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04-26-65
119 APRIL 26, 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. 1o An opening prayer was delivered by the Rev. Donald Waldron. 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 April 12th, 1965, were unanimously approved on motion by Mr. Talbot and seconded by Mr. Saunders. 3. Mr. ROger M. Skillman presented the following letter, dated April 26th, which was read by City Manager Worthing: "I am requesting sidewalks on 22nd Street from Swinton Ave. to N. E. 2nd Ave. and on Swinton Ave. from 22nd Street to 8th Street. On 22nd Street the city nPw has. 40' of right-of-way from the center line of th~ street-right-of-way. ' o~ SWinton_A~e. f~om~ndS~r~t' %~rove~ay~. ~cit~ .' has 'frOm` 33' t~ ~0'~on the;~aSt'"side:of the'icen&er line" ight of%Wa~ .... of-the r - ... ~.. ~,: ~.' ~ east side of the center line of the right-of-way. If the city would constructa sidewalk 27' ~ast of.the '~enter'~iine of swin%on' AVe.'~rom'22nd str~e%'to Gro%e ' way,' it'would have a straight sidewalk with no jogs even though the right-of-way is not uniform. From '~Grove~Way't~ 8t~"street, the' si~Walk"c~uid'be~'19'. from '-the Center~iine 0f ~he r'ight~f-Way~" '' ~' ' " The.reason that I have brought you this..request is that Ife~'i ~ertain that you will do everything in'your power 'to protect the'hundreds Of chiidrenthat use these streets going to and from Plumosa School, Delray Jr. High School and Seacrest H~gh S~hool." Mayor Avery asked the procedure to give this request the proper courtesy tonight, and City Manager WOrthing answered.as follows= ~'Direct'the CitY Manager to' Contact the Palm BeaCh' County CommisSion and work with that body, inasmuch as they have juris- diction over maintenance and.repair of Swinton A~enue, and see what arrangement can be worked out with the Palm Beach COunty COmmission, if they would approve of such a c~ns~rUction or might they not attempt to'obtain a uniform right-of-way by obtaining dedication of rights-of-way to make such u~iform right-of-way.". Mr? Saunde~s asked-if'the ~ou~ had eht~red into any side- walk projects, and City Manager Worthing i~formed him that they had not in De!ray Beach.. ~ Mr. Saunders m0ve~'that.the' City Manager. be directed to take the necessary steps to ~eewhat the County wi!ld° ~n ~his'regard, the motion being secOn~edl bY'Mr. Talbot.'and'~un~n~moUs~ylcarried. 3. Mr. Ralph Reno, a ~ember of the .Shuffleboard C~ub, Senior Citizens Club and the American Legion, called Council attention to 4-26-65 the unsightly condition of the sidewalks an~ streets in the down- town area due to litter, gum, etc., an~ suggested that it would ~o much toward the beautification of Delray Beach if these areas were kept clean, and that it may be a project for the Beautification Committee or the merchants themselves. By Council agreement, the City Manager was ~irected to in- vestigate the feasibility of'the suggestions of Mr. Reno. 3. Mr. Frank F. Ellis, 553 Jaeger Drive, Tropic ~alms Subdivision, sai~ he was still interested in the repair of the streets in Tropic Palms Subdivision, and that it was his understanding that the City would give Mr. Mellon 30 ~ays to make some necessary repairs, and if not ~one in that time, the City woul~ take over the repairs an~ pre- sent the bill to Mr. Mellon. City Attorney Adams said that he and the City Manager desire~ about two more weeks before giving the Council an opinion, but that he di~ not recall any statement being ma~e, giving Mr. Mellon 30 days in which to make the repairs. Further,.Mr. Mellon's attorneys had been contacted, and he and the City Manager will endeavor to give some kind of report on same at the next regular Council meeting. 4. Mr. Croft read the Beautification Committee meeting minutes of April 15, 1965, and the following items were discussed. "Following a review of conditions of City park areas, Mr. Croft reported onthe proposed Homewood Boulevard beautification project. The present proposal, accepted by the Council, is that Mr. Snyder, the developer, will pay for the plantlngs and installation of sprinklers~ the City is to pay for water and all future maintenance. Conscious of this committee's effort toward keeping main- tenance at a minimum, Mr. Bingham moved that Mr. Sny~er submit a plan of plantings to this Committee and the 9arks Superintendent for approval. Motion seconded by Mrs. Plume and carrie~. (Council action requested) In our concern over the shortage of parkland in this City, the recent acquisition of additional land by both Boca Raton and Boynton Beach, through releases being made by FIND, was discussed. Mr. Lankton is to consult with the City Council as to the procedure for acquiring such land for Delray Beach." Re= Item 2. Mayor Avery asked if any Council action was necessary to facilitate same.. City Manager Worthing informed the COuncil that. plans a~ agreements had been entere~intowith Mr. " Snyder that the City would assist him as far as they are in a position to'do'toward, the development o~t~at landby assuring him that the City would furnish water and maintenance, if he woul~ furnish as he agreed, all nursery stock and landscape items, as well as fur- nishing and installing a sprinkler system~ further, that ha~ gotten under way before the action of the Beautification Committee. Mr. Worthing said he believed that Mr. Snyder would be willing to work with the Beautification Committee toward the improvement of that island, which is within an 80 foot public highway. Mayor Avery suggested thatthe City Manager be directed to request Mr. Sny~er to coordinate with the Beautification Committee on this project. It was so moved by Mr. Croft, seconded by Mr. Saunders and unanimously carrie~. Re: Item 5, Mayor Avery asked that the City Manager meet with Mr. Lankton concerning method of acquiring lan~s from ~.I.N.D., in order that some recommendations may be presente~ to Council at their next meeting. -2- 4-26-6~ 4.a. A roll call showed the following Civic Organizations and representatives to be 'in attendances V. F.W. Mr. Clarence Bingham Beach Taxpayers League and Zonta Club Mrs. Dorothea Montgomery Tropic Isle Civic Assn. Mr. James Scheifley 5. City Manager Worthing announce~ that a memorandum had been received from the Division of Economic Opportunity, Office of the Governor of the State of Florida, that all public Officials and interested citizens are invited and encourage~ to attend conferences set up by the Division of Economic Opportunity, in Collaboration with the Office of Economic Opportunity, Atlanta Region, and other Federal agencies, as follows: "These conferences will be hel~ at the time and place indicated · below: May 3 - 4 9:00 A.M. to 4:30 P.M. - Panama City Marina Auditorium May 5 - 6 9:00 A.M. to 4:30 P.M. - Gainesville, University Inn FICUS On-the-Bay .... (Lake Worth} Palm Co 1 lege" ~tr6ff of~he':Rh6deX Sh0p,:Tl4'"W~st 'AElanti6'A%~flue~ '-' '_' .,~.thoughtI shouldw~ite ang 'tei~ y°u ~b°Ut:it ~s"! .... kfiOw people write and complain about things so good things are always nice to hear I ~ant to thank the men for being so kind and'al~ of '"":" you in charge." city Manager ~orthing reminded the Council that'£nth~'past, he and CityNanager,:~o,lland had, encouragedannexation of proper~y in Delray seach'sh0res Sdbdivisi°n' with assurances~ so~ar, a~"'~$sible, toward installation of street lights and fire hydrants;~'an8'"~d ~he following letter fromM r. Ha~ry S., Bowen,-,1010 Rhodes-Villa Avenue, dated April i4th:- " ' ' "I presume City officials get more complaints. ~han comp!ime~ts. ~he residents of our street and'Aite Dr£~e want to bp the except£on and thank you. for get~ipg.ourstr~et lights installed: Ir'sure makes a big difference. ~en youdrive in after'Bark you can tell some. people live here: ~U~en they. put thefire hydrants'in.we.can,then,g0',~o our Insurance people 'and ask for a red~cti$n in %he rates because of the better fire protection." -3- -4~26-65 ~22 City Manager Worthing stated ~hat he had informed residents of Delray Beach Shores Subdivision whose properties have been annexed to the City of Delray Beach that they can inform their fire insurance companies they are eligible for lower rates, inasmuch aa City fire protection is available to them. 5. Concerning a letter written to the Florida East Coast Railway Company on April 8th, regarding excessive train whistling, the City Manager read the following reply, dated April 13th: "I have your letter of April 8th, regarding complaints you have received because of excessive train whistling and the speed of trains through your municipality. As I know you realize, we are required by rule and law to sound signals at crossings. However, we do not want to cause discomfort to the citizens of Delray Beach, and appreciate your.calling these matters to our attention. We will check into the situation immediately." 