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06-27-66 JU~E 27, "1966. A regular meeting of the City Council'of Delray Bea~ch was lheld, in the Council Chambers at 8:00 P.M., with M~yor' Al. C. Avery ~n the Chair, City Manager David M. Gatchel,. ~ity Attorney'J6hn Ross Adams, and Councilmen J. LeRoy Croft, James H. Jurney and George Talbot, Jr. being present. 1. An opening prayer was delivered by the Rev. J. D. Edwards. 1.a. The Pledge of Allegiance to the Flag of the United Stakes of America was given% Mayor Avery announced that Councilman .Jack L. Saunders is ill and a patient in the Bethesda Memorial Hospital. 2. The minutes of the regular Council meetihg of June 13th, 1966, were unanimously, approved, on motion by Mr. Croft and seconded by. Mr. Jurney. 3. Mr. W~. E. Wa~lsh, 820 N. E. 1st .Court, informed COuncil that a con- dominium building had been built to the south of his home a 'uouple of years ago, and that sixteen three-ton air conditioners had been in- stalled therein= further, that said air conditioners operate twenty- four hours a day, that they are defective, and are a continuous dis- turbance. City Attorney Adams r~c0mmended that this item he re~erred 'to the City Manager; however, such nuisances should be treated uniformly over town, as such conditions exist all over town. Mayor Avery referred to a similar complaint he had received from one of his neighbors in the northwest' section of town. and suggested a motion that this be referred to the City .Manager with the'direCtive'to him to see that the nuisance is abated. It was so moved by Mr. Jurney, seconded by Mr. Croft and unanimously carried. 6.b. The Councilmen agreed to.consider Agenda Item 6.b. at this time in order that ArChiteCt Kenneth Jacobson could attend the LiOns Club installation of officers. City Manager Gatchel reported to Council as follows concerning the proposed contract for construction of the Adult Recreation Complex: "As recently directedby Councii, 'certain changes in the plans and specifications have been accomplished through the efforts of Mr. Wm. Q. Hays and Mr. Kenneth Jacobson, resulting in a revised bid from Mr~ Hays in the amount of $78,655.50 for construction of an AdUlt Recre- ation Complex. Council consideration is requested relative to Possible o~ission the folding door, which,., ifapproved,.would result in an additional de- duction of $987.17. Authorization is requested.-fo~ exeCUtion by the proper officials of a contract with the William Qo Hays Construction Company for construc- tion of the Recreation Complex, subject to Council determination re- lative to the folding door. The contract has been prepared by Mr. Jacobson and Mr. Wm. Q. Hays and delivered to City Attorney Adams for his consideration of ~t, so .that he may advise you members of the Council." The City Manager informed Council that a Resolution had be~n deliver- ed by some of the participating organizations requesting that the fold~ ing door'be left in the contract if at all possible. Mayor Avery pointed out that if th~ contract for said buiXding is let in the amount of $78,655.~0 there would need to be some assistance in furnishing'the building by the organizations using same, as most of the money designated for furnishings would be used for construction of the building. Following discussion and review of the revised building plans, Jurney moved that the revised plans and specifications .be. approved, and that the proper authorities be authorized to execute a contraot with '' -1- 6~27-66 134 Wm. O. Hays in:the a~ount of ~78,655.50. The motion u me seconded by Hr. Croft and ca,tied unanimously. The Council vms informed that f~e contract is for 141 days which would make the completion'date in November. Mayor Avery complimented the Committee that worked on this Adult Recreation Complex and asked that a letter of thanks from the Council be sent to each individu~l member of said committee. 4. A roll call showed the following Civic Organizations and repre- sentatives to be in attendance: Breezy Ridge Estates Mr. John Sword Board of Realtors Mr. Andrew Gent V. F.W. Col. Clarence Bingham Business & Profess£onal WOman's Club Mrs. ClarenCe Bingham Senior Citizens Col. Lawrence Everett Shuffleboard Club Mr. James Cassel Beach Taxpayers League, Inc. Mr. J. Watson Dunbar Palm Beach County Resources ~evelopment Mr. Cecil Farrar Board. Lions Club Mr. Kenneth Jacobson 5. City Clerk Worthing read the followi~etition, =~a~ed June 22nd, 1966, and signed by fourteen residents of S~ W. 11th Avenue: "The undersigned residents of the City of Delray Beach, Florida, wish to give a written peri:riCh of complaint against a certai~ male dog, black and brown in color, and approximately three years old. 'Hi~ owners are ~Butch~ and Priscilla McGowan and they live on S. W. llth Avenue. This dog has bitten at least 7 (seven} children0 and possibly more. This dog is a menace to our block and our City." City Attorney Adams recommended that this petition be referred to the City Manager to be handled in accordance w~th Chapter $ of the Code of Ordinances relating tO vicious'dogs. Mr. Croft said he had received complaints northwest section of town regarding v~cious and. he understands dogs are a nuisance al~ over ~own. ~Ir. Crof~'~ested that something be done about.