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03-22-65 MARCH 22, 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, Acting City Manager R. D. Worthing, 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. Marvin Sweat, Jr. 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 March 8th, 1965 and the special meeting of March 19th, 1965, were unanimously approved on motion by Mr. Talbot and seconded by Mr. Jurney. X. Mayor Avery reminded the audience of the ground rules set by Council where there are controversial items, and stated that it is the duty of the Chair to maintain absolute dignity and decorum in the COuncil Chambers, and that the Chair can permit no one to startle any- one's self respect, nor allow any direct attack on any one person or group of persons, whether they be at the Council table or in the audience. 3. Mr. William Snow, 1300 N. W. 4th A~enue, said there is a problem before th, is City that should be considered, but in.vie~ of.th~ .%ength 'that all the fa:cts may be heard concerning..~he firing of Cify Manager Holland andMr~' 0'. W..W~odard; Jrt:' 'fdrthe~,jthat hl ~lt.i~ch ~f the aUdience.preSent tonight had come for the purpose Of hearfng those facts. Mr. Jurney said he did not feel that a specia~ meeting was neces- Sary, nor did he feel that a show of hands 'f~0m '%he a~dience was a fair way for an issue of this sort to be judge~ Mayor Averyinformed Mr. Snow that his' request for ~ special meet- ing 'had been denied by lack of Council action. Mr. Snow said he felt the Council had not given enough .cause for the firing of Mr. Holland, and that he had talked'to each Councilman personally, with the'exception 0.f Mr. ~Croft; further, that he did not ~pprec~ate being told by Mr. Jurney to read the paper for information. Mr. Jurney said that the way in which Mr. Snow.had asked, about that item prompted him to give such an answer,' and that he .tried to be as courteous to Mr. Snow as he would to anyone in the audience Or anyone on the telephone. Mr. Talbot said that in answer to the request of Mr. Snow, he would request that part of 'the Charter concerning same be read. City Attorney Adams said the Charter provision dealing with that is as follows: "The City Manager shall hold office at the pleasure of a maJorityof the City Council." City Attorney Adams continued~ "It has been !egaily'defined.in several Florida cases, as Well as the ca~e.of'smitzes againS~ the City 0fDelraYBeac~, th~%"dUe to the fact that he is ser'~in~_'a~ th~ p~eas- ~re of ~the majoritY"of the Council, no hearing-'is nec~Ssary~ ,no. cause must be ShOwn;' a simple. 'majOrity can decide they are n6t R~e~sed with his behavior and he can be dismissed." Mr. Snow commended Mr. HOlland on the wonderful job he did~as city Manager, and complimented Mr'. Saunders a~d'Mayor Avery on ~their an- swers to his questions. Following a com~.ent by M~ Taibot, Mayor Avery .asked Gi~y.Manager Worthing to provide Mr'. S~npW W£~h a copy of.the mindtes o~' the special CounCil meeting of March 19th, 1965. Mr. snow asked, . cr ft hi. S and on thism, dur . ..,Co ents. Mr. Croft said'he acted Solely on what he believed to be in ~he best interes~ of. ~he City of Delray Beach in the diSch~rge of hiSdutiesas a Councilman. 3-22-65 Mr. Snow thanked the Council for the copy of minutes of the March 19th meeting, and said that he did not believe all the facts of the case had been brought out. Mrs. Helen Voit, 1102 Miramar Drive, said this is another case of how something should be legally or correctly done, and that the resi- dents of Delray Beach should have sufficient confidencein the judg- ment and decisions of the Councilmen they elect. Mr. Jack Keating, 823 N. E. 3rd Street, asked why the residents of Delray Beach had not been informed by the press of the reasons for the firing of Mr. Holland as City Manager, as he felt the reasons given by the press were not sufficient for the firing of a man that had done such a wonderful job as City Manager, and who had also served the City for so many years as a very capable Mayor and Councilman. Mr. Keating requested a statement from Mayor Avery, if he could speak for the Coun- cil, as to the reason for the firing of Mr. Holland. Mayor Avery said that in this case, he could not speak for the Council, and Mr. Talbot suggested that Mr. Keating read the minutes of the special Council meeting of March 19th. Mayor Avery directed the City Manager to fur- nish Mr. Keating with a copy of said minutes. Mr. J. L. Patterson, 1119 N. W. 6th Avenue, said that he was in ac- cord with the remarks of Mr. Keating, and asked if there were charges against Mr. Holland other than had been stated in the paper. Mr. Patterson said he could not understand, and felt that the general pub- lic could not understand, why a City Manager that had been so recently praised by the Council for the fine work .he was doing was discharged, unless there was more reason than was stated in the paper. Mr. Patterson asked if the minutes of said special meeting of March 19th could be read tonight. Mayor Avery said that Mr. Patterson had made two requests, the first one being "Were there charges against Mr. Holland other than the ones appearing in the paper?" There was no answer from the Council to that request. Concerning the reading of the minutes of the special Council meet- ing of March 19th, Mr. Saunders moved that said minutes be read, the motion being seconded by Mr. Jurney. Mr. Talbot suggested that the reading of said minutes be done following the other business of tonight's meeting, but his suggestion was not accepted by the maker and one who seconded the motion, and upon call of roll, the motion carried unanimously. Mayor Avery then directed the Acting City Manager to read the minutes of the special Council meeting of March 19th, 1965, and said minutes were read in their entirety. Mr. William Snow appeared before the Council again and stated that his opinion had been made before he knew the contents of said minutes, and that it is even more confirmed after hearing the minutes, that there is no reason for the firing of City Manager ~olland. 