5. City Manager Worthing read the following letter from the Florida East Coast Railway Company, dated April 12th: "your letter of April 6th concerning condition of the N. E. 4th Street crossing is acknowledged herewith. Representative of the Railway will check this crossing with view of determining the nature of the repairs, whereupon they will be made as soon as forces are available. Thanking you for bringing this to'our attention, I am," 5. Mayor Avery read the foliowing Proclamation, dated April 26th: "The C~ty Councilor the City of Delray Beach, Florida, has been informed that LeRoy W. Merritt is a candidate for President of the Florida Junior Chamber of COmmerce. On the 26th day of April, 1965, the City Council unanimously adopted the followin% Proclamation: WHEREAS, LeRoy W. Merritt has unselfishly and tirelessly devoted his time and ability to numerous civic activities in this City; and WHEREAS, The City Council, on behalf of the citizens of the City of Delray Beach, Florida, being de- sirous that his civic achievements be recognized, acclaimed and permanently recorded; NOW, THEREFORE, The City Council of the City of Delray Beach, in honor and deep appreciation of his distinguished service, hereby commends LeRoy W. MERRITT for his contributions to the general welfare of the City of Delray Beach. In passing this Proclamation, the City Council heartily endorses Mr. Merritt's candidacy for President of the Florida Junior Chamber of Commerce." Said Proclamation was unanimously approved on motion by Mr. Saunders and seconded by Mr. Talbot. -4- 4-26-65 123 Mayor Avery asked that said Proclamation be presented to Mr. Merritt, with the hope that he will be elected to the office of State President, and informed the Council and public that contributions to the Buddy Merritt Campaign Fund could be made to Mr. Charles Gwynn. 5. Mayor Avery then read a Proclamation, proclaiming May as NATIO~IL I~ADIO MONTH. 5. Mayor Avery read a Proclamation, proclaiming May 1, 1965, LAW DAY USA, and presented said Proclamation to City Attorney Adams to be delivered to the proper parties. 5.a. Mr. Talbot said it had been pointed out by parents of the younger generation who use the Paul Knowles Park quite frequently that there is no playground equipment there for younger children, and he would like to know the Council's desire and where money would be obtained for such equipment. It was suggested that City Manager Worthing get prices on play- ground equipment and present same with recommendations to Council. 5.a. Mr. Talbot said he felt Delray Beach is very fortunate in having the type of-sign ordinance it hae~ however, there are certain ambi- guous points in the sign ordinance that had been.brought to his at- tention by Ralph Hughson, the Building Official, who would like a committee appointed to study and recommend concerning clearing up of such minor ambiguities. Mr.. Talbot suggested the committee be apr pointed as follows: Ralph HughsOn, Building Official, as Chairman Capt. James Grantham, Police Department H. Ben Adams, Realtor Charles Toth, Architect & Beautification Comm. ~ames Smith, Chamber of Commerce Ernest Byrd, West Side Civic League George Talbot, Council Mr. Jurney moved that the Council aDprove appointment of said Committee, as recommended by Mr. Talbot. The motion was seconded by Mr. croft and carried unanimously. 5.a. Mr. Talbot informed the Council that a final report on Beach Erosion had been received from the Glace Engineering Corporation; also, a letter hed~been received from them today and onlY the Council and City Manager have had an opportunity to know its contents; there- fore, he does not believe it fair to request the Council to approve said report tonight. Mr. Talbot pointed out that this beach erosion program has beem delayed unintentionally, partially because of high seas; they could not complete the off shore soundings, and in order that it not be delayed further, the off shore soundings were eliminated and Dot in- cluded in the report, as presented;' however, they can b~ taken at a later date without seriously affecting the contents of the report or of the work. Another delay was caused bY Dr. Per Bruun being called to India or Afganistan, making him two weeks late in reviewing the report before it was put in final form; also, that Mr. Harold'Radcliffe of Glace Engineering Corporation had been called out of the state. Mr. Talbot said this program would have to move rapidly, and suggested that a special meeting be called as soon as Mr. Harold Radcliffe, President of Glace Engineering Corporation, could make a trip to Delray Beach, such public special meeting to include the Council and the Beach Erosion'Committee, for acceptance of the report, with the hope that a decision will be reached as to the avenues that will be approached in the immediate future. Mayor Avery said that he would be out of town the next two weeks, but that he is strongly in favor of a sensible, feasible beach erosion program, and asked Mr. Talbot to make plans for said special meeting to be held. -5- 4-26-65 ,~24 5.a. Mr. Talbot said hehad been asked by the Beach Taxpayers League to see if the City could request a survey of suggested street light- ing, where it may be needed, by the Florida Power and Light Company~ that this survey be not only of the beach area, but of the town as a whole, after which the City could determine what they could afford and thought best to proceed with. Mayor Avery suggested that the City Manager be instructed to have the City ~ngineer confer with the Florida Power and Light Company, requesting the necessary surveys, which procedure was agreeable-with the Council. 5.a. Mayor Avery said the City is faced with necessity of auditing the Purchasing Department for a period of more than a year, and that he had instructed the City Manager to be prepared to recommend to Council how this audit could be conducted. City Manager Worthing commented as follows: "Believing it to be the pleasure of the Council to request such detailed audit, I would recommend that such detailed audit be provided for the calendar year of 1964 and the first quarter of the calendar year of 1965. I would further recommend that such ~etailed audit be prepared by Himes & Himes, who are so thoroughly familiar with not only the purchasing procedure of the City, but also the accounting system of the City. There would be no established figure that I could give you for cost~ however, I feel quite certain that it would be most satisfactory to the City. I might further mention that subject to Council accepting such recommendation, as well as subject to Council approving another item on this agenda which is relative to Himes & Himes, should Himes & Himes be appointed auditor for the City for the ensuing year or two, this detaile~ audit from October 1st, which is the start of the ~iscal year, through March 31st would not have to be repeated in any form, for it would have already been prepared in the first recommendation that I made. That such detailed audit for all purchases, from start to finish in their operation, for the calendar year of 1964 and the first quarter of 1965 be provided, and further recommend that Himes & Himes be employed to do that." Mr. Talbot asked if the City Manager was proposing something a little more in depth than the usual internal audit~ in other words, it would be starting with the purchase order and following the trans- action through to the clearing of the check. Mr. Worthing informed Mr. Talbot that is what is ~roposed. With that clarification, Mr. Talbot said he would move that the recommendation of the City Manager be approved, the motion being seconded by Mr. Jurney and unanimously carried. 