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10-09-61 OCTOBER 9, A regula~ meeting of the City Council of Del~ay Beach was held in. the Council Chambers at 8~00 P,M.,' with ~ayor George Vo Warren in the Chair, City Manager Louis ~. ~mitses, City Attorney ~ohn Ross Adams and Councilmen A1 Co ~ver~, Dugal G° Campbell, Glenn B. Sund2 and ~ohn ~. Thayer being present. 1, ~n opening prayer was delivered by the Rev. ~. W. Nabors. ~t~e On motion by Ry. Thayer and seconded by lt~. ~undy, the minutes of October ~nd and ~th meetings were unanimously approved. ~.a. It was announced that a pub_lic hea~ing had been scheduled at this time on the application forCertificate of Public Convenience and necessit~y for operation of two taxicabs by M~. Fred Wilson, in compli- ance with Chapter 26 of the Code of Ordinances and that all taxicab operators withi~ the city were notified of this public hea~ing. It was fu~the~ stated that the application was supported by the following' "TO WHOM IT MAY CONCER~ ReT FRED WIL~ON. We the undersigned feel there is a need for additional taxi service in the Delray Beach, Florida area." which was signed by seventeen people. M~. Campbell stated that he had been informed that there are three or four licenses that have been issued that the ca~s are not operating at the present time and further that there are at least seven station wagons and cars without licenses and without insurance that are carx~y- lng people from the west side to the east side and that before any more licenses are approved a check should be made by the Police Depart- ment, through the City Manager, to see if such cars are being operated and if so what should be done to correct it. Upon question, City Clerk Worthing stated that there were Certifi- cates of Public Convenience and Necessity issued for Which there are not now existing licenses for the obvious reason that there insurance premiums are high and when the ,Season, is over some of the operators take off thei~ cabs and cancel thel~ insurance for the o~f-season, and at present there are etshteen licensed cabs operating, thirteen in the west section of town and five in the east, and that five a~e not oper- ating who have been rendered Certificates of Public Convenience and Necessity. F~. Campbell suggested that a stud~ be made through the City Managerls Office as to ~hether or not the people who have these li- censes and are not using them, inte~ld to use them, and What there is to the stor~ that these other cars are being used and if they are what is going to be done about it. R~. Thayer asked applicant Fred Wilson if it is his i~tention to follow out the license restrictions in all respects if issued permit for taxi service, to which ~. Wilson answered "Yes Sir". Ry. Campbell asked if there were five licenses out that are not being used would it be possible to pick them up and reissue them to someone else~ ~. Campbell then moved that this item be tabled for a week to study the entire situation, the motion being seconded by Ry. Avery and carried unanimously. ~.b. City Hanager 8mitzes informed the Council that the final Plat of 0arver Park Subdivision has been reviewed and approved by the Planning Board, the Building Inspector and the Director of Public Works, find- ing said final plat to .- oonform with tho previous Council approved amended preliminary plat of said subdivision, also that the developer has submitted a properly executed Ag~veement for Construction and provement in a Subdivision" and deposited a certified check in the amount of $%6,~90.00 with the City of Del~ay Beach to assu~e the satis- faotoz~y constl-uotion of the improvements set forth in Section ~3A-9 of the Code of O~dinanoes, and in view of all requirements pertaining to subdivision development as set forth in O~dinanoe No. G-~8~ having been provided, it is recommended that Oounoil approve this final plat and authorize its exeoution~ it being so moved by ~. Campbell. The motion was seconded by M~. ~ha~rL~d oar~led unanimously. OCTOBER 9, 1961. 