3. Mr. N. H. Wible, 1104 N. W. 4th Avenue, informed the Council of having paid the City of Delray Beach a certain amount of money for the installation of two water meters at houses he had constructed, and said that he had considered that amount of money to only be deposits on the meters and returnable to him if he no longer used the meters, but had found that not to be true when he had asked for a refund. Mayor Avery informed Mr~ Wible that the City Manager and other City personnel did not set the rates charged for water or water meters~ that policy was set by the Council, and the minimums are controlled by the bond ordinances required by the bonding attorneys. City Attorney Adams informed the Council he had discussed with Finance Director Weber the point that Mr. Wible brought up about pay- ing for water meters, and said that, actually, property owners buy the water meters that are installed on their property and if the house is sold later, that money is not refundable; further, there is a water deposit to guarantee the payment of bills, which deposit is refundable. -2- 3-22-65 3. Mrs. Joseph Katen,. 1301-N. W. 4th Avenue, informed the-Council that she lives on the street over which Mr. Holland was apparently fired; further, that street desperately needed paving and that Mr. Holland is ~o be congratulated for a good job, well done. Mr. Charles WiCk, 202 N. w.-7th Street, said that after hearing the minutes of said Council meeting, he did not see sufficient reason for the firing of Mr. Holland; further, asked if it was the be'lief of the Council that the office of Purchasing Agent is no longer needed. Mr. Wick did not recieve an answer to his question. Mrs. George Lapham, a Delray Beach taxpayer and resident, asked the Council as follows= "In your uDannounced meetings, when you discussed this question with Mr. Holland, when Mr. Holland was present, at any time was any matter of disagreement in politics mentioned by any one of you gentlemen?" Mayor Avery an~ each Councilman assured Mrs. Lapham that politics had not been a part of this issue in any way. 4. Mr. Croft read the Beautification Committee meeting minutes of March llth and March 18th, 1965. City Manager Worthing re~erred to the last paragraph of the Beauti- fication Committee minutes of March llth, and reported as follows= "Mr. W. F. Snyder, ~eveloper of the subdivision known as Homewood Park, came into my office this morning with the request that the City pro- vide a water meter in the city-owned island near the entrance of his sub.diyisi~n ~n .H!ghland~Avenue? ........... . P~Opositi.Qn's~atedb¥' the Beauttftca~i0n 'C0mmittee,.~n"~hA't Delray Beach ~0a~d &.~-Real~a ,~r. And~eW~Gen% '-, ". League. of Women Voters .Mrs. P~yl!i~.~.ume._ .Sea,raPe Gar~en. ClUb.'~ '.."':: Mrs. ~ames Bowen v. F.w. Mr. Clarence Bingham Beach Taxpayers Le~gue~.gnd Zonta International Business & :P~O~es.s~6nA1 W°ments Club. Mrs. CIarence .Bingham -Delrag Beach RecreatiOn Club Mr. C. W. Rice 5. City'Manager :~=%hing 'rgf~rre~ to thi '~arcA, 1965 Chamber Commerce .,News Letter:and' '~. "Delray BeaCh NigAt' that the .C~amber iS sponsoring at t~e Pompano :Park Ha:r~eSs TraCk °nWedn'ed~a¥,. Mareh. 3~St. Mayor. Avery Urged the Par.t~CiPation of interested psople. 5. .City Manager Wo~thing read the following 1citer fromMrs;.:Frank Ryan, ViCe~President of' CF.RA Broadca. stin~,L!mited~Ontarto,::canada, :dated-MarCh 16'th: "Two 'we~ek~a90 toda~ ~had to' cail'.¥oUk, p61ice'DePhr~&ent'~0 Your p~ic~ bFop~t .o~yg..en~.pn~ ambulance an~ toOk, bp I'd~ not get the names Of these ~entlemen who,d~d so much to i~.elP.:me~:~ I k~o.w..there is no way Of .expre~sing.,adequately my .~atitud~ and this ~et~er is .sim~i'y t~ let' yOu.know how much :,:~e nelray ~oii~e did ~6r me , a ~empOr~rY resident 3-22-65 "several times but only two hours in Delray on March 2n~. Some day Itl1 be back in Delray but now, this note is to try to tell you of my appreciation for all the care and guidance of the Delray Police Department." Mayor Avery directe~ the City Manager to furnish the Chief of Police with a copy o~ Mrs~ Ryanms letter, together with a commendation from the Council to the Police Department. 