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03-25-63 MARCH 25, 1963. A regular meeting of the ~ity Council of Del=ay Beach was held in the Council Chambers at 8='0Q PIN,, with.Mayor. Walter D~etz i~ the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams an~ Councilmen A1, C. Avery~ BmO~ J~ B~rrow, ~..~.o~ge Talbot, Jr., and 0liver W. WOOd&rd, Jr., being present~ 1. An opening prayer was delivered by City Clerk Wprthing. 2, The minutes or, March 11, 196'3 regular meetiDg were unanimPusly approved on motion by Mr. Woodard and sec~ded by Mr'. Talbot. 3. Mr. Frank F. Ellis, 553 Jaeger Dr~ve,. Tropic Palms Subdivision, informed the Council that he had, on several occasions, requested that a street sign be placed on Jaeger Dri.¥e as it~Was difficult for their residence to be ~ound by visitors. City Manager Holland was asked to %ak6 &ake o~ this. 4. Mr. Barrow read the following Beaut~fication Committee M~n~tes of March 21, 1963. "After a discuss~on relative to progress being made on the 10th Street boat landing area, Chairman Merritt was asked-to contact the City Manager conce~ning the use of fill, to be removed when 10th Street is improved for the boat landing area. "A motion was made'byMr. Warren, seconded by Mrs. Bowen, .that the City be asked to investigate the possible damage to the Royal Palm trees on the south s~e ofN. E. Eighth Street, e~st of the Intracoastal, by Salt ~ater being dredged into that area and to determine who would be liable if damage does occur to these trees. Motion passed. (Council Action.) "Mr. Warren was asked to contact the Tropic Isle property owners relative to a plan for beautifying the entrance to this development." Concerning paragraph 2, City Attorney Adams said that he felt the property owners in that area would be responsible if the trees were damaged by salt water for not sufficiently diking their property. Mr. Kenneth Ell~ngsworth, Se.cretary of the Committee, explained th&t the ladies o~ the Beaut~fication committee are quite concerned as they thirtk th~ palm trees on N. E. 8th Street are very beautiful and' they would not want to lose them and were wondering if, at this time, anF~ing could be done to prevent the salt water seepage from ruining.~ tre~s. Following di~ussion, Mr? Avery moved that the City Manager be apprised of the possibilities that might occur and ask him tO put this situation under his obs~r~ation, and if it is indicated, come to the C°unuil with'recommended action. The ,motion was seconded by Mr. Wood&rd and carried unanimously. 4.a.A roll call showed that the following Civic Organizations and representatives were in attendance. Chamberof Coavaerce Mr. Kenneth Ellingsworth Business & ProfesSional Women's Club Mrs. Alyce Husa Beach Taxpayers League. Miss Dorothea Galvin Breezy Ridge Estates Mr. John Sword Beta Sigma Phi Mrs. Roy Simon Tropic Isle Civic Association Mr. John. Halstead League of Women Voters Mrs. Charles Cross a Mrs. Virginia Meyers Planni~ Board Col. Andrew L. Fabens 3-25-63 5a. City Clerk Worthing read the following telegram dated March 22, t963, to Mayor Dietz from Pare Lorentz. "I do not own property in YOur city, but I have been renting andre- siding in the winter time for fourteen years. I have informed 'Col. Herman Schull Jrt, Pan 'Am Building,- west Palm Beach~ that"unless there is a compelling national defense reason he is respOnsible'for'the actions of his subcontracto~ who is dredging'"all night between the the 8th Street bridge and the Atlantic Avenue bridge under any reasonable health and welfare ordinance such as'exists in New York City, Chicago'and San Francisco to name three cities the rules of which I am familiar. No such construction activity is allowed during the sleeping hours. I would suggest that you might also consider calling the county health officer of Palm-Beach County. The fact is that some older people cannot sleep at night and the United States Government is responsible for %he Intra~oastal Waterway. I would hope 'that you might take local action but'if you find yourself power- less I intend to inquire of the Pederal Authorities. Would appreci- ate any help you might give to us winter visitors. I have rented a home of Doctor Robert Lamb, my telephone number is Crestwood 8-1279. I think this is a very fine community'but this situation is the re- sponsibility of the Corps of Army Engineers. It' is intolerable for older people. I see no reason why they should leave this community unless the United