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03-20-61SpMtg · MARCH 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. Ztmmerman and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy and John A. Thayer being present. An opening prayer was delivered by the Rev. N. H. Wible. Concerning the council minutes of March 15th special meeting, Mr. Avery asked that his name be taken from the roll call of the last motion of that meeting as he was not present at that time, having been excuse~ by Mayor Warren· It was moved by Mr. Sundy, seconded by Mr. Thayer and unani- mously carried that the minutes of March 13th and 15th council meetings be approved subject to the above mentioned correction· Under Public Releases, Mr. Thayer announced that the Annexation Committee,appointed a couple of weeks ago, would meet Tuesday, March 21st. Mr. Thayer further reported that Gladys Little, President of the Orchid Garden Club and also a member of the City Beautification mittee inquired about the use of the Council Chambers of the new City Hall on May 3rd for a Convention of District Ten of the Florida. Federation of Garden Clubs· It was moved by Mr. Sundy, seconded by Mr. Campbell and unanimously carried that the Garden Club Convention be given the use of the Council Room and, at the descretion of the City Manager, as much other room as possible without interfering with the City operationa for their Convention on May 3rd. Mr. Thayer brought to the attention of the Council and public that tonight will be the last meeting of this Couucil at this place as nar~t week the Council will meet in the new City Hall· He also stated that the official opening of this old City Hall Building was June l, 19~J~,, and he doesntt feel that it will be left with any regret, but will be left with a great deal of sentiment. Mayor Warren announced that April 30th had been set for the official inaugural opening dedication of the new City Hall and that plans are being made for very extensive opening with many of the former Councilmen being present, also the state senators and congress- men being present. Mayor Warren informed the Council that since bids came in late today on the sprinkler system of the new City Hall area and also bids from the landscape architect solicitation for the amea, it would be necessa.~y to hold a special meeting to consider same. It was moved by Mr. Sundy, seconded by Mm. Campbell and unanimously carried that a special meeting be held at 8:00 A.M., Wednesday, March 22nd at the offices of the new Water Plant Building on N. W. First Avenue· Mayor Warren brought attention to the February Financial Report that had been prepared by the Finance Director and that it contained a summary sheet of some very interesting~ figures and comparisons. The following report of alleged nuisances existing in violation of Ordinance G-147 furnished the City Manager by the Chief of the Fire Department was reviewed by City Clerk Worthing. PROPERTIES IN VIOLATION OF ORDINANCE G-Ih?--..-Sec 1~- OWNER ADDRESS L~OT, BLOOK &~ S/D. ~.ITY CODE, Brainard Land 2202 S.Patterson Blvd. Lot 1, Block 13, Development Co, Dayton 9, Ohio Seagate "A" Algot G & 905 Niles Center Road Lot 30, Block 3, Hildur Maria Skokie, Illinois Dell Park 4 Anderson 3-20-61 OWNER ADDRESS ~LOT. BLOCK & S/D. CITY CODE Walter H. Jr. & 1400 E. Fairy Chasm Rd. Lot 34, Block 7, Victory Benfelt Milwaukee, Wis. Dell Park 4 Wm. Disston, c/o Mrs. A.W.Swerartz, Lot 10, Block ?, et. al. 1608 Hannis Road Jr. Osceola Park Philadelphia 18, Pa. 4 ~ilbert Small ;!;! University Ave. Lots 7, 8, 15 & 16, Providence 6, R.I. Block46 4 Adelheid Schmidt 811 Hamilton Place Lot 17, Block 63 Roselle Park, N.J. 4 Josephine & Rose 2719 S. 10th St. Lot 8 less W 4' R/W. Francolino Philadelphia 48, Pa. Block 119 4 Vera L. Cupps & P.O. Box 478 Lots 13 thru 20 & Edwin Brunet Lake Worth, Florida 41 thru 46, Delray Manor Beach Park Corp. 435 Hlaleah Drive S 900' of W 250' of Hialeah, Florida E 750' of W 3/4 of S~ of NW¼, Se0.20-46-43. 4 Ernest C. & Flora 3660 Hennepin Place Lots 1 & 2, Block 1, C. Styberg North Bay, Ida Lake' Terrace. Racine, Wis. J. Frank & Ann. R. 5?0 E. 23rd Street. LOt 3, Block l, Toole Brooklyn, N, ¥. Ida Lake Terrace 4 Katie L. & H.G. 200 N. E. 3rd Ave. Lot l;.