01-22-62 JANUARY 22, 1962.
A regular meeting of the'City COuncil of Delray Beach was held
in the Council Chambers at 8:00 P~M., with Mayor Walter Dietz in the
Chair, City Manager Louis J. Smitzes,~CityAttorney John Ross Adams
and Councilmen A1C. Avery, George Talbot, Jr., George V. Warren and
Oliver W. Woodard, jr., being present.
1. An opening prayer was delivered by Rev. Robert Moray.
2. On motion by Mr. Avery and seconded by ~. Talbot, the minutes
of the January 8th, 1962 Council meeting were unanimously ~apprOved.
3. Mr. Arthur J. Michael of 503 N. E. 2nd Avenue, called Council
attention to the fact that beer cans and soda bottles litter the
~treet right-of-way and asked that the Council make an effort to curb
some of the refuse dumPing along 2nd Avenue.
5,a. City Manager Smitzes informed the Council that a request had
been received from the new owners of the Bon Aire Hotel that Liquor
License No. 151~, covering the current fiscal year ~n~I issued to the
previous owners, be transferred to Cloyd Standafer and that the appli-
cant had been investigated in the usual manner and approved, not only
by the Police Department but by the State Beverage Department. It
was moved by Mr. Avery, seconded by Mr. Warren and unanimously carried
that the request be granted.
5.b. City Manager Smitzes informed the Council that a request had
been received from the new owners of the Arcade Tap Room that Liquor
License No. 1528, covering the current fiscal year and issued to the
previous owners, be transferred to Rene chardain, and that the appli-
cant had been investigated in the usual manner and-approved. On
motion by Mr. Talbot and seconded by Mr. Wooded the request was
unanimously granted.
5.c. Regarding the request from Lake Ida Development Corporation to
widen N~ W. 9th Street from Swinton Avenue westward, it was moved by
Mr. Avery to refer this to the City Manager and that he report back
to the Council with the necessary information as to the costs, etc.
The motion was seconded by Mr. Talbot and carried unanimously.
5.d. Regarding further consideration of the petition for permissive
use and boat dock construction in Reid's Village, City Manager Smitzes
read the Planning Board report of DeCember ll, 1961 as follows.
"On Friday, December 8th, 1961, the Planning and Zoning Board
held a hearing on a request for permissive use to operate a
business limited to boat dock rental, sale of yachting supplies,
as well'as the sale of gas and oil pertinent thereto, ~s well as
the operation of a social club maintained by membership on the
following described lands.
"Lot 8, Block L, John B. Raids Village and that portion
of Section 16, ToWnship 46 South, Range 43 East lying
between said Lot 8 and the Easterly right of way line
of the intracoastal Waterway.
"Twenty persons were notified. Five pemsons appeared. H.~G.
Murelle, Mayfair Manor Hotel and Dorothea Handerson obJected~
Arvida Realty, H. A. Bushman and Ralph Priesmeygr approved.
Franklin Wedge, George W. and Ellen Drake, W~ W. Tayl~r'~and
A. A. Stickler, were represented as being in favor Provided
that their properties to'the adjacent North were given the
§~a~.~ Consideration. The objections for the most part were
~n~things that are almeady~.being done in R-3 Zone.
"This..~equest is ux~msual in that the purchaser hasmade the.
per~ve uses re.quested, a pa~t of a sales~ contract in o~der'
to dead,mine theatti.tu~e of the peOpl® inthe· a~ea, the Plan,
ningBoard, an~ the City CoUncil P~ior to purchase. . '
1-22-62
January 22, 1962.
"A property such as this can develop in a number of ways, Since
it is currently R-3, apartments, hotels and boat docks can cur-
rently be built thereon, ; membership ship club is currently a
conditional use and was included in this request to ascertain
the attitude toward smoh a club. .There are no current plans
drawn to indicate how ~hese uses will be included in the final
plans. One type of development could conceivably include co-
operative apartments with adjacent docks for their use, hotel
accomo~ations for transient boats and visitors, a yacht club
for general use, including bar and restaurant and sale of yacht
supplies, gas, and oil for the rather sizeable number of boats
and yachts accompanying the ames. The many combinations possible
to create a finished development could hardly be attez~pted with-
out some assurance as to the above.
"The Planning Board unanimously endorses the idea of a develop-
ment meant to encourage .boat owners to come to Delray .to both
take up residence and to visit. Mis~t!ng boat owners for short
or long visits would add much~.to ~he attractiveness and economic
welfare of the city.
"The Board recommends, ~therefore, that the request be approved,
subject to. usual procedure for ·approval of conditional uses.
Mayor Dietz commented: "Subject to approval of conditional uses means
that nothing could be done there until.it comes back to the Council
for approval. Is that right?"
Mr. Avery: "Approval of ~he individual plans as they come up."
Mayor Dietz asked the City .Attorney if he concurred in that and the
Attorney answered '~fes ~i~".
Mr. Warren then moved .that the recommendation of the Planning Board,
as read in its final recommendation, be approved. The motion was
seconded by Mr. Avery.
Mm. C. D. Russell of Brool, s Lane, Delray Beach commented as follows:
"I am speaking for a number of persons, property owners adjoining this,
in this area, adjoining this property who filed ~a petition opposing
this report and this request, ~ believe oD t. he l~.th of December, and
I want to point out that this was discussed at a meeting of this Coun-
cil on the 18th of December and that this request was defeated. At
that time, as I understand it, and I am speaking in. the absence of Mr.
Scott who represents a number of these persons, and who is absent frbm
the City because he was not notified, and I might say none of these
people were notified of this hearing. As we understood it, af.ter this
motion was defeated, the suggestion was made to the ge~tleman who pro-
posed it that new plans be drawn and submitted to this ~Council. As
far as we know no such plans have been submitted to the Council and
none of them have been s.ubmitted or suggested, to any of the persons
who. objected, and I believe that it is to the interest of all concerned
that any definite action tonight on this resolution should be deferred
until these suggested plans be submitted, that people be notSf'ied of
them--people have the opportunity--adjoining property owners be' per-
mitted to .examine them and ex, ross themselves to t~heCouneil one way
or the other. This is quite a serious matter to these persons and I
am appearing rather voluntarily this evening in the absence of Mr.
