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02-20-61SpMtg FEBRUARY 20, 1961. A special meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, City Manager George Mingle, City Attorney Richard F. Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, John A. Thayer and Glenn B. Sundy being present. An opening prayer was delivered by the Rev. Andrew Solandt. On motion by Mr. Sundy, seconded by Mr. Thayer and unanimously carried the minutes of February 13th, 15th and l?th meetings were approved subject to an amendment to the minutes of February l?th regarding discussion about the Insurance Committee that had been appointed last year. Mayor Warren read the minutes of ~he Beautification Committee meeting of February 16th as follows: "Members present were: Lora Britt, Bud Merritt, Charles Toth, Gladys Little, Ed Schmidt, Alfons Bach, Joe Sante and Paul Knowles. Guests included Mr. Bruder, Mr. Peen and Mr. Dummett. "Since a number of the beautification projects for the future will be within the county, the Secretary was asked to request Mr. Ben Sundy to Join ~he Committee. "A discussion was held concerning the duties and position of Mr. Sante since his appointment by the City Council. It was decided that the Secretary and Mr. Sante would meet with the City Manager for clarification. "The necessity of establishing a city nursery was agreed upon by the Committee. Mr. Sante was asked to investigate this ma~ter. "The Committee re-emphasized the immediate need of procuring a landscape architect to lay out the City Hall, Community Center and approach islands to the city. "Mr. Toth and Mr. Merritt were appointed to a sub-committee to study and carry out plans for the unified civic club signs and the tWelcome to Delray Beach, signs. "A discussion was held concerning the formation of a master plan for future beautification projects. This matter was tabled for study until the next meeting." Regarding the location of a city nurser~ it was suggested that the City owned property formerly used by Boone's Nursery in the South- west section of town be used for this purpose. It was moved by Mr. Campbell that the Director of Public Works be authorized to give the use of this land to the Committee to be carried on under his supervision and Mr. Santels, as requested. The motion was seconded by Mr. Thayer and carried unanimously~ Regarding a landscape architect to lay out the City Hall, Com- munity Center and approach islands to the City, Mr. Swan Brown sub- mitted his contract form which calls for such charges as 2% for preliminary planning, 4% for drawings to actually get the planning in process and 4% for supervision. This percentage is based on the estimated cost of the job to be done. Following discussion it was moved by Mr. Sundy that the services of Mr. Swan Brown be engaged concerning landscaping at the City Hall, Community Center and North and South approach islands to the City, subject to proper contract being prepared by the City Attorney. The motion was seconded by Mr. Avery and carried unanimously. M~yor Warren informed the Council that it had been suggested by a citizen of Delray Beach that a letter be written to the Florida Power & Light Company asking them to give a figure of cost for leasing, renting or obtaining the same type of lights that we now have on East 5th and 6th Avenues; on Ocean Boulevard North and South for a mile and on Atlantic Avenue West to Swinton, also on 2-20-61 FEBRUARY 20, 1961. Atlantic Avenue Vest to the City Limits. It was moved by Mr. Thayer that the City Manager write a letter to the Florida Power and Light Company asking them to give a figure of cost on these three different requests. The motion was seconded by ~. Avery and carried unanimously. M~. Worthing read the following bids that had been received for furnishing all labor and materials necessary for the construction of 528 feet of fencing at the Teen Town Recreation Center: Chastain Fence Co., Inc. $ 1,194.00 Del~ay Fence, Inc. 1,190.00 Edwin Wilson & Co. 999.00 Service Iron, Inc. 1,058.00 It was moved by Mr. Campbell, seconded by ~. Thayer and unanimously carried that the low bid be accepted. Mr. Worthing read the following bids that had been received for furnishing ~2 items of t~affic sign equipment: NSE Signs & Stampings $ 1,8~.20 Dixon sales Corp. 1,552.02 Ellis & Ford Supply Co.. 1,257.10 Sargent & Sowell, Inc. 1,500.56 Utility Supply Co. 1,4~14.