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10-11-65 dam~, a_~ · C~ ~a :00 p .- c~ o~ -- .',~ng Pra~.. ' uUrney, a.~ :-nn Roes l.a ~ --- wac delays_ _ "" ueorge A · ~'ne ~led -~ea by - / / _ ~ven. -~e to th- 2 e ~lag o~ the es, o- . meettn~ _, as a eom-- sag the ~__~qreased tk.u_cne ~e~e~=.~ ~ ~-~Uraeu ~each - '~ete un1- 'chants O~u~:'~ ~ounet2 ----cs Otv' __ a · we did ~--m o~ b you ha " ant · azed an= receive . _eautt~lea,. PPened ,.. any act... ~ kne~ con:t~ua_ ~' ~1 ...... , and ~ ~ei~uree have ~a~ evenlng~ no. ha~g~r, tonight, do ha, to Just listen ~ eont [hued '~::Y we a'tia~ttc ~ant .to Since the au r ~ ~ant ~_ _P e~ eo---- s ares. the -_, ua eonti:-.' .~ou ~Ole ~to~ . -)~ V/vie',- · ~o- ~Y e°~to ,,us to beau. !:, ~. ' ~ o~ ~ .... Organizationa ~each ~ ~ .~ · '~cors ~a~_ *aaa CI,,~ '- ' 4nO · aorta ~_ ~ co~me~- . ' ' ~' Zarence Stn-- ~S!ne~~' ~r~attO~a~,i ~, ._' ~' ~atao.. ~nam ~' ~Othea ~reezy Ridge ~atetea .,.~ - R. ~. ~ri-,~ go,cry ~a..~aael ~:_-~er and "~' John 8~r~ughe 10'11-65 278 5. There ~ere no public releases. 5.ac ~r.' Talbot reminded the Council that the Glace Engineering Corpo- ration had been requested to make a re-study of Section 1 of the Beach Rehabilitation Program, ~ue to the fact that there were several sea walls crumbling, and continued~ "We no. have this re-study which was authorized so that Glees Engineering Corporation could be assured, and we could be assured, that the specifications that they offered to habilitate Section I would still be effective." City Manager Gatchel then read said re-study, dated October 8, 1965, copy of which is attached to the official copy of these minutes, p. 286-H,I. Mr. Talbot then commented and moved as follows= "Following that re- port, we now know we are on sound ground regarding the Reach Rehabili- tation study covering Section ~. I would move you, Mr. Chairman, that the City Manager be instructed to make copies of this report, along with the copies of that part of the original beach report covering Section I, sending same to each owner of parcels of land in Section with the proper letter of transmittal explaining whatwe are prepared to do in the way of asslstingl that ~e have all the engineering~ how- ever, whatever the coat will he they will bear it, and. that we will have to have an answer by November first, because that is a deadline on letting the contract for the work to start next March 15, 1966. That is a motion." The motion was seconded by Mr. Croft and carried unanimeusly. 5.a. ViCe-Mayor Saunders invited Mrs. R. H. Brinker, President, and Mrs. Hazel Vaught, vice-President, of the Seacrest High School Band Boosters Club, to the Council table and read a PROCLAMATION, proclaim~ lng the week of October t4th through the 21st, 1965, to be SEACREST ~ANDW~EK, at which time the High School Band will sponsor a candy sale for the benefit of their hand uniform fund. Mrs. Brinker announced that the Seacrest High School band members wtll be calling at the homes in the DelrayBesch and Boynton Beach area in an effort to sell candy, and the proceeds will he used for the purpose of badly needed band uniforms! further, that the support of all residents in'saidaree will be appreciated. 6.a. Concerning a survey of parcels of land in violation of City nui- sance laws.presented by the City Manager, Mr. Talbot moved that Chapter 15 of the Code of Ordinances be complied with, the motion being second- ed by Mr. Croft and unanimously carried,'"(=oP~ attached). See page 286-D 6.b. Concerning requests for use of the Community Center, City Manager Gatchel reported to Council as follows: "The Marian SchoolAUXilia~Y requests the use of the Comm~nity Center auditorium from iti}~'m"~to'5=00 P,m.-'on Friday, ~"- October 29, 1965, for theii~,~'gP°seof ho!di~g'a csrdparty, proceedsfroa which are t~'~'8~gmeni other funds necessary in the aid to retarded childrenl and The First Church of Christ Scientist of Delray Beach requests the use of the Community Center's auditorium for Thursday evening, December 9th, for the purpose of holding a free public lecture~ and The Seedling ~arden Club requests the use of the Community Center's auditorium on Monday, February 14, 1966, for the.pur- Dose of holding a card party to raise funds enabling the Seed- ling Club to beautify an island on improved West Atlantic Avenue. The POli~e Benevolent AsSOciation recluests the uae of the COm~ munity Center's euditorium on Monday evening, November 1st, for its annual installation of officers and banquet. It is recommended that such requests he granted SUBJECT to the dates and usage of the Center not conflicting with the scheduled programs of the aecreation Department." 279 Mr. croft moved that said requests be granted, subject to there not being any conflict with the usage of the Center, the motion being seconded by Mr. Jurney and unanimously carried. 6.