5. City Manager Worthing read the following letter from Mr. Louis M. Ream, dated March 19th= "We wish to call to your attention certain cond~tions of resi- dence in your community which should be rectified for us to con- tinge as satisfied property owners. Four years ago we purchase~ the house at 1201 Crestwoo~ Drive which we have maintained by upkeep of the highest quality the year round. ConSiderable money has been spent in living and purchases on a high scale. Investigation will demonstrate a completely satisfactory credit standing. For the past two winters we have been greatly annoyed by con- struction noises during the entire winter season. They have been a source of great disturbance this winter and range from gasoline saws to construction of buildings. We came to Delray BeaCh to gain conservatism, peacean~ quiet in a community which seemed to offer what we wanted. Did we make a mistake? We do not expect complete silence for the entire winter, but feel that it is not unreasonable to expect control of noise nuisancesfor a definite winter per-iod, of say three or four months. You have a growing city but for the sake of winter residents, cannot control be possible for at the most half of oUr stay. We will appreciate your attitude." Mayor Avery asked the City Manager to investigate the cause of this complaint and report to Council with recommendations to rectify the solution. Mr. Worthing reported that during the past few months, there has been much work done by County tree disposal crews in that area. 5.a. Mayor Avery reminded the Council that at the special Council meeting of March 19th, certain time schedules had been set up for re- ceiving applications for the position~ of a professional City Manager and a professional Recreational Director, and with that time schedule, it would be June before a City Manager would be hired. Further, the City Manager has to get started in June on preparing the budget and it would be difficult for a new City Manager to prepare a comprehensive budget. Mayor Avery said that a time llmit of 90 days on receiving appli- cations for a Recreational Director would put that well into the summer season when the children are not in school, and that is the time a recreation program is needed. Mayor Avery informed the Council that he had discussed this with City'Manager Worthing, who had indicated it may be best to shorten the time limit on receiving said appIications to such a time as he feels he has received a sufficient numbe= of proper applications to be considered by the Council. Mayor Avery explained that by shorten- ing the time, a City Manager may be hired in time to become familiar with things before starting budgetpreparation. Following discussion, Mayor Avery explained that if the time limit on receiving applications was lifted, it would be left to the discre- tion of the City Manager topresent to Council the applications when, -4- 3-22-65 in his opinion, there are enough qualified applicants to consider. It was so moved by Mr. Croft, seconded by Mr. Jurney and unanimously carried. The City Manager agreed that this action met with his approval. 6.a. Concerning an application for Liquor License at Hotel Del Sol, located at 40 South Ocean Boulevard-, City Manager Worthing-reported to Council as follows= "This application, for liquor permit, at the Hotel Del Sol0 40 South Ocean Boulevard, has been received. COuncil may deny or grant this application for a liquor license permit. If approved, such approval should be subject to all state requirements, as set forth in the Statutes of the State of Florida in Section 561.20 (2), being met and no City License to be issued until the State Beverage Department .advises the City that such requirements and regu- lations have been met and State License issued." The City Manager recommended that said application be approved~ further, advised that this would be cresting a new license, a non quota license, and it was pointed out that this location is within the liquor zoned area of the City. The City Manager further explained that sixteen years ago,' a Council created a law that permits one liquor license, to a block, west of the Intracoastal Waterway only, but east of the Intracoastal Waterway, there is no limitation in that respect. During discussion, City Attorney Adams explained this would be just ~ general, approval as to. zoning~ the state laws controlled the.other ~qUireme~ts, but the City..Can 'control .%he Z~n'i~g ,~nd .~i '_ '~r.. jurney moVed'that said appi~C~t£~h 'for ~i~o~ '~Ce~ b~ '~r0v~d, s~ubject t° th.~. recommendation, of the City .Manager, the.motion bei~ se~nde~ by'~r~ cr0ft',"vpon can: o~ roll,'Mr~ C=Of~':~Mr.~ Jurney, Mr. Saunders and Mayor Avery voted in favor ,of the motion, a~d' Mr.. ~bot .ab~tai~e~ f~0m'V0t~ng. ' ' - ' ' X,, M~. Talbot moved.that the City Manager dir~ "th~' ~'i~n~ing/~gning .B0ar~ .t0' .go,sider an 0r~!.~c" ~0: a~p!y to t~e :~as~.'.!~e':~ way 'as well as the' w~s£ szde., .' 'as concerns the .-i~s~in~"0f ii.Or liCenses. The 'm~}!on' was Se~onded 'by' Mr. saun~ers--~d '6~r~d8'-~'~ni- mous!y. X. Mrs. Dorothea MOntgomery said Sinc"'that request ~or liquor license was for a r,stavrant, the Cfty could do nothing, about.it, but .general liquor licenses for just a bar are based on popu!ation,.and thought that shouid be looked into. Mrs. Montgomery said she appreciated .'thhe Council considering ordinance change concerning the number of' l'icluor licenses to a block East of the Waterway. Mayor Avery, with Council permission, directed the C'ily Manage~ to conduct an investigation' as requested by Mrs. MontgOmery.' 