Scott to.represent .several .of them,. Just for the purpose for which I
have s~ated."
Mr. arre ' ayor, may.i answer ussell On. eason for
making the mo~ion.
Mayor pi,t=: ,Could i fi=St.m"ntlon t is :' the
City Manager and the' iAttorney--a~ I understand ,tha~ noShin~ will be
built here until things are drawn," submitted to the Council for
approval in the regular ways $~ it is always,, done~ s~ nothing is
being approved as such other :~,--the peop~le~:~'Ant, to, know,whether
the ~City of. DelraY Would go. ,a~lg with a ~ck, aAd ~,op'era.tives,. .They
would have ~0 b~e ~ub~itted bO.the Council and',they ~ould:ha,,ve to be
submitted in detail, and it would have to be approved, That is cor-
rect is it not?"
January 22, 1962.
~. Warren: "And Mr. Mayor, public hearings would be held."
Mayor Dletz: "And open hearings would be held."
Mr. Russell: "May~ I ask then. for m~ own information,whether this will
---any action taken tonight will in any way preJudicethe rights of
these persons at some future date?"
Mayor Dietz: "AS I understand it, anything they do, Mr. Russell, will
have to meet the approval of our regular standards of zoning inDelray
and all of the hearings that would always have to be held on a new
project would be held on this."
Mr. Russell: "Any action which the Council would take this evening
would not prejudice the persons who have objected-heretofore tothe
construction of docks at tha~ 'location. They might not object to the
construction of a cooperative apartment."
Mayor Dietz: "Docks are now permitted under R-3. They don't even
~ave to come to the Council for a dock under R-3. That is permitted
use in an R-3 Zone, as I understand it."
Mr. Warren: "Seventy five percent of the present land use would per-
mit seventy five percent of what is being requested."
Mr. Russell: "This zoning as it stands today permits the construction?"
Mayor Dietz: "Yes it does."
¥~. Russell: "Really, I don,t understand the action of the Council."
Mayor Dietz: "What the Council has done, as I understand it, is that
there has been a request for an expression Of opinion. Somebody
wishes to buy'some land and before they buy the land they want to know
whether such a thing could be done, but you people that objected then
will have a right to object again on anything that is submitted and
there will be an open hearing. Is that right?"
Mr. Warren: "Above and beyond the present zoning."
Mr. Russell: "Then as I ur~erstand it, it will proceed through the
Zoning Board, again to the Council, and it wilI be~'open.''
Mr. Avery: "On each individual' instance."
Mayor Dietz: "On each individual instance."
Mr. Warren: "That applies to permit for construction, design of
building and e~en, as I understand it, the particular spot that it
would be located."
.Mw.. Russell: "Then naturally none of these people would be prejudiced
by any action t~at this Council takes ~his evening."
~. Warren: "They could be .interpreted as being.encouraged to go ahead
Mr. RusSell: "That'~s what'bothers me, ~. Warren. In the absence of
~. Scott,I suddenly was informed of this situation, and I don~t want
these people p~eJudiced. .I,m not representing them from the stand-
point of a lawyer,but as a friend for several of' them,and I don~t
want any of them prejudiced by any action taken tonight 'in the absence
of Mr~'~ott and withoub notification to these people." ~
Mayor Dietz: "Except that if it is boat docks that the objection is
~o, that ~s already permitted in R-3 as I understand it. Mr. Worthtng
says ~O'~
Mr. Worthing: "I would like to correct you, Sir, for the benefit of
the thinking of .Hr. Russell and those whom he represents. It would
have to come before the Council in the form of a petition and 'they
would refer it to the Planning and Zoning Board with a directive that
a public hearing thereonbe'held, ab which'time all persons interested
in the immediate area.would wit~ut fail nor exception be mnotified."
January 22, 1962.
Mr. Russell.: "I apparently have done m~ Job then and have saved these
people from any future preJudice~"
Mayor Dietz: "Thank you, Mr. Worthing. Don,t ever let me get off.the
beam without bringing me back."
Attorney John H. Adams: "I represent the petition on this matter
under discussion. I would like to ask for my own information, in
this instance M~. Russell was doing very good in saying that his
clients wouldn,t be prejudiced,however, can that be completely said~
Isn't the inten~ of the motion to grant the conditional use subject
to later approval or disapproval of the buildings, or whatever ..... "
~ir. Warren: "SUbject to our approval or disapproval, and this is as
I Called it, an encouragement for the entire project."
Mr. Avery: "Mr. Mayor, could the Attorney read the last paragraph,
the recommendation of the Planning Board which is what we approve."
City Attorney Adams read as follows: "The Board recommends, therefore,
that the request be ~pproved, subject to usual procedure for approval
of conditional uses.
Mr. Warren: "That is what we are going by."
I~. Russell stated that the situation stands tonight just as it did
on December 18th.
City Attorney Adams: "What the Council is doing, if they pass this
motion, they are giving a vote of confidence to the general develop-
ment of that particular area for boat docks and any development along
that line 'in that report that would attract yachts. The plans will
have tO be submitted in detail and approved in every instance by the
~ouncil .and at that' time there will be public hearings."
Upon call of roll, the.motion carried unanimously.
5.e. City Clerk Worthing presented a survey .report.of alleged nui-
sances existing in violation of Chapter 15 of the City's Code of
Ordinances that .had been furnished by the Fire Department. It was
moved by ~. Talbot, seconded bi Mr. Ave~ and unanimously carried to
direct the City Clerk to comply With Ordinance NO. G~388 ~s applicable
to this nuisance survey report.
(copy of Nuisance List is attached to and made a part of the
official copy of these minutes.) See Pages 22A, 22B, 22C,22D,22E
5.f. All improvements required of the devetoper~ in the Subdivision
of H0~WOOD PARK having been. completed in.,a, ccordance with $~e~!fica-
tions a~d with the'pPOvisi~ons of Ordinan*e G~285, it was mo~ed~by Mr.
Talbot, seconded by Mr. Woodard and unanimously carried to approve the
final Plat of said Subdivision.
5.g. Mr. Warren moved to appoint Mr. Lo,is J. ~mibzes as City Manager;
James W. Nowlin, Jr. as Municipal .Judge; John .Ross tdams as city
Attorney and the following two Judges Ad,Litem, ChaPies Byron and
William C. Williams, III, for the forthcoming year and that this
motiOn~ be approved by unanimou~s vgte, .,.Er, .Avery seo.onded the mo~ion
with .the under~t'anding that ~iie two ~Udge~-~Ad',Litem are on the 'same
level. ~he motion carried unanimously.
city Manager ,S~it~e.s thanked the C~ncil fOr their cenfidence in
him and inforr~ed ~hem that he would endeavor to be worthy of that con-
fidence.
In~ Order to develop a closer understanding between the~ Admini~
stration and the Council, t~e City Manager asked the Council for a
meeting with him and the depa~ent, heads, as soon. as pos~$ble, and
said meeting was arrange.d,'for ~:05 ,P.M~,. Tuesdla. y', Januar~
~.h,. The Codncil?Wa~ i~for~bd that,lappr0ximately l~20 lineal feet of
fence wOUld b~ req~'!~$d' to~ conS~ru'cb'' 'a' f~n~e around~ ~he ~t~-ash 'dump
lb~ated off of Sou~Ii Dixie HighWay.' ln~.0r~der to'prevent tpespasSers
frOr~~ Set~ii~g fires. Also, t~ab' st'el,el~posts and four-barbed wire would
be used, the estimated cost of ma~e~ial being $290.00 and the fence
-~- 1-~-6~
January 22, 1962.
would be erected by city forces. It was moved by Mm. Warren, seconded
by Mr. Talbot and unanimously carried that this fenc!n~ be done as
recommended.
5.i. The Council was inform~e~ of an agreement prepared by the F.E.C.
Railroad Company permitting the city to construct a 'water main cross-
ing under their main tracks at the site of the city trash dump and
that it is the desire of the..c~ty to put in a 4" main in a 1~" casing
for controlling the fires ~t 'th® c!.tY~dum~. ~ it was moved by Mm,
Talbot, seconded by Mr. Woodard and unanimously carried that this &n-
stallation be authorized-.
6'.a. The following letter was written to the 0ouncil.by Mrs. John D.
Moore, Health Chairman of the Plumosa Parent-Teacher Association,
dated January 17th.
"The almost 400 members of the Plumosa Parent-Teacher Associ-
ation would like to go. on ~record as endorsing fluoridation of
the drinking water of the municip~al water supplies for preventive
dental health.
"At the regular monthly meeting of our~ association which~was
held on January 11, 1962, we voted unanimously endorsing
fluoridation and also.~voted~unanlmously to send this endorse-
ment and request to the Delray Beach City Commission and Boynton
Beach City Council.
"We not only endorse fluoridation of the municipal water supplies,
but STRONGLY and UNEQUIVOCALLY request that the City Commission
of Delray Beach, without delay, place this matter on its agenda,
so that the necessary steps can be taken that will lead to the
addition of sodium fluoride to the city water supply in the
optimum amount as determined by the United States Public Health.
Department and Palm BeaCh County Health Department to provide .
assured protection against dental.decay for the Children.of
this community.
"We would appreciate your informing the undersigned of any
action taken in this matter."
Mayor Dietz stated that arrangements have .been made for a
.Zluoride check.of the city. water and commemted as follows:- "It might
be of interest if we could hear from the other P.T.As. what their
thoughts wOuld be on this particular matter. I think that there is
somewhat of an edUcational problem with the Dental Association in this
County ~nd what cum DOCtors would have to do, and ultimately it would,
I think, be in the best interests of the people if it were referred to
a referendum of the people when the proper time came."
6.b. The Council was informed that a petition had been received,
signed'' by 58% of the propert~ owners of that part of S. W. 9th Court
lying between 6th and 8th AVenues, requesting that said street be im-
proved with the understanding that all benefited properties would
share in the total cost of such improvement. It was moved by Mm.
Avery, seconded by Mr. Warren and unanimously carried tha~t this be
referred to the City Manager for~ processing.
6.c. Concerning the petition requesting the street name change from
N. W. 9th Street to Lake Shore Drive, it was moved by Mr. Talbot that
this petition be referred to the Planning Board SOt consideration.
The motion was seconded by Mm. Warren and carried unanimously.
7.a. City Clerk Worthing read RESOLUTION NO. 1379.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA., ASSESSING COSTS ~OR ABATING
NUISANCES UPON CERTAIN LANDS LOCATED WITHIN ~AID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACCOMPLISH ~$~CH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF SAID NUISANCE~, AND
CLARING SAID LEVY TO BE'~A LIEN UPON ,sAm~ PROI~ERTY
IN AN AMOUNT AS ~HOWN BY REPORT-O~ THE CITY MANAGER
OF DELRAY BEACH/~LORIDA.
-5- 1-22-6~
January 22, 1962.
(copy. of ResolutiOn No. 1379 and'attached 'costs is attached to
and made apart of the official copy of these minutes.)
See page 12F and 12G
Resolution'NO, 1379 was unanimously adOPted on motion by Mr.
Warren and se66nded' by Mr.. Ta-lbot. ~ ·
7.b. There being no objections to ReSolution. No. 1372 Ordering the
.opening, grading an~ paving of part of No W.~ 1st Avenue, City Clerk
Worthing read
RESOLUTION NO. 1380.
A RESOLUTION oF THE CITY COUNCIL OF THE. CITY
' OF DELRAY'BEACH, FLORIDA, AUTHORIZING THECITY
MANAGER. TO PROCEED WITH THE OPENING, GRADING AND
PAVING OF THAT PART OF NORTHWEST FIRST A~ENUE
~ 'RUNNING APPROXI~mTELY FOUR R~J~DRED SEVENTY FIVE
(475) pEET NORTHWARD PROM NORTHWEST NINTH STREET,
TO A WIDTHS'OF TWENTY-FOUR (24) FEET.