~. Concerning notice of intent to sell Tract One of the Delray Beach Country Club, City Manager Gatchel informed the Council as follows: "A notice has been received from the present owner of the Delray Beach Country Club, namely Mr. R.. W. McDowe11, indicating his inten- tion of selling. Tract One (original 18.hole golf course and clubhouse), comprising approximately 138.27 acres. Under the terms of the City's sale of Tract One to the Grimes Found- ation on March 21, 1958, the City of Delray Beach has the right of first refusal and a 30-day period from October 4, 1965, within which Council shall signify its intention relativ~ thereto. It 'is recommended that Council action on this matter be deferred until the next regular meeting, which is scheduled to be held on Thursday, October 28, .1965." ' Attorney Clinton Scott, representing Mr. McDowell the owner of said Country Club and Golf Course, requested that the Council evidence their intention this evening as to whether'or not the City desires to re- purchase Tract One of said golf course, in order that Mr. McDowell may proceed with the sale of the property. Mr. Wm. Koch a local realtor, representing Mr. Robert B. Harris, purchaser of said property, informed the Council that Mr. Harris also desires the City to waive their thirty day. notice tonight if they do not intend to repurchase' the ~olf course; further, that Mr. McDowell has already gone north and Mr. Harris would like to come down and start maintaining'thel golf ~0u~se in the way that he thinks it should be maintained ~hat it.may be a credit to the City, and also_in the con- dition the Chamber of Comme~ce .wants it .for a tournament. viceTMay0r Sau~ders. ~poSnted out that the only q~estion the council is c6ncerned wi,th tonight is. whether or not the City wants to exercise .their optiOn to repurchase the golf course; further, that his~ fee~ing in the.matter'is.that, th® City does Dot want toexe~cise 'tha't'0P~i~. During. c°m~enta~'Mr- Talbot referred to Section 10 of the OFF~ TO PURCHASE AND coNTRAc? FOR SALE, which 'is,. ,,pURcHAsER she1 optitqn to accept. SEL~L~...'S..~.n~al memberships for the. No~ember i, 1965 to, October 31, 1966 sea.son.'t and aake~ if' someth-ing, had b~enle~t Out o'f that section C0~c~rn~g~.r~und of mOney? .' .. Mr. Ko6h s'aid that =the F'l~rida ~01~ C~ub start their memberships the first of t. he Year and he' feels sure- that Mr. Harris wants all the memberships'.he can g. et. Mr. Talbot said. that. he is interested in whoever holds membership being protected, and' Vice_Mayor Ssunders said that the purc.haser is sub, eot to a dollar,s-year lease to the Radio Station~ six lifetime memberships and fifty nine :Charter memberships. Mr. Talbot asked.the City AttOrney to interpret Section i0, and city Attorney Adams replied: "Section 10 Just applies to any prepaid mem- berships from November l, 1965 to October of 1966, and the way it is phrased the purchaser has the option to accept the sellers annual mem- berships, but the .rest of the contract does recognize the charter mem- berships.!' Mr. Talbot asked again= "The purchaser has the option, and if he does not care to accept those who have purchased memberships, does he ref~nd...the m~Oney?,, to which City Attorney Adams replied that he would have to feCUnd the money. Attorney Scott informed the Council that there had on'ly been t~ree checks 9eceived for annual membership dues. Mr. Crof.t~sked the City Attorney if there is anything in the Origi- nal agreement binding the City to waiting the thirty day per/od'.of time on .the' £irSt. refusal, and CttyAttorneyAdam.e said the 'CounCil could wait thirty days or could Waive the speech' at this time, and'cautiOned that the 'ms,ion should beworded so that it pertained only to the pend- in~ sale; .... Mr. Na~ Sharp said that he had been informed that the purchaser of the-golf c~Urse would not recognize any annual dues memberships, -3- 10-11-65 980 and that after November first it would be a public fee course. Mr. Joseph K. CoStello asked if the new purchaser has the right to condemn, the membership that he purchased two years ago, and the City AttOrney said that the purchaser recop~izes those memberships in the contract. Mr. Coste110 asked if the new purchaser could discontinue the annQ- al memberships and place it on the basis of a public golf course, and the City Attorney said that'would be a business decision of the new owner, and the City has no control over that-~ Mr. Hugh Vogl said that he wondered if the City could talk to a representative of Mr. Harris and impress upon him the veY¥ impOrtant question of there being annual memberships at a reasonable fee. Mr. Arthur Jo Michael sa~d he did not think it would be practical for the City to repurchase the golf course. Following lengthy discussion and ~omments, Mr. Talbot moved as follows= "I move you to the effect that the City waive the right of first refusal to the purchase of Tract I of the. Delray Beach GoIf Course in the pending sale from R. W. McDowell to Plorida G~lf ClUb, Inc., all contracts and transactiOns being approved, by the City Attor- ney." Mr. Jurney asked if there is any way that the City could include tracts II and III in said r~ght of first refusal for any future trans- actions? City Attorney Adams said that those 'tracts were never a part of the original.c£ty~olf Course, and unless the new owners would voluntarily give the City the right off~rst refusal on those parcels they could not be included, but he believed that should be taken care of in an- other motion. The motion to waive the right of first refusal was Seconded by Mr. Croft and unanimously carried. Mr. Jurney then moved as follows: "I move you that Tracts II and III be included in this motion as to any future potential purchase by the City as a ~first refusal of Tracts Ii and City Attorney Adams commented as follows: "Just to clarify that, would you just instruct the City Manager to contact them to see if he can Obtain such an agreement from them." Attorney Clinton Scott said that he wouId like to cIarify what Tracts II and III