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10-20-66 225 OCTOBBR 20, 1966. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8=00 P.M., with Mayor Al. C. Avery in the Chair, City Manager David'M. Gatchel, City Attorney John Ross Adams, and Councilme~ J. LeRoy Croft and James H. Jurney, h~ing present. 1. An opening prayer was delivered by the Rev. Linton Lawrence. 1.a. The Pledge of Allegiance to the Flag of the United States of America was given. 2. The minutes of the regular Council me,.ting of October 10th and special meeting Of October 14th, 1966, were unanimously approveS, on motion by Mr, Croft and seconded by Mr. Jurney. 3. There were no public requests fro~ the floer~ 4. A roll call showed the following Civic OrganiZations and represent- atives to be in attendance= Breezy Ridge Estates Mr. John Sword Beach Taxpayers League, Inc. Mr. J. Watson Dunbar 5. There were no public releases. 6.a. Concerning a survey of parcels of land in violation of the City nuisance laws presented by the City Manager, Mr. Jurney moved that the City Clerk be authorized to proceed with the enforcement of Chapter of the Code of Ordinances, the motion being seconded by Mr. Croft and unani~ou$1y carried. (Copy of nuisance survey is attached to the official copy of these minutes.) See page 228-A. 6.b. Concerning a request of the students of Seacrest High School for City participation or representation in their annual publication, NAUTILUS, for the year 1967, and the recommendation that the City sub- scribe to a half 'page advertisement in the amount of $25.00 with funds to cover same being authorized from the General Fund Contingency Ac- count, Mayor Avery suggested s motion that the City Manager be author- ized to take a half page advertisement in the annual of the Carver High School as well as ~n the Nautilus, the money not to exceed $50.00 to come from the General Fund Contingency ACcount. It was so moves by Mr. Jurney, seconded by Mr. Croft and unanimously carried. 6.c. Regarding a complaint against a drainage assessment, City Manager Gatchel reported to Council as follows: "The original defined drainage area for the proposed improvement, as published and approved by Council following a public hearing on the then proposed drainage improvement, was correct, engi- neering-wise, and wholly defensible. There were many months between the date of this improvement being authorized and commencement of the drainage installation, during which time a portion of the land involved, and deter- mined at that time to benefit from such drainage, was improved upon in such a manner, due tO the pitch of the roof, that a portion of water fall, which would have normally flowed south into the drain field area, now flows north into an area exempt from lands tO be assessed for the drainage i~provement of 1966. Should Council wish to recognize the above changes in land use, which were not a fact at the origin of the proposed improvement and, therefore, could not have been anticipated, nor reflected in the determined benefitted area, though such action I cannot recommend, an area of 2400 square feet may be deducted from the 226 over-all area to be assessed, and specifically affecting only Lots 11 and 12, Block 94. The aasesse~ rate for this area, at the per square foot coat of $0.015497 would provide an adjust- ment of $37.19 from Mr.. Zeder's assessment." Mayor Avery asked if said money would have to be replaced .from the Contingency ACCOUnt if this request is .granted. Finance Director Weber explained that it would be taken care of by an accounting adjustment by reducing th· assessments receivable and reducing the reserve for City's portion of assessment by a like amount. (Copy of request from .Mr.. Zeder and. copy of Memorandum from the City Engineer, dated October 17th, 1966, are attached to the official copy of these minutes.) See pages During discussion and comments as to the amount of an adjustment that should be given to Mr. Zeder, City'Attorney Adams commented as follows: "There is a real delicate legal .question here whether you can forgave an assessment~ once it has been imposed. The only Justi- fication for it is when you think it's legally indefensible. I would recor~nend that you follow the City Engineer's suggestion, and not go a bit further." Mr. Jurney moved that Mr. Zeder be given .an. adjustment on his drain- age assessment in the amount of $37.19: The motion wes seconded by Mr. Croft and carried Unanimously. 