5.a. Mayor Avery informed the Council that he had received requests from several ladies concerning~legislation for the belling of cats, since Delray ~each is a Bird Sanctuary and the cats are destroying' the birds° Mayor Avery suggested that the City Attorney be instructed to research this item and recommend some proper legislation for the control of cats, the end result being the protection of the birds in Delray Beach. City Attorney Adams said that he would prefer some recommen- dations from the people that have complained, and Mayor Avery asked for permission to appoint Mrs. Benjamin F. Po Ivins as Chairman of this committee, giving her authority to appoint any others she wishes on the Committee, and that they confer with the City Attorney and come up with the proper legislation, which procedure was agreeable to the other Councilmen. 6.a~ Mr° H. V. Hanson, local Manager of Southern Bell Telephone Company, and Chairman of the 196§ Community Chest Drive in Delray Beach, in behalf of the Officers, Directors and members of said Delray Beach Community Chest, said he W°uld like to take this opportunity to recognize the City Council and City employees for their'outstanding support of the 1965 drive. Mr. Hanson said that each of the Council- men had served in some capacity, and the City employees had contributed -6- 4-26-65 200% of their ' ed with ~- gUOta; ~ W~ - cneir awa .... ~rthem, "= ~Uld .~.._ ~ servi~e . n ~en Pre---~ _ already ~ ~. Ha e Cred he Corn · ~ n P~es olice, ~.~ nson Pres .... .it to al~ -.. mun~ty ~-.2 RObert j .. ~e~r, Sj_~ecti~, p~_~--ced awards ~ ~.ty emplo,[ii-~, and ~ '~Olland ~=' Garbage ~s, Sutl~=P ~cme~ts. --~ a~agh, =~'zeering, ~ed ~o '- ~ ~ced that tn ~uaSell & Ax =u in and Jaa~a on, ext .... March ,__ UP.ate ~ ry of t~{- ~e C/tv,. _ ~2~~cll may w~.~'~ ~urthe~ ~ se~r s,.~-~a~en wit~ i Which was i~aewe~ Da~i-' =O eon~I =nat ~a~ f~m, Which ~'~ ~ view to~.~ ..~ ~alta~,. _ uae reso-~ future __ Pre.seat. _~ '"pzeted {. the ao~uaO~l at t~'~"ued: "~e - "~-the'°utfa~cOrp°' ~e~,,~'~~ that We ~'~' ~ese =- ~eslgnate~ ~'"'=noed for ..ha~e ~o~,~2-~.; .~,of fA- Per teat -- ght, and --, f gree. _ on ~" ~, . H~" L. 7'ng ~hi~ *~_'T~.,~im~,"~;]~v~g ..... The ~-. ~ uel=av ~__ %~ on ~ec~)D.~..~ e. tO t~-.:- .'~ectt,on'~:' :.:~,.,mo~E" :-'"?. h a~e~"' 'r2~ ~on 1' '~ ' "=' Ci '"'?.--- ~. · ,-., ~,*-~agv, cont~ AVenue O, ~hi , : .ty_. ~mt ":" ' ~flzC~ .'.' ~h~, Co ~ned , .... a~d f cfi runs ........ ta~ 3~ ~' ' '~,-~ the. ...... , U~iI ha · Clu --. rom fro :- ~ s~. ,be ~ar a .... ~- d ~. de the ~.. ~. ~ ~,_ m the ~-' ~. ~gnd ~ ~ -~,.~,~no~t 'ghl~ ....-.-=we~a~2' ~ ,..- ~,4u' j..~ -.,,; ~. cO ~ ~ ' ~11wa,."~'*~.,;' ~eet. ~ '- - -.-- ~.ue, e d~ce ; !s. .. ,..,.~ .., t, and ton ~ef t, d - ned · ~%f Uld · Pla · '~*..~. f s at -~.' - , a · .- .. f e · · , .... '~'2 ~.-.~° ~ak~'~;; :.?zd that~ ~. a,,.etc,...~ _..a~. ~a~e .~;.z~.; ~P~alne~ 'h~,. ' ' ' ~ ' '- ~ "~t~K~'~"~ ,~ nad ~-L '-. ' ':"' '" ~9e~da ~:~9~ AF~ ' '--,-~.~vel0pi~L.~ ~? ~{~eca1 a-: *-~- " ~' :L- . . , "'" ~=~O~ ' O ....." ~'~u~ .... " :' -'..., ~O. ..~y" ~. ,.OF ~'~.~.- ._ 1!'65 ~S , ~. u~ ....... . C~E ..... ~o - -~ - be ~'~_~? ~cra~i~' ~'~ ,. A~d',:: ~ ,. '--: .... .. .' - --'-' - ,PY of ~me:~;s<~m ' ' -,,~ ~a~:-'~y~,~f~ ehO ~.;~. · an ~' r'~ -~:. ~ere '~ .... - .... .. · -:~: · . bond a" :~" a~e k~": ~':~.f~rme~ ~- ' ime-t~:~&~:.~-/Ut/on'' ~. ~<'~" Talb~& :Z~.:-c''~' ~='-i ' "' = ~e ~'~'. .... =-:~y; ~e~b':~'? ,~ ~'o~s gee ,~i~ "Sked- "": ~. ~n- ' ", .... ,.~ne Co ~ ~=xn ":~ ,:~-'~.. ~ty A ...... ,'-,,.-r,. '- .' :, the - tit · ........ t~-- en an -.~:,' ~., ,. Y Att ..... ~t Y eon · - t - . o~ .... ~ SZde ' e, alt ~..z.:;:~ he a.~_.,~ ~-~,as on -7- h~u~n the~J:~"~.~?ge~' i~',. '4~26.65~ 126 contracts involved in this one, but that would not affectthe passing of this Resolution. Resolution No.1.1~65 was unanimously passed and adopted on this first and final reading, on motion by Mr. Talbot and seconded by Mr. Croft. 8.b. City Manager~Worthing said that the Council may desire to authorize the Consulting Engineers, Russell & Axon, to prepare design plans and specifications for Sections ll, 14 and 22, as designated on the Sectional Map,. recently received from the engineers as a Dart of their report relative to sewer extension facilities within the City, such a project to obviously include the .necessary topographic and land surveys. Mr. Worthing explained that Section 11 is the area from N. W. 4th Street to 22nd Street; Section 22 extending south on Federal Highway to the north line of tract 3 in Section 28-46-43~ and Section 14 on South AiA extending southerly from Brooks Lane, the terminUS of the present system to the South 100 feet of Government Lot 1, in Section 28-46-43, instead of being just the light green area shown on the map. City Manager Worthing commented further: "It shall be understood and agreed that fees for such services shall be in the absolute minimum bracket as provided in the 1955 Florida Engineering Society's Fee schedule, also the Supplemental Agreement No. 3 applicable to the basic contract dated September 29, 1959, and to Russell & Axon's letter of April 2, 1965, excluding Items 4 and 5 On page 2 thereof, inasmuch as it is desired that the 'services' set forth in said items, namely 'EXtra Engineering Services' ~nd ~Res~dentSupervision' should be held optional with the~City, and negotiation undertaken at such time as these services may be authorized by Council. Therefore, it is believed the Council may desire to authorize Russell a Axon to proceed with de- sign plans and specifications on those Sections 11, 14 as identified above, and 22." It was so moved by Mr. Saunders and seconded by Mr. Talbot, and unanimously carried. 6.c. Concerning appointment of an auditing firm, as requested in section~9, of the CityCharter, City Manager Worthing commented as follows: "The City Charter provides that an independent audit shall be made of all accounts of the City government by certified public accountants. In view of the excellent past performance by Hlmes & Himes in providing such audits for the City of Delray Beach, it is recommended that said C.P.A. firm be aopointed for the ensuing two year period to provide the annual audit for said City for the current and the following fiscal years, and subject to Council approval of such recommendation, I would like to call the attention of Council *to the fact that an audit agreement will be prepared by the City Attorney comparable to that previous agreement dated February 15, 1963, the only change being a 10 per cent increase in the charges for Junior and Senior accountants; otherwise, it is on a per diem. basis. I might' fur- ther add that this agreement, even though there is a much greater in- creased volume of business now than on February 15, 1963: nevertheless, a new agreement would contain, in part, the condition that the party of the first part, namely Himes & Himes, shall be paid sn amount not to exceed $7,000.00, as was the ~mount of the older agreement that I refer to. I might further state that will be lessened, of course, by a de- tailed audit of a certain portipn of their function, namely the purchase. ing detail in all functions relating to thePurohasing Department, for half of the fiscal ~Gar,. through March 31, 1965. I would like further to state that Himes & Himes' audit of 63-64 fiscal year, though there was a greater volume than*the previous fiscal year which they provided audit for, nevertheless, the latest one was performed at a saving of approximately $1,100.00 over the previous one." Mr. Croft moved that the recommendations of the City Manager be approved in hiring Himes & Himes as auditors for the ensuing two years, the motion w~s seconded by Mr. Jurney and carried unanimously. -8- 4-26-65 127 6.do The*City Manager informed the Council of a request for permit to sell beer, for consumption on the premises, having been received from Mr. William George Junnier, operating Bill's Drive In, located at 27 S. g. 3rd Avenue, with a seating capacity of 58 persons. Further, this applicant meets all requirements, and has been approved by~th~investi- gating agencies of the City, the present zoning of the land permits such business,.and it is recommended that this request be granted. The request to sell beer was unanimously granted on motion by Mr. Croft and seconded by Mr. ju~ney. 6.e. The City Manager informed the Council that the Carver High School Glee Club and Band, through the high school's Assistant Principal, Hr. C. Spencer Pompey~ requests permission to sell recordings made by the Glee Club for the purpose of augmenting its treasury, in order that the Club and Band may attend the State Glee Club Festival, and that it is recommended the request be granted. The request was unanimously granted on motion by Mr. Saunders and - seconded by Mr. Jurney. 