are and continued: "It's nothing the City would be interested in. Tract II are the lots in ~olfview Estates, some of which are built upon, sold to private owner=', and there are some vacant lots. Tract III is a piece of land that it is very problematical whether it will continue to be a golf course. It doesn't get much play, and it is quite an expensive thing to maintain. Tract cludes three tracts of land which surround the golf course which have nothing to do with the golf course." Mr. Jurney said he is interested in Tract III containing the nine hole golf course remaining as such, and Attorney Scott pointed out that Tract III had been the blunt of e terrific tax assessment, both by the City and the County, because it isn't subject to the City's right of first refusal. Vice-Mayor Saunders said it is his understanding that this motion directs the City Manager to co~tact Mr. Harris or his representative to see if tracts II and III can be included in the right of f~rst re- fusal to the City. City Attorney Adams suggested that~y Tract III be considered in that Fequeet, e~d Mr. Jurney said that,s would chan~e his motion to only Cover TraCt iii. 'The motion was seconde~ by Mr. Croft and carried unanimouslyl 6.d. City Manager GatcheI reminded ~he Council that during budget sessions they had tentatively approved some add£tions relative to the Murphy Constru=t~n Company's contract for sea wall installation at the City Park, and continued as f°lloWS: "~have a completed list of these no~, according to the fina! billing, all of them which you have dis- cussed in part ip~eviouslY, and I wou~ like"to request Council approval 10-I1-65 281 as a matter of recor~ at .this time.. The total does differ somewhat from the material that was forwarded to:you with your agenda, and the amounts and i~ems are. as fo~lows~ 12 aluminum ladders $580.00 Pi~ing, 5. at $144.00 each $720.00 Boat Cleats, 21 at.$15.00 each $3!5.00 There are a couple of other items that I request your consideration on so that we can get the fine! approval on this entire installation. The sea wall is 19 feet longer than the contract was originally let for. At $33.8.0 per foot, the total is $642.20. There was a deletion of 10 feet of sidewalk at the north end.. Thirty-one lineal feet at $4.50 per foot or a deletion of $139.50. The net change as requested is $2,117.70; That is the total of everything on the sea wall." Mr. Talbot explained that these items had been considered previous- ly, but in order to get the pro,out underway, it was .thought that these small details could be h~ndled at a later time. Mr. Croft moved that said request be.approved, the motion being seconded by Mr. Jurney and unanimously carried. City Manager Gatchel continued: "Your agenda further states that there will be a supplemental request for approval of 'additional items relating to the Capital Improvement in the Park, namely, steps and railing from Atlantic Avenue, fill, sprinkler system, sod, etc., and at our workshop session last week Council did ask that we have some plans and drawings.prepared. These drawings.were, just.prep~Fe0 as of today, and .! ~ubmit-,them .fo='.iyour'uons~dp~atiOn..What'thp-~inal.job willam°unt~toin dolia~"6o~'iS es%imate~ as"folloWs:"':The Sod re- quiremen&& w!l~'~amoUnt ~ '$~;~80.00, for the...area which you see neces- sary by thefllling between the wall and a~P~ox£mately to the center of the~park... ~e have hauled this ~ill in from ~our Sanitary Land area. The muck that needs .to go on this f~led area prio~ sodding is es~t~ate~ 't~.'b® a~.a cost .~f,$2,290.00.. ~With all of this sod going.'in~ .I fee~ tha$ ~u would prefer considering a spr%nkleF system being installed at this time so that we 'can t~ke.,¢are ;of. grassed area withoutlhend watering :being necessary, iA,,sprinklcrsys- tom is eSti~ated to cOSt $1,850.00. That covers thewh~le park wit~_~ the exception of where the building and new bowiing facilities and shuffleboard facilities aec contemplated to .be placed. This'is de- signed around the new capital improvement program you are thinking of for installat~ in the Park." city Manager ~atchel and City Engineer Fleming explained the draw- ings that had bepn.prepared showing design and size of steps, riprap, etc. During ins~cti0n of the drawings, and discussion, Mr. Talbot sug- gested some type of ground cover be used in some areas rather than sod, as it wou!~ be less expensive to maintain, and Vice-Mayor Saunders sugges~edsome of the epd4ing be left ~until after the capital improve- ment installation.ofbuildi~gs. City Manager ~tchel explained further: "We do need to hastenalong with getting the sprinkler system'in, the muck and sod placed and get started on. the cpnstructionof~the steps, rails and~riprap. These total figures which I'have given you for the sod, muck, sprinklers,, steps, rails and Niprap total $7,271.00, and it-is recommended for your consideration.tonig~9 .that such an expenditure be authorized, · with funds tO.come from.the capital Improvement Trust Fu~d from whence the installationof the sea wall and all of the improvementsi~own there have come. The cost of the sea wall as contracted to Murphy Construc- tion ComPany was$26,946.70 ~.d to this iS~added the $7,27i.00 which makes the cost a little 9vet $34,000.00. This includes everything. By your previous adti~ you approved the $26,946.70 to~al'bill'°f Murphy. C0nstruu~ionC0mpany." Mr. Croft moved that the City M~nager be authorized to.proCped, with funds to come from the. Capital Improvement Trust Fundl The_motion was seconded"byMr. Jumpy and unanimously carried. Mr. Talbot-rePOrted.that the lineal cost of the sea wall in the Park, complete wi~h everything, .!s.