States ~overnment certifies that this work is for national defense, however the Operators do not fly the flag of the Army Engineers or the U.S. Government." Mayor Dietz~ repOrted that upon receipt of said telegram he had phoned Mr~ Lorentz informing him that same was a federal matter and that the City of Delray Beach had no jurisdiction over same. Po'llowing comments, Mr. Avery moved that ~the corps of ~ngineers · be contacted through thei-rresponsible authoritY, possibly~. Schul~-of the Florida Inland.Navigation District, and assured him that the City Council of DelraYBeach does not like its citizens disturbed and that he be asked to use his influence to see if the night operation' cbuld be stopped. .The motion was seconded by Mr. Barrow and carried unanimously. Sa. Mr. Avery informed the Council that the local Chapter of the Jaycees~is presenting Mr. Buddy Merritt as Vice-President from the 8th Jaycee DiStrict. Further, that Mr. Merritt is an active member of the Beautification~Committee~' an acti-ve ~'citizen-~in'Delray Beach, and very active in the Jaycees, and that he feel,s it would be quite appropriate for ~he Council to pass a commendation to all Jaycee Chapters in the 8th District of Florida commending the achievements of Mr. Merritt. Mr. Avery then moved that the City ~'lerk be author- ized to effect a Commendation to all Way~ee Clubs in the 8th District of the Florida Jaycees commending theachievements of Mr. Merritt an~ his ever present desire to help his fellow men and recommending him for office. The motion was seconded by Mr. Talbot and carried unani- mously. 5a. .~r..~ Avery informed the Council that s group of teen-agers are planning a meeting Wednesday evening, March 27, 1963, 7:00 P.M. at the Community Centerto form a 'teen town group organization. That their purposes are to.assist and help organize the recreational needs of the young men and women from the ages of thirteen to nineteen, and certainly not over twenty one years old. That there seems to have been a void in .the recreational program, not on the part of the Council, but..havin~ An appeal to this particular group. Mr. Avery further stated that this group of teen~&gers a~e ~kfng that as many of the Council as possible, and any other adults Who are interested in helping them organize this program, be present at said m~eting. Sa. Mr. Avery reviewed the situa~i~ in ~rDPi~ Palms where the trucks hauling fill had traveled through.She center of the area and after continued complaints from the residents had been routed over ~ezmantown Road~ and later were. permitted to travel across the city -2- 3-25~63 dump in order to shorten their route, that said truckers had agreed to remain out of the central area of-Tropic Palms, and also hold to an eight o'clock A. M. sta=ting hour for this activity, Mr. Avery then informed,the Council~that he.had received calls for the past three days from Tropic Palms residents that these trucks are starting to work earlier than the hour sDecified and are traveling through sai4 central area again. Mr. Avery moved that. the Council direct the City Manager to take immediate steps, with the police or any other power available to him, to see that these truckers abide by their agreement or they will be caused to go the long route again. The motion was seconded by Mr. Woodard and carried unanimously. Sa. Mr. Woodard said that he would like for the Council to consider whether or not it. would like. to return to its policy of having an afternoon workshop meeting~ that it seems to him that during the past few months there have been=a number of items brought before the Counci1'where there has been inadequate time for discussion, and that there are items during the week that he would like to discuss with the City Manager, and feels that rather than call him to dis- cuss these items that the most helpful and worthwhile way would be to sit down at an afternoon workshop meeting and get the background on many of the items that are brought before the Council. That same would be an open workshop meeting with the 9tess present. Mayor Dietz s~id that he favored the preliminary Council meetings and gave his reasons for same. Mr. Barrow and Mr. Talbot said that they did not think the-pre- liminary meetings were necessary and Mr. Avery stated that he was satisfied with the way things were, but would, go along With the majority if it came to a vote. During lengthy discussion it was suggested-that the items present- ed by