WPIEREAS, the City Council of the City of Delray Beach, Florida, .
did on 'the 8th day Of January, 1962, by Resolution No. 1372, determine
to proceed .with' the opening, -grading ~nd paving Of that part of North-
west First Avenue running approximately four hundred seventy five
(475) feet.Northward from Northwest.Ninth Street tO a.width of twenty
four (24) feet.
:WHEREAS,. the Resolution Providing therefor has been duly publish-
ed as required by the city Charter,' together With a notice that objec-
tions, tO said improvement would be heard,' and
WHEREAS~. no sufficient objections have been made to auch pro-
posed improvement,
NOW, THEREFORE, BE IT RESOLVED by the cit"Y Council of the City
of Delray Beach, Florida, that the City Manager be and he is hereby
instructed to proceed with the opening, grading and paving of that
part of Northwest First' Avenue running approximately four hundred
seventy five (475) feet Northward from Northwest Ninth Street to a
width of twenty four (24) feet according to the plans and specifica-
tions heretofore filed with the City Clerk, and a copy thereof filed
in the off'ice ef the City Manager and kept open for the inspection of
the public.
PASSED ~IN REGULAR SESSION on this the 22nd day of January, 1962.
Resolution No. 1380 was unanimOuSly passed on motion by M~.
Talbot and sec~onded by Mr. Woodard.
7.c. There being ho objections to Resolution No. 1374 Ordering the
opening, grading and paving of a pcrtion of alley in Haller& Grootman
Subdivision, City Clerk Worbhing'read
RESOLUTION NO. 1381.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
MANA~GER TO PROCEED WITH THE OPENING, GRADING AND
PAVING OF THE NORTH-SOUTH ALLEY LYING BETWEEN
LOT~ 19 THRU ~7 AND LOTS 28 THRU 36, HA.LEER &
GROOTMAN'S SUBDIVISION TO A WTDTH OF SIXTEEN (16)
FEET.
WHEREAS_, the.City Council of t~e Ci~tF~ of ~Delr~y Beach~ Florida,
did' on the 8th day/of January~.~I962~'~b2 R~gsoluti0n No', 137[~, deter-
mine to pr:oceed .With ~e ~6pe~i~Z~; ~' ad~ng"and p~aging~ Df~h~ ~North-
South Alley lying~betwe~n"L~s !9 ~th~.~.~2? and ~6~s~.~8 ~th~.u 36, Haller
~ERE~S~ ~he R~:~ot~tion pr~..viding' ~herefor.'has hee_n '.duly publish-
ed as requi~%d'~Y' ~h~ Cfty ~Cha~r, ~ogS.ther; with 'a n~tice that ob-
Jections' t:~ 'said: imPro~'ement Woh'id be ~ear~d,:~'and
-6- 1-22-62
January 22, 1962.
WHEREAS, no sufficien~ objections have been made to such pro-
posed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Comncil~ of the City
of Delray Beach, Florida, ~ha~t the City Manager be and he is hereby
instructed to proceed wish ~he opening, grading.and paving 0fl the
North-South Alley lying between Lots 19 th~u 27 and Lots 28 thru 36,
Haller& Grootman's SUbdivision, to a width of sixteen (16) feet,
according to the plans and specifications heretofore filed with the
City Clerk, and a copy thereof filed in the office of the City Manager
and kept open for the inspection of the public.
PASSED IN REGULAR SESSION on this the 22nd day of January, 1962.
On motion by Mr. Talbot & seconded by Mr. Woodard, Resolution
No. 1381 was Unanimously passed.
8.a. City Attorney Adams prepared 'the following resolution at the
request of the Council.
RESOLUTION NO. · 1382.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING A MORATORIUM ON
THE POLICY OF THIS CITY RELATING TO-FURTHER CON-
NECTIONS FOR WATER SERVICE BEMOND THE CORP0~TE
LI}ETS.
WHEREAS, Resolution 1240,' ~as amended, constitutes the present
policy of this City relating to connect-ions for water service outside
the corporate limits of this City., and
WEHREAS, The ~ity Council wishes to study the existing POlicy
for a short period of time in order to determine if the same is in
the best interests of the City$
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU~CIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
1. The present policy of the City of Delray Beach, Florida,
relating to further water connections outside the corporate limits
of the City of Delray Beach is hereby suspended for a period of sixty
(60) days or until the adoption of further legislation on the same
subject, whichever first occurs.
2. Applications may be submitted to the City Clerk during this
interim period; however no further connections shall be granted except
by specific Council Approval.
PASSED AND ADOPTED in Regular Session this the 22nd day of
January, A.D. 1962.
It was moved by Mr. Talbot and seconded by Mr. Woodard t~'mdopt
Resolution No. 1382. Durio~ discussion Mr. Avery pointed out
this resolution accomplishes, over the other resolution, that '~
Council will have the opportunity to consider any application on its
own merits. Upon call of roil, Mr. Avery, Mayor Dietz, Mr. Talbot
and Mr. Woodard voted in favor of the motion and Mr. Warren was op-
posed.
8~.b~ Regarding the Planning Board report on the uae of land along
..... . ~th street from ~winton Avenue t° the'E-4 Canal, it was moved
by Mr. Avery, seconded by Mr. Warren and unanimously carried to
authorize the Mayor to sign the letter drafted by Planning Board
Chairman Paul Enowles to the County CommiSsion of Palm .Beach County.
X. Mr. Avery annoUnced that at the preliminary Council meeting this
._a~t~er~n~on.th? Counc½~' .~ireoted the City Manager to schedule a meeting
wAun zne mac~remas ~lUb for the purpose ~f d~soussing a Red~eation
Center for the west part of town.
Mayor Dietz stated that said' club would be asked to come to a
preliminary Council meeting if that meets with their approval.
