyance-. Further, said deed has been prepared and forwarded to London ~or proper execu- tion and if this Ordinance ~s passed and adopted it is recommended that it be done subject to the receipt, within thirty days, of the dedication of the West 80 feet of the property. FolLowing discussion regarding the possible extension of Homewood Boulevard along the west side of said property, and there being no objection to Ordinance No. 9-67, Mr. Merrltt moved ~that Ordinance No. 9-67 be passed and adopted on this secOnd and final reading, as recom- mended by the Planning/Zoning-Board. The motion was seconded by Mr. Croft and upen call of ro11, Mr. Croft, Mr. Merritt, Mr. Talbot and Mayor Avery voted in favor of the motion, and Mr. Jurney was opposed. 8.e. The City Clerk presented ORDINANCE NO, 12-67. AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 6, LAKE IDA MANOR, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. 421 N. W. 7th Street Ordinance No. 12-67 was unanimously placed on first reading, on motion by Mr. Croft and seconded by. Mr. Merritt. 8.f. City Clerk Worthing presented ORDINANCE NO. 13-67. AN ORDINANC~ OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTIONS (a), (b) AND (f) OF SECTION 17-28.1 CODE OF ORDINANCES OF SA~D .CITY' P~RTAINING TO THE ENCLOSURE OF SWIMMING POGLS WITHIN THE CITY. Ordinance No. 13-67 was unanimously pl&ced on first reading, on motion .by Mr. Jurney and seconded by Mr. Talbot. 9. City Clerk Wor~hing reported that Council, at its' last meeting, referred to the Traffic & Parking Committee' for study and recommenda- tion, an offer by a property owner to sell to the City a vacant tract of land in Blocks 140 and 148, located north of EaStAtlantic Avenue between the Intracoastal Waterway and the Delray Beach' National Bank. Further, that the Traffic & Parking Committee reviewed the offer and determined that the property was. too far removed from the critical parking area to be practica~ at this time, and recommended that the offer be declined due to lo~ation and cost. Mr. Merritt moved that the recommendation of the T~affic & Parking Committee be sustained, the motion being seconded by Mr. Jurney and unanimously carried. lO.a. Mr. J. Wm. Schmalz asked what the City is doing concerning a drainage problem that is being c~eated by the filling of pro~erty on which the Dorchester Apartments. are being ~constructed. Mayor Avery reported that the City Manager and City Engineer are working on that d~ainage problem in an el. fort to solve it~to the satis- faction of the property owners in that area. 10.a. Mr. Schmalz asked about a legislative bill which WOuld allow an owner of a co-op apartment to be eligible to run for a public 'office, and was informed that had been considered earlier this evening. -8- 4-10-67 i0.a. City Manager Gatchel informed Council that the Annual Florida City Manager's ShortCourse is s'chedUled for next Sunday thru Wednesday, April 16th thru .the 19th, to be held in Winter Park, and asked for au- thorization to attend same. It was' so moved, by Mr~ Merritt, seconded by Mr. Croft and unanimously carried. 10.a. City Manager Gatchel informed Council that the County Engineer of Martin County, Mr. Fred Bell, has written to .Council inviting all who are interested to attend an Engineering Symposium to be held on Beach Erosion Control, in stuart, on Wednesday, Thursday and Friday, April 19th thru 21st. '~' MayOr Avery urged all to attend this Engineering Symposium. 10.a. The City Manager informed'Council that he is attempting to set up a conference with Mr. W. Turner Wallis~ Dickerson, Incorporated~ and Glace Engineering Corporation, on. the City Beach Revetment project for Friday, April 21st. 10.a. City Clerk Wot-thing presented the following letter from Mr. W. R. Bell of the Plumosa Elementary 'School~ dated April 5th~ "In line wi~h our 6th grade physical education program at Plumosa we would like to carry out a swimming survey at the Delray Oceaneide POol. Since there is so much water in and around our city and state, the ability to swim, at least sufficiently to save one's ova% life, is Very important. Through surveying the abilities of our' 6=h graders, we will be able to recommend to parents steps that can be taken to improve their children's abilities. Now to the request - we would.like to bring the four groups to the Oceanside pool two days without the usual 25~ charge. The time required would be from approximately 10=30 A.M. until 