6.b..Concerning bids receivefl 'flor Stormsewer :drainage .City,Manager Worthing'reported"to Council as'follb&~:-t" "Council recentl~ 'approved to PrOvide for .a~ditio~a!,'driinage. facilfties in th~'-:n~rthhsduth allay'between N, ~'~ ~th a-~d '7th Avenues' and. immed~ately north of ~st Street, in response ~o requests from residents iht he iamediate areat'~or 'r~ifefi~rom' the bad'drainage situation, due.to th~'lowalevationof the land between the. established:street grade. At ~tha~ .time, the estimated cOat was'slightly-'.under $3,000 .... pipe storm.s~Wer"an8 catch %asins, inclUdin{ ail"rela~ed ~or~" as called for in plans and specifications= cleary r°$L .co s'tr ctfcn co. ..... (~iPe with flanged couplingS) -5- 3~22~65 "Cleary Bros. ~onstruction Co. Alt. Bid $4,680.40 (Pipe with NeoprYne Sleeves) Oneman Engineering Company Lump Sum $2,156.64 Low bidder agrees to start work within 10 calendar days after execution of contract and to complete all work within not more than 30 calendar days thereafter. It is recommended that award of contract for this work be made to the low bidder who has previously satisfactorily completed various improvement projects in and for the City." Mr. Saunders asked what type of materials would be used by Oneman Engineering Company, and the City Manager said he planned to use flanged couplings, and the great difference in the bids was due to the fact that his equipment is located in Delray Beach, while that of Cleary Brothers is located elsewhere. Mayor Avery asked if it had been ascertained where the money would come from for this drainage improvement, and the City Manager said it would come from the Special Assessment Fund. Mr. Croft moved that Oneman Engineering Company, who submitted the low bid, be awarded said contract, with funds coming from the Special Assessment Fund. The motion was seconded by Mr. Saunders and carried unanimously. 6.c. The City Manager read the following communication from Mro Mike L. Blank, dated March 11th, 1965: "Re: 29-46-43. S. 417 Ft. of N. 695 Ft. of NE% of NE% lying W. of Fcc Ry less N. 63 Ft of E'Iy 129.67 Ft & W. 2~ Ft. I have noticed that the City has filled properties up to my property line and was wondering if they would be interested in the above described property which comprises 8.71 acres. I have been told by realtors that this property is worth. approximately $5,000.00 per acre. I would appreciate it if you would take this matter in con- sideration and notify me of your decision. If the City is not in~erested in the purchase of this property they have my permission to use same for filling purposes." City Manager Worthing suggested that consideration of this offer be deferred until next Council meeting to permit time for study of the need, if any, for additional land-fill area, and recommendation there- on would be submitted to Council at that time. It was so moved by Mr. Saunders, seconded by Mr. Croft and unanimously carried. 7.a. The City Manager informed the Council that a petition has been received requesting re-classifying of approximately fifty per cent of Tropic Isles Trading Center, from its present C-1 (Limited Co~nercial District) classification to C-2 (General Commercial District). The developer proposes immediate development of these lands to include all accessory buildings and activities normally connected with an auto sales agency. Further, this tract of land fronts on Federal Highway at approximately 2000 South Federal Highway, and was annexed to the City in April 1957, since which time but one small building has been constructed thereon. In compliance with-~the Zoning Code and Laws of the City, Council may deny this .Petition~or refer same to the Planning/ Zoning Board for a public hearing to be held thereon and Board recom- mendation, as a result thereof, to be forwarded to Council for its consideration. Mr. Saunders moved that this item be referred to the Planning/ Zoning Board for their recommendation. The motion was seconded by Mr. Talbot and carried unanimously. -6- 3-22-65 City ~anager wOrthing ores=ate · ZO~s lief ~z~~ ~-so~ ~?ZO~s ~ = lOk. B') official ~DY of the~e nan~ity A~''eve been ~+ reported ~. ~ert ' ~Yce, r -= in hi ~ Pertat . -~c aa ~ the · ~nzn ~, in ' '"~ore. o ~r ~. Taibo~-U adOpteQ _~uina~ce No - . kind cortaid=. c and ~eco_=U~ this se- · 3-65, sa=_ ~ 8.b. ~e City Man~ge~' -ued bF ~ ~Ond and fi__~~ ordinance ~ Dresented ufo ft. ~ei reading, onWas "~, ~o." ."~z~s~'- ''~' s~'-- u. ~y .a~:lz. op : ' ~- be=h- ~o"~}.,Cl~, Council th-- . .......: Z ~C~T ,., ' ' "' ..P se~', ,:~..t~e fOllow~_a~ a re,ult -, .:,.: .... pt ~o..Ord!.nance , , te - , or · . -, - or . Zle ., , t of .- '..tzal ,-.: .... n, , ~ . to . must n~- ~ za pa~-;, ~e'P~e-. :, azs~i~;~. ~a~ be ~.;:-: . must be-~-9eec t~e~:. :any ~o~ .:f-,,80~ve'~ ~.,V~e~ it-'.-: ' ' ' ~er '- .,"-'= of - Iz3 '. ~ ~" said "-'- -~" noa -.' . , . . l~ co , gOOd ) feet,'~ dzs~ · '. ndtt- ?, ~ re a' in o ' ... ric~s . ~e Cz~v ..... .' .... ,, d be matn,=~ length ,,~,::, ... ~nen rea~.':. "-': . .., ' ""-' :'*'.. ~..neat ufl'f. · ' ....' ,"." ~ ~ ~'"~.. "a~ i 'u.~t. O' ~ ::' . repo ': ; ~'z~lne', '~ '.~rl~i,~4, ,~ced.~a~ - and : . u. a~d Should Letters ~r.' ~uri .,, ~o 4 '"':' u*'R ..... -' '' 0 - w~ * ~l~' ' :' ~0 " '- ' · ' ~e' ~ .tderlv ~l '_ za a s~-~ he feit"~-~'repair''~..~ .~ "' ".r" favor ..,'~ '~e mo~-" ~zrat r .... ~on, ~. ,._i .- . . ,.e~ in .a ...i ally a--~**1am Heo.~.aeCOnded~_ "mended as ]~'~e~ that :roll.-'., , ~=z~St ~.~ =-u~om, 24; ~F ~ ~_ reco~e-_. ~uzna~ce ,7,=' but urge~.tha~, he ,. ~ ~e. Coun~i:l .~$ Person_ 312~=65 co approve the proposed amendment, as he feels it is the best compromise that can be made. Mrs. James Bowen, 105 Bonnie Briar Lane, said that in the reading of the Beautification Committeemeeting minutes read tonight, the Council is awareof the feeling of that committee concerning Ordinance No. 4-65, and said she thought this whole thing bears on what you want your City to be, and read a newspaper clipping entitled "Life in Colonial Williamsborg". Upon call of ro11, Mr. Croft, Mr. Jurney, Mr. Saunders and Mayor Avery voted in favor of the motion and Mr. Talbot was opposed. Mrs. J. H. Shellenberger, 320 N. W. 9th Street, complained about the appearance of a boat in her neighborhood. 8.c. CityManager Worthing presented ORDINANCE NO. 6-65. AN ORDINANCE. OF %~{E CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 41 and EAST 50 FEET OF LOT 42, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MD%~ICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTSA~ND OBLIGATIONS OF SAID LANDt AND PROVIDING FOR THE ZONI~K~ THEREOF. (1034 Brooks Lane) (Copy of Ordinance No. 6-65 is attached to the official copy of these minutes.) (See Page 102-C) There being no objections to Ordinance No. 6-65, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 8.d. The City Manager presented ORDINANCE NO. 7-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 2, SEACREST SUBDIVISION, ~HICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LiMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO- VIDING 'FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (215 Seacrest Lane) (Copy of Ordinance No. 7-65 is attached to the official copy of these minutes.) (See Page 102-D) There being no objections to Ordinance No. 7-65, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and seconded by Mr. Saunders. 9.a. The CityManager read the following Planning/Zoning Board report, dated March 18th, 1965: "At the regular monthly meeting of the Planning Board that was held on March 16th, 1965 at 4:00 o'clock P.M. in the council room, six members were in attendance; Mr. Jacobson, Chairman, Mr. Davis, Mr. Hanna, Mr. Gent, Mr. tablet and Mr. Lankton. A public hearing was held on a request to rezone from R-2 (one and two family dwelling district) to C-2, (general commercial district), the following described property: -8- 3-22-65 "THE SO~TH 43 FEET OF LOT 115 AND THE NORTH 67 FEET OF LOT 116, PLUMOSA PARK. Thirty-five property owners were notified. After hearing ob- jections, the Board on a motion by Mr. Lankton seconded by Mr. Hanna, unanimously approved to recommend to council that the request be denied." Mr. O. D. Priest, Jr., owner of the property covered by said re- zoning petition, said he wanted it understoo~ that the property would not be used for a garage or a filling station, or something of that nature. Mayor Avery reminded the Council that there had been a similar request for rezoning near N. E. 8th Street, an~ it was the consensus of opinion of the Council at that time that that area should be in- cluded in the studies of Mr. George Simons, Jr.~ further, if this request is denied, it should be with the recommendation that it be considered by Mr. Simons in his overall study. Mr. Jurney said he woul~ like to make a personal inspection of said property and moved that this item be ~eferred until the next regular Council meeting, the motion being seconde~ by Mr. Croft. Mr. Earl Harvel, 270 N. E. 16th Street, objected to said property being rezoned to a C-2 classification as there are numerous businesses that could operate under that classification: further, said there are residences built betwe~n~ N. E. ~rd.Av~n~e.and the Railway in this area, and to rezon~' 9.ar'ts of~.~..~o'~s 1i5a~d 'I16~ ~lumosa Park, would be spot zoning. .Mr.. Talbot said he felt t~e P~anning Board recommendation .should be sustained. ' · Upon'Call of rol~, the motion' to defer this.£tem ~nt~.~.~the next regular council meeting Car=ie~ unanim°us'i~. 9.b. The~.City Manage~ read the fo~lowing Planning/Z~ing. B0a~d re~ort, dated MarCh 18th, 1965= "At the regular meeting onMarchl6th, '1965 the Plsnni'ng discussed the parking requiFements in th~ C~I limited commercial district,~and u~animousl¥ r~cO~mends that paragraph ~,'-$~'~ 29-7.4, under 'the heading ~ATLANTIC AVENUE EXCEPTIONS~ that reads: 'THE PROPERTIES INCLUDED WITHIN THE C~1 COMMErcIAL DISTRICT, FRONTING ON ATLANTIC~ AVENUE, ARE ~XCLUD. ED FROM THE .OFFSTREET PARKING REQUIRF24ENTS HEREIN DEFINED~ ~e a~e~ded to rea~: ~THE PROPERTIES INCS~JDED WITHIN THE C-1 COMMERCIAL DISTRICT ARE F2{CLUDED FROM THE OFFSTREET PARKING REQUIREMENTS HEREIN DEFINED' The board-feels' that .the areas which are zoned lot"limited Commercial uses, that do not front on Atlantic Avenue should be afforded all of the privileges an~ uses that are.~n the same zoning district, regardless of locations." Mr.. saunders move~ that the recommendation of the Planning~Zoning Board be'sustaine~ and ~he City Manager be give'n th~ aUthority't0. prepare an amendment to the O~dinance. The ~°tion was" se~o~d~d bY Mro Talbot and carried unanimously. 