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04-18-60 APRIL 18th, 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 Attorney Richard F. Zimmerman and Councilmen C¢l. Dugal G. Campbell, Charles H. Harbison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by Mr. Ben Hammett. On motion by Mr. Warren, seconded by Mr. Ha~bison and unanimously carried, the minutes of April llth, 1960 meeting were approved. Mr. Thayer moved to accept the recorm~endation of the Recreational Advisory Board and appoint Mr. Paul Speicher as a member of that Board to fill the vacancy caused by ~the resignation of Mr. Roy M. Simon. The motion was seconded by Mr. Campbell and carried unanimously. Mr. Worthing read the following lett'er from.~heBeach~omani~i, of April 14th, 1960' "We respectfully request the City Commission to apply for building permit from the Palm Beach County Zoning Commission, for the bath- house building to be erected on the 100' beach located near Briny Breezes, and owned by the City of Delray Beach. "Some years ago money was appropriated for this purpose and plans were drawn. Said plans and specifications we believe are on file at the City Hall. "We will appreciate your giving this request your careful consideration~ Mr. Worthing suggested the_]~uILldl~g Lus~eo~ox-'determine an esti-. mated cost for-such building as was plied at that'time as a basis for ~equesting pe~t for that construction. ~. C~bell moved to accept the reco~endation of the City M~ager, motion being seconded by ~. Thayer ~d un~ous~ c~ried. ~e tentative final.plat of th?~~, of Bellehaven S/Dhaving been approved by ~e Co~cil on~il_~_~d a Surety Bond in com= pli~ce with Section 5 of 0rdin~~'G~--'~-285, having been received. from the developer of said subdivision, ~d no ch~ges having been ~de in the tentative final plat, ~. H~bison moved fop the approval of said final Plat of Bellehaven S/D. ~e motion was Seconded by ~. C~bell ~d ~imously c~ried. Municipal Judge Arthur Holloway requested that a Special JUdge be appointed to hear a case in Municipal Court on Wednesday, namely the City of Delray Beach vs. D. T. Van den Bosch, and recommended that James Nowlin, Jr., be appointed. Mr. Campbell moved that Attorney James Nowlin, Jr., be appointed to hear said case, the motion being seconded by Mr. Harbison and unanimously ca~ried. Mr. Worthing presented a request from property owners that S. W. 1st Street be opened, graded and paved between B. W. 3rd and 4th Avenues and expressing their willingness to share in the cost of said paving. Mr. Harbison'~moved that the portion of S. W. ].st Street lying between S. W. 3rd and 4th Avenues be paved on the basis of the City pay. ing 20% of the cost and the property owners abutting thereonpaying 80% of the cost. The motion was seconded by Mr. Thayer and unani- mously carried. Mr. Worthing stated that on April llth the Council had approved the tentative policy submitted regarding the extension of water service outside the city limits, therefore Resolution No. 1240 was provided for adoption of said policy. RESOLUTION NO. A PJESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR EXTENSION OF WATER SERVICE OUTSIDE CITY LIMITS, APRIL 18th, 1960. WHEREAS, The City of Delray Beach has received applications for extension of its water service to properties and persons located outside the corporate limits of said City; and WHEREAS, the City is authorized to sell and dispose of water to such persons and properties only from its surplus supplies as the same may be available from time to time; NOW, THEREFORE, BE IT RESOL~ BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. No extension shall be authorized unless a-surplus of water exists at the location for which the application is made, and unless such surplus may reasonably be expected to continue to exist after the proposed new service may be established. No application will be considered for an extension that would exceed 200 feet from a present main distribution line. Section 2. Prior to extension of any water service, an applicant shall be required to execute an agreement providing for termination of such service, by the City of Delray Beach, upon ninety (90) days notice, in the event the surplus of water ceases to exist at the location in question. Section 3. Service connection cha~ges and water rates shall be 25% greater than corresponding charges within the city as now pro- vided by ordinance or other regulations now applicable or as may be changed from time to time. Section 4. There will be the following Classes of Service: No. 1. SINGLE PRIVATE RESIDENCES. (a) Where no main extension is required - Applications for water service in this class shall automatically be granted upon certifi~ cation by the Director of Public Works that the general provisions contained hereinabove have been met. (b) Applications where main extension up to fifty (50) feet is required - Such applications shall be automatically granted upon certification that the applicant has met with the general provisions outlined hereinabove and it being understood that such extension, if made, shall be installed at no cost to the city. (c) Services requiring more than 50 feet of main extension - Upon certification by the Director of Public Works that the general pro- visions outlined herein have been met, that the applicant agrees to pay all costs in connection with such extension installation, and that the main extension would not be used at a later date in support or requests for additional services branching off from it, the City Manager shall authorize such water service extension. No. 2. MAIN EXTENSION TO SERVE TWO OR1 MORE PRIVATE RESIDENCES. The City Manager shall present a full and comprehensive report concerning any such application, together with his recommendation, to the City Council for decision. No. 3. INDUSTRIAL USES, PRIVATE AND PUBLIC ORGANIZATIONS, ETC. Whether or not a main extension is required, the City Manager shall present a full report concerning any such application, together with his recommendation, to the City Council for decision. PASSED AND ADOPTED in Regular Session this the 18th day of April, A.D. 1960. /sZ B. MAYOR Mr. Campbell moved that Resolution No. 1240 be passed and adopted, motion being seconded by ~i~. Harbison and unanimously carried. 2 APRIL 18th, 1960. Mr. Worthing then read Ordinance No. G-349. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, T.w~ING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, FOR GRADING AND PAVING OF THAT PART OF SOUTHWEST TENTH AVENUE LYING BETWEEN ATLANTIC AVENUE AND SOUTHWEST SECOND STREET TO A WIDTH OF TWENTY FOUR (2~) FEET. WEE~, the City Manager of the City of Delray Beach, Florida, has, in pursuance to the Cha~ter of said City, submitted to the Council for approval, a report of the cost, and the assessment roll for the grading and paving of that part of Southwest Tenth Avenue lying between Atlantic Avenue and Southwest Second Street to a width of twenty-four (24) feet, and WHEREAS, said report and assessment roll were approved by the City Council in regular session on the 21st day of March, A~.D., 1960, and WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter' of said City, for the purpose of hearing objections to said assessment roll, and WHEREAS, no sufficient objections were received to the confirma- tion of the assessment roll, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows:- SECTION 1. The asSesSments, as sh0wn by said assessment roll, which is annexed hereto and made a part hereof, are hereby levied against the property shown and in amounts shown on said assessment roll, said assessments to be paid in three (3) equal annual install~ ments, together with interest at the rate of eight (8) per cent per annum, the first installment becoming due and payable on May 18, 1960~ and on May 18, for the next ensuing two (2) years; and said special assessment, so levied shall be a lien from the d~te the assