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02-08-65 FEBRUARY 8, 1965. 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 Robert J. Holland, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft, James H. Jurney, jack L. Saunders and George Talbot, Jr., being present. 1. An opening prayer was delivered by the Rev. Ralph Bo Johnson. 1.a. The Pledge of Allegiance to the Flag of the United states of America was given. 2. The minutes of the regular meeting of January 25th, 1965, were unanimously approved on motion by Mr. Croft and seconded by Mr. Talbot. 3. Mrs° Sybi]. C. Buckingham, of the American Legion Auxiliary, re- quested Council permission for Poppy Days sale for February 19th and 20th, 1965. Said request was unanimously granted on motion by Mr. Croft and seconded by Mr. Talbot. 3. Mr. Frank F. Ellis, 553 Jaeger Drive, Tropic Palms Subdivision, re- minded the Council of their recent action concerning opening of a por- tion of N. E. 5th Street, and informed them of the very poor condition and need for resurfacing of st~e~s in Tropic Palms. Further, that he had discussed this with th~ ~kty'~anage~ at times during the past two years and had been informed there, were no funds av~ilabl~.~or~F~pa~r '.6f'i ~e ..~e&~S ih ~r ~ar~a. d~°U'~ged =p~ec~'iV~ b~'~d~: ~h&i~~ ~u~ai~i's£~n f~6~ a"v~io~ing. , City Manager Holland., Finance Director Weber.and City Clerk Worthing ~i.f6~e~>tse'-c~.h-~ii' tha't '~h~Y'had'"~ kn~wl~dge0f 'any sd~'~re~erve fund for the improvemen~ of~streets i~.Trop%c Pa!ms.~ ~ .~..~. . ~'~it~' Mana~er H~lland-r~p0rted' ~h~t Tropic Paims~had been s~rveyed ~ it W6~ld'~equire approximately $33,000.00 to resurface the streets mentioned by Mr. Ellis. Further, this project had. be~n .in. the proposed had been eliminated from the ~dget. That the streets of that subdi- ~si~n: ar~:'St~lI gn ~e":Sohedd~e 'fOr reSurfac£ng ~ a"tim~e Cd~ncil · ae'e~e,s %6 aPProP~i~te m°ney ~fof 'tha~"pUrpoS~ i ' . "~.'~' ~ .~" ;'" Mr.' Crbft asked abO~t a~.!iS~ Of 'stf~ts' ~n"~hat"area that 'are in Mayo~ A~ery. com~t, ented.: "Z ~hinkl0efore we act on, th!~ ~t £,~ proper ~b re'quean?hat the City Man~g~E"g£ve us a co~y of the i~.~eY 'a~d 'anal- ysis .of,~hi~ gene~al~ situat~o~::)~d ~he'cjnd.i~i~n of each ~f i~e~.S~reets, and from-that we can analy~e, a~d' i~ we choose, set'a p~i~y~:~o:.that we ea~"-~ove {oward the sOl~tkon'of this 'problem." I~ ~as so ~eqUes~ed of' the ~±ty Manager. ~ .,:. . -' Mr.'~a~l~o-~ a,ked if there. Was any provision inthe.%n~exat'~on of~ 'T~o"' ic '.P~lm~' tha'~ :Wjd'i~:'"~e~ uire .Mr~ Melloh rd' :pay 'a Pdrt~:0~ :b~ '~he ' .,. ~ ,~ . ~ . . . . q, , .... . .... ,. .... ,. . :-.. . ,~. ~ ~,:~ . Cost of 'resu~facing'said Streets, and Was'adviSed by City 'Clerk. Wo~thing :that no such 'pro~i, io~ .existed in said annexation o~dlnances. 3. Mr. DOnald Webb~ a paid,er and a disab,led veteran, reqU~sted:'"a'ssist- ance from.tbs,'Council in obtaining a Cit~ OCcupational License, since h& had~no~b~en ~bie '~o PrOCure a license 'throughthe normal p~q~ure, which.=equire.~, a County !ic~nae.prior to issuance.of a city ~icense.. Mr. Webb. ihformed'[the c6uncil that his education was not suff'iC~e~ h~'"tJ'~ahe'.t~ -C0unt¥'s :wr.~en. eXamin~i0~', but tha~i hel.h~ ~c~nses " ...... 2-8-65 "' ~ :' ' Mayor Avery asked City Attorney Adams to 'infOrm the Council if there was a legal way the City of Delray Beach could issue Mr. Webb a license for painting without him first'obtaining a County license, and the City Attorney asked that this item b'e deferred to miscellaneous business later in the meeting. 4. A roll call showed the following civic' organizations and represent- atives to be in attendance: Tropic Isle Civic Association Mr. William Mudge V. F. W. & Mens Garden Club Col. Clarence Bingham League of Women Voters Mrs. William Mudge Beach TaxPayers League, Inc. Mrs. Dorothea Montgomery Seagrape Garden Club Mrs. James Bowen American Legion Au~iliary Mrs. Sibil C. Buckingham 5. City Clerk Worthing read the following letter from Mr. Lowell Christman of Christman's Seagrapes Apartments, 72 South Ocean Boule~ yard, dated January 27th, 1965: "Please, at least have this read to your assembled body. Other cities in the U.S.A. base garbage and sewer charges for all residential facilities upon the water consumed. An exact percentage--like a sales tax--is easily determined. Certainly a more equitable way tha~ the one now prevailing.'~ 5. City clerk worthing read the following letter from Mro Roger Skillman, a registered real estate broker, dated February "I wish to bring to your attention the fact that in 'the last few years, the traffic on North Swinto~ Avenue has increased tremendous- ly.'in, addition,the area from NW6th Street to NW2~na street has greatly developed with fine homes and in these homes are many school.-aged children. Most of them attend Plumosa School, the Delray Beach Junior High School and Seacrest High School. To get to these schools the children must walk in the street along Swinton Avenue and especially along N. E. 22nd Street between Swinton Avenue and Seacrest Boulevard. The City of DelraY Beach has within its borders the south 40 feet of the right-of-way of 22nd Street. I want to take this opport~ity to ask that the City of Delray Beach install sidewalks along Swinton Avenue from 6th Street to 22nd Street and eSpeciallY along the south side of N. E. 22nd Street from Swinton Avenue to Seacrest Boulevard. I woUld appreciate knOwi%g whether, or not, you feel the best interests of the people of Delray Beach would be served by having sidewalks installed in the areas that I have mentioned." Mayor Avery said it would be impossible for the Council to make a decision on this item without a survey and report from the City Manager as to the cost and feasibility. Mr. Saunders moved that said survey and report be made. The motion was seconded by Mr. Talbot and carried, unanimOusly. 5. The City Clerk read the following letter fr6m Mrs.. Velma B. Bradshaw, dated February 5th: "I have received a bill from ~he City of Delray Beach in the.. amount of $75.00 for clearing of Lots 28 and 29, Block 12, Dell Park. -2- 2-8-65 "These same lots were cleaned by the city a year ago at a total charge of $7.50. As this last bill seems so completely unreason- able to me, I would appreciate an explanation, as the growth on the land was Practically 'the same as when they were cleaned the previous year, and only mowing'was necessary at that time. I would like to bring thefollowing matter to your attention: during the time the sewer project'was going on, the contractor was allowed, without my permission, to pile pipes and equipment on my property whilewqrking in the Eighth street area. This resulted in some debris being left on the land, but it is un- fair to charge me for the removal of this debris when my property was used without my. permission in the first place. I would greatly appreciate it if some member of the council, or a representative, would take a look at these lots and judge for himself as to the fairness of this $75.00 charge." City Clerk Worthing.informed the Council of the'wording of this nuisance abatement notice toM rs. Bradshaw, of the solicitation of bids, number of bidders and amounts bid, and of the cost of nuisance abatement of other properties in the ar~ao City Manager Holland reported that the Nuisance on said property was not caused by sewer installation0 Further, that in 1962, he had e e Cit wu ld mow vacant lots at approxi- set U a program whet by th Y 9 .......... :..-.~ ~ , . lots at."nO'cost to'the prd~er~y Owner, but this 'm~ing hr:. s~findj~s ~u~gested=t~at When ~he el%9 Sends dut th~se notices con~rnin~ n~i~'anc~'Vi.~lati~'S, it' w~uld be advisable for the City to notify the property owner that they are no longer clea~ing lots, and continued: '"'I th~nk we sh°uld notify.them tha% we'~re"~o loh~er clear- ste~.. ~'~t may ~ake :~e'~ daYs'"i~ng~r, 'but :! [~elieie '~eOP:[e~ wodid 'be be~%e=:.eatis.~ted-,-~itS...f~; -jr.