Councilmen-under Agenda item 5a be tabled untitthe next meet- ing for action. It was determined that someof the items presented by Councilmen could not be ~eld over until another meeting for action but the items that were controversial or that needed study would be so deferred. Sa. Mayor Dietz reporte~thatMr. Fred. Techter, Chairman of the Agricultural Committee o-f the Kiwanis Club had called him and asked that his and the Kiwanis Cl:ub's appreciation be expressed to'C~ty Manager Holland for the very nice work done around the Boy Scout Hut, further, that the City Manager express their appreciation to Mr. Wade Cartes, a city employee that personally supervised the work. Mr. Avery commended Mayor Dietz for his effort in getting this work started. 5a. Mayor Dietz reported to the Council that there was a meeting last Monday night between the Community Relations Committee and the Westside Recreation Committee-who were unanimous in their decision to turn the plans of the Westside Recreation Center over to Architect Richard Hanna. 5a. Mayor Dietz read the following letter that he received from Herman W. Schull, Jr., ~eneral Manager of the Florida Inland Navi- gation District, dated March 12, 1963. "I have in hand Resolution %1443 of the City Council of the City of Delray Beach requesting that the Plorida Inland Navi- gation District not use any part of the submerged la~d north of Casuarina Road, know~ in our records as MSAs 648-A and 648-D. "In the current work of enlarging the waterway, excavated material will be placed on the beach, using the street rights- of-way granted for this purpose bY the City of Delray~Beach or on other privately~owne~ lands. -3- 3-25-63 "The easement rights on MSAs'648-A and 648-D run to the United States and are perpetual. If the City desires to eliminate definitely atl fu~ure:fi~ling of th~se areas, I believe per~etual pipeline easements to the beach over Casuarina Road and Ingraham Avenue would Be'acceptable substitutes Yor thesubmerged lands. If you desire to pursue this matter, I would be glad to hear from you. "Your assistance and cooperation in the work of the Navigation District has Been greatly appreciated." Mayor Dietz suggested referring said letter to the Planning Board for their reCOmmendat~tons and'if the Planning Board agrees,that the perpetual easeme~tto' the ocean should Be given, which would elimi, hate"said spoil area. Further, that the City is'in, the process of trying to acquire said spoil area. Foll0wing CommentS, Mr. Avery'moved that the City proceed to negotiate a 2rede of easements with the Florida Znland Navigation District, trading them perpetual ~asements to the ocean for the Iifti~g of thefill easements in the said underwater lands. The moti~.'was sec6~ded By Mr. Talbot and following discussion carried unanimouslyl Sa. Mayo~ Dietz announced that he had received a letter from South Central Airiines, Inc., and felt that this was a Council consider- ation as th-iS eOul'd at some future date Be very important to Delray Beach. Thathe was-reluctant to send the inf~rmation tha~was asked for, but suggested., authorization to the City Manager or City Clerk to fill said forms ou~ an~ return them;aamco with a letter ~pressing Council interest inany pOss'ibility of getting air~ice to Delray Beaeh,'~t beihg so moved by Mr. Woo~ard~a~he moti~as seconded by Mr. Avery and carried unanimously. 5a. Mayor Dietz sai~ that he would like to have. the cost figures to pave all roads where sewer pipes wo~ld be laid, that it would be ad= vieable to-haVe such a Cost ~[gure in' order for-Council ~o determine whe'ther a-contractor WOuld pa~Ch the streets after sewer p~pe in- stallation or Whether the city~ wou~d'~pa~e sa~d~treets,~ it being so moved by Hr. Avery. The motion w~s seconde~%by-Mr,vW~ard and carried' unan~mbuSly. 6.'a. On motion By Mr.'Avery an~'we'conded. By-Mr.~Ba=row, ~/~e following Boards and Committees were unanimously aDpointed to serve for the. remainder of 1963 or until their sucCessOrs are appointed. -N. ~. Dean, Chairman Roy Ward not.~pppointed by ~ncil) Gertrude Carter Tom Kincaid Florence Catherine Strong Lero~aine J~hn Van Sweden C. MaTgare~ waIsm~th .Lu, la~B~ldwin Virginia Meyers 'RoscOe Rolle Dr. Stiles B. Lines FINAN~IAL-ADVISQRY ~OAPd) Nathan Sharp, Chairman 'Rhea Wh~.t~ey C. Weldon Evaul John M. R~an -4- 3-25-53 HEALTH DOCTORS Dr. Jerry Cox Dr. William Earnhart Robert Crego p~mbing..Inspector Dr. Jerry~Cox ~ty'Physician Charles Clark ~6~rneyman plUmber Robert Barnwell Master Plumber Quinton Bishop Master Plumber James C. Raymond Robert Fulton James Johnson Dr. Thomas Shoaf Mrs. Gilbert Swem Oliver W. Woodard, Jr. (Ex Officio) RECREATIONAL COMMITTEE - ~E~,S Dr. Monroe Father Paul Speicher Kenneth Jacobson Dr. Thomas Shoaf as liaison between this com~ittee a~d the parent committee. 