5.c. City Manager Smitzes presented a Survey Report of alleged nui- sances existing in violation of Ohapter 1% of the Cltyts 0ode of 0rdi- nantes that had been fur~ished him by the Fire Department. It was moved by N~. Campbell, seconded by ~. Sunny and unanimously · carried to direct the City Clerk. to comply with Ordinance No. G-388 as applicable to this nuisance au~vey report. (Copy of list of nuisance violations is attached to and made a part of the' official copy of these minutes.) See Page 3I~ and 3i6B~ 6.a. City Manager Smitzes informed the Council that a petition had been received requesting the opening, grading and paving of that part of N. W. 1st Avenue running }~:6 feet northwaPd from N. W. 9th Street and that this petition represented 74% of the properties to be affect- ed and ultimately assessed 90% of the cost of such project. It was moved by ~. Campbell to authorize the City Manager to pro- ceed in the normal manner to get prices-and report, etc. The motion was seconded by ~. Sumdy and carried unanimously. 6.b. Regarding the request of She~mmn Williams American Legion Post No. 188 to sponsor a carnival which item was tabled at the October 2nd meeting pending ruling from the City Attorney as to the legality of Ordinance No. G-386, the City Attorney reported as follows: "In February, 1961 this Council passed an ~0rdlnance determining that there are no sites within the municipal lim~tts where a traveling or professional c~nival or circus could be located without disturbing the residents of the city. At ]~our request I researched what law there is on that particula~ point and my conclusion is that the Ordinance is something that should be reckoned with. If it's your desire to approve a carnival then the proper step, in my opinion, is to repeal the Ordinance which is presently outstanding. You can do that in routine time or you can repeal it ~y an emergency ordinance." Mr. Avery asked if there would be a way to allow this if it was called a "FieSta'' instead of a "Carnival", as such an amusement is not objectionable in the area where it has been requested.. Mr. 0. F. Youngblood, Adjutant of Sherman Williams Post No. 188, asked the Council for every possible consideration in allowing them permission to sponso~ this carnival and that it is definitely~ not ob- Jectional to the residents in that area, that they are all anxious to have it, and that the money obtained from this will help pay off the indebtedness of their Legion Home. .' Following lengthy discussion and comments by the Council' Mr. Youngblood and Mr. Sheldon of the Miller Amusement Enterprises, Mr. Avery moved that the ordinance against carnivals in Delray Beach be repealed. There was no second to the motion. Mr. Campbell asked the City Attorney if the Council would have the right, as the governing body, to make an exception if they saw fit, without repealing the ordinance, to which City Attorney Adams replied: "I think possibly you should amend the ordinance. If you want to try to work out something along the lines suggested, you could repeal it and pass it again if you wanted to, but under the ordinance as it is presently drawn, there is no way I know of to make an exception with- out repeal or amendment." Following further discussion, Mr. C~bell moved that this item be tabled for one week that the City Manager and City Attorney may have a chance to ~work on it. The motion was seconded by Mr. Sundy and carried unanimously. 6.c. A request for rezoning from R-1AA to C-$ of all that part of the west half of .Lot 19, Section 8, Township 46.South, Range 43 East, ll~ing south of existing right-of-way of Lake Ida Road except the south 0 feet thereof was received from Attorney J. Clinton Scott on behalf of the Lake Ida Development Corporation. · It was moved by Mm. Campbell, seconded .:by Mr. Thayer and unanimous- ly carried that this matter be referred to .the Planning Board, 6. d & e. · City. Manager Smitzes informed the Council that application had been received by the Building Inspector to move a frame duplex house from Lot 12, Block 100, to Lot 4, Block A, West Side Heights; also to move a single family frame house from Lots 12 and 13, Block 100, to Lot 16, Block 4, Priest's Addition to Atlantic Park Gardens, further statin~ that approval of which is recommended bT the Building Inspector who has received no objections to such relocationo It was moved bT M~. Campbell, seconded bT M~. SundT and unanimous- 1T cemried that the requests be ~anted, X. M~. Campbell addressed the Cour~tl and audience as follows~ to what I firmlT believe is somewhat of a misunderstanding, the press were given to understand by the reading of a pemt of correspondence that was taken down as entered into between ~ou~self (MaTor Warren), H~. Lee of the 3tats Health Department, and myself, wherein I made statement which was mede for the purpose of which I will explain that I sm anti-industr? for the City of Del~aT Beach. I have.been on cord fo~ manT, merit months with the Chamber of Commerce and with oth- ers that I em for acceptable i~dust~y and I dontt draw th~ line at l~ge lndustrT or small, as lon~ as it ls acceptable, aeceptable mean- ing clean, etc. That has Been a matter of record with the Chamber for some time. In discussing w~th ~. Lee over the phone some weeks ago he, in Jacksonville, I believe, or Tallahassee, end we here, the ques- tion was raised b~ him as to 1,000 homes that were contemplated Built in Del~aT Beach. I raised the question that I didn,t know ant area in Del~a~ Beach that would be bi~ enough to take 1,000 homes but hoped that it might be true. Then he spoke -- all of this had to do .with the size of the plant that we were conter~latin~ bu~ldin~ at the time, we were asking fo~ ~00,000 plant, he was holdin~ out for the increase to double that plantts capacitT. He spoke of the fact that we would have no leawaT ~n ou~ contemplated plant for industr~ and pointed out to hhu that ou~ ~ndust~tal p~t was waT to the west of the railroad end tbmt if an~ sizeable industrT shouId come in that we would have time to double the capacit~ If necesserT while that were doin6 thei~ Buildin~. It would Be a matter of getting together with them as to what was neededbut---~nd this is the quote which was pick-... ed out and thrown at the papers end was used. I have no quarrel with an~ paper that used it because that's the wa~ it was given. That, in m~ opinion, we of Delma~ were not look~n~ for la, ge lndustrT ~n the sense that it has been used nor did we have the set-up for it end that I thought the nmJorit~ of the people in town felt that waT about ~t. Havin~ in mind that t~pe of lndustr,y that he was referrin~ to and also usin~ my em~auuent in tr~in~ to sell him on the deal we were t~-ying to sell him which was the modified sewer sTstem which, as Tou all know, hope ~ou ~11 know, we finallT got together with M~. Lee on the ~0,000. plant which gives us an added capacitT of approxt~mtel~ ~00 more houses, or approxLm~tel~ double those that ems now in use. I have no apology to make whatsoever in tr,yin~ to sell for the benefit of the citT a program that I persona11T feel is the right that. Whethe~ others disagree with me or not the~ have that But we were tr~ing to sell a pro&am and we were tr~ng to sell it to a man who I em positive, firmlT an~ sincerel~ believes that we werefl~t building to the proper size. Nevertheless, we had taken our position and were tr?in~ to sell it and I used those em~uments ~n t~yln~ to sell it. We have since come to6ether with ~m. Lee on a modified pl.an, modif~edfrom his position and added to from ours, But there has never Been a time when I wouldn't welcome ant worthwhile industry to this town and there isn,t a time when I wouldn,t be ~lad to invest in such an lndustru, which is perhaps a little off color, but I usua11~ em willing to back up what I do sa~ with dollars ~ necessary. I would back it up in this case." Xo ~ega~ding an audit report from Himes & Himes the CitT Manager suggested that it Be discussed a week from ?.e.' CitT ~anager Sm~tzes informed the Council that followin~ theL~ ~nstructlons, the CltU Manager and Chaim~an of the Zoning Bosmd alon6 with the Building Inspector made a stud~ concerning the control of structural stah~litT pertainin~ to Build~n6s bein~ moved into and with- in the Cit~ an~ the £ollowir~ ordinance was prepared concernin~ same. 0~DINANCE NO. AN O~DINANCE ~EGUI~TING THE