-We a~a'in:notify.the p~ertyowner cf then have saih,~ ,Th&~ £s':~","l~:t,'dkf;f~r~nt 'than. $7':50. i think I will shop. around and see if I c~n beat itt.' Give the~ ten days to do that:;" If they haven'it'doqe'it'.in ten days, the City will' ha~e' it 'Ouf[~:g discUsSiOn, ci2yAt~orney Adams'informed the Council this suggested procedure could be taken care of ~dministratively rather thanbY an ordinance amendment. 'i' MaYbr Avery commented. Mr. saufiders I u~derstand,th~t SuggestiOn' i~'tha't' B~fo~e:the'$i~ is'~warded~o the low bidder, the -~oBe~y 6wrier Be giv~ ~ '£en ~ay notice that the bids have been re- ceived an~ the low bid is a 'certain amount, and then proceed'ag U~ual.' i~ w~s so m~ved by Mr. Sa~nders,' secpnded by Mr. Talbot and 'un~'~i~0us- l~'Carried '"" Cit Clerk Wo,'thing ~ea'd'a.copy of ~he nb'rice that is Sent'~°~Pro- perty',owners when: a nuiSanc~ ViolatiOnlhaS. bee~..declared', a~ stated %hat ~n each daS~, .the ~pec[fic vi0i~i0n .is m~de known t~ .:n~ ~0per- -'. Ra~r Avery co~end~d the administration lot the efficient manner ~0~ea~re is onl~'~'ntend~d'to produce be~ter~.~ubii¢"reIation~!~ -5. ~t~ 'Clerk' W~rthi~g~ r&ad~the follOw£ng le~er C~ty'go. Ve=n~nt i~s.g~.ea~y, appreciate~. On .b~half.ofthe 5. ~e City Clerk read the following.letter to the City Manager, from Mr. Raymon~ C. Sittig, Administrative Assistant of the Florida League of Municipalities, dated February 4th: "I certainly appreciated your kind reception during my recent visit to Delray Beach. As you know, Mr. Butler and I always appreciate the opportunity to meet and discuss municipal prob- lems with city officials at the local level. I also want to thank you for your many comments on the recent completion of the first phase of your sewage outfall system and for introducing me to Mr. Woodard, who is considering the pre- paration of an article on this system for publication in a future issue of the FLORIDA MUNICIPAL RECORD. Please be assured that we Will be happy to include this article at such time as it may be proper and convenient, for the City of Delray Beach. Assuring you that we are always happy to be of service, and with kindest regards." 5. The following letter to City.Manager Holland from the City Manager of Kissimee, Florida, dated JanUary 26th, was read= "I was sorry that we missed you Friday but was able to look at your beautiful City Hall during ~ur lunch hour. Your employees were very helpful and cordial which we appreciate very much. I am sure now that we will be able to construct a better city hall after having seen your's~ Again, thank you very much for allowing us to look at your build- ing and if we can ever be of service to you in any manner please do not hesitate to let US know." 5. The following letter from Mr. Clarence A. Bingham to City Manager Holland, dated January 23rd, was read= "The sincere appreciation of residents on Marine Wa~ Palm Square, S. E. 7th Avenue and the east ends of 1st and 2nd Streets is here-. with expressed to you. The prompt and thorough fill and grassing of the curved corner opposite the marine supply station greatly improves that spot. We stand, within our ability, to aid in completion of safety work on the walk along the east side of Marine Way, north of the foot of 1st Street." 5. CitylClerk Wo~thin~_repd 'the following letter from'Mr. & Mrs. Wm. T. Snow, owners of the Bon Airs Hotel~ dated January 28th: "We wish to take this opportunity to express our gratitude %o the local Fire Department for their speed and efficiency in fighting the fire at our hotel on December 8th, 1964~ Our observation was that each man was well trained and well qualified for their respective jobs. We and our guests want to express ou~ thanks for a job well done." 5.a. Mr. Croft informed the Council of a letter he had received from the Tri-County Governmental League concerning a regular meeting to be held February 12th, 1965, at 7:00 P.M., which would be a dinner meet- ing, at the Round Table Restaurant, Fort Lauderdale, guest speaker to be Mr. Tom Adams, Secretary of Stats. Mr. Adams' talk will be on water conservation. Concerning reservations from Delra¥ Beach, Councilmen Jurney, Talbot, and Croft, as well as City Engineer Fleming and Mr. O. W. Woodard, Jr., indicated that they planned to attend said dinner meeting, accompanied by their wives or a friend° Mr. Woodard was asked to notify the League of the reservations from Delray Beach. -4- 2-8-65 5.a. Mr.-Croft informed the Council of a letter he had received from the owners of the Heavener Apartments, 132 S. E. 5th Avenue, concern- ing the monthly charges for garbage and sanitary sewer service, and the method of charging apartment owners on a year round basis, along with the monthly water bill, when the.apartments 'are not open the year around, thereby working a hardship. Mr. Croft said he felt some consideration should be given to these people, and many others where there are special hardships. Mayor Avery, with the approval of the Council, appointed Mr. Croft, as Chairman, together with City Manager Holland and Finance Director Weber, as a Committee to study this situation. 5.a. Mr. Talbot said he understands that the City Attorney is working on a complicated noise ordinance, and subject to the approval of the Council, he would like to see the City Attorney make a study of the ordinances used by other towns and cities concerning the maintenance of sea walls, as he feels one will soon be needed in Delray Beach. Mr, Talbot suggested consideration of an ordinance concerning all night parking on public streets, as he felt it would lend a certain amount of security to the .community as a whole, and would give the Police Department something to check on if they find cars parked after certain hours. Mr. Talbot also suggested a report or recommendations from the Police Department as to their thinking on the advisability of such aD a!.l night ,parking ordinance .~.0 ~nv~sti~te tlhi.~-mat~er; s~e. Wh_~t 'other :~WnS-~e dOi~ 'ab'~h~ 'i.'.t, 5..'.. ~. Talbot men~i0n~d Council'pOliCY'on 'requi~ing coin~cti0ns' 'to %~e re6~nti~'~o~Dieted'S&~itary sewer system, and Malor A=er~ comment- ed aS ~l!Ow~ .!i ~o~ will .r~!~er, i~.the ~ls~ssfons,. t~e Cp.u~cil ~ad g~ee4 as a matter of ~licy' that .they Would giPe people through ~h&"S&~sO~: ~C~ ~f th&"tear=~p~'i~01ve'~. :" The season applies to the .town as a whole, not to just one particular area~ because everyone 'over ~he ~ has theiY guests d'own .dUr%ng~ ~the 'winte~ 'It xs th9 4eh au'tion as 'they want to.' . .' '' ' ' . : / .'/.."~[.i.]~' ' of the _season this y~aI, ~nd after that time, ,action would be taken to iorc'e' ,conn~c~:i~0n '(6 {h~:Sa'~'it~at{"s~{e~-sY~'(em;:'' c,~.-.~---:. ...... --. '.5.a'i': ~y6r 'A%er~' S~iJ'"there ~r~ se4e~al probl~ .~o be faced b~ .the '~d'~oai~a~'{. ~'ano'~her" ~n~ Ming "neigh~0r~0~ iecreati0n ~-ar~.~, - ,hie' aenkiohed uy mr, 'sur~.~ a=hg'.hi'S :~a~&ig~ and a l'~t~e'r ~ b~ sen'td'fl: tonight c~ncerning a new r.~creational complex in': the. City Park. . MaYOr Avery: ~,~fd -~:i~ 'woUld-' mea~--a :~'a~r' Com~r~hensire' considerable s+~d, after whzc ~ .:! .::. "~.!~, .. ..' . ': b, fur%her plans to~ard':S~'id could be sade. 'He'-Commented fUr~erl "You do ~'a=e ~undS'"a'~aiiabi~ in y~Ur. Capital :l-~ro%~efft 'p~nd; 'w~ich is the-excess, in cigarette :~a-xes,. a.nd. i! you:twill recall, at that time, we had..m~e.the .statement .:..that . ~t, W°uld. ~e, :~ib!e a ~ap~ta1- :i~provement ..prOgram., . League oS .Munici'p[a. Ii{ie'S' in Prom6ti~g '~his;-pointed'-'oUt.. 'tha~ YOu' ' tiU~',"~0~ j'6~-n"-~tak&· :hi'i~ O~ :the'' eXCeSS 'Cigarette ~ney, 'leaVing '-a 'p~6v6~ne .Pund'::a~':;'{t '~'~'id not'.