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07-11-66 July 11, 1966. A regular meeting of the City C~uncil of Delray Be~ch was held in the Council Chambers a~ 8:00 P.M.,.~with Mayor Al. C, Avery in the Chair,.City Man~ger David M. Gatc~el, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft, James H. Jurney and George Talbot, Jr. ~eing present. 1. An opening Prayer was delivered by City Clerk Robert D. Worthing. 1.a. The Pledge of Allegiance to the Flag of the United S~ates of America was given. X. Mayor Avery recognized and welcomed a delegation from a class studying government at Marymount Jr. College. He also welcomed re- presentatives of ~he League of Women Voters, sponsors of that study class. 2. The minutes of the regular Council meeting of June 27th, 1966, .were unanimously approved, on motion by Mr. ~roft and seconded by Mr. Jurney. 3. Mr. John Sword of Breezy Ridge Estates complained of the mosquitoes in that area and informed Council that when he had contacted the City Engineering Department he had been referred to the Lake Worth Drainage District, from there to the Flood Control District and to another agency. Mr. Sword also complained of an erosion problem, and asked if the City could do anything to assist in eliminating these problems; further, that he would inform the City Manager of the results of a meeting he is to attend concerning the mosquito control. Mayor Avery asked that the'City Manager assist the residents of that area in eliminating'their problems.' 3. Mr. Norris Spells, acting Chairman of Operation Clean Up in the Negro community, informed Council of the serious problem of drainage in their area of town'and~that a Petition had been signed by many residents asking that something be done about that problem. Mayor Avery informed Mr. Spells that the drainage condition £n the southwest section of town would be considered under Agenda Item 9.b. tonight. 4. Mr. Croft read the Beautification committeemeeting minutes of July 6th, 1966, and said that the following items, required Council action. "1. ~'The Committee requests that a policy be established Where- by nursery stock could be traded with the County or neigh- boring towns, but that no trading be done with any out- side commercial nurserymen. 2. The Committee, knowing that.this month ls an ideal plant- ing time, requests that the excess, unusable nursery stock, whic~ is costly to maintain, be given away to non-profit organizations and churches in the area. It is suggested that ~hey be notifiedby th~s Cgmmittee and that plant~ be picked up on Saturday, July 23rd. 3. The Committee noted concern over the conspicuous, new 65 foot poles being used by the Power and Light Company in RivieraBeach and nearby communities. A strong commendation was made that the Council again request the use ~f underground wiring by the Power Com~ pany in Delray Beach." -1- 7t11/66 Concerning Item 2. Mr. Croft said that Mr. Cartee, supervisor of the nursery,ts out of town,and Suggeetedthat the proposed date of Saturday, July 23rd for giving away of plan~s at the nursery be changed to a time when Mr. Cartee will be in town, and to another day of the week as the Parks Department only work a five-day week. Mr. Croft then moved that the City Manager be authorized, at his discretion, to make excess plants from the City nursery available to non-profit organizations and churches. The motion was seconded by Mr. Jurney and carried unanimously. Concerning Item 3, Mr. Croft moved that the City Manager contact the PO~er and Light Company and request that this item' be given some ~- study. The motion was seconded byMr. Jurney and carried Unanimously. Con=erning Item 1, Mr. Talbot moved that the City Manager be authorized to work with the department head in the matter of trading useable stock with other communities or non-profit organizations, the motion being seconded by Mr. Jurney and unanimously carried. 