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03-07-60 MARCH 7th, 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. Worthing, City Att'y. Richard F. Zimmerman ~nd Councilmen Col. Dugal G.-Campbell, Charles H. Harbison, John A. Thayer, and George V. Warren being present. An opening prayer was delivered by Rev. N. H. Wible. On motion of Mr. Campbell and seconded by Mr. Harbison the minutes of February 22nd and 29th were unanimously approved as corrected, which correction was to the Minutes of February 22nd re- garding improvement of alleys immediately north and south of Atlantic Avenue. After a statement by Mr. Walter Dietz and presentation of copy of petitions signed by several hundred local residents opposing the proposed air strip just west of Lake Ida, and being informed that the Chamber of Commerce had withdrawn their support of the proposed air strip, Mr. Campbell moved that the council recognize that the Chamber of Commerce had withdrawn its endorsement of the proposed air strip and because of the petitions presented tonight, we, the council should go on record as being against this proposed strip and also that we assure the Chamber that we are in favor of an air strip properly located and which has been given proper study. The motion was seconded by Mr. Thayer and unanimously carried. A hearing was scheduled regarding permissive use on the SW~,~ of Model Land Company's Lot 12, Section 8-~6-$3 for proposed expansion of the Lutheran Church and School Program and after a statement by Mr. William T. Roy of 217 Kings Lynn, Chevy Chase S/D and Presenta- tion of a map of said S/D indicating those who are opposed and those who favor the proposed Lutheran Church and School, and comments both for and against permissive use being granted for this operation at the requested location by numerous individuals who reside or own property in this area, and representatives of the Lutheran Church, also discussion regarding set backs if permissive use was granted, the City Attorney suggested this matter be acted upon or tabled for further consideration. Mr. Campbell moved that the matter be tabled until next monday night and that the church group be asked to give the council as complete a tentative plan as possible showing what they would suggest in the way of hedges, etc., where they believe they will place their buildings and be prepared to answer the ques- tions that the opposition may ask as to their plans. These plans to be in writing and if permissive use is granted they will be a part of the record and will have to be lived up to. The motion was seconded by Mr. Harbison and upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor Sundy voting in favor and Mr. Warren being opposed. Mr. Worthing then submitted reports from the Planning Board as follows: 1. That the request of Mr. L. A. McQueen to rezone Lot l, Southways from R-1AAA to R-3 be denied. Mr. Thayer moved that the recommendation of the Planning Board be accepted. The motion was seconded by Mr. Warren and unanimously ap- proved. 2. That the request of Mr. Ansell E. Sweet to rezone Lot 23, Block D, Palm Beach Shore Acres from R-1AAA to R-3 be denied. Mr. Harbison moved that the Planning Board recommendation be upheld. The motion was seconded by Mr. Campbell and unani- mously approved. 3. That the request of Mrs. Gertrude Finley for rezoning of Lots 19 and 20, Block D, Palm Beach Shore Acres from R-1AAA to R-3 be denied. Mr. Harbison, in view of the Mayor's request to give this further consideration, moved that this be tabled for one week. The motion was seconded by Mr. Thayer and upon call of roll Mr. Harbison, Mr. Thayer,.Mr. Warren and Mayor Sundy voted in favor and Mr. Campbell being opposed. MARCH 7th, 1960. Mr. Adgate Lipscomb, from the audience, requested that action be taken on this matter in the manner of a denial of the request and that all rezoning in that area be stopped and after further discussion was informed by the Mayor that it would be acted upon at the next council meeting. That the deviation request of Mr. Matt Gracey in behalf of Mr. J. H. Shellenberger for a side set back of 17~ feet on lots 22 and 23, Block 4, Lake View Heights be granted. Mr. Harbison made reference to the Zoning Ordinance regarding set backs on corner lots and asked that this particular mat- ter