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05-22-67 95 NAY 22, 1967. A regular meeting of the City Council o.f 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 'N. Jurney and LeRol~ W. Merritt, being present. ~. I. An opening prayer was delivered by Dr. Frederic F. Bush, Jr. 2. The Pledge of Allegiance to the 'Flag of the U~li'ted States of America was given. 3. The minutes of the regular Coun'ci! meeting of May 8, 1967, were unanimously approved, on motion by Mr. CrOft and seconded by M~. Jurney. 4. City Clerk Worthing read the following letter addressed to James It. Jurney from Attorney Robert D. Tylander, Boca Raton, Florida, dated May 11, 1967: "I am writing you on behalf of Mr. Charles E, Schmidt, the owner of property lying on bOth sides of Lindell BOulevard betwee~ Germantown Road and Canal C-15 in Delray BeaCh. Reference is made to the · . article appearing in *the Delray Beach News~.Jou~n&l :on.. May~.4, 2967 i~ert&i~/~g ,~oc'drainage 'of the southwest. ,sectLon of Dolt.ay.Beach. . . .Mr. Sc,hmidt .is~ 'gympathe~ic '~.'ith-~h?...Vr0bie~ Wi.th'Which. .you 'are deaitn{ 'ani .i believe, the 'city WOul~ ftAd h~m~o erative in the matte~~. providing, of course, that,his .!and _ ? is '~Ot adverSeiYafflet~d'. ' ' .... It would be appreciated if you would keep us informed con- cerning any developments The City Clerk assured Co~C!! .,~hat the City .~e~ .will inform Mr. Tylander of Progrels in '~'tUr~ 'd~ainage t~apr0~i~e~t~' ~o~: 'that g~neral: ~rea, as it materi&lizes, and that a copy of this comani~ation will .be furnished. RUssell & AX~on E~9!neers wh, o have been authorize~ by Council to prepare Pia~g and i~os2 ~e~timates~ for ~ SoUthWest Area drainage 'projeer. : ' .......... · ' 4. City Clerk Worthing read. t, he fo!l, owing letter add,tossed, to, COutlCil- man James H. Jurney, from Mr..Dawson L. Newton, Executive DirectOr Of the ocean Sciences and Engineering CounciI of 'Palm Beach County, Inc. dated May 9, 1967= ° "The Ocean SCiences and Engineering Council of Pelto'Beach County would like the opportunity of presenting its actl%ities, achievements and further deve~0Pment work on behalf .of the county before your Council ~t ~ ,convenient time. The briefing .of our .work .ici11 take appr°ximately forty-five minutes ahd Will;.coflsi~t~ .Of ' a' discussion concer~ing the needs of the CoUhc[1 ~tO ~ontinue' its work in the fields Of oceanog-. r aphy. - * , We ha~e set up .a modest b~get "et~ling .~pOn each in the county to contribUte according to its possible return directed from such an. effort. We:feell'~hat after you;-hearAour P£esentation,.you.will be most encouraged concerning the opportunities offered to your community to build ~oward ~tr0n~I ocean science and engineer- ing facilities which will benefit all within the county. .Please let ue'.hear f~or~, ~ou at?your ~a~lieSt opportunity. - -1- 5-22-67 96 The City Clerk said it is suggested that the City Manager be directed to provide for such a joint meeting at the earilest possible date when all members of the City Council will be ava.ilable. Mayor. Avery said that Councilman Jurney is a member of said Ocean Scienc. es and Engineering Coo]lc.i! representing.Delray Beach, .and with his consent, directed the City Manager ,to arrange for-such a meeting when all Councilmen are available. 4. Mrs. Lynn Stieglitz~ President.of the Exchangette .Club~ of Delray Beach, said .that one of the l~rimary functions of the Exchange Club is to promote Americanism and the American way of life, and one facet of this is to encourage frequent, and proper use of the American Flag. Mrs. Stieglitz then presented the City with a Flag which has 'flown over the National Capitol, and.informed ~ouncil,.that the Flag had been obtained through Representative Paul G. Rogers. 5. Mr. Jurney referred to a recent letter received from Mr. Charles Jefferson, a member of the Sewer AdjUstment Advisory Board, and city Manager Gatchel reported th.at said Sewer Adjustment Advisory Board had met concekning the proposals of Mr._ Jefferson. Further, that Finance Director Weber, Secretary of said Board, has embarked on a study as to what .effect on the overall revenue, picture such a' change or modifiSatign would have on'th~, financial future, and a report on same should be ready for Councll in the .near future. Mr. Jefferson said he feels the time has come for some action to be taken on this item. Mayor Avery explained that the Council is concerned about this item, but is governed by the bonding ordinance. 5. Mr. Merritt reported that Mr. Gleas°n Stambaugh, Sr., hsd suffered a heart attack yesterday, and that his condition .is somewhat improved this evening. 5. Mr. Merritt referred to a book put out by the Americ'an Association of Fund Raieing council., Inc., and reported that .lae,t year the top twelve National Health Agencies raised $181,0000000. and of that amount only $34,000,S70. was contributed, through their organizations, to re- search. He said 'that the Chamber of .Commerce Solicitations Screening Committee, of which he is 'a member, has been working very hard in an endeavor to set up better rules and regulations for charitable solici-- rations in the City of Delray Beach, and presented the City Attorney · a newspaper clipping from Los Angeles, Calif. concerning this item that he would like to have researched. He reported that the Attorney had already contacted the City of Fo~t Worth, Texas concerning this item. 6.a. Regarding bids for six new ~olice Cars, City Manager Gatchel reported to Council es follows: "Bids were solicited for furnishing the City with six new Police cars, as well as individual trade-in allowances on six used vehicles 'of' the Department, being cars nos. 4,5,6,7,8 & 9. The new cars are to be in accordance with specifications furnished by the City. Tabulation of bids received is as follows, and reflects the exclusion of trade-in allowance for car no. 5, it having been determined necessary, and in the best interest of the City, to retain said car no. 5 (a 1966 Ford) for continued use in the Law Enforcement Program, more particularly by a Vice Officer soon to be appointed in the Department: -2- 5-22-67 TRADE~IN Eart Wallace For8 Ford $13,707'~18 $2,675; $110032.18 A~ams C~evrolet Co. Chevrolet 14,694.00 2,700. 