~e ne~i~'i:arY tO :raise tae~,:' "~i~, of -5- 2-8-65 Mayor Avery said there is a need for an adult recreation facility in Delray Beach,~that there is a good lawn bowling facility, a wonder- ful Senior Citizens Club, but~the shuffleboard courts are in very bad shape. Mayor'Avery then pres'e~ted the ~ollowing letter from Mr. C, W. Rice, acting by directibn of the group listed in said letter, dated February 4th: "The three below listed organizations have designated their representatives as named with the hope they might be included in a committee appointed by~Council to explore and offer re- commendations towards securing s new recreational complex in the City Park: Delray Beach Recreation Club C.W. Rice Senior Citizens Club Lawrence V. Everett Bowling on the Green Group ~eorge H. Ganson We believe that our City is somewhat behind it's neighbors in providing new modern facilities for at least the two first mentioned groups, we observe a s.ubstantially larger number of visitors using these facilities this winter. Most of them are enjoying their golden years and if we can provide for their happiness, they in return will boost the economy of this City. We further believe prompt action is imperative and will you kindly keep us advised as to Council's attitude. Your kind consideration will be appreciated." Mayor Avery said he would like to appoint Mr. Rice, Col. Everett, and ~ Ganson as a committee, with Mr. Rice as Chairman, to initiate the suggested studies with the understanding that the City Manager and his personnel are available to said committee for help in estimates and for preliminary planning purposes. It was so moved by Mr. Jurney, seconded by Mr. Talbot and unanimously carried. Following discussion, Mayor Avery appointed Councilman Juicy to said Committee for consultation purposes. 6.a. Concerning a public hearing on 1-95, Mayor Avery commented as.. follows: "This was placed on the agenda at my request purely for the information of the public. For the information of the public~ to- morrow morning at 10:00 A.M.. at the Mounts Building on Military Trail just west of the airport in West Palm Beach, there is to be a hearing by the State Road Department relative to the construction of Inter- state Highway 95. This is a limited access highway, the right-of-way of which passes through Delray Beach just this side of the Seaboard tracks, and this right-of-way has been procured since about 1948 orr 1949. The then County Commissioner, Mr. C. Y. Byrd, purchased this~ right-of-way all the way from Broward County northward to Lantana. 1-95 has been kicked around by the past State administration, and in running for election this year, Governor Burns said it would take top flight priority, and many people in Palm Beach'County voted for Mr. Burns just on' the force of this statement. Your City Council has pre~ pared a very full brief,'and the entire Council is going up, together with representatives of the City Administration. I would like to say that Mr. Woodard has done yeoman's work at the direction of the City Council and has prepared a very fine brief. We are presenting as evidence some thirty-six items, we took the leadership at Mr. Talbot~s suggestion and had a meeting' here of all the communities in Broward and Palm Beach Counties, and planned our course of action; We ask the public listening tonight and also the public attending this meeting to appear tomorrow at 10:00 A.M. as individuals and show them at this State Road Board hearing that the people of'Palm Beach County consider this very critical." Mayor A~ery then 'read the cover letter of the brief, which will be presented at said public hearing. -6-- 2-8-65 6.b. City C!erk.~orthing informed the Council that.the Correction Committeerespectfully reqU~ts"coUncii ~uthoriza~ion to review and update. preliminary investigatory Work ~rewio~sl~ 9~th~r~zed bY Council for c6nstruction'_of a new ~ice'Department~bUilding and~jail faCility~ andread.the following excerpt ~rom thekr'January ~3th meeting minutes: "The third matter the Committee discussed was an item of new business~ The Committee would like to~ at this time, coptinue the preliminary invpstig~tor~ work Pre~iously.authorized,by the City and-for..whic~.,'Prel~mi'nary Rians are in eXisten6e .for %he con~trdctlon o'f a newpol~ce dep~rt&ent and J~il facility to be l~cated on the mu~icipally owned propertY Immediately north City Hall. We' feel theforty year old ~old citYH~li?"should be demoliahed; the parki.ng.16~ to its immediate ,,south, .brought up to the alley a~ that-point; and the entire,operation moved to the'previously mentioned location as~per pr~i0us..city planning had anticipated, The Committee~f~els that ul~ima%~{y..ahould'thi, matter be resolved in such fashion a~ meets the Council's. approval~ the f6nds could be obtained from the Capital I~p~emen~ ~ontingency Fund by floating a revenue bond,.iss~e (short term), authorizing these funds. Such financi~g could be accomplishedinexpensively.. ' 'hired b ' the City~ Fir' Kenheth Jacobson, and~ the C~ief of~ Police, · R. C. Cro~t,~ ~o review w~th them ~hepr~li~lnary. RIans ~nd spe 'fiCatlons in exi~tence. It zs the Committee's understanding %hat .M~r~. Jpcobson~was.hire.d by theCity,~ baaed 9n, his experienc9 in ~Ci'~'i~, hehad'aiS~ad'"'au~i~i6hal'"~xp~ie~~ ~- .~ih~ormat.i&n_ga%hering.~od~,fo=the-CoUn~il,.--and.%hat ih~coh- '~~ With the architect, the Chief of PoliCe, and any other .~ppropriate individuals,.it would compile and c0n4eBs~ th~ Berti- '&en~:ihf0~ma~i0nl ~n~0'aP~ropr~ate"for& for preSentati°n'tO'~e- Mr. s~ndet~"'~d tO a.'ut~ize the' cor~e~£ioh c°~mi~]~eh ~s ~uggested,. the. motion being aeconded b¥+~.. ~urn~y and unan~mopaly carried; fi-C.. '~a~.r ::Ave~"in~e~' ~:~" .~°~n'cil %~a.t..~'..: ~::': ~';: o.'.~. '.~d some very good'ideas 6n~ea~h erosion, and hadexpre~ed his' willingness set%6:'0n th:e ~Oa:c~ :ErO~i'0n'Committee=; whi~Wa.S a~&~a~i'e t~'Mr. Talbot, Chairman of th~t'Committee,' Mr. T. M. O'.Neal wa~ unanimously appointed 'to ~e.mbe. rsh.~p~..OB t~eBeach. Eros!on¢omm~ttee ~n.mot~O~ and'~e¢Onded ~y'Mr:' ~ur~e~.~ . · ' · .' '. · ' 6.d:....~on~:erning:'~he' p~0po'se:d deye!opmeR~ '0~ the. ~0pr~ :t=~C~:'~f" ~d in section.'. ~;4~.'~3," ci~Y."8~erk Wor~hin~ i~orme~: .~e. C~S.~ hea~ing~:~ad'~e'en properly 'adwertise~ .a~ ~ell 'as ho~.Ces$0~arde~to 'the-! c%~ie~"'o~" ~fe'~t~d pr°~e'~t£e~; - A ~ketCh' of. :~h6 'p~P~t~.' sensed Sho~ing.'thep~esen_ttY Rroposed development, also.'the original pro~bS~'a~:.t~e':'~ime':'the'P=°~rt¥'Wasa~e~ed] which-comparison-was requested.~¥ Council 9n 5an~a~y 2.5:tb ........... D~£ng:..~omme~tS'0.~$ty. E~ineerFlemiDg.expl~ned(~he...R~a~S: p'D..which Ord£fiah. Oe'N0. ~-508'was .basedand continued'as ~oi'lOws"Conc~rn~ the Dre'~'e~t" ~ans :'' "!The ~lan:' D~e~ented her~' proposes. rei~t;~ eas~OklY:cul;dezSac,"which wa~ 'originally shown ea'st.0f.'the'~e~t boun - arz.gf_Lot ~5., as zndicated. It is to be moved westerly a dz.stance of -7- 2-8-65 eighty feet. They propose to establish a newsix foot easement from the cul-de-sac to the finger canal to ~he north. They furtherpropose to abandon the unneeded easement if this is granted. They further pro- pose to abandon the 6 foot easement on the west boundary of Lot 24. The reason for this, as Mrs. Moore explained to me, was that they do not intend to subdivide that westerly portion. It will be all one property. The garbage, refuse and all City services will be effected through the cul-de,sac as shown in this location. Further, the road- way, which was originally Shown from the boundary line of Lot 25 to Lot 24, apparently would be abandoned, too, as it is not shown here~ although I see no mention of that fact. As to the design shown here, I will say that Dr'. Raborn was in my office today and requested that the easement~ as shown here, the proposed easement which would replace the two to be abandoned, be extended directly south thrOugh to the property line as the'other easements were shown. This would make for better engineering, and the drainage which is to be collected from the property line could then be 'run straight across to the Intracoastal waterway, ~ather than angled across the cul-de-sac and thence due north out of the easement. I agree to that suggestion. As far as I see now, that is the only change that Mrs. Moore has shown on here." The Planning Board report concerning thisitem was reviewed. Mr. Talbot pointed out that'there should be some protection of permanent ingress and e~ress to the western portion of the'property for whatever 'future development there 'might be of that portion of the property. Dr. Robert Raborn, during lengthy comments, reviewed past Council minutes and his past comments on this item, and stressed the fact that he felt it important