~, Block 100 Peabody & Douglas Delray Beach, Fla. 4 D. C ary j. C. & Charlotta 209 N. E. ?th Ave. Lot 15, Block 100 B. Wellbrock Delray Beach, Fla. Curtis H. Dodson P.O. Box 2545 Lot ?, Block & Earl G. Brown Delray Beach, Fla. 4 Leroy E. Diggans P. 0. Box 1, Lots 22, 24 & 25, Delray Beach, Fla. Block 105 3& 4 Dr. Rolle L. & 209 S. E. 3rd Ave. Lots 8 & 9, L. C. Dryfuse Delray Beach, Fla. Drinkwater Addition 4 John J. Pallet 710 S. Swinton Ave. W.pt of N 244' cf E Delray Beach, Fla. 3/4 of Lot 11, Sec. 20-46-43 4 H. E. Purcell Huntingdon, Quebec, S 35' of Lot ll & N 35' Canada of Lot 12, Block 121. 4 . Dorothy R. Kern P.O. Box 743 Lot 8, Block 2, , Delray Beach, Fla. Northridge 4 Canary & Grace 130 N. W. 3rd Ave. S 50' of N 73.5' of E. Robinson Delray Beach, Fla. Lot 10, Block 43 4 Jesse & Maggie 125 N. W. 3rd Ave. Lot 13 & N 24.5t of Nelson Delray Beach, Fla. Lot 14, Block 43. 4 Eula Mae & Chas. P. O. Box 2002 $ 52' of Lot 24, Broadnax Delray Beach, Pla. Block 43 4 Tressle Lee 125 N. W. 3rd Ave° Lot 15, Block 43 Nelson Delray Beach, Fla. 4 Submitted to the City Council by the City Manager this 20th day of March, 1961. 2 3-20-61 It was moved by Mr. Thayer, seconded by Mr. Campbell and unanimously carried that said report be approved and notices mailed to property owners listed therein in accordance with Ordinance No. G-388. Regarding consideration of change in the method of providing for registration of voters, City Clerk w°rthing informed the Council that in view of recent election laws of the State of Florida and conversation with the County Supervisor of Registration Daniel Gotham, it is the request of the registration office of the City for Council approval to make possible the using of the County Registration records in lieu of the City Records, which is a dupli- cation of work, and the County recor4s will always be available after this Council agrees to such'procedure, and if the Council has no ob~ jection to such procedure, would appreciate the City Attorney being directed to prepare a necessary Resolution expressing the intent of the Council. This resolution may be submitted to the County' Commis- sion any time within the next ninety days and following July first the said County Commission may clarify and correct the existing boundaries of our precincts which now lap over and extend out into the county, between July first and January first, to be within the City limits of Delray Beach, and after January first, subject to the approval of the Council, the County Supervisor of Registration will make the county records available for all city elections, thereby saving considerable work in the local registration office~ After lengthy discussion concerning same during which Mr. Avery stated that he felt it premature to draw up a resolution at this time, and Mr. Sundy believing it would not cut the cost of registrations and elections, Mr. Campbell moved that this matter be held for two weeks, for study, and that the City Attorney be instructed to prepare a resolution in keeping with the request for consideration by the Council. The motion was seconded by Mr. Thayer and upon call of roll Mr. Campbell, Mr. Thayer and Mayor Warren voted in favor of the motion, }ir. Avery and Mr. Sundy being opposed. As a result of the determination of the State, through the County Commission, for early widening and improvement of West Atlantic Avenue, it was moved by ~. Sundy, seconded by M~. Campbell and unanimously carried that the Building Inspector be instructed to issue no building permits for a period of thirty days in the follow- Lng described area: Two hundred feet North and two hundred feet South from the centerline of West Atlantic Avenue from Swinton Avenue West to city limits. Upon question, Mr. Worthing informed the Council that the County Commission has accepted the final right-of-way survey of West Atlantic Avenue from Swinton Avenue westward to the corporate limits and beyond that to the turnpike. The County right-of-way agent will be directed to determine what conflict there will be within 53 feet each way from the centerline of West Atlantic Avenue as they are only interested in a 106 foot right-of-way. The right-of-way agent will ~then direct an appraisal of all lands and improvements within that area, after which the County will proceed to effect purchase of necessary right-of-way and do not anticipate City aid in acquiring same. Mr. Campbell suggested that the City Committee that had been appointed regarding alleyways, etc., in respect to the widening of West Atlantic Avenue take no. actioh until after the County has com- pleted their im-proveme~ts. It was moved b~ Mr. Thayer, seconded by Mr. Campbell and unani- mously ca, tied that$9,629.00 be transferred from the Bond Fund to the Contingency Fund as recommended and reported to be available per re- port of the Director of Finance dated March lC, 1961. City Clerk Worthing informed the Council that on March 6th they approved the vacating and abandonment of a certain right-of-way and the following resolution has been prepared concerning same: RESOLUTION NO. 1319. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF NORTHEAST SIXTH STR~RT EXTENDING WESTERLY FROM NORTHEAST FIFTH AVENUE TO THE EAST- ERL¥ LINE OF THE FLORIDA EAST COAST RAILROAD R/W. -3- 3-20-61 Marck o0, 1961 WHERF~S, the right-of-way described above has not been opened or developed, and WEEP~S, SANCLAR REALTY, INC., & PAUL S. KNOWIES, the owners of the property abutting said right-of-way requested the vacation and abandonment thereof as said right-of-way is no longer required for providing egress and ingress to any lands and should therefore revert to the original owners. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section ~even (?), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, we hereby declare the following right-of-way in the City of Delray Beach, Florida, to be _ vacated and abandoned: That portion of Northeast Sixth Street extending Westerly from Northeast Fifth Avenue to the East- erly line of the Florida East Coast Railroad r i ght- of -way. '~ SUBJECT to abutting property owners, or their successors, providing easement for public utilities if the same are needed at any time in the future. PASSED AND ADOPTED in Special Session this the 20th day of March, 1961. It was moved by ~. Sundy, seconded by Mr. Campbell and unanimously carried that Resolution No. 1319 be adopted. City Clerk Worthing informed the Council that on March 6th they had approved the vacating and abandonment of a certain right-of-way and the following resolution has been prepared concerning same. RESOLUTION NO. 1320. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA; VACATING AND ABANDONING THAT PORTION 0~ NORTHEAST SEVENTH COURT LYING BETWEEN NORTHEAST FIFTH AND NORTHEAST SIXTH AVENUES. WHE~S, the right-of-way described above has not been opened or developed, and WHEREAS, F. EARL WALIACE, JR.: J. D. STETSON COLEMAN: FLORENCE F. CRAMP AND A. G. RANSON, owners of property abutting said right-of-way requested the vacation and abandonment thereof as ssid right-of-way is no longer required for providing egress and ingress to any lands and should therefore revert to the original owners. NOW, THEREi~ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (?), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, we hereby declare the following right-of-way in the City of Delray Beach, Florida, to be vacated and abandoned: That portinn of Northeast Seventh Court lying between .Northeast Fifth and Northeast Sixth Avenues. SUBJECT to abutting property owners, or their successors, providing easement for public utilities if the same are needed at any time in the future. PASSED AND ADOPTED in Special Session this the 20th day of March, 1961. It was moved by Mr. Campbell, seconded by Mr. Sundy and unanimously carried that Resolution No. 1320 be adopted. -4- 3-20-61 City Clerk Worthing informed the Council that on March 6th they adopted Resolution No. 1316 expressing the intent of the City .Council to construct storm drainage for the area known as "Storm Drainage System, N. E. 2nd Street Outfall" said resolution being advertised in its entirety and setting this date for public hearing regarding same. Following general discussion and there being insufficient objections to Resolution No. 1316, Mr. Worthing read RESOL~TION NO. 1321. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY ~,'L~NAGER TO PROCEED WITH THE CONSTRUCTION OF STORM DRAINS FOR THE AREA KNOWN AS "STORM DRAINAGE SYSTEM - N. E. SECOND STREET OUTFALL", AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868 KK-I, TOGETHER WITH INSTALLATION OF CATCH BASINS, ~L~N- HOLES AND APPURTEM, ANCES Y/~ CONJUNCTION WITH SUCH STORM DRAINS. WHEREAS, the City Council of the City of De]may Beach, Florids., did, on the 6th day of March, 1961, by Resolution No. 1316, determine to proceed with the construction of storm drains together with in- stallation of catch basins, man-holes and all necessary apprutenances in conjunction with such storm drains for the