%6 Miami Fire Equipment, Inc. 1,2~1.32 It was moved by ~. Thayer, seconded by ~. Avery and unanimously carried that the bid of Ellis & Ford Supply Company in the amount of $1,257.10 be accepted. City Manager Mingle read the following letter from the Delray Beach Fire Department, signed by Chief Gregory and dated February 16, 1961: "Dea~ Mr. Mingle: "As you know by previous discussion, our Fire Department and the City of Delray Beach will be the hosts for the FLORIDA STATE FIREMEN'S ASSOCIATION, INC. Convention May 4th-Sth-6th of this year. We expect approximately 400 visiting delegates for the three day period. "The expense to the Fire Department will amount to approxi- mately$3,000.O0. Revenue expected through registrations and the Ad. selling campaign, approximately $2,400.00. We are faced with a possible deficit of ~600.00. We plan on a Dinner, Dance, Beauty Contest and a Tour of points of interest in the area, as entertainment features. "We plan to use enough space in our Ad P~ogram to show pictures of our City Councilmen, City Manager and a map of the City to well advertise Delray Beach. "The City as a whole, benefits from this Convention, as we feel the City Council will be glad to help share the Cost. "We request that the City of Del~ay Beach donate the amount of $200.00 to help defray expenses for the convention." Mr. Campbell moved that the Council make this $200.00 donation to the Fire Department; also ask the City Manager to put everything possible behind finishing of the Community Center Building so that at least the assembly hall may be available for the convention. ~. Avery in seconding the motion stated that he thought our Fire Department had done a wonderful thing for the City as a whole in having this con- vention in Delray Beach and should be of much interest to the Chamber of commerce also and hopes that if the Fire Department gets into financial difficulty they will feel free to come to the Council to see if the Council and Chamber of Commerce will help them. The motion carried unanimously. Regarding consideration of bids received for alterations and · additions for the Scout Hut, Mr. Avery moved that this item be tabled in order to have a conference with the Scout Masters, including the Cub Scout Masters, and the City Manager set up said conference this week if possible. The motion was seconded by Mr. Sundy and carried unanimously. 2 ~_~_A~ FEBRUARY 20, 1961. City Clerk Worthing~ submitted the following petition that had been received, dated February 8, 1961: "The undersigned,- Earl Wallace Ford, Inc., J. D. Stetson Coleman, Florence F. Cr~m~ and A. G. Ranson Join together in requesting the vacation of the right-of-way of N. E. ?th Court from N. E. 6th Avenue to the Easterly right-of- way line of the South lane of U. S. Highway # l, formerly N. E. 5th Avenue. "Petitioners would show that the City of Delray Beach, in effect, abandoned said lands use as a public right-of-way in the year 195~ when they allowed and directed the Chamber o£ Commerce building to be erected on this right-of-way and petitioners would further show that the i~rovement of such land area as a cross street between the North lane of U. S. Highway # i and the South lane of U. S. Highway # I would, it is felt, cause an acute and dangerous traffic problem. There is no need for a cross street located between N. E. 8th Street and N. E. ?th Street. "P~titioners represent that they own the following de- scribed property: "Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 34, 35, and 36, McGINLEY & GOSheN SUBDIVISION of the City of Delray Beach, Florida, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, page 87, LESS that portion of said property included in the rights-of-way of the North and South lanes of U. S. Highway # 1. "Subject right-Of-way and property location more clearly shown on attached sketch. "Petitioners further represent that the abandonment for street and right-of-way purposes of the subject land area would not deprive any property holder of the right of in- gress and egress to his property. "Therefore, petitioners earnestly request that the right- of-way of N. E. 7th Court be vacated as requested therein and appropriate legal steps taken to effect same. Respectfully submitted, EARL WALLACE FORD, INC. /s/ F. Earl Wallace Jr., President /~s/~ F. Earl Wallace, Jr. Florence F. Cramp A. G. Rahs on" On motion by P~. Campbell and seconded by Mr. Avery the Council unanimously approved referring said petition to the Planning Board. City Clerk Worthing presented the following petition that had been received, dated February 10, 1961: "We,the undersigned, are owners of Lots 1 and 2 Hofman Addition, Delray Beach, Florida. "Between