6.b. The Council was informed that the term of office of Mr. John Breze on the Civil Service Board expires on April first, and Mr. Talbot moved that Mr. Breze be reappointed-on said Civil Service Board for~a four-year term, expiring April 1, 196.7, the motion being seconded by Mr., Avery and unanimously carried. 6.c. Regarding consideration for northerly extension of N. W. §th Avenue, Mayor Dietz stated that he would like to have another evacuation route in case of an emergency, and that he would like to have N. W. 5th Avenue continued to 4th Street,._which extension would be through city property. Mr. Woodard moved that this item be ~ferred to. the Planning/.- Zoning Board for their consideration. ~he motion Was seconded Mr. Avery and carried u~animously. 6.d. The Council was infor~ed that Mr. Avery had requested authori- zation for issuance of a Proclamation urging the local citizenry to participate in contributing to the Palm Beach County Blood Bank, between the hours of 10=00 A.M. and 6=00 P.M., on Thursday, March 28th, at the Community Center adjacent to the City Hall. Said Proclamation was unanimously adopted' on motion by Mr. Avery and seconded by Mr. Barrow. ?.a. A petition for rezoning a tract of unplatted land in Lot 19, Section 8-46-43, from R-IAA to R-2 was presented from the Lake Ida Development Corporation, said parcel of land being approximately three acres, lying south of a~d adjacent to Lake Ida Road, and be- tween a projected northerly extension of N. W. 10thand 12th Avenues. Mr. Hugh Vogl, owner of s~id property informed the Council that he had petitioned for rezoning of this property to c-2,. two years ago, and that since that time said property had been considered for a park area and ,a~exchange of ownership with some county lands, but that he had been informed recently bY Mr. George Warren that the proposed exchange of. land with'the county would not materialize. Mr. Vogl further informed the Council that said proper~y had been duplex zoned by the county prior to annexation to the City of Delray Beach in July, 1961. Mr. Avery moved that said rezoni~g petition be referre~,the ~lanning Board and returned to the Counci~ by their next'.~~ if possible. The motion was seconded by Mr. Woodard and_Carr~~i- mously. -5- 3-25-63 72 r' ?,a, Concerning a request froTM Miracle 'Revivals, Inc. of West Palm Beach, for permit to erect a temporary gospel tent at a,,site located in Block 45, for the purpose of conducting religious services during the month of April, the questions were asked if there was an alter- nate location and if there were loc11, sponsors for same. Following discussion, Mr. Avery moved that said request be denied at that location and that it also be denied on account of there not being sufficient knowledge of the people making said r~q~est. The motion was seconded by Mr. Talbot and carried unanimously. 8.a. It was reported that .the City of Boynton Beach'l~a~ recently passed and adopted Resol.~.,,tion No. 63-N, urging the management of the Florida East Coast Rai,,~way~-Company .and;its employees to jointly ex- ert all reasonable efforts toward settlement of their current dis- pute at the earliest possible moment and restore its operation to a sound basis in the economy of this general area, and that a similar resolution had been. prepared for Council consideration. City Clerk Worthi, ng then, presented RESOLUTION NO. 1444, copy of which is attached to and made a part of the official copy of these minutes. (See Page 7~'-~) Poltowing comments, Mr. Avery moved that Resolution No. 1444 be tabled, the motion being seconded by Mr. Barrow and unanimously carried. 8.b. City Clerk Worthing presented ORDINANCE' NO. G-480. AN ORDINANCE OF THE CITY 'OF DFJ~RAY BP2%CH, PLORIDA, LEVYING THE ASSESSMENTS. AS SHOWN BY TH~ ASSESSMENT ROLL SUBMITTED BY .THE- CITY MANAGER OF', SAID~ CITY FOR CONSTRUCTION OF A SIDEWALK'FIVE (5) FE~-T"~N'WIDTH ON THE SOUTH SIDE OF S. W. 1ST STREET ~I~'~N S. W. 3RD AND 4TH AVENUES~ ALSO ON THE WEST SIDE OF S. W. 3RD AVENUE BETWEEN S. W. 1ST AND 2ND STREETS. (Copy of Ordinance No. G'~80 and AssesSment Boil az~e:.~%tached to. and made ~ 'part .o.