MOVING OF BUILDINGS OVE~, ALONG 0~ ~C~O~S~ HIGHWA.YS, STP~ETS AND ALLEYS IN THE CITY OF DELBAY BEACH, FLORI~; P~0VIDING ~0~ P~0TECTION TO THE CITY ~0M D~MAGES A~ISING 0~T 0~ SUCH OPE~TION~ ABTHORIZING THE CITY BUILDING IN- SPECT0~ TO ISSUE PEr. MITS ~ P~0VIDING F'O~ ENF0~CEMENT; AND I~O~IBING PENALTIF~ PO~ T~E VIOLATION OF ITS PROVISION~ o -3- 10-9-61 OCTOBER 9, !961. : · My, Campbell moved that Ordinance No, G-413 be placed on first · reading and that the press and other interested people be notified that there is a 'copy that can be seen at any t~me at the City Clerkts office and that a copy be given to the ilann~ Board, The motion was seconded by l~. Sundy and carried unan~ouslyo 8.a, City Manager Sr~tzes read the following Plannin~ Board report dated October 2nd~ "At its regular meeting on September 29th the Planning and Zoning Board held a hea~ing on the request of M~. Ja~man Smith for permissive use to pemuit retail sales at the City Boat Dock~. "Nineteen people were notified. One party present had no objection, Five letters or telegrams were received which opposed /~anting the request, and two persons present' did likewis e. "Mr. Smith gave a description of his intentions. Be does not intend to sell food, alcoholic beverages, clothing, bo~ts, out- board motors, or do any major marine repair work. He does want to carry numerous articles such as fuses and items not readily obtainable elsewhere. Nuts, bolts, screws, hinges, marine hard- ware, paints, varnishes, cleaning compounds, mops, brushes, and similar marine supplies are the general type of items he does want to carry. "The Board feels that certain supplies of this nature are an integral part of a boat dock operation and recommend that the request be g~anted subject to certain limitations; namely items in the same category as listed above. "The original lease was drawn to include the sale of gas, fuel, and lubricants and yacht supplies. The last item yacht supplies was stricken at the time of signatures. The reinstatement of this would accomplish his request. "Any large scale sales operation is not in keeping with the a~ea and the people a~e concerned that such might gradually occur du~ing the life of the lease. The Council would be Justified in.permitting no further expansion during the life of the lease, and further to have the p~erogative Of denying the sale of items or materials which would in any way be obnoxious or dangerQus to the surrounding area." M~. Sundy moved to go along with the Planning Board.s recommenda- tions, the motion being seconded by Mr. Thayer. Mr. Campbell stated that he thought there should be a limiting factor written into the corrected lease if permission is given to sell. Mayor Warren asked the City Attorney if this Council could change a lease that was made with an individual by a former Council and Attorney Adams informed him that a change could be made by adding certain items if it was agreeabl'eo During lengthy discussion, .City Clerk Worthing read the Public Notice concerning the second public hearing that the Council requested of the Planning Board as fOllows: "A request for permissive use to permit retail sales of marine sUPPlies at the City Yacht Basin and for addition to present improvement thereon on the .following described land has been received: That tract of City owned land lying between S. E. 1st & 2nd Streets and bounded on the West by Block 126 and on the East by the Intracoastal Waterway. A Public Hearing will be held by the Planning Board in the Council Chambers at the City Hall, 100 N. W. 1st Avenue, Del~ay Beach, Florida, at 4.00-; P.M., September 29th, 1961 in accordance with Section 29 of the Code of Ordinances, and for the purpose of hearing objections, if an~, to such permissive use." -~- 10-9-61 OCTOBER 9, 1961. City Clerk Worthing also read the following petition,-ei~ned 'by twelve property owners, that was presented to the Council on October ~nd by Attorney J. Clinton ~Cott~ "~e, the ~dersi~ed prope~ o~ers in ~e vicinit~ of the City Yacht Basin on M~ine ~ay, :~espectfully ~equest that ~n C. 3mith, ~. be disallowed the right to e~end the present yacht