6.f. Concerning a Survey of parcels of land in violation of City · nuisance laws, Mr. Talbot moved that the Clerk be directed to comply with said 'Chapter 15 of the Code, as applicable to the survey~report, in order to provide for abatement of ~he nuisances determined to exist, as reflected therein. The motionwas seconded by Mr. Croft and carried unanimously. (Copy of nuisanoe violation list is attached tO the official copy of these minutes.)* (Sss Page 136-A) 6.g. Concerning appointment of a Capital Improvements Committee, Mayor Avery said that the Fiscal Directors had been instructed tosurvey the possibilities of funds, and they are preparing that information for the Council; therefore, he thought it would be a little premature to appoint such a committee until they could be given the full charge* of their duties, and asked that this item be tabled until the information is re- ceived. Mr. Croft moved to table said item, the motion being seconded by Mr. Talbot and unanimously carried. 6.h. Concerning Jaycees' request for relief from water service costs, which had been deferred on April 12th: City Manager Worthing informed the Council that no institutions or accounts, including the schools, outside the City limits are furnished water other than at rates set forth in the schedule, plus one hundred fifty per cent. During discussion, Mr. Jurney said the Jaycees were a non-profit organization and did a lot of civic good; therefore, he felt they should be given some consideration, if not by reduced rates, possibly an end of year credit on their account, or a donation. City Attorney Adams informedthe Council it would require an ordi- nance amendment if the rates were revised, that the rates could not be reduced below the minimum'rates in the City, but an exception to the outside City rates could possibly be made; further, that unless you are spending public money for advertising, he did not feel it would ~ proper to do it in that manner. Mr. Jurney moved that the Jaycees be given some consideration on their water rates. City Attorney Adams said he believed i% could be legally done, but the Council would run the risk of Setting a precedent. *. Following discussion, Mr. Jurney changed his motion, and moved that this item be tabled for further study. The motion was seconded by Mr. Saunders and carried unanimously. 6.i. It was announced that there would be a Blood Bank Drive at the Community Center, adjacent to the City Hall, on*Tuesday, April 27th, between the hours of 10:00 A.M. and 6:00 P.M. ;.a. City Manager Worthing reminded the Council of an offer from Mr. James Ritterbusch to sell Lot 21, Block 92, to the City was originally submitte4 to Council on March 8th, and at that time was referred to the -- ~ -9- 4-26-$5 '128 Traffic a Parking Committee for review and recommendation~ further, that said committee 'h~d since stated that it felt the parcel of land was offered at a~reasonable price and could be advantageously used by the City. The City Manager then'read a letter, dated April 13th, from Mr. Ritterbusch, asking that the Council come to some conclusion regard- ing this item. Mr. Jurney said he was not in favor of the City purchasing more parking lots in this'area, as he felt there was sufficient parking in that area for some time to come. Mr. Jurney then moved that the Council deCline the offer of Mr. Ritterbusch for this particular piece of property, the motion being seconded by Mr. Talbot. Mr. Saunders said he felt the property could ~e used advantageous- ly in the future, as the existing parking lots in that area are being used to capacity. During lengthy discussion, Mr. Talbot asked if this property had been surveyed to arrive at the cost per car for parking. Upon call of roll, Mr. Jurney and .Mr. Talbot voted in favor of the motion, and Mr. Croft, Mr. Saunders and Mayor Avery were opposed. The motion did not carry. Mr. Talbot then moved that the Council instruct the City Manager to have the Engineering Department prepare a plot of the parking arrangement of this proposed piece of property, showing the number of cars that can be parked. The motion was seconded by Mr. Saunders and carried unanimously. 7.b. Concerning request for approval of Preliminary Plat of Sudan Subdivision, and Final Plat of Unit A of Said Subdivision, City Manager Worthing reported as follows: "The Planning and Zoning Board, Building Inspector and City Engineer reviewed and submitted to Council on January 28, 1963 the preliminary plat of Sudan Subdivision. The Council at that time gave tentative approval, subject to inclusion of a sewer collection system, but no conclusion was ever reached. proval is recommended of the Preliminary Plat of sudan Subdivision, and tentative approval of the Final Plat of 'Unit A' thereof, which shall be constructed in accordance with the Provisions of the Pre- liminary Plat and further subject to: 1. The developer not being required to install Sanitary sewers in Unit A, inasmuch as he has secured approval from the state Board of Health for installation of 40 septic tanks, which number represents those lots comprisingUnit A; 2. Adherence to the Planning Board's recommendation that side- walks be eliminated, except on both sides of Poinsettia Boulevard and on the west side of Davis Road within the Subdivision. previously agreed to by Council and now agreed to by developer. 3. That the City shall pay that portion of costs incurred in water main extension installation from Atlantic Avenue to the south limits of the Subdivision, which portion shall be equal to three and one-half times the anticipated revenue from platted Unit A, being in the amount of $5,040.00, uayable upon completion of the main extension installation. Estimated total cost to developer, who has let a contract to Hardrives, Inc. for such installation of approximately 2300 lineal feet of 10" cast iron pipe, is $10,000.00. Subject to those conditions, it is recommended that approval of the Preliminary Plat and the tentative approval of the final Plat of 'Unit A' thereof be provided." Mr. Saunders questioned part 3 of said provisions, and the City Manager explained that is in accordance with a policy of the City which, in part, refers to "Agreement for Extension of Water Mains to Subdivisions within the Corporate Limits". Mr. Talbot questioned part 1 of said provisions, and Mr. John Ambrose, owner of Sudan Subdivision, informed the Council that some- time in 1963, he received a subdivision analysis form from the -10- 4-26-65 129 Director of Public Hea~th~ David L~e, in which he approved the septic tank system satisfactory on the first 40 lots ~eveloped in "Unit A", with permits to be issued lot by lot as homes, are constructed, pending availability of municipal sanitary sewers. Mr. Ambrose also informed the Council that his water percolation tests had been approved by his engineers and by the Florida State Board of Health. City Engineer Fleming said it was not probable that the City sanitary sewer system would be extended to the Sudan Subdivision even in the step following the present sections the Council has approved., Mr, Croft moved for approval of the Preliminary Plat of Sudan Subdivision, and tentative approval of the Final Plat of Unit A thereof, subject to the conditions contained in the recommendations. The motion was seconded by Mr. Saunders and carried unanimously. ?.c. Regarding a request to exchange Lot 20, Block 92, for City owned parcel of land, City Manager Worthing reported as follows: "For~ Carter, Inc. offers to exchange Lot 20, Block 92 (46.6' x 125') for ~he City owned parcel of land (approximately one acre) iying adjacent to and southerly from S. E, 10th Street and lying immediately west of the parcels of land conveyed to Messrs. Brown and Dodson in 1964 in an exchange of lands. Appraisals of sai~ lands, as of April 22, 1965, on file in City Hall, are as follows.. Item One above - $10,000. by Wiliiam F. Koch, Jr. and Item Two above - $9,180 by Gerard J. Yonkman. It is. recomm.ended ~that~.t~h~s it~em be r~ferre..d .t,~ tl]e out some items to y, ou on th~.s,', that. in the appraisals, the ],a.n4 v.a!ue, is a h6Use 'ra~ed' at .