~(~ha~ problem all.over town instead Of just in certain areas. City Manager Gatchel ~nformed ~oun~il that the new ~'~ po~ was completed during the pae%~week an~'is nowready for us~. That~l~s facility was patterned a~r the Animal Rescue League facility ~n West Palm Beach, and is located west of the City garage. F~rther, t~at an announcement will be made to the public in thc Delray BeaCh Ne~s- Journal this week that impounding of stray dogs wtll'be '~tart~d.~Satur- day, ~uly 2nd, by the Police Department, and processed acQording to the procedure set' up in Chapter 5 of the Code of OrdinanceS. Following discussion, Mr. Croft moved that the complaint ~ the people in the northwest section of town, also the petition received, be referred to the City Manager and that he be instructed to contact those people and take whatever action is necessary to give them the relief that they request~ further, that additional legislation be re- commende~'if there is no relief from the s~tuation. 'The motion was seconded bye. Jur~ey and carried unanimously. 5. CityC~erk Worthingread thefollowing letter from the South Palm Beach County Soap Box Derby, dated JunelSth, 1966, and signed by Mr. Norris Saltsman, Director: "We would agaln like~o· tha~you for yoUr eity~.s, cOopera~°n i~ the. 1965 Soap Box De~by.' 135 The 1966 Derby ~s Just around the corner and we look forw~r~ to your continued support. As you probably remember, the City of Delray Beach last year donated a $$0.00 Savings Bond and a trophy. We are asking this year, on behalf of the. South.Palm Beach Coun~ ty Soap ~Ox Derby, for a donation of $57.50, $3~.50 for the Bond and $20.00 for the trophy. Thanking you in advance for your cooperation." Following discussion, Mx. Croft moved to m~ke this donation of $5?.50 and that the money come from the Contingency Fund. The motion was seconded by Mr. Jurney and carried unanimously. 5. City Clerk Worthing read the following letter from th® Delray Beach National Little League, dated June 15, 1966, and signed by Mr. Thomas J. Eckel, President= "The Delray Beach Nationa~ Little League is in full swing-with over 200 boys between the ages of 8 and 12 partic~pating in a program of organized baseball. As our community grows so do the problems concerning the?peration of our League. Each year sees more an~ more youngsters desirous of enjoying the benefits of the wholesome sport of baseball. _We accommodate these boys by oper- ating 114 ball games, per season, on the American Legion Little League Field. Our f~ends of the Legion are hard pressed to main- tain this field in good condition due to the fact that it rests only On Sunday. You can well imagine that this heavy schedule of games leaves only limited' opportunity for practice on the field. It is the problem of our'28 voXunteer coaches to find, if0r them- selves and their teams, adequate space in which to hold practice sessions. To my knowledge there is no improved ground available for this purpose within the city limits of Delray Beach. These fine men teach sportsmanship, discipline, teamwork, and She funda- mentals of baseball on lots where a ground ball may dart like ~ frightened rabbit, seeking.refuge. A rece~trash of training field injmries, two of ~ rather serious nature, can be traced to the proper ground on which the boys must play. Considering these facts, I feel that the city of Delray Beach should shoulder some ~responsibility in regard to the-facilities'. available to the youngsters.of our community. Please take under consideration the possibility of the Department of Public Works preparing a minimu~ of three such areas.to be available for the beginning of the. 1967 baseball season (Apri'l 1, 1967). Basic specifica~ions for.a practice field might be,:simply, a well-drained durable surface, such as marl, of 175~ by 175' mension. we of the Little League organization are s~vR~e~yhampered by the dire need for ~ractice fieIds. Please help us in our endeavor to provide wholesome, beneficial activity for young boys in their most formative years." . Mayor Avery said that new bali fields are be!~gprepared~.bythe~.City and that th'is letter should be referred to the City Manager, ~.$ch was done with Council agreement. 5. City Clerk WOrthing presented a request from the Delray~eachNa- tional Little League to solici~ funds, door to door ~n JUly 9,. 19616, to prowide e~u'~ment for' their program~ further, that said request has been refer~ed to the Chamber of Commerce-screening committee-and they recommend that ~he request be .gr~nted. -3- 6-2'7~6.6 Mr. Croft moved that said permission for solicitation be granted for the ~ntire weekend of July 9th thru llth, the motion being second- ed by Mr. Jurney and unanimously carried. - 5.a. Mr. Jurney said 'that at times the Police Department and the duties they fulfill are taken' for granted by the residents of Delray . Beach. 'He then recalled an incident of approximate,ly a week ago where Lieutenant James Grantham and Officer Harold Michael had confiscated a gun from a negro man in the western section of town in a matter of very few minutes after two shots had been fired from the gun. Mr..Jurney asked that Lieutenant Grantham, Officer Michael and Chief Croft be commended for the fine work that is done by the Police Depart- ment. Mayor Avery asked that the City Manager see that the individuals mentioned are commended through proper channels. 