4.a. A roll call showed the following Civic Organizations ~nd rep- resentatives to be inattend~nce~ Breezy Ridge Estates Mr. John Sword Board of Realtors Mr. Andrew Gent V. F.W. Col. Clarence Bingham League of Women Voters Mrs. Phyllis Plume 5. City Clerk Worthing informed Council that Senator George A. Smather~ ard the Department of State in Washington D. C. had acknowledged receipt of Resolution No. 27-66 urging active steps for conclusion of war in Viet Nam. 5. The City CIerk read a letteT from the Delray Beach Recreation Club, Inc. dated June 28th, ~966, info~ing Council of their appreciati¢ for the approval and awarding of ~ontEaot for the construction of the new Adult Recreation Complex in the City Park. 5. City Clerk Worthing read a let~%9~..from MarVin U. Mounts, Jr., Count~ Solicitor, dated July 8, 1966, inf~gCoun¢il that~the Palm Beach County Association of Chiefs Of Pol$cehave requested the~assistance of the City, and specifically that of the City Attorney, to participate in the study of some of the problems and legal difficulties which might flow from lending-pol~e assistance from one. muni¢!Pali~y to another.. Further, if poli~e officers from one muni=ipality be loaned to another municipality in an emergency s~t~tion there might arise certain questions of automgbil~., and/or per~oDal liability as well as questions~ of arrest, authoritY, etc., a~ it is hoped tha~an>early .meeting of the various City AttOrneys Tn the County, with t~e ASSooiation, could resolve some c~ the apparent d~fficu%ttes and pr0~l.ems, or at least provide for be%ng prepared fd~isuch situ~tions beford they Occur. City Attorney Adams informe~ council that he had tatted with the County Solicitor and there would be a meeting in West Palm.Beach, Friday, July 15th, that. he and Chief Croft plan to attend. 5. City Clerk Worthing read a letter from Mr. Larry Ke~t Brownfield, Newsman of WGBS Radio, Miami, informing Council of the fine service rendered by Officer C. W. Carroll of th'ePoliCe Department at a time when he was so very much in need of help. FUrther, "Congra~u~a%ions to you for having the likes of Off~cer Carro11 on your depa'~t. He zs certainly an asset to your community. May~! also urge a~y-h~nor that you'may awar~ police officers in such circumstances be awa=ded to him." Mayor Avery'direCted the City Manager to see that Officer Carroll is commended for his service to the public and that hi~ department head -22 7/11/66 is also commended for the fine work of the department. 50a. Mr. Croft inquired as to the status o~ the request for street lights on Swinton Circle. City Manager Gatchel reported' that said request had been referred to the Florida Power & Light Company and the layout for the li.ghting had been referred to the City Engineering Department to confer w~th the power company and make recommendations. 5,a. Mr. Jurney said that since the Adult Recreation Complex in the City Park is now to become a reality architect.Kenneth Jacobson is planning a ground breaking ceremony. Wednesday, July i3th, 1966, at 10:00 A.M. wa~ scheduled for said .ground breaking ceremony, and the public is inv%ted. 5.a. Mr. Jurney informed Council that theTropic Isle Civic As- sociation desires that the City place a "no left turn" sign at the intersection of Tropic Boulevard with. South Federal Highway which is approximately 200 feet south of Aladdin's Lounge. The reason for this request being that the northboundcars occasionally turn left at that intersection and proceed north in the southbound 'traffic %ane before turning into the parking lot of said Lounge. Mayor Avery asked that the City Manager take this request under advisement with his Safety Officer and see what can be done; further, that the State Road Department has control over placing such signs. 5.a. Mr. Talbot reminded Council that it had been requested, in hope of saving some money, that the installation of a sanitary sewer force main and storm drainage be made at the time of the beach revetment installation. city Manager Gatchel informed Council, that following their request concerning drainage, he had conferred with Glace Engineering Corp. as to their plan and proposal for storm drainage along A1A in connection with the revetment...He was informed and advised by them that their only plan for. storm drainage along North Ocean Boulevard was to extend the present collection points on the mast side of A1A through .the wall, That there was no plan for a master collection system to be installed along AIA in