that there be sufficient setbacks onthe Moore property from the commercially zone~ Properties to thesouth, and con- cluded his Comments &s follows: '"My 'personal appeal is that the .City think of the problem that I have facing my property. There is a roof drain ~rom the top of my building which empties underground into a dry well. This was originally designed by the engineers, who felt this was an adequate solution to the drainage of the roof. Now, it appears that the soil around here is pure muck and there is no ,may for this water to escape. The water simply goes into this so-called dry welI, boils right, back up and becomes surface water. The only way thi~ water can 'be gotten rid of is through an underground drain. This water should not be allowed to rise to the surface and run across someone else's property, then collect and then run downhill finally into the canal. I recognize this. The City Engineer recognizes this. He agreed this morning thut a straight drain, the shortest distance be- tween two points, underground, properly dedicated, six foot easement, just exactly as was done two years ago, There is no reason why the Council should reverse themselves. I believe that the Council should continue Ordinance G-~08 as previously passed, amend it perhaps to allow the Moore's to move their cul-de-sac, but in no way should alter the impDrtant provision of drainage. I thinkG-50B should be continued as it is, allow the Moore's to move their cul-de-sac, but please main- tain the drainage and please maintain the proper SetbaCks." Mr. Robert Gracey, representing the Christenson properties, during lengthy comments, reviewed the history of this item, and asked that Ordinance No. G-508 be followed. AttorneYR. W. Royce, representing ~s. Edith Moore, said the ordi- nance has been explained as it presently exists, and as it is proposed to be amended, and that Mrs. Moore's objective is compatible with. that of the City, and that is to plan for some orderly and feasible develop- ment of the property. Mr o Royce pointed out that the presentordinance is not workable, economically feasible, or fai~ to'the property, as it takes almost one-fourth of the property in roadway alone, and together with the cul-de-sac and the setbacks~ takes almost one-third of the entire~property. Attorney Royce said he would like to make three p~ints which have been discussed, and commented as follows: "First is the question of ingress and egress, that is, the dedication of public roads. I have -8- 2-8-65 given the City Attorney, this evening, some proposed language which would bring the amendments we propose into effect. I think the City Attorney can advise you, from th~ language which has been presented to him, that a road is dedicated almost four-hundred feet down the property, that a cul-de-sac is provided, and that we have further written into the proposed language given to the City Attorney s guar- antee that if at any time, any property owner on the two lots to the west demands ingress and egress, or part owner of any Of that property, they can have it across this p£pperty to the cul-de-sac and to the road, and I think this is demonstrative of the fact that no develop- ment is planned which would in a~y way deny this ingress and egress, or place any responsibility on any adjacent property to give it." Attorney Rpyce -~ then discussed the setbacks and said that they wanted uniformity, and that a thirty-seven foot setback on a one hundred and ten foot piece of property constitutes an extreme burden on that pro- petty. Concerning drainage, Attorney Royce said that d~ainage would be given, which is a concession to good neighbor policy, and would be provided by a six foot easement across the property; further, they feel it would be unfair to require two easements, which would divide the property into three parce!~~ when one easement, as outlined on the sketch and also by Dr. Raborn, in the cul-de,sac area., would be ade- quate. Mayor Avery said he was trying to clarify the situ~tion and asked Dr. Raborn if he had any objection to abandoning a drainage easement 'iOda'~i0n and .estabi~sh~ng' '~ne e~gh:t~ feet~ further' we.s't" ~t the '~n~ of .a .Cu!EdeJ~a~,' ~nd' 'DRY" Rab~r~'' answered: ' "'No~e. Whatsoever'. ourin~ 'discussion', it_ was p0inted"0Ut::'.th~t.'.deedS to of-way, Cul-de-sac and drainage easements-had not been ~xecUted and presented to the City as yet,' and it was also poi~tedout that the deeds had not been made as there was.Do definite decision as t6'wh~?e the cul-de-sac would be pl~'~ed. ' · '~ 'Mr. TalbO~ ~qggested tha~ ordinan~' ~'~' '~'50.8 ~e a~ended and '~-pro- ~%t°r~y it6 amend '~ecti~ns ~';.4 ~and~'~ 6f"~ai~ ~rdinance, s~ec'i'fically to. accomp~ish the purpose shown on the .draWxng,~ and City Attorney Adams' said that ordinance c°Ula' be prepared for c~ns~dera~ion 'at the n~X~cOuncil meeting.' ............. Mr'. Gracey said the Christensons would.not object to .relpcating a drainage easement, so long as. it ~as .sufficient to'~ake care of Dr. RabOrn's building, which is in existence, 'b~t they ~o ~e~st that the City ~r0~ide for ad~quate':setbaCkS'between ~eS~den~ial'~nd~'.~m~ial ~ropertipsl Mpy~r Avery said he.wouid like to Clar£fy't~.e .situa~6n and comment- ed as follows: "You can, 'depending on your pleasure, elther~dehy'the request, or you can ~rant ~e request, modified to ex~end the easement, as requested, through to the south property line, 'and 'with the ~tipu- lati~n that' garbag~.andiprash be.del'iv~red'to the a~a .of the cul-de-sac% as,requested. If you dO that, you w~ll ~ran% t~eir request asmodified byMr. ~aIbot's suggestion', which was a good one and s[tiPulates that this garbage and trash would be brought-over, and would conform with What:the City Engineer had.recommended to provide proper drainage. This would satisf~ the requirements~ and stipulation that it will all be contingent:upon 'the receipt ~f deeds for the right-of,wpy and drainage easement." Mr; Saunders sai.~.that' ~Veryone seemed to be agreeable to the.plans for the easthalf of the property, and Mr. Talbot sugge.st6d'~hat'the ProPospd amended 8kd~ce stipulate.that ~f'and when tn~~ cul.de-sac is~ m0~pd"tb ~h~ .west', a" %wentylfive f6ot .rOad be dedi~a~ed.'aff.:th~~ 'time. ~ -'~%&r~ey ~6y~ e~Pl:ain&d'r.· "We"have provided i~ gqage,_.whxch is sub3'ect to th~ review andscrutiny of. YPur_¢itY%ttor- nep, that in'additiOn tb'~he 'road as sho~n on the' ~rin%]"aii p~ope~ty described in Section 1 of the Ordinance, thatbeing the entire property, -9- 2'-8-65 shall be subject to the further provis~on in.the Ordinance, that should any o~ner or ocCUPant-of Lot ll'or ~ot 24 or any part thereof require or request ingress or egress, such ingress and egress shall be provided across Lots 11 and 24 or any part thereof over the afore- mentioned'cul~de,sac and roadway. We are willing to write into the ordinance a covenant which ~ill affect the property and be a restric- tion on that property, which will, in effect, guarantee one way or the other that anybody who is ~coupying Lots I1 or 24 or any part thereof can get to that cul-de-sac and to that public roadway." City Attorney Adams asked if that could be put in the fo~m of a corded~covenant that would run with the land, and Attorney Royce said it could be accomplished by that means if the City desired it. FollOwing further discussion, Mr. Jurney moved that the City Attorney be directed tO draw up an ordinance and p~esent it to the Council at the next meeting 'for first reading, complying with the queste~ change to Ordinance No. G-$08, with the addition of the drain- age easement to the south line and the stipulation that garbage and trash be brought to the west end Of the cul-de-sac, and that the City of ~elray Beach is not resp~ilsible for any drainage going over this property to the canal fromD~. Raborn, in the event they have Some future drainage problems. C~ty ~m~i.