5.a. Mr. Talbot said that he had been attempting, since 1959, to have a comprehensive city wide ma~ter plan for storm drainage, and referred to a letter of May 24th~ 1966, from Russell & Axon concerning drainage. He then read the foll~g excerpt from said letter: "It is my under- standing that there is Reed at this time for comprehensive city wide master plan for storm drainage, street improvement ~nd sidewalks. If this is true,' the Council should he aware of the ~a~t that the Federal Government, through the ~ousing and ~rban Dsvelop~e~,% in Atlanta, are in a..p~sition 'to finance such studies ." Mr. TalbOt said that his intent at this time is to bring said letter to the attention of the City Manager so that it may 'be on the agenda of the next Council meeting for consideration. $.a. Mr. Talbot referred to the 'Beach Revetment Project, and asked that the City Manager read the latest weekly report on same from City Engineer Fleming, which is as follows: "Project Starting Date - May 14, 1966 Scheduled Completion Date - August 11, 1966 Lapsed Time to Date of this Report - 42 days or 46.6~ of Total Time To date 5,417 of the required 20,000 waffle slabs have been pour- ed, equaling 27.1~. 100% of the toe-wall panels have ~een poured. One and three-quarters return walls have been constructed. One hundred thirty-eight H-piles have been driven and about seven hundred fifty lineal feet of the toe wa1! slabs, equaling 25% of the total number have been. driven t6 the required grade. In addition, 176 waffle' Sections have been laid on the prepared filter-be~ and fabric to grade. In accordance with my rough estimate, the WOrk described above represents about 24% of. the total work requi~ed in this project as against 46.6~ lapsed time as above noted. It should be noted, however, that the total work accomplished has more than doubled from the time of my~ June 10th report, two weeks ago. I feel that this step-up in production is very gratifying and a good indication that the job can be completed near on schedule. I suggest that a decision be given the contractor as soon as possible as to the northern limit of the construction so that he may be free to use his own-judgement in taking~ advantage of favorable weather condi~tions." City Manager Gatchel informed Council that following their request for a top-level conference regarding "the beach revetment work, same had been held; further, that top 1eve1 =~n£eren~ee had continued and would, continue on a weekly basi~; in'.~hi~ representatives of the City, Glace ~ngineering'~Orp., and the two contractors, Dickerson, Inc., and Murphy Construction Company would be present, and that these confer- ences have been, and will continue to be, very beneficial in the pro- gress of that construction. -4- 6-2?-66 5.s. Mr. Talbot recalled a trip to. Jacksonville, Florida, by City'. Manager Gatchel, Mayor Avery an~ himself for-presentation of a request to the Corps of Engineers for Federal assistance in the Cityts Beach Erosion Contro.1 Program.- Mr. Talbot expressed his displeasure at. the results of that request, as set.forth in the following letter dated June 20, 1966, from Mr. R. P. Tabb, Colonel, Corps of Engineers, Jacksonville District= "This is in reply tO your letter of 15 March 1966 in which you request Federal participationin..a local shoKe protection, project at De!ray Beach, under, the terms of the authorized Palm Beach County Beach Erosion Control Project. After careful consideration'by this office and-higher authority in the Corps of Engineers, it has been determined that the pro- posed beach fill by the city does not constitute a minimum part of the authorized project-for-which Federal aid could be furn£sh~ ed. The minimum segment thatcould be considered for separate construction under the authorized project for the ~each .between South Lake Worth.-Inlet and ~oce Raton Inlet is the-5.7-mile reach which includes the City of Delray Beach. The negative reply to your request-is regretted. However, the technical, functional, and.economic a.~pects of beach erosion and its control necessarily dictate that remedial works be on a broad, comprehensive basis. · Exhibits 5 ann 6 which were submitted with your le~er are return- ed as requested? ' . 6.a. Concerning a 'surve~ of parcels of land.in violati09 of the city nuisance laws presented by the City .Manager, ,Mr. Croft moved that the City Clerk be directed to proceed with the enforcement of Chapter 15 of the Code of Ordinances. The motion was sec~nded-byMr.~Talbot and carried unanimously. (Copy of the nuisance survey 1.ist is attached to the official copy of these minutes.) Seeppa~e I~-A. 6.b. This item was considered.between recognition of public:requests from the floor and roll call of organizations. 7.a. City Clerk'Worthing informed Council cfa request .from-~Dr. Paul E. Demick for a change of zoning classification and conditional1 use of land, permitting a Medical Center, affecting. Lots i and..2,. B!ock.12, Dell Park 'S/D from. R~2 (One and Two Family D~elling District).to R-3 (Multiple Family Dwelling District). Further, that these lots are con- tiguous to a. tract of land com~ised of n~ne lots in said Block 12', Dell Park, on which Council recently approved a.si~ilar, zonin~ change, together~ith grant of conditional use for a Medical Center, and that Council may .deny this petition or refer same to the Planning/Zoning Board for~a public hearing-to ~ held thereon, to be folloWedby the " Board's reco~me~dation..relative thereto. Said request .wasreferred:-to...the Planning/zoning Eoar~?for Public Hearing and recommendation, on motion by Mr. Jurney and 'seconde~'byMr. · Talbot. 7.b. City Clerk Worthing reported to Council as follows concerning a request for extension of an ad Valorem tax moratorium agreement= petition has been received from Delray Land Development Company~ Ltd., Delray Estates, Ltd., Delray Industrial Properties, Lt~., Sherwood Park DeveloPers, Inc.