Lots 1 and 2 lies an undeveloped road R/W fifty feet in width extending from the West side of N. E. Fifth Avenue to the F. E. C. Railroad R/W a maximum distance of approximately seventy four feet. "We respectfully request that you give consideration to the abandonment of this R/W back to the owners of Lots 1 and 2. Respectfully submitted, ~:~ Paul S. Xnowles Paul Sanderson, Pres. of Sanclar Realty Corp." 3 2-20-61 FEBRUARY 20, 1961. On motion by. Mr. Campbell and seconded by Mr. Avery the Council unani- mously approved referring said petition to the Planning Board. City Clerk Worthing presented a petition from Attorney Charles Byron representing ~. Norman Hallberg for rezoning of Lots 16, 17 and 18 and the West 37.5t of Lot 15, Wheatley S/D., from R-2 to R-3 classification. On motion by' Mr. Campbell and seconded by ~ir. Avery the Council unanimously approved referring said petition to the Planning Board. Regarding an offer to sell Lot 9 and the South 24t of Lot 8, Block 109 to the City at a price of $18,000.00, which property is across 5th Avenue from the City Hall, Mr. Sundy moved that Mr. Graham who submitted this proposition get a firm price from the party that is offering the land, price to hold for 90 days. The motion was seconded by Mr. Avery and carried unanimously. Mr. Sundy moved that the Planning/Zoning Board or Business Counsel Ward Robinson have a meeting to discuss the 25 acres of City owned land west of town to consider whether it would be beneficial to the City to dispose of same and invest the money in parking lots, beauti- fication or any other investment within the City that may be more beneficial to the City. The motion was seconded by ~h~. Thayer and carried unanimously. Mr. Knowles explaine~ that the Beautification Committee would eventually make such an oVerall study and~ comprehensive master plan; also that Mr. George Simons the Planning/Zoning Consultant would soon have such a report completed. There being no objections to Resolution No. 1312, passed and adopted on February 6th, 1961 and a public hearing set for this evening on same, Mr. Worthing read RESOLUTION NO. 131~. A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, REQUIRING OWNERS OF CERTAIN DESCRIBED LA~YDS TO ABATE NUISANCES THEREON OR BE ASSESSED COST THEREOF FOR ABATEMENT BY THE CITY. (Copy of Resolution No. 1314 is attached to and made a part of the official copy of these minutes) (see pages 66-A & 66-B) It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously passed to adopt Resolution No. 1314. Concerning drainage in the Southwest section of the City, City Engineer Mark Fleming reported as follows: "Two or three months ago when the City was suffering under heavy rainfall and flood conditions in the Southwest section the Council authorized an expenditure to have a survey made and detsrmine primary drainage in that area. Primary drainage is a basic drainage such as the area from the coastal ridge on .Swinton Avenue to the Atlantic Ocean, that area drains into the Intracoastal Waterway. The Intracoastal Waterway then be- comes a primary drainage. The area on the West of Swinton Avenue to the Railroad, roughly, is a large basin and there has never been any primary drainage, anyway to get the water out of that area except through small canals which carry a very in- significant part of the water into the E-4 Canal of the Lake Worth Drainage District. We have received recently the report from the Brockway & Weber Engineering Firm, hired to make this survey. It i~ about a thirty page report, very comprehensive and an excellent report. Briefly it entails the building of a canal, a large canal, starting at about second street south in the vicinity of 10th Avenue, then going South past the West side of the Cemetery under Germantown Road (10th Street) and continuing South to tie into the Hungerford Canal of the Tropic Palms S/D, which then is already constructed and continues on South to tie into the location of what will eventually be a C-15 Canal of the Lake Worth Drainage District Which will flow East under the 4 2-20-61 FEBRUARY 20, 1961. Federal Highways and the railroad and into the Intracoastal Waterway. It is the recommendation of the Engineers that we put all possible pressure, combining with perhaps the City of Boca Raton, Lake Worth Drainage District, to contact the Corps of Engineers U. S. Army and the Board of Governors of the Central and Southern Flood Control District of Florida and the National and State Legislators, to put pressure on them or in- duce them to take an active