7.a. City Clerk Worthing informed Councii of a-petition having been recei~e~ seeking reclaseificatio~ of Lots 21 and 22, Block D, Palm Beach Shore Acres, from R~IAAA to R-3~ further, that Council may deny this request or refer same to the Planning/Zoning Board for a publi'c hearing to be held thereon, to be followed by.the Board's recommenda- tion to Council. Said request was unanimously-referred to the Planning/ Zoning Board, on motion by Mr. Croft and seconded by Mr. Jur~ey. 7.b. Regardin9 .solicitatio~ of funds W~.thin the City, City Clerk Worthing informed Council that the National Foundation (March of .Dimes) requests permission to solicit funds within .the City ~uring the month of January, 1967, and ~that' the Charitable Solicitations Committee, by letter, unanimous!y recommends as follows: "Since a previous recommendation wes made that the Community CheS..t be the first drive allowed during any calendar year~ the Committee now recommends that the March of Di~a be granted a permit to solicit for two. weeks in March. Also, since this agency did not observe the time period assigned to it by the Council last year and continued their appeal so that it over- lapped another drive, it is suggested that this permit be grant- ed with the strict understanding that their entire activity, cl~ding publicity, mail.ing and soliciting, be confined to this two week period in March." Mr. Croft moved that the Charitable Solicitations Committee recom- mendation be sustained, the motion be~'ng seconded by Mr. Jurney and unanimously carried. 7.c. The City Clerk informed Council of a request for relocation of an easement, now located on the North $ feet of Lot 1, Nassau Park, to the South 5 feet of the North 57.75 feet of said Lot 1, Nassau Park has been received~ £urther, that in view of the property owner's consent to furnish the City its desired easement over: the South $ feet of her pro- perty, it is recommended that Resolution No. 40-66, providing for abandonment of the undesired easement ~.over the North 5 feet of said LOt !, be adopted.. City Clerk Wor~ing then' presented' RE$OLUTION NO. 40-66. -2~ ' 10-20-66 22? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OP AN EASEMENT AS. SHOWN ON A PLAT RECORDED IN PLAT BOOK 16, PAGE 6, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA. (Copy of ReSolution No. 40-66 is at~ached to the official copy of these minutes.) See page 228-B. It was explained that a two-in=h water line exists in the present easement, and that a larger water,!ins, to better serve the abutting properties, would be installed in the relocated easement. Resolution No. 40-66 was unani.~mously passed and adopted on this first and final reading, on motion by Mr. Jurney and seconded by Mr. Croft. 7.d. City Clerk Worthing informed Council of a request having been received from Bedford Properties, Inc., recent purchasers of the Mayfair Manor property., including all licenses, located at 244 venetian Drive, for transfer of Liquor License No. 640 previously issued to Mr. Glennon Jackson, previous owner of said Mayfair Manor. Further, that the applicant has been- approved by the proper agencies, in accordance with established City POlicies, and it is recormmended that the request be granted. Said request for transfe~r~ of Liquor License for the Mayfair Manor was unanimously granted, on motion by Mr. Croft and seconded by Mr. Jurney. 8~a. The City Clerk presented ORDINANCE NO. 54-66. AN ORDINANCE OF THE CITy OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ;~D~G CODE .OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 29-7.5 ' THEREOF RELATING TO SETBACK REQUIREMENTS. (Copy of Ordinance No. 54-66 is attached to the official copy of these minutes.) See page 228~G. There being no objection t° Ordinance No. 54-66, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 8.b. City Clerk Worthing presented ORDINANCE NO. 55-66. AN ORDINANCE OF THE CITY CoUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTH~ST QUARTER OF THE SOUTHEAST OUARTER OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DF.L~AY BEACH, FLORIDA, IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1960". (Copy of Ordinance No. 55-66 is attached to the official copy of these minutes.) See page 228-H. There being no objection to Ordinance No. 55-66, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Croft. 