9.c. City Manager Worthing informed the Council that they were advised last ~uiy. 13th by the Planning Board that a study of the "Alfaro prop- -9- 3-22-65 100 "erty", being a parcel of land lying between South A1A and the ocean, contiguous to and extending 100 feet northerly from the Horizon ..Apartments property, would be made at a later date, and then read the following Planning/Zoning Board report, dated March 18th: "At the regular meeting on March lath, 1965 the Planning Board on a motion by Mr. Lankton, seconde~ by Mr. Kabler unanimously approved to recommend to council that the following described property: (1345 South Ocean Boulevard} otherwise described as THAT PART OF THE SOUTH 100 FEET OF NORTH 1040FEET OF GOVERNMENT LOT 4, LYING EAST OF A.1.A, SEC. 21- 46-43, be annexed into the city under a newzoning classification (R-~-~) This classification would require the application of all the present R-3, rules and regulations, except that, only the height limitation would be amended to read; NOT TO EXCEED 35 FEET FROM THE HIGHEST FINISHED GRADE TO THE CEILING OF THE HIGHEST FLOOR." The City Manager said that subject to Council sustaining this recommendation, and in view of the original petition for annexation having been withdrawn by the property owners, suggested that the City Administration be directed to inform said owners of such proposed zoning and solicit their reinstatement of the petition for annexation. It was reported that several property owners to the north of the Alfaro property had been informed of the proposed zoning of said Alfaro property, and there had beenno complaints from them. Mr. Talbot moved to sustain the recommendation of the Planning Board, themotiOn being seconded by Mr. Jurney. City Attorney Adams' sugges*ted that action be subject to the petition being received for annexationof the Alfaro property, and Mr. TaLbot said his motion would be subject tothe recommendation of the City Attorney. Mr. Jurney accepted the addition to the motion, and upon call of roll, the motion carried unanimously. 10.x. City Manager Worthing said that the Beac)~ Taxpayers League would appreciate an informal meeting with the Council at the earliest possible date. Mr. Croft moved that the City Manager be directed to coordinate by telephone a meeting of the Beach Taxpayers League W/th the Council at the earliest possible time that all could meet, the motion being seconded by Mr. Jurney and unanimously carried. 10.x. City Manager worthing informe~ the Council that in view of the termination of the Services of Mr. O. W. Woodard, Jr. the Civil Defense Director, it may be the pleasure of the Council to provide for a Civil Defense Director. Following discussion, Mr. Croft moved that Mr. Ralph Hughson be appointed Civil Defense Director, the motion being seconded by Mr. Jurney and unanimously carried. 10.x. The City Manager reminded the Council of their directive that the Community Chest Directors be contacted relative to an application of the Leukemia Society for solicitation of funds in Delray Beach, and read the 'following letter from the Community Chest, dated March 18th' "In connection with the request of the Leukemia Society,-Inc. for permission to solicit funds within the City of Delray Beach, I would like to suggest that a representative of that organization -10- 3-22-65 10i "appear before the Budget Committee to qualify as a participating agency in our Community Chest Drive." Mr. Croft moved that the City Manager be directed to contact the people applying for said eolicitation of funds and request that they contact the CommunityChest, the motion being seconded by Mr. Saunders and unanimously carried. 10.x. The City Manager presented the following memorandum from City Engineer Fleming, dated March 22nd: "Four excellent bids have been received by the City for the con- struction of a 9roposed seawall, approximately 630 feet in length, running from Atlantic Avenue bridge to N. E. 1st Street in front of the existing City Park. As you know, bids were solicited on the basis of. the contractor providing his own design in conformance with general specifi- cations submitted by the city. The following tabular-ion-in- cludes the basic bid for providing 630 feet of seawall, a 10 foot sidewalk or walkway, excavation in front of the wall to an elevation of minus seven, disposal of any unusable portion of the dredging, and the provision of a performance bong equal to 100% of the bid price.~ · '~ufphY C°n~%'~ucti~c~'- WeSt~:pal~:~each, Florida - $24,829.00 .Carter Construction CO. Fort Lauderdal~ Florida - 2~842.50 The::lC~':~i~e~ M~f~hy Construction Co., are a highly reputable ~wa~s 'in :his area. Their'ba~'ic d~'~'ign'c0ntemP[~'~ H'J~&m ~a~t"'~ Piies int~'%~e ~olid rock with reinforced concrete panels between which also are trenched into rock, the whole of MurphyC°~struCti°nc0. States that their bid price is firm and that upon receipt of the bid award they will have.detailed con- ~trU6ti°~rawi~gSa~d spe~i'fiCation~'.prepar~d:by Cr°cke~'~egistered"Engin~ers 6f ~ai~ B~a~hl .... ':- ' It is recommended that th'e award be made ~o ~Ur~hy' C~hstrU~tion Mayor. Avery'said there had bee~ discus~ion'as"to 'where the? f~ds for the seawall Would come from and it had been mentioned .there would be some obligation from the sewer funds as the seawall was needed to protect ~h~.&a's'ter lift.station loo~ted in the City Park and hat · invest~gate~ Ma or ..... ..... '''' that had been a cer't ........ ' ".' ..... .