1 P.M. and of course not to conflict with already scheduled activities. I hold a'WSI card, as does~ywife' Betty, who has offered her help. Should like tohave Mrs. Weiss' expert help, as she was of tremendoUs aid last year in teaching seven boys and girls to swim in-the two hours we were there on two days last year. Thanking you for your kind consideration." City Manager Gatchel said that he is afraid the sCheduling'of such classes without some fee would be setting a precedent as the WSI courses condUcted each summer, a City sponsored recreational program, are charged a fee. Mr, Merrittmoved that the City Manager be given permission to schedule Chis subject to his regulations and not conflicting with his programs. The motion was seconded by Mr, Jurney and. carried unani- mously. 10. b, City Clerk Worthing presented Bills for Approval, as follows: General Fund $241,116.89 Water Operating & Maintenance Fund '5,744.24 Water Revenue Fund 62,2~1.99 Refundable Deposits Fund 2,187.02 Improvement Fund 18,108.65 cigarette Tax Fund 45,433.00 Capital Improvements Construction FUnd 7,266.05 Sewer Construction Trust Fund 34,972.87 The bills were unanimou~ly ordered paid, on motion by Mr. Croft and seconded by Mr, Jurney~ The meeting adjourned ~t 10=40 P.M. ...R. D-. WORTHING M A Y O R ( -9- "4-10-67 . 77-A aN' ORD~ 01~ ~ CITY :' COUNCIL o~' ~ ~C~ OF DE~Y' B~~ ~RTAIN ~, ~Y L~ 39, DE~Y BEA~ SHO~S, ~ ~ ~ XS C~IGUOUS ~ E~STi~.~C~P~ LIMITS OF SAID~CITY; ~- DEF~ ~ ~BO~RIES OF SAiD CI~ TO iN~UDE SAID ~; PRO~DXNG FOR T~ R~S ~ OBLIGA- TIONS OF SAID ~ 'A~ PRO~D~ F~ T~ ZONI~ T~F. 1214 S. Ocean Blvd. ~AS, ~ BAZAr ~USE, INCOR~T~, ~s ~he fee Simple o~er of ~e property hereinafter deSuri~d, and HOUSE, INCORPO~D, by his petition, has ~onsente~ and given ~rmis- sion for the annexation of said pro~rty bY ~h6 C{t~of ~lray Beach, and ~S, the City of ~lraY Be~ch~ ~as heretofore been authorized to a~ex'lan4s in accordance wi~' '~ct~on 185.1 of City Chafer of sa~ ~City granted to it by the ~State of T~ CITY OF DE~Y B~, FLO~A, AS SEnIOr 1. ~at the City Counc~I of the City of Delray Beach,~ Palm Beach cowry, Florida, hereby annexes to sa~ C~ty ~he following 4eScri~d tract of 1and located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: ~at tract .of land, namely Lot 39, Delray Beach '~ores, per Plat .B~k . 23, ~age ~167, ~bl~c ~oo~ds of Palm ~ach ~untY, Florida.~ SECTION 2~~ ~at the bounaarles of the City o~ ~Iray Beach, FiOri4a, .are hsre~ redefined so as to inclu4e ~erein the above describ~ tract ~f~ ~and~ and said land is hereby deula=e4 to within the co'orate l~mits Of the City of Del=ay Beach, SE~ION 3. ~at ~e '~act of land hereinabove is hereby 4eclared to ~ ~ ZOning District R-3, as 4efinea by exist- ing ordinances of the City of ~lray Beach, Florida. SE~iON 4. ~at the land hereina~ve descried shall i~diately become subject to all of the franchises, privileges, im- m~ities, 4ebts (except 'the existing ~Onaed in~eb~d~ss), obli~ tions, liabilities, orainances an4 laws to ~ich lan~m in ~e City of Delray Beach are now or ~y be, aha '~rsons residing ~ereon shall ~ deemed citizens ~f the City of Delray ~ach. SE~ioN 5.~ ~a~ if any ~r4, phrase, clause, sentence or Part of ~is ordinance sba11 be declare~ i11ega~ by a court of competent jur'isaiction, such record of illegality shaI1 in no way affect the remain~ng portion. PAS~D in re,!ar session on the second and final read- ing on the 10th day of April . 1967 /S/ Al. C. Avery . ATTEST: M A Y O R /SA R. D.~Worthing. City Clerk First Reading March_ ~7.,,_,!~967 Second Reading ...Apri,1 10, 1967 ORDINANCE NOo 11~67~ AN ORDINANCE O~ ~ CITY CO~CZL O~ T~ CITY OF DEL~Y ~, F~R~A. A~NG TO T~ CI~ OF D~Y B~ ~RTAIN ~, ~Y ~S 4 and 5, BLOCK 2, SIL~R TE~ S~DI~SION, ~ICH LA~ IS CO~IG~US TO S~STING ~CIP~ L~ITS OF SAID CITY~ ~DEFI~NO T~ BO~IES OF SAID CITY TO IN~E SAID ~= PRYING FOR T~ RI~S ~ OBLIGATIONS OF ~ LA~ A~ PRO- ~DING FOR T~ ZO~NG ~OF. ~S, ~S ~LL is the fee s~mple o~er~ of ~e prop- erty hereinafter descri~d, and ~AS, ~e' said C~ES ~LL, by his petition, has con- sente~ an~ given pe~ission for the annexation of said property by the C~ty of ~!ra~ B~acb, a~ ~S, the City of Delray Beach has heretofore been au- thoriz~ to annex lands in accordanc~ wi~ Section 185.1 of the City ~rter o~ sa~ City grante~ to it by ~e ,State of Floriaa~ ~W, ~.T~FO~, BE ~IT ~A~D BY T~ CI~ CO~CIL OF CI~ OP DEL~Y BEACH, P~IDA~ AS F~WSt SECTION 1. ~at the~ C~ty Council of _~e C~ty of Delray Beach, Palm Beach ~ty, Flor~da, hereby annexes to said City following descr~ib~ tract of la~d located .in ~Palm ~ach County, Florida, which lies conti~ous to ~i~ City, t~wit: ~at tract of lan~, ~mely Lots 4 and 5, Block 2, S~lver Terrace Subdiv~sion., ~r Plat Book 1~, page 6~, as. appears in the P~lic Records of Palm ~ach ~unty, ~Plori~a. SECTION 2. ~at the ~a~ies ~of the City of Delray Beach, Florida, are hereby r~efined so as to ~nclude there~n the able scribed ~act of land, ~nd sa~d land is hereby declared to be the corporate l~its of the City of ~lray ~ach, Florida. SECTION 3. ~t ~e ~act of land hereinabov~ described ~s hereby ~clared to be i~ Z~ing District C-2, as defined by isting ordinances of the City of Delray Beach, Florida. SECTI~ 4. That the la~ here~na~ve describe~ shall im- mediately become subject.~o all of ~e franchises, privileges, m~ities, debts, obligations, l~ab~litie~, ord~n~s and ~aws to which lands ~n the City of Delray B~Ch are now or may be, and persons res~ing ther~n shall ~ deemed citizens of the City of Delray Beach, ~lor~da. SE~ION 5. That if any word, p~ase, clause, sentence or part of this Ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of ~11egality shall in no ~y af- fect the remaining portion. PASSED in regular session on ~e second and final reading on this the day of , 1967. ATTEST: M A Y O R ~ 1st Read:Lng ................. Reading ................ 77~C ORDINANCE NO. 7'67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY:OF DEI~AY BEACH, 'FLORIDA, REZONING:~ND PLACING LOTS 1, 2 and 3, BLOCK 81, DELRAY BEACH, FLORIDA, IN "C-2 GENERAL COMMERCIAL~ DISTRICT", AND AMENDING "ZONING MAP OF DELRAY ' BEACH, FLORIDA, 1960"~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1." That the following described pretty in the City of Delray Beach, Florida, is hereby rezoned, and placed in the "C~2 General Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of DelraY Beach, Florida, to-wit: Lots 1, 2 and 3, Block 81~, Delray Beach, Florida, according to Plat Book 11, Page 32, on £ile'in the office of the Clerk of the Circuit court in and for Palm Beach County, 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 conform with the proviaions of Section I hereof. .PASSED in regular session on the second and final reading on this the 10th day of April , 1967. ES/ Al. C. Avery.. MAYOR ATTEST: /$/ R. D. Worthing City Clerk First Reading Ma{gh 1~ 196.7 Second Reading .~pril 10, 1967 77~~D ORDINANCE NO. 8-67 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF" DELRAY BFACH, FLORIDA, P~ZONING AND PLACING LOTS 21 and 22, BLOCK D, BEVISED PLAT OF .BLOCKS D and E, PALM BEACH SHORE ACRES, DELRAY BEACH, FLORIDA IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA: SBCT~ON 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned, and placed in the "R-3 Multiple Family Dwelling District" as de- fined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 21 & 22, Block D, Revised Plat of Blocks D & E, Palm Beach Shore Acres, Delray Beach, Florida., according to Plat Book 7, Page 38, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, 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 conform with the provisions of Section 1 hereof. PASSED in regular session on the second and fi~al reading on this the 10th day of April , 1967. /s/ Al. C. Ave,ry MAYOR ATTEST: /S/ R. D ~.,W,..orth,i~g City Clerk First Reading ~arch 13, 1947 Second Reading April 10, 1~67 77-E ORDINANCE NO. 9-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE WEST HALF OF SOUTHWEST QUARTER OF NORTHEAST QUARTER OF SOUTHWEST QUARTER LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF WEST ATLANTIC AVENUE, SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA, IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960", BE IT ORDAINED BY THE CITY COUNCIL OP 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 "R-3 Multiple Family Dwelling District" as de- fined by Chapter 29 of the Code of Ordinances of the City .of Delray Beach, Florida, to-wit: The West half of Southwest Quarter of Northeast Quarter of Southwest Quarter lying North of the North right-of-way line of West Atlantic Avenue, Section 18, 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 conform with the provisions of Section i hereof. PASSED in regular session on the second and final reading on this the 10th day of April , 1967. /S/ Al. C. Avery MAYOR '~' ATTE ST: /S/ R. D. Worthing City Clerk First Reading March 13, 1967 second Raading ....