$52.75Per foot. 282 6.e. City Manager Gatc~el~ informed the council that the Retirement committee for the City's Pension Fund requests the sppoint~ent of a '~. member to said co~mittee~ fuLl, let, that At may be the pleasure of Council to declare Mr. Woodard's previous appointment ~o said com- mittee terminated and request the ge~eral employees of the City to submit a recommended replacement for that vacancy, from among their midst, for council considera~ion~. Vice-Mayor Saunders asked if the Council desires that the' City Manager bring a recommendation to them for consideration of an ap- p~intment to said~ Retirement Co~mittee. It was so moved by Mr. Talbot, seconded by Mr. Croft and unanimously carried. 7.a. City Clerk Worthing informed the Council that s petition has been received for rezoning of Lots 25 through 32 inclusive, less Lot 30, Block 12, Dell Park,'from R-2 (One and Two Family Dwelling District) to R-3 (Multiple Family Dwelling District) with an apprOVed conditional use of said land for a medical clinic. Further, that COUnCil maydeny this petition or refer same to the Planning/Zoning Board for Public hearing to be held thereon, and that complete plans for proposed con- struction on this tract of landwill be svailable for the Planning Board's public hearing and for Council consideration. Mr. croft moved thatthia item be referred to the Planning/~oning Board for public hearing ~hereon, the motion being seconded byMr. Jurney and unanimously'carried. 7.b. City Clerk Worthinginfo~med the council that a petition has been received from Sherwood Park Developers, Inc.]' requesting the Council to consider a joint effort with the county for improvement of that part of South 10th Street lying between the F.E.C. and S.AoL. Railroad rights-of-way, per letter received, and ~hat it is suggested this matter be referred to the City Manager for study, consu~tation' with Palm BeachCountY Commission and recommendatiOn thereon. It was pointed out that a Portion of SOuth 10th S~reet does not lie within the Delray Beach City Mr. Croft moved that this ite~ be referred to the City Manager, for conference w~th the County Com~ssion, end recommendation~ The motion was seconde~ by Mr. Jurney and carried unanimouSly~ 7.c. City Clerk Worthing informed the Council that Sherwood Park Developers, Inc. request the City to furnish water, at no cost to the developer, for maintaining landscaped areas lying within public right- of-way, namely Lowson Boulevard0 which areas have been supplied with sprinkling systems by the developers, one area being at the intersec- tion of Lowson Boulevard and M~litary TraiI, the other-area being at the intersection of Lowson BouIevard and Dover ROad. Further, that in- asmuch as the City furnishes water ~or maintenance of'manY similar lands, it is recommended that this request b~granted, and refund of $15.00 deposit ~or each of the two presently installed ~eters be au- thor/zed. During discussion, it was pointed out that the City is only being asked to furnish the water for these landscaped areas, and not the maintenance of same. City Manager Gatchel informed the CounCil that there is money budg- eted for ~S type of expenditure, but there may need to be a transfer Of..~unds ~o that account frO~ the contingency Account at the end M~.~mft moved that said reqUest be granted, the motion being sec~by Mr. Jurney and unanimously carried. 7.d. The Counc!! was informed that the Palm Beach County Commission requests-the use of the Co~munity Center on Tuesday, November 2nd, for the p~ose of serving its Precinct No. 1TS in connection with its school trustee and millage election, to be held on that date, and that it is recommended such reqUest be granted sub,eot to there being no previous commitment for the Center's use on ~&t date. It was pointed out that in their letter of request, they agreed that janitor service would be provided to clean up after the election. Mr. Talbot moved that said request be granted, subject to the ap- proval of Mr. ElliOtt. The motion was seconded by Mr. Jurney and carried unanSmously. 7.e. Concerning ~ reques~ for extension of ~onditional zoning, City Cler~ Worthing informed ~he Coun~l as follows: "On July. 22,. 1963, council adopted Ordinance No. G-491, pr~viding for reclassification of that part ~f the West % of Lot 19, Section 8-46-43, lying south of the existing right-of?wa~ of hake Ida Road except the South 150 feet thereof. This zoning change, by ~ouncil, was based upon and subject to an agreement, dated ~une 21, ~963, between the City of Delray Beach and Lake Ida Development Corporation, which, in part, agreed - 'That if no d~velopment is commenced by, on or before S~ptember ~, 1965, upon the aforedescr~be~ premises, said parcel shall automatically reyert to R-1AA zoning without further action on the 9art of the City, an~ this agreement shall be null and void'. Said Lake ida Development '~orporation, under date of October 1965, requests an extension of this agreement for one year, t~ expire September 1, 196~ if said lar~ is then undeveloped. Believing any development of said lands by Lake Ida Development Corporation would benefit the general arsa due to said Curporation ~w~ing the R-1AAA $o~e~ subdivision,Lake Ida Shores, to the north and northeast of said lends, it iS recommenOed that the request be granted." City Attorney Adams reminded, the Council that they reserved the right to approve a~y plans of development of said property, and Mr. Vogl of the Lake Ida Development Corporation said that ~a, his u~der- standing also~ further,-that it is his intention tO build a boat storage warehouse f~r wholesale distribution, and that he feels such development will be an asset to the City. It was pointed out that said Ordinance No. G-491 had been passed by the Council with the approval of the Planning Mr. Croft moved that said request be granted, the motion being seconde~ by Mr. Jurney and ~.unanimously carried. 