~eer-Fleming explained that the City is only speaking of an easement, a~d no actual drainage struc- ture, in this case. Mr. Jurnsy said his' interest was that he did not want some property owner in the future to complain about a poor drain- age condition and ask the City to do so~ething about 'it. City Engineer Fleming explained' that would be determined by the Council, if such a request came, as to whether it wOuld be'done by the City and assessed against the property owner or done by him privately. Mayor Avery said for clarification, he would restate the motion of Mr. Jurney, and continuedt "Your motion is that the City Attorney be directed to draw Vp an ordinance for presentation on first reading at our next meeting, authorizing the requested change to Ordinance No. 508, l~at with the stipulation that the drainage easement be brought to the south property line and that garbage and trash be brought to the west end of the cul-de-sac, and that is all contingent upon receipt of the proper deeds.~' There was no second to the motion. Following a conference of ~he interested part,es around the sketch of the Moore property, Mr. Croft moved as follows: "I move that the amendment to Ordinance NO. G-508 to establish the easement for the drainage at the last proposed area, and the road right-of-way, as pro- posed, inc~uding the cul-de-sac, be presented to us st the next Council meeting with a completely corrected map as to what it entails, for our action at that time. It seems to me that we have reached the point that we have to have the amended ordinance that they ask for in black and white, and a map with no lines or rubbed out marks or scribbling on it, with the complete plan that they want .to come into the City, and the amended ordinance." Mr. Saunders asked'if that included any of the property'west of the proposed development, and Mr. Croft said that it did not. Mr. Saunders then asked if that changed any of the conditions of the property to the west of the proposed development, andMr. Croft said that the City Attorney had a copy of the proposed amendments, which he believed specified that. Mr. Avery said what is proposed would leave that a clear stretch of land and Mr. C~oft said that was what he thought. The motion was seconded by Nr. Jurney. It was pointed out that the new map would be furnished by Mrs. Moore or her attorney. Mr. Saunders said the motion did not include that the proposed drainage easement and right-of~w~y deeds be presented before passage of the ordinance, and Mr. Croft and Mr. Jurney accepted that addition to their motion and second. Mr. Talbot suggested another addition 'to the motion that all refuse, trash, garbage, etc., be brought to the west boundary of the cul-de- sac~ which addition was agreed upon by Mr. Croft and Mr. Jurney. -10- 2-8-65 Mr. Croft stated he wanted to be sure-the amended ordinance pro- vided that the drainage easement.be extended to .the south edge of the property. . -Attorney Royce was advised that the deeds should be presented to the City at the time of fins1 reading of the amended ordinance~ Upon call of roll, the motion-carried unanimously. 6.e. Concerning drainage of the alley in Elock 115, Mayor Avery.~e- minded the Council that Mrs. Julia Schrader had complained of the drainage in that area, which.would be made worse'by the paving of an addition&l parking lot at the Howard Johnson Restaurant, and .that the Council had instructed the City Manager-to investigate this matter and present plans for eliminating the difficulty. City ~9. gineer Fleming read his memorandum to the City Manager, of February 8th, copy of which.is attached.to the. official copy of these minutes. (See Pages 52-G & 52-H) Mayor Avery.asked where the catch~ basin would be located, and the City Engineer said it would be in the.-center of the alley approximately at the north line of Mrs. Schrader's..property, and that it would be lowered slightly so that all properties~in the area would drain to it. Mrs. Schrader asked that quick action be taken to eliminate the drainage problem. There was a question as to where the money would be obtained for 'this drainage installation, and Finance Director Weber said that inas- much as this area had been.drained and the.drainage.paid for under the Specia 1' AS~essm~"tS Fund ~ 'h&" W&dld: ii~" t& check into [~it .~2h,r' AsSesSment Fund, and if it could not, it would have to be paid from the:66ntingencyAccount 0f'~e General Fund~: ~r. Sunders mo~ed that the recommendation of the City ~ng'~neer be appr~ed,"the~one~to cSmefm°m %h&' Special Assessment. Fund if possi- b19, and if _n0t, to come from the Contingency Account Of the General Fund, the mo~ion being seconded bYMrI. croft'and Unani~0Usl¥~carrfgd. 6~:'~] Con¢~rhing ViOlation of ~he'City"~isance 'la~s, City Cl:~rk W°rthin~'~nf°~d'the'c0uncil that'in 'C&~lian~e w~'~h Cha :ter'i5 of th%: Cit '' Co© ~' '.''' ' - P Cit. ~,ay S.. d~ ~f Ord~nances,.thiS survP~.repo~t is submitted~b~ t~e y ~ n~9er, and if they donor desire ahy further information re- lative thereto' the Clerk should'b~"directed to. comp.l¥~wlth sa;id . Chap~e~ 15 of the Code, as applicable to such survey report, to provide for abatement of the nuisances determined to exist, as re- f.lect~d therein. It was sO ~oved by..Mr. Talbot, s~c0n~ed bY Mr. Saunde~s and unanimOus!'y ~arried. ' (~PPY o.f said nuisance violation list is attached to the o~ficial 6opy of these minutes.) (See Pages 5~-A a.52-B) -. i .. '' City Cl~rk ~0rthing informed the Council that the new procedure outlined tonight, csnCer~ing nuisanceViolations' WoUld 61g~ City"Clerk w°rthing 'im~0rme~ ~he ~0uncil that-the Lions.~ndus- er- ~'Sion:to sOifc~ith~:n, Deiray E~ach'~or, sale i~'a; ~any items of manufacture~ mainl'Yh6usehOld items, and being a non- PrOfit organtzati~'n, further request the Waiving of any occupational license fee. "' ' '-"" It was pointed"out that this'organization' had no 'connection.with the %!0ns Club, and there Was diacussi0~ Co~carning it~e~ items'~ha£~e~e sold; and-by whom they were made'andSold. Mr. Saunders moved that ~is ~tem ~e tabled,~pending a re.commenda- tion from the Chamber 'of commerce as to~.~oper aution,!the motion being Sec°Dde~'bYMr"Taibgt andlu~animously ~arried. ~.~. ~e fo~lowin~ ~etter~f=om the he,ray ,each d~ed February 5t~ Was read= - - -11-, 2-8-65 "On recommendation by the Merchants Division, the Board of Directors of the Delary Beach Chamber of Commerce voted approval for that Division to present to the M~yor and Council the follow- ing items which are of importance to the economy of our central business district: 1. Request the Council instruct the City Manager to set up and put into force a truck route that would divert through-truck t~af~ic away from the downtown area° 2. Request the City Manager to meet and work With the Merchants Division for the purpose of.arriving at a workable solution re- lative to parking time limits in the municipal parking lots as soon as possible. 3. Request a feasibility study be made for the installation of lights in the municipal parking lots. 4. Request permission for the Merchants Committee to meet with the Beautification Committee of the City for the purpose of dis- cussing several proposed programs of general beautification. Members ofthe Merchants Division would like to personally comment on these items at the next meeting of the council." Mr. William George, Chairman of the Merchants' Division 'of the Chamber of Commerce, commented on the different.itemspresented in the letter and said that the desire of the Chamber is that the Council give their permission for the Chamber of Commerce to work with the City Manager and the Beautification Committee and work out a plan that is feasible for presentation to the Council. Mr. George said they also wanted to work with the City on the two hour parking limit in certain City parking lots, as they did not want that lifted; further, that the lighting for the municipal parking lots could be considered later when there was sufficient'money for same. Mayor Avery said that a motion was in order requesting the Beauti- fication Committee to meet.with the Chamber. of Commerce, and directing the City Manager to meet With the Chamber of Commerce Merchants' Division on problems they would .like to 'bring befOre the Council at a future date. It was so moved by Mr. Talbot, seconded by Mr. Saunders and unanimously carried. 