be referred to the City Attorney as to whether the coun- cil has the right to grant that deviation as such, tonight, and would like to propose that the ordinance be studied to change that part in order to get rid of the discrepancy re- garding set backs on corner lots, and being informed by the City Attorney that in his opinion there should be further study before the deviation request is granted in view of the way the ordinance is set up, moved that this be tabled until the City Attorney can make the study suggested . The motion was seconded by Mr. Warren. Following comments by Mr. Lee Archer, Mr. Louis Rauth, Mr. J. H. Shellenberger, Mr. Matt Gracey and the Council, the City Attorney stated that if this could be considered an undue hardship case, deviation could be granted on that basis. It was suggested that each member of the council go out to this location before the next meeting and study the situation. Upon call of roll the motion carried unanimously. Mr. Harbison also moved that this request be tabled until next meeting to clarify any question in any ones mind. The motion was seconded by Mr. Campbell and unanimously carried. 5. That the request of Mr. Roy L. Calamia for the rezoning of Sherwood Park from R-1AAA to R-1AA be approved. Mr. Warren moved that this request for zoning change be denied. The .~. .motion was seconded by Mr. Thayer and upon call of roll, Mr. Harbison~ Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor and Mr. Campbell abstained from voting. 6. That the Planning/ZoningBoardS/Dapproved the final plat plans for a portion of Bellehaven for tentative approval of the City Council of this portion of the final plat before the City Manager may accept bond. After discussion and being informed that this plat has met the approval of the Director of Public Works, Mr. Harbison moved that the same be approved if it met the ordinance requirements. The motion was second~ ed by Mr. Thayer and unanimously carried. A person in the audience inquired as to Council action regarding rezoning of part of Block 73 and for permissive use for a post office and parking lot, and was informed that Mr. George Simons, the Planning /Zcning consultant, would be in town this week and would be consulted by the Planning/Zoning Board concerning that matter after which they would make their recommendations and it will be brought before the council in two weeks. M~. Worthing informed the council that the members of the recent- ly appointed Board of Adjustment had expressed their willingness to accept the following terms of appointment: Chairman, C. J. Manson Three years. Ward M. Robinson Three years. H. Ben Adams Two years. Roy M. Simon Two years. J. Clinton Scott One year. Mr. Warren moved that the terms be accepted with thanks. The motion was seconded by Mr. Campbell with the addition that if Roy M. Simon was appointed architect for the Civic Center that he would resign from this position as well as from any others~ and unanimously approved. Regarding the policy providing for "Extension of Water Service Outside City Limits" Mr. Worthing informed the council that he would appreciate this item being deferred for one week, allowing further study and possible revision, same being moved by Mr. ~arren, seconded by Mr. Campbell and unanimously carried. MARCH 7th, 1960. Mr. Harbison proposed that the Council keep the public informed as well as they can as .to the plans on the Community Center and City Hall and moved that Dr. Farber be thanked for his presentation of the plans concerning the Community Center to the Kiwanis Club and that he be requested, if he will, to present the same information or similar information to the other organizations of the community. The motion was seconded by Mr. Campbell and unanimously carried. Mr. Thayer stated that on the question of the Community Center and in order to get going on that and the City Hall as soon as possi- ble and in as much as negotiations had been made with an architect for the City Hall, he moved that the architect to be appointed for the Community Center be Mr. Roy Simon, with the provision that he submit a written proposal of contract which is mutually agreeable to the City and to himself. The motion was seconded by Mr. camUbell and unani- mously carried. Mr. Worthing presented the request of Attorney J. W. Nowlin, on behalf of Mr. Milton Boone, for abandonment of S. W. 10th Court which runs thru the center of Plat No. 3 Southridge, which subdivision is owned by Mr. Boone, being so moved by Mr. Campbell and seconded by Mr. Harbison and upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor Sundy voted in favor, Mr. Warren voting no. Mr. Worthing presented a request from Mr. Thomas M. Corcoran for rezoning from R-2 to R-3 of Lots 50, ~l and N~ of Lot ~2, Hofman Addition. Mr. Campbell moved this request be referred to the Planning Board. The motion was seconded by M~. Thayer and unanimously carried. Mr. Worthing presented a request from Miss Annie Hofman for re- zoning from R-2 to R-3 of Lots 44 thru 49 incl., Lot 57 less the South l0 feet and Lots ~8 thru 67 incl., Hofman Addition. Mr. Campbell moved this request be referred to the Planning Board. The motion was seconded by Mr. Harbison and unanimously carried. A request from Mr. Forrest W. Weaver was also presented ~for the rezoning of Lots ~ and ~, Nichols First Addition from R-lA to R-2. Mr. Harbison moved this be referred to the Planning Board. The motion was seconded by Mr. Thayer and unanimously carried. Mr. Worthing presented the costs of abating nuisances on two parcels of land that had not been voluntarily cleared by property owners, the city having to solicit bids and have the work done and upon approval of the costs RESOLUTION NO. 1227 was read. RESOLUTION NO. 1227. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCE, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRA¥ BEACH, FLORIDA. (A copy of Resolution No. 1227 is attached to and r~ade a part of the official copy of these minutes.) (See Pages 66-A,~66-B & 66-C) The council~ on motion of Mr. Campbell and seconded by Mr. Harbison unanimously approved adoption of Resolution No. 1227. Mr. Worthing then read RESOLUTION NO. 1228. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THAT PART OF NORTH- EAST SEVENTH STREET LYING BETWEEN NORTHEAST FIFTH AND EIGHTH AVENUES. WHEREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public to open, grade and pave that part of Northeast Seventh Street lying between Northeast Fifth and E~ghth Avenues to a width of Twenty~ MARCH ?th, 1960. four (24) feet, the City of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands a- butting thereon; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the cost of such improvement to be made, and tb~t the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED By the City Council of the City of Delray Beach, Florida, on this the 7th day of March, A.D., 1960. Mayor The council, on motion of Mr. Harbison, seconded by Mr. Thayer, unanimously adopted Resolution No, 1228. Mr. Worthing then read RESOLUTION NO. 1229o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THAT PART OF NORTHEAST SEVENTH STREET LYING BETWEEN NORTHEAST FIFTH AND EIGHTH AVENUES, TO A WIDTH OF TWENTY-FOUR (24) FEET. (a copy of Resolution No. 1229 is attached to and made a part of the official copy of these minutes.) (See pages 66-D & 66-E) The Council, on motion of Mr. Campbell, seconded by Mr. Warren, unanimously adopted Resolution No. 1229. Mr. Worthing then read RESOLUTION NO. 1230. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTI~LATE OF COST TO GRADE AND PAVE THE EAST-WEST ALLEY THROUGH BLOCK 76 LYING BETWEEN NORTHEAST FIRST AND SECOND AVENUES. WHEREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public to grade and pave the East~West alley through Block 76 lying between Northeast First and Second Avenues to a width of Sixteen (16) feet, the City of I)el~ay Beach, Palm Beach County, Florida, to share in the cost of such improvement with the owners of lands abutting thereon: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, as follows: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the cost of such improvement to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida on this ?th day of March, A.D., 1960. .. I ,1 GLENN B. SUN.DY Mayor ..... The council, on motion of Mr. Harbison, seconded by Mr. War~,en, unanimously adopted Resolution No. 1230. Mr. Worthing then read RESOLUTION NO. 1231. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE GRADING AND PAVING OF THE EAST-WEST ALLEY THROUGH BLOCK '76" LYING 'BET~fEEN ~NORTH- ~' - EAST FIRST AND SECOND AVENUES, TO A WIDTH ~ OF SIXTEEN (16) FEET. MARCH ?th, 1960. 