connection with the revetment. The City. Man~ge~ also informed Council that'cost estimates had been furnishedto them early this year for a storm drainage installation of that area to th6 ocean, and also to the In~racoastal Waterway. Both proposals were of-such doliar value, that the decision was made by Council t° put*erery dollar available into the extension of the revetment wall as far.south as possible; therefore, there were ~o plans incorporated into the design;plansand specifications for any storm drainage other than the present outfall*lines being extended through the revetment. City Manager Gatchel said that consideration of instailing a sanitary sewer force main on AIA had ~pen presented at a later date, and in checking withthe fiscal agents he had been informed that anything incorporated in thetrench,wtth the force'main, could be_incorporated in the cost, but the cost of latterals for storm drainage could not be incorporated. City Engineer Fle~ing informed Council that a storm drainage col- lection syst~ had been discussed for the west side of A1A as well as the east side, Which would have been shot.out through the wall at one central ~ocation with only on~ opening in the revetment wall, but it had been determined that it would be mo~e economical to make numerous small openings than to collect it all at one point and make the large opening. Further= "It is more economical to drain the western side of. A1A merely by extending a line across the street with a catch basin at each one of these catchbasins on the eastside, which are nLLmerous enough to drain~y point on the western side, and can be done con- siderably cheaper, than to run a collection system on the west side of A1A." sanitary sewer · Mr. Talbot asked about..the advisabi.lity of laying the/force main at this time and the City Engineer informed Council that he did not think it financially advisable at this time to crowd another contractor into the area. It was pointed out that with the present stage of negotiations between DelrayBeach and the three communities to the North that the installation of the sanitary ~ewer force main would not be necessary until after this coming winter season. X. Mr. 'Ta~lbot moved that Agenda item 9.d. be considered at this time. The motion was seconded by Mr. Jurney and carried unanimously. 9~d. City Clerk Worthing presented the following Planning/Zoning Board report, dated July 8th, 1966,.. regarding a request for SPECIAL EXCEPTION a~ 200 North Ocean Boulevard: "A special meeting of the Planning and Zoning Board was held July 6th,1966 for consideration of a req~_est for Special Exception to the height limits at 200 North Ocean Boulevard. (45 feet to 100 fest) After reconsidering the sight plan the board unanimously recommends the plans be approved with the following C6n- siderations: 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 setback twenty. (20) feet from the north property line as opposed tothe fourteen 'and one half (14%) feet shown on the plan." The City Clerk then read a letter of ob~e~tiQn to the height of said proposed building from Mr. J. William Schmalz, President of Lyndon Arms Apartments. During comments, Mr. Art Smith, Director of Plan~i~g,-Zoning and Inspection, pointed out that t~e_bui!~ing, p~ans~ for this improvement were based ~n t%e set bac~ requirements of an ordinance th'at was in effect in January, The ~ments had been sold acco~ng to' these plans, and that in the mean~me .the ordinance had been cha~ged re- quiring.sight plan approval for special exceptions in height in the R-3 Zone fronting, on the Ocean and on the Intracoastal Waterway. Mr. Smith said tha~ his .recommendation'was for a 3.0 feot setback from the north lot line .~n~d'the ,~lanning Board.~re~Or~nended a 20 foot set~ahk from 'that line; fu=t~ek~, that the building plans had been cut down sufficiently to aIlow approximately five feet more sett~ack from the north tine, and that is as much as the developers of the property feel they ~an alter the plans after sellin~ the a~artments. Following length~ discussion, M$.~Talbot moued that a special exception be granted for the cons~ru~gn,.