8.a. ~ity Cl~rk Worth~ng presented ORDI/~NCE NO..~-65, as amended. AN ORDINANCE 0F THE ~TY OF DE~RAY BEACH, FLORIDA, RELATING TO JUNK YARDS, SETTING FORTH DEFINITIONS AND RESTRICTIONS AS TO LOCATION AND AREA~ J~NK YARDS TO BE OBSCURED BY MEANS OF FENCES, PENALTY PROVISIONS, SAVINGS CLAUSE, EFFECTIVE DATE, AND FOR OTHER PURPOSES. (Copy of Ordinance No. 33-65 is attached to the official copy of these minutes. ) See page 286-A & There b~in~ no objection to Ordinance. No. ~3-65, said Ordinance was unanimously passed and adopted in its amended form on this fins! read- ing, on motion by Mr. Croft &~d seconded by Mr. Talbot. 8.b. Cit~-~erk w0rthing presented O.~DINANCE NO. 34~65. AN O~DXN~NCE OF TH~ CITY COUNCIL OF THE CiTY OF DELRA~ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH C~RTAIE LAND LOCATED IN SECTION TOWNSHIP 46 SO~TH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING M~H~ICIPAL LIMITS OF SAID CITY; REDEFINING THE BO~RDARIES OF SAID CITY TO INCLUDE SALD ~.AND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID L~ND~ AND PROVIDING F0a THE ZONING THEREOF. (605 N. W. ?th S~reet) (Copy o~ Ordinance No. 34-6~ is attach~ to the official copy of these minutes.) See pa~e 284 ~he~ebeing no objection to Ordinance No. 34-65, said Ordinance unanimous~y passed and adopted on this seCOnd and final reading, on motion by Mr. Talbot and seconded by Mr, 9.a. City Clerk Worthing presented a detailedreport from the Plannlng/ Zoning Board of recommended amendments to %he Zoning Code as a result of Planning/Zoning Board meetings held on September 2~st a~d 28th, and stated that if it is the pleasure of Council to sustain the recommend- ation'of the Planning/Zoning Board, an ordinancewill be prepared re- flecting such amendments and submitted to Council for consideration at the next regular meeting. (Copy of said rePOrt isattached to the official copy of these minutes) Bee pages 286'E ,286-F,&- ' During discussion, Mr. Talbot suggested a workshop meeting with the Planning Board on these proposed ordinance amendments, and Vice-Mayor Saunders reminded the Council that a workshop meeting has already been requested with said PlanningBoard on other matters, and this item may be included. Mx. Rs1ph Hughson, Zoning Director, extended the Council an invi- tation to attend a Planning BOard meeting st 2:00 P.M., Thursday, October 14th. Further, that Mx. George Simons, Jr. will be present, supposedly with his report that he has been engaged to prepare, also the County Planners wi11'be present to expound on the. detailed survey they have made of the entire County so far as roads, population, etc. vice-Mayor Saunders said if there is nc objection, this item should be referred to the City Manager for a workshop meeting to be scheduled with the Planning/ZOning Board lnthe near future. The Councilmen were agreeable to that procedure. 10.x. Mr. Jurney informed the Council that he had observed many. junk automobiles throughout the City, also old ice boxes, etc,, and asked what is being done to eliminate these nuisances. Further, that an ordinance had been passed several months ago concerning the diSposi- tion of junk autOmobiles. During discussion, City AttOrney Adams said ~hat probably some money could be appropriated to get rid of the cars that are on the City rights- of-way, and that where they exist' on private property it could be ta~ken care of on an assessment basis. The City Attorney then suggested that this item be referred to the City Manager for him to itemize a crash program to attempt to get rid/of these junk cars and~ report back to Council as soon as..possible. Mr. Wm. Koch informed the COuncil that several months ago the County had zoned some property for the USe of disposing of junk cars, and suggested that the C~ty Manager contact Mx..Bernard A. Munsey of the County Zoning lO.x. Concerning a proposed ordinance on sea wall maintenance. Mx. Jurney asked if the City Attorney had any information concerning same. City Attorney Adams reported that a't the last meeting he had said be would send out copies of sample ordinances for CoB~cil study, but .o~ account of the volume of material, the Council desired ~im to pick out portions and draft a proposed ordinance, which he would do as soon as possible. Mx. Jurney said that he had quits a brief on canals and sea walls that he would like to present ~o the CityManager, and that copies of same be made and mailed to each of the Councilmen ~or their review. City Manager Gatchel informed the Council that 'this matter would be worked on in the very neat future. I0.x. Mx. Talbot said that he would like for the City Manager to be requested to ask Police Chief Croft to cooperate in the use of the Police Boat with Ralph Hughson and the County Sanitarian, as it appears theft is some property emptying into the canal without same going thrOUgh a drain field. 