-- O.. ng xf Impr0ve'~en~'~ruSt FunS'/:~h~':there:was ~a balance in that"fUhd of $53,~335.06, Mayor Avery'said he felt"~e. Sewer Fu~d should pa'"i't~'Dro~ or-'~o - of the sewer lift'S.ration. ~'~S phi,ted' ~dt ~ha~ With the inst~llation of~-se~wall/~0,000 '~a:y0~ aje~y suggested th~tit be moved.that the' aW~'~d ~e"~i%n' to Murphy' C6nst~Cti~ ~0moan~' fo~' the~ sum of $24,829.00-, the money to come from the .Caoital Imorovement Fund and the Sewer Fun~ in. the pro- P°ffti°'n' asc~ta~d'~y t~e City Engi~eer'i' ' i02. City Attorney Adams suggested that the motion contain the stipula- tion that it be subject to the execution of a contract satisfactory to the city with a 100 per cent performance bond, also that it be subject to the approval of the Corps of Engineers that the seawall can be located in the area in which it is proposed. It was so moved by Mr. Talbot, seconded by Mr. Jurney and unanimously carried. 10.x. City Manager Worthing informed the Council that authorization is requested for directing the Consulting Engineers, Russell & Axon, to prepare plans and specification designs for Sections No. 10 and No. 19 in the proposed extension of the City's sewer System, as identified in the recent Engineering report from Russell &Axon. This request is the result of the Committee's report to Council relatlve to solicitation of proposals from Fiscal Agents, which has not as yet been concluded, for financing of additional sewer installation tensions. The City Manager also reported to Council that concerning the re- habilitation of the old sewer system, it is recommended that consider- ation as to the extent of such rehabilitation be deferred until the next regular Council meeting in order that he may have more time for further study, a recommendation to be presented at that meeting, as he believed there could be a substantial savings from 'the $176,000.00. Mayor Avery explained that Sections 10 and 19 are two much needed sections of the sewer, and would develop a good revenue, onesection including the area that will service Seacrest High School. City Manager Worthing said he would recommend that a motion be made that authorization be given directing the Consulting Engineers, Russell & Axon, to prepare plans, specifications and ~esign drawings for Sections 10 and 19. City Attorney Adams commented~ "With the understanding that we are in the absolute minimum bracket, as far as design fee, with full cred- it on the last contract that we undertook, and the Council feels there is sufficient money." It was so moved by Mr. Croft, seconded by Mr. Jurney and unanimously carried. 10.x. Mr. Talbot moved that the City Manager be instructed to request the City Engineer give the Council a report from the Russell & Axon Water Report as to any recommendations or deletions~ and in general, his resume of the report. The motion was seconded by Mr. Saunders and carried unanimously. 10.a. City Manager %~orthing presented the following Bills for Approval General Fund $ 208,271.46 Water Operating & Maintenance Fund 3,916.14 Water Revenue Fund 21,560.10 Special Assessment Fund 2,415~14 Refundable Deposits Fund 2,169.70 Beach Disaster Fund 3,023.48 I~provement Fund 1,287.84 The bills were unanimously approved to be paid, on motion by Mr. Saunders and seconded by Mr. Talbot. The meeting adjourned at 11:02 P.M., by order of Mayor Avery. R. D......WORTHING City Clerk ............. MAYOR ' -12- 3-22-65 102-i ORDINANCE NO. ~-6~. .~ _ AN ORDINANCE OF TH~ CITY COUNCIL OF ~ CITy 'OF DELRAY BEACH, FLORIDA, TZON O~JN~CE) ~AIN~~ ~O ~ Rr~H~S A~D OBLZ~T~ONS OF SArD ~S. BE IT ORDAINED B~ THE CITY COUNCIL OF TF~ CITY OF DELRAY BEACH, FLORIDA: That Sections 3, 4 and 5 of Ordinance G-508, passed on second and final reading on November 21, 1963, be, and the same are hereby amended to read as follows: "SDc~on 3. That the tracts of land hereinabove des- cribed are hereby declared to be in the Zoning District ~-3 as defined by existing ordinances of the City of Delray Beach, Florida, and subject to a ten foot setback from the front property line measured from the ~Orthright-of-way line of the roadway hereinafter provided for thr6~gh"Lot'25 and from the cul de sac hereinafter~provided for in Lot 24, and ten feet from the south property l%ne 0f~the..remaind~.0f. Lot 24 and all of Lot 11. ,- ~ , ,- .... ".~=tion ~. That the owners will dedicate the North 25 feet of the south 27 feet of said Lot 25 for.public roadway purposes and further dedicate a cul de sac 70 feet in diameter on the easterly 80 feet of Lot 24, said cul de sac to consist of two semi.-CirCkeS Of 70. feet.$n, dia~gter; a...10~foot..strip between said semi-circles; and the part of sa~d lot necessary to fully connec~ said uul de sac with the aforementioned road- way. The owners will provide an easement for drainage purposes only, six feet in width, from-the SQ~t~.liBe..of said Lqt 24, north to the canal ~d~oining the property; the westerly boundary of said, easement to be 80.feet. west of and parallel to the. easterly lot line of Lot 24. In addition, the owners agree that all, property described in Section 1 shall be subject to the further Provision of this ordinan6e that should Lots 11 or 24 ever he.subdivided or otherwise changed from one ownership a suitabl~'.means of ingress o~.egr¢~ssshall be provided from the aforementioned roadway and cul desac. 