~ and Sherwood Park ~uilders, Inc.,. owners of lands in the SHERWOOD PARK area, which,, when annexed in 1959 and 1960, included approxim~tely 800 acres. This tract of land .then became a.~part of Delray Beech by_virtue of. said annex~tions,~¢onsent for .which wa~sub- ject to a seven year tax moratoriumagreement,~ entered i~to~y the City and parties named hereinabove. The ta~ moratorium.on the.major portion of these properties expires this year, end ch..the ha_Lance ~of th~ lends (approximately 30%) ~n 1967. -5- 6-27-66 138 This petition requests an extension of the ad valorem tax moratori- um for an-additional five years under the same terms and conditions as contained ~n the original agreements, and such extension, for a period of five years, is recommended inasmuch as munic~pal services will not accrue to the !ands affected by such tax moratorium. Subject to Council acceptance of this recommendation, an ordinance will be prepared and submitted to Council at the next regular meeting to reflect such an ex- tension to the tax moratorium agreements." During discussion, Mr. Jurney said that he would not wa~t the grant- ing of an extension of this tax moratorium to set a precedent~ as he would not be in favor of granting an exteneion of time on the tax mora- torium in Tropic Isle. Following lengthy discussion, said request for extension of tax moratorium was' unanimously granted, on motion by Mr. Talbot and seconded by Mr. Jurney. 8.a. City Clerk Worthing presented RESOLUTION NO. 28-66. -A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATIN~ NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY= SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT A~D 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 T~E CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 28-66 and assessments are attached to the official copy of these minutes.) See page Resolution No. 28-66 was unanimously passed and adopted on this first and final reading, on motion by Mr. Jurney and seconded by Croft. 8.b. City Clerk Worthing presented ORDINANCE ~O. 32-66. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS I thru 22, BLOCK 3; LOTS I thru 22, BLOCK 6; LOTS 1 thru 22, BLOCK 8; AND LOTS i thru 11, B~O~K 9, DELRAY BEACH HEIGHTS EX, TENSION, SECTION "A"~ ALSO LOTS 1 thru 8, BLOCK 3, DELRAY BEACH ~EIGHTS EXTENSION SECTION "B": ALSO THE EAST 525 FEET M/L OF THE WEST 1039.51 PEET OF NORTH 554.77 FEET M/L OF LOT 19, SECTION 20, TOWNSHIP' 46 SOUTH, RANGE 43 EAST: ALSO THE NORTH 43S.91 FEET OF EAST 230 FEET OF WEST 1460 FEET AND NORTH 550 FEET OF EAST 250 FEET OP WEST 1230 FEET, ALL BEING IN THE NORTH ~ALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20; TOWNSHIP 46 SOUTH, RANGE 43 EAST: ALSO TEE NORTH 431.28 FEET 'OF THE EAST 520 FEET M/L OF THE WEST HALF OF LOT 27, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN "R-3' MULTIPLE FAMILY DWELLING DISTRICT", A~D AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1960"~ Mr. Jurney and Mr. Croft said that they are not in favor of rezoning land and it then lay idle, but desire assurance that the land will be developed following rezoning. Mr. Jurney said that he would-like to phrase a motion to the degree that when these people asking for a zoning .change present to the build- ing office a set of plans and a tentati~e ~tarting date, the Council, at that time, act on the rezoning. The motion was seconded by Mr. Croft. Mx, Art Sm'/th, Director of Planing, Zoning and Inspection, ex- plaice4 to Council that., from the standpoint of a planner, he does not recommend zoning of a piece of 'land because he thinks .someone will, or will not, profit financially, but that a piece of Iand rightfully de- serves, or doesn't rightfully deserve,' to be zoned R-3. Further: "It is'either within our comprehensive planning approach that this. area warrants R-3, or it does n~t." Mr. Jurney reminded ~ouncil of a drainage problem in that area of town that could become a more serious probl-em wi'th the b~ilding of multiple units' and sufficientparking area.for same, Mr. Smith re~inded. Council that he had suggested that the existing plat of the stIbject property be vacated and the property be-replatted under the existing subdivision ordinance which would give the City an opportunity to look at the dra.inage, streets, lot layout, etc. Following further discussion, Mr...-Smith'commented as follows: "I think this would be the best approach. I still recommend"that we place this on first reading and in the interim, before we have .the final hearing on it and make it official, request that they satisfy'the Council with s replat. If they don't;'you don't have to pass it," MX. Croft sa~d that on that basis he would withdraw his second to the motion made by Mr. Jurney, and Mr. Jurney then withdrew his motion. City Clerk Worthing reported as follows: "A..second reading could not be provided in thirty days and a re91at. There are too many mort- gages on these lands to obtain subordination in that period of time. Under no circumstances could this be handled legally, You couldn't accomplish an abandonment of that plat and provision for replatting the area in 30 days when this ordinance will come up for second and final reading on July 25th." City Attorney Adams. infO~med-Council that the second r'~aaing ~f Ordinance could be tableduntil such time as the petitioners'have com- plied with the request of the Council. ' Mr. Jurne¥ movedthat ordinance No. 32-66 be' placed'0~ first reading, subject to the_submission 9f an .acceptable replat of the property re- quested to be reZoned; The motion was seconded by Mr.'Cr0f2 and car- ried unanimously. 