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02-22-60 FEBRUARY 22, 1960. A regular meeting of the 0ity Council was held in the Council Chambers at 8~00 P.M., with Mayor Glenn B. Bundy in the Chair, Acting City Manager R. D. Worthing, City Att,y. Richard F.Zimmerman, and Councilmen Col. Dugal G. Campbell, Charles H. Harbison, John A. Thayer, and George V. Warren being present. An opening prayer was delivered by Rev. Robert G. Morey. On motion of Hr. Harbison, seconded by Mr. Thayer and carried unanimously, the minutes of the February 15, 1960 meeting were approved. Mr. Campbell moved that two of the automobiles offered for public auction and on which bids were received on February 15, 1950, be donated to the Seacrest High$chool for shop use, specifically the Chevrolet #010113 and Ford #12095~, the instructor b~ving said he would be happy to have them. Hr. Warren seconded the motion. Hr. Harbison asked the City Attorney if the Council had the right to donate the vehicles. Hr. Zimmermangave his opinion that the City had the legal right to make this donation to the High School, as a charitable institution. The motion carried unanimously. Mr. Campbell then moved that the other three vehicles offered at auction on February 15, 1960, be sold to the high bidders. Mr. Harbison seconded the motion, which carried unanimously. Hr. Th~yer, having requested that an item for discussion con- cerning the proposed City Hall and Community Center be included on the agenda, read the following statement: "While I requested that the discussions regarding the City Hall and the Community Center be placed on to-nights agenda, I realize that these two subjects are of g~eat interest to ALL the members of the Council as well as to the Public. The motion I am about to make is: As to the Community Center. At present, there is no such facility nor has there been one. I have heard no one say, nor have I read, that a Community Center is not needed in De]may Beach. When I refer to a Community Center I refer to a facility where recreational, social and cultural bene- fits are available to both Youth and Adults, a place where there sma facilities for sports, for dances, lectures, concerts and meet- ings of civic groups. Civic organizations, the General'Public, City Councils, editors and Columnists have been urging, for years, the creation of a Com- munity Center. The ideal facility would require much more money than my motion will provide for. However, my motion, if voted favor- ably upon, will provide, I believe, a good nucleus for the ultimate ideal result. Last Fall, a Recreation Advisory Committee was appointed; to make a study of sites, needs and costs for a Community Center. This Committee, working with the City's Recreation Director, has ardu- ously and thoroughly given much time to the project. There have been frequent meetings with the 1959 and 1960 Councils. Almost thirty sites have been examined. Probably, not one of these would meet with the approval of ALL of the citizens. However, I believe that the site which others as well as I recommend is good. I know that approximately $46,000.00 has been earmarked for a Community Center project. Other funds are available through the recent sale of the Golf Course. Let us proceed to provide a center, recreational, social and cultural for our Youth and our adults." Hr. Thayer then moved that the sum of $100,000.00 be authorized for the establishment of a Community Center; that a building be erected on the project having an auditorium for the use of both Youth and Adults and that the Acting City Manager secure plans and specifications from an architect to be appointed b2 the City Council FEBRUARY 22nd, 1960. as soon as practicable; that the architect selected for the project and the City Council establish the architect,s compensation on basis which is mutually satisfactor,j and by a ~itten agreement; that the project of the Co~uunity Center with recreational facili- ties be started at the earliest practicable date and that it be situated on the City-owned property immediately north and adjacent to the Central Fire Station. The motion was seconded by F~. Campbell. After discussion concerning the amount, and the under- standing that the $100,000.00 stated would be an upper limit not to be exceeded, the Council agreed that this would be the first step toward an overall project for the future. The motion carried unanimously. F~. Campbell then moved that a Committee, consisting of Kenneth Jacobson, Mr. Thomas Gray, and all members of the Recreation- al Advisory Committee, acting as a Committee of the Whole, prepare a site study at no cost to the City. The motion was seconded by Mr. Harbison. Mr. Warren asked if that study should be done within the next week, and the Council agreed that one week should be the limit. Mr. Warren then requested the Mayor to call a Special Meeting of the City Council for February 29, 1960, it being the fifth Monday of the Month and no regular meeting is scheduled for that date. By agree- ment between the mover and the person seconding the motion, the