285 10.x. Mr. Talbot asked if it would b~:.,in order to ask for a schedule of the completion'of the beach rehabilitation program resulting 'from the damages of Hurricane Betsy. City Manager Gatchel reported that that work is rapidly nearing completion. That. all of the fill they had been able to selvage is in place: the schedule this week calls for a completion of the planting of palm trees: the sprinkler system is presentl~being installed: and there is a schedule underway this week for re-sodding t~e' eroded ares. Further, that the restoration of the pavilions is practically complet- ed, and there has been extensive'repair to the large pavilion st the end of Atlantic Avenue, but there~is no need for new awnings for the pavilions this year. As to the chairs at the main pavilion, the City Manager reported that plans are underway to move some of the chairs from the municipal pool over to the pavilion area, the pool chairs to be replaced bY a more economical and serviceable aluminum stack chair. The City Manager reported that the lifeguard stands are being fabri- cated now and plans are made for putting them on cement foundations with the aluminum stands bolted to them for easy removal in the event of another hurricane. Further, that the telephone system is being re- placednow to the ~arious lifeguard stands, and all said stands are being replaced with the exception of the one at the very north end of the beach, which has never been manned. The City Manager also reported"that the work on the steps had not begun at this time as the maintenance personnel had been kept busy on the chairs for the pavilion, but that would be started soon,, and that everything at the Beach, exclusive of the steps, should be completed by November first. 10.x. Mr. Jurney said that several months ago a Committee had been formed to make a study of the cabana locations and operation on the beach, and that Mr.' D. G. Campbell, Mr. Louis Tenerelli, Mr. Talbot and himself had formed that Committee. That they had made a trip to the beach, but at that time the two people holding the cabal8 con- cession licenses were not in town and it had been decided to have a meeting concerning same at a later date. City Manager Gatchel~informed the Council that those holding, the beach concession licenses are still out of town but are expected back anytime, and that he had a letter from another concessionaire who had never operated on the Delray beach. F~rther, that a meeting is- planned as soon as the two concessionaires return to town. Mr. Jurney suggested that bids go out on these concessions, as he feels they have been operating here for a small amount of revenue to the City. The City Manager reported that there are applications for an op~ portunity to bid and they are being held pending the return to the City of the concessionaires. .That same has not been advertised, but any action on the applications has been deferred until the Committee can meet and offer recommendations for Council consideration. It was suggested that a workshop meeting be held on this item, and vice-Mayor Saunders asked the City Manager to write to the bwo people holding concession licenses and set up a meeting with said study Com- mittee sometime during the week of November first through the sixth, in order that recommendations may be made to Council at their regular meeting on November 8th. It was reported that the people holding said concession licenses had done a good job and had sold Delray Beach to the pe0ple that use the beach. 10.x. City Clerk Worthing reported to Council as follows= "Due to the element of time alleged to be very important in s proposed improvement of land, there w~s delivered at the City Hall this evenin~ a petition for annexation.of certain lands in Del Raton Park, namely Block 16, containing 44 Lots~ also Lots I through 10, Block ~, comprising ap- proxim~tely 4.2$.aCree~ -9- 10-11-65 "~his petition is suBe~ttted subject ~o certain zonin~ ~n~,~her con- di~ons, and it ~s re~nd~ that s~ ~ refe~ed ~'the Plannin~ Board ~or rev~ and re~endatto~ ~ ~unc~l hoc later than denomination of Council, ~here a~e very a~ple~ and elaborate plans for ~e ~tentfal develo~ent of this ~ae~ o~ land. ~e tract of land lies helen ~u~ Federal an~ Dixie High~ys." ~. ~oft ~ved ~at ~is be referre~ to ~e P[a~ing/zon~g for ~eir study and re~endation. ~e motion was seconded by ~. Taler and carried ~animouslM. 10.a, City Clerk ~r~ing presen~d the foll~ing Bille For Approval: ~neral Fund $ 81,190.~6 ~neral Fun~ - Sinking F~d 3,145.41 ~ter Operatin~ ~ Main~nance F~d ~,186.21 ~ter Revenue Fun~ 3~, 488.6~ ImProve~nt ~nd S, 100.22 ~e bills ~re unanimously ordered paid, on motion by ~. Juicy and seconded ~ ~. ~of~. 10.x. City Manag~ Gatchel ~formed ~e ~uncil that ~. Stanley ~11ey, V/ce President of Glace E~gineering Corporation, has a bill to ~e city, and continu~ as foll~s: "~is bill ia a partial billing for ~rk which Council au~oriz~ the ~lace Engineering potation to per,om on ~e survey a~d aerial photograph project in- volved with 2he beach Se~ack line. Due to the press of other busi- ness wi~ ~lace Engineering Co=potation, the ~uncil has not ~orough- ly considered 2his se~ack line, buy I would like to rec~end for yo~ consideration ~at this ~tial billing for $500.00 Be au~orized to ~la~ Eng~neering Co~oration ~tA1 such time as Council can ~n- sider it and final billing ~ consider~ at that tame." ~. Taler ~d ~a2~ ~e r%~o~en~atiOn of the City Manager be accepted. ~e ~tion was se~nded by ~. Croat.and unanimously carried. 