1-22-62
January 22, 1962.
9.a~ City Manager Smitzes presented bills for approval as follows:
General Fund $ 1~3,238.52
Water Fund'- *k0perating Fund ~L1',277.26
Special ASaessment ~Pdnd 962'. 76
Refundable DepoSits Fund 4~,482.17
~ Beach Disaster Fund 122.50
Improvement Fund - 2, 586'~ 91
On motion by Mr. Avery and seconded by Mr. Woodard, the bills
were unanimously ordered paid.
X. Mrs. Lora Britt of the Delray Beach News Journal asked what the
matter pertained to where authorization Was' given to the Mayor to sign
a letter w~itten by the Chairman of the Pl'~ing Board, and PaUl
Knowles was asked to read his report to the Council concerning same.
"On October 27, 1961 and again on Nov. 10, 1961 the Planning and
Zoning Board held hearings on a petition from the Lake Ida Shores
Corp. to rezone a parcel of land on the 8curb side of N. W. 4th
Street 195 feet deep by 673 feet long from residentia2 to C-2
commercial ....
"On Nov.~l~th the~ Board rec~ommended toe.the cou~ciI that the
petition be denied, and requested ~a Joint meeting with~ the City
0ouncil to discuss the area along both sides of N~. W. 4th Street
from Swinton Ave. to the E-4 canal.
"A meeting subsequently took place with members of the Council,
Mr. Vogl and Mr. Hagan, owners, the City.Manager, city'O~erk,
and me. Our recommendation for denial was discussed freely.
I proposed that a study be made of the entire area which was
accepted finally by all parties present. This study I agreed
to present prior to Feb. 1st.
"In the meantime I have discussed the plan with Mr. Vogl,
County ~ommissioner Sundy, the County Planning Director,
Munsey, ~r. Baker, Recreational Director, the Planning and
Zoning Board~ and property owners in the area in question.
"By referring ~tO' the attached zoning map you will 'note that
the. annexation of the' 43~ ac~es' of ~he Lake Ida Shores CorP.
into Delray and the 5 acre City owned parcel~ near the canal
that the County properties and two other private tracts are
VirSually SurroUnded " by the City.'"i This must create-certain
· administrative difficulties for both city and coun~yJ 'The
real basis of my plan is the annexation of all county proper-
ties along ~th St. from Swinton Ave. to the E~4 canal.
"N. W. 4th 'Street has long been accepted in our major street
plans as a main access arterial road extending from Swinton
Ave. to "at .least Barwick Roa~ and on thru to the Military
Trail. The Board has done ~11 in its power' to assure at least
an '80 foot R/W in its full length. .The fact that this will
ultimately be a main access to an enormous, area in time to the
-West would indicate that a wide and open approach to this area
W0ul'd be a great asset.
"I have obtained from Mm. Baker comments and plans for the re-
creational development of these areas, which simply show the
'Potential icl this area. .Such development, 'if any, should pro-
ceed with grea~'caution~~ and should perhaps, 'be ~sed on n'~eds
and desiresy of~the area, rather than dirs~tlY imposed on ~them.
Th~s use of the land 'may be required by 'the ~'ounty, in which
case certain development would of necessity have to proceed.
"Should we be fortunate 'enough. to acquire these p~o~ertles thru
annexation ~the force and eff~ot Of 'oUr local ordin~s .can be
imposed and a .~.~gram established %0'clean Up and beautify and
make useful the whole general area.
-8.- 1-22-62
January 22, 1962
"In my conversations along ~he line there has been a very general
agreement that there shoUld be a broad strip from ~winton AVe.
west to the E-4 canal which would remain as a general open strip ·
well planted to trees and remaining primitive, but well kept.
"It should be possible for the City to take steps to acquire
over a period of time a strip at least equal in width to that
now owned by the Lake Ida Shores Corp. South of 4th Street from
the triangles to the East owned by~.the city and back to Lake Ida
Shores property. This would then establish a fine open access
road with adequate ~buffer strip to beautify the entire strip,
and prevent any fur~ther encrcachment by buildings of any type.
"~. strip of this ch,~raCter would have a heavy impact on develop-
ment to the west and North of 4th Street up to the Florida
Country Club and on out to Barwick Road, all of which is and
has been on our overall city expansion plans.
"Such a strip established by the city would permit regulation
of access roads entering 4th Street and establish a fine area
to the best interests of all parties.
"Should this proposal be acceptable to the City a letter should
be directed to the County Commission, Palm Beach County outlining
in full the lands desired and the purpose of such acquisition.
The City should not have too much difficulty in acquiring the
privately owned pieces of county land in this report under our
present annexation procedure."
~. Knowles also read the following letter from Mr. Hugh
Vogl, Secretary, Treasurer of the Lake Ida Development, dated January
21st.
"On behalf of the Lake Ida Development Corp., I wish to ac-
tmowledge, that I am in general agreement with the proposal
as submitted by the Chairman of the City Planning Commission
Mr. Paul Knowles, dated Jan. l~th, 1962 and resulting from
the working session held in the City Hall on December 4th,
"We will be glad to assist the City in the completion of
such program."
The meeting adjourned at 8:55 P.M. on motion by Mr. Avery and
seconded by Mr. Woodard,
ROBERT ~. ~ORTHIN.G
City Clerk
APPROVED:
PROPERTIES IN VIOLATION OF ORDINANCE G-147 AND
SECTION 15-3 & 4 OF THE.CITY CODE
CITY
Q~^.~.. ADDRESS LOT, BLOCK & S/D COD.E
City of Delray City Hall St. R/W S.~.;. 2nd Ave. 3&
Beach Delray Beach, Pla. S of 10~h S~. (~rash)
N 50' of E 131.3' of
Lillian Andrews Apt.18~3 ~D~bar Village N~ of Blk. 16 (1)
West Palm Beach, ~a.
~illie & Estella R~. ~1, Box 93~ S 50' of N 200' of
Sharpe Delray Beach, Fla. E 131.3', N~ of Blk.
