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02-08-60 FEBRUARY 8TH, 1960 A Regular Meeting of the City Council was held in the Council Chambers at 8:00 P.M., With Mayor Glenn B. Sundy in the Chair, Acting City Manager R. D. V~orthing, City Att'y. Richard F. Zimmerman and son, Councilmen Col. Dugal G. Campbell, Charles H. Harbi John A. Thayer and George¥. V~arren being present. An opening prayer was delivered by Reverend Paul J. Smith. On the approval of minutes, Mm. Harbison brought out the matter of the motion concerning the .coffee breaks that the mo*ion as made did not in his mind appear in the minutes as made. He said that it was his understanding at the time the motion was made it was made quite emphatic that city employees would take coifee breaks between lO:l$ and~lO:30 a.m. and between 3:15 and 3:30 p.m. as specified not "suggested" that these times be followed as the minutes indicate. Mr. Harbison said that he felt the motion made the times rigid, and that if a correction is to be made it ought to be countermanded by the Council. Mr. Harbison moved that the minutes of February l, 1960, be amended to read what was actually contained in the motion and that .if other action is desired that the Council should change it, the motion was seconded by Mr. Campbell and unanimously passed. The February l, 1960, minutes were corrected .to indicate: "Mr. Campbell stated that he believes in an established rest period, the so-called coffee-break, which has been held, but without authority, should be established, and I offer this; that a coffee-break be authorized on the following basis: one fifteen minute period from lO:15 to 10:SO a.m, and a second period from S:15 to S:30 p.m. In offering this I take it for granted that the hours will be held rigid. I make that as a motion. The motion was seconded by Mr. ~arren. Mr. Campbell stated thathe understands that some of the Departments take "breaks" and others do not and that he believes the Council should go on record as to what we believe should be given and then hold to that. After discussion, the motion was passed unanimously." Mayor Sundy set aside the order of business at the request of Mr. Campbell and Mr. Campbell then moved, in order that the intent of the motion as made and discussed February l, 1960, will prevail, that the act be amended that the right of time be left.to the Department Heads rather than to the strict set-up that the previous motion made. The motion was seconded by Mr. Harbison. On question by Mr. Thayer, Mr. Campbell said it is his intention that the Depart- ment Heads also establish the place of the coffee-breaks for em- ployees, but that fifteen minute limitation be followed. The motion carried unanimously. Mr. Thayer moved that the minutes of the February l, 1960, meet- ing be approved as corrected, seconded by Mr. Campbell and unanimousl~ carried. ConcerBing Use of City Equipment, Mr~ Ca~pbell moved that the matter be tabled for further consideration. ?he motion was seconded by Mr. Thayer and unanimously carried. Mr. V~orthing then read the following recommendations for appoint- ment to Co~m_ittees and Offices: HEALTH DOCTOR Dr. M. E. Bu, rk, ~, D, FEBRUARY 8th, g · PLUMB ING B 0ARD William Totterdale, Plumbing Inspector Dr. N. E. Buerk, Elector Charles Clark, Plumber Edward Phillips, Plumber John H. NcWethy, Plumber ELECTRICAL EXAMINING BOARD C. W. ~ickerd, Electrical Inspector C. W. Trieste, Electrical Engineer Wm. J. Gearhart, Florida Power and Light Co. Matt Gracey, II, ~lector John R. Gregory, Elector Richard T. Hanna, Architect Mr. Harbison moved that the Committees and Offices be appointed as read. The motion was seconded by Mr. Thayer, a nd carried unanimous ly. In the matter of appointments to the Inter-Racial Committee, the Council asked that persons be contacted to indicate if they would serve on the Committee and another report be made in the near future. Mr. Worthing stated that it is recommended that an Auditor be appointed for the City, and that Bateman and Jefferies of West Palm Beach, who have supplied the last five years' audits, be re-employed for the present fiscal year. Mr. Harbison moved that Bateman and Jefferies be re-employed as auditors for the fiscal year. The motion was seconded by Nr. Campbell, and the vote was: For -Nr. Campbell, Mr. Harbison, Mr. Thayer, and Mr. Warren. Mayor Sundy voted against the motion. Mr. Campbell then moved that either Mr. Bateman or Mr. Jefferies be asked to meet with the Council within the next two weeks to discuss the details of the type of audit the Council wishes and that the auditors may recommend. Mr, Thayer seconded the m6tion, which carried unanimously. On request from Mr. J. C. Scott on behalf of his client Mr. W. R. Haggart, requesting that lots 1-12, Block 73, be re-zoned from R-2 to R-S, Mr, Campbell moved that the request be re.ferred to the Planning Board for discussion and hearing. Mr. Harblson seconded the motion. Mr. Scott then address the Council asking that the request be changed to request permissive use as a Post Office site on lots 1-4 and a parking lot in connection with the post office on lots 8-12. Mr. Campbell stated his motion will stand with the correction, and Mr. Harbison stated his second will also stand.