7.b. The City Clerk informed the Council that proper application has been filed by Bishop L. N. Quince, on behalf of the Church of the Living God, requesting permission to solicit funds for church con- struction in thewestern sector of town. Mayor Avery said that the Council had gone on record as protecting the Community Chest drive and if permission was granted to the Church, it should be subject to the completion.of the Community Chest drive, and should not be started until the Community Chest had reached their goal. Unanimous permission for solicitation of funds by the Church of the Living God was granted, subject to said solicitation not starting until after the completion of the Community Chest drive, on motion by Mr. Saunders and seconded by Mr. Croft. 7.c. Concerning renewal of the City Dock lease, City Clerk Worthing informed the Council that.the original lease, dated September 29, 1955~ was for a period of ten years from said date, terminating September 30, 1965, and the Plym CompanY] under date of December 28, 1964, ad- vised of electing to renew said lease.for a period of five years on the same terms as contained in the original leasco Further, if it is the pleasure of the Council to do so, it could accept the notice from Plym Company, dated December 28, 1964, electing to renew the lease for a period of five years, commencing on September 30, 1965. -12- 2-8-65 Mr. Saunders Said since there was no~ alternative, he would move for the acceptance of said notice, from. the Plym Company, the motion being seconded by Mr% Croft. Following lengthy disc~ssion roll, Mr. Croft, Mr. Saunders and Mayor Avery voted in favor of the motion, and Mr. Jurney and Mr. Talbot were opposed. The motion carried. 7.d. City Clerk worthing informed the. Council that the four year ~erm of Mr. Paul G. Herig, Chairman of the Building Code Appeal Board, would expire on February 12th~ 1965, and Building Official R. A. HUghson recommends the reappointment of Mr. Herig to said Board for a continued four year term from t~ha.t date. Mr. Herig was unanimously reappointed for a four year term on the Building Code Appeal Board, on motion by Mr. Croft and seconded by Mr. Jurney. .. 7.e. The Council was informed that a petition for zoning change, affecting portions of Lots 115 .and ~16 in Plumo.sa Park, had been received, which parcel of land is on. the northeast corner of N, ~. 3rd Avenue and 14th Street, -on the west side of the F.F,.C.~ Railroad right- of-way° Further, the Council may deny the request or refer same to the Planning/Zoning Board with a request that a public hearing be held thereon, which petition seeks a change from R-2~ (One and Two Family Dwelling District) to C-2 (General Commercial District). .~aid. petition for zoning.change was unanimously referred to the 'C~O£~')'"~' : ' ...... ' ~ .... '" -: :.',:" '-:': :'~.:'":: A RESOLUTION ~F THE CITY COUNCIL OF THE CITY OF DELRAy ~ ..... ' . .BEACH, FLOR_IDA~,.ASSES~NG COST FOR.%BATI~G NUISANCES :(coP~':'r0~':-'Reso!ution No. 7-65 and assessments is attached to 'the official ~opy of thsse m%nutes,) (See . / ..:~. -. n N. ~..7~65 .was ~anim~sly'Pa~Sed and ~d6~te~' ~'thi~ first ..~9...f~l reading; bn -~0~'i0'n~ by .~.[ T~%bo~ '~d sec6~hd~d,.~Y:' .~'."~urney. ~:'~':'' ~. cit~ cierk::preseh~ed ' 'E~EN~y O~X~NC~:NO~~ %j~'5~ ...... - .... D~Y...B~CH,: PLO~I~;, A~NnXNG ~CTi~N .' .... (Copy ~f ordinance No. 1.-6;5.i~ at~=h~d to:..~e, o~ficial copy-of these ~inutes'.:) "(See ~a~:]5~,~') ""?[ :"?;~ ." ~' .'?' ..... : ' .. E~rgency. or~inance..No...1~65 w.as .unanimously passed, and adogt~d on 8~C. .",':Jr: :~,. '-: ........... ~ - ' -13- 2-8-65 City Attorney Adams explained that this amendment to Section 15-26 was necessary, as prior to this time, a car owner could execute an agreement with the City and the City would have such vehicle hauled or towed away free of ch&rge, but the City Manager's source had disap- peared, and this ordinance specifies thatthe cost for such removal shall he agreed upon at the time of execution of the aforesaid agree- ment and shall not exceed $15.00. Following lengthy discussion concerning the limit placed on what it may cost to remove said junked vehicles, it was agreed that the figure of $15.00 ShoUld be increas'ed to $25.00. Mr. Saunders moved that Ordinance No. 2-65 be placed'on first reading, as amended. The motion was seconded by Mr. Talbot and carried unanimously. 9.a. Concerning a complaint of January 23rd pertaining to the con- dition of Vista Del Mar Drive, the following memorandum from ASsistant City Engineer D. E. Christison, dated January 28th~ was presented= "With regard to your request for an estimate of quantities and approximate cost of resurfacing Vista Del Mar west of Andrews Ave.; this street has an area of'5,305 Sq. Yds. If a thin 3/4 inch asphaltic concrete wearing course can be applied, approximately 150 tons of asphalt will be required. At $9.00 per ton placed, this would amount to $1,350. If it is desired to place approximately 1 inch thickness of asphalt, approximately 295 tons of asphalt would be required at a cost of $2,655. The thinner course would satisfy the needs of providing a better looking-surface on this'Street 'and could take out minor irregularities. The heavier course, if carefully placed could take out most of the irregularities in the surface. As to totally correcting the minor drainage problems, this would be virtually impossible without paved gutters, and due to the unstable condition of the sub-soi~ it is questionable as to how long they would be effective. An inverted crown m~ght be effective but would 'cause ponding of water in some yards and driveways, and with the grade, aS low as it is, I would not deem it advisable to try to hold the sides and lower the center° This would also add much to the cost as it would require a complete shaping job. City Manager Holland explained-that the street Was'in fairly good repair, but it did look bad from the many cuts from different-angles that had been made during the installation of the sanitary sewer system. The use of Slurry-seal was suggested, and City Engineer Fleming said that could be applied for approximately a third of the cost of the one inch thickness of asphalt, but there would need to be a little preliminary work done on the street to eliminate the ponding that was mentioned by Col. Meek in his complaint. Mr, Croft moved that the City Manager be directed to bring back to Council a report on the cost of correcting the irregularities in the street and application of slurry-seal, the motion being seconded by Mr° Talbot and unanimously carried. 10.x. Concerning application of Mr. Donald webb for anoc~upational license, CityAttorney Adams reported as follows: "Earlierin the evening, a request by Mr. Donald~Webb came up as to his acquiring a City license for painting Withput a'County license. In briefly re- searching this, I find that the Council passed this County license "requirement in April of 1964 and there is apparently no way to waive this Particular provision without amending the ordinance. The County does grant exemptions to disabled veterans in some cases and the exemptions that we have. in our disabled veterans requirements are the same as the CountY,s requirements, and we. require the same investig.-. ation. I' talked with the Building Official about it and his re- commendation, and I think 'it is probably a pretty good one, is to defer the matter to the Contractors' Board with a request that they have a re.~ommendation at the next meeting. . During discussion, Mayor Avery said he felt .this should be taken care of as quickly as possible in any Way that would be legal. Mr. Talbot moved that'Building Official Hughson be instructed to ~%gcompany Mr. Webb to the County office within the next day or two '~'h an attempt to assist him in obtaining his County license. Mayor Avery commented: "Authorized to give him a license in any way that is legally possible to do it, whether it is to the Contractors' Board, County, or whatever:is necessary. We authorize it s~bject to any legal way that it can be done and it be handled personally," It was so moved by Mr. Talbot, seconded by Mr. Jurney and unanimously carried. Mayor Avery explained that the requirement of a County license be- fore issuance of a City license was a very good procedure, as the County requirements were the same as the City desired, 'and that this procedure eliminated 'time and expense on the part of the City. o do ~e ~aslc s~ ~ .................................... C... ,It was,also 'the feeling of th~ bgard .that during,.