8.c. City cl~rk worthing presented ORDINANCE NO. 35-66. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, 'LICENSING AND REGULATING TH~ BUSINESS FO~V~OLATION. '(C6py of .Ordinance No. 36-66 is attached'to the official C6p~ of these There.being no objection to. Ordinance No. 36-66, ~id 0~dinance was ~nanim0usly passed and-adopted on this-second and finS! reading, on motion by Mr-. Jurney and-seconded'byMr. Talbot. 8.d. City Clerk'Worthi~g presented ORDINANCE NO~' 41-66.:': AN' ORDINANCE -OF~'*THE CITY. COUNCIL OF 'THE CITY OF DZLRAY · SE~CH. FLORIDA, ~NDING SECTION 29-1~, cI~A~TER~ ~ ~ODE 0~ O~I.~NCES OF SAID-CI~' ~ERTAI~I~G.',TO THE';~E=. ', ~FZNITION O~ THE TERM "CON/~ERCIAL 'VEHICLE" - SAME IS USED IN T~E SECTION REGULATING THE P~RKING'~- STORING 'OR KEEPII~G OF CERTAIN COMMERCIAL VEHICLES W/THIN'THE.RESIDENTIAL DISTRICTS OF THE CITY OF .DELRAYBEACH. Ordinance'No. 4~66 was unanimously placed-on f~rst reading,- on motion by. Mr. Talbot and seconded by..~Ir. Jurney. .- 8.e. The City.Clerk. presented ORDINANCE NO. 42-66. AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .D~LBAY ~EA-CH, FLORIDA, AMENDING CHAPTER 29, CODE STRICTING ~ nOtATIOnS O~ 'GASOnIS~ n~D' OI~ STnTXONS OR SEaVZCE -7- 6-27-66 M~. Smith said the major thing this ordinance is based on is sepa- ration of pedestrian and vehicular traffic, .that he is not adverse to the ordinance, but ,having seen one of this type, around ?00 feet, in operation said that. it creates some unnecessary problems. Following lengthy explanation and discussion, Mr. Jurney moved that Ordinance No.-42-66 be re~erred to the Planning/~.oning Board, that a public hearing be held thereon and reco~mendations be made to the Council. The mOtion was seconded by Mr. Croft who suggested that the Planning Director and Board give some study and thought as .to what other towns are doing in this regard. Upon call of roll, the motion carried unanimously. 8.f. City Clerk Worthing presented ORDINANCE NO. 43-66. AN ORDINANCE OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 5-7 THEREOF PERTAINING TO .T~E PROHIBITION OF DOGS FROM CERTAIN AREAS OF PAUL S. /~ROWLES PARK. It was mentioned that such an amendment to the Dog Ordinance should cover all .o_ther public parks instead of just one area. Mr. Talbot moved,that Item 8.f. be referred back to the City Manager and that. an ordinance be submitted including all parks. The motion was seconded by Mr. Jurney and carried unanimously. 8.g. The City Clerk presented ORDINANCE NO. 44-66. AN 0RDIN~NCE ~F T~E CITY COUNCIL OF 'THE CITY OF DE1,RAY BEACH, FLORIDA, REZO~ZNG AND PLACING LOTS 637 thru 811, TROPIC PALMS SUBDIVISION, DELRAY BEACH, FLORIDA, .IN "R-3 MULTIPL~ FAMILY DWELLING DISTRICT", AND AMENDING "ZONING M~P 'OF DELRAY BEACH,, FLORIDA., 1960". The City Clerk then reported to Council as follows: "Ordinance No. 44-66 provides for rezoning Lots 637 thru 811, Tropic Palms Sub~ivi- sion, to R-3 (Multiple Family Dwelling District), as recommended by the Planning/Zoning Board following a public hearing thereon, held by the Board as directed by Council. The Pla~ning/Zoning Board, in its report of June ?th, submitted such recommen~ation with certaiB pro- visions., and the City Manager, as directed by Council at its last reg- ular meeting, is taking the necessarY steps to provide for proper and desirable development of the a~a in a manner as reflected on the architect's drawing submitted with the petition for such rezoning." City Attorney Adams explained= "I believe that he wants to place this Ordinance No. 44~66 on first reading and ~ believes that after it is placed on first reading that Mr. Mellon will get his group to- gether and meet with t_he Planning Director and at that time he would be in a position :tO recommend what t~e of restrictions would be ap- propriate. I believe he ~eels that this is the only way to get Mr. Mellon here ~ a meeting. Attorney Adams ~cl. it .could be P!~.=~d on first reading with the understanding that ~e 91arming DirePtgF and the City Manager meet with the developers and recommend appropriate restrictions which could be placed before the ordinance is passed on second reading.. Mr. Talbot asked if the Wa.~i~[. Agreement in Tropic Palms could be made an issue at such s Following discussion, Mr. Talbot moved that Ordinance No. 44-66 be placed on first reading with the understanding that the Planning Director and City Manager meet with the developers and recommend ap- propriate restrictions which could be placed before the ordinance is pasaed on second reading, that the City Attorney be included in said meeting ~long w!~,h, instructions that no action be taken un~il the Wa~er A~reement ~ed into in 1957 be abrogated. .The motion was 6-27-66 Mr. Smith reminded Council that one:of the recommendations of'the Planning Board is that the area be replatted i~ it is rezoned, and that stipulation was included in,the motion and second byMr. Talbot and Mr. Jurney. upon ca~l of roll, the motion carried [m~nimously. 9.a. City Clerk. Worthing presented the following Planning/Zoning Board report, dated June 22nd= "At a regular meeting of the Planning and Zoning Board held June 21st, I966 in the Council Chambers, a pubIi~ h~aring was held for consideration of a request for a Special Exception. to conduct a Children's Nursery School or Care Center on the follow- ing described property-located at 24'S. W. 8th Court.