~ The motion carried unanimously. Mr. V~orthing read the request ofl,t~he, P~lm Beach County Park Department for the installation of a water meter to service the Delray Beach Playhouse, located in Lake Ida Park, at the south end of the Lake. Mr. Worthing recommended that the request be granted, in view of the report of ~he Director of Public Works that only ll$' of 2" water line and installation of a meter a few feet beyond the City Limits on the County property would be involved, all costs to be borne by the County. Mr. Harbison stated he understands that there is an emergency situation at the Playhouse in that their water has become unfit for use, and that this is a more or less public or community organization. He stated" that there is at present a Resolution forbidding installation of water services outside the City Limits without an Irrevokable Petition for Annexation, and he thinks this is a very worthy cause. In view of these points, Mr. Harbison moved that the Council revoke Resolution Number 1200, and FEBRUARY 8th, 1960. that the requested water extension to the Playhouse be granted. The motion was seconded by Mr. Warren, and unanimously carried. Mr. Harbison then moved that the City Nanager, City Attorney, and Director of Public Works, as head of the Water Department, make a study and recommendation as to a policy they could recommend. N~. Campbell seconded the motion, which was carried unanimously. Nr. Campbell asked that since Mr. Roy Roseke has stated that the existing system presently supplying the Playhouse has proved "inadequate" that the inadequacy be used as a basis for granting the request rather than being unfit for use. Mr. Worthing then informed the Council of a request of Joe kose, Jr., for water service to his home located outside the City Limits. He sta ted that a water main is located adjacent to this property. Mr. Harbison moved that in view of the study that is to be made, and inasmuch as there has been no indication that this is an emergency, and it is entirely different from the situa- tion at the Playhouse, that the request be tabled until the report is received from the City Manager, City Attorney, and Director of Public ~orks. The motion was seconded by Nr. Thayer. On call of the roll, Mr. Harbison, Mr, Thayer, Mr. Warren, and Mayor Sundy voted for the motion, Mr. Campbell voted against. Mr. Worthing informed the Council that Dr. E. B. DeSilva, owner of lots 187 and 188 of Tropic Isle subdivision desires vacation of the six foot easement between the two lots and will give a new easement of similar width through the center of Lot 188. The easement was established for water drainage. Dr. DeSilva bought a house located on Lot 187, and has since added a wing to the home which crosses the lot line and easement. Mr. ~orthing recommended that the relocation be granted inasmuch as no other property is involved. Mr. Campbell questioned if a building permit for the addition was. granted and if any dispensation was given at that time. N~, Worthing stated that the wing would necessarily have to be by a permit~ranted by the Ins~ctions Department. Mr. Harblson moved that the matter be referred to the Planning Board for their study and recommendation. The.motion was seconded by Mr.. Thayer and unanimously passed. Mr. Campbell then asked the City Nanager to report to the Council if a pewit for the wing had been granted, and if so how was a permit granted to build out over an easement. Mr. Harbison made a motion that the City Eanager bring back to the Council a report on their findings. Mr. Thayer seconded the motion which carried unanimously. Nr. Worthing then submitted to the Council a report from the Chief of Police concerning parking in the vicinity of ~Vest Fifth Avenue and Atlantic Avenue. The Chief of Police recommended that angle parking be permitted from the east line of the Georgia Town Tavern property westward to Fifth Avenue on the north side of Atlantic Avenue to coincide with the angle parking on private property already provided from the Georgia Town Tavern property eastward to Fourth Avenue, the angle parking to be on a trial basis for study