~ t.he '0~cia! copy' o~ ~:'hese minti'~es. ) . (See Page's-76-B & 76,0) '" There being no objection to the ASSeSsment Ro~'l':an~ '0rdina'~Ce No. G-480, said O~dinanCe was u~animouslY~p~sse~ a~d'~oPte~ 'on s~°nd and final reading On-mOtion by Mr; ~Ib°~ and SeCor~.ed by 8.c. It was reported that the contention had been raised in the Munic~ipal,Court that SeCtion 17 Of, the Code' of Ordina~C~s was patti-' ~li~led When the ~0dei Traffic C°a~ was aa°P~ed-. in"AU~ust; 196i. Ho~r. "~0/~v0~d 'fUture Controversy in: th~' Co~, ~he City"~t~0~ney r~e~en~ adoption of an m. ergency 'ord~hance, 'which W°uid provide for re-enacting Section 17~28, Chapter '~':'~f the Code o~ Ordinances. City Clerk Worthing then read ORDINANCE ~O~ 41-481. AN ~RU~.NCY O~OINANCE OF TH~ 'CITY COU~CTL OF THE CITY o~.D~-~AY ~Ca. ~$~A;" ~ENACTTNG A~ ACT .~XCa ~s o~ ~NALL ~V~o~xz~.n :~r ~ TH~ ~H~RF~S ~an allegation has ~b~en ~aiae~~ in ~the ~ani~ip~ ~court of this ~Ci~y~that upon the adoption of O~di~ance No. G.~08,~'~ovm as trina to 'tra~ff~ ~ffenSe~?~d ' -6- 3-25.63 WHEREAS, the City Council deems it necessary to enact this ordi- nance on an emergenoy basis to insure the proper and necessary functioning of the Delray BeaCh P0'lice-Department, NOW, T~EREFORE, BE IT ORDAINED BY TH~' CITY CO~CIL OF THE CSTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That Section 17-28, Chapter 17, Code of Ordinances of the. City of Delray Beach, Plorida, is hereby re-enacted.and shall.read as follows: "It shall be u~lawful for any person to commit, within the corporate limits of the city, any act which is or shall be-recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby forbidden. "Whosoever shall violate the provisions of this section,uuponconviction thereof, shall be pun- ished by the same penalty as is therefor provided by the laws of the state, but in no case shall such penalty exceed a fine of five hundred dollars, or an imp~isonment for more than ninety days, or both such fine and imprisonment in the discretion of the municipal judge.." PASS~DANDADOPTED as an emergency ordinance this 25th day of March,. 1963. Following comments by-.the City Attorney, Mr. Avery moved that said Emergency OrdinanCe No. G-481 be pas8ed and adopted on this first and final reading, the motion being seconded by'Mr'. Woodard and unanimously carried.' 9.a. City Clerk Worthing reported that the Planning/Zoning Board, by letter on March 19th, suggests that John N. Kabler be appointed to fill the unexpired term of Paul S. Knowles on the Planning Board, said term to expire September 28, 1966, it being so moved by Mr. Barrow. The motion was seconded by Mr. Woodard and carried unani- mously. 9.b. It was reported that at the last regular meeting, Mr. John A. Dittrich complained of certain parking of cars and trucks.on Andrews Avenue immediately West of the Manor and Grosvenor Houses, that the Council had requested the Building Official to investigate this matter, and his report is as follows, dated March 19, 1963. "Re: Parking lots on Andrews Avenue. "The Manor House,-the Grosvenor House and the Talbot House all have the required amo~u~t of parking spaces, as now established by Code, on their OW~ property. The uSe of.addi~'ional parking spaces on property other than the lots where the buildings are situated is permissible but not required. "The Manor House owns a lot on the west side of Andrews Avenue, and have a portion paved for additional parking. "The owner of the other lot on the west side of Andrews Avenue that is being used as a parking lot, was contacted, and. he is contemplating landscaping and improving this lot at a later date." 9.c~ City Clerk Worthing reported that on March llth, the Council referred to the Building Official the request of certain property owners in Breezy Ridge Estates for a change in the nUmbering system -7" 3-25-63 therein to reflect Northwest identification instead, of Southwest, and the following is a.report concerning same dated March 18, 1963. "In 1949an ordinance was created by Council to clarify the numbering of properties in the City of Delray Beach. At that time a committee established Swinton Avenue as the dividing line for the East-West sections of the City, and Atlantic Avenue as~the North-South division of the City. For some un- known reason some of the areas east of the waterway did not adhere to this ordinance, and Andrews Avenue was used as another East-West division ~line. Consequently there was a lot of confusion