10.x. City ~naqer Gatchel rem~nded ~e ~uncil of an 8:00 P.M. meet- ing Wednesday, OCto~r ~3~, In the ~nference Room wi~ the Co~mittee on the Adult Rec~eation Building, rela~ve-to the construction ~aterials. 10.x. ~e Ci~y ~nage~ reminded Council that the next re~lar ~uncil meeting ~uld be held ~ ~to~=. 28th, ~nsYea~ of ~e 2~th, and that the A~ual Conference of the Florida ~a~e of Municip~lities ~uld be held in Miami on Octobe= 24~, 2~th and X. Vice-~= ~aunde=s said that ~is is the first Co~c!l meeting he has conducted since 1951, and thst he aDpreciates all the ~ooperation he has receive. ~e meetAng adjured at 9:40 City Clerk APPROVED: /S/ J. L. Saunders -IO- 10-11-65 286-A Oi~DI/iANCE NO. 33-65. AN ORDINANCE OF ~ CITY O~ D~Y B~CH, ~T~ ~ J~ ~S, SE~NG ~RTH' DEF~TIONS A~ RES~I~IONS AS ~ ~TION A~ AR~; ~UIR- I~ ~ ~S ~ BE OBS~ BY ~NS OF FENCES, PH~L~ PRO~SIONS, SAVI~S ~USE, EFPS~I~ a~ ~oa ~ p~osss. ~S, it is recognize~ that Junk ~rds and auto~bile grave~r~s are presently or may be in the future l~ate~ or operatefl within the municipal limits of the Cl~ OP DE~Y ~, P~R~, such a maker, as to create p~li; nuisances anti ~ereby a~versely al- .fact the he6l~, safety, mo=ala and ~lfare of the i~abitants of the sai~ City; and ~S, it is deemed essential by ~e City Council of munici~lity that reasonable regulatory requirements be establishe~ in conneutton with ~e establishment and operation of such facilities order to minimize the adverse effect of sa~ to ~e orderly develop- ~nt an~ asthetic values of the co~unity, as ~11 as ~or the protec- tion o~ ~e 9eneral ~ltare ot the public, now ~ere~ore BE IT O~I~ BY T~ CITY CO~CIL OF T~ CITY OP DE~Y B~CH. PL~Z~ = SE~ION 1. ~initions: Pot the purposes of ~is Chapter, the following shall apply:~ (~) "Junk" shall ~an old or scrap cop~r, brass, rope, rags, batteries, pa~r, lurer;' trash, t~r, ~ebris. odd, nfs, waste~ents, litter, leavings, ruins, castoffs, r~age, waste, or Junke~, dis;anti- ed or ~reck~ 'automobiles, or ~r~s ther~f, iron, steel and other old scrap ferrous or non-ferrous material. (2) "Automobile grave~ra" aha11 mean an establishment place of business whi~ is maintained or Operated for ~e use o~ stor- ing, keeping, buying or selling ~ecke~, surap~d, ruined, or 6iSmantl- ed motor vehicles or ~oto= vehicle ~rts. (3) 'Junkyara" shall ~an an establish~nt or Dlace of busi- ness ~iuh is maintaine~ or o~rate~ for the use of ,storing, buying or selling suuh ~unk, or for the ~aintenance or o~ratton of an automobile graveyard. (4) "City Co~cil" shall mean City Council of the City of Delray Beach, Plori~a. SE~I~N- 2. Restrictions u~n new junk yar~e or aut~bile graveyards. It shal~ ~ unlawful ~or any person, fi~ or co;Doretion to hereafter establish or maintain an automobile grave~r~ or Junk yard as herein~ve ~efined wi~out first obtaining a s~cial per~i~ ~ere- for fr~ the City Council. In connection ~ith the issuance of 'such permits the following requirements sh~ll be applicable= (a) Area - ~e ~ini~u~ area of land to be used shall not be less then,. 40,000 s~are feet an~ the ~xim~ area of land so used shall not exceed 200,000 s~are (b) ScTeening of pre~ises; erection, maintenance - The area to be occupiefl by the ju~ yard s~ll be entirely surrounded by a sub- stantial, continuous soli~ fence or ~11 at least eight (8} feet height. Such fence or ~11 shall ~ of similar composition, ~nstruc- tion, and color ~roughout an~ shall ~ constructed wi~out openings except for one entrant, and one exit, suuh entrance and exit to be ~ipped wi~ solid gates. Such gates shall be closed and securely 286-B Page 2. ORDINANCE NO. 33-65. locked at all times, except during business hours. Plans for such fence or wall shall be submitted to the CityCouncil who shall deter- mine whether or not,%he proposed fence will meet the requirements of this chapter. NO building permitshall be issued for the construction of such fence o= wall until the approval of the City C~uncilhas been secured. Such fence shall be. maintained in go~d order and aha11 not be allowed to deteriorate. (c) Applica~ions for issuance of special permits provided for hereinabove shall bemade upon forms to be prescribe~ by the City Clerk, S~CTION 3. RestriCtions upon existing junk yards or autom0bile graveysrd~ ._ since it is the intent 6f this chapter t° minimize the ex- tension of nonconforming uses and to l~ok to their possible eventual elimination, any ~ttnk yard or automobile graveyard existing and oper- ating as a ~onconforming use in any district on the effective date of this ordinance shall be allowed to continue its operations st~bJect to the foll0wing provisions, and all other applicable*prOViSiOnS Of the City Code and City Charter, to~wit~ (a) Area - Th~'actual a~ea use~ for the operation of such junk yards or automobile ~raveyard as of this date, shall not be creased at any ~imeor under any Circumstances. (b) Bu~ldings- No additional permanent buildings shall be erected and no presently existing permanent buildings shall be struc- turally altered to increase their bulk or square footage area. (c) Screening of premises~ erection, Maintenan~e - Within ninety days a~ter the effective date of this o~dinance, th® area occu- pied by the junk yard shall be ~ntir~ly ~urrounde~ by a substantial, continuous solid fence or wall at least ~ight (8) feet ~ height. The fence shall meet