facilities, that he not be per, fred to build a lo,ge or to sell march,disc on the p~e~ses, ~d ~at he be ordered to abide with the ter~ of his Lease which prohibits repair work. We believe there is ~le lo,ge facilities and march,disc available fo~ sale on Afl,tic ':'Avenue without pe~tting this in o~ residential area." Followi~ lengthy discussion and co,ants by the Council, Attorney Clinton Scott ~epresenti~ the objectors ~d Attorney Jo~ Spi~er representi~ Dock Lessee ~man S~, regardi~ ter~ of the Dock Lease, gr~ti~ per~ssive use for retail sales of ~e supplies and Just what .those supplies should consist of, addition to the present building, boat repairs, etc., ~. C~bell moved that the matter be tabled for a week. Mayor W~ren,relinquishing the chair, seconded motion ~d upon call of roll ~. O~bell ~ Mayo~ ~ren voted in fav~ of the motion, ~. Avery, ~. S~dy ~d ~. ~ayer berg opposed. The motion did not c~r2. Foll~ing f~er le~t~ discussion ~d co, ants ~d upon call of roll on the motion to go along with t~ Pla~ing Bond's reco~enda- tions, ~. Avery, ~. Sund2 ~d ~.. Thayer voted in favor of the motion, ~. O~bell ~d Mayor W~ren berg opposed. ~. C~bell asked Mayor ~arren If he could m~e a statement, as follows~ '~en ~is lease is dra~or it will call for ~ entirely new lease, I believe~, won't it?" Ci~ Attorney: "It would depend on how ~ pm~tions would have to be ~ended. If the~e is one or t~ p~a~ap~ only, it could be handled ~ an ~ndment." ~. O~bell: "And the t~e of build~g that is conte~lated being used will co~ up in the usual ~er~ to the Building Depart- ment for ~ O.K., etc." Cit~:Attorney .... a ~tter of fact the Co~cil will have to approve~'~e f~al form of lease," ~.~.. ~bell. As t~s is ~ increase in per~ssive use, I be- lieve th~ ~ per~ssive use the Co,oil also has to pass on the use. I Just ~t to be on recoPd ~d make ve~ cePta~ that the Co~cil is made fully aware at all times what is intended ~ the use in the build- ing, ~d as f.~ as possible that we are on reco~d as to the use, '~at it will not be for repairs because that is not included In the recom- mendation ~d it will be intended to police the mater religiously to make certa~ that the lease is lived up to one thous~d percent." Ci~ Attorney: "~y I make one mo~e sUggestion. Now this is a suggestion. I ass~e you ~e gong to w~t ~ to prep~e the lease. Would it be feasible to have ~. S~th sub~t ~at he intends to use or ~at he does not intend to use it for." ~. C~bell: "As to ~at he intends to sell, etc." City Attorney: "So you c~ ~rive at so~ way of redr~ting the ~. O~bell: "~at's the point I've been trying to make for some t~e. ~o Is going to decide what is per~ssable for h~ to sell. Are we going to go on a list that he submits or ~e we gong to ~ke up one or ~o is gong t~ make it up. It hasn,t been offered to us 8.a. (second ~tem) C~ ~s~er S~itzes ~e~d the follo~i~ Board ~eport dated Octobe~ ~, "~t a re~ul~ meeting on 3eptembe~ 29 the Pla~l~ ~nd Zon~n~ Board held a he~n~ on a ~equest fr~ Ene G. ~cFee, ~ealto~, fo~ F~ De~ce to ~ezone Lot 16, ~illi~on R-~ to R-3. "~ peeso~ were notified ~nd none appe~ed. "~e Board moved that the request be ~ted ~d so reco~end." -~- 10-9-61 OCTOBER 9, 1961. It was moved by Hr. Ave~j to accept the ~ecommendation of the Planning Board and ~vant said rezoning request. The motion was seconded by 14~. Thayer and carried %%nanimously. 8.b... City Manager Smitzes presented the £ollowing report f~om the Director of Public Works that had been requested b~ the Council, regarding tree trimming on N. W. P_nd Avenue. "The subject t~ees are extremely large and, as stated b~ Mr. John K. Glessner in the last Council meeting, some of the limbs are very b~ittle and tend to break off during storms. All of the trees a~e rooted within the ~ight-of-way of city Property. "Inasmuch as the city does not have equipment for scaling trees of this size, it is recommended that the necessaru trimming be done by contract at an estimated cost of $240." It was moved by Mr. Campbell, 'seconded by M~. Sundy and unanimously carried that said trees be trimmed at a cost of tP/~O.00. 