11,994.00 Je~ry Earl Pontiac Pont'lac 15,255.90 2,500. 12,755.00 Delra~.M~tors, In~. Mercury : 16,371.84 2,891. 1~,480.84 It is recommended that award of l~/roha~e be made to the low bidder, the same being ~.arl Wallce Ford in the-net amoun~ of Mr. Jurney moved that the -1Ow bid be awarded to Earl Wallac~e Fora in the amount of $11~032.18 for tl~e si~ new police cars, the motion being seconded by Mr. Merritt and unanimously'-carr!ed. 6.b. Concerning proposed improvement of acoustics at the Civic Center, City Manager Gatchel reported as follows: "Improvement of acoustical Problems at the Civic Center are needed in order that the Gymnasium might be 'used, w~th satisfac, tion, for large meetings, lectures and other public affair~. It "iS recommended that Mr. John A. Ford, a graSuate engineer with a~a~jor in acoustical engineering, be employed to ~etermine the necessary corrective measures concerning the inadeqdate acoustical effects in the Center's Gymnasium. ...... M~. Ford has agreed,' for the sum of $225.00,' to: . . ~1.. Mak. e..-. an.. acoustical analysis and de~e~ine the exact amount of.ma.ter, ials required, to have .. " optimum acousticaI, o0nditions in the gymnasium. 2. Prepare basic ~lans and specifications for the application, of acoustical materials required-to correc,t the. l~oblem. ~ . 3. Provide assistance in the a~alysis of contractor bids for the work and also field inspection during and at ~he end of the Work. It is further .recOmmended that authorization be given for transfer of $225.00 from the General Fund Contingency account to. cover the cost of these, serv&ces." In a~swer to a question, the City Manager said he felt this would be of a major nature as far as expenses are concerned and that there has been~:.n0 study performed. Mr. Jur~ey.. said tha..t he feels there are enough capable, acoustical people ~n ?Palm Beach COunty, and suggested that .they be asked to bid and make recommendatioas. He further suggested that. Architect ~oy Simon be asked for a feasibility .study on this itam0 since.he designed the building ~ Following lengthy discussion, Mr. CrOft moved that. the feasibility study be made.. Mayor Avery .re!£nquished the gavel to..Vice.-Mayor Jurney and seconded the motion.. Follo~ng further lengthy discussion, Mr. Merritt moved that this item be tabled until the next meeting, and that the City Manager get an opinion from the' original Architect Roy Simon. The motion was seconded by Mr. Jurney an~ carried Unanimously. 6.c. City Manager Gatchel informed Council that the Chamber Of COmmerce has requested that 30 planters be constructed on Bast Atlantic Avenue between Swinton and Third Avenues, that the Chamber has agreed to select the loc~tione and pay for constructio~ ~aterials ~o be purchased, esti- mated .cost to the ~h~j~e~'' fo~ ~ach pi~j~ter be.ij~q ~10.000 subject to the C~ y prov~ding, the necessary.. !~or f~?~onstruc~o~ and plants from its nursery~ further., approval foF. ~uch ~i~ipatio~ fs recommended. -3- 5-22-67 It was So moved by Mr, Jurney, seconded by Mr. Merritt and unanimously carried. 6.d. City Manager Gatchel informed Council-that in compliance with a previous established-policy; Resident Supervision for--Sewer System Construction, recently awarded to Dawson:_Company, Inc., within Area 19 and extensions in Areas 20 and 21, should be provided at this time. Further, subject to it being the pleasure of Council to continue with the present Sewer Collection System's construction resident supervl- sion, namely, Russe. 11 & Axon,. Supplemental-Agreement No. 11, to the. Engineering COntract between the City and Russell & Axon, dated Sep- tember 30th, 1959, has been prepared, is available and, contingent up- on the Council's pleasure, its execution by the proper City Officials should be authorized. Mr. Croft moved that said authorization be given. Mayor Avery relinquished the gavel to Vice-Mayor Jurney and seconded the motion. UpOn call of ro11, Mr. Croft, ~r. Merritt and Mayor Avery v~ted in favor of the motion, and Mr. Jurney abstained from voting. (Copy of said Supplemental Agreement. No. 11 is attached to the official copy of these minutes.) . 6.e. Concerning appointment of Civil Defense Director for the City of Delray Beach, Mayor Avery ~elinquished the gavel to Vice-Mayor Jurney and moved~that his resignation from that office be accepted, and that City Manager David Gatchel be appointed Civ£1 Defense Director for the City of Delray Beach, the motion being seconded by Mr. Croft and unani- mously carried. City Manager Gatchel informed Council that being the Civil Defense Director would not require any more of his time than it does at present, and information and dire_orions concerning same would now come to him firsthand instead: o f i secondhand. Mayor Avery asked that the City Manager notify the Civil Defense headquarters in West Palm Beach of the change of Director for Delray Beach. 6.f. Regarding Palm Beach County Board of commissioners' RESOLUTION concerning County-wide Fire Control,. the City Manager said it is recom- mended that the administration be directed to write a letter to the Florida House of Representatives, for the Mayor ~s signature, urging passage of legislation in the 1967 Florida Legislature authorizing the Palm Beach COunty Commission to enter directly into contract with the Florida Board of Forestry for county-wide fire control, .He said that the Resolution ha~ been passed i~ May, 1966, and is a matter of munici- pal interest from the standpoint tha~t, the City practices an aid pro- gram with all of the fire 'departments to fight such forest fires as have been experienced recently, and there is a need for the Board of Forestry to have fire towers and heavy equipment stationed in Palm Beach County. Mr. Merritt moved that the proper letter, in support of said Resolution, be written. The motion was seconded by Mr. Jurney and carried unanimously. 