developed in that area, as new homes were built and the correct numbers were issued according to the ordinance. "In 1960 the Council appointed a Committee comprised of John A. Thayer, C"narles Harbison from the Council, Mr. Baxter, Mr. Allen of the Post OffiCe~ the Chief of Police, Chief of the Fire Department, the City Manager, George Mingle, and Ralph A. Hughson Building Officia~l, to study and make recommenda- tions to help clerify the numbering system in Delray Beach. After several meetings, the Committee recommended to the Council, that a uniform grid system be established, similar to the previous pattern using Swinton Avenue and Atlantic Avenue as the focal points, to divide the City in four sec- tions, and that streets and avenues be protracted North and South, an~ ~ast and %~est from the focal 9oint. The postal employees felt. that as the City expands, this would serve in the best interest of all concerned, to simplify the house numbering of Delray, Beach. "It has been my responsibility as Building Official to estab- lish and maintain this system~ to do this, a lot of time, effort and money, was used .tO, accomp.lish it. .All ~the water accounts, all the tax card~.andnew maps were changed to con- form to Ordinance G-365, establishe~by .Council.~4~c~tion of August, 1960. "I feel that when everyone knows and u~erstands the Purpose of this Council action, although a few do not agree, that it is a good-so~Ution toa very critical situation. At present 'the area in question seems to be in the North West sector, but as subdivis'ions 'such a~ the-newly annexed Sudan ~e.ubdivision and all the area north of A~lantic Avenue, if and when develop- ed, wil~ create more confusion than a few property owners now have. "In answer to the petition submitted, the eubdivision of' B~eezy Ri~geEstatee was platted and accepted by the County. Commission and the 'City of Delray. Beach in 195~0 and.establishe~ Atlantic Avenue as the. northern boundary." Following discussion, Mr. Avery moved that the Same be changed to comply with thee request, the motion being second6~ by.Mr. Woodard. City Attorney Adams .suggested that an ordinance amendmen~ was the proper way in which to take care of this change and Mr. ~V~ry changed his motiOna~s followst "I move that ,the Council indi~e their feel- ings on th~s ma~ter.." The motion was seco~dedbyMr. Woodard and carr£~d Unanimously. The City Attorney. was asked to prepare the necess~y ordinance for presentation at .the next meeting to make it a r~,~ity that Breezy Ridge Subdivision W°Uld~ have a N~hwest ins~'d of ,SOuth- west address. -8- 3-25-63 ?§ Miss Dorothea Galvin asked what legal rules existed to enforce the correct numbering on houses. The City Attorney said that a person could be forced to remove an incorrect number by prosecuting them as a violator of an ordinance, but that they could not be forced to put up a number. Miss Galvin suggested that a lot of newspaper publicity be given-this, stating the law, or that a notice sent out with all the water bills stating that if by a certain date the incorrect number iS not removed from said property, a fine would then be imposed, Mr. Avery moved that the City Attorney be instructed to present to Council recommended legislation that will make it possible for Council to get the house numbers changed legally and expeditiously. The motion was seconded by.Mr. Woodard and carried unanimously. 9.x. City Clerk Worthing read the following Planning Board report, dated March 25, 1963. "The Planning Board commenced a study of the inadequacy of the City Jail at a meeting held on March 22, 1963 with Chief of Police R. C. Croft and City Judge, Ad Litem, W. C. Williams III,. in attsndance. After a general review of ex- isting conditions at the City Jail, it was concluded that the City Commission should immediately retain a competent person, architect or builder, to make a study of the avail- able space, if any, at the police building for expansion of the jail facilities. This study should be at present con- fined to the feasibility of adding more cell blocks:immedi- ately, which is considered as first priority of a number Of inadequacies which exist in police facilities. "Other inadequacies are being studied by the Planning Board and further recommendations will be forthcoming." Mayor Dietz asked City Manager Holland to call an administrative meeting of the Council to discuss the jail with the police depart- ment, and Monday evening, April first was