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04-22-63 107 APRIL 22, 1963. A regular meeting of the City Council of Delray Beach was held in the Council C~ambers at S~00 P.M., with Mayor Walter Dietz in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams and Councilmen A1 C. Avery, Emory J. Barrow, George Talbot, Jr. and Oliver W. Woodard, Jr., being present. 1. An opening prayer was delivered by City Clerk Worthing. 2. The minutes of April 8th special and regular meetings %ere unani- mously approved on motion by Mr. Talbot and seconded by Mr. Woodard. 3. Mr. John W. Wilmer, 1115 N. W. 5th Avenue, representing St~ Paul's Episcopal Church in the capacity of Senior Warden, read the following letter written by himself to the City Council, dated April 22, 1963. "We at St. Paul's Episcopal Church are planning an addition to the educational facilities for young children on property which has been owned by the Church since 1954 and before. The plans for these four new classrooms are in the possession of Mr. Hughson of the Building Department. We understand that the proposed use .of our facilities comes under the city's zoning regulations 'as conditional use' under the zoning category for our property. We request your permission to construct these facilities for the purposes already enumerated. Anything which you can do to facilitate this matter's ap- proval will be appreciated as we want to make certain that the buildings are completed by September of this year." Mr. Wilmer explained that the Church was not aware, until they applied for building permits, that there would have to be a public hearing concerning expansion of the present use of their property, and that time was an important factor. The City Clerk said that the existence of that Church is a non- conforming use at this time and in accordance with Section 29 of the Code of Ordinances, any additions would have to be approved by the Council, and by virtue of Ordinance No. G-471 passed a few months ago, referral to the Planning Board for a public hearing thereon is necessary, and that request for same should be accompanied by a fee of $25.00. Mr. Avery moved that the fee of $25.00 to be paid by the Church with their request for expansion be waived. The motion was seconded by Mr. Barrow and carried unanimously. There was lengthy discussion about the legality of granting said expansion of permissive use without referring it to the Planning Board for Public Hearing, and it was mentioned that this would be setting a precedent and that each time.that any church, even after having obtained permissive use for same on certain property, would have to come to Council andsubmitbuilding plans. The City Attorney said that could be taken care of by ordinance amendment if the Council desired. Following lengthy discussion, Mr. Avery moved that this request be referred to the Planning/Zoning Board; with the request that it be advertised, a Public Hearing held and a decision returned to Council for their consideration at a special meeting to be held on May 6th, 1963, and also-that it be advertised for Public Hearing by the Council at 9:00 A.M. on May 6th, 1963 special meeting. The motion was seconded by Mr, Barrow and carried unanimously. 3. Mr. Jack Weber of 710 N. E. 3rd Street, Delray Beach, stated that he had approached the former Council, as Manager of Radio station W.D.B.F. that they would like, as a public service, to put the Council meetings on the air at the time when the Radio Station would 4-22-63 be operating at night. Mr. Weber said that now since there is a new,Council, he is requesting that permission again, and would like to start that service at the next. regular Council meeting on May 13, 1963. Mr. Avery moved that the permission be granted, the motion being seconded by Mr. Woo~ard. Mayor Dietz asked if this could ~be on a trial basis for a couple of months. Mr. Avery said that if it did not work out satisfactorily it could be ~h~ng~d. Upon call of roll, the motion carried unanimously. 4. Mr. Barrow read the following Beautification Committee minutes of April. 