7.a. City Clerk Worthing presented the following letter from the Delray Beach Chamber of commerce: "The Board of Directors of the Delray Beach Chamber of Commerce has taken under Consideration the construction of an attractive new building to house the Chamber and its numerous community services. So that these plans may be further pursued, the Board requests a forty-year lease at one dollar per year, on the south thirty feet of Lot 17, Block 10_1. This represents within a few feet, the ssme site on which the Chamber building now stands. Your favorable consideration of this req~lest will enhance the continuation of a progressive and active Chamber of COmmerce." -4- §-22-67 - Mr. Merritt moved that the proper lease, for a forty-year period of time at one dollar per year, be prepared by the City Attorney, The motion was seconded by Mr. Jurney and carried unanimously. 7.b. City Clerk Worthing informed Council that a request-had been received for transfer of License No. 559,- permitting the sale of Beer and Wine, consumption on the premises, 'in conjunction with the Leaning Tower of Pizza, located at 522-N. E~ 8th Street; further, that-the applicant, recently having pUrchased-this business, has been investi- gated by the proper State and Local age,ties-and approved by them, therefore, it is recommended'that the petition be grant~.~ The'request for transfer of said license was unanimously, g~anted, on motion by Mr. Croft and seconded-by Mr. Merritt. 8.a, The City Clerk presented Pd~SOLUTION NO. 7-67. A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, PROVIDING FOR EXCHANGE OF CITY (FWN~D LANDS FOR LANDS ~D BY PRIVATE PARTIES. (COpy of Resolution No. 7-67 is attached to ~he official copy of these minutes.) See page 106-A. Resolution No. 7-67 was unanimously passed and adopted on this first, and figal rea~ing, on ~otion by. Mr, Croft and Second,_ed.by Mr. Jurney. - . ..... s.~' ci'~Y cl~rk Worthi.g pre~ted '~.SO~UT~ON ~0. ~-67. -' ' '" -' ; A ~ESOLUT~ON OF THE CiTY ,COUNCIL OF THE CITY ~OF DEL~AY. BEACh,. FLORIDA, VACATING AND ABANDONING THAT PORTION OF CASUARINA _ROAD LYING. WESTERLY .FBOM'.A. NORTHERLy PRO- 'City ~ttorney Adams-reporte~' as follows.- "YOU will recall, at the last meeting .we didn't have a Com~i,tment on the land underlying the water over there, and Since; that t'ime we do have a Title Insurance Binder. ~e put an arbitrary.amount on it of $10.,000, just~ to put some value on the underlying, land in that area and at the time, you will recall, we knew that i~ ~'.~su~ject ,to a spoil eas~ent. The title s~ows that it is iff New I~iver Comp. any, Inc. ,. in Frank DeRice. That it is-subj.ect. 0nly to a permanent sPoil-easement in favor, of the-Onited States. as set forth in Deed BoOk 601, Page.335, end al~o '~SStrictions in' easemehts'dated ~ay 1, 1945 recorded in another Deed Book. Mr. worth~ng, has been in touch with the F.I.N.D. and there is no reason to believe that eventuaily they.~oUldn't release those properties. .AlsO~ :i~ i~ :subject,,to' the .:rightS-Of. the 'T~ustees of the Internal ~mprOvement Fund, but we'*have:~a letter also from the Trustees'of the Internal 'Improvement Fund- that .they disclaim any interest in the proper- ty, in the underlying Part of it. It will mean eventually getting disclaimer from the Trus tees. :which I .am sure, based on their letter, there will be no problem on that. On 'that, and the fact 'that you have already approved a ,contract with'Mr'. 'Del~ice., I see no r~ason to ho-ld up the resoluti0~ of. aband0nme~t'." ' ' Mr-. croft moved that-ReSOlutiOn' .Nol. 8-67 be passed and adopted. Mr. Jurney questioned the height 'of a'-buil'ding that could; be constructed on Lot X, and the .city AttOrney explained that the. property is presently zoned R-3-and any construction' over 45 -.feet ~ in height would 'be as a special exception. The City Attorney said Council had authorized~the execution .of a co. ntract, and 'passa~ge~of the ReSolution Would be car~-fing out one of the provisions-of t~he contract. -5- 5-22~67 There was no second to the motion made by Mr. Croft and Mayor Avery said ,this ResOlution would be tabled until the next meeting. 8.c. The City Clerk presented RESOLUTION ~O. 10-67. A RESOLUTION'..~F/THE CITYi. COUNCIL'.OF."THE '.CITY' -. "' OF DE~RAY BRACH, FLORIDA, ASSESSING COSTS FOR ~d3ATING NUL~ANCES UPON CNRTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT INCURRED BY SAID CITY TO ACCO~IPLISH SUCH A- BATF~ENT OF SAID NUZSANCES,. AND DECLARING' SAID LEVY TO BE A LIEN' UPON S~D-PROPERTY IN ~N AMOUI~f AS SHO~N BY REPORT OF-THE CITY NANAGER OF DELRAY BEACH, FLC~tZDA. (COpy of Resolution No. 10-67 is attached to the official copy of ~hese minutes.) See pages 106-C-D. Resolution No. 10-67 was unanimously passed and adopted on first and final reading, on motion by .Mr, Merritt and seconded by Mr. Jurne¥. 8.d. City Clerk Worthing presented RESOLUTION NO. 11-67. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,~ FLORIDA, 'REQUESTING GOVERNOR CLAUDE KIRK ~D NF2~BERS OF.THE 1967 .LEGISL~TUR~ TO SUPPORT THE FIN~NCL~I~ NEEDS NECESSARY TO CO~tSAT THE BEACH EROSIO~ PROBLEJ~S THROUCHOUT COASTAL AREAS OF THE STATE OF FLORIDA. (ColOr of Resolution No. 11-67 is attached to the official copy of these minutes. ) See page. 106-B. Resolution No. 11-67 was unanimously passed and adopted on this first and final reading on motion by Mr. Jurney' and seconded by Mr. Merritt. 8.e. The City Clerk presented ORDINANCE NO. 14-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE SOUTH 400 FEET OF NORTH 4,680 FEET OP SEC- TION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,- LYING EAST OF STATE RO~D A~A, DELBAY BEACH, FLORIDA tN "R-3 M~LTIPLE FAMILY DWELLING DIS- TRIC~" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960%'. (Copy of Ordinances No. 14-67 is attached to the official Copy-of these minutes. ) See page!106-~/ There being no objection to Ordinance No. 14-67,' said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Merritt. 