set for said meeting, the City Manager to send written notices to the councilmen concerning same. Mr. Avery requested that the name of the Architect who did the last ~ail addition be reported to the Councilmen along with the notice. Further, that he would like for the Council to consider a committee for l~g-range Study of the jail and criminal problem and on said committe~ ~here should be a housewife, a negro, a lawyer, etc. 9.x. City Clerk Worthing read the following Planning Board Report, dated March 25, 1963. "Re: Lot 1, GolfvieW Estate. A public hearing was held on March 22, 1963, pertaining tO a request for an expansion of a Permis~ive Use on this property by The Sunshine Broadcasting Company. "No objections were received-J "We, the Planning Board, wish to recommend to Council, that this request be granted."' The City Clerk added that this matter originated in the efforts of Mr. Ha~ry Gerquest to obtain, on behalf of the State Road De- partment, needed right-of-Way for the future improvement of West Atlantic Avenue, Delray West Road and State Road No. 806, to the Turnpike, and that it is therefore recommended that Permissive Use for expansion of the Radio Facilities and operation thereof be grant- ed subject to the dedication of the North 13 feet of said Lot 1, Golfview Estates. -9- 3-25-63 Following comments from City Attorney Adams, Mr. Avery moved that a Public Hearing be advertised and scheduled by the Council for their next meeting concerning said extension of Permissive Use to Lot 1, Golfview 'Estates, the motion being seconded by Mr. Woodard and unanimously carried. 9.x. City Clerk Worthing read the following Planning Board report, dated March 25, 1963. "Re: A Tract of land in Section 18-46143, fronting on South side of State Road 806 between S. W. 20th Avenue and Canal. "A public hearing was held on March 22, 1963 pertaining to a request for rezoning from R-1AA and 'R-2 to C-3. "Several adjoining property.owners were in attendance. All objected to the change of zoning as requested, but the general expression of opinions was that they would not ob- ject to a change of zoning to C-2 for that portion of the subject property fronting on S%ate Road 806, for a depth of 100' to 150', and a permissive use for a nursery of the balance of the property extending to the south. "Therefore the Planning Board recommends'that the request as submitte~ be denied." The City Clerk then informed the Council that the petitioners, Mr. R. O. Priest and Mr. W. L. Barnes, for said rezon~ng had today submitted~the following request: . "In reference to rezoning a parcel of land approximately 9.3 acres fronting 950' on West Atlantic Avenue and 458' on S. W. 20th Avenue, I would like to. amend my request for a change in zoning from C-3 to C-2 on the North 165' of said property running East and West along West Atlantic Avenue, with the South 293' running East and West be re-~ zoned.to permissive use for a nursery.*" Mr. Avery moved that this item be referred back to the Planning Board for consideration and a report at the next meeting, of zoning the first 165 feet (15 feet would be taken for road right~ of-way), the balance for permissive use. During discussion it was brought out that C-3~zoning would not be proper in this area, but that businesses in a C-2 zone would not be objectionable. Mr. Avery said the reason that he asked that this be referred back to the Planning Board for consideration is that it would still attract the type of business that desires to go in there, and be- fore voting for such rezoning he would want to be assured that they would donate the 15 feet of right-of-way that was needed, and it would also be contingent upon Mr. Priest and Mr. Barnes being able to get a long term lease or purchase said property. Mr. Avery then restated his motion and moved that this item be referred back to the Planning Board for consideration of C-2 Zone for the first 165 feet, and permissive use for nursery for the balance of the tract. The motion was seconded by Mr. Woodard and carried unanimously. 10.a. A bill in the,amount.of $945.00 for Architect ?ichard Hanna was submitted, also the bills for apprOval as f~liow~ ..~ENERAL FUND - $104,372~26; WA'T~R FUND ~ OPERATING FUND - $34,093.99; REFUNDABLE DEPOSITS ~ND - $1,408.90; BEACH DISASTER & IMPROVEMENT F%F. ND - $5,661.17; IMPROVE~NT FUND - $945.00.