and further report. Mr. Harbison moved that the recommendations of the Chief of Police and City Manager be instituted on a trial basis, and that the balance of the block be considered angle parking eastward to Fourth Avenue. The motion was seconded by Mr. Thayer, and passed with Mr. Campbell, N~. Harbison, N~. Thayer, and ~ayor Sundy voting for the motion, Mr. Warren voting against. FEBRUARY 8th, !960. Mr. Worthing presented a report from the Director of Public V~orks concerning the drainage problem at the Ice Plant. The Director of Public Works reported th t investigations have failed to disclose any operations by the Ice Plant or Water Softening Business which regularly permit salt or salt water solution to penetrate into the alleyway or street. However, in order to prevent any possible penetration into the right-of-way, it is recommended that the alley be graded and drainage facilities be installed. Also, it is recommended that the alley be paved approximately 200' southward from N. E. First Street, and First Street be paved with asphaltic concrete and sloped so that water will flow into a new inlet to be installed at the intersection of the alley and the street. Total cost of the improvements is estimated to be $$75, and authority is requested to proceed with this work. Mr. Harbison moved that the recommendations be tabled for further study until the next meeting, the motion was seconded by Mr. Thayer and unani- mously carried. N~. ?~orthing submitted a report from the Chief of Police that none of the parallel parking stalls at the Post. Office be eliminated; however, he recommended that the angle of parking be reduced in this area, which should eliminate the congestion in this area. Thayer moved that the recommendations be accepted on a trial basis. Mr. Harbison seconded the motion which carried unanimously. Mr. Worthing then submitted reports from the Planning Board as follows: 1. That the deviation request for side yard setback deviation of 3' by John Davis on Lot 9, Block 4, Northridge sub- division be granted. Nr. Campbell moved that the deviation be granted. Motion was seconded by Nr. ~if~arren, and carried unanimously. That the request from Miss Lillie Baker for permissive use of the property on lots 3 and 4, Lincoln Park, for a nursery school based on the plans submitted, and further the Planning Board, Building Inspector, and all other interested Departments will use this approval to construct standards for further similar requests, be accepted. The ~oard further recommends that no action be taken on other requests for nursery, schools at the present time. N~. Campbell moved acceptance of the recommendations of the Planning Board. ~r. Thayer seconded the motion which carried unanimously. 3. That the request of Dudley Barlow and William I. Butt to re-zone Lots 1-8 of Williams Subdivision from R-2 to be denied, feeling that further multiple-units in this area are not ~ustified at this time. Mr. Thayer moved that the recommendations of the Planning Board .be accepted. Mr. Campbell seconded the motion which carried unanimously. 4. Pertaining to the request of Miss Stella M. ~alker to re-zone Lots ~ and 8, ~Block 78, from R-3 to C-2, the Board voted unanimously to recommend that this applica- tion be denied on the basis of creatir~g a spot zone. Harbison said that he feels that'the growth of that area is stymied because of the refusal of commercial zoning, and that business would be the appropriate classification for this parcel. For that reason, Nr. Harbison moved that this parcel be re-zoned to C-2 as requested. Mr. Thayer seconded the motio~n. On request of Mr. V~arren, Mr. Knowles informed the Council that zoning of the entire area is under consideration, and Mr. Simons will make his recom- mendations when a new zoning ordinance is submitted. ~r. Campbell, feeling that the area should be considered as a whole for re-zoning~ said that he felt strongly against re-zoning of just two lots. Mr. Harbison withdrew his FEBRUARY ~th, ]960 motion so that a motion could be made to re-conSider zoning in the entire area. Nr. Campbell moved that the request be tabled for study. The motion was seconded by Nr. Thayer, and carried unanimously. 8. That the deviation request of Er. Doyle Irwin for side setback on Lot 8, Block 8, Northridge, be granted in view of the location of the lot being on a curve and the deviation being a side of this lot, with the abutting lots facing away. On motion of Nr. Harbison, seconded by l~r. Campbell, the request was referred back to the .~lanning Board to hold a hearing and submit their report. he motion carried unanimously. 8. That the deviation request of Ir. Anthony Butler for a waiver of parking restrictions on Lot ?, Block 100, be granted inasmuch as the property will fall into the Central Business District in which all parking restric- tions should be waived, which will appear in the new zoning ordinance now under study and preparation. Campbell moved that the request be granted upon condition that the owner furnish the City with an agreement that if either the ~'ifth Avenue or the adjacent alley rights-of- way must be widened, that there be no clain for the ~condemnation of this property. The motion was seconded by Mr. Thayer and unanimously carried. ?. That the request of Nfs. Marie v~. Sayre for a deviation in order for her to build a canvas covered carport at her home on Lot 28, Block 121, be granted. On motion of Mr. Thayer, seconded by Mr. Harbison, the recommenda- tion of the Planning Board was accepted. The motion carried with Mr. Harbison, l~r. Thayer, Mr. ~Jarren, and Mayor Sundy voting for the motion, l~r. Campbell abstaining. On the matter of the re-zoning of Lot 12 and part of Lot ll, Block 28, from R-2 to R-S, the Planning Board voted that the case be referred to the Delray Beach Civic League for their comments in writing, and that the matter be tabled until the next regular meeting of the Board. On motion of l~r. Campbell, seconded by Nr. Harbison, the matter was tabled. The motion carried unanimously. 9. That the request of Nr. Milton Boone for permissive use to operate a nursery on Lots i thru 28 incl., Plat S of ' Southridge subdivision, be granted. On motion of Nr. Harbison, seconded by Nr. Ir~arren, the request was granted by unanimous vote of the Council. 10. A request of the Chamber of Commerce requesting that the Planning Board consider restricting the number of gaso- ~ne filling stations or the distance between was dis- cussed by the Board. The ~oard voted that this be referred to the City Attorney for his interpretation as to legality before further consideration. On motion of lit. Campbell, seconded by Mr. Harbison, the matter was tabled for study, by unanimous vote of the Council. 11, Concerning the matter of the ultimate right-of-way on Northeast Fourth Street between Swinton Avenue and Federal Highway, it has been neglected too long in the minds of the Board members. There are a number of zoning change requests affecting this area, and activity in this area indicates new building could take place ~vhich would affect FEBRUARY 8th, 1960. this ultimate right-of-way. The Board feels that immedi- ate action through ordinance to create and protect this~~ right-of-way would be to the public interest, and that this matter is urgent. The width of the ultimate right- of-way should be no less than eighty feet since this will in due time become an arterial street from Federal Highway to Military Trail. On motion of Mr. Campbell, seconded by Mr. ~arren, the matter was referred to the City Attor- ney and asked that he take the necessary action as to preparing a proposed ordinance and any other moves that should be made in clearing of the situation. Motion was carried unanimously. 12. That the request of Dr. K. N. Davis for-permissive use of the Southwest corner of Model Land Company Lot Section 8 for expansion of the Lutheran Church Building Program be granted, subject to submission and approval of a site plan by the Planning Board. On motion of Harbison, seconded by Mr. Thayer, the matter was tabled awaiting a report from the Chevy Chase Association repre senting property owners in the area. The motion carried unanimous ly. On motion of Mr. Campbell, seconded by Mr. ~farren, which car- ried unanimously, payment of bills were approved in the amount of: General Fund $ 1,045,565.08 Operating V~ater Fund $ 1,958.63 Interest and Sinking Fund of ~Jater Rev. Cert. Series 1957 27,000.00 Special Trust Account 1,399.88 Improvement Fund 17,723.55 Mr. ~Varren requested information as to the current status of the ~estside Housing Improvement. Program and the survey being made.' He was informed that the survey zs in its final stages, and that the next step will be preparation of the justification of need with the assistance of a representative of the H.H.F.A. who will be in the City in response to our request submitted last week. Mr. Campbell then moved that the resignation of Mr. A. H. ~alker as watchmanat the 100' Beach be refused, and that Mr. ~alker be so notified. Further, Nr. Campbell moved that Mr. Yalker be pla ced on a $$0 per month car allowance basis, that his time of employment be limited to the time that he arrives at the Beach at Ocean Ridge and to the time that he leaves Ocean Ridge Beach, and further that a radio be installed in his private car; and that the other employees at.that