8.f. City Clerk Worthing presented-ORDINANCE NO. 15-67; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REIGNING AND PLACING LOTS 265 THROUGH 281, TROPIC PALMS SUBDIVISION, DELRAY BEACH, FLORIDA IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". (Copy of Ordinance No. 15-67 is attached to the official copy 'of these minutes.} See page 106-F. There being no objection to Ordinance No. 15-67, said Ordinance was unanimously passed and adol~ted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Merritt. -6- 5-22-67 8.g. City Clerk Worthing presented ORDINANCE NO. 16~67, and said that it provides for an amendment to Chapter 29 of the Code of Ordinances, to permit, as Special Exceptions in R-3 zoned lands, Clu~ter Develop- ment in addition to other conditional uses, as recommended to Council by the Planning and Zoning Board during~ the' regular meeting of council on April 24th. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,-' AME~DING'S~TION 29-7 (B), CHAPTER-29 OP THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO CONDITIONAL USES IN, TH~ R-3, MULTIPLE FAMILY DWELLING 'DISTRICT. {Copy of Ordinance .No. 16-67 is attached to the official copy of these minutes.) See page ~106-G. City Attorney Adams asked that it be a matter of record that he does not.know .what a Cluster Develol~nent is. Planning Director A. W; Smith said that a Cluster Development is a condominium type development with separate units each on a plot of ground, opposed to one building with each unit being within the build- ing. During discussion, Mrs. Dorothea G. Montgomery asked Mr. Smith if he meant a single family residence when he mentioned an individual or sepDrate unit, 0~r wou:ld .it be a bu.!,ldin~ owned by. one man that could have t~hr~e or. four a~artments in ,i.t? - · ~ ,~ ~ ~m~.'~:~: said'that ~!uster'Development W~uld'have to be .~pproved as a special excePt'ion., and it would be necessary to work .out some defi- ESt~onS,' also to Work out 'specifica~i.~,s 'a~ ~gu. ide ~iig.es: and' standards an en, neer[ g s'tand nt. .... ' ' City Attorney Adams explained-that this Ordinance would create a special exception that ~he Counci! ha.s ~ontrol of, but Cluster De- velopment is not_spelled out an? defined Mr..Merritt moved th'at' th~s .~tt~eF 'be tabled until the next meet- ing and that a des. Crip:t'ion, 0r~: a written..definition Of Cluster Develop- ment accompany the aggnda. Th,a ~otion' ~s seconded b~ Mr. Jurney and c~rried unanimous, iy. - .... 9.a. city Clerk Worthing presented the following letter from the Planning and Zoning Board:, dated May 17th: ' "At'~he r'egular meeting' 'of' the. Planning and Zoning Board held May 16th,_ 1967, the Board discussed the Zoning Code Book for th~s City. """ A~~ the.p~esent edition is unavailable for public purchase · ~and considerably out o~' date, We recommend that 's~eps be taken to ul~date the code and reissue it for the general public. _ The Board also feels the next.edition should be .,booked in ~ch" a manner that' would prov'ide for periodic updating and {h~at' thi. s publication should ,include the City sign ordinanceli' The City Clefk said it is ~ec6mmended' that 'this request be re- ferred tO the City: Manager and that he be authOriZed, tO' Provide for such re-issue of the Zoning Code in' a 'manner sati's~faetory to the Planning and Zoning Board and in the be. st interest of the City. It was so moved by. Mrl Jurney., seconded'by Mr. Merritt and unanimously ca'tied. 9..b. city.clerk W°rthing presented the roll.owing Planning: Board report, dat~ed .May '17th:. ' ' - 'iAt the request of Council, ~he Board, at its May'16th, 196~ . meeting, discussed the previous request for annexation of Lots 4 and 5, BloCk ~,.,. Sliver Terrace -7- 5-22-67 After discussion and consideration of the entire subdivision, and a previous court decision on this property in question, we unanimously re~ormmend that the annexation .not be granted. The Board does not consider it advisable to recommend zoning contrary to the court's decision, nor does it feel that any annexation of a small portion of this subdivision would be ~conomically feasible." Mr. Jurney read the following letter received from Mr. Hall regarding his petition for annexation to the City= "I understand that the Planning and Zoning Board in recent meeting denied my request to be annexed to the City of Delray Beach on the basis of C-2 Zone. It was not my intention to get a broader zoning. I only want the proper zoning that would be required to allow me the same privileges that I have with the County Zoning-~Fnich is C-lA. Please consider annexing my property on a C-1 basis." Mr. JUrney said that Mr. Hall desires to be ~annexed to the City to have the benefit of reduced fire insurance rate, City water, police and fire protection and other services of the City. During discussion, Mayor Avery suggested that this item be referred back to the Planning and ~oning Board with the request for C-1 instead of C-2 zoning. Mr. Jurney read a letter that Mr. Charles Hall had received from the Palm Beach County Zoning Commission and stated that Mr. Hall has never asked the Palm Beach County Zoning Commission for any specific type of zoning~ "This letter is to inform you of the Zoning change which has occurred on the above referenced property, Silver Terrace S/D, Lots 4 & 5, BlOck 2. On Thursday, May 5th0 1966, the Zoning commission of Palm Beach County changed the zoning classification on your property from R-2 Multiple Family Dwel~ling District to C-lA Limited commercial District. This change of .zone was accomplished by the Zoning Commission in accordance with the provision with the final judgment entered on April 29th, 1966, in the Circuit Court Case of William H. Murtha vs. the Zoning Commission." There was discussion about how Close a City water line and other property within the City 'are to that property. City Manager Gatchel suggested that since there is a new request from Mr, Hall, it be referwed back, under the new request, to the Planning and Zoning Board, He assured Council that he would furnish the Planning and Zoning Board with accurate information as to the availability of water, sewer, etc. Mr. Jurney moved that this item be referred back to the Planning ,and Zoning BOard,' the motion being seconded by Mr. Merritt and unani- mously carried. 9,c. City Clerk Worthing presented the following Planning and zoning Board report of May 17th: · "At the regular meeting of the Planning and Zoning Board held May 16th, 1967 in the Council Chambers, a Public Hearing was held for cor~ideration of a request for rezoning from C-1 (Limited Commercial District) to C-2 -(General Commercial District} that property described as: Lot 3 and 4, Block 53, City of Delray Beach, Flor'ida. After consideration of the existing traffic facilities and the present thoroughfare program, the Board determined Swinton Avenue would be the logical separation for C-1 and C-2 property along Atlantic Avenue. The Board therefore unanimously recommends that the request be granted. As this property would provide contigUity for Lot~ 1 through 4, Block 61, we wish to rescind our previous recommendation predicated on the grounds of Spot Zoning; and do further unanimously recommend that the zoning on these lots be changed from C-1 to C-2 as requested." -8- 5-22-67 103 The City Clerk said that should it be the pleasure of Council to sustain the recommendation of the Planning and Zoning Board, an Ordi- nance is available for Council consideration on first reading, to pro- vide for rezoning of Lots 1, 2, 3 and 4, Block 61, and Lots 3 and 4, Block 53, from-C-1 to C-2 zoning classification. Mr. Jurney moved to sustain the recommendation of the Planning and Zoning Board on this matter. Mayor Avery relinquished the gavel to Vice-~myor Jurney and seconded the motion. Following discussion, and upon cal~ of ro11, 'Mr. Croft, Mr. Juxney and Mayor Avery voted in favor of the motion and Mr. Merritt was opposed. City Clerk Worthing then presented~ ORDINANCE NO. 17-67.' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 3 and 4, BLOCK 53, ALSO LOTS 1, 2, 3 and 4, BLOCK 61, DELRAY BEACH, FLORIDA, IN "C-2 GENERAL COMMERCIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". ' Mr. Jurney moved that Ordinance No. 17-67 be placed on-first reading. Mayor Avery relinquished the gavel to Vice-Mayor Jurney and seconded the motion. Upon call of roll, Mr. Croft, Mr. JUrney and Mayor Avery voted in favor of the motion, and Mr. Merritt was opposed. 9.d.'-Coficerning'an '~pplication for_permit to solicit funds;' 'City Clerk Worthing 'read .the fO!lowing report from the Charit~ble Solicitations Committee, ~dated May -18th, 1967 :' "Re: Application to solicit 'f~om National Multiple Sclerosis.. Should the Council see fit-'to'graht this application the Solicitations Committee strongly recommends .the following': 1~ That the attached financial'statement be'rum in a local media (as required bY the ordin&nce)" This statement shOWs that 61% of t~e amount collected last year went to fund .raising.,. and 39% to research and patient service. 2. Prior to granting a~ permit in future years, this charity be required to have a functioning ~ocal organization." The City Clerk said it is"~suggested that, should it be the pleasure of Council to grant the request, such-approval should be s~bject to the National Sclerosis Society c0mplying With ArtiCle. II~ of Ordinance No. G-550, which, in p~rt, requires the applicaht ~ publish, in a news- paper of general circulation within the City, its application to solic- it, as submitted, and financial statement reflecting the collections of its 1966 Drive and the distribdtion of funds received. -Mr. Merritt moved that the request be denied for'the following reasons: "The United Fund, or Community Chest as we know it fn Delray Beach, their solicitations and administration costs run about ten to twelve per cent of everything they take in. Everything else goes to those agencies that they are helping.. In this particular case, and they all vary, 61% of everything, they- take in goes to administration and solicitation0 and until this thing can be reversed at least, also the fact that they do not have any local organization whatever, there being no chairman, no president, board of directors or anything locally, and the' 'only time they set up an office o.f any kind is during the two weeks of 'their drive, 'I move. thei~ request be denied." During comments by the City Attorney he said that he did not believe there are any grounds for denying the permit at the present time, and it may be possible that those conditions of a functioning local organ- ization could be written into the ordinance. The City Attorney continued: "The thing, that I am afraid of is that you get'into the situation on these charitable organizations where they are treated under the law as an individual, and I am afraid if you deny them their right, then the Councilmen can possibly be personally liable as well as the city being liable. I certainly agree with Mr. Merritt's -9- 5-22-67 :t04 aims and ideals, but Idon't believe the Ordinance is presently .writ- ten SO that you can deny them, I think you can limit them to a certain period, and I hope-that ~sometime before next year that we will have a way of limiting the amount of money spent for administrative costs., The motion made by Mr. Merritt died for the lack of a second. Mayor Avery relinquished the gavel to Vice-Mayor 'Jurney and moved that the request be approved subject to the National Sclerosis Society com- plying With Article III of Ordinance No. G-550, which, in part, requires the applicant to publish, in a newspaper of general circulation within the City, its application to solicit, as submitted, and ~inan¢ial state- ment reflecting the collections of its 1966 Drive and the distribution of funds received. The motion was seconded by Mr. Croft, and upon call of ro11, Mr. Croft, Mr. Jurney and Mayor Avery voted in favor of the motion, and Mr. Merritt was opposed. 