18, 1963. "Members present were= The Mrs. Bowen, Evaul and Little, and Messrs. Merritt, Galinat, Lankton, Cartee & Toth. 1.The Beautification Committee is most anxious to proceed with its 10th Street Park p,roje~ A *motion was made byMr. Lankton and' seconded by Mr. Galinat that we do the following= (1) Pave the Parking Lot and mark it".for parking. (2) Buy necessary, fill and topsoil. (3) Buy necessary grass. (4) Clear',~the rocks and cement from water basin. (5)(Council ACtion) 2.It also recommended that the council keep in mind that 4th street and Lake Ida Road should remain a non.access.road for westward expansi°n.... Concerning item 1, Mayor Dietz asked if the money was available for same. It was made known that there was suffic£ent money in the Beautification Budget for this work and Mr. ~o~ard moved that they be instructed to proceed. The motion was seconded by Mr. Avery and carried unanimously. Concerning item 2, it was mentio~ed that this was referred to the Planning/Z0~ing Board recently ~or their ~tudy, but that the Beauti- fication committee has studied and considered beeuti,fying both ~ides ~f N. W. 4th Street. '4a. A roll call showed that the following Civic'organizations and representatives were in attendance. Chamber of Commerce Mr. Kenneth. Ellingsworth Seagrape Garden Club Mrs. James Bowen Lions Club Mr. ROy Simon Tropic Isle Civic Association Mr.'John Ha~stead Board of Realtors Mr. Paul Ledridge Jay=ce? Mr. ~:~. Watkins .Pl,anning Board Messrs. ~Fabens~ Hanna, Lankton , ' & Jacobson. 5. City Cler~*Wo'rthin~ re~knded the coun=il that they hadrequested that Se~nators be con~acte~ relative to the propos~norease in cigarette tax, an~ that the following letter had been received from Senator C. W. Bill young of the llth D£strict~ date~ April 17, 1963. "Thank ,~u very much for your letter advising'me of the City council s.s~p~rt favoring the pa~s~ge' of Se.~e%~il~ 80 whiChWoUld~crease ~e tax on'cigarettes and provide fo= tha~ tax~.i&ncrease to be r~turned to,the cities in.which it was collected for their general'revenue fund~ I appreciate having this expression of"suPport~bY the council1 and want you to know that, since I realize the need for munici- pal.gover.r~n~e~ts to have additional revenue ~nd since I prefer that re. venue ~o come fr0~ a tax Iiketh~s cigarette tax rather than ~*n~cesSi't~ f°'~ an increase in advalorem taxes, I am a co-s~on~or of Senate B~11 80 and will urge its a~opti~n.by the Legislature. -2- 4-22-.63 109 "I would like to point out, however, that it is'my opin£on that city and county officials altk® should begin immedia- tely.to search for newer and better ways to conserve the public funds which they administer and effectuate a reduc- tion in the taxes~needed to be levied to operate their government. With best wishes and personal regards." 5. City Clerk Worthing read the following letter from Mr. LeRoy 'Bud'Merritt, dated April 9, 1963. "With deepest appreciation I would like to acknowledge the proclamation passed by the Council on March 25th, 1963, concerning my civi= activities and endorsingmy candidacy for State Vice President of the Florida Jaycees. I am very happy and very proud to report that with your help, I was, on April 8th0 1963, elected by the Eighth District Jaycees to hold this office for the coming year. To my knowledge this is the.first state officer elected from the Delray Jaycees in the sixteen yearsit has been active. I will make every effort to brin~ credit not only to the Jaycees but also to the people of Delray Beach, without whose confidence and encouragement I would not have attempted such a challenge." 5. By request of Mr. Avery concerning the Court Case of Louis Smitzes v. City of Delra¥ Beach, C£ty Attorney Adams said that an Order of Dismissal had been received on the second amended complaint. with a suggestion from the Court that there is no need to request further leave to amend same, and unless there would be an appeal, that this would dispose of said Smitzes matter. Sa. Mr. Talbot asked about presentation to council for the Water Works Improvement Program, and a special meeting was agreed upon for May 20th, 1963 at 8:00 P.M., for that purpose and for any other business that may come before the Council. 5a. Mr. Woodard said that he had.an item that was more of a Progress Report, that being the situation at the Tennis Courts. Mr.'Woodard said that as a result of the widening of west Atlantic'Avenue the tennis courts would have to be moved a minimum of' at least ten feet as they overlap in the road right=of-way; that the County right-of- way Agent contacted the Temlis. Committee and indicated to them that there would be this conflict and asked them to investigate the possi- .bility of moving the courts~ that the C~an%ber of Commerce had done some investigating and had obtained a cost'figUre for part of'the court moving p=ogram, and that last week there had been a meeting at the Tennis Courts to discuss the move and to hear'recommendations of the Tennis Committee regarding the relocation of the courts, further, that there had been discussion, by the Tennis Committee concerning contact of the original designer of the courts. Dr. Monroe Father, a member of the Tennis Committee was asked to present any other developments to the Council. Dr. Father said that when the Tennis Committee was told that the courts would bays to be .moved, the Committee had n~erous discussions to