~ The West 50 feet of Lot 6 an~.Rast 20 feet of LotS, Block 3, BellviewManor Subdivi- sion, Delray Beach, Florida. The applicants, Yolanda Vazque~-and Dalia Ar~s appeared requesting the utilization of the property for aChild Care Center. The following persons appeared in protest stating it ~ould be detrimental to the neighborhood= Charles. Mozak, Helen Matteson, Aldo Gr~y, Earline Ball, Jackson Dedi, Mrs. James Crow and Paul Matwiy. After lengthy discus~i0n the Board felt that the s~e'~'~o~rty, nature o~ traffic faCili~es and character~sticS:0~ %~e hood d~d' not p~om~te this t~e of use. ~ne' ~o~in~'~o~":~il~' i~''~ based on a desired-density for the area and an excessive number of children and trafficon-a small 'lot-would not b~ '~"'ln harmony with the original intent and purpose of.~this district. The Board therefore' unanimously recommends to'the ·City. coUncil that the request be denied." The"Plann!ng/Zon~ng Board recommendation was-~animo~sly s~s%ai~ed in denying the request, on motion by Mr. Croft and seconded by Mr. Talbot. 10.x. City Clerk.worthing informed Council'that Senator. Holland had acknowledged receipt of Resolution No. 27-66 urging active, steps for conclusipn Of war in Viet Nam,' a~d-that the.'resolut~0n!WoUld'be"~rans_ mitted"t° the White HouSe for consideration. Mayor Avery informed Council that he had received a reply from Congres~msn Paul Rog~rs~concerning said Resolution, expres~$ng his appreciation, and his willingness to conform withwhat theCityhad requested. .. 10.x. C6ncerning the Sanitary Sewer Program in Area 22, City Manager Gatchel referred to.. letters.,, from Russell &AXon relative,tO gravity sewer installatio~ at the same ~ime that the force main system"iS'being installed.for the lift station in K nOWles Park.' . . : .... . . The C~ty Manager"reminded Codncif that they had made a determi~tion eartier'this'yearthat gravity sewers in that area would'n°t be' finan- cially feas~bleatthat~.time~' follow~ng a report from RUssell ~Axon, but that said area'~had~'~been restudied which has resulted in a lesser cost than originally anticSpated. City Manager Gatchel referred'to the'following letter from Russell &AXon, dated April 27, i966: '~SUbject: Sewer-Program·. Ares 22. ' - 1. The'Council has presently authorized the constr~c~i~n of a' sewerage system in Are~ 22 t~ serve the Fleetwing Marina. This SYstem consists of a single gravity line, a lift station, and a force main running North to Seventh Street. ' ' -9- 6-27-66 2. This means that we will have to dig up S. E. Seventh Avenue from Tenth' Street to Seventh Street in order to lay the force mai~. In the process, we wi~l pass 17 houses. 3.' The purPOse of this letter isto request consideration of the'council for the construction of a gravity collecting system in conjunction with the force main.. 4. There are. several good reasons for this request= a. The s%reet will have to be' dug up and repaved for the force main. b. The system now authorized will come closer to paying for it~lf with the addition of.. 17 houses. . c. The lift station wi11 have a more satis£actOry Operat- ing 6¥cle, with less chance of the sewage becoming septic. d. It seems to me that the property owners in the area ~ay object'to Seventh Avenue being dug up twice.. e. Due to 'the high water table a~jacent to the .Canal, Septic tanks are a continuing problem. f. we have a good =ontractor and good prices, and we probably never again will be able to sewer this area as economically. g, The lift station capacity is more than adequate to accommodate this area. 5. The cost of this system W°uld be $42,000. as now projected. This cost is predicated upon a line deep enough to eventually serve the unimproved area between 4th Street and ?th Street, by gravity. However, if we can assume that development Will. not take place for several years, we could raise the line to a depth of about ten feet, which would lower the cost of the line from 10th Street to 7th Street, by an estimated $12,000. 6. In the event that you concur in the above facts, it is re- quested that Council consideration be given to this problem." The ~ityManager then read a letter ~rom Russell & Axon, dated June 24th, as':follows: "Subject~ Sewer Program - Ares 22. 1. Reference is made to my letter to you, on the above subject, dated April'2?, ~966. 2. In Par. B of the ~eferenced letter, we estimated the cost of the indicated gravity system at $42,000. based upon bid prices in Area 22. Further studies and negotiations with the contractor, have ~de it possib!e to construct 'the gravity system for an estimated $30~000. 3. The estimated revenues from the 17 large houses in this area, and the two additional houses presently planne~, or under con- struction, are $1,200. per'year. 4, A~aitionally, i have~f0und-it possible to raise the gravity l~ne~)~erving the Marina ~l[ghtIY, which ~ill result i~ an mated saving on the contract cost of $1,500. It should be reslized that the ground water elevation in this area is less than two feet belOw the ground surface. This makes for difficult construction, but on the other hafid, .[~.~es septic 'tanks almost imPossible to operate and maintain. 5. While the above figures d~ not meet our established fo~ula, they do brin~ the cost-income figures into s closer relationship. 