9.e. Regarding a report from the City Engineer, dated May 17th con- cerning sidewalk improvements on Venetian Drive, the City Clerk in- formed Council that it is reconunended this rep~..rt be tabled for dis- cussion at the next workshop meeting, along with possible sidewalk installation on S. E. 3rd Avenue as well as Ocean BouleVard. It was so moved by Mr. Croft, seconded by. Mr. Jurney and unanimously carried. 10.a. Col. Clarence Bingham, representing the V. F. W., invited the Mayor and Councilmen to take part in the Memorial Day Parade on Tuesday, May 30th, starting at 11200 A.M. on West Atlantic Avenue near the Fire Station. 10.a. Mrs. Dorothea G. Montgomery said that she thought Councilshould request that the newspapers publicize the proper way to display flags on Memorial Day. 10.b. Concerning an existing balance of monies for disaster aid, City Clerk worthing reported as follows: "Mr. C, J, ~anson reported to Council, at its last meeting, of an existing fund,'on deposit in the First National Bank amounting to $437.00, placed therein by Mr. Charles Senior and Mr. King Cone in February, 1950. The account was in the name of 'DelrayBeach Disaster Comittee', and appears to have been the result of private collections and donations as a result of Committee Members endeavoring to create a fund to aid individuals and ~ropertyharmed by disaster. Search of city official records discloses no participation nor endorsement of such activities, and, therefore, it is believed the City has no right, interest nor jurisdiction relative to such existing funds. It may be the pleasure of Council to express no interest in the dispostion of the fund balance inasmuch as the City government did not .participate in its creation, however, as said monies apparently were collected solely for disaster aid, Council may desire to suggest such fund balance be offered to the City for augmentation of the 'Disaster Fund'" Mayor Avery said that the Police and Fire Benevolent groups are certainly the people most concerned with disaster, and suggested that it may be in keeping with the purpose for which it was donated, and be proper for saidmoney tO be divided betwee~the..~Bol{ee, and. Fire~ Disaster Fund. City Manager Gatchel said this is only a suggestion, in the event it is Council desire to make any suggestions in addition to the One made by Mr. Manson that the money go to the Library Association. Mr. Croft moved that Council suggest the existing disaster aid fund be divided between the Police and Fire Disaster F%tnds andthat the City' Manager send a letter claiming no interest as far as the City is concerned, and informing Mr. Manson .of the suggestion of Council. The motion was seconded by Mr. Merritt and carried unanimously. -10- 5-22-67 I O5 10.c. The City Clerk informed Council that concerning Resolution No. 11-67, relative to the need for-{urther financial aid in combating Beach Erosion, submitted to Council this evening, approval is requested for an additional $100, contributi0nal aid to the Florida. Shore & Beach Preservation Association in .its intensif, ied effort to obtain legislation and appropriation for S'tatewide Shore and Beach,protection, and author- ization for transfer .of such amount from the General Fund Contingency account. It was so moved by Mr. Jurney, the motion being seconded by Mr. Croft and unanimously carried. 10.x. City Clerk Worthing read the following letter .from Mrs. Joseph D. Acheson, Corresponding Secretary of the.Home and School Association of St. Vincent Ferret, dated May 18th: ",We are asking your assistance in providing a school safety light, for the, protection of St. Vincent Ferret school children traveling on N. E. 8th Street en route to and from school. We are particularly concerned with traffic traveling West, after crossing the 8th Street,bridge. A school safety light would warn motorists they are entering a school zone, as the situation stands now, motorists are already half-way into the ,zone before., realizi!lg~ it a SCHOOL SAFETY ZONE. The Ho. me and Schqol Association of .St..~incent F,errer "] school,. 'as[Well as' ~the par~'~tS Of ,these'ichild~:en 'are. ' 6erned With. their%Safety,.~ as N..' E. 8th. Str&et'becomeS' :..:.--m~re heavily: toni'es'Ced ,ach_.yearl ."'It iS our sin-'Cere ' ' 'h._,.ope that the' City of Delray Beach' will provide' thi-s. protection'in time for" school in..Sep, tember." "'The City Clerk Said tha( it is Suggested this .request be referred tO the'citYlManage= .for study,, estimat;ed cost and 'recommendation there- on to be' submitted for Counsil consideration at its next regular meet- ing. It, WaS so moved by Mr. Croft, ,-.seconded hy Mr. Jurney and unani- mously carried. ' lO.'x. Regarding 'the proposed Reserve Annexation Bill to be submitted to the Legislature, City Manager Gatchel sa~i,d he believes all Council-. men are famili'ar with the map. sent around to each of them last Friday showing the boundary line that B0ynton Beach would agree to; further, that the line has now been surveyed by registered land surveyors, and it is his Understanding .the map and necessary, letters, the legal de- scriptions, etc., were det'ivered here to the City Hall just prior to this meeting. The City Manager said the legal, description would be given to City At.tor~ey Adams so Chat.he may draw a bill on it, and Delray Beach would then provide .the City of Boynton Beach, as agreed by Council, with a copy of .the map with the line dr&wn on it, and with the seal of the registered 1.and surveyor and the s.eal of the C~ity, of Delray Beach, as being the line that will be requested in the Legislative Bill, and the C'ity of Delray B~aCh will ~h~n'get a letter, of approval from BoyntOn Beach. He said it is his belief that June 2nd will be the closing date of loch1 legisl'ation to be considered by the State LegislatUre, and it will probably be necessary for someone chosen by Council to take said propoSed bill to Tallahassee for presentation. Mr. Jurney moved that Ci, ty Manager Gatchel be delegated to make the trip to Tallahassee with the Bill for presentation. Mayor A~ery said that the City Manager is delegated to take said Bill to Tallahassee for presentation, and that he feels the Councilmen should also make the trip if possible. 