~Of anapartment at 200 North Oce~ BoUievard in accordance wi~ P~ni~g Boa=~ report except that ite/aNo. 3 in that report shall be ~men~'ed to allow the north setback line to be in 'accordance with the~plans as submitted. The mOtion Was seconded by Mr. Croft and'=arried unan£mously. 6.a. Regarding a request for a gratis occupational license, City Manager Gatchel £nformed Council that Mr. Joseph N. Bouchard, operating asCustom Lawn Mower Repair and Garden SupPly~ at 316 s. E. let Street, requests a "gratis..' license due ~o being physically incapable of manual labor. This cond£ti0n is substantiated by the report of Dr. James H. Pollock, following an examination of the applicant, and concurred in by Vocational Rehabilitation Counselor James W. McBride of the State's Department of Education office in West Palm Beach, and it is, therefore, recorm~endedthat CounciI authorize i~uance of a gratis license to Mr..Bouchard for such-period of incapacitation. It was sO mo=ed by Mr. Jurney, seconded by Mr. Talbot and unanimously carried. 6.b. Concerning a survey of parcels of land in violation of the City'nuisance'laws presented by the City Manager, Mr. Talbot moved that the City Clerk be authorized to proceed with the enforcement of Chapter 15 of ~he Code of Ordinances. The motion was-seconded by Mr. Croft and carried unanimously.· (Ccp~ of survey is attached to the ~ficial copy of these minutes.) See page I~-A. ~.c. Regarding an application to solicit funds, city ~anager Gatchel informed Council that Mr. Bill Becket requests permission to solicit funds through the sale of decals during JUly and August, 1966, the proceeds to be used solely for obtaining uniforms and equipment in the promotion of DELRAY BILL'S BASEBALL CLUB, comprising players in the 16 to 21 year ag~ limit. The City Manager said this application had been referred to the Chamber of Commerce Solicitations Screening Committee, and read their letter, dated'July 8th, as fcllows~ "The request for permission to solicit fUnds f~om the Delray Bills Baseball Team was referred to and reviewed by the Solic- · itations Committee. - Since this is a request from a single individual rather than. an organizatiqn ~nd there are no records-aVailable the Com- mittee is '~n~.~ab. le to make a recommendation on this request. It is, however, strongly suggested that, should the Council See fit to g~nt approval~0f this present .request that it be for this year only and~with the re~ent, that an..organi~ation be established and records maintain~d prior to~p~rovaI of 'future" requests." The request was unanimously granted sUbject t© the suggestiOns ~f Said Screening.ConPnittee , on motion by Mr. Jurney~and seconded by Mr. CrOft. 6.d. Concerningthe replacement of the pavilion on Ocean Boulevard, CityManager Gatche] ~eported to Councilas follows: "The main pavilion on Ocean Boulevard washeavily damaged by the '~.receht'.hurrica~e~and a~ estimated, cost:for installation of a new awning and frameWork is $1,870.00, which const~ucti0n would be similar to the o~d design, but with rafters 5 feet apart instead of 9 feet, which would reduce the billowing area of the awning. However, it was deemed advisable to consider a ~a~ili0n of per- manent construction, rather than temporary framew~k and canvas installation, and Glace Engineering Corporation w~ requested to provide a study and recommendation pertaining 'to such structure, particularly with any possible conflict with the ultimate concrete 150 block revetment wall improvement. Glace Engineering Corporation advises that,, in their opinion, the recent storm damage in no way affects the structural soundness of the existing foq~dations and grade beams, and that they appear adequat.e to support a .permanent pavilion structure. It is recommended that Glace Engineering Corporation be authorized to provide plans and specifications for a Permanent installation thereof to consist, essentially, of a concrete floor placed on the existing foundations and grade beams, reinforced concrete columns and roof beams, and a pre-cast concrete roof deck with a built up roof, such construction ~stimate- by the City Engineer to cost $5,700.00." FOllowing discussion, Mr. Jumpy moved that this item of installin~ a new awning and framework be placed for bids, and that more than one bid be received. The motion was seconded by ~r. Talbot and carried unanimously. 