$hi?. other perSoAnei-had been- ~nvestigated.. . '. . g ~, Jacobson said there'was a good-Plan~ing. DePa~ment? at' the County hea~s :u~. the: ~ovgrnment ~nd ?ol'~tic~l; Science Se~ice': at that universi- therefore, the Board recommends that Mr. Simons be retained to update the 1960-61 plan. Mayor Avery commented as follows: -"Mr. Jacobson, does the Chair understand this? Mr. Simons will update this report~ with the western expansion planning taking care of west Atlantic Avenue as far as Military Trail, for $5,000.00,and then he will be available one day per month for $125.00 plus expenses, which makes a total of about $6,000.00. This will give the Planning Board and the Council Mr. Simons! services one day a month for consultation."' Mr. Talbot commended the Planning Board on their suggestion and moved that the Planning B0ard~s recommendation be approved. Mr. Jacobson said the time required would be from six_ to eight months, which would toper the fourteen facets instead of just the'two volumes. Mayor Avery reminded the Council that there was not $7,000.00 budgeted for that purpose, as ~ budget time this had been discussed and it had been agree~ that when the need for this money arose it would be taken from the Contingency Account. It was pointed out that there would be no other planner considered until the report was updated by Mr. Simons. Mr. Talbot then moved that the .recommendation of the Planning Board be accepted, and the money up to the amount of $6,000.00, be taken from the Contingency Account, which was originally included in the 1964-65 budget. The motion was seconded by Mr. Jurney and carried unanimously~ 10.x. City Clerk WOrthing reminded the:Council that they ha~, at their lastmeeting, authorized a contract be entered into with the Intercounty Construction Company, and .presented the following memorandum from Finance Director Weber to the City Manager, dated February 4th: "With the signing of the contract with the Inter-County Con- struction Co. for installation of the water distribution on West Atlantic Avenue in the amount of $97,655.30 it will be necessary to ask the City.Council to transfer $47,656.00 ~rom ' the Water and Sewer Fund, Contingency Account No. 915 858 800 to the Transmission'and Distribution Account No. 915 440 645." It was so moved by Mr. Talbot, seconde~ ~y Mr. Croft and unanimously carried. 10.x. The City Clerk presented t~e following, request from Mr. Carl G. Wesley, Band Director of carver ~igh School: "The CarverHigh School Band is requesting permission to sell tickets in the community o'f Delray Beach for a band concert. The ticket sale will end February 24, 1965. Each student will have a letter verifying that he or she has been selected to sell tickets. Thank you for your cooperation." The request for ticket sales was unanimously granted on motion by Mr. Croft and seconded by Mr. Talbot. lO.x. The City Clerk presented an application for solicitation of funds from the Palm Beach County Chapter of Leukemia Society, Inc. Said request for funds was unanimously tabled for further investi- gation, on motion by Mr. Saunders and seconded by Mr. Talbot. 10.x. City Clerk Worthing reminded the Council of the Florida League of Municipalities Conference for City Officials to be held in orlando on February 14, 15 and 16, 1965, at the Cherry PlaZa Hotel. Following discussion, Mr. Croft moved that authorization be given to cpver the expense to said Conference of the City Attorney, City Mana.~er, and City Councilmen or other administrative personnel where it is indicated they can benefit from 'said conference. The motion was seconded byMr. Jurney and carried unanimously. -16- 2-8-65 10.x. City Manager Holland informedthe Council that he had inspect- ed the tennis building with Mr. Jacobson and it is his thinking that the building would have a much better appearance if the ceilings of the pro shop, dressing rooms and recreation room were plastered in- stead of being left with exposed beams, and that Mr. Jacobson had advised the additional plastering could be taken care of for an additional $572.00, at the time the plasterer was in the building doing the other work. Following discussion, Mr. Talbot moved ~at this item.be ~abled until the next meeting in order that the Councilmen may inspect the building and present their recommendations. The motion was seconded by Mro Jurney and carried unanimously. 10.a, The following Bills for Approval were presented: General Fund ~_. $ 159,504.05 Water Operating & Maintenance Fund. 91,926.33 Water Revenue Fund 30,000.00 Special Assessment Fund 900.00 Refundable Deposits Fund 2,308.68 Beach Disaster Fund 1,193.34 Improvement Fund 7,215.00 Mr. Talbot moved that the bills be paid, the motion being seconded by Mr. Jurney. Upon call of roll, Mr. Croft, Mr. Jurney, Mr. Saunders and Mr. Talbot voted in favor of the motion, and Mayor Avery voted "no". Mayor Avery qualified his. vote in that he is an officer of a company with a bill in the Bills for Approval. The meeting adjourned at 11:40 P.MJ', by order of Mayor Avery. R. D. WORTHING City Clerk APPROVED: MAYOR -17- 2-8-65 52 PROPERTIES IN VIOLATION OF ORDINANCE NO. G-l~7 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE PROPERTY CITY OWNER .ADDRESS DESC RIPT I ON ~C ODE 1o Duncan & % "Bud & Mary" Unimproved portion 15-3 Patricia Hunter P. 0. Box 2 of Lots6, 7 & EY0 & 15-4 Islamorado, Fla. ft. of 8, Bellview C curt 2. R. C. Lawson P. 0. Box 593 Unimproved portion 15-3 D~lray Beach, Fla. of N~ of Blk. 159 less S 109' & less N 101.5' m/1 of W 180' 3. Maria K. % Rosalind Graham Unimproved W. pot- 15-3 Sterling Est. 18844 Gainsbore~Rd..tion of N 59' of Detroit 23, Mich. S 100f of Ocean Beach Lot 23 4. Great Valley Corp. P. 0. Box 351 Lot 17 less E 5' 15-3 Salamanca, N.Y. R/W, Blk. 106 & 15-4 5. A. Hofman, Wm. 54 S. E. ?th Ave. Lot 5? less S 10' Hofman~&.Ct'~r'ai:'~ ~Ap~r:~me'nt"#~~'' 0."':~!'~..~'Lots~'~58~~ -&162 thru A, SummerSon ' .~','~ ~-'.,Del~ay 'Bea6h, ~F~a. ~'6~6~ aIso..'N~ ~25' of 15-3 abandoned part of & 15-4 N.Eo 6th St. ly bet E'ly'R/WTli of N.E. Of '16~ N-8 ~lley, Ho~man AddiBlon 6..:Annle.Hofman" i'54 'S, E~ 7th Ave. LOt 61; ~also S 25' '~. '"Apartment..#5' of abandonedlpart of Delray Beach, Fla. 16th"St. ly bet E~ly 15-3 ~/w 1~ o~ N.E, · · ,~ ,". .... . · 'Ave4'&'W'ly'li o~ : ' ... "-' .'I6~ N~S ~lley~-~' 'Hofmkn..~ Add it ien .. 7. J. W. & ~n T. 608 N. E. 8~h Ave. '~LOt 5 & N~ of ~t 15-3 G~, Delray Beach, Fla. 6, Hofman 8th Ave. &..15-4 .,~ ." - ." ~'. ':'' .:" ~' Addition' . 8. Philip P..& :lI6~N. E. 7th. Ave. ~'L~t 7 &~S~."of<Lot 15-3 Grace 0. McBride Delray Beach, Fla. -6, Hofman"8th Ave. & 15-4 Addition 9. Vince V. Ca~ing~ 't335 E;' Atl~tic ~. :~ts'8.& 9,"Hofma.n Jr. Delray Beach, Fla. 8th Ave. Addition & 15-4 10. City of Delray '0ity Ha~l 16'~A~ley"rU~ing 15-3 Beach'. ' ~'Del~ay"Beabh~'.'FIa. N/~' bet~5~h &"Tth & 15~4 S%~.~' ~ ly:i~' bet N~E. ?%h:&-Sth Aves 11. City of De~ay City Hall Alley in-Bik; 63 15-3 Beach Delray Beach, Fla. ru~ning' N/S, East & 15-4 Of Lots '.1~; ~5 12. R. C. & Ivy M. -~-366~ Lakeshore ~vd. ~t-13~ Blk. 63 15-3 Harwood W.i-. Lone Brach' - ": &~ 15-4 Toronto 14, 0nt, Canada. -- 13, Harry Albert a 722 Wadsworth St. "~ts i4,-&'15, 15-3 Genevieve Taylor Syracuse, N.Y. 'BIkQ"63 . & 15-4 0~ 52-B Page 2 PROPERTIES I~ V~OLATION OF ORDINANCE NO. G-147 AND SECTION 15-3 & 15-4 0F THE CITY CODE Violatioms 15-3 and 15-4 as concerns this report of above listed properties are as follows: ITEM 1. t5-3 ~ - Loose Trash on West Property Line 15-4 ~ - Weeds & .Undergrowth on N. W. part of Property 2. 