10.x. City Manager Gatchel referred to a letter from the Parents Committee of the Florida School for the Deaf and the Blind of St. Augustine, Florida, dated May lith', asking that the State Senators ahd representatives be written to immediately advising them of the financial problems of the school and asking support for an appropria- tion for the school that will' ~assur'e ~hose Children of adequately trained teachers. The City Manager said that one'o{ the CoUncilmen is particular.l~ concerned about this school,~and if Count{1 is-desirous of sending a letter of support that he would be glad to forward it. There was discussion, but no-action taken on the letter. 10.x. city Attorney Adsms informed Cou~Ci~ that the City is being sue~ regarding the recent rezoning of the Roig prol)erty in Block D, Palm Beach Shore Acres, and that he assumes it sh0uld be defended as any other law suit. The Counc£1men expressed their desire that the City Attorney defend the-City in said suit. 10.d. City Clerk Worth~ng presented Bills for Approval as follows: General Fund $70,335.85 Water Operating & Maintenance Fund 4,538.07 The bills were unan~nously ordered ~aid,' on' mot~0n by Mr. Jurney and seCOnded by Mr. Merritt. The meeting adjourned at 10:05 P.M. R. 'D~ WORTHING City Clerk .APPROVED ~ -I2- 5-22-67 106-A CITY OF DELRAY 'BEACH, .FI~3RIDA0. PROVIDING' Foa ~-XCHAN~ oF CITY OWNF~ ~LA~DS F0a - LANDS OWNED BY'PRIVATE PARTIES. WHEREAS, the City of Delray Beach, a municipal cor- poration, is the owner of the following described lands, to wit: Lot 7, Block 87,. LINN~S ADDITION TO OSC~OLA PARK, Delray Beach - Pla~ Book 1, page 133 in the Public Records of Palm Beach county, Florida ~ which lands, in the opinion Of the City Council, are not needed for municipal purposes; and WHEREAS, JOSEPH W. GWYNN and ANN T. GW~, his wife, are the owners of the following described lands0 to wit: The West 50 feet of the South 135 feet of the Southwest OUarter (SW%} of Lot 5 of the S/D of Section 8, Township 46 South, Range 43 East, Delray Beach, Palm Beach COunty, Florida, per-Plat Book 1, Page 4~: which lands the City desires to acquire Eot municipal purposes~ and W~I~RAS, in the Opinion of the City CounCil, it is for the best interests of the City that the la~ds above described own~ by it be exchanged for the lands above described OWned by JOSEPH W. GWYNN and ANN T. GW%~N, his wife~ and WHEREAS, a notice setting forth the terms and tions Of the above· described eXChange of 'real property was pub- lished once a week for t~o weeks in' the DelraY .BeaCh NeWs-Journal as required by Section 7 (2) (b) (!). of the Charter of the City of Delray Beach, NOW, TTIEREFORE, BI~ IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY ~ACtt, FLORiDA+, 'aS FOLLOW~: ' · - 1. That the above described parcel of land owned by the City of Delray Beach, not needed for municipal purposes, be exchanged for the property .descried herein and owned by JOSE~ W. GWYNN and ANN T. GWYNN, his wife. PAS~D AND ADOPTED Sn regular session this 22nd day of May, 1967. _/_s/ A~. C. Avery MAYOR ATTE sT: 106-B :~ RESOLUTION NO. 11-67. A R~SO~.UT~ON OF TH~CITY COUNCIL 0P T~ .CI~ OF D~Y.B~, F~RIDA~ ~TI~ GO~R TU~ ~ ~PPORT ~FI~CI~-~$ ~SSARY ~ U~AT ~'~. 'EROSION PROBL~ ~O~- ~ O~ COAST~ ~AS OF ~'~STATE ~S, ~e $~te of Florida loses each year 500 acres ~re or less of valuable premi~ priced shoreline; and ~S, ~ .los~ prime recreational areas-at a ti~ whe~ ~ are press~ fr~ other 4imections ~ p~vide ~re recreation1 area for the increasing ~pe~nent population and tourists; and ~s, ~ ~y los~ the protection o~ many mill~°n dollars of improve~nt located along ~e shoreline in ~e event of the striking of severe hurri~ne s%o~s; and ~AS. ~ are in danger of losing the one ~t~al resource ~at has contribut~ ~e most eider directly or i~!rectly to the eeon~y and image of ~e S~te o~ Florida;' and ~AS, ~e City of ~lray Beach ~s the installation of over twenty-eight hundred feet of interlocking: Concrete Block Revetment ~11 for protecti~ of a. ~rtion of its ~aches; and ~s, it is ~e desire of ~e City Co~u~l tO provide for f~er such t~e Revetment Wall ins~lla~ion for ~e City's remain- ing unprotected munici~l beach pro~rty; and ~AS, the 1965 legislature appropriated $% million to ~e Erosion Control Account~'whl~ ~unds ~re administered by the Board of COnservation by ~ntribut[ng to. rd active ~ach erosion projects on a state-wide basis; and ~AS, the University of Florida ~par~nt of Coastal and Oceano~aphic Engineering stands ready as the State's technical erosion research force to investigate ~e causes and solutions bf beach erosion; and ~AS, ~is' City Co~cil r~alizeS that great strides in ~e field of beach erosion c0nt~1 'have ~n ~de, but ~ese strides though ~rthy wiIL ~ mganingl~ss .unleSs ~urther action is taken f=om this day fo~d." : .......... NOW, ~~,' 'B~' IT ~SOL~D By'~ CITY ~CIL OF ~ CITY Sectio, 1~ ~alize a~-~d~sta.~ ~at ~is~ is ~e time and place to give beach e~sion problems of %he ~tate of Florida their proof priorit~ among ~e other well established financial needs the state. Section, ~:, Approp~ate ~e maxim~ amount-of f~s ~ich .~n be adminis~erea~ efficiently and effeCti~ely ~er the ErosiOn ~ntrol ACcOUnt J SeCtion 3=. Es~bl~ and carry on'~fu~ther co~rehens~ve re- Search p~rams to ~nvestigate ~uses and solutions to beach erosion. Section 4: ~e ~rd of ~nservat~on be char~ed.wi~ ~ respon- sibility and be provided w~ funds to resolve ~e problems at-our coa~sta I inlets. PASSED A~ ~P~ in regular session ~is ~e 22nd day 0f ~y, 1967. /S/ Al. C. Avery /s/~. D. Wo, r?k%n~ ....... R~SOLUTION NO. 10'67. 106-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING-~NCES UPON CERTAIN LANDS LOCATED' WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND .LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the~ City Council of the City of Delray Beach, did, in ~qular //W~/~//////.///?/sess~On held on the 9th of J .a~.uary, 13th o..f Febr~a.ry.. and !.3~th ...o.