7.a. City Clerk Worthing informed Council that Mrs. Margie Cunningham of Miami and Delray Beach requests permission to hold missionary services in Sunny South Elks Lodge No. 671, located at 23 S. W. 9th Avenue, until such time as a Church may be established. Further, that Section 29-4 (B) of 'the Code of Ordinances provides, in part, that conditional use of land for Churches may be granted by Councl~ ~ollowing a public hearing Board; however, Council may decline to consider this Petition of an individual until such time' as a Society or Church has been established and its Board of Directors submit such request, or refer this communication to the Board. Mr..Jurney moved that this item be referred to the Planning/Zoning Board for a public hearing and recommendation, also that it be referred to the Inter-DenomiD~tidnal Ministerial Allia~e for their investigation and recommendation. The motion was secOnded]~Mr. Talbo~ and carried unanimous ly. 8.a. City Clerk Worthing presented ORDINANCE NO. 41-66. AN ORDINANCE OF ~T~E CITY C~UNCIL OF T~E CITY OF D~LRAY BE~CH, FLORIDA, AM~N~iNG~TION 29-17, CHAPTER 29, CODE THE SECTION ~~ TSS ~NG, S~RI~ ~ ~NG. oF CERTAIN CO~S~'::V~ZC~ ~IS T~ ~S~D~AL DISTRICTS OF ~ C-f~ ~0~ DE~ sEACs. , ' (Copy of Ordinance No. 41-86 is attached to the official copy of these minutes.) ~ee pa~e l~-~ There bein~ no object~on toOrdinanceNo. 41-66, said Ordinance wac unanimously passed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Talbot. 8.b. City Clerk Worthing presented ORDINANCE NO. 45-66. AN ORDINANCE OF T~ CITY ~OUNCIL OF T~E CiTY OF DELRAY BEACH, - FLORIDA, ANNEXING TO TH~, CI'~Y OF DELRAY BEACH~'~RTAIN LAND, NAMELY LOTS ~1 and 57, LAKE ~HORE ESTATES, WHICH LAND IS CONTIGUOUS TO THE EXISTING MUNICIPAL LIMI~ OF SA~D CITY, REDEFINING THE BOUNDARIES OF SA~D CITY TO INCLUDE SAID LAND; PROVIDING FOR T~E RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR T~E ZONING THEREOF. (Church of...the Palms, North Swinton Aven%e.) Or~an~e No. 45-66 was unanimously place~ on first reading, on =6- 7/11/66 .151 motion by Mr. Croft and seconded hyMr. Jur~ey~' 8.c. The City Clerk presented ORDINANCE NO. 46-66. AN ORDINANCE OF THE CITY COUNCIL OF ~E CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO~~ G-328, EXTENDING CERTAIN TAX PRIVILEGES CONTAINED IN SUBSECTION b, SECTION ~3 OF SAID ORIGINAL oRDfNANCE. Mr. Jurney said'that he had received seve~ai calls concerning tax moratorium on property throughout the City and that he feels this should be given more consideration. Mr. Talbot said that he had also received'several calls con- cerning tax moratorium on unimproved property throughout the City, but feels this subject property is due that cohsideration. Mr. Talbot then moved that Ordinance No'. 46-66 be placed on first reading, the motion being seconded by Mr. Croft. Upon call of ~cll, Mr. Croft, Mr. Talbot and Mayor Avery voted in favor of the motion, and Mr. Jurney abstained from voting. 8.d~ City Clerk Worthing presented ORDINANCE NO. 47-66. AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. G-368, EXTENDING CERTAIN TAX PRIVILEGES CONTAINED IN SUBSECTION 3, SECTION 3 OF SAXD ORIGINAL ORDINANCE. Mr. Talbot moved that Ordinance No. 47-66-be placed'0n first reading, the motion being seconded bY Mr. Croft. Mr. Jurney asked what normal taxation would be on the property covered in Ordinances' No. 46-66 and 47-66. Tax Assessor~Worthing said that he did not have that information at this ti~e, but would furnish such information at the next Council meeting or at any time before the next meeting. Mr. Jurney asked if the passing of these two Ordinances would be setting a precedent, and City Clerk Worthing 'said that it would not, that the precedent had been set some time ago. Upon call of roll, the motion t6 place OrdinanCe No.-47-66 passed unanimously. 