Ethel Cartwright P.O. Box 109 S 50' of N 250' of
B~ns Del~ay Beach, Fla. E 131.3', N~ of Blk.
Luella Richardson 5Z~ N.W. ~th Ave. S 5~.5~ of N 30~.5' of
F%. Lauderaale, Pla. E 131.3', N~ of Blk.
~6 (6)
Lois D. Mar~in 1056 N. Dixie N 50' of E 131.3' of
Boca Raton, Fla. W 156,3', N~ of
16 (7)
Lois D. Mar~in 1056 N. Dixie S 50' of N i00' of
Boca Hatch, Fla. E 131.3' of ~' 156.3'
N~ of B~k. ~6 (8) '
Essie May McCray 133 N. E. 12th S~ S 50' of N 150' of
Boc~ Ra~on, Fla. W 156.3~ Less W 25'
of ~ of Blk 16 (9)
Mose a Olive 2~6 N.W. ~h Ave., S 50' of N 200' of
Jonson Delray Beach, Pla. E 131.3' of w 156~3'
N~ of Blk. 16 (10) '
Elois, C, S~rachan P,O. Box 109 S 50' of N 250' of
Delray Beach, Pla. W 131.31, N~ ~ Blk~
~6 (~)
Jo~ a Lillie Mae ~09 S.W. ~th S~., S 50' of N 302,5' of
Fain DelraY BeaCh, P1a. w 131.31', N ~ of Blk
~6 (~)
Delray Beach Land 111 S.w. ~h St., S~ of Blk. 16 Less N
Company Delray Beach, Fla. 100' of 8 20~.88' of
E 135' and Less S 100'
0. D. Priest, Jr. 111 S. ~,~. ~th St., W 50~ of S 100' of
Delray Beach, Fla. ~ of Blk 16 (15)
First Holiness P. 0. Box 1~8 S 100' of E 100' of
Ch~ch, Inc., c/o P,rrine, Fla. S~ of Blk. 16 (17)
A.P. Coleman, Bishop
of Delray Beach
W~Ison R F~ie 237 N,~.'. ~th Ave., N 100' of S 20~.88~ of
Be~et% Dania, ~ori~a E 135' of S~ of
~6 (~8)
Ci~ of Delray City Hall 16' Alley S of S.w.
Be~. Delray Beach, Fla. 3rd St. 305~ of Blk.
16
City of Delray Cit2 Hall St. R/W S.W. 6th Ave.
Beach Delray Beach, Fla. S.W. 3~ St. to
~th
CONT. Page 2
CITY
City of Delray City Hall St. R/~r S.W. 7th Ave. 4
Beach Delray Beach, Fla. S.M. 3rd St. to S.Wo
-'4th St.
Ruby & Prince General Delivery Lots 1 & 2, Blk. 8 4
Storr Delray Beach, Fla.
Gene Moore III as P.O. Box 721 Lots 3,4,5,~,8,9,10
Trustee Boynton Beach, Fla. & 11, Blk.
Matthew Fergan 5257 Sj Ocean Blvd. Lots 12,13,14,15,16,
Palm Beach, Fla. 17,18, & 19, Blk 8
A. Simon Eassa P.O. BOx 35 Lots 20 & 21, Blk 8 4
Delray Beach, Fla.
AA Simon & Linda S. P.O. Box 35 ~'Lot 22 &W~ of 23,
Eassa Delray Beach, Fla. Blk 8
A. Simon Eassa P.O. Box 35 Lots 2~ & 26 and E~
De,ray Beach, Fla. of Lot 23, Bl~ 8
Kenneth & Geneva 215 N.E. llth Ave. Lots 27 & 28, Blk. 8
Russell Boynton Beach, Fla.
A. Simon Eassa P.O. B6x 35 Lots 29,30 & 31, Blk.
Delray Beach, Fla. 8
Alex & Florence General Delivery Lot 32, Blk. 8
Strawder Delray'Beach, Fla.
Gilbert & Postella 117 S.W. 5th Ave. Lote 33 & 34, Blk. 8 4
McCrae Delray_Beach,'Fla.
A. Simon Eassa P.O. Box 35 Lots 35, 36 & 38, Btk.
Delta2 Beach, Fla. 8
Jimr4y & Lucille 17 N.W. 5th Ave. Lot 37, Blk. 8 4
Howard Delray Beach, Fla.
City of .Delray City Hall Alleys in Blk. 8 4
Beach Delray Be~ch, Fla.
City of Delray City Hall ~ Alley in Blk. 88, 3 & 4
Beach Delray Beach, Fla. S from S.E. 3rd St.
· (trash)
Ercole Compitello 25 S.W. 1st Ave.. Lot 13, Blk. 88
Delray Bea~, Fla.
Ezra A. & F.A. P.O. Box 14 Lot 2~, Blk.~ 4,
Brahms l'~est Palm Beach, Fla. Monroe S/D
McKinney, Inc. 2650 ibis D~ive Lots 161 & 170, 3 &
Delray Beach, Fla. Tropic Palms S~D
(trash)
Alfred Hillman 284 N.E. 116 ~t. Lo~s 168 & 169
Miami 38, Fla. Tropic Palms
W 215' of S 59.4' of
K~rl. K. Lohrman 15481, .Piedmont .
ic/o Lohrman Beed Co. Lot 2~
Detroit, Mich. Ocean Beach
Jean Cleaver Box 152 E 60' of w 233.26'
Boynton Beach, Fla. o~ Nh Lot 29 Less St.
· R/W, Sec. 9-~6-43
Lake Ida Dev. Corp.. P.O. Box 1~18 Lots 4,5,6,7,8,9 & 4
Delray Beach,. Pla. 10, Bik. 1; Lots 3,4,
Blk..~_.~..ke Ida Shores
CONT. Page 3
~ CITY
OWNER. ADDRESS LqT, BLQ.qK .&. S/O CgDE
C~ty of Delray City Hall E~ of S~ of Lot 5' 3-4
Beach, Fla. Delray Beach, Fla, Less Co. Rd. R~,
Sec. 8-46-43
Jeannette H. Resor 22 Seabreeze Avenue Lot 2, SeaSpray 4
Delray Beach, Fla. Estates
Mary Jelks Keen Box 722 E 30.02' of Lot 42 4
Delray Beach, Fla. and W 55' of Lot 43,
Delray Beach
Esplande
Boughton Hotel, c/o Colony Hotel, Lot 21 Nb of Blk. 120 3
Inc. Inc., Delray Beach, .(high Pine trees S
Florida Orooerty line)
Lake Ida Develop- P.O. Box 1418 Lots I thru 16 & 4
ment Co. Delray Beach, Fla. 18 thru~28,~Lake
Ida Manor'Add.'#2
Adria & Fred Quick 396 Beechwood Road Lot 1, .Bl~k. 3, 4
Rtdgewood, N.J. Lake Ida Shores
1st Addition
R.Q.T. Research & c/o Fred T. Tector Lot 2, Blk. 2, 4
Development Co. 639 Sunshine Drive Lake Ida Shores
Delray Beach, Fla. 1st Addition
John Krey 5504 Matoaka Road Lot "C", Delray Isle 4
Richmond, Va.
R. C. & Bobble 902 Harbor Drive Lot l, Del~ay Isle 4
Westerman Delray Beach, Fla.
L. E. Jr. &
Beatrice G. Jollade Old Farm Road Lot 2, Delray Isle 4
Darien, Conn.
Nellie I. Brown Southbury, Conn. Lot 21, Delray Isle 4
Margaret Randolph 1447 Waverly Rd. Lot 22, Delray Isle 4
Highland Park, Ill.
Harry & Annie 219 Grays Lane Lot 26, Delray Isle 4
Pierson Haverford, Pa.
Robert & Elizabeth 1883 Wycliff Rd., Lot 46, Delray Isle 4
Hunt N.W., Atlanta 9, Ga.
Booth- esterman, 3 Fisher Lane Lot 47, Delray Isle 4
Inc. Delray Beach, Fla.
Margaret & Wilson 4609 Bayard St., Lot 48, Delray Isle 4
Bailey Pittsburg 13, Pa.
Ernest & Elizabeth 10515 Carnegie Ave. Lot 42, Delray Isle 4
Bright Oleveland, Ohio
Frank DeRice 49 Seasoray Ave., S 100' of W 275' o$ 4
Delray BeAch, Fla. Lot 28, Ocean Be~c~
Tom B. & Mary L. 711 Delaware Ave.~ E 7~' of W 234.46'~ 4
Babcox Akron 3, Ohio of N 159.4' Less N
30', Lot 26, Ocean
- Beach
Lucile J. Nichols Box 414, Delray Beg. @ NW cord Lot l, 4
Beach, Florida Nassau Park ~ 12.96'
N 49.33', W 75', S
128.95', E 83.2', N
79.6' to POB, Lot 26,
Ocean Beach
CONT. Page ~
CITY
O~ER' ADDRESS LOT, BLOCK &.S/~ CODE
Helen E.~ Hoehn 301N. Crestway Lot 4, Blk. H,
Wichita 8, Kansas Job_nB, Raid's
'Village
Arthur w. Hemminger Rt. 2, Oak Harbor, Lot~7, B!k, "H",
Ohio John B. Raid's
Village
Mayfair.Manor Hotel, c/o Felix M. Lots 4 & 5 & S 100, 4
Inc. Orlandella, 1762 of Lot 6, Blk '.'L",
Commonwealth Avenue, John B. Raid's Vil%age
Brighton 35, Mass.
Lorine Harbour Box 194, Marion, Ark. Lot 7, Blk, "L"
John B. Raid's ~illage
Arvida Real'ty Co. P.O. Box iO0, Lot 8, Blk "L", John 4
Boca Raton, Fla. B. Reid'~ Vil!ag~ & pt
of Blk. 135
Thomas G. & Box 696, Boynton Lot 1~ Blk "E", John
Beatrice E. Leek Beach, Florida B. Reid's Village
Herbert H. & 939 S. Ocean Blvd,, Lots 1 & 2, Blk. "H",
Leonie Moffitt Delray'~each, Fla. John B. Reid'~ Village
Malcom J. Gillis 1040 Bayvi~w DriVe ~'. Lots 1,2,3,~ 5, Blk
Ft~ Lsuder~ale, .~orida "N", John B. Raid's
...... Village
~. G. HOlloway, 7Ol S. Ocean Blvd. N 200' of Lot 6, Blk 4
Jr. & Frank Ferris Delray Beach, Fla. N of John B. Raid's
Kennedy Village & N 2Ob' of
Blk. 141
Alfred A. & Myrtle 274 Beacon St., 'Lot 6 Less N ~00' of
A. Stickler Boston 16, Mass. Blk,"N" of~John B.
Reid'~ Vil!ag~ &
1~1 Less N 200'
Joseph Friend 1 Sackett Dr. N 133' of Lot 1, Blk. 4
Larchmont, N.Y. "M", John B. Reid,s
Village
H. A. Bushman P.O. BOx 1703 N 133.99' of Lot 2, ~
Delray Beach, Fla. Blk. "M", John B.
Reid~Village '~
Margaret M. Wolters P. O. Box 852 N 225.80' of Lot 5, ~
Delray Beach, Fla. Blk "M" John B.'Reid's
Village
George W. & Ellen R.F.D. #1, Mays S 110' of N 310' of 4
C. Drake Landing, N. J. .Lot 6, Btk "M",~John
B. Reid,~¥illage &
that pt. of Blk. 142
lyiqg West thereof to
E R/W line of Int~a-
coastal Waterway
W. ~.~'. Taylor 187 Dunvegan Road Lot 6, Less N 310' of 4
Toronto 7, Ontario, Blk "M'% John B. Reid's
Canada Village & that pt. of
Blk'. 142 lying West
thereof~t° E R/W line
of Intracoastal %~ater-
way
CONT. Page 5
CITY
O~'ER, · ~ ADDRESS LOT, BL,O,CK & S/D CODE
Arvida Realty Co. P.O. Box 100 Blk. "B" Less N 7~ - 4
Boca Raton, Fla. R/~ & Less S 178'
of N 185' of E 142'
Margaret M. Wolters P. O. Box 852 Lots 1 & 2, Blk. "D", 4
Delray Beach, Fla. John B. Raid's Village
F. ~!. & Constance A. 22142 Forrest Lane Lot 3, Blk. D, 4
Overesch Grosse Isle, Mich. John B. Reid's Village
Roy O. &' Rachel P.O. Box 8001 Lot 4, Blk. "D", 4
Myers 0rlandc, Florida. John B. Reid' s Village
Joseph A. & Laura.. 2736 W. 61st St. Lot 5, Blk. "D", 4
Blatz Chicago 29, Ill. John B. Retd's Village
Frederick S. Neafie Box 2201 Lot 7, Blk "D", 4
Delray Beach, Florida John B. Reid's Village
Jennie ~%ite 326 81s.t St., Lot 8, Blk "D'; 4
Brooklyn, N.Y. John B. Reid's Village
Franklin ~^'edge P.O. Box 1788 N 200-' of Lot 6, Bik. 4
Delray Beach, Fla. "M", John B. Reid~s
Village & that pt. of
Blk. 142 lying W thereof
to E R~^~ line of Intra-
coastal w/W
Submitted to the City Council by the City
Manager this 22nd day of January, 1962.
~RSOL~ION fi0. 1379.
A ~OLUTION OF THE CiTY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR A~ATING NUXSANCE~
UPON CERTAi~ LA~DS LOCATED ~ZT~IN SAID CITY: SETT~G
O~T ACTUAL COSTS XNCUPJ~ED BY ~AID CITY TO ACCOMPLISH
SUCH ABATEmEnT AI~) LEVYING THE COST OF SUCH ABATE~E~
OF SAID ~ANO~, AND DECLARING SAID LEVY TO BE A LIE~
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF
THE CITY NAN~GER OF DELRAY BF~CH, FLORIDA.
WHE~,AS, the City Council of the City of Delray Beach, did, in
~egula~. an~/~, session held on the . 9~. 9f October.
. _declare the existence of a nui-
sance upo~'~er%a~ lotS:-~ P~Ce~s of land, described in a list sub-
mitred to them, for violation of the provisions of Ordinance G-I~?;
WHEREAS, pursuant to such decla~ation, the Clt~ Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describins the nature of the nuisance and
that they ~ust abate said nuisance with/n thirt~ (30) days, fallin6
in which the Cit~ Oouncil Would have it done, and the cost thereof
would be levied as an assessment agar.nat said property; end
WHEREAS, the ~wne~s hereinafter named did fail and neglect to
abate the nuisance existing upon thei~ respective lands within the
time prescribed in said notice and Ordtmance G-l~7, and the City of
Delray Beach was required to and'did ente~ upon the followir~ le~ds
and incur costa in abating the nuisance existing thereon as described
in'the aforesaid list; 'and
W'.,tF~EAS, the City Manager of the City of Delray Beach~ has, pur-
suant to said Ordinance G-I~? and the City Cha~ter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforeaaid~ said report indicating the costs per parcel of land
Involved,
NO~, TBEREFORE, BE IT P~ESOLVED BY THE CITY OOUNOIL OF THE OITY
OF DELBAY BF~OH, PLORIDA, AS FOLLOW~
1. That assessments in the individual amounts as shown by the
report of the City Hanaser Of tim City of Delra~ Beach, involving the
City,s cost of abating the aforesaid nuismaoea upon the lots or par-
cels of land described in said report~ a copy of which ia attached
hereto and ~ade a pa~t hereof, a~e levied against the parcels of land
described on said report and in the amounts indicated t. hereon. Said
assessments so levied shall be a lien upon the respective . ·
lots and parcels of land described in said re~ort, of the same
nature and to the same extent e~ the lien for general city taxes and
shall be collectible in t~e same manner and With the same penalties
and under the same p~ovisions as to sale and foreclosure as city taxes
are collectible.
2. That the City. Clerk of said City shall, as soon as possible
after the effective date~ record a certified copy of this resolution
~ in the office of the C~erk of the Circuit Cou~t in and for Palm Beach
County, Florida, and shall fuz~lsh to each of the owners named in and
upon said report a notice that the 'City Council of the City of Delray
· Beach, did, on' the 9th of October 1961
steer t~e amatemen~ or a certaln nuisance ~Lsting "on"'tlieir' des~P'lb$O
property and property owner having failed to abate such nuisance,
within the 30 day pe~lod, whereupon .it was abated by the City at costs
shown in said report and such :assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the'assessments contained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after ~ich interest shall acoz~Ae at the rate of 6%
par annum on any unpaid portion thereof.
PASSED AND ADOPTED Ln ~sesaion on the ,22n,d . day of
/s/ Walte~ Dietz
'AT.T: ' ~ ..... ~Zo ~ .............
/s/ R. D. Worthing
Cl~ Cle~ ~' -"~" ~":'-
. COST_OF ABATING NUI.S.ANCE,S,,,, ,U~D..E,R 01~3. INA.NCE
PROPERTY D .F~..C RI_PTION OWNER ASSESS .M~N. T..
Octgber .9~ .!.961 list~.
Lots 97 & 98, Tropic Palms Evans Homes, Inc. $ 10.15
Lot 128, Tropic Palms L, L, &Ethel. J. Stanger 5.58
Lot 129, Tropic Palms Nettle I. Collier 5.58
Lots 132, 133 & 134,
Tropic Palms Horace O. Jeffers 14.73
Lots 135 & 136,Tropic Palms Emerson C. & Unie Ohurch 10.15
Lots. ~4o, ~3
Tropic Palms Evans Homes, Inc. 16.73
Lots 141 & 1~6, T~opic Palms ~. J. & Estel~e M. Binder 11.15
Lot 142, Tropic Palms /×Acme Roofing COmpany 5.58