determine what would be the best way to accomplish this. That it was made known that the South end of the courts is on the Atlantic Avenue right-of-way and the North .end on the alley right-of-way in Block 44. Dr. Father ex- plained the proposed plans that the Tennis Committee had discussed, and.that a bid of $16,570.00 from the F. C. Feise Company had been received for building the courts at the proposed locations, further that the Feise Company had quoted a price of $2,250.00 for extending -3- 4-22-63 the Courte te the c ~:. _ ~n feet a i-.r, ,~ , t One feet at Onen_~_.a PrZce o~ ~_e~ ~h ~a-~ eai~ ~ha~ ~_~a ~ith all ~,690.00 fo'-_'~ o~ ~he. woul= -~cy ~e~'--"' ~eh --: ~ mOVe ~. ~ by ~em ~e o-:-, en veto .... e f~c~. e, ~d ~ · Place hOUse .i Zb ~s e~., t~o ~urt- ~ hOUse ~..: oity on ~ ~a~ Durta .... =~Clmated ~.~ chat ~e-- - ~een bUil~ ~= ~e~ buil~ ~, ~ PUmpOs~ ~. ',~u if ~-~ -'=-ctc A ..... ~o Pay f~_ =" ~est~-- ~aerk Wn~=~ ~at m~.. -,ye, that .~ . ~enUe wi,~_ ~= any o~ woul~ --'~zZag r._7'~ ~Oaeihl.. ~ ~ne Cit~ ~._~z~ the 0o--' ,~e ._ u not ._ =~ort _. z ne ~$~ ~ ,,~a ~IT e~- _ Securt~_ . formed ~__ Czty a ._?~or Oie~z ..~nS~der th~=~z~arize .~_ ~ anyone .~mPlete ~r~F"~a tha~ ~ F' Z~ ~erms..~emmelve~ ~.:~z~g ~he '"~unoil ~cen report':: would, like ':~ l°ng-ran-:'c~ ~hat is ~ It ~. _ ~ur the n~ un ~is ~ ~°r the C~.._~u Pla~tn~ did ~.,. ~ me~tion.~ _'.~c meet/._ -' ~at i~ .-- ~Y ~na*-- . =' and ~_: Place ~a. ~.at ~hen ~_ . , ~ ., d be avat~-.~ make ne ~ou~ - ~ourea .: ~ o~ time ~_-'~ out a~ ~C ~czantt~ ~_ and -' u-c .t~ ~_~.'. upon '~U~.. ~u make ~._ ~ cftc SUn · .venue p~ COne .. °ep~m~._ ~ ~e re~.,-~' Aver.. ~e mow._ out thai .~ayor Ot~:=~ and Oc~'~r~ ~or ,~.' ur, ~arbe-':?. o~ do-- -'~ ~e ~o..~ -~ said .~..~=r a8 ~ ~'"= ~o~i~. _.. ' aald ' g ShOuld ~o* ._P=O~isioa~ .~ st '~e' fo- ~.the City Manage= Ho ~ oe do~- ' =nould ~ ' ~at Provide ~ '.. . lla~d "~ uAttl {~ ~ ~= made go- -:~ to and it ~9hte'of-~a~., .,_ suggested. . -- zs nece ..... ~- this, e had read ~ . d a mass ~'h_ ~ktng st.~=~iole as f article t~ , ~Uture Ae~i~Portat~_.-~ea atme~ ..~Ollow~ "mb. ~e Nzam the ~- ~ uepa~__. ~ study _, -~Zg~ed ..' -'= ~ mast ~' '~ no~ ~ros~ u. rea~'~ ~. ~Ca~e Roa~ ~-Uate and -- ~frloiai~.._ ~. ~or ~'r~t do~ '~ "~e ~T~ zt up t~ ~n 1958, ~ t~cy to ~i'-:'~c~ re~u~:: = Presstn~ __~z~ be ne ~c~ Yea .,ear ~eor ~Ze~e · , ~s an .:, ne Pr d e a ,, o~ s ~em -- ~:~ z~ e --- Y ooune,.~ ~. oat sa;~ ~ tn. .~_ tUdy, '. '~O~a~ ' -ma~ ~a~l_, ~ cflat ~=.~ ~- ~. ~..--e rea.e._ =ridge ~2~. ~ne Count.. ;co the Co..~ . ' "U~lans an~azng the f ~e can" ~ take ~ · if it' e · · ;.uture ~ a2~ a : ke Z meet Milzta..__ , it ca. .. ~ nd ext .... ~ Road , .... s ~t~ -~Y ~ · "oe --u I ' ' ~v.. their az/, a~d . ;. Used as t out to W, 4th .~.__ Judge ~u/d at-- a truok .... ~tltta,....._ -'-eat) _-.' -" evacuate..TM ~i~..- '~n '~O~e' ~"'~Y to 4'22-63 111 Mr. Woodard said that he would like, for.the articleand Mayor Dietz suggestion to be presented to the planning Board for their study and recommendation. Mayor Dietz said he would like to. know what the. Planning Boara has. to say about it, but that time is. im-. portant and urged that the County be contacted concerning this. Following discussion,. ~r. Talbotmoved.that the City Manager.be instructed to convey the information to the County Commissioners of the fact that the City of Delray Beach would like to have N. W. 4th Street included in the twenty year plan, extending at leaat to Military Trail, also that this be referred to the Plannin~ zoning Board for their review and comment. 'The motion was seconded by Mr. Barrow and carried ~nanimously. Sa. Mayor Dietz said that.he did not observe any. members of the Community Relations Committee present tonight, but thought that it should be mentioned that there is a lot of clean-up work being done in the western section of town, and that said'committee wasinterested in promoting this clean-up work. 5a. Mayor Dietz said that he had received a letter from the Florida Senate, signed by w. C. Williams, Attorney and Administrative Assist- ant of the Palm Beach Delegation, dated April 18, 1963. "The entire Palm Beach County-Legislative Delegation has re- quested that I communicate with you relative to the number of amendments to the Delray Beach Charter from 1959 to date. During the 1959 regular session, eleven Delray Beach charter amendments were passed by the legislature. During the 1961 regular session, ten charter amendments were passed. Of the 15 charter amendments requested for .the present 1963 session, 13 have been introduced for passage. The delegation feels that the City's request for passage of such a large number of bills during the past five years may indicate that an entirely new charter is needed for Delray Beach. Another