6. In view of the fact that the Council has previ0usly expres~- ed a negative view of this matter, these figures are pre~nted without recommendation." ~ollOwing discussion ~s to the cost of sewer..installation, and the financial feasibility, City Manager ~atchelwas directed to obtain firm figures on said project and present them to Council for termination as to whether or not the~ .would proceed with such instal- lation, it was pointed out that tim''Es an kmportant"factor at this time, a~d C~2~ Manager D&tChel isaid th~ h~ hoped to have definite figures by the end'of the week and would not£fy the Councilmen as soon as possible. -10- 6-27-66 10.xo City Manager Gatchel informed council that Russell &'Axon have made a-report on the fina~ estimates of-the six four-inch water test wells in the southern portion of-the City~ that said work ha~'been com- pleted according to p~ns and specifications, and asked that approval be given for payment in the amount of $3,195.00.~to Alsay Drilling Company for that work, subject to the.approval of the City Engineer. Payment of'said bill in the amount of $3,195.00 was unanimously ap- proved on motion by~r. Jurney and seconded by. Mr. Talbot. 10.x. Mr. Art Smith, Director of Planning, Zoning and Inspection in- formed Council that the Planning Board had held a special meeting on a site plan approval concerning Ocean Beach Lot 8 and the south five feet of Ocean' Beach Lot 7, amd read the following report: "At a special meeting of the Planning and Zoning Board held on June 24th, 1966 in the Council Chambers, a public hearingwas held for consideration of a request for a Special Exception for an increase in the height limit from forty-five (45) feet to ninety-six (96) ~eet-in an R-3 Zone at 200 North Ocean Boulevard: Lot 8 and the South 5 feet of Lot ?, Ocean Beach Lots North, Delray. Beach, Florida. Mr. William A. Gilroy and a.representative of Frank J. Rooney, Inc., appeared as proponents of the r~quest. NO one appeared in opposition. The Board reviewed the Sight plan in accordance with the City * Ordinance and unanimously recommends the plans be approved with the following Consideration% 1. A professional Landscape Architect be consulted for the landscaping of the property involved in the Sight Plan. 2. That the final lighting diagram be such as to prevent any excessive glare to surrounding property..* 3. That the building be moved from it's present position'on the sight plan as presented, approximately five feet south, thus leaving a set back of twenty feet from each side' of the property." Mr. 'wm. A. Gilroy said that the owners of the prOPerty accept the recommendation of the Planning Board. * ...... - City Attorney Adams pointe~ out that the ordinance requires that the property owners within a certain area be notified in a hearing of this type, and that. had not been complied with in this instance. Re then suggested that this item be referred back to the Planning..Board for another hearing, subsequent to notices as required in the ordinance, and a report made to Council~at their.next meeting. It was so moved, seconded and unanimously carried. 10.x. Concerning'the._three towns to the north of Delray Beach con- necting to the'City's Ocean 0utfall, Mr. Talbot askedabout getting the instal-lation of the force main. under way in order to take advantage of the drainage program for the Beach Rehab£1itation Program in con- ~ection with sewer funds. City. Manager Gatohel ~informed Council that the force main would be the result of a contract With Delray Beach and the three communities to the north, and it is-his understanding from Mr. Neff that the.three communities are in agreement in getting'their Attorneys with City Attorney Adams to draw.up the contract. The City-Manager said there had been.no date established as being a maximum date for that work, 10.a. City Clerk Worthing presented bills for approval as ~ollows: General Fund $ 58,943.48 Water 09e=at~ng and Maintenance ~.und 4,697.06 Sewer ~onst.ruction Tru st Fund The bills were unanimously ordered, paid' on mot.io~ by Mr. Talbot and seceded ~'y.' Mr. ~roft. The meeting adjourned at 10:23 City clerk APPR0%~D: -12- 6-27-66 141~-A PROPERTIES'IN VIOLATiOi( OF ORDINANCE NO. G~-147 AND SECTIONS 15-3 and 15-4 OF THE~'=ITY CODE. PROPERTY CITY OR~RER ADDRESS DESCRIPTION COD~ 1. Tom & Lizzie Taylor 600 S. W. llth St. North 50 .feet of 15-3 c/o Mary Golson Belle Glade, Fla. South 200 feet of & East 135 feet of 15-4 West 285 feet of , South half of North half of Lot 6, Section 17-46~43. (Maggie Rolle)' 2. Leonard Robinson 708 7th Street Lot $,' 15-3 West Palm Beach, A.J. Johnson S/D. & 'Fla. 33401 15-4 Melville L. & Susan P.O. Box 337 Lot 3, Block 6, 15-3 Bee Brown Delray Beach, Fla. Del-Ida Park 4. $. Kamikama p.O. Box 157 LOt 4, Block 6, 15-3 Boca Raton0 Pla.33432 Del-Ida Park 15-4 Violations 15-3 and 15-4 as concerns this report are.as follows: 1. 15-3 - trash and junk 15-4 - weeds and undergrowth 2. 15-3 - trash and junk 15-4 - weeds and undergrowth 3. 15-3 - low hanging branches 15-4 - weeds 4. 15-3 - low hanging branches 15-4.- weeds Submitted to the City Council by the City Manager on this the 27th day of June, 1966. RESOLUTION NO, 28-66. l~d~-B A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING 017~ ACTUAL COSTS INC~/qRED BY SAID CITY TO ACCOMPLISH SUC~ 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, ~s~.!~ Ilgggl~HIIIIIIIIIIsession he~d o~ the Z3~h o~ DecemBer, 1965 and llth of A~ril, ,,,19.6,6,, declare the existence of a nui- sance upon certain lots or parcel's'.