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04-23-62 APRIL 23, 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, City Attorney 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 the Reverend Ralph Johnson. 2. Regarding the appointment of a Fiscal Agent, the April 12th, 1962, minutes were amended as follows: Mr. Avery moved that Goodbedy & Company and B. J. Van Ingen & Company, Inc., be appointed as the Fiscal Agent for the City. The motion was seconded by Mr. Woodard and carried unanimously.~ Concerning Item 9.a. on Page 8 of the April 9th, 1962, Council Minutes regarding Permissive Use for s Day Nursery for pre-school age children on Lot 26, Block 10, Del Ida Park, Mr. Woodard moved that in addition to accepting the Planning Board Report, to authorize and instruct the City to issue a license in accordance with the Plan, ning Board recommendation. The motion was seconded by I~. Talbot and carried unanimously. On motion by Mr. Warren and seconded by Mr. Woodard, the minutes of April 9th and 12th Council meetings were unanimoUsly approved as amended. 3. Mr. Harry Brock, who lives at the intersection of N. E. 2nd Street and Swinton Avenue, asked for the traffic situation to be studied and endeavor to alleviate some of the traffic hazard at that location. Ma~or Dietz informed. Mr. Brock that this subject had been discussed today at the preliminary Council meeting and that the Council has put in motion, at least the first step, of having a traffic light installed at this location. 3. Mayor Dietz announced that Agenda Item 8.c. regarding further consideration of second and final reading of. Ordinance No. G-437 concerning drainage assessments, deferred .at the previous meeting, :- ' would be considered at this time. ~. Mayor Dietz stated that .it has turned out that the Engineers had. not included a portion of the designated drainage area in the description and map. that wasfurntshed to the city, and thm~ mistake would be paid for by the Engineers which would somewhat reduce the · 'cost per square foot of assessment. Also that the Council. is looking into the possibility of a 40-60.percent of cost-sharing instead of the 20-80 percent that had 'been set up and further that they would endeavor to work something out on the interest charge that would benefit the property owners. Mr. C. W. Hill presented a written protest concerning the as- sessments for this ~torm Drainage Project and also objected Vorbally~' Mr. Woodard moved that Ordinance No. G-437 be brought from the table and said motion be rescinded. The motion was seconded by Mr. A'very and carried unanimously. Mr. Avery then moved that Council action on March 26th, 1962, placing Ordinance No, G-437 on first reading,.be rescinded. The motion was seconded by Mr. Woodard and-carried unanimously. Many people were present to protest the proposed drainage as- sessments, but rather than each individual register their complaint they were asked to stand ~nd be recognized as a body. Mayor Dietz pointed out that there would necessarily be an as- sessment against property owners for this drainage project, but that the Councll is trying to work it out in the best interest of the citizens. 4-23-62 April 23, 1962 Mr. & Mrs. William C. Hill, Mr. & Mrs. Max Woehle, Roy Brady, ~ Paul Herig, Grover Baker, J. L. Patterson, Harry McKean, Harry Brock and Walter Seymour, did make comments, the majority of whom objected to the proposed drainage assessment roll, and felt that the city as a whole should bear thecost of this'improvement through the general fund. ' Mr. McKean 'displayed amap showing the:drainage district and other data and brought to 0ouncil attention numerous'questions that had been presented to him by property owners, as well as other drain- age information. Mr. Seymour stated that ~the basic problem was along N. E. 2nd Avenue and felt that it was no more his problem than 'any other resident, but that he was willing to pay his share. Mr. Seymour further commented: "I'think the crux of the thing is that the town is growing up, and we do have good engineering facilities now, but. it wasn't very long ago that it was no problem for anyone to throw a little rock on the street and call it a street, and dedicate that street, and sell lots on that street, so the fact remains that the problem area that has been the problem for previouScommissions was a result of no engineering. The people'came in, they pick a low