point to be con- sidered .is the fact that a charter revision would alleviate the necessity of Delray Beach requesting the passage of such a large number of special acts every two years. The delegation, in makiflg this suggestion for your consideration, feels that both the number of amendments and the great amount of time and cost necessary to prepare and pass through the legislative processes could be eliminated." City Attorney Adams said that there had been 16 bills sent up, and with Council permission he would write to the Palm Beach Dele- gation and clarify the number with-them and find out which bills had not been introduced. Concerning charter revision, the City Attorney said that with this year's changes there is practically a. new. charter. 6.a. Concerning review of bids received for construction of the West- side Community Center, Mayor D~etz said it had been suggested that the City Clerk open the bids and that City Attorney Adams and Archi- tect Hanna inspect the bids for the purpose of eliminating any bids that may be irregular. Mayor Dietz recommended that the bids be read for the public and then given to the Architect for his study and recommendation and reason for such recommendation, and then presented to the Council at a later meeting for their consideration. The Bids are as follows: Norris W. Bird $66,266.00 James L. Brooks, Inc. $64,484.00 Floyd J. Griffin $68,552.00 Hawkins & Mouw, Inc. $66,774.00 P. G. Herig $60,183.00 -5- 4-2~-63 It was reported that, according to the Architect and City Attorney, all of the bids were *in accordance with specifications furnished and -all have furnished a satiSfact0rybid bo~d. Mr. Avery then moved that the bids*be given to Architect Hanna for his study and recommendation and presented to the CoUncil not later than their meeting of May 13th. The motion was seconded by Mr. Barrow and carrie~ unanimously. 6.b. The Council was informed that an application had been received for water servibe to be furnished to LOt 24, Lake Shore Estates. That the Water SUperintendent, *Mr. Pau! Nicolls, advised that there was sufficient water supply in that area, further, that the applicant had executed an agreement whereby said Lot 24, Lake Shore Estates may be. annexed to the city if and when such land becomes ern~exable by virtue of being contiguous to the city's corporate limits. Mr. Woodard asked if there was a current list of such agreements for annexation so that the city will be aware of same when these properties become contiguous, and was informed by the City Clerk that there was such a list. Mayor Dietz'asked if, in th~ future, the wording could be changed from when the property becomes contiguous, to when it is legally possible to incorporate them. Mr. Talbot moved that the application for water service to Lot 24, Lake Shore Estates be granted~ the motiOn being seconded by Mr. Woodard and unanimously carried. 6.c. It was reported that the owner of L~t 79, Tropic Isle Subdivi- sion claims that condition of South Grande Canal is such as to pre- vent boat 1ending at his dock, and it was suggested that this matter be referred to the City Manager and*~C~ity Attorney for their review and determination as to the responsibility for them&intenance of said canal and all'other canals in said subdivision, it. being so moved by Mr. Talbot. The motion was seconded by Mr~ A~ery and carrier unanimously. 6.d. Concerning final construction plans and specifications for Sewage Works~ProJ~ect, Mayor Dietz said that as far as he is concerned he things, the plans are all~r.ight, but since, the state approved a previous plan Which is now o~61ete, and is replaced by the present plan, that the City must be sure that the state approves the present plan. Mr. Avery informed the Cbuncfl that Mr. Lee of the State Board of Health said they were not interested in the length of outfall pipe, they were interested in where it went, and their stipulation was that it would be to the Gulfstream and ninety feet deep. Mr. Clifford of Russell &Axon said that ther~ had been verbal approval of the pre- sent plans and that written-approval would be'obtained. Mr. Avery then moved that the Council approve the final plans and specifications of the Sewage Works Project, subject to written ap- proval of the State Boardof Health on ~the change. The motion was seconded by Mr. Woodard and carried unanimously. City Attorney Adams reported, 'concern~n~ the exchange, of ~wo par- cels of land in Block 1%, wheXe a sewe= lift~tati~ is to be placed, that the title to the city property is setis~actory, a~d .~hat there has been an agreement made with Mr. EVans to postpome ~he closing for ninety days during which time the title wi?ll, be.quieted. 6.e. Concerning possible expansion of the ~tyNursery' grounds, the City Manager reported that Lots 36, 377~43& 44, 50 and'~l, S~ndy & Tenbrook Addition could be p~rchased for $500.00 per lot plus city's share of closing costs, if .all of said lots were purchased. City Attorney Adams suggested getting theseller ~o.,furnish title insurance and the necessary documentary s~amps on ~he .deeds, also a proration of the taxes, which is normal.procedure in the sale of property. -6- 4-22-63 Following discussion, Mr. Avery moved to purchase these six lots as recommended at $500.00 per lot,with the stipulation that the seller furnish title insurance, ~documentary stamps',and that the taxes be pro- rated. The motion was second'ed, byMr. Woodard and carried unanimously, Mr. Avery then moved'that the money necessary for this transact, ion be transferred from the ContingencyFund t~the Nursery Account. ,The motion was seconded byMr. Barrow and carried unanimously. 6.f. Concerning proposed amendment to the Building Code regarding parking requirements in R-3 Zone, Mr. Talbot moved that this item be referred to the Planning/Zoning Board for their study and recommen- dation. The~motion was seconded by Mr. Barrow. and carried unan/mously. 6.g. It was reported that Mr. Jean Cloutier proposes to develop and improve the West Q~arter of ~Model Land Company's Lot 11, Section 20-46-43, and~has conferred with the Planning/Zoning Board concerning such proposed development, and submitted a plat thereof, considered by the Planning Board to be the Preliminary Plat. The following Planning Board report, dated April 19th, was read? "Re~ Approval of plat for proposed subdivision in Section 20-46-43, Br.. 1486-1. The Planning Board submits their approval of said plat, with the provision that all of the proposed right-of-ways.as indi-- cared on the drawings be accepted by the City. The dedication of the twenty-five (25) feet on ~he west side of the proposed subdivision reduces the two corner lots below the established sizes for corner lots, but we feel it would cause a hardship on the developpr to require any larger lots in this R-IA Zone." City Clerk Worthing further reported that it is recommended that Council approve this Preliminary Plat of Sunny Heights, a four acre tract of land lying between S. W. 7th Street and S. W. 8th Court on the East side of S, W. 4th Avenue, which Plat provides for dedication of all necessary rights-of-way as desired by the City Manager. That such approved Preliminary Plat is authorization to the subdivider to proceed with preparation of plans and specifications for certain im- provements of the land and preparation of ~final plat therefor, all to be in accordance with Section 23A-4 of the Code of Ordnances, and it is understood that no Building Permit shall be issued until the Final Plat of Sunny Heights has been approved by Council and recorded in the office of the Clerk of the Circuit Court of Palm Beach County. Mr. Avery moved for approval of the Preliminary Pl&t subject to the approval of the Countyand State Boards of Health. The motion was se- conded by Mr. Woodard and carried unanimously. ?.a. Concerning petition for consideration of final plans for Yacht Basin, the following letter from Attorney John Moore was read. "Re: Proposed New Yacht Basin and Club House. In accordance with previous council decision I am ~ubmitting herewith for your consideration, plans for the Yacht Basin as prepared by John A. Grant, Jr., Inc., and a plan of the proposed Yacht Club. Your early consideration will be appreciated." The City Clerk informed the Council that this petition refers to the proposed Yacht Basin on the Bast side of the Intracoastal Waterway and lying between the westerly projections of Miramar Dr~ve and Ingraham Avenue, further, that following a public:hea~mg, on such pro- posed Yacht Basin, held by the Planning and ZoningBOa~, ~he;~C~ty Council, in regular session on September 24, -7- recommendation of the Planning' Board and unanimously agreed as follows: ,"that-the request of Law~ence~J. Plym .for a permissive use, as. more particularly shown by,the site-plan designated as petitioner's Exhibit No. '1, dated. September 13, 1962, signed by John Moore, his attorney, ,b.e ~ranted as recommended by the Planning Board, on September 13, 1962.,,'Provided, however, that prior to any construction,, final plans therefor shall be s~bmitted .to the city Council in detail for Council approval following public beefing thereon, and furthermore, that unless said plans are submitted to the Council within eighteen months from today this permissive use shall be null and void". Attorney Moore said that he felt their petition should be divided into two parts, first the Club House, the plans of which have never been submitted to the Council and that should require advertisement of a 9%lbIic hearing by the Council and action taken at that time. The second portion of the petition pertains ,only to the docks on which there was a Planning Board Hearing and action by the Council. Attorney'Moore said that the only variance in the dock plans is that there will be low gas pumps instead_ of the high _ones that were originally planned and they will be placed on the second dock from the South instead of on the'Southern dock. During lengthy discussion, it was brought out that there woul~ be no motor repair connected with these docks~ that the reason the dock plans were required to be submitted again to the Council is that there may have been some changes since the preliminary plans were submitted= that 'time is an important factor in getting .Council ap- proval on account of extensive work in dredging, filling, sea wall construction, etc. Following discussion, Mr. Avery moved that the' 'Council advertise for and have a Public Hearing on this Permissive Use at 10:00 A.M., on May 6th, 1963, the motion being seconded by Mr. Woodard and mously carried. Mayor Dietz suggested that the special meeting On May 6th start at 9:00 A.M. for the Public Hearings as it has been advertised that the eewe= bids would be opened at 10..00 A.M., it being so moved by Mr. Avery. The motion was seconded by Mr. Barrow and carried unani- mously. 8.a. City Clerk Worthing read RESOLUTION NO. 1448. A RESOLUTION OF THE CITY COUNCIL :OF THE CITY OF DELRAY BF~hCH, FLORIDA, COMM~ND1NG WILLIAM E. DORMAN0 REAL ESTIITE EDITOR FOR~AN EDITORIAL ARTICLE APPEARING-IN ,TH~ BOSTON SUNDAY HERALD ON THE 10TH DAY OF~ MARCH, ~963. ~tER~AS, '~he .City Council 'of' the City of Delray Beach, Florida, has received innumerable favorable responses to an article entitled, "Unique ~lorida City Resists ,Exploitat:ion", ~h~'ch .was authored by William E. Dorman0 Real Estate Editor, and appeared in the Boston Sunday Herald on 'the loth day of Mar=h, 1963~ and WHEREAS, it is the feeling of the City Council that he has pro- trayed business opportunities in this Community with a degree of accuracy never heretofore accomplished= and WHEREAS, the.' City Council on behalf o.f the citizens of the City of Delray Beach, Florida, being desirous that his effort be recog- nized, acclaimed and permanentrly recorded ~ NOW THEREFORE, BE IT RESOLVED BY THE CI,TY ,COUI~CIL OF THE CITY OF DELRAY BEACH: In dee9 appre.cia~aion_ of the outstanding effort on the-' part of William E'J DOrman, Real-.,Estate Editor, in Cha'raCt~rizing this -8- 4-22-63 11§ Community in the aforesaid editorial in which he demonstrated extra- ordinary perception and ability, the City Council hereby eommends a valuable cofltribution to the general welfare of the City of Delray Beach. Unanimously adopted this 22nd day of April, 1963. Resolution No. 1448 was unanimously passed and adopted on motion by Mr. Woodard and seconded by Mr. Avery. 8.b. The City Clerk read ORDINANCE NO. G-482. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 23-2 OF THE CITY'S CODE OF~ ORDINANCES, PERTAINING TO THE NUMBERXNG OF BUILDINGS AND STRUCTURES. (Copy of Ordinance No. G-482 is attached to and made a part of the official copy of these minutes.) (See Page 118-~) There being no objection to Ordinance No. G-482, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Avery and seconded by Mr. Talbot. 8.c. City Clerk Worthing read ORDINANCE NO. G-483. AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,' AMENDING CHAPTER 16 OF THE CODE OF-~ORDINANCES OF THIS CITY BY ADDING SECTION 16-13 PRESCRIBIN~ AN' ADDITIONAL PREREQUISITE FOR OBTAINING A Ci"~Y OCCUPATIONAL LICENSE AS A GENERAL. CONTRACTOR, SUBCONTRACTOR, SPECULATIVE BUILDER, ELECTRICAL CONTRACTOR AND PLUMBING CONTRACTOR. Ordinance No. G-483 was unanimously placed on first reading on motion by Mr. Avery and seconded by Mr. Barrow. 9.a. Mayor Dietz announced that the floor was open for discussion concerning construction height in R-3 Zone, and said' that the Plan- ning Board had recommended high-rise apartmen, ts being constructed on the Ocean and on the. Intracoastal Waterway, further, .that he. would like for this item to be divided so! that. in voting he could vote con- cerning the height of apartments on the Ocean separately from the ' height of apartments on the Waterway. Mayor Dietz questioned the wording in the Planning Board Report of "from the crown of the highes' adjoining street to the ceiling o~ the. highest habitable floor". Mr.'Talbot said that he was not ready to vote on this item and would like to study it further, also, that he would like for .the City Clerk to furnish the Councilmen a copy. of the prev&ous ordinance on the height of. buildings that-was in effect-prior to the present ordi- nance, and with the understanding that there would be fur~er Study on this item, moved that this item be tabled until the next. regular meeting. The motion was seconded by Mr. Avery and carried unani, mously. 