8.c. The City Clefk presented ORDINANCE NO. 57-66. AN ORDINANCE OF THE CITY CouNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOU~H, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PRO- VIDING FOR THE ZONING THEREOF. -3- 10-20-66 Ordinance No. S7'-66 was unanimously placed on first reading, on motion .by Mr. Croft and seconded by Mr. j~rney. 10.x. City Manager ~atchel said the following program has been pretty well establi~hed'.an~ ~°pies of same would be presented to Council for consideration and recommendation~ PRO~RAM DEDICATION CEREMONIES DELRAY BEACH EROSION CONTROL~ROJECT SUNDAY, OCTOBER 30, 1966 2:00 P.M. MASTER OF CERSMONIBS Honorable James H. Jurney Councilman, City of Delray Beach INVOCATION Reverend Paul W. Gess Pastor, Delray Beach Presbyterian 'Church INTRODUCTION OF GUESTS Honorable James H. Jurney Councilman, City of Delray Beach RECOGNITION OF BEACHEROSION COMMITTEE Honorable ~eorge W. Talbot, Jr. Councilman, City of Delray Beach Chairman,. Beach Erosion Committee THE ROLEOF THE STATE OF FLORIDA Honorable William T, Carlton Director, .Division of Beaches and $~ores Florida'St~te Bo~rd of' C0~serVat£on THE ROLEOF THE CITy 0PDELRAY BEACH Honorable Alphonso C* Avery Mayor, City of Delray Beach UNVEILING OF PLAOUE Honorable C~tY Council Cit~ of Delray Beach PRAYER OF DEDICATION AND BENEDICTION Reverend Paul W. Pastor, Delray Beach Presbyterian Church 10.x. Mr. Jurney infOrmed CounCil that it had been discussed at a meet- ing of tb~ TrOpicIsle Civic Associat~on about an unfinishe~ building Just north of .Tropic Isle'Subdivision, and the Association desires to know what procedure may be taken to eliminate same. City Manager Gatchel reported that someof the people involved financially in said property are considering completing that building and have contacted his office concerning same~ further, that the Con- sulting Engineers are preparing some data regarding sanitary sewers for that area. lO.do City Clerk Worthing preSentedBills For Approval as follows: General Fund $81~728.101 Water Operating & Maintenance Fund $4,383.94= Improvement Fund $12,852.07~ Capital Improvements Construction Fund $115,668.65~ and Sewer Construction TrUSt Fund $4,986.92. Mr. Jurney moved that the bills be paid¢ the motion being seconded by Mr. Croft. upon call of ro11, Mr. C~oft and Mr. Jurney voted in favor of the motion and Mayor AVery was opposed. He qualified his vote in that he is a member of a'f!rm that has a bill in said Bills. The. meeti~gadjourned at 8:41 P.M. 228-A PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 and SECTIONS 15-3 and 15-4 OF T~ CITY CODE. pI~OImRTy CITY O,,W~=~ .,A, OO~SS O_~SC~II~, IO~ CODE 1. Marshall M. & P.O. Box 298 ~a~ant part of 15-3 Jeanette B. DeWitt Delray Beach, Fla. Lot 17, Block 64. 2. Nathan Tracy 617 S. W. 7th Ave. OVergrown part of 15-3 Delray Beach, Florida Lots 3, 4 & 5, Block & 5, RoSe~ont Park. 15-4 3. Grace Riggan 5656 llth Avenue South Lots 20 & 21, Block 15-4 Birmingham~ Al&.35222 5,. Rosemont Park. 4, GiIbert J. & 2219 W. Pinerid~e Ct. Lot 22, Block 5, 15-4 Mamma T. Davis Delray Beach, Florida Rosemont Park. 5. Dimple D. Croft Box 1522 Lots 23. & 24, Block 15-4 De,ray Beach, Florida 5, Ro~emont Park. 6. Tr£es~e Construc- P. O. Box 332 Lot 9 a North 26.5 15-3 tion Co., Inc. Delray Bea~c~, FlOrida feet of Lot 10, Block 67. 15-4 Violations 15-3 ~and 15-4 as concerns this report are as follows .. 1. 15-3 - trash, ~ld paint ~cans and Junk' car. 2. 15-3 logs & br~ches'. 15-4 - high weeds. 3. 15-4 - weeds & ~bndergrowth. 4. 15-4 - weeds & ~ndergrowth. 5. 15~4 - weeds a undergrowth. 6. 15-3 - garden trash. 15-4 - high weeds. Submitted to the City Council by the City Manager on this the 20th day of October, 1966. 