6.f. (supplemental agenda) City Ma~.ager Smitzes read the following memorandum'. "Lots Nos. 319 thru 330, Tropic Isle S/D, were on a Survey Report of lands in violation of the cityts Nuisance Ordinance. However, these lots are in a Goverrmlent Spoil area and the Florida Inland Navigational District maintains NO Fund for abating such nuisance. "The condition of' the area involving said lots is such as to create a nuisance and hazard to improved and. %enanted properties in the immediate area. "Cityts equipment is not sufficient to abate this nuisance due to type of growth. Bids have been received for abating the existing nuisance and are as follows: Mike Blank $500.00 Hardrives ------- It is requested that the Tax Office be advised of Council desire concerning the existing nuisance cn the hereinabove described parcels of land." M~. Campbell moved that the Tax Office be notified that the Council is not interested in clearing said property at city expense 'but would ask the City Manager to contact the necessary parties in the F.I.N.D, to see what can be done, not only to clear this property but that property backing up to .Harbor Drive. Mr. Avery seconded the motion with the stipulation that the City Manager consult with the Intra- coastal Waterway City Coordinating Committee, Mr. Campbell did not accept the second as made. The motion was then seconded by Mr. Thayer and carried unanimous ly. 6.g. (supplemental agenda) The Sewer Committee consisting of TM. Ward Robinson, City Engineer Fleming and Councilmen Avery and Campbell was dismissed by Mayor Warren. 9.a. City Manager Smitzes presented bills for approval as follows: General Fund $35,994.40 On motion by Mr. Avery, seconded by Mr. O~mpbell and unanimously carried the bills were ordered paid. The meeting adjourned at 9.'40 P.M. .... R. D. WORTHING . -6- 10-9-61 PEOSZi~TIES IN VIOLATION 0F 0RD!N,aNCE G-l[~7 AND SECTION 15-4 OF THE CITY CODE OWNER ADDRESS LOT, BLOCK & $/D CODE Robert A. & 923 Seagate Drive Lots 1 thru 9 Bernice E. Vos Delray Beach, Fla. Block 124 4 Edward B. & Anna 282 Venmum Ave. Lot 9~, Tropic Palms M. Breen Mansfield, Ohio Robert T. & 1513 S. W. 5th Ct. Lot 95, Tro~ic Palms Shirley Schroeter F~, Lauderdale, Fla. Evans Homes, Inc. 903 S.E. 10th Ct. Lots 97 & 98. Deerfield Beach, Fla. Tropic Palms Vander & Edna 1510 Atlantic Ave. Lots 119 thru 123, Messlck Beach Haven, N.J. Tropic Palms Mable Hieber 106 Fifth St. Lot 125, Trooic Palms Spamer Beach Haven, N. J. ~. R. & W. 11 'Birchwood Place Lot 126, Tropic Palms Jacqueline Wegner Tenafly, N. J. L. L. & Ethel 1960 S.E. 16th St. Lot 128, Tropic Palms J. Stanger Pompano Beach, Fla. Nettle i. 1949 S.E. 16th Ct. Lot 129, Tropic Palms Collier Bellaire, Pompano Beach, Fla. Elizabeth V. 337 S.E. 15th Terr. Lot 130, Tropic Palms Massarene Deerfield Beach, Fla. % Huck Realty Co. Jessie A. Parsons 3015 Hobart St. Lot 131, Tropic Palms Woodside 77, N. Y. Horace C. Jeffers 53 Maple Ave. Lots 132 thru 134 Morristown, N.J. Tropic Palms ~erson C. & 18 Briarcliff Rd. Lots 135 & 136 Unie Church Tenafly, N.J. Tropic Palms E. Loimer & Eva 3 Last Road Lot 137, Tropic Palms 4 Mae Williams Tenafly, N. J. Lars :& Margith 301 S.E. 3rd Ct. Lot 138, Tropic Palms 4 Husebo Garden Isles Pompano Beach, Fla. Vander & Edna 1510 Atlantic Ave. Lot 139, Tropic Palms Messick Beach Haven, N. J. EVans Homes, Inc. 903 S.E. 10th Ct. Lots l~O, 143 & 1~5, Deerfield Beach, Fla. Tropic Palms J. J. & Estella 1251 Torrey Rd. Lots 141 & 146 V. Binder Grosse Point Woods 36 Tropic Palms 4 Michigan Melvin & O'Dstta P.O. Box 111 Lot 142, Tropic Palms 4 Schmitt Boca Raton, Fla. City of Delray Delray Beach, Fla. Alley in Blk 27 4 Beach Arthur L. % Belk-Tyler Co. Lots 2 & 3, Blk. ~, Tyler Rocky Mount, N.C. Dell Park 0WNE.__~R ADDRESS LOT, BLOC,K,,~ & S/~. CODE Paul E. Gringle P.O. Box 1066 Lots 1 thru 6, Blk 3 Delray Beach, Fla, Rosemont Park Rose Malone P.O. Box 1678 Lots 19 thru Markey Delray Beach~ Fla. Blk 3, Rosemont Park Eddie & Adrena P.O. Box 2047 Lot 25, Blk 1, Turner Delray Beach, Fla. Atlantic Pines Amy M. McKenzie 318 N.~. 10th St. Lots 26 & 27, Blk 1 Miami 36, Fla. Atlantic Pines Submitted to the City Council by the City Manager this _ 9th ~ay of October, 1961. -.