$13,000.0.0~,' .f0r~ Which the City has 'absolutely no publiC funds',...lad.Yes it &p~ro~,.ximat~.lY, .$2~,.O0.~.... ~p~ar~t~ from .~gY ~t is onl~ 'right that you will reqUire the same study: then Y0~ wcul 'have to decl~e whe~ you choose to part w~th the c~ !and do~ there, and ~e Plannlng & Zoning ~ar~ there ls going to come xnto it. You have several committees and several anglms before ~ou can ~m~ up with a dec~xO~ on ~s. ~t ~uId s~ tO ~th~ chai~ .... _.. ~ ......... Mr ~ Ri~t~rb~s~h's' ~e~u~;' ~er~ing .'it~.t~ t~e- ~in~e~.~ ~a~ent to 'cOme 'a~' '~ieh: '.a' Study ¥~"tH~'~k:h~~ '~'~'k Wi~ ~the ne~ ~F,esul~' /zonih~j B~a~d'~ ~e. ~skea ~%o' 44~si~r/this: 'from. the' 9tHei land standpoint, :., . ' ~ 'Talbot said:~at' ~'fte~:.the answer ~o BiS mgtion hsd lack"6~ a '&ec~ff~',:~'~':''," ~:.:' ':~)':~.. :" ."-":'. .'.. ]'~" "' .: '-''i ,'"- .'."..:. .-, lack of a se6on~. ~ . ' . -~ ' · ~ y-T~l~Ot. ~aiS. 'hi~. in~eest' :iis" ~o 'get' a per~ %~_ cO~t .o~--the' .two time. ~r[' 5~ney said he was under.~e imPress:ion that the City property at S, E. 10~ Street had been proposed as a Fire Statio0 location, and felt it should be considered for .a Ci.ty..use and not disgosed of. Mr. Talbot theft moved that this r~quest be given the same treat- men~ as to referring it to the EngineeringDe~artment, and by combin- ing both parcels of land, there may be more parking spaces at less cost per car, the motion being seconded by Mr. Saunders, and carried unanimously. ?.d. Concerning a request for an extended five year moratorium for ad-Valorem taxes on Sudan Subdivision, City Manager Worthing reported to Council as followS: "A petition has been received from Mr. John S. Ambrose, owner of sudan Subdivision, incorporating approximately 53 acres, !ying north Of ~.~est Atlantic Avenue and west of the S.A.L. railroad, 'for an extension of five years, to the original 5-year moratorium on ad-valorem taxes applicable to said lands, which com- mences on January 1, 1963, except in the following events and under the following circumstances: (1) ' In the event any.parcel or lot is sold, transferred or other- wise disposed of, or in the event buildings or structures (except temporary real estate office) are constructed on any parcel or lot, then such parcel or lot shall be subject to normal taxation, including the bonded indebtedness of the City of Delray Beach, Florida. (2) In the further event any'portion of the lands described upon attached Exhibits ~1 and 2~ are platte~ or subdivided, the tax mora- torium aforesaid shall remain effective an~ in full force, subject to the conditions of sub-paragraph (1) above~ except, provided when 50% of the lots, as shown on such 91at or subdivision are sold, such moratorium shall cease and terminate as to those platted lots remain- ing unsold and thereupon each of the remaining unsold lots, as shown upon such plat, may'thereafter be taxed at an annual tax not to ex- ceed $10.00.per lot for the remaining unexpired portion of said five (5) year moratorium. Such extension is recommended inasmuch as municipal services will not accrue to said lands until such time as development is undertaken and completed. Subject to Council acceptance of this recommendation, an ordinance will be provided and submitted to Council at next meeting to reflect such amendment." Mr. Croft move~ to approve an extension of said five-year mora- torium, as requested by the City Manager0 to be reflected in an ordi- nance to be drafted, the ~otion being seconded by Mr. Saunders, and carrie~ unanimously. 8.a. an5 8.b. items., follow item 6.b. in these minutes. 8.c. City Manager Worthing presented RESOLUTION NO. 12-65. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL~AY " BEACH, FLORIDA, ASSESSING COSTS FOR A~ATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~- SETTING OUT ACTUAL COSTS INCIFRRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMEL~T AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUiSANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAOER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 12-65 and assessments are attached to the official copy of these minutes.) (See Pa~es 136-C & 136-D) Resolution No. 12-65 was unanimously passed snd adopted on this first and final reading on motion by Mr. Saunders and seconded by Mr. Croft. -12- . 4-26-65 131 8.d, City Manager ~rthing presented ORDINANCE NO. 9-65. AN ORDI~NCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOTS 6, 7, 8 and 9, BLOCK 4, SOPHIA FREY LESS THE WEST PORTION THEREOF NOW LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF DELRAY.BEACH, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR TI~E RIGHTS AND OBLIGATIONS OF SAID ~LAND; AND PROVIDING FOR THE ZONING THEREOF. (Madison Cash) (Copy of Ordinance NO. 9-65 is attached to the official copy of these minutes) (See Page 136-E) There being no objection to Ordinance N©. 9-6'~, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Croft and .Seconded by Mr. Saunders. 8.e. The City Manager presented ORDINANCE NO. 10-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXIN~ TO THE CITY OF DEU~y BEACH. CERTAIN ~_aSo ToWNSHIP' :;~6 :SOUTH;. RAN~. 43 '~sT, ':~CS LAND' IS CONTIGUOUS_TO EXISTING MOI~ICIPAL LIMITS OF, SAID There. being':in° 0b'~e'e'~isn ~°:ii0rdln~e:i~, 'i6:1.6.:~. sa~ :O~di'nance was unanim0Us~Y :Passed an~'~0:pte~ on thi~iC0nd .~nd ~-n~¥· reading, ~ 0~n. motion by ar. iaunders and seconded ~8;~'i T~e City Manager presented ORDINANCE NO. 12-65. DELRAy B~ACH CERTAIN LAND, NAME~g LOT lS, LAKE IDA mNOR, ~CH LAND XS CO~TX~UO~ TO ~XSTIm '~ M~iCIPm, L~iT~ OF BOUNDARIES OF, SAID CITY TO INCLUDE. SAID LAND; :: SAiD LAND.i Am PROVIDING' FOR THE ZONinG ;THEREOP. (Copy f Ordinance No, i2~65, zs attached to tie Official copy of There bei~'i .~0 0b. jeeti~n'/t0 :ordh.a:nc· NO:. ~2~',~, s~d Ordinance was unanimOUs'i¥:.~'s:eed :and' :adoP~edl on .thi~ s-ec~:fid '~fid ~:f~nel reading, on motion· b~i'Mi~; cr6ft~and seconded by Mr: Jurney.: ' !8~g. MaYOr Avery ~aid he:'Wo:uld' like for ~o~sinanse ~NOl: 14'65, 'Dromos_ lng annexation of certain, land in Section 21~46-43, adjacent to and north of the HorizonAPartments, to be tabled indefinitely fo~ in-, · .i:i ~" TalbOt said' he' did/nOt Want, rio br~ak.'~hi:th~ ~i:~h' thee ¢;bple that have .come into{he' City With 'the ~hderst~an~d~fng that this parcel of lalld w~uld be zoned to meet their apI~roval, and ,asked if it would be po~ible:.tO Obt~'n :ex~erpta' of preVious minutes' in order that the Council maybe.?: brousght:. ~. up to date.on, this item;. -13- ..... 4~26-~5 Following discussion, Mr. Talbotmove~ that this item be tabled, and in the interim ~eriod, the Counci! be furnished excerpts from previous Council minutes concerning same, the motion being seconded by Mr. Saunders and unanimously carried. 8.h. City Manager Worthing informed the Council that as a result of recent dedications, making possible thewidening of N. W. 4th Avenue between 12th and 13th Streets for a distance of 15 feet~ also, making possible the widening of that part of N. W. 13th Street, as now ex- ists, and Lying westward from N. W. 4th Avenue, for a distance of 10 feet, same should be incorporated within the City by annexation. The City Manager then presente~ ORDINANCE NO. 15-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, W~ICH LANDS ARE CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; AND REDEFININ~ T~E BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS. Ordinance No. 15-65 was unanimously Placed on first reading, on motion by Mr. Talbot and seconded by Mr. Saunders. 8.io COncerning Ordinance No. 16-65, creating and establishing a new use district to be known as R-3A (Multiple Family Dwelling District), Mr. Saunders moved that this item be tabled, the motion being seconde~ by Mr. Croft and unanimously carried. It was pointed out that this R-3A Mu!tiple Family Dwelling Dis- trict was closely related to the proposed annexation of the Alfaro property on South Ocean Boulevard, and the excerpts from Council minutes would be provided on thisitem along with the excerpts con- cerning the Alfaro property annexation. 