area, they put a little rock on it, and suddenLy'it grew up into something without engineering of any type. ~Now, you are asking the immediate surrounding people to pay for what we didn't get at that time. When that area was developed it was Just another street and it was a va- cant lot Just a few years ago, but now it suddenly developed and you've got lots more outfall and it drained into that particular area. You are picking Just a little area around here problem." Following further comments, Mr. Seymour stated that he felt this was a community problem. Mr. Paul Herig of 218 N. E. 12th Street, who does not live or have property in the designated drainage area, stated that he felt the property values in the area would he definitely increased where the people benefit by the drainage, bmr did feel that all properties in the drainage benefited equally'. Mr. HePig questioned whether the Council would consider basing the d~ainage cost on the value of the property instead of the square footage, and in that way place the greater cost on the ones who derive more benefit instead of the un- improved property on the outskirts of the.drainage area sharing equally in the cost. Mr. Baker expressed his opinion that the property owners who have lawns or unimproved property should not pay the aame~mount on a square foot ~rate as a developed shopping center or imp~ed busi- ness property where all the' water iS shed lnto~the streets. The CityManager stated that the Engineers are going'into this matter in detail, and that a report wiX1 bebrought to'the council on May 14th, Mayor Dietz stated that he was interested in the final solution being one thatDelray will be pleased with. 3.a. A roll call showed that the following organizations and repre- sentatives were in attendance: Chamber of Commerce Kenneth Ellingsworth Optimist Club WllliamH. Cahoon Kiwanis Club Martin Livingston Seagrape Garden Club I~s. James Bowen Delray Beach Elementary P.T~A. i~rs. Richie Knapp Business & Professional Women's Club. Mrs. Clarence Bingham V.P.~W. Clarence Bingham League of Women Voters Mrs. Charles Cross Jaycees Charles Gwynn Plumosa P.T.A. Bryant }~ers ~mmn,s Club ~.Mrs. L. E. Buel -2- 4-23-62 Aoril 23, 1962 ~ 4. Mr. Warren read She following Beautification Committee meeting minutes of Thursday, April 19th, 1962. "~mbers present were: Lora Britt, Bud Merritt, Wade Cartee, George Warren, MarJorie Evaul, Jim Smith, Clarence Galinat and guest, Dorothy Stollenwerck. 1. "A discussion was held concerning the installation of parking area adjoining the lawn bowling lanes. ~. Warren indicated that he would look into this matter. 2. "A motion was made by P~. Galinat, seconded by Mrs. Evaul that a recommcendation be made of the city to remove and replace the royal palm located in city right of way near the residence of Mr. Norman Patch, 1014 Seagate. Motion passed. 3. "A request from Dorothy Stollenwerck that a.base be added to the blue star memorial sign in the north island was tabled on motion by ~. Merritt, seconded by t~r. Galinat. ~,~. Merritt and Mrs. Evaul were to report back to the committee at its next meeting. ~. "A motion was made by Mr. Galinat, seconded by ~.~. Merritt that a recommendation be made to the city to purchase the trash cans now located in the beach area. Motion passed." Concerning paragraph 1, Mr. Warren reported that the Engineering Department was waiting for the winter season to be over before pro- viding the paved parking area. Concerning paragraph 2, it was reported that this would be taken under consideration for further study. Concerning paragraph $, it was moved by M~. Warren that the six trash cans that have been tried on the beach and found very satisfac- tory be p~rchased and paid for by the Beautification Committee, in accordance with the lease-purchase contract. The motion was seconded by ~. Avery and carried unanimously. 6.a. City ~ianager Smitzes presented a request for. Beer & Wine License, ~ consumption off the premises, for a new store ~nown as Al,s Thrift '~arket, located at 1028 West Atlantic Avenue, by the owner, Joseph J. DiMarzio. The City Manager stated that the usual investigation of all parties concerned had been completed and approved by the local Police Department, as well as the State Beverage Department, and re- commended that such license be granted. On motion by Mr. Avery and seconded by Mr. Talbot, said request for Beer and Wine license was unanimously granted. 6.b. The City Manager presented a request from Tastee-Freez to operate a mobile unit in the West Sector of town during evening hours. Council attention was called to Section 18vl4, Peddlers limited to daylight hours. The request was unanimously denied on motion by Mr. Avery and seconded~by Mr. Woodard. 6.c. City Manager Smitzes presented a survey report of alleged Nuisances 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 Mr. Talbot, seconded by Mr. Woodard and unani- mously carried to direct the City Clerk to comply with Ordinance No. G-388 as applicable to this Nuisance survey report. ~ (copy of Nuisance survey is attached to and made a part of the official copy of these minutes.) See Page IOOA 6.d. City Manager Smitzes informed the Council that Terminal Transport Company, Inc. had deposited $36,000.00 with the City as a base bid for a certain t~act of City owned land in the S. E. ¼ of Section 18-46-~3. Mr. Woodard commented and moved as follows: "Mr. Mayor, in accordance with Terminal Transport's written and verbal guarantee that they '3- ~-23-62 April 23, 1962 would ~tilize this property for the development of a $200,000.00 terminal to be established here ~elray Beach for a portion of a nation wide concern, that we acc~Terminal TranSport's deposit of $36,000.00 and that the City Administration be authorized to proceed with legal proCeedings to make this property.available for bid, ~ that .we fUrther state at this ·time that the purpose of accepting'1~ls is not for saleOf the property as such, but to utilize the property for the benefit of the City." The motion Was SeCOnded by Mr. Avery. During discussion it was stated that there was discussion with the City Attorney about· proper procedure to follow to guarantee develop- ment of this property·if it~ is sold. Upon call of roll, the motion carried unanimously. 6.e. City Manager Smitzes read the following ~etter from the Florida East Coast RailWay Company, dated April 4, 1962. "The Florida East Coast Railway Company has a number of lease agreements with cities and counties, at a nominal rental of !ii. O0 per year~. ~i?~ "The Management of the Florida East coast Railway Company w~i8'·I appreciate your agreeing to Paying 35.00 in advance to cover the rental for a five-year period, starting in the year 1965, upon the anniversary date of such agreement, if your municipality is involved. For the period between 1962 and 1965, the payment will be for a period between the anniversary date and 1965, in the majority of cases, would be for three years. "This is requested in order to reduce the cost of billing, ac- counting and ~ailing, all of which would be benefiCial to both the Railway and the go~ernzaental agency involved. "None of the above, of course, will change the stipulation in the agreement concerning termination, or cancellation of the agreement and, in the event.of such te~raination, or cancel- lation, coming after payment has been!made, refund will be made of.the amount due. "It is hoped you Will appreciate~the saving in time and expense, and if you are agreeable to theabove procedure, the Accounting Department of the Railway will be instructed tostart new billing, upon the anniversary date of the agreement involved. "Please sign, and return to me:, the carbon cop2 of this letter, enclosed for that purpose, evidencing your acceptance to the above suggestion. An early reply will be appreciated." It was moved by ~. ~very, seconded bY Mr.·Talbot and unanimously carried that the City Administration be directed to execute the Lease Agreements as requested. ~.. Kenneth Ellingsworth asked if the Council would consider writing to the F.E.C. Railway Coz~any at this time·asking them to provide better service at'their Sta~Jf6n~here in Delray Beach, that the Ch~aber of Cozmaeroe~had made'severaI-attemptS with no results as yet. It was suggested 'that the Chamber of Commerc~ give the City a-letter specifying their request in~0rder~that the City raay be specific in their request. 6.f. City Manager Smitzes lrLformed the Council that it Was the re- commendahion of the remaining Civit.serwi'ce Board members that Mr. King Cone be reappointed to the Civil Service Board for a four year term. ~. Woodard moved for the reappOintment of ~, Cone to the Civil Service Board for a'four~year term, the motion being seconded hy Mr. Avery and unanimoUsly carried. ?.a. City·Clerk Worthing presented a request from ~. Warren R. Williams for the rezoning °f Lots 38 and 39, Haller-Grootman S/D fromR-2 to R-3 Zone, and stated that in accordance with Charter provisions, the Council may deny .said request, or refer same to the Planning/Zoning Board for Publichearing ~o be held thereon. Mr, Avery moved'that the request be referre~ to the Planning/Zoning Board. The motion was seconded bY ~. Woodard and carried unanimously. -4- 4-23-62 Aoril 23, 1962 7.b. The City Clerk read the following letter from the Fl~ida State Road Department, dated April 9, 1962. "You have no doubt observed, with gratification, press notices of the Governor's orders to enforce outdoor advertising laws. You will appreciate that this decislon~is a result of public safety demands that only official signs be allowed within right of way limits. Also, that other, flagrant violations of the ad- vertising laws must be prevented. The safety of the motoring public is seriously endangered by illegally erected signs on highway right,of-way. These laws were passed for safeSy reasons and every effort will be made to carry them out. "Clean-up will begin on the primary highway system April ll, 1962, starting with U. S. # l, from Sebastian, Florida in Indian River County, to Key West, Florida inMonroe 0ounty. Legally erected and license8 signs will not be disturbed. "The enforcement procedure will be broken down into three phases as shown below: 1. The cleaning up of Florida's primary highway rights of way by removing commercial signs that require no notices, together with portable signs. 2. The reworking of the primary highways and the inspection of all signs for correct distance from the right of way and the proper license. 3. Follow-up action by-the inspectors to determine whether notices have been complied with. '~/our wholehearted cooperation in this.endeavor is solicited." It was moved by Mr. Avery that the Florida State Road Department be apprised of the Council's wholehearted cooperation in their en- deavor. The motion was seconded by ~. Warren and carried unanimous- ly~. 7.c, City Clerk Worthing read the following letter fron~ Mrs. Jean H. Tiedt, dated April 17, 1962. "Due to a sudden illness on Saturday, April 14, it became necessary to call for help from the Delray Emergency Unit. "Within two minUtes the policemen.and firemen were there and we wish to thank and commend both units for their prompt- ness and efficiency in answer to our call." Pk. Avery moved that the City Manager be directed to not only commend the departments, but to see that the individuals are singled out. and cmumended for this good publicity that they gave the City. The motion was seconded by Mr. Talbot and carried unanimously. 7.d. The City Clerk read the following letter that had been received from Mr. John Banting, Commodore of the Delray Beach Boating & Sports- man's.Club, dated April 18, 1962. "The Delray Beach BOating and Sportsman's Club wishes to ex- press their great appreciation for the splendid improvement for the S. E. 10th Street Intercoastal boat ramps. The splendid spirit of cooperation shown to us is most commend- able to say the least. "A special thanks should be extended to County Commissioner Ben Sundy, Paul Goss and Roy Roseke without whose cooperation this wonderful improvement would not have been possible." Mr. Talbot moved that the same action be taken on this matter as on the.last motion. The motion was seconde~ .by Mr. Woodard and carried. ,unanimous ly. -5- ~-~3-6~ April 23, 1962 8.a. City Clerk Worthing read ORDINANCE NO. G-440. AN ORDINANCE OF T~ CITY 0F DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. G-~I1 OF SAID CITY WHICH PROVIDED FOR A CITY PURCHASING SYSTEM, INCLUDING COMPETITIVE BIDS AND CONTRACT PROCEDURE; AND PRO- VIDED AN EFFECTIVE DATE; BY AMENDING THE TITLE AND ORDAINING PROVISION ~{EREOF. Ordinance Fo. G-440 was unanimously placed on first reading on motion by ~ir. Woodard and seconded by Mr. Warren. 9.a. See last page of minutes. 9.b. The City Clerk read the following Planning Board Report dated April 7, 1962 and then read ORDINANCE NO. G-4~l. "On March 30, 1962 the Planning and Zoning Board held a hearing on a request from Mr. D. E. Colman to rezone Lots 21 and 22, Block D, Palm Beach Shore Acres (known as the Roig property) from R-IAAA to R-3 together with a request for a conditional use of said premises as a private club. "Thirty two people were notified to appear. Four letters of objection were received. ·A letter of Objection from the Beach Tax Payers League was also admitted. Two or three objections were received from the floor. One person approved for himself and stated that seventeen residents ~of the Southampton also approved. "At a ·special meeting on April 6, 1962 the Board voted Six in favor, and one opposed to recommend that Lots 21 and 22 be zoned to R-3 under the conditions that the City will grant the permissive use of the property for a private club and also specify that club shall be completed and operating prior to ~.~,n. 1, 1963. ~f. these conditions above are not met by this ~'te the property shall remain as R-1AAA. (The Board recommends the permi~sive use be granted.) "The Board as a whole feel that it is very much in the public interest to have a clUb of this type available to the citizens of Delray Beach which can be a source of pleasure and benefit to the membership. There are very few available sites for such a club available and this appears to be well suited for such use. We would fully expect that the management of a club of this nature would operate in an orderly manner and establish necessary by laws and regulations for the pro~ection of its members as well as the surrounding area. "Should the club in time cease to operate as a club we feel now that the property shoUld logically remain as R-3. The club has every indication of success and this should carry on for · many years to come and remain much as is." ORDINANCE NO. G-441. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORID~, REZONING AND PLACING LOTS 21 AND 22, BLOCK D, PAI2,~ BEACH SHORE ACRES, IN "R-3" DISTRICT, AND A}.~.-I~DING "*~ZONING MAP OF DELRAY BEACH, FLORIDA, t960". Ordinance No. G-441 was unanimously placed on first reading on motion by Mr. Warren and seconded by Mr. Avery. 9.c. The ·City Clerk read the following Planning Board Report dated April 7, 1962. "On March 30, 1962 the Planning and Zoning Board held a hearing on a request for permissive use to permit limited sales of Marine supplies at the city yacht basin and for the expansion of the improvement located on the following described land: -6- 4-23-62 '9? April 23, 1962 "That tract of city owned land lying between S E. 1st and 2nd Streets, and bounded on the West by Block i26 and on the East by the Intercoastal Waterway.~ "Twenty people were notified. Thre~ letters objecting were received and fiveI Objections were received from the floor. "At a special meeting on April6, 1962 the seven members present voted unanimously to recommend that the amendment to lease subrmitted .by Mr. John W. Spinner, attorney for Jarman and Maryon Smith, and ~dated January 24, 1962 be~ approved. "Since this is the only existing boat dock in the City limits the Board feels that it is in the public interest that s~ch a dock be made as attractive and convenient as possible for boat owners visiting our city." ~. Woodard moved for acceptanbe of the Planning Board Report and granting the Permissive Use as indicated per their request. The motion was seconded by Mr. A4very and upon call of roll, ~lr. Avery, Mayor Dietz, Mr.. Talbot and ~ir. Woodard voted in favor of the motion and Mr. Warren was opposed. I.~. James Bowen, who owns property at 110 Marine Way, questioned whether a better procedure could be worked out in the way that public hearings are conducted by the Planning Board in that the person, or their representative, making the request that the public hearing is being held on should be present at said hearing, in order that ques- tions may be answered. It was suggested that the Planning Board be apprised of this citizen's objection, and it be referred to them for their Judgment and action in the future. X.' City Clerk Wot'thing informed the Council that thru the efforts of the City Attorney, a petition for' annexation of prOPert2 between AIA and the Ocean had been received, and the following Annexation' Ordinance had been prepared. ORDINANCE NO. G-~3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~EXING TO THE CITY 0F DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE ~3 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE ~ BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLI- GATIONS ~OF S~ID LANDS; AND ~ROVIDING FOR THE ZONING THEREOF. It was moved by ~. Woodard and seconded by Mr. Avery that Ordi- nance No. G-~d~3 be placed on first reading. ~. Warren questioned the conditions as set forth in Section 5 of said Ordinance concerning the existing bonded indebtedness. Upon call of roll, ~. Avery, Mayor Dietz, ~. Talbot and Mr. Woodard voted in favor of the motion and Mr. Warren was opposed. X. Mr. Woodard commented as follows: "As a result of the City's effort, and the City's committeeS, and the efforts of individuals in the City to provide a broader economic face for the town, to attract business to our community, there has been a number of zoning ordinances which have come to our attention, and in order to bring several of these zoning ordinances up to dat~, I would like to have the following items referred to the Planning/Zoning Board for their consideration at their earliest convenience, and if at all possible, referred back to us for action at our next regular Council meeting. Item 1. I would like to see provided in our zoning an ordinance which would enable the city to rezone any specified property at such time as specific developments, which would require rezoning, would be completed. This would be in line withexiSting County Zoning -?- 4-23-62 April 23, 1962 Ordinances and would provide ue for a positive development in such areas and along specific lines which would be acceptable" &tom 2. Clarification of our 0-2 Zone which provides for service industries. There are now industries as such which exist that did not exist at the time of our setting forth of our C-2 zone such as electronic concerns. We need to provide an area in town in which these concerns can be located. Item 3. I would like the Board to consider elimi- nating from Our OrdinAnces 29-?.5 Subparagraph (12) (b) specifically, and I quote:'Trade shops but no more than five craftsmen or mechanics on the premises.. In other words, in our C-2 Zone, we are limiting trade shops to a maximum of five employees. This rather arbitrarily limits the growth of existing businesses, and also prohibits many larger concerns from locating in the town." The m0t~on was seconded by Mr. Avery. When asked ab'out the motion, Hr. ~oodard stated: "The motion iS that the items which I have Just mentioned be referred to the Planning/Zoning Board for their consideration at their next meeting, and that they submit to us by our next meeting, their recommendation on these-specific matters." Upon call of roll, the motion carried unanimously. X. City Manager Smitzes Pead the following letter from Mr. William F. Koch, Jr., dated April 23, 1962. "In conjunction with the. two program~ being undertaken by the City of Delray Beach and the Chamber of Commerce to obtain in- dustry and to plan for the future growth .westward of the cit~, I would llke to. offer a tract of undeveloped acreage located on the attache~ map for industrial purposes. We all realize to bring in industry to Delray that we must have land at a price that will compete w~th neighboring areas. Therefgre, I am willing to sell the subject property at a figure of.$3,000.00 an acre to desirable industries that will come into the area. This is subject to my obtaining an.option on the said property from the owners who have already indicated their willingness to help our community and I am sure the option will be forthcoming as long as the city feels that this is the desirable location for induStry and will recommend the same to the County." Mr. Woodard commented on what had been presented and discussed at a meeting concerning this subject, and then moved that the Council express a favorable opinion to the development of these areas in line with the overall .expansion and groWthplans .for the. westward area, ~ and that it:be indicated to this individual that th~' Council is re- ceptive to his develoPment Of the. area. Mayor Die~z reIinquished the chair and Seconded the motion with the stipulation~that Mr. Woodard, together with the City Hanager~ write the letter. Mayor Dletz further stated that the purpose of the.letter, as he under- stands it, is to give encouragement to the gentleman that represents the Industrial.Division of ~he chamber of Commerce so that when he is in New York talking to executives that he can overcome the feeling that is generally'prevelent now that the environment of Delray Beach is not a happy place to look intO. The motion carried unanimously. X. Mr. Avery moved that the Council be instructed to execute an agreement to a stipulatio~ 6riginated by Ocean Ridge that an appeal instituted by Ocean Ridgebe dismisse~, further that mandamus action before court also be dismissed per verbal agreement including zoning change. The moti~n.was seconded by Mr. Woodard and carried unani- mously. 10.a. CitY Manager smitzes presented bills for approval as follows: General Fund ~96, ~0~. 09 · On~otion by ~. Avery a~d seconded by Mr. Woodard, ithe bills were unanimously ordered paid.~ CityManager Smitz~s then presented the following bills for ~pproval: Water Fund -~ OPerating FUnd. ~ 15,4~9.20 Water RevenUe Cert.-Series 19%7 . Interest & Sinking.Fired. %6,~442.53 Special Trust'A~count'Delray Beach National Bank. 225,000.00 ~8~ 4-23-62 April 23, 1962 Special Trust Account,Flrs$ ~i~ National Bank. ' 225,150. O0 Special 'Assessment Fund. 3,981.90 Refundable Deposit Fund. 8,976.80 Beach Disaster Fund. 1,114.44 Improvement ~und. 1,982.96 On motion by Mr. Woodard and seconded by ~r. Avery, the above bills were unanimously Ordered paid. 9.a. The City Clerk read the following Planning Board Report dated April 8, 1962, and then read RESOLUTION NO. 1397. "I wish to advise you that the Planning and Zoning Board approves of completing So E. 6th Street from Federal Highway th~u to S. E. 4th Avenue. "The Board has a number of high priority street improvement pro- Jects, but there appears to be no funds available for these at this time and work cannot logically be done until the sewer pro- Ject is determined°" "The above work on S. E. 6th Street will make a good addition to the street system." RESOLUTION NO. 1397. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTII~ATE OF COST TO OPEN, GP~DE AND PAVE THAT PART OF SOUTHEAST SIXTH STREET LYING BETWEEN SOUTHEAST FIFTH AND SIXTH AVENUES. WHEREAS, 'the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public to open, grade and pave that part of Southeast Sixth Street lying between Southeast Fifth and Sixth Avenues to a width of twenty- four (24) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands a- butting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida as follows: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the Cost of such improvemen~ to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this the 23rd day of April, 1962. Resolution No. 1397 was unanimously passed and adopted on motion by ~Lr. Warren and seconded by PLr. Avery. The meeting adjourned at 10:45 P.M. on motion by Mr. Avery. R. D. WORTHING City Cl~rk APPROVED: -9-. 4-23-62 '1_00. PROPERTIES IN VIOLATION OF ORDINANCE G-147 AND SECTION 1~-3 a [~ 0~ TE~ CITE CODE ~ ~D~SS L~, ~K a $~ CODE M~le M. Ra~h~ 1619 Hill S~ree~ L~s 9 & 10, BI~. et ~ MoKe.eapo~, ~a~. -- pal ~ Park Charles A. ~ ~ 7~ Smallwo~d Drive ~. ~0., Ele~ M. Keller Sneer ~1, N.Y. ~ropic ~sle A~a ~M. Sola JeSse7 '~i~y, N. ~. Mario &"Elizabe~h ..82 Sc~aalenbU=g 'Rd~ ~t 398~' Si~inolfi ~wor~h, ~. J~ ~r~i~ Isle Elsie ~p~eir ~ew S~ews~ry, N. ~, ~ropic Isle No~h Tropic Isle, 3~O~ S. Pe~. H~. ~ta ~01,~0~,~03,~06, Inc. Del~ay Bea~, FIi. ~07~.~,~82~3,~, C. S. Pr~o 1122 S~. Cat~rine Lo~ ~O~, o/o Fr~ D~ioe St., West T~opio Isle Montreal, M~ay a Bla~he Z~O West 57th St., ~t ~0~, Silver a Her~rt New Yo~k, N.Y. Tropic Isle a Barb,s Berger ~mas R. & Z3~35 Marshall St, ~ts ~,~15,~16, Gladys L. ~phy .~ear~o~,~ ~iOh~ T~opio Isle Arth~ a ~a ~ok ~3 LeRoY AVe. ~t ~77, Darien, ~o~; TrOpic Isle Jo~ P. Huok 53 ~Roy Avenue Lot ~78, c/o A. Huok Darien, Co~. Tropic Isle Marko a Albino ' 681 Blvd, East. ~t k79 B~atovioh Wee~en, N. J~ Tropi~ Isle Fred A. & 119 Hague Street ~t ~80 Artemisia Blde~. Jersey. City, N.J. Tropic Isle Thomas J~ a P~ovinoe Li'he Roa~ Lots~ 1 & Rose O~er ' . Princeton, .N~ J~ Block 17 c/o Oerama B. .... ' ~ber~, :Esq. ' "" ~hed~Iok Faahaw ~1 S~W. 5th Aven~ Lot 4~ De~ay Beaoh, Pla, Block 17 Charles Cart~igh~ P.o. Box 109 ~t 7~ Delray Beae~, ~la. Block 17 J~ea · a~e Ha~o~ ~2~ N.W. 5th Avenue L~ts 8 · 9, De~ay Beach, Fla. Block 17 ~te Bry~ 1529 Wes~ Ad~s St. ~ 13, Ocala, Florid a Paradise Lizzie a R~setta c/~ Gen. Del. Let 17, McDowell Delray Beach, Fla~ Paradise He~h~s Del~ay Beach ~rov~ Bo~ 1~33~ . ~ts 19 merit, Co~p. De~ay ~acn~ Fla. ~aradise ........ {ViOlation. Su~it~ed to the City Co~cil by the Ci~2 M~ager this 23rd day of April, 1962, n~S~t~TZO~ ~o~ %399 followst ~ets the~ ~o~eBo$~ .qualt~tcations. and Beach fr~.SUeh'."ippli~;~on the f~Xl~w- ~hit S~c~on 3...o~.R~o~ut$on No.. 1390 'be~ and s~e,. ia herebF ~ende~: to ~6a~~ hs. fello~: ~ndat$o~, t0 ~o'.~'$ty Co~o~t fo~ deOi- sio~ and upon ap~Oval, ~s autho~iz~'d tO e~e~ into .an a~e~t with Such