9.b. City Clerk Worthing reported that the following Planning Board report concerns a tract of land. in the SF~ of Section 18-46,43, lying between the E-4 Lake Worth. Drainage Canal and S. W, 20th Avenue, with a frontage of approximately 900 feet on the South side of Delray West Road, and a depth of 4§8.52 feet, comprising 9.03 acres more or less, and a request for re-classification thereof, which was referred to the Planning Board by Council on March -9- ' 4-22-63 "Re: Petition to rezone Darcel of land on West Atlantic Avenue, between S. W. 20th Avenue and the E-4 Canal. The original request to rezone this property from R-1AA and R-2 to C-3 was denied. We, the Planning Board, re- ceived an amended petition to rezone subject to property to, the north 150 feet to C-2 and the balance of the parcel to remain as originally zoned, but grant a permissive use as a nursery, with appurtenant buildings'. The Planning Board recommends that the amended request be granted." During discussion, Mayor Dietz asked if it was advisable to rezone said land at this time when at the time Of widening of State Road No. 806, the road would not then border ~this property. It was also made known that there was no need for s~ate Road. No. 806 right-of-way from this piece of property, as said ~neuessary.right-of-way had been pro- vided years ago. It was reported_that the petitioners for rezoning and permissive use of said property hold a five year lease on said property with option to buy. Following other discussion, City Clerk Worthing read ORDI~NANCE 'NO. G-484. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP DELRAY B~ACH, FLORIDA, ,RE~ONING AND PLACING CERTAIN .:LANDS. IN D~.LRA¥-~BEACH, IN "C-2 G~N~RAL COMMERCIAL DISTRICT", ]%~4BED,~NG "ZONING MAP OP DELRA¥:BEACH, FLORIDA 1960" ,'=~AND GRANTING A PERMISSIV~ USE FOR CERTAIN OTHER. LANDS. Ordinance No. G-484 was unanimously placed on first reading on motion by Mr. Avery 'and seconded .by Mr. Woodard. 10.x. City Clerk Worthing read the following letter from J. William SaUer, dated Ap=.il I6, 1963. "we a~e -~he developers of South Point Village shopping center on ~outh, F~de~al HighWay. '~e agreed: to go into the'~ity a~d.~'~e..t~$~k the f~lowing~ immrov, ements on the hig}~aY shoU~ld be .taken care of as soon. as Possible. 1. Lights to be Placed on highway; 2. Cit~ sign~ ~ma~k~ngs moved,;sou~h to .%ake ,-in** all ~h~e 3. Reduce* ,SP~ed limit to 45 miles~ per hour.. These improvements Would be of. grea~ hel~ ,to us and t. k~ow the c~¥ will be pirated, to cooperate,. It wi~,:l~ also help the city." Concerning Item 2: City Manager HOlland ~nformed th~ Co3ancil ,that if ~he is to con- tinue with the present street marking program there will be an over expenditure in the ~raffic maintenance division of about $4,000.00 includi~his lo,~t, and !:~b~.~he weuld, ~/~ke~ ,(:ounce1 apRroval to Ci~ ~nager ~"~:hat,,~. i~.. u~.£.g: aluminum painted contind~:3 !' The posts ~h the regular gre,en';~ ~wh~e ,~l~t~e~tng sy. stem which will -be unif0~ all over the c~y.~:!.'.'.There ~ '~us's~on of 'transferring money f~om othe=.~accoun~s' 'in 'order ~to~on;tinue t,his work off .the traffic ma'i~tenance divis~on:. . Concerning Items 1 and-3:~..City Manager ~Holland informed, the council that these came under the jurisdiction of the State Road Department and he would contact them and report to Council. -10- 4-22-63 1I? 10.x. City Manager Holland informed the Council that he.had in- quired of Russell & Axon Engineers if the salary of Mr. Harry Gerquest, in obtaining easements and rights-of-way for the Sewage works Project, could be 'paid from the sewer construction fund. That Mr. Gerqueet had spent*his ti~e since his temporary employment' the first of January on this project and that he would be needed for approximately another three months. The City Clerk then read the following letter from .Russell & Axon. "Subject= Project No. 5964-Sa-Sewage Works Project, Delray Beach Florida. This is my reply to ~our letter of April 11, 1963 concerning the expenses incurred in the procurement of easements and rights of way for the sewer project. It is our opinion as the consulting engineers for the sewer project that all expenditures in this connection are a part of the sewer project costs and may be rightfully charged to the sewer project. This letter is our certification that it is proper to use SeWer ConstructiOn Trust Fund monies for this purpose." City Attorney Adams suggested checking with the City's Fiscal Agents concerning this before any final action is taken. Mr. Avery then mo~ed that the City Manager be authorized to pay Mr. Gerquest those funds as related from the sewer'funds, subject to the City Attorney's approval after his consultation~with~ the Fiscal Agents. The motion was seconded by Mr. Talbot and-carried unanimously. 