'it.is understood and agreed that until, such time as reasonable .ingress and egress .is~provided to the¢ity, garbage collection will be accomplished at the aforementioned cul de sac. In no event shall the aforementioned drainage easements be used for any ~urpose 0thor-than drainage and no sewage shall be drained or carried through such easements. water will follow the contour of the land anddrain from east to west as far as the..c~l de sac and then drain-from said cul de sac to the finger canal lying contiguous to the property on 102-B the north. Said drainage will be accomplished b~'.the use of storm sewer pipes of whatever diameter specified by the City and. the storm sewer pipes will be placed within the boundaries of the aforementioned six foot easement under the ground. The above deSC~ibed drainage shall be designed by. a qualified engineer and shall be approved by the City prior 'to the con- struction thereof. All construction shall be in accordance with City standards; and City representatives shall have access to the premises to inspect the Q0nstruction at all times during said construction period. T~e owners.will save the City harm- less from any expenses incurred by the City which are necessita- ~ed becaUSe of any improper installation of the drainage or of the gra~in~, insofar as the same maypertain to the above des- cribed property. In the event the drainage of the property sou~h of %he subject property shall require the installation of storm sewers other than above mentioned or shall require the installation of larger storm sewers, such additional or larger facilities shall be installed at no additional cost to the owners.,, PASSED and ADOPTED this 22n~ . day of NaPch , 1965. AL. C. AVERY MAYOR '" ATTEST: /s/ R. O. WO~TH~NG CITY CLERK ~ First reading Feb~ua~ 2Z, 1965' Second reading Ma~¢h ~, 1965 - 2 - 102-d ORDINANCE NO. 6-6~ DE~Y B~ CER~IN '~, ~L~"L~ 41 and ~ST 50 FEET O~ LOT 42. DE~Y B~ SHO~S, L~MXTS OF ~XD CI~ '~DEF/N/NG ~-'BO~ARXES OF SAID CITY ~ INCL~E ~XD ~. PRO~DING A~ PRO~DING FOR ~"~ZONING ~E~0F. .. %- (1034 Brooks ~ne) ~S, C~ D. RUSSELL and ~'~T F, RUSSELL (his wife) are the fee simple o~ers' ~f .~6 property herexnafter describe~, and ~S, C~*~i'~U~LL and ~~ F. RUSSE~ (his wife) by ~eir perdition, have consent~ and given~.p~mission for the annex- ation of said property .by the City of ~lray .Beach, and ~S, ~e City ~f~Delray Beach has heretofore been au- thorized to annex lands in accor~dance with:~Section 185.1.of the City ~arter of said City granted t~ ~t by the state of Florida N~, ~E~FO~, BE IT O~I~D BY ~ CITY COUNCIL OF CITY OF DE~Y B~, FLORI~, AS FO~WS: 8B~O~ 1. ~at ~e City Council of the City of ~lray Beach, Palm ~each County, Florida, hereby annexes to said City the following dgscribed tract of land located in Palm ~ach Cowry, Florida, which lies contiguous to said City, to-wit: ~t tract of land, namely Lot 41 and.East 50 feet of ~t 42, Delray ~ach Shores, Delray Beach, per Plat B~k 23, Page Public Records of Palm Beach County, Florida. SE~ION 2. ~at the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include ~erein the above descried tract of land and said land is hereby declared to be within the corporate limits of ~he City of Delray Beach, Florida. SE~ION 3. ~at ~e tract of land hereinabove described is hereby declared to be in Zoning District R-~, as defined by ex- ~s~ing ordinances of the City of Delray Beach, Florida, SECTION 4. ~at ~e land hereinabove described shall im- mediately b~o~ subject ~ ali of the franchises, privileges, im- munities, debts (except the existing ~nded indebtedness), obliga- tions, liabilities, ordinan~s and laws to which lands in the City of Delray Beach are now or may be, and persons residing ~ereon shall be deemed citizens of ~e City of ~Iray Beach. SECTIO~ 5. ~at if any word, phrase, clause, sentence or ~rt of this ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on the ~nd day of Ma~oh , 1965. MAYOR /S/ R. D. WOR~IN~ .... City Clerk Second ~ead~ Ma~uh ZZ, 1965 lO2-D ORDINANCE NO. 7-65. AN Og~INA~CE OF ~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BRACH CERTAIN LAND, NAMELY LOT 2, SEACREST SUBDIVISION, WHICH LAED IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. (215 Seac~est Lane) WHEREAS, GLORIA G. PAUL, iS the fee simple owner of the property hereinafter described, and - WHEREAS, GLORIA G. PAUL, by her petition, has C6nsented and given permission for the a~nexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY C~UNCIL OP THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= SECTION 1. That the City Council of'the City of Delray Beach, Palm Beach County, Plorida. hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City. to-wit: That tract of lan~, namely Lot 2, Seacrest Subdivision, per Plat Book 23, page 3, Public Records of Palm Beach County, Florida. ~ECTION2o That the boundaries of the City of Delray Beach, Florida. are hereby redefined so as to include therein the above described tract of land and said land iS hereby declared to be within the corporate limits Qf the City of Delray Beach. Plorida. ~$CTION 3. That the tract of lanfl hereinabove described is hereby declared to be in zoning District R-/AA, as ~efined by existing ordinances of the City of Delray Beach, Florida. SECTION.4. That the land hereinabove described shall im- mediately become subject to all of the franchises, privileges, im- munities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. sECTiON f. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining'portion. PASSRD in regular session on the second and final reading on the a2n~ day of Ma~oh, 196~. /s/ AL. C. AVERY ATTEST: M A Y O R City Clerk First Reading ~ch 8, 1965 Second Reading Ma~ch 22, 1965