°f land, described in a list sub- mitted to them, for Violation of the provisions of Ordinance G-147; WHERF~S, pursuant to such declaration, the CitY Clerk of said City did furnish each 'cf 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 Council would have it 'done, a~d ,the cost thereof would be levied as an assessment against said propertyl and W~EREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon 'the followi'ng 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 Beach, has, pur- suant to said Ordinance G-lO7 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 Bea0h, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said 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 city taxes and shall be col- lectible in the same manner and with,the same penalties 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 possible 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 l~th ef DecemBer. 1965 and 11th of order the abatement~of a certain nuisance ex~sting on t-heir- described property and P~opert~ Owner having failed to abate such nuisance, within the 30 day Period, whereupon it was abated by the City at costs shown in sa~,~ ~eport and such assessments shall be legal, valid and binding obl,~g~tioms ~pon the property against which said assessments ar~ levied,' ,~his r,~,s~lu, tion shall become effective 30 days from. the date of ~ti~n, .,a..nd, the assessments contained herein she11 become due j~,na P, ayab~e th~.~'tY days after the ~ling. date o£ %he notice of a~ a~se~t, a~te~ which~, interest s~a~l acC~ue at the rate of Ret a.~ on, a,~¥~'~pe~ ~o=~ion the=eof~ PA~S~D ~ND'~PTED ~n ,,~egu~la~ session o~ ~W ,.~ day of Ju~e, ..... , A';D, 19 6.~6. ' ATTE ~ /Sl Al. C. Avery MAYOR COST 01~ .ABA,~YNG NUTS, ANCES UNDER ORDINANCE TO. G.-I~.~. PROPERTY DESORIPTION OWNER ASSESSMEN~ Begim-38.5~ feet West ef South- David H. Annan ~.00 east oorner of North half of Lo.t 28 for POB, then run. West 200'feet, NOrth 135.06 feet, Eas2 200 feet, South' 135.06 feet to POB, Section 9-46-k3.- April 11, . 1966 list. Let 15, Blo~k'6~. Ruth E,~.~-Kammel $16.50 Lets 10, 11 & 12, Block 65 Malele E. ~erk $38.00 ORDINANCE NO. 36-66. AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, LICENSING AND REGULATING THE BUSINESS OF REPAIRING MOTOR ~EHICLE$! AND PROVIDING PENALTIES FOR VIOLATION. WHEREAS, the places where motor vehicle repair busi- nesses are carried on within the City of Delray Beach sometimes are, or in the .future may be littered with refuse or debris or used unlawfully as repositories of partially dismantled, non- operable, wrecked, junked, or discarded vehicles, thereby crc, ating conditions which tend to attract children and endanger their lives and health; increase vermin and noxious weeds; spread disease; invite plundering; attract vagrants; create fire hazards and other safety and health hazards; create, ex- tend, and aggravate urban blight; interfere with the enjoyment of and reduce the value of private property; and interfere with the comfort and well-being of the public; 'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACh, FLORIDA: Section 1. The Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding Chapter 15C to read as follows: "Sec. 15C-1. DEPINITIONS. Except where otherwise indicated by context, the following definitions shall apply in the interpretation and enforcement of this ordinance: (1) 'Motor vehicle' shall mean an automobile, truck, motorcycle, or other trackless, self- propelled vehicle designed primarily to trans- port persons or property over public stxeets and highways. (2) 'Motor vehicle repair shop' shall mean any place, indoors or outdoors where motor vehicles are repaired for a charge and any place where the work of repairing motor vehicles is carried on as an incident to the business of selling new or used motor vehicles, or new or used motor vehicle parts, or as an incident to any other traffic in motor vehicles or their parts or equipment. (3) 'Repair work on motor vehicles' shall mean any work done on the premises of a motor vehicle repair shop which requires direct or indirect physical contact with a motor vehicle or part thereof. Sec. 15C-2, RESTRICTIONS. All repairing processes and storage, except of serviceable and operating vehicles, shall either be within completely closed buildings or shall be effective!y screened by a solid concrete block wall or equal fence as approved by the City Building In- spector of not less than six (6) feet in height. No partially dismantled, non-operable, or wrecked vehicle shall be stored or dismantled on the repair shop prem- ises, except as a direct, immediate, and necessary inci- dent to its repair, except when screened as hereinabove required. Page 2. ORDINANCE NO, 36-66. Sec. 15C-3. COMPnlANCE DATE.' Any person operating any motor vehicle repair shop on the effective date of this ordinance shall have a period of sixty days after suah' effective date to comply with the terms of this ordi-_ nance. Sec. 15C-4. PENALTY PROVISIONS. Any person, firm or corporation who shall violate t~e provisions of this ordinance shall, upon conviction themeof, be punished as provided in Section 1-6 of. the Code of Ordinances of Del=ay Beach~ Plorida." 8ecti°n 2. That if any word, phrase, clause, se,tense'' o= part of this ordinance shall ~beldec'lared illegal by a court o~ 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 the 2?th day of June , 1966. MAYOR ATTEST: /,$/ R. D. Wo~thin$ Pirst Reading Jun~. 13, 1966 __ . Second Reading _ J~ne ~7, !9~6 .......... .