228-B RESOLUTION NO: 40-66. A RESOLUTION OF ~THE CITY' COUNCIL OF TBS CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON- IN~ A PORTION OF AN EAS~MBI~ AS SHOWN ON A PLAT RECORDED IN PLAT BOOK 16, PAGE 6, OF THE PUBLIC RECORDS OF SAID PAI~4 EEAC~ COUI~Y, FLORIDA. ~HERSAS, CAROLYN K. CUNNINGHAM and LAWRENCE E. CUNNIN~H~M, JR., (her husband) have made application to the City Council of the City of Delray Beach, Florida, to vacate a portion of an ease- ment shown in Plat Book 16, Page 6, of the P~blic Records of said Palm Beach County, Florida; and WHEREAS, said portion of the 'Easement" is desired to be relocated, this Resolution shall be understood to be effective only at sUch time as the City has been furnished an Easement Deed for public utilities over and raider the Sou~ 5 feet of the North 57.75 feet of Lot One, NASSAU PARK Subdivision, Plat Book Page 6. NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY 'OF DELRAY BEACH, FLORIDA, ~AS FOLLOWS: That pursuant to parag~aRh three of Section seven of the 'City Charter of the City of Delr&~'-'~ach, Florida, we here- by declare abandonmelit of ~he fo~°Wing portion of an easement referred to hereinabove and described as follows: The North 'Five Feet (N. 5') of Lot O~e (1)0 in NASSAU PARK ~ubdivision lo~ated in the City of De,ray Beach.', Florida, as per plat thereof recorded ia 'Plat Book '.16, page 6, Palm Beach County public records. PASSED AND ADOPTED th~s 20th day of October, 1966. ,/$/,A!. C. Avery R' MAYO ATTEST: /S/ R. D. Worthing City Clerk 228-G ORD~J~NCl~ ~). 54-,66. S~'ION 1. ~a~ ~tton 29-7.5 P~ragraPh! (7), (a) a~d (b) Code' of O~di~an~s}Of-the C~ty of Deir'~ ~ach, be and "(~) {a) Se~ack l~nes Shall be establ~a~e~ ~. ai~es of Wea~ A~lan~ic Avenue. S.w~ntOO A~enUe to ~e ~!~Y !~i~ ahd no ha~ Sines.. ~er~.:a~ l~w~:"~txuct~e exists at ~ e~ec,tive 'da~e/-'b~'~doption or aaend- ae~,. o~ ~his 0rdi~nce that could not ~, built ~r[ ~he,..~s~.~. ~is ordi~nce b~ reason ~e, ~' se~a~k 'req~i~ea~~ ~or buildings ~roa ~in~'~,iv~n~, to ~he city limits,, such struc- ~':;~y[b~ ~ontinuea as ion9 'as.it rO~ins law~ul,j .$~ject to ~e ~ol10~in~ provisions: (1) . ~o, 'such structure may be enlarged or a[t~re'~ in a ~ay whi~'increases its ~oncon[o~uity ~ (2)" Should such structure be des~oyed anF aeans to an extent o~ more than.~!~tF Pe~ cen~ (50%~ o~ its replaceaent cost tiae o~ destruction, it shall not ~e constructed excep~ in con~o~itF wi~ the provisions of this o~i~nce. ~is ~egu- lation shall no~ be interpreked to require a se~ack o~ ao~e ~an sixtF.eight ~ee~ ~ro~ the cen~er line o~ West Atlantic Avenue." SE~I0a 2. Fhat all ordinances or pa~ts o~ ordinances in conflict he~e.i~ be and ~ .sase are hereby re~aled. sx~I0~ 3. ~at ~his ordinance-shall ~ e~ect ia- aediate~y ~pon i~a passage and approval as provided ~ PASS~ in ~gular session on the second and ~i~1 read- in9 on the 20t~ .' day_sE October , ~966. IS/.Ai~ ~, A_y¢~y ...... MAYOR ATTEST: frS/ R. D, ~Worthing '" Cit~ Cier~ Pirst Reading September 76. ]qR6 Second Reading 228 -II ORDINAI~ICE NO. 55-66i AN ORDINANCE OP THE CITY COUNCIL OF T~E CITY OF DELRAY B~AC~ FLORIDA, REZONING AND PLACING THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST OUARTER OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH~ FLORIDA, IN "R-3 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OP DELRAY BEACH, FLOR'IDA 1960". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP DELRAY BEACH, pr. ORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned, and placed in "R-3 Multiple Family DWelling DiStrict" as defined by Chapter 29 of the Code of Ordinances of the City of Delray' BeaCh, Florida, to-wit: The W% of the NE% of the NW% of the SE% of Section 29, Township 46 SOUth, Range 43 East,- per Plat Book 1, page 4, Public - Records of Palm Beach County, Florida. SECTION 2. That the-Building Inspector of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida to conform with the pro- visions of SeCtion i hereof. PASSED in regular session on the second and final read- ing on. this the 20th day o~ October , 1966. .~/ Al. C. Avery MAYOR ATTEST~ /S/ R. ~. worthing. ciiy ~le~k First Reading ~eDtemb~r. 26. 1966 ' · Second Reading O~tob~r. 20,. ~966 ...... Mr. Zeder, ~ in tl~e s~ject letteN~ ~am zequested an exemption from the drainage asseSSment of Lot l~, ~ock ~4 due to 'the fact that the Goodyear building erected on t~iS property was constructed with the roof draining to the north and downspouts are on the north side, thus causing that portion of water which falls on the roof of the building proper to be deposited on Lot ll which was previously exempted from assessment in this drainage project. It should be noted that this project was designed and bids taken in the latter part of the year 1964. The ~du~ainage area was determined by the~atural fall of the land in conjunction with the master street renewal plan f_~.'