interest to step up the building of this C-15 Canal. The canal was laid out and surveyed by the Corps of Engineers in 1957. There would be an expenditure of finance probably of about ~0% by the Federal Government and 20% from the State Government, in the amount of about two million dollars for the construction of this C-15 Canal which would relieve E-4 Canal which flows North and South through our Golf Course and relieve the overload in that canal. Our canal then running North and South on this side of the rail- road would tie into the C-15 Canal and eventually empty into the Intracoastal Waterway. The expenditure for the City of Delray Beach, on the North-South portion of this canal which s approximately 13,000 feet long would be approximately 325,000.00, which sounds large as a lump sum, however the acreage benefited is so large and it should be an assessment Job against those directly benefited; so large that the assess- ment per acre would only be about $195.00 which would make a very small assessment compared to some of the drainage assess- ments we pay here in the City. The Engineer also recommaends that the area, sizeable area, from 10th Street South to the present Tropic Palms S/D which would be greatly benefited by the construction of this canal should be annexed into the City and permitted to bear a portion of this cost. That, in brief, is their recommendations. If it should be impossible to talk the Federal Government and the State into constructing this canal, they recommended a modified canal from the point where our North-South canal would intersect the C-15 Canal to be constructed into the Intracoastal Waterway and thought that would be an additional $400,000.00. It is recommended, if the Council sees fit, to set a date with the Engineers .who made this report to come down and go over it in detail. Boca Raton has expressed a great interest, they have been waiting for this report, they would like to sit in on this ~eeting, the County Board of Commissioners should be invited, also representatives from the Lake Worth Drainage District and any other interested parties to see if we could hasten the con- struction of the C-15 Canal." It was moved by Mr. Sundy that the City Manager be instructed to make arrangements for a meeting concerning said drainage with the Board of County Commissioners, Lake Worth Drainage District, City of Boca Raton and City of Delray Beach. The motion was seconded by Sir. Avery and carried unanimously. City Manager Mingle read the following report from the Planning Board that had been requested by the Council on February 6th: "The Planning and Zoning Board held a special meeting on February 15, 1961, to consider a letter from Mr. Warren G. Grimes dated Feb. 2, 1961, which the City Council referred to the Planning Board at their regular meeting of February 6, 1961. "Any change permitting trailers in any area of the city comes in direct conflict with the present ordinance per- taining to trailers in the City, which ordinance is very clear in its wording. "The Board unanimously feels that it would not be in the best interest of the city to revise this ordinance to' permit trailers to be used as helps quarters. It is evident that other situations could arise where an owner of property would be legally justified in requesting the same consider- ation with respect to trailers in a permissive use. This situation could go a long way toward breaking down the present trailer ordinance. 5 a-2o-61 FEBRUARY 20, 1961. "The present zoning ordinance clearly establishes the golf course, as a permissive use. We interpret the ordinance to mean that the City Council may from time tO time approve uses coming within the scope of zoning ordinance necessary .for the operation of the permissive use. For example it would be possible to approve a multiple unit for housing such help as the club may require. "The use of trailers in any zone does not necessarily fall into a land use classification as a trailer can be used for many uses within the scope of the ordinance, such as a dwelling, office, storage place, etc. A trailer park on the other hand would clearly be a change in land use." M~. Sundy,s motion to go along with the recommendation~of the Planning Board did not receive a second. Mr. Thayer then asked: "~. Knowles, do you recommend that we reject the appeal of ~. Grimes? is that the general recommendation of your Board, can anything be done with that property, in your opin- ion, for permissive use? Would that be possible or is that absolutely against the Ordinance?" Paul