10.x. City Clerk Worthtng read the following letter from George Johnson, Recreation Superintendent of the City of Boynton Beach, dated April 19, 1963. "At the present'time we ama turning our attentiontoward the summer recreation program and one of the most important ac- tivities is the annual Learn To Swim Program. Last summer we.were granted permission by YoUr City to incIude our non swimmers in your Learn To Swim Program at the Municipal Pool, under the Direction of Mr. Barnicle. We also provided an instructor to help with the course. We would appreciate the same opportunity again this year. We certainly appreciated your k~ndness and cooperation in making it possible for us to provide an opportunity for our non swimmers to learn how to swim." Following discussion, Mr. Avery moved that the City Manager be authorized to grant this request, if in his judgment he thinks it is feasible. The motion was seconded by Mr. Woodard and upon call of roll, Mr. Avery, Mr. Barrow, Mayor Dietz and Mr. Woodard voted in favor of the motion and Mr. Talbot abstained from voting. 10.x. The following letter from Architect Kenneth Jacobson, dated April 19, 1963, was read. "Confirming previous telephone conversation with Mr. Holland, City Manager~ covering the architectural services in connec- tion with the proposed alterations and/or additions to the present city jail~ it was agreed that I w°U. ld perform the following services: -11- 4-2~-63 '115 "A, Consultation services for a schematic solution with approximate costs. The fee for this service would be $200.00. If the schematic solution and approxi- mate costs are approved, this fee of $200,00 would be applied upon the complete architectural services, B. If authorized to proceed with.complete architectural services, a standard form of agreement (AIA) will be signed on the fee basis of 6% of construction costs." Mr. Jacobson's proposal was unanimousIy accepted on motion by Mr. Talbot and seconded by Mr. Barrow. 10.x. City Manager .HoLland commented on the .tremendous .e~pense of maintaining the Westside swimming pool, and informed the Council of the rocks and various items that he had removed from the pool and facilities at the pool~ There was discussion concerning the high cost of' maintenance of that facility, and of a method, and cost, that could be used to eliminate the cause of same. 10.a. City Clerk Worthing. presented a biI1 from City Attorney Adams in the amount of $400.00 for legal fees regarding the Louis J. Smitzes v. City of Delray Beach, also bille for .approval as follows: General Fund $120,445.64 Water Fund - Operating ~Fund 25,781.20. Refundable'Deposits Fund 1,914.27 The bills were/unanimously ordered paid on mot£onb~Mr. Woodard and seconded.byMr. Avery. The meeting adjourned at 10:15 P.M., on order by Mayor Dietz. , .R..~. WORTHING City Clerk APPROVED: -$2- 4-22-63 118-~ ORDINANCE NO. G-482 AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF DELRAY BEACH, FLORIDA, ' AMENDING SECTION 23-2 OF THE CITYIS CODE OF ORDINANCES, PERTAINING TO THE NUMBERING 0F BUILDINGS AND STRUCTURES. WHEREAS, the City Council of the city of Delray Beach deems it to be in the best' interests of the City that the numbering ordinance be amended to facilitate the renumbering of buildings and structures in the City in accordance with the master plan.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA$ SECTION 1. That Section 23-2 of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended by adding sub-sections (g), (h), and (i) to read as follows: "(g) For the purposes of this Section Atlantic Avenue shall be intended to mean all that part of State Road #806 lying within the corporate limits of this city. (h) The Building Official is here~y desig- nated and authorized to enforce this sec- tion. Incorrect numbers shall be removed by the owner of the real estate on which such numbers are located within thirty days after notice by certified or regis- tered mail from the Building Official. (i) Any person, persons, associations of persons, partnership or corporation who fails to comply with the provisiohs of this Section following the aforesaid no- tice shall be in violation of the Ordi- nances of this City and subject to punish- ment in accordance with Section 1-6, ' Chapter 6, Code of Ordinances of this City." PASSED IN REGULAR SESSION, this _.~day of AD~%I ,A.D., 1963. ,,, /SI WAL~ ~Z .... ' ATTEST: _~S/ ROBERT D. ~ORTHING City Clerk First Reading:..April 8th. 1963 . Second Reading:. APril 22. 1962