9.a. Regarding prohibi%ation of dogs from certain areas, City Manager Gatchel reported as follows: "Council, at its. last meeting, requested an'Ordinance be pre- pared which would prohibit any dog being alt6~ed upon the grassed or planted area of any'parks within the City. Council consideration of the following memo, pertaining thereto, is requested: 'It is the recommendation of the Chief of Police, R. C. Croft, and the Director of Parks and Recreation, Alfred Elliott, that no Ordinance be enacted at t~e present time prohibiting dogs in the City's parks. This recommendation is made because of the difficulty of enforcin~ the Ordinance. The Police Department does not have the man- power available to keep dogs out 'of all the CitY's ~arks, and it is felt that the Ordinance should not be passed unless it can be enforced'. ' " During disd~s~ion, the City Manager said that he feels a number of complaints in the past originated from stray dogs,-~'.'since the dog pound has been completed and the Ordinance on stray~oge is'being enforced, doesn't feel ~hat it would be proper to c0nside~ anything additional until there has been an opportunity to clean up the stray dogs in 'thm city and enforce the licensing ordinance. The r~ommendation of the Chief of. Police and Director of Parks and Recreation~iwas ~nanimously accepted, on motion by Mr. Jurney and seconded by~r. Talbot. 9.b~ Concerning a master plan for City-wide storm drainage,'City Manage~'~atchel said that a letter from Russell &Axon, dated May 24th, had be~ referred to at the last Council meeting and as a result, a recapit~&ltion of previous City drainage studies has been prepared by the C~ty Engineer and forwarded to Council with the agenda. Further, that it ~s believed there are sufficient surveys and plans, dating .- back to 1957, with which the City can efficiently plan to alleviate th' critical conditions of drainage within the City subject to ultimate provision for draining the southwest section of the city being made possible and established within the 1-95 right-of-way. The City Manager said that with reference to the Housing and Urban Development Agency being in a position to finance certain public works projects, Council had been given an excerpt from a governmental publication-on advances for public works planning entitled Type of Program, City Manager Gatchel informed the Comncil and audience that every effort possible had been made to drain the. southwest section of t~n during the recent heavy rainfall, and that he had received a letter today from Mr. Richard P. Murphy, Supervising Sanitarian of the Division of Environmental Health of the Palm Beach County Health Department, regarding the flooded condition in'the southwest area of the City, and Offering assistance in expediting a drainage project in that area. It was pointed out that the C-15 Canal had been constructed and could carry th~"w~ter-drained ~r°m the southwest section of the City if plans could be.made for said drainage installation within the 1-95 right-of-way. ~he City Manager said he feltthe proper approach is for the City to get with the State Road Department, the County, and the Federal Government, and obtain permission for a canal in said 1-95 right-of-way. It was also pointed 'out that th~ present drainage ditch carrying waterfrom~the city limits into C-15 Canal runs through privatelyowned property and is objectionable to the owner of said property. Mr. Norris Spells presented the follOWing petition signed by approximately two hundred residents of thesouthwest area of Delray Beach~ .. We the citizens of Southwest Delray Beach are faced with a number of very serious problems Which are the result of the lack of an adequate drainage system that was requested a long, long time ago, before the beginning of this heavy rain. We'are sure that you 'are aware of the need for a water drainage system in our community, but we are not sure of the steps being taken by you to alleviate this serious problem. Because of the heavy rain'water was a~ still is standing . in the streets, in our yards, '~a~d in some of ou~homes, which makes it necessary for sQme of'~s %O leave home for a peri- od'.of time. The flood water ~s entered sea.era1 homes causing us to suffer damage to our carpeti~ and furnishings. It has also caused damage to lawns, flowers, and to some automobiles. It has created a health hazard to all citizens of Delray. Dead fish from the body of water between S. W. Third Street and S. W. Fourth Street are lying in our yards and have begun to deca~ causing an unbearable odor. The st&h~ing water has also made it impossible for many of us to use Our toilet facilities because of septic tank flooding, and -8- 7/11/66 · the stagnant water itself is deFeloping an objectionable odor. The water found in the many ditches in our community (dug by the city to help control flood water) is serving as a breeding place'for mosquitoes, snakes, and other harmful inse~ts and reptiles. The water als~ po,.ses a hazard to life for our smaller children who ar~.~=oming to swim in these ditches from other areas in the community. These and other serious problems make this petition necessary. If ~committees are-appointed to study and find solutions to 'these problems quicker action will result. As taxp~ygrs and citizens we ask and deserve this consideration."- Manyresidents of the southwest section of town we=e present and informed Council of the very badconditions they live under as a result of the very poor drainage in their area of town. Mr. Jurney questioned using money from the Disaster Fund for a drainage project in the southwest area of town, and City Manager Gatchel~eported that there is beDween fifty and sixty thousand dollar~ said Disaster Fund. at'this time, and it has been estimated that d~nage project w6~!d cost a half million dollars. Mr. Dan Neff, Project Manager for Russell & Axon, informed Council Ghat they had made a p~oposal on May 24th, for consideration of the Council, and that before any large program such as this can be done. there has to be a plan that will work. Further, that there are two approaches to this, either to get to the C-15 ~anal by gravity or by pumping. Mr. Neff said that he thought the regulation of the water in the C-15 Canal should be a matter of:'c'ouncil'cohcern. Mr. Talbot moved that Russell & Axon be authorized to proceed with a study of a plan in this area with Government funds if avail- able. The motion was seconded by Mr. Jurney. Mayor Aver.y explained: "You moved.that Russell & Axon be author- ized to proceed with the necessaryapplication to t~e~government to move post haste on this southwest section drainage situation?" It was suggested that the government may be able to put some pressure on the County government, in assisting in this work. City Attorney Adams commented as follows: "I think that is a ~ery good.step, but I have to watch myself legally here. I.w0ndered if Mr. Neff could proceed subject to a contract. I haven't seen a contract. I don't know how much you are paying them. Has that'been made general information? Col. Neff could you proceed if you were instructed to proceed and let us approve the contract at the next meeting? Also, this 1954 regulation was set up as a straight loan or an advance, but I would think that, the Federal.Government has gotten into it further now, and it maF be that you could get an outright grant. I just wondered if your motion could instruct Col. Neff to proceed, with the understanding that the contract documents would be approved at the next meeting. I think he could lay his groundwork and thatwouldn't delay things." Mr. TalbOt and Mr. Jurney accepted that amendment to, their motion and second, and upon call of roll, the motion carried unanimously. 9.c. Concerning extension of sewer service within .Area 22, City Manager Gatohel reported as follows: Council, at its last meeting, requested firm cost figures for extension of sewer service to properties within Area 22, more specifically, the subdivision of RiO Del Rey Shores. The present prime contractor in that area is unable to accept - 9- 7/11/66 further assignments at this time. due to all of his equipment, other than that assigned to curren~ contracts in this area, being located-o~ the..west coast, As a result, of t his condition, a firm figure ~or such addition&i installat'ionwas~btaina~le for ~o~sideration at this meeti~g, but will be su~mit%~d to Cou~%~'1 at the. eariiest 9ossible date.,, 10.a. City Clerk Worthing pr~s%~'Bills for Approval as follows= General Fund $76,053.49 Water o~erating & Maintenance Fun~ 8,132.89 Water Revenue Fund ~0,000.00 Sewer Cons=ruction Trust Fund 56,.214.22 On motion by Mr. Jurney and seconded by Mr. Talbot, ~ ~lls were unanimously ordered paid. The meeting adjourned at 10:45 P.M. ~ ' City Clerk .