call for the Special Meeting was included within the original motion. The motion carried unanimously. Mr. Warren then moved that the City Council appropriate from he proceeds of the sale of the Golf Course an amount not to exceed 200,000.00 to build a City Hall, including Air Conditioning and other facilities, any continuance of the present contract to be de- termined within the next week. Mr. Thayer seconded the motion. On request for clarification, Mr. Warren said he intended his motion to include appropriation for site preparation, parking lot, and construction of the building, and furnishings necessary not to be included in the amount. The motion carried unanimously. Mr. Worthing then submitted the request of the Lutheran Church for permissive use of a parcel of ground on N. W. Fourth Street, which had been tabled previously for report from the Chevy Chase Association. Mr. Fritz Friberg, representing the Church, was present. Mr. Friberg said that the actual locations of the buildings will be determined by an architect. Mr. ~riberg stated that the Planning Board, in making their recommendation, had included the requirement that the Church and School Buildings be setback twenty-five feet from the north lien which abuts Chevy Chase. Mr. Harbison asked i£ anyone in the audience represented the Chevy Chase Association, and if so what the result of their meeting was. A gentleman who did not state his name said he did not represent the group; however, he was at the meeting and that twelve persons voted against the use, ten voted for the use, and one remained neutral. Mr. Campbell said he feels the City as a whole, and Chevy Chase in ~articular, are fortunate that a Church and School will be located on this piece of property; therefore, he moved that the petition .be granted, and that the Planning Board's recommendation for setback be followed. Mr. Harbison seconded the motion.' Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor Sundy voted for the motion, Mr. Warren voting against. Mr. Worthing said that the item concerning appointment of the Board of Adjustment was included on the agenda at the request of Mr. Warren. Mr. Harbison asked the City Attorney, if a Board were appointed at present, what provisions would apply for actions until the Board could act under the Ordinance now being processed? Mr. Zimmerman said that the Ordinance would not take effect until thirty days after its final passage, and that the Board could not act under it until then. The City Council would continue to act as the Board of Adjustment until the Ordinance took effect. Mr. Warren then moved that the following citizens of Delray Beach be appointed to the Board of Adjustment: C. J. Manson, Chairman J. Clinton Scott Roy M. Simon H. Benjamin Adams Ward M. Robinson 2 FEBRUARY 22nd, 1960. The motion was seconded by Mr. Harbison, and carried unanimously. Mr. Warren asked the City Manager to notify each member of the action. Mr. Worthing presented a reqmest of Hr. J. H. Shellenberger, owner of Lots 22 and 23, Block 4, Lake View Heights, for deviation of 12~ feet in side yard setback. On motion by Mr. Campbell, second- ed by Mr. Harbison, and unanimously carried, the request was referred to the Planning Board for hearing and recommendation. Mr. Worthing presented a petition requesting the opening, grad- ing and paving of N. E. 7th Street between 5th and $th Avenues, signed by the property owners representing approximately 51.4 percent of the frontage and seven of the nine owners affected, and indicating their approval to be assessed a protion of the cost of the improve- ment. Mr. Thayer moved that the petition be granted on the usual basis of the property owners paying eighty percent of the cost and the City paying twenty percent. The motion was seconded by Hr. Campbell and unanimously carried. Hr. Worthing presented the .request for re-location of a six foot easement between Lots 1 and 2, Seabreeze Park which had been tabled. He reported that he .had discussed the request with the Director of Public Works and the Consulting Engineers for the sewer- age program and neither entered any objections. Mr. Worthing recom- mended that the request be granted, providing that the public utili- ty companies did not object, and further that any relocation of City facilities in the present easement be done at no cost to the City. Mr. Harbison moved that the request be granted subject to the con- ditions recommended by the City Manager. The motion was seconded by Hr. Thayer and camried unanimously. (see amen.dment to preceed~ng paragraph attached to last page of these minutes) Regarding the ~etition of property owners in Block 76 that the east-west alley through the block be paved, which had been tabled the previous week, Mr. Campbell moved that the alley be paved provid- ing that the property owners pay fifty percent of the cost of im- provement and that the City pay fifty percent of the cost, and that a policy be established that all alleyways north and south of Atlantic Avenue be paved upon request upon the same basis of sharing