Knowles answered: "Under the permissive use, as we see it, the actual uses for the purpose for which the request for trailers is requested are already available under permissive use. The Zoning Ordinance clearly specifies that the golf course is a permissive use. We have assumed, I think correctly, that the City Council is in a position to grant any need that a permissive use requires within the scope of the necessity of the permissive use and Zoning Ordinance. Actually all of the necessary uses are provided in the Zoning 0rdi- nance. The request however to use a trailer in that specific area for a use already outlined under permissive use is in direct conflict with the existing ordinance. In addition, to tamper with or to alter the use of trailers under a permissive use again is in conflict with the ordinance, to permit such a use in this particular instance for one particular piece of property. In order to properly qualify Mr. Grimes request, all permissive uses should be open to the same possibility of using trailers for such purposes." Following lengthy discussion Mr. Sundy asked City Attorney Zimmerman: "Under the existing ordiname could we in any way grant permission to put a trailer out there?" Attorney Zimmerman: "Under the trailer Ordinance--No Sir, you would have to repeal it or would have to amend some section of it. It says NO." ~. Campbell moved: "That the City Attorney be asked to study the possibility of an outcome of a suit, if such was brought, by the owner of the Golf Course, as to our position on refusing a request of this type." City Attorney Zimmerman answered: "If you want to open up the whole thing, I. guess you would run into some trouble on your whole Trailer Ordinance. As I mentioned quite some time ago, your whole Trailer Ordinance would run into difficulty on that situation. The law is, I might add, quite confused on this issue quite generally around the country. Cases in New Jersey and cases in Texas and all over seem to differ, by and large from studying the cases that have been reported by City Attorneys all over the country, it is found that you canft Just restrict and keep trailers out of an entire area as we a~e. doing and if. someOne wants..to. ~ut a trailer in an area that is not too grown up but an outlying area of the City, they can do it if they go into court, say it was ~. Grimes or if it was anybody with a similar question and a similar area, in an outlying area, it wouldn't have to be a golf course." Mr. Campbell,s motion that a copy of the Planning Board report together with a letter from the City Manager be forwarded to Grimes did not receive a second. Following further discussion Mr. Thayer moved that this item be tabled for one week, that the Council talk with Mr. Grimes and/or his attorney about this whole project. The motion was seconded by ~. Avery and upon call of roll Mr. Avery and Mr. Thayer voted in favor of the motion, Mr. Campbell and Mayor Warren were opposed and Mr. Sundy abstained from voting. The motion did not carry. FEBRUARY 20, 1961. City Manager Mingle presented bills for approval as follows: General Fund ~ 73,681.64 Water Fund - Operating Fund 52,803.$8 Special Assessment Fund 15,101.82 Refundable Deposits Fund 2,424,80 Beach Disaster Fund 4,997.70 Improvement Fund ~9,640.25 On motion by M~r. Sundy, seconded by Mr. Thayer, the Council unani- mously approved the payment of said bills. Regarding the meeting with the Inter-Racial Committee on February 17th, City Manager Mingle reported that he had sent the following communication to the County Board of Education: "The City Council of Delray Beach, at a special meeting this date, accepted and approved the attached report from the Delray Beach Inter-Racial Committee. "The Council took action to urgently request the Palm Beach County School Board to take steps to implement these recommendations. "The City Council requests of your body the privilege of appearing before you with representatives of the Inter- Racial Committee to review this matter. Will you kindly advise the date we can meet with you." Upon question, City Manager Mingle reported that there had not been a date set for the meeting with the Fiscal Agent ~. McCreedy. Mr. Campbell reported that the Committee studying the Hospital- ization Insurance, etc., held a three hour meeting today with a number of representatives of the insurance companys participating in the dis- cussion, and feels certain that by next week they will have a plan to submit to the Council that he hopes will meet with Eouncil approval. Mr. Sundy brought to the attention of the Council the fact of some trash being piled on two parking spaces on the beach parking lot. It was moved by PP. Campbell that City Attorney Zimmerman be highly complimented and praised on the manner in which he put together the reports to the Legislative Committee and the manner in which it was submitted. The motion was seconded by Mr. Avery and carried unani- mously. Mr. Avery stated that Attorney Zimmermanhad received a compliment from the Committee as to his being the outstanding proposal they had received since they have been conducting hearings. The meeting adjourned at 9:30 P.M. on motion by ~. Thayer. R. D. WOR,THING City Clerk ? 