8.j. City Manager Worthing presented ORDINANCE NO. 17-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, W~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RED~FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 17-65was unanimously placed on first reading on motion by Mr. Jurney and seconded by Mr. Talbot. 8ok. City Manager Worthing presented ORDINANCE NO. 18-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4-7, CHAPTER 4, CODE OF ORDINANCES OF THE CiTY PER- TAINING TO THE LOCATION OF ESTABLIS~NTS WHICH ARE PERMITTED TO SELL INTOXICATING BEVERAGES. Ordinance No. 18-65 was unanimouslyPlaced on first reading on motion by Mr. Talbot and seconded by Mr. Croft. 9.a. City Manager Worthing stated that in accordance with ~ouncil request of March 22nd, City EngineerFleming had reviewed the recent report from Russell & Axon concerning their recommendations relative to water works improvements for the City, and copy of said report had -14- 4-26-65 133 been furnished each Councilman~ further, that the Council may desire to refer this report to Russell.& Axon for their review and approval. It was so moved by Mr. Saunders, seconded by Mr. Talbot and unanimous- ly carried. 9.b. Concerning unsightly lift station construction, the City Manager reported as'follows: ~.". "At the last regular meeting~ Council requested a study and report on undesirable conditions relating to certainlift station i~s.tal.la.~ions. .., .:"....J.i.'.' '." This study h~s been made and the following corrective measures are recommended: 1. Station #3 Palm Trail, so. of N.E. 3rd St. $1,000 2. Station %16 Seagate Dr. & Bauhinia Rd. 1,000 3. Station %4 N. E. 3rd Ave. & 8th St. Landscaping and sprinkler system 234 4. Station %6 S. W. 2nd St. 3& 7th Ave. Landscaping and sprinkler system 335 5. Station %1 Woman's Club property 500 Total $3,069 Subject to Council approval of this recommendation, authorization for transfer of funds from the Water and Sewer Contingency Fund to Captial Expense on Sewer. Con- struction System Account No. 910 460 640 is recommended." mess O~ digging, but w~uld bea tuestion of removing the top~and,~ ~ settin~=v4~tiia~ion ~i~eSovet t~ the ~roPertY"i{de, an~ would not cause any greS~ disturbance to the area. ~Mr. Neff continued as.~follows: "I have one point to make here. Before you fool with th~se, stations that are guaranteed'by the Da~c0 people, I think yo~ should get ap- provai'°'f'~he~i'D~bc0'PebPie as to what you want to do.t~ them, so 'that the Ci~y)s'g~antee o~'"the '4tationSWiii"'n&e"be='%oid&d2!," ~<it~i~hgi~mer Floring 4aid there would be same noisd:Snd~°dfusion in cdtting~'aw~ SOme D6~tion'0f the Stati6n, ~Aa~that it neceSsarY t0cgntact"'%~ m~n~acture~ of;~e stations in orde~ 'to pro- tect the guarantee. Mr. Talbot~m6~ed '~hat~th& ':6~r~t~9~'-~easures, recommended by the City M nager, be taken On the five items listed, subject to clearance~with.the manufacturer so. thpti%he warranty would not be voided, the money'to be?provided as recommended. The motionT'w~s- seconded by Mr. Croft and carried unanimously. 10.x. May~r Av"~'re~inde~"~e C0u~cii ~hat'M;. E~;'~allnau an honorary ci~i~e~ of~e~;a~ch, and ~ha~'he ~sd i~vitea'the Council to be his ggests at the PicCadiliy Hotel in New'Y°rk[,~' M~yOr.Avery Fair, he be appointed as Official Ambassador.of thelCity of Delray Beach to the New ¥Or~ seCanded by~r~'Saunders-and'unanimousi~car~i~dJ : MaYor Av&ry ~aid~'the Ci'~y Ma'na~&f ~'~irec[ea to '~rePar& '~ p~ope~ 10Jxo "City Manager worthing informed the Council %ha'~'~.n'awning-fs ~adl~ neededat the new tennis building,.~o C~ver a patio where sCarers-ahd-0~f~lai~'~ill~e ~ated during~a tournament tO be held ~hi~ coming':we~kens:· re~0rted, thai'he had. tw°b~d~"f°r"sai~'a"Lin£C, $495~-00 fOr:goOd arm~d'uck'with s~ffib'ie:nt ~tin~:.~af~e~.sl°~pr bid"b~i~-~d. Up_ rights, and'fundS.'are ~Vailabl~ to do~e~-Sam~ Mr. Worthing further stated that so~e ti~-a~o, :t~'e:'~as a. transfer from a Federal Fund and other monies made available from the County C°mmissi°h",:. %°taringab°ut $46,1'10;°0'. :'.$ince.tha$~"::'"'~"~"time, the' -15- 4-26-65 tennis courts have been relocated and the clubhouse built, leaving approximately ~11,600.00 of unencumbered balance in the reserve fund related to'moving the tennis courts as a result of the widening of W. Atlantic Avenue. During discussion, Mr. Worthing reported approxi- mately $17,900.00. had already been spent on the new tennis building. Mr. Jurney said he did not understana why the plans and speci- fications for said building did not contain all that was needed, as it was not fair to the others bidding on Said contract. Mayor Avery commented= "I think you can accomplish that with a motion, if you wish, if you direct the City Manager to cause to be furnished the City Council a complete analysis of the job, both from changes and present cost." Mr. Jurney so moved. The motion was seconded by Mr. Talbot and carried unanimously. City Manager Worthing informed the Council that their last action did not conclude his request for consideration on the awning, which is badly needed for the annual Gulfstream Tennis Tournament, to be held in Delray Beach this coming weekend; further, the request for the awning came from the Tennis Committee, headed by Dr. Monroe Father and Mr. Kenneth Jacobson, who had obtained the bids on said awning; fur, ther, that one bi~ had been received from Tropical Awning Company on a cheaper army duck at $455.00; also a better and more satisfactory quality duck at $495.00. The Delray Awning Company at 656 S. E. 5th Avenue bid $473.00 on the cheaper duck, and on the better quality, ~they bid $523.00. Pollowing lengthydiscussion, Mayor Avery relinquished the gavel ~o Vice-Mayor Saunders and moved that the request of the City Manager for the awning in t~he amount of $495.00 fromTropical Awning Company be approved and the money come from the Improvement Trust Fund, sub- ject to installation of said awning prior to the tournament. The motion was seconded by Mr. Croft, and upon call of ro11, Mr. Croft, Mr. Saunders and Mayor Avery voted in favor of the motion, and Mr. Jurney and Mr. Talbot were opposed. The motion carried. 10.x. City Manager Worthing informed the Council of another item for work done at the tennis court building in the amount of $577.00; that the work had been authorized and approved by the previous Purchasing Agent, and the work had been completed; therefore, the money was rightfully due the contractor who did said work. Mr. Worthing ex- plained this work involved installation of lines for drinking fountain - $65.00; installation of four floodlight receptacles at the eve line around the building - $110.00; increased electrical se=vice to ac- commodate future installation of outside lighting - $262.00; instal- lation of sliding doors in lieu of hinged wide gates - $120.00. Each Councilman stated that he had not been informed of this ex- penditure. Mr. Jurney asked at whose request this work was done, and Worthing said he felt that no one in the city Hall at this time could answer that question. Mr. Jurney asked if the Tennis Committee or architect could answer the question, and Mr. Worthing stated that he would investigate same, if it was the pleasure of the Council, and Mr. Jurney said he would like the answer. Mayor Avery asked if it was urgent that payment of this bill be approved tonight, and the City Manager said that it was not urgent, that the work had just recently been completed. Mayor Avery stated that the analysis of the whole setup that had been requested would include an analysis of this item, and it would seem premature to take any action on a request for more money at this time. Mr. Croft moved that action on this item be deferred for further clarification to the satisfaction of the Council, the motion being seconded by Mr. Jurney and unanimously carried. -16- 4-26-65 135 10.x. City Manager Worthing 9resented ORDINANCE NO. 19-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNIC- IPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (1225 South ocean Boulevard) ordinance No. 19-65 was unanimously placed on first reading on motion by Mr. Talbot and seconded by Mr. Croft. 