~]~f's area which had been approved by a previous Council. At'~thi~~ time the Goodyear building had not been constructed, Although the project was not actually authorized by Council until more than a year later, the Council desired to'award the contract on the original bid with a slight escalation, for price increases due to the fact that this original bid had been extremely low. During the interim period the Goodyear building was constructed with the roof draining to the north, rather than in accordance with the drainage design. From an engineering standpoint there was no objection to this. It simply meant that a portion of the water falling on the roof would flow north directly into the catch basin at the corner of S. E. 1st Street and 4th Avenue, rather than flowing into the newly constructed 21-inch storm sewer to the south or west, which would then carry it to exactly the same point underground. Attached is a very accurately drawn contour map showing contours at each one-tenth of a foot over the two lots in question. This map is clearly marked to show the areas draining into the original sewer system which are marked "non-assessable" and the areas draining into the newly installed sewer which are marked "assessable" and the roof area in question which is marked off into areas assessable in dif- ferent percentages according to the amount of water flowing into the You will note that there are two small triangular areas on Lot 11 which actually are assessable, although they were not included in the original assessment due to the fact drainage in this area was not so readily definable until the area was paved, and the owner was given the benefit of the doubt. A precise summation of the assessable drainage area of these two lots indicates that 2400 square feet less area actually drains into the new sewer system than was included on the designed area. It is my position that the originally defined drainage area as published and approved after a public hearingwas correct and defensible. If, however, Council wishes to adjust the assessable area to conform with actual conditions after construction, 2400 square feet may be deducted from the total area assessed against Lots I1 and 12. The assessed rate fOr this area was $0.015497 per square foot, which would permit a deduction of $37.19 from Mr. Zeder's assessment of $1,586.99. City~ ~nginee~- ' r ~ Konourable Hayor and City Coucil, ~ity Kall, Delray Beach, Florida. Re: Dra~ge improvement, Block 9½ Gentlemen: In regard to tile assessment made against my property in Block amounting to S1,~86.9~, I wish to point out the follewingc- Lot 11 was properly exempted frou th assessment as this is ~n the parking area for the Goodyear Sales and Service store, and water on this area drains into a storm sewer previously in. tailed. A similar exemption should be made for ~8.8 feet of let 12, as this area is covered by the Goed~ear building Which drains entirely to the nerth onto the parking area, The roof ef the building is pitched to the north side and all down spouts are on the nerth side. Blueprints in your file will confirm this. The first I k. uow about the storm sewer was when I received my assess- ment notice. Y later found out that the notice of intent and also the assessment notice was advertised in the local newspaper. I do not feel I should be penalized for not having requested this exemption earlier. Even though this was not done, it remains that the assessment should not have been made in the first place. Tour consideration of the above and credit allowed will be appreciatod. Sincerely, 3. Haild geder ~/ ..... V KHZ/sgr. P.S. I would like to suggest for your consideration that in the future, regarding matters such as the above, a policy be adepted v~ereby property owners i~volved be notified direct in addition to being covered in the news- paper media. It would alert property owners that for some reason do not see the local paper. Yn the above case, enly four owners were involved. The cost would be little more than postage.