the cost. The motion was seconded by Hr. Thayer. Upon request of Mr. Harbison that the motion be considered on its various parts, Mr. Campbell and Mr. Thayer agreed to present the motion only on the alley in Block 76 running from N. E. 1st Avenue to N. E. 2nd Avenue. The motion carried unanimously. Mr. Campbell then moved that any other alleys on which petitions are received, north and south of Atlantic Avenue, be treated in the same manner as funds are available. Mr. Harbison asked if that in- cludes property going all the way from the Beach to the City Limits to the West? Hr. C~mpbell asked that it be limited to an area from Swinton Avenue to the Inland Waterway.. The motion was seconded by Mr. Thayer and unanimously carried. (see amendment to preceeding paragraph attached to the last page of these minutes.) Mr. Worthing then read Resolution No. 1225: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, " VACATING AND ABANDONING THAT PORTION OF N. W. 1st BTREET LYING BETWEEN N. W. 1st AVENUE AND N. W. 2nd AVENUE, AND THAT PORTION OP N. W. 2nd AVENUE LYING BETWEEN ATLANTIC AVENUE AND N. %;. 1st STREET AS SHOWN UPON THE ATLAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the..City of Delray Beach, Florida owns all real prop- erty lying contiguous and adjacent to the Streets sought to be a- bandoned by this Resolution, and WHEREAS, the said streets have never been opened for the public to use, and W!4~EREAS, the said property of which said streets are composed can be and are being put to another more worthy civic use, FEBRUARY 22nd, 1960. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Pamagraph three,(3) of the Charter for the City of Del~ay Beach, Florida, we hereby declare the following portion of N. W. let Street and N. W. 2nd Avenue to be vacated and abandoned: That portion of N. W. let Street lying between N. W. 1st Avenue and N. W. 2nd Avenue, and that portion of N. W. 2nd Avenue lying be- tween Atlantic Avenue and N. W. let Street as shown upon Sheet No. 6-A of the Atlas of the City of Detray Beach, Florida. PA~SED AND ADOPTED in Regular session this the 22nd day of Febxwaary, A.D. 1960. /s/ GLEN_N B. SUNDY ATTEST: MaYor /s/R. n. WORTHI e City Clerk Mr. Narbison moved passage of Resolution No. 1225. The motion Was seconded by Mr. Warren and unanimously carried. Mr. Worthing presented the matter of drainage near the Ice Plant which had been tabled at the. previous meeting. Mr. Harbiaon requested the Director of Public Works to report on his discussions with property owners in the area. Mr. Fleming stated that Mr. Cohen felt that even with the alley improvement proposed by the City, that he would still be damaged by water p~lutlon in the area, and that the situation should be controlled a~ its source. Mr. Fleming said that he feels the engineering report and recommendations previously made will control the situation on City property, and cannot predict what may happen between other properties - that being a private mat- ter between owners. Mr. Warren asked the City Attorney if the Council can act to prohibit a company from storing salt or other refuse where it is susceptible to rain, etc., prescribing the bUsi- ness provide water proof storage or haul away refuse. Mr. Zimme~man stated that in his opinion such regulation would be too far reaching, and that if the City did as Mr. Fleming suggested it would be as far as the City could go; unless it could be said to be unsanitary and affecting the public health. In this situation there seems to be too few people involved for it to be called a public nuisance. Mr. Warren then asked if after the City improvements were made if they were damaged by the drainage conditions and salt, could the City do something about it, Mr. Zi~e~erman said he believed then the City could do something based upon harm to City property. Mr. Ce~mpbell then moved that the City install the alley pavement as recommended by Mr. Fleming on a fifty-fifty basis for sharing of the cost subject to the consent of a majority of the property owners involved. Mr. Harbison seconded the motion which carried unanimously. In reply to a question presented at the February 15, 1960, meet- ing, Mr. Worthing reported that early in March that portion of N. E. Third Avenue between 2nd and ~th Streets is scheduled for improve- sent under the. City Street Maintenance Program. Mr. Campbell stated that the report included in the agenda concerning possible repair and usefulness of the Sewerage Plant in the City Park was at his request. He stated that it is evident fFom the report that the plant is not in condition to operate as it was supposed to have done, and it is not feasible to repair it. He requested that this matter be dropped, and that the City Manager and Director of Public Works present an estimated cost for operating this plant so that the cost can be charged back to the users, rather than to the City as a whole. He said he feels that a using tax is in order. He then stated he made that as a motion. The motion was ~econded by }iv. Thayer. On question by Mr. Warren, Mr. Campbell ~tated it is his intention that the users pay all cost for mainten- a~nce of the existing sewerage system, and that the estimated cost arrived at by the City Manager and Director of Public Works be used as a basis for a users' tax. Mr. Harbison asked that the Consulting Engineers for the sewerage program be consulted on the matter. Mm. Campbell then said that his motion is only that a study be made on the matter, and that they can consult with the engineers. Mm. Campbell and Mr. Thayer then accepted that the motion will include consultation with Russell and Axon, Engineers. The motion carried unanimously. ~.