10.a. City Manager Worthing informed the Council that the cost to the City for hosting the International Bowling Tournament's breakfast on Saturday, April 17th at the Mayfair Manor Hotel, many Latin-American countries being represented in attendance, was $99.00 for 66 break- fasts being served. Further, the money to- cover same should be trans~ ferred from the Contingency Account to Civic Betterment Account No. 910 174 490. City Manager Worthing then presented' Bills for Approval, as fo 1lows: General Fund $ 124,142.54 Water-Operating & Maintenance Fund '26,941.88 Special Assessment Fund 4,302.10 Refundable Deposits Fund 8,955,12 Beach Disaster Fund 64.00 Beautification Fund 86.08 The payment of bills and transfer of funds were unanimously approved on motion by Mr. Jurney and seconded by Mr. Talbot. The meeting adjourned at 10..55 P.Mo, by order of Mayor Avery~ R. D~ WORTHING City Clerk APPROVED: MAYOR ~ -17- 4-26-65 PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE PROPERTY CITY OWNER ADDRESS ~$SCRIPTION CODE 1. Theo. L., Jr. & Quarters 2933 Lot 53, Delray 15-3 & Helen H. Poole Ft. Eustis, Va. Beach ShOres 15- 2. Charles R. Risdo~ 233 Ridge Rd, W 50 feet of Lot 15-3 & Jr. G~osse Point Farms, 39 & E 25 feet of 15-4 Michigan Lot 40, Block 5, Seagate Extension 3. ~ary L. Plym Kawneer Co. W 75 feet of Lot 15-4 % Lawrence Plym Niles, Michigan 40, Block 5, SeagateExtension 4. Dorothy A. Newlan 697 Sunset Road East part of Lot 15-3 & BoyntonBeach, Fla. 11, Block 81 15-4 5. Moore - Hertz, P. 0. Box 1425 ~ of Lot 29, 15-3 & Inc. Delray Beach, Fla. less parcel in S.E. 15-~ corner - Section 20-~6-~3 6. Elizabeth M. · 9905 N.W. 10th Ave. Lot 11, Block 8 15-3 & Mitchell Miami 50, Fla. Del Ida Park 15- 4 7. Helen B. Stone 1020 Central Trust W 300 feet of LOt 15-3 & Tower 10 less N 10 feet 15-4 Cincinnati, 2, Ohio & less W 25 foot R/W, Block E ~ Palm Beach Shore Acres Violations 15-3 and 15-4 as concerns this report of above listed properties are as follows: ITEM 1. 15-3 - Storm damaged trees 15-4 Weeds 2. 15-3 - Storm damaged tree 15-4 - Undergrowth and Weeds 3. 15-4 - Weeds 4. 15-3 - Trash and debris 15-4 - Weeds, undergrowth and palmettos 5. 15-3 - Trash 15-4 Brush and Weeds 6. 15-3 - Trash and debris 15-4 - Undergrowth 7. 15-3 - Dead and broken limbs, Uprooted tree~ 15-4 - Undergrowth Submitted to the City Council by the City Manager on this 26th day of April, 1965. RESOLUTION NO. 11-65. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~-LRAY BEACH, FLORIDA, AUTHORIZING AND IN- STRUCTING THE FISCAL AGENTS TO PROCEED WITH THE ADDITIONAL FINANCING FOR SANITARY SEWER IMPROVEMENTS IN THE ESTLMAT~D AMOUNT OF $2,000,000 IN ACCORDANCE WITH A PROPOSAL BY SAID FISCAL AGENTS DATED APRIL 15, 1965. WHEREAS,. the City Council of the City of Delray Beach, Florida, deems it in the best interests of the citizens of tb£s City to enter into an agreement with B. J. V~n Ingen & Co~ and Goodbody & Co. employing said companies to act as fiscal agents for the City relative to additional financing for contemplated sanitary sewer im- provements in an estimated amount of T~o Million ($2,000,000) Dollars~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS POLLOWS: SECTION 1. B. J. Van Ingen & Co. and Goodbody & Co., as fiscal agents for this City, are hereby authorized and instructed to proceed with the additional financing of certain contemplated sani- tary sewer improvements in an estimated amount of $2,000,000. SECTION 2. The fiscal agents will pay all necessary expenses involved in bringing the bonds to market, including approv- ing attorneys' fee, printing of blank bonds, cost of signing and de- livery of same,preparation of the official offering prospectus, sub- mission to bond rating agencies, and al! bond validation costs, ex- cluding the fee of the City Attorney an~ Engineers. SECTION 3. The City wi1! pay the fiscal agents, upon the sale and delivery of the bonds, a fee equal to Four Dollars and Nine- ty ($4.90) Cents per one thousand dollar bond issued and sold, it being understood that the aforesaid fee is payable only if said bonds are sold and delivered. SECTION 4. The Mayor is hereby authorized to execute an agreement with said fiscal agents in accordance with this Resolution and the aforesaid proposal, dated April 1§, 1965. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 26th day of Apmil, 1965. /s/ AL. C. AVERY -' M~YOR ATTEST: ~-'" City Clerk i36-~ RESOt.UTION ~0. 12-65. A KF~OLUTION OF THE CITY COUNCIL OF THE OITY OF DEL~Y BEACH, FLORIDA, ASSF~SING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: ~ETTING OUT ACTUAL CO~TS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING ~HE 'COST OF SUCH ABATEMENT OF SAID 'NUISANCES, AND DECLARING SAID LEVY TO BE A LiEN ~mON SAID PaOPERTY IN AN AMOUNT A~ SHOWN BY REPORT OF THE CITY MRHAGER OF DELRAY BEACH, FLORIDA. ~FJ~EAS. the Cit_v aounoii of the City of Delray BeaCh, did~ in . regular e/~///~////////sessi'~n held on the .llth of..January, and 8th of_Feb~ma~. 1~6~ ., declare the-e~latence of a ~ui' sance upon certain Xc~s OF Pa~eels of land, described in a list sub- mitred to them, for violation of the provisions of Ox~Sinance G-i~?~ MHEI~EAS, pursuant to such deolaPation,' the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a ~ottoe describing the natuPe of the nuisance a~d that they must abate Said nuisance within thirty {30) days~ fai!in~ in which the City aotuxcil would have it done, and the cost thereof would be levied as an assessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon thel~ respective lands within the time prescribed in Said notice and O~dinanoe O-l~?, and the City of DelSey Beach was requi~ed to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as desmribed in'the aforesaid lists and WHEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-I~? and the City Charter submitted to the City Council a report of the costs 'incurred in abating the nuis~ee as aforesaid, said report indicating the costs per parcel of land involved, NOW, THEREFOI~, BE IT REsoLvED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ AS FOLLO~S~ 1. That assessments in the individual amounts aS shown by. the report of the City Manager of the City of Delray BOtch, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a copy of which is attached he~eto and made a pa~t hereof, are levied against, the parcels of land described on Said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the reePeoti~vo lots and paz~els of land described in said report, of the sa~e nature and to the same extent es the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions 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, reco~d a certified, copy of this resolution in the office of the Clerk of the Ci~uit Cou~t in and for Palm Beach county, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City~ Council of the City. of Delray Beach, did, on the llth of January and.Sth of.February, ~965 , order the abatement of 'a ~ert~ln'' ~UXaa~ce existing on theL~'' daSc~Xbed' property and property owner having failed to abate such nuisance, ~ithin the 30 day period, whereupon it was abated by the City 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 resolution Shall become effective 30 days from the data of adoption, end 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% per annum on any unpaid portion thereof. PASSED AND ADOPTED in ~ssssion on the 26th da~ of AC?il, :-i-: "~?