~ The bil.lS .Were unanimously orde=ed paid on mo~ion by'Mr~ A~erY'an~;~'ec~h~'~'bY~r. Woodard. The meeting adjourned at 9=45 P.M. on motion by ~r. Wood,rd. R. D. WORTHING APPRO,V~D: CityClerk M A ¥ O R -10- 3-25-63 76 -A RESOLUTION NO. WHEREAS, the City Council of the CITY OF DELRAY BEAOH, FLORIDA, recognizes the detrimental effect upon the eoonoz~ of the CITY OF DELRAY BEACH particularly, and of the STATE OF FLORIDA generally, as a result of the existing dispute between the Florida East Coast Railroad Company and certain em- ployees of said Company, which has resulted in a cessation ,f passenger and freight ~aiXway service by said line; and WHEREAS, said City Council respectfully submits that in the best interes~ of the Ce=homy of said area, that maid dispute should be resolved! NOW, THER~QRE, be .it ~08Olvs4 ~y the C'ity Council of the CITY ~ DELRA~ BE~, FLORIDA, that the management of the Plo~lda East 0cast Railway Company and th~ em~l~ees ~f said o~m~any involved in the above~ d~s~i-bed dispute, are respectfully urged ko Jointly exert all reasona~!e efforts to settle said diqpute in an amicable manner, to the best interest ~ all parties involved, at the earliest possible date, in order to restore to a sound basis the economy of this area. PA.~ED and ADOPT~D this 25th day of March, A. D. !96~. CITY O~ DELRAY BEACH, FLORIDA (COR~0~ ~m S~ L) By ....Mayor '. ..... Vic ~' Mayor "c ATTEST... 76-B ORDINANCE NO. G-480 AN ORDINANCE 0F THE CITY OF DELP~Y BEACH, FLORIDA, LEVYIN~ THE ASSESSMENTS AS SHOW~ BY THE'ASSESSMENT . ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, FOR CONSTRUC~TION OF A SIDEWALK FIVE (~) FEET IN WIDTH ON THE SOUTH SIDE OF S. W. 1ST STREET BETWEEN S, W. 3RD AND 4TH AVENUES; ALSO ON THE WEST SIPE OF $. W. 3~D AVENUE BETWEEN S. W. IST AND 2ND STREETS. WHEREAS, the City ~nager of the City'of Delray Beach, Florida, has, in pursuance to the Charter of said City, submiSted to the City Council for approval, a report of the cost, and the assessment roll for the construction of a sidewalk five~(5) feet in width on the' South side of S. W. 1st Street between S. W. 3rd and 4th Avenues; also on the west side of S. ~ 3rd Avenue between S. W. 1st and 2nd Streets, and WHEREAS, said report and assessment roll were approved by the City Council in regUlar session on the llth day of March, 1963, and WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing objections to said assessment roll, and WHEREAS, no sufficient objections were received to the confirm- ation of the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City council of the City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment roll, which is annexed he~eto and made a part hereof, are hereby levied against the property shown and in amounts shown on said assessment roll, said assessments to be paid in three (3) equal annual install- ments, together with interest at the rate of eight (8) per cent per annum, the first installment becoming, due and payable on and on the for the next ensuing~two (2) years; and said special assessment, so levied shall be a lien from the date the assessment becomes effective, upon the respective lots and parcels of land described in said assessment roll, of the same nature and to the;same exSent as the lien for general taxes, and shall be collectible in the same manner and with the same penalties and under the same.provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Regular Session on second and final reading on this the 25th day of March, 1963. DZE Z ,, MAYOR ATTEST, /S/ ROBERT D. WORTHING · ~irst Reading. ~ ,~l, 1963 Second Reading ~March25. 1963 · ASSESSMENT ,,ROLL For construotiOn of a sidewalk five feet in Width on the South Side of S. W. Ist Street between S. W. 3rd and ~th Avenues; Also on the West Side of S..W. 3rd Avenue between S. W. 1st and 2nd Streets. LOT ~GE ~ TOTAL BLOCK ~CRIPTION OWNER (S. W. 1st Street) N~9.~' of a Ke~e~h ~D~s ~5 ~ 88.56~ N} 38 F~t~' o~ w89, of la~' of W89t ~ of ~ S~ Moo~e ~ " 8&.60 N29.5~ of 2 0atherine Rogers ~.1 " 86.79 N} 38 9 a N29.5' of D. Josie a I0 Janet Josie 135.6 ~' 266.88 (S. W. 3rd Avenue) N} 38 9 a N29.5' of D. Josie a 10 Janet Josie 106 " 208.62 N} 38 S~7' of 10 ~ Jerome · Martha N3' of 11 Smith 50 " 98.~1 N} 38 12 a S73.5' Ed~d · ~line of 11 Heastie 1~0 " 295.22 S} 38 13 Naomi A. L. Jones 51.52 " 101.~0 S} 38 8 01arence 0. Mitchell %1.52 " 101.~0 P. ~iest 100 " 196.81 880.78 1,733 .~9, Resoluti~ No. 1338 $ ~8.~8. Assessment Roll (ESt) 13.~0 Ordinance 0aption (Est) 6.05 C ontrac t ($arner) 1,665.76 Total Cost to AbUtting' ' ....... :- ~ Prope~ties $1,733.~9'