~ March~ 1.9.67 declare the existence of a nui- sance upon Certain lots or parcels of land, described in a list sub- mitted to them, for violation of the provisions of .Ordinance G-147; WHERKAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of' the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City CoUhcll would have it done, and the cost thereof w0uld be levied as an assessment against said property: and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respectiv~ lands within the time pres=ribed in said :~otice and Ordinance G-147, and the City of Delray Beach was required to an~d~d enter upon the foil-owing lands and incur costs in abating the nuisanCe existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beset, )%as, pur- suant to said Ordinance G-ld7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- Cels of land described in s~id report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels of land..described in said report, of the same nature and to the same extent as the lien for general =ity ~caxes and shall be col- lectible in the same manner and with the same pena!ties and under the same provisions as to sale and foreclosure as city taxes are collect- ible. 2, That the City Clerk of said City shall, as soon as ~ss~ble after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notiCe that the City Council of the City of Delray Beach, did, on the 9th of January; 13th of February & 13th of March, 1967 order the abatement of a Certain nuisance existing on their described property and property owner having failed to abate such nuisance, within the 30 .day period, whereupon it was abated by the City at costs ~hown ~n said Neport and such assessments shall be legal, valid and ~binding obliga~ions ~pon the property against which said assessments are~ levied. This =re. solution shall be ~cpme effective 30 days from the da~e of adOPtien, and the assessments contained herein shall become due and payable thi~4~y days after the mailing date of the notice of said assessment, after which interest shall accrue a~ the rate of 6% per annum on any Unpaid portion thereof. PASSED AND ADOPTED in reqular session o~ the 22nd day of ,~ . , A.D. ATTEST: /S/ Al. C. Avery MAYOR ~/S_~ R. D. Worthing ~106-D COST OF ABA~ING NUISANCESUNDER ORDINANCE NO. G-147. PROPERTY DESCRIPTION ~' OWNER ASSESSMENT January 9, 1967 list. Lots 2 thru 5, and South 23.47' of Lot 6, Clarke Runge Addition. Fairfield Apts., Inc. ~60.00 F~bruary 13~. 1967 list. Lo~ 21, Block B, 'Tourist~Nook. Russell E. Brown $45.00 Lots 10, 11 & 12, Block 65. Maisie E. Buerk $48~00 March' 13~ 1967-1ist. Lot 12 & East 16 feet of Lot 11, Crestwood. J.A. & G. V. Milch $72.50 lo6~ ORDINANCE NO. 14-67. AN ORDINANCE OF TH~ CITY COUNCIL OF THE C~TY OF DELR~Y~B~A~/4, ~'~LORIDA, R~ZON~NG AND PLACING THE SOUTH 400 FEET OF NORTH 4,680 FEET OF SECTION 21, TOWNSHIP 46 SOUTH, ~ 43 'E;~ST, LYING EAST OF STATE ROAD AIA, DE~RAy BEACH, F~ORIDA IN "R-3 ~, TIPL~. FAMILY DWELLING DISTRICT" AND AMENDING "~.,ONING MAP OF DBLRAY 'BEACH, FLORIDA, 1960". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY. BEACH, FLORIDA: SECTION '1. ,That the following described property in the Cityof Delra~-Beach,'Florida, is .hereby rezoned, and placed in the "R-3-Multiple Family Dwelling DiStrict" as fined by Chapter 29 of ~he Code of Ordinances of the City of Delray Beach, Florida, to-wit: The South 400 fe~t of North 4,680 feet of Section 21, Township 46 South, Range 43 East, lying East of State Road AI~, D~lray Beach, Florida, SECTION 2. That the Building Inspector of said City shall upon the effective date .of this Ordinance change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section,1 hereof. PASSED in regnlar session on the second and final reading on this the 2~nd day of May , 1967. ! /S/ A%, C, Ayqr~ MAYOR, ATTEST: /S,/ ~, D. wgrt~n~ City Clerk First Reading April 24, 1967 Second Reading ..Ma~ 22, 1967 · 106-~ ORDINANC~ NO. 15-67. AN ORDINANCE OF TH~ C'$T¥ COt;NCIL oF T~ ~ P~CI~ ~S 265 ~ T~ 281, TROPIc. BE IT ORDAINED BY THE CITY COUNCIL 'OF THE CITY OF DELRAY BRACH, FLORIDA: SECTION 1. That the following described property in the City of Delray B~.. ach, Florida, is hereby rezoned, and placed in ~the "R-3 Multiple Family Dwelling District" as de- fined by Chapter 29 of the Code of .Ordi~ances~of the City of Delray Beach, Florida, to-wit: Lots 265 through 281, Tropic Palms Subdivision, Delray Beach, Florida, according to Plat Book 25, pages 99 through 102, Public ReCords of Palm Beach County, Florida. SECTION 2. That th~' 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 final reading on this the 22nd day of May , 1967. /S/ Al. C. Avery . . MAYOR ATTEST: /S/ R. D.~Worthing City Clerk First Reading ,,April 24, 1967 Second Reading May 2_2, !9,67 106_~ ORDINANCE NO. 16-67. AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .DELRAY BEACH, FLORIDA, AMENDING SECTION 29-7 (B), CHAPTER 29 OF THE CODE OF-ORDINANCES OF THIS CITY PERTAINING TO CONDITIONAL USES IN THE R-3, MULTIPLE FAMILY DWELLING DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY TX CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. Section 29-? (B), Chapter 29 of the Code of Ordinances of the City of Delray Beach be an~ the same is hereby amended to read as follows= (B) ~ SPECIAL :'EXCEPTIONS Same as Section 29-4 (B) (CONDITIONAL USES) for the R-1AAA and R-1AA Districts with the following additions: (1} Clubs for fraternal, recreation, athletic or social purposes, m~intained by membership organizations in which lodging and meals may be served to members or their guests. (2) Nursing or convalescent homes, hospitals and clinics. (3) Cluster DeveloPment. Any review of an application or plan shall be con- sidered as prescribed in Section 29-7.5%. SECTION 2. That if any Word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of 'competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final read- ing on this the 22nd day of May , 1967. ~ /S/ .Al. C. ,Avery MA~OR ATTEST: /S/ R~ D. Worthing City clerk First Reading .April 24, 1967 Secon~ Reading. M~¥ 2.~ 1.9.67