~" APPROVED: MAYOR 15~-A PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE. PROPERTY CITY 9WN~.R ADDRESS DESCRIPTION CoRE 1. Natalie F.Conroy 531 N. Swinton Ave. Vacant part of Lot 1, 15-3 Delrsy Beach, Fla. Block 3, less South 2 & feet, Del-Ida Park 15-4 2. Elijah & 214 S. W. 14th Ave. Vacant part of North 15-3 E~rnestine Johnson.Delray Beach, Fla. 55 feet of SoUth 443 feet of East % of Block 3, Priest's Add. to 15-4 Atlantic Park ~a~dens 3. Robert E. Route 9, Vacant part of 15~ Johnson Beachwood, New Jersey Lot 467, Tropic Isle 08722 15-4 Virginia Rivers RD $ 5, Box 859 Vacant part of North 15-3 Brooksville, Florida ?0 feet of West 142 & feet of Block 71. 15-4 5. Andrew & Julia 612 S. W. 9th Street Vacant part of west 25 15-3 Sroka Delray Beach, Fla. feet of Lot 82 &.East~ 35 feet of LOt 81, 15-4 DelrayManor Violations 15-3 mhd 15-4 as concerns this report are as follows: 1. 15-3 - garden trash 15-4 -weeds 2. 15-3 -.garden trash, building trash snd junk 15-4 - weeds 3. 15-3 - garden trash 15-4 - weeds 4.15-3 - garden trash and junk 15-4 - high weeds 5. 15-3 - garden trash 15-4 - weeds Submitted to the City Council by the City Ma~ager on this the llth day of july, 1966, ORDINANCE NO. 41-66. AN oRDINANCE OF T~E CITY COUNCIL OF CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-17, CHAPTER 29, CODE OF ORDI- NANCES. OF SAID CITY PERTAINING TO THE DEFINITION OF THE TERM "COMMERCIAL VEHI- CLE" AS. THE SAME IS USW. D IN THE SECTION REGULATING THE PA.RKING, STORING OR KEEP- ING OF CERTAIN COMMERCIAL VEHICLES WITHIN THE RESIDENTIAL DISTRICTS OF THE CITY OF DELRAY BEACH. WHEREAS, the City Council has heretofore passed Ordi- nance No. 4-65 on second reading on the 12th day of April, 1965, regulating the parking, storing or keeping of certain vehicles within the residential districts of the City of Delray Beach; and WHEREAS, it was the intent of the City Council of the City of Delray Beach to include buses in the definition of the term "commercial vehicle"~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That Sub-section (a) (1) of Section 29-17 be, and the same is hereby amended to read as follows: "(a) DEFINITIONS (1) The term 'commercial vehicle' shall mean every vehicle designed, used or maintained primarily for the transportation of property, and shall include buses used for the transportation of persons, whether or not for hire." PASSED in regular session on the second and final reading the llth day of July , 1966. ' /S/ Al. C. Avery MAYOR ATTEST: /S/ R. D.iWe~thing City Clerk First Reading J~ne 2~/,'1966 Second Reading ...~uly 11, 1966 ORDINANCE NO. 42-66. CITY OF D~LRAY BEACh, FLORIDA,: AMENDING cu~:z~ ~9, CODE OF' ~OiU~Nczs OF Za'Z~ LO~TZONS OF GASOLI~ A~ ~L FZLLZ~ STATIONS Oa SER~ STATIONS. NOW BE IT O~DAINED)~YTHE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is 'hereby amended by adding certain sections to read as follows: "Section 29-18. LOCATION OF ~ASOLINB STATIONS, PROHIBITED'. No gasoline and oil filling'station and no service station shall be erected within seven hundred fifty (?50) ' feet of' any church, hospital, school or other suc~, in'sti- tution where large numbers of pedestrians congregate, or within seven hundred fifty (750) ~eet of the location of another gasoline a.nd oil filling station or service sta- tion. Provided, however, nothing herein shall prohibit, (a) The opei~ation of existing gasoline and oil filling stations or service s~ation~ or (b} The improVement,~ alteration or reconstruction of any presently"existing gasoline and filling stations or service stations. Section 29-18~1. This Ordinance ehall not be applicable to businesses which sell gasoline and oil as an £ncid~nt to some other primary business." SECTION 2. If any part of this Ordinance shell be declared invalid, the remainder shaI1 remain in full force and virtue, it being the intention of the City Council that any such invalid ~¥tion shall be eliminated and the remainder of the ordi- rmnce unaffected thereby. PASSED on second and final reading in regular session on this day of , 1966. M-A Y O R ATTEST: City Clerk ' ' " First Reading Second Reading