65 (a copy of Resolution No. 1231 is attached to and made a part of the official copy of these minutes.) (See pages 66-F & 66-G) Upon motion by Mr. Thayer, and seconded by Mr. Harbison, the Council unanimously adopted Resolution No. 1231. Mr. Worthing then read Ordinance No. G-353, in its entirety, which is: ORDINANCE NO. G-343. AN ORDINANCE OF THE CITY COUNCI$ OF THE CITY OF DELRAY BEACH, FLORIDA TO ESTABLISH AN ULTImaTE RIGHT-OF-WAY ON THAT PORTION OF N. E. FOURTH STREET LYING BETWEEN SWINTON AVENUE AND N. E. SIXTH AVENUE OTHERWISE KNOWN AS FEDERAL HIGHWAY. WHEREAS, the City of Delray Beach, Florida has made studies regarding the past and present uses of N. E. Fourth Street, lying between Swinton Avenue and N. E. Sixth Avenue otherwise known as Federal Highway, said studies indicating that said street may need to be widened in due time to accommodate the traffic thereon, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: There is established an eighty (80) foot ultimate right-of-way on N. E. Fourth Street, between Swinton. Avenue and N. E. Sixth Avenue otherwise known as Federal Highway, said right-of-way to be measured from the existing center line of N. E. Fourth Street, being the forty (40) feet North and~the forty (40) feet South from said center line. There shall be no building permits issued which would conflict with this ultimate right-of-way. _. /s/~. GLENN B., S~UNDY Mayor - There being no objections to Ordinance No. G,343, on motion by Mr. Warren and seconded by Mr. Campbell, to approve and adopt the ordinance on the second and final reading, carried unanimously. Mr. Worthing submitted a report that had been reqUested by the prior council concerning the future improvement of alleys adjacent to the proposed highway U.S. No. l, North and South. This report comprises about 21,680 feet with a total estimated cost of approxi- mately $63,000.00. Mr. Campbell moved this report be. accepted and made part of a permanent record and that the work that had been put into this report be recognized'. The motion was seconded by Mr. Thayer and unanimously approved. Mr. Worthing stated that the starting time of the street sweeper had been set up to about two o,clock A.M. at the request of the council Mr. Worthing presented Bills for Approval in the amounts of: General Fund $37,614,40 Water Fund - Operating Fd. 1,964.88 Mr. Campbell moved that the bills as submitted be approved, seconded by Mr. Warren and unanimously approved. Mr. Worthing recommended that the purchase of a recording transcriber Dictaphone instrument ~o be used for~recording council minutes and otherwise when needed, and requested an appropriation of ~!475.00 from the contingency fund for such purchase. Mr. Harbison stated that he had been in favor of a recording system for the council minutes, and moved that this appropriation be granted. The motion was seconded by Mr. Thayer and unanimously approved. Mr. Campbell stated that a report had been asked for from the Fire Department and the City Clerk regarding out of town fire service and Mr. Worthing informed him that it would be submitted at the next regular council meeting. -5- MARCH ?th, 1960. Mr. Campbell also asked about the combined garbage and water billing and was informed that it is being worked on but will take more time before a report is submitted. Mr. Campbell moved that the City Attorney be asked to study the Ordinance and Charter to determine if it is possible to bring about lot clearing on the basis of health and with the thought that it will expedite the clearing. The motion was seconded by Mr. Thayer and unanimously approved. The meeting was adjourned by motion of Mr. Warren, seconded by M~. Harbison, and unanimously passed at 10:30 P.M. R. D. WORTHI~N,G, [ City Clerk APPROVED: .... MAYOR · 66-A L [ the ~T~','::..'I.~-~ ..~ .~r,' -' / oI ';~r.s~s therein ~e~ :]-.~bed ae ~ore~id, and further scrl~d ~Jn .aid resol'u~ion ~ r:otf~ied Fha[ the eib, :f :)ei~ , sai,d}la, nc~ apd a~tte -, .9 ,,~l:sa :,., re~ut:io~t ~ncl WC~ald ]L~',y the of ty'diJ f'u.rr,~,h ee, kh ~ Resolution 1.208 ~nd ~leet to aba're the t wit~ln the ~tme prea :: r: ha: 7, ~nd the '?i:~' of D..i to entez u~n the f,:llo,~ to the Ci'ty C~;,unc. , the nuisance ets a,for,,~ arcel o~ 'land 'r~el