~ENDMENT OF MINUTES OF FEBRUARY 22nd MEETING. The fourth paragraph of page three of said minutes should be amended to read as follows: "M~r. Worthing presented the request for re-location of an existing easement over the Easterly six feet of Lot l, Seabreeze Park, to run Northerly from Atlantic Avenue along the R/W of Seabreeze Avenue to the six foot easement over the rear. of Lots i & 2, Seabreeze Park, thence Easterly along said six foot easement in the rear of Lots I and 2 to a point of connection in rear of Lot l, Seabreeze Park, which had been tabled. He reported that he had discussed the request with the Director of Public Works and the Consulting Engineers for the sewerage program and neither entered any objections. Mr. Worthing recom- mended that the request be granted, providing that the public utilities companies did not object, and further that any relocation of City facilities in the present easement be done at no cost to the City. Mr. Harbison moved that the request be granted subject to the condi- tions recommended by the City Manager. The motion was seconded bN Mr. Thayer and carried unanimously." The sixth paragraph of page three of said minutes should be amended to read as follows: "Mr. Campbell then moved that any other alleys on which petitions are received, immediately north and south of Atlantic Avenue, be treated in the same manner as funds are available. Mr. Harbison asked if that includes property going all the way from the Beach to the City Limits to the West? Mr. Campbell asked that it be limited to an area from Swinton Avenue to the Inland Water-way. The motion was seconded by Mr. Thayer and unanimously carried." March 10th, 1960 . R. D. WORTHING City Clerk FEBRUARY 22nd, 1960. I~. Worthing presented Bills for Approval in the amounts of: General Fund $24,807.92 Water Fund - Operating Fund 1,979.44 Mr. Harbison moved the bills be approved, seconded by Mr. Thayer, and unanimously carried. Mrs. Emma P. Stevens asked the Council what action she should take to aid in her application, with Mrs Stella Walker, for re- zoning of Lots 7 and 8, Block 78, to C-2~ She stated she has a netition signed by all property owners except two on S. E. F~rst' Avenue from First Street south to Second Street asking for the area to be zoned C-2. Mr. Worthing reported he had talked to Mrs. Stevens earlier in the day and suggested she present her petition to him for submission to the Planning Board at its meeting of March 25th, and that there is sufficient time left to process the re- zoning in the usual manner prior to April 30th. Mayor Sundy re- quested she present her petition to Mr. Worthing as soon as possible. Mr. Worthing then reported that the City and the F.E.C. Railroad had been negotiating a crossing permit for access across the Railroad to the City Dtump south of the City. He presented the crossing agreement, recommending that it be executed subject to approval by the City Attorney. Mr. Campbell moved the recommenda- tion be accepted. The motion was seconded by Mr. Thayer and unani- mously ca, tied. Mr. Campbell moved that the City Manager be asked to make a study of the methods by which we can collect for garbage collection service, and in particular a method for the charge for collection of garbage to be added to our water billing on a monthly basis. The motion was seconded by Mr. Ha~bison, with the understanding that this would not be a part of the water bill, but a separate item. The motion carried unanimously. Mr. Campbell then stated that a fire had broken out just south of the City Limits and our Fire Department was not permitted to go outside the City due to policy of the City Council. He stated he feels that we should help in case of need. Mr. Campbell moved that the City Manager, together with the Fire Chief, prepare a report as to how the City of Delray Beach can give this help when needed. Mr. Campbell said the study should include a recommendation of fee, how service can be given and the possible effects on insurance rates. Mr. Harbison seconded the motion, which carried unanimously. }~. Campbell then asked that a study, by the City Manager and Fire Chief, be made of the need for a fire tower for training pur- poses and possible costs. Mr. Thayer seconded the motion which carried unanimously. The meeting was adjourned by motion of Mr. Harbison, seconded by Mr. Thayer, and unanimously passed, at 9:15 P.M. · ROBERT. D city Clerk APPROVED: FEBRUAEY 22nd, 1960.