~'~--1'~''~"~'- '"' /s/ AL. O. AVERY 136-D COST OF ABaTiNG,.,, .,NUISANCE. UNDER, ORDINANCE .N0.,G-,I~7. January 11t 196~ list~ PROPERTY DE~ORIPTION 0WNE~ ASSESSMENT Lot 23,.'B1~o~ ~I ' Josephine Maekie Pottier '$75.00 Lot 8, Block E, Palm Beach ' Dr. Frank P. Strickler $325.00 Shore Acres, less West 25 foot ~/W February 8~ !965 list. Unimproved portion of Lots Duncan' & Patricia Hunter $ 20.00 6 ar~7 and East 20 feet of Lot 8, Bellview Court Lots 8 & 9, Herman 8th Vince V. Canning, Jr. $ 20.00 Ave.. Addition Lot 13, Block 63 R.C. & Ivy M. Harwood $ 25.00 Lots 1~ & 15, Block 63 Harmy Albert & Genevieve $ 20.00 Taylor 136-E oRDINANCE NO. 9-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH CERTAIN LAND, NAMmLY LOTS 6, 7, 8 and 9, BLOCK 4, SOPHIA FREY LESS THE WEST PORTION THEREOF NOW LYING WITHIN THE CORPOPATE LIMITS OF THE CITY OF DELRAY BEACH, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLDDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, MADISON M. CASH and EVELYN M. CASH (his wife) are the fee simple owners of the 'property hereinafter described, and WHEREAS, MADISON M. CASH and EVELYN M. CASH (his wife}, by their petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and WHEREAS, ~he 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 ITORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS': SECTION 1. That the~City council of the City. of Delray Beach, Palm Beach~ county, FlOrida, hereby annexes to said City the following deSCribed tract'Of lahd located in palm Beach County, Florida, which lies .cOntiguous t° said City, .to,Wit: That tract of land, ~ namely Lots 6, 7, 8 and. 9, Block 4, SOphia FreY SubdiVision less the west portion thereof now lying within the CorpOrate limits o'f the City of Delray Beach, per Plat BOok 4, Page 37, PUblic Records of Palm Beach County, Florida. '' SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and said land. is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION_3-_ That the tract of land hereinabove described is hereby declared to be in Zoning DistriCt R-2, as defined 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,immUni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of ~DelraY Beach are now or may be, .and persons re- siding thereOn shall be deemed citizens of the City' of Delray Beach. .,SECTION 5. 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. PASSED in regular 'session On the second and final reading on the 26th day of April, 1965. /s/ AL. C. AVERY ATTEST: M A y O R city c erk First Reading . ' SeCond Readin~ April 26, 1965 ORDINANCE NO. 11-65. AN ORDI~NCE OF THE CITY COUNCI~ OF THE CITY OF DELRAY BEACh0 FLORIDA, REZONING AND PLACING PART-OP TROPIC ISLES TRADING CENTER, DEL~AY BEACH, FLORIDA_, IN "C-2 GENERAL COMMERCIAL DISTRICT", AND .AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA ~ 1960".. . BE IT ORDAINED B~ T~E~CJ, TJ&~.~~-O~. :~~ OF DELP~Y BEACH, FLORIDA~ ':- ' SECTION' 1. That t~,.~W~~Froperty in the City of Detray. Beach:, Florida,~'$S hereby rezoned, and placed in the "C-2: Genera~.~[CommerciaLJDistrict, as defined by Chapter the.'COdo.:'O iO :dina.ces City Beach, ~lorida, to~wit~. ~- That pa_~,t.of TROPIC ISLES ~T~.../U'ING ~ bound~(~, th,e: ~ut~ 1~~'~ ~ parcel of. land~ ehown~ o~:. said Plat bu~ not included therein~ ,on. the~ West by B19¢k~ 2 thereof: ( ~ on the No~thlb~Blocks 3 an~!~ there~f~ and on the East by:'~he westerly, right-of~way line of,. U. S. Highway No. 1~ pelray. Beach, Florida"~ '~eCord~g to Plat ~k: 25, Page 35, on file_~ in:/tbe.~fice of th~.!Clerk'of the Circuit~"~':'~::and fo~ Pa~?)~each Oo.nty. shall upon the e~e~ive:':~e o~ thi%~inance change the Zoning ~p of De~ra~ Beac~ florida, ~ conform wi~ the pro- /s/ R. D. W0RTHING City Cler~ .. First Reading Second Reading ¥68 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELPJ%Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND 'LOCATED IN SECTION 30, TOWNSHIP 46 .SOUTH, ~ANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY= REDEFINING THE BOURDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF' SAID LAND~ AND PROVIDIN~ FOR THE ZONING THEREOF. WHEREAS, JAMES J. RICHARDSON and JAMES J. RICHARDSON, JR., are the fee simple owners of the property hereinafter de- scribed, and - 'WHEREAS, JAMES J. RICHARDSON and JAMES J. RIC~tARDSON, JR., by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and - WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted t.o it by the State of Florida! NOW, THEREFORE, 'BE IT oRDAINED 'By THE CITY' COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS: s C ioN 1..' city. Coun=i' of the city of Delray Beach, Pal~ '~e'a~: 'COunty~.,~FlOrida, he~ebM, anpeXe# ~°)sa~id City the following described ~'act'~f lan~ lOjateS ~n ~aim Beach County, Florida, which lies contiguous to Sa'id. C'it¥, tO,wit: That tract of land in SectiOn 30, .Township 46 South, Range' ~3'East', Fhlm'Beach County, Florida, described as follows: The Southeast Quarter of the .~ortheast Ouarter of the' Northeast. Quarter of SeCtion 30, Town- ship 46 South, Range 43 East, lying South of Germantown Road and East of Seaboard Airline Railroad less right-of-way for proposed state Road No. 9, Palm.Beach County, Florida; Otherwise described as Tract 8 in' the NE~ of ModeI Land Company's Subdivision of Section 30, Township 46 South, Range 43 East. SECTION 2. That'the' bOundaries of the City of Delray Beach, Florida, are hereby 'redefined so as to inCIude therein 'the above described ~ract..of land, and.said l~nd is hereby.de- clared to..be .within ithe corporate limits .of the'City of,.Delray Beach, Flo£ida'. · :SE~TioN '3..That the trace of-'Iand 'here'inab0ve described is 'herebY: declared'' t~ be in ~2.~ni'~g District' Co'2,' as'.~efined .~y ex- istin : . . · 136-~ Page 2. ORDINANCE NO. 10-65 SECTION 4~ That the land hereinabove, described shall immediately become s~bject to all of the franchises, privileges, ~mmunities, 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. ~.~, That if any word, phrase, clause, sentence or part o~ this ordinance-shall be declared illegal by a court of competent jurisdiction, suCh reco~d of illegality shall in no way affect the remaining portion. PASSED in regular session on the second. and final read- ing on this the ~6th day of April, 1965.. /si AL. C. AVERY M~YOR ATTEST: /s/~. D. w0~a City Clerk First Reading April 12, 1965 Second Reading ADril 26. 1965 136-I ORDINANCE NO. 12-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BF~CH CERTAIN LAND, NAMELY LOT 15, LAKE IDA MANOR, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE. SAID LAND~ PROVIDING FOR THE :RIGHTS AND OBLIGATIONS OF SAID LAND= AND PROVIDING FOR THE ~.ON~NG THEREOF. WHEREAS, D. L. RAWLS and EATHERINE N. RA~S (his wife) are the fee simple owners of the property hereinafter described, and WHEREAS, said D. L. RAWLS and KATHERINE N. RAWLS (his wife), by their petition, have consented and give~ permission for the an- · 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 S~ate of Florida~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, 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 land, namely Lot 15, Lake Ida Manor, per Plat Book 23, page 138, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined 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, Drivileges, 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 5. 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. PASSED in regular session on the second and final reading on this the 26th day of April, 1965, /s/ c. ATTEST: ......... M A y O R /./R. D. First Reading . April 12, 1965 Second Reading April Z6., 1965 .~,~ 136-J ORDINANCE NO. 13-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CIT~ OF DELRAY B~ACH, FLORIDA, AMEND. 11~G SEC. 29-7.4, CHAPTER 2.9, COD~. OF ORDINANCES OF THIS CITY, ELIMINATING OPF-STR~T PARKING REQUIREMENTS WITHIN THE C-1 COMMERCIAL DISTRICTS OF THE CITY. ~fEREAS, heretofore there have been off-street parking requirements for the C-1 Commercial Districts of the City with the exception of the C-1 Commercial DiStrict fronting on Atlantic Avenue; an6 WHEREAS, the City. Council 6eems it in the best interests of the City to eliminate the off-street parking requirements with- in all C-1 Commercial Districts of the~City~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCZL OF THE CITY OF DELRAY BRACH, FLORIDA, AS FOLLOWS: .SEC. 29-7.4, Chapter 29, Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by striking the following provision: "Atlantic Avenue Exception The properties included within the C-1 Commercial District fronting on Atlantic Avenue are exclude~ from the off-street parking requirements herein ~efined." and adding a provision to read ss follows: "The properties included within the C-1 Commercial Districts are excluded from the off-street .parking requirements here- in define~." PASSED in regular session on the seconfl and final reading on the 10th day of May, 1965. /s/ AL. C. AVERY MAYOR ATTEST: , City clerk First Reading A~il la~ 196~ ,, Second Reading M~y.10. 196~ _ __