the requirements of Section ~ above and the pro=edure there outlined f~r approval of the plans for such fence she1! be fol- lowed. It is the intent of this..chapter that the time period allow- ed for the erection of the fence is reasonable and that the requirement of such fence is necessary to accom~l~s~ the purposes of this ordinance= and further that ~ny's~h. fence shall enclose the sa~d lot or junk yard from public view, therefore, it she1! be unlawful for any person, firm, or corporation operating such an establishment to keep or pile any wrecked automobiles or parts or junk ~t a height exceeding eight (8) feet. SECTION 4. Separability. Each of the provisions of this ordinance are separable, in- cluding word, clause, phrase, or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall re~ain in full force and effect. SE.CT~pN 5. Repealing Provisions. All ordi~ances or parts of ordinances ~n conflict herewith are hereby repealed ~ECT~ION ~. Penalty Provisions. Any person, firm or corporation convicted or violating the provisions of this ordinance, shal~ upon conv~ction thereof be punish- ed in accordance with Section 1~6, Code of Ordinances of. this City. ~ECTI~N .~. Effective Date. This ordinance she1! become effective in the manner and at the time provided by the charter and Ordinances of the City of D~lray Beach, Florida. PASSED in regular session on the second and final reading on this the day of ATTEST: '~'ty~Clerk ........... FirSt reading.....~ep%embe? 13. 1965 Second Reading 286-C ORDINANCE NO. 34-65. AN ORDINANC~ OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXI1%N~ TO THE CITY OF DELRAY BEACH CERTAIN LAND'LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS-OF SAID CITY~ REDEPLN~NG THE BOUNDARIES OF SAID CITY TO II~CLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND! AND PROVIDING FOR TH~ ZONING THEREOF. (605 N. W. ?th Street) WHEREAS, H. E. LEWIS and WILMA LEWIS (his wife) are the fee simple owners of the property hereinafter described, and WHEREAS, H. E. LEWIS and WILMA LEWIS (his wife), by their petition, have~ consented and given permission for the annexation of said property by the City of Delray Beach, and %~IERE~S, the City of Delray Beach has heretofore been author- ized to annex lands in accordance with Section 185.1 of the City Char- ter of said :City granted to it by the state of Florida~ NOW, THEREFORE, BE IT ORDAINED 'BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: _SEC?ION i~, 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 t°~said City, to-wit: That tract of land in Section 8, Township 46 South, Range 43 East, Palm BeaCh County, Florida, described as follows: The East 70 feet of the West 234 feet of the North 135 feet of the East half of the Southwest quarter of Lot 3, Section 8, Township 46~ South, Range 43 East, Palm Beach County, Florida. SECTION ~. That the boundaries of the City of Delray Beech, 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 ~o be in Zoning District R-1AA as defined by existing ordinances of the City of Delray Beach, Florida. ~.ECTION 4. That the lands hereinabove described shall immedi- ately become subject'to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing there- on shall be deemed citizens of the City of Delray Beach. SECTI0.N.u~. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent Jurisdiction, such reco~ of ill..egality shall in no way' affect the maining portion. PASSED in regular session on the second and final reading on the day of ATTEST: M A Y O R City Clerk 286-D PROPERTIES IN VIOLATION OF' 0RDINA~CE NO. G-I~7 AND SECTION~ 15-3 & 15-4 OF THE CITY CODE PROPERTY CITY OWNER ,ADDRESs ,DESC RIPTI,0N _Cg~DE 1. Gerald R. St&lay 3020 Church Hill Dr. Overgrown.part .Of 15-3 & Nolan E. Boynton Beach, Fla. Lot 10, Block 99 15-4 Williams 2. William J., Jr., 225 N. E. 16th St. Overgrown part of 15-3 & Mary Ellen Delray Beach, Fla. Lots 16 & l?,Block 15-4 Ballough 10, Dell Park Louise Callaway Delray Beach, Fla. W 135 ft., less. N .15-4 45 ft. of E 13~ less N 50 ft. of S 185 ft. of E 135 ft. & less E 165 ft. of ~ 135 ft, 4. =o~n ~.,Jr., m P. 0. Box 2565 S92.?0 ft. Joan Kabler Delray Beach, Fla. of $~ of ~ of 15-4 SW~, of ~ less ~6~.?o ft. of w 145 ft. thereof & less County Rd. R/? ~ &,less S 25 ft. R/W & less .W 50 ft. of E 65 ft. thereof, Section 5- Cason Memorial P'. O. Box 579 N} less Methodist ChUrch, Delray Beach, Fla. & less N 10 ft. 15-4 Inc. R/W, Block 57 6. Ruth E. Kannel 1405 Vermont Ave. Overgrown part of 15-4 Fort Wayne 3, LO~ 15, Block 64 Ind i an& ' 7. Great Valley P.O. Box 351 I~t 17, Block 106 15-3 Corporation Salamanca, N.Y. 15-4 8. June A. Bpangler 3709 B~a~xdywine St. OVergrown part of 15-3 Chewning N.W. Lot 1, Block 8, 15-4 Washington 16, D. C. Rio Del Ray 9. Joseph T. Dolan 193 Rockland Rd. Lots 12 thru 19, 15-3 & ~omas J. Fair~ield, Oonn. Block 12, Osceola 15-4 Dolan Park 10. Gustav E. & 606 E. Emerson OVergrown p~rt of 15-~ Elin-Backstrom Glen Ellyn, Ill. Lots 17 Block 10, Osc.eola Park Violations 15-3 & 15-4 as concerns this report are as follows~ 1. 15-3 - ~raSh & rubbish; 15-4 , Weeds 2. 15-3 Limbs; 15-4 - Weeds 3. 15-3 'Trash & rubbish; 15-4 - Underbrush & weeds 4. 15-3 Trash & limbs; 15-~ - Weeds 5. 15-3 - Broken limbs; 15-4 Weeds 6. 15-4 - Weeds 7. 15-3 - Storm damaged tree limbs; 15-4 - Weeds 8. 15-3 T~ash; 15-4 - Weeds 9. 15-3 - B~oken trees & limbs; t5-4 - Weeds 10. 15-4 - Weeds Submitted to~ the Cit~. council by the on this ll~h day of October,.~. i965.