15-3 ~ - High Pines on West Vacant Part of Property 15-3 - - High Pine Trees on West Vacant Part of Property 15-3 - ~ Trash and debris 15-~ ~ - Weeds 5o 15-3 - - Broken tree limbs on lote 65 & 66 (one tree on each lot to be trimmed - balance of property broken tree limbs and debris) 15-~ - - Weeds on property except lots 65 and 66 6. 15-3 - - Broken Tree Limbs and Debris 15-4 - - Weeds 7. 15-3 - - Broken tree limbs and trash 15-4 - - Weeds 8. 15~3 - - Broken tree limbs 15-4 - - Weeds 9. 15-3 - - Broken tree limbs 15-4 - - High Weeds '10. 15-3'- - Broken Tree limbs and Trash 15-k ~ - Weeds 11. 15-3 - - Broken Tree limbs and Trash 15-4 - - Weeds 12. 15-3 - - Broken trees and debris (large storm damaged rubber tree - part necessary to be removed) 15-~$ - - Weeds 1~. 15-3 - - Tree limbs and debris 15-4 - - Weeds Submitted to the City·Council by the City Manager on this 8th day of February,~ 1965. RESOL~TION NO, 7-65. A I~OLUTION OF TI~E cITY COUNCIL OF THE OITY OF DEL~Y B~CH, ~RI~, AS~BING COSTS FOB A~TING ~ANC~ ~ CERTAIN ~I~S L~AT~ ~IN S~ CI~ SETT~G O~ ACTUAL C.~ iNC~ BY ~A~ CI~ T0 ACCO~LISH S~H A~TE~ A~ ~G ~E O~T O~ S~H 0F ~ ~ANC~, A~ ~ING SA~ ~ TO ~ A ~ ~ON ~ Pa0~ IN AN AM0~ AS ~ ~ ~PO~T OF T~ CI~ ~G~ 0~ DE~Y ~CH, F~IDA. ~.~EAS, .the City 0ouncil of the City of Delray Beach, did~ in "~?'~_r . /~fc,¥tl~///l/////sessign held on ~e 14th o~. n~m~m~r. -}q&4 ~deol~e t~-e~stenee of a ~ui- s~e UPo~'erta~ X'm~-'o~ P~ceXs Of l~d, described in a list sub- ~tted to them, f~ violation of ~ p~ovisiona of Ordin~oe G-~7; ~S, pursuit to such decl~ation, ~e City Clerk of said City did f~nlsh each of ~e respective o~ers of the lands deso~tb~ In said list wl~ a ~ot~oe desc~ibing ~e nat~e of ~e hula.ce ~d ~t they ~st aba~e Said nuis~oe wi~ ~i~ty (30) days~ failing In which the City 0o~cil would have it done, ~d the cost thereof would be levied as an asS~sment age.st said p~operty; ~d . ~S, the ~s herei~ter n~d did fail and neglect to abate the ~ance e~stl~ upon ~e~ respective l~ds wi~ the ~t~e presc~ibed in said notice ~d O~di~ce G-~7, ~d the City of De~ay Beach was requ~ed to and did enter ~on t~ following l~ds ~ inc~ costs in a~ting ~e nuia~ce e~s$ing .~e~eon as described in'the afo~esaid liSt~ ~d WHERE~S, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance~-G ~? and the City Cha~ter 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 EE~0LVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL0~ 1. That assessments in the individual amounts aS shown by the report of the City ~e~ager of the City of Delray Beach, involving the City,s cost of abating the afc~esaid nuisances upon the lots or par- cels of land described in said report, a copy of which is attached he.ets and made a part hereof, are levied against the parcelS. ~f land described on Said report and in the amounts indicated thereon, Said assessments so levied shall be a lien upon the resPectl~ve ' lots and pax~ols' of land described in said report, of the sa~e nature and to the same e~tent es the lien for general city taxes and 8h~ll be collectible in the same manner and with the same penalties and under the same p~ovisions as to sale and foreclosure as city taxes are collectible. 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 C2~rk of the Circuit CoUrt in and for Palm Beach ~ I 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 _14_th of .December,, 1.?,64 . described .. order t~e abatement of a -cert'aXn nuisance existing"' on th'el~' ' "~" property and property 0wne~ having failed to abate such nuisance, Within the 30 day period, whereupon it was abated by the Cit~ at costs shown in said report and such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. This resolutlm~ shall become effective 30 days from the data of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date. of the notice of said assessment, after which interest shall accrue at the rate of 6% .~er annum on any un, aid portion thereof. PAS~ED A~D A'D~ in .regular session on the St.h. da~ of .. ~.ebruarv -, ~ ' o. 52-D ~0ST OF ABATING NUISANCE UNDER QRDINANCE NO. G-~47. Deqe.mber 14, 1964 list. PROPERTY DEscRIPTION ' OWNER ASSESSMENT Lot 8 and ~outh 5.5 feet Fairfax of Hollywood of Lot 7, Ocean Beach. Development, Inc. $300.00 ~c~ o~' 6A-~4, e~am~natl°n ~ XT O~P BY ~ C~ Co~C~L ~, ~, ~LO~' ~a~te~ 6~ o~ the DEL~ t Sect~O~ 6~'24' be, an~ the sa~e cea 0~ ~he. ~ rea~ as · nan_ -.e~.o ~ _. ~eneWal'; ~e$$~;. t~e. of cellini' ,,Sec. __~ shal~ ~ _ ~e=~ '' Lon ~"' ;~ 1 ~"_ _.~iStra~ ~s ~[e ~ . _ ~-~- ~h[Ch 2. succes ~fcate of ~eg~ ~o ~pplL- less th~ have,Pri°~ . an .apP' haY- cation =o th~ such any ~fves ~cu~ionS shall p~oprLetO~ ~e o[ o~e be 52-? ORDI~V~,NCE ~0. 2-65. AN ORDINANCE OF THE CiTY COUNCIL OF TH~ CiTY OF DELRAY BEACH, FLORIDA, AMBNDING SECTION 15-26, CHAPTER 15, PERTAINING TO ABANDONED, WRECKED OR JUNKED VEHICLES. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 15-26~ Chapter 15 of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows= "Sec. 15-26 Penalty. Any person, firm or corporation who shall violate the provisions of Sec. 15-25 of this article shall, upon conviction thereof, be punished as provided in Section 1-6. of the Code of Ordinances of the City of Delray Beach. Provided, however, if the person, firm or corporation re- ceiving the notice provided for in subsection (C) above executes an agreement in a form similar to that attached to this ordinance, the city will arrange for the removal of the vehicle for the person receiving said notice, and no warrant for arrest will be issued. The cost for such removal shall be agreed upon at the time of execution of the aforesaid agreement and shall not exceed $15.00." Section 2. Should any section or provision of this ordinance or. any portion thereof, or any paragraph, sen- tence or word be decIared by a court of competent juris- diction to be invalid, such decision shaI1 not affect the validit:y of the remainder'hereof as a whole or any part hereof, other than the part declared to be invalid. Passed and adopted this 22nd day of February, 1965. ...... ?/AL. Aw M~YOR ATTEST: . /s/R. City Clerk First reading February 8, 1965 ,. Second reading ,, ~ruary.22, 1965 February 8, 1965 r~EMO RANDUM To: City Manager Holland Subject: Drainage - Block 115 Agenda Item The matter of the drainage of a new parking lot north of Howard Johnson's Restaurant on the northbound Federal Highway, was brought up by Mrs. Schrader at the last council meeting. Mrs. Schrader owns property on the east side of the north-south alley-w~y running between-N. E. 1st Street ~nd N. E. 2nd Street, and she was concerned that the additional run-off from the new parking lot would cause further flooding of this north-south alley. It should be noted that in 1951 all properties in this block were assessed for drainage in connection with the installation of a 36 inch storm main rumming down N. E. 1st Street to the Intracoastal,Waterway. It is correct that this block should drain into this 36 inch main, however, the alley had not been improved at that time and no storm &rainage was provided therein. It is also a fact that the center portion of this alley is 'lower than' the grade of any of the four streets bounding the block. It appears that the natural drainage for this area would be as follows: those properties lying west of the alley should drain approximately one-half to the Federal Highway and one-half to the alley-way; those properties lying east of the alley should also drain approximately one-half to the alley and one-half to N. E. 7th Avenue. It is not feasible at thin, time to raise the alley to provide drainage due to the £ac~ that it is alread~ higher at points th~n the abutting properties. In my estimation the city cannot legally deny access from the parking lot in question to the alley nor can they deny the right of the owner to drain toward this alley,' inasmuch as the drainage plans for the recently constructed Federal Highway Detroit only the front portion of the lot to be drained toward the Federal Highway. The correct engineering solution for this drainage requires reshaping a small portion of the alley to provide for the installation of a catch basin approximately 300 feet north