Beach be informed that their time of employ- ment is the same as has been suggested for Mr. Malker -- the time they arrive at and to the time that they leave the beach. Nr. - Thayer seconded the motion. On question byMr. Harbison, ~r. Campbell answered that it is assumed in the motion that if the employee must leave the Beach on City business during his tour of duty he will be considered as on duty. The motion carried unanimously. On question by Mr. ~Jarren, Mr. Knowles, Planning Board Chair- man, stated that the surveys of ~est Atlantic right-of-way are now in final stages and will be submitted to the City Council when received. Mr. Campbell moved that the Department of Public l¥orks prepare a report on the cost of repairing the Central Sewer Plant located in the City Park to put that in use, and further that the City Attorney submit a report on the possibility of charging this cost 6 F~BRUAEY 8th, 1960. to the users as a maintenance tax thereafter. Mr. Thayer seconded the motion. Nr. Campbell said he understands that this plant has not been in use for some time, and that raw sewage is entering the waterway, and if the plant can be repaired without undue cost it should be. The motion carried unanimously. Mr. Worthing then submitted a request of Nr. John Noore, on behalf of his client Mrs. Helen Morris, that an easement over the easterly six feet of Lot l, Seabreeze Park, be vacated by the City, subject to the approval of the Florida Power a nd Light Company. It is contemplated that a new building will be constructed on Lots 1 and ~ of Seabreeze Park and therefore abandonment of the easement is requested, subject to the conditions that the two-inch water line now in the easement will be re-located so that it will run northerly from Atlantic Avenue on the east side of Seabreeze Avenue to a six foot easement to a point of connection in the rear of Lot l, and that such re-location shall not be at the e~pense of the City of Delray Beach, and that the present easement be abandoned only sub- ject to the approval of the Florida Power and Light Co. The matter was referred to the City Manager and Director of Public ¥~orks for study and report by motion of Mr.~ Harbison, ~seconded by Nr. Thayer, and unanimously carried. Mr. WTorthing then read to the Council the following letter from the Florida Rating and Inspection Bureau: Dear Nr. Lawson: FI~E ~DEFENSES - DELRAY B~ACH, FLORIDA This is in further ~eference to our letter of October ~, 1~$9, concerning the revision in the fire insurance rates for Delray Beach to the better fire insurance classification, NB Class 8. ~e are please to ad- vise this work has been accomplished and the new fire insur- ance rates have been mailed to theinterested agents. Any time we can be of assistance to you in matters pertaining to the improvements in the fire defenses, please let us know. Very truly yours, R. P. Goodloe, Nanage r On motion of Mr. Harbison the City Nanager was instructed to convey the commendation of the City Council to the Fire Department for their past operations in helping to bring the re-rating about. Mr. Campbell asked that the commendation be added to include the City Nanager's Office for the part played in bringing ~bout the re-rating. Nr. Thayer seconded the motion, which carried unanimously Mr. ¥orthing presented to the Council documents from the County Right-of-~ay Agent's O~fice for execution by the City in order to obtain necessary right-of-way for re-building of Fifth Avenue and Sixth Avenue, and appurtenants, bids for which will be solicited within the next four weeks. Nr. ~orthing recommended the Council authorize execution of the documents, subject to approval by the City Attorney. Nr. Zimmerman said that aecording to the Charter all such documents would necessarily h~ve to be checked and approved by the City Attorney before execution, in answer to a question by Er. Harbison. Mr, Campbell moved thatsuch authorization be given to the City Nanager and Cit~ Attorney to execute the documents. Notion was seconded by Nr. Thayer, and carried unanimously. FEBRUARY 8th, 1960. Mr. ~Varren then asked what progress has been made concerning the construction of a City Hall and Community Center. Mr. Gray, Director of Recreation, said that the Community Center project cannot progress further until an architect is retained by the City. Mr. Campbell then moved that a meeting of all concerned parties be set up by the City Manaser for Friday, February 12th, at a time convenient for all parties. The motion was seconded by Mr. Harbison and carried unanimously. The meeting was adjourned at 9:85 p.m. on motion by Mr. Thayer, seconded by Er. Harbison. R. O. W.or~thinE,, , City Clerk APPROVED: 8