area known as "Storm Drainage System - N. E. Second Street Outfall", as shown on Storm Drainage System Survey File T.F. 1868 KK-1, and WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard, and WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of De]may Beach, Florida, that the City Manager be and he is hereby instructed to ~.roceed with the construction of storm drains for the area known as 'Storm Drainage System - N. E. Second Street Outfs. ll", as shown on Storm Drainage System Survey File T.F. 1868 KK-1, to- gether with installation of catch basins, man-holes and all necess~.ry appurtenances in conjunction with such storm drains, 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 inspection of the public. PASSED in special session on this the 20th day of March, 1961. It was moved by M~. Campbell, seconded by Mr. Thayer and unanimously carried that Resolution No. 1321 be adopted. City Attorney Zimmerman read ORDINANCE NO. G-392. AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PARAGRAPH TWO OF ORDINANCE NO. G-381, PERTAINING TO THE PARKING OF TRAILERS TO PROVIDE FOR THE USE OF TRAILERS TO HOUSE E~PLOYEES IN CERTAIN AREAS OP THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That paragraph two of Ordinance No. G-381 of the City of De]may Beach be amended to read as follows: "2. CONDITIONAL USE OF TRAILERS. (1) No automobile trailer or conveyance designed or equipped to be used as a temporary or permanent residence shall be used as living quarters in a residential, business or similarly built-up area within the city limits. Such trailers may be used to house employees on golf courses located in outlying .areas of the city: and on similarly located property, providing the fe~llowing require- ments are met: -5- 3-20-61 March 20, "(a) Mobility of the vehicle used shall be maintained at all times. (b) Such mobile homes or trailers shall be placed in secluded areas which would not disturb adjacent property owners in the use of their land. (c) Sanitary facilities, water supply, and electric power supply shall meet all existing standards. (2) Any person desiring to locate and use mobile homes or trailers as outlined above shall make application to the City Council for approval. A public hearing will then be held as under condition- al use procedures." PASSED AND ADOPTED on the ........ day of .... , 1961. There being no objections to Ordinance No. G-392 it was moved by Mr. Campbell and seconded by Mr. Avery that said ordinance be adopted on this second and final reading. Upon call of roll, Mr. Avery, Mr. Campbell, ~ir. Thayer and Mayor Warren voted in favor of the motion, Mr. Sundy being opposed. Mr. Avery reported that the Records Committee,that had been appointed recently, had a meeting on Wednesday, March 15th with all members Present and it was agreed that an ordinance, giving authority to work, be prepared and to tie into it a resolution that would set forth the operating procedure, and only those special things not included in that standard operation would come before the Council, and that it is expected, following further study, that said ordinance and resolution will be ready for Council consideration in the very near futUre. Commissioner Campbell cited what appeared to be excessive in- crease in cost of operation of the refuse and garbage 6ollection a~d disposal over the preceding five year period as evidenced by a repc~t of the Cityts operation, said report to be a matter of record, and wondered if there was something that could be done about cutting the expense back. He also asked, if it met with the approval of the Council, and if M~. Ward Robinson is willing to undertake such a study at this time, that he be asked to make a particular study of those particular departments at this time together with the interest- ed department heads and the City Manager, concerning the increase in both the cost of operation and capital outlay of expense and a report and recommendations concerning same be made. City Manager Mingle presented bills for approval as follows: General Fund $ 126,466.90 Water Fund - Operating Fund 35,539. Improvement Fund 69,809 ~ O0 Refundable Deposits Fund 2,807.74~ Special Assesmment Fund 101.75 The Council unanimously approved payment of the bills on motion by ~. Thayer and seconded by Mr. Campbell. The meeting adjourned at 9:30 P.M. on motion by Mr. Thayer. ...... R. D._ WORTHING City Clerk APprOVED: MAYOR -6- 3-20-61