2-20-61 FEBRUARY 20, 1961. 66-~ RESOLUTION NO. 1314 A RESOLUTI0~T OF THE CITY COUNCIL OF DELRAY BEACH~ FLORIDA, REQUIRI~G O~J,~NERS OF CEPTAIN DESCRIBED LANDS TO ABATE NUISA~TCES THEP~EON OR BE ASSESSED COST THEREOF FOR ABATEMENT BY THE CITY. WHEREAS, the City Council did, in special session held on the 6th day of February, 1961, enact Resolution No. 1312, declar- ing the existence of a nuisance upon certain lots or parcels of land for violation of Chapter 15 of the City Code and Ordinance G-147, and WHEREAS, purauant to said Resolution, the City Clerk of the City of Delray Beach, Florida, did furnish owners of the lands therein declared nuisances with notice that the City Council would sit on February 20th, 1961 at 8:00 P.M., at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause~ if any, why said nuisance described in said resolution should not be abated; and WHEREAS, pursuant to said Resolution, the City Council of the City of Delray Beach, Florida, did on February 20th, 1961 at 8:00 P.M.~ at the City Hall in Delray Beach, Florida, hold the hearing provided for in such notice, and did consider such reasons and facts as were presented by the owners of said lands, and such other material and pertinent evidence as was adduced before itt NOW~ THEREFORE, BE IT BESOL~ED that the existence of a nuisance for the reasons hereinafter set forth, be and the same is hereby adjudged upon the following lands in the City of Delray Beach, Florida, to-wit: OWNER ADDRESS L~..BLOCK & S~D CITY COD3 Fla. East Coast St. Augustine, Fla. Block 86, All E. 4 Railroad Co. of Railway A.H. Snow Tuscaloosa, Alabama Block 103, Lot 24 ~ Mary Menosky 812 W. Sugnet Rd., Block 95, Lots 13 ~ Midland, Mich. & 14 karl k. Lohrman 1~481 Piedmont Ocean Beach Lots, ~ Detroit 23~ Mich. South W.. pt. of the S59.$' of Lot 24 William J.B. Pedrick 2325 N.E. 28th St. Block 5, Lot 36 4 Pompano, Florida Seagate Extension Norman & Jessie S. 565 Arlington Pl. Lot i~ less E12.~' k Hallberg Chicago 14, Ill. & All of Lots 16~ 17 & 18, Wheatley Robert A. Fenton 7 W1]muth Ave., Block G, Lots 1 & 8 Wyoming, Cincimmati, John B. Reids Millage 0hlo ~ Helen E. Hoehn 301 N. Crestway Block H, Lot 4 W Wichita 8, Kansas J.B. Reids Village Herbert H. & Leonie Rt. l, Box 318 Block H, Lots I & 2 4 G. Moffitt Delray Beach, Fla. J.B. Reids Village Block K, Lot 7 4 Joan L. Hicks~ Frederick 2732 Ablngdon RAd~ Ludington, L~nn L. Woehle Birmingham 13, · J.B. Raids Village & George W. Barber, Jr. NATURE OF h~ISANCE SPECIFIED: "~" All lands in the City shall be kept free from weeds of a height exceed~.ng eighteen inches~ The word weeds as used herein shall be held to include all rank vegetable growth which exhale obnoxious or unpleasant odors, or which might be a source of disease or physical distress to human beings, and the word shall also be deemed to include all high and rank vegetable growth that may conceal pools of water, trash, filth or any other deposits which may be detrimental to health. The ex- istence of any such weeds is hereby declared to be a nuisance. A~, BE IT FURTHER RESOLVED that the City Clerk of the City of Delray Beach, Florida, furnish owners of the lands hereinabove listed and described with a copy.of t his resolution at their last available address within ten (10) days from the date this Resolu- tion is adopted. AND, BE IT FURTHER RESOLVED that said owners be and they are hereby notified that they are required to abate the nuisance hereinabove adjudged and specified within thirty (30) days from the receipt of a copy of this Resolution; otherwise, in default thereof, the City of Delray Beach~ Florida, will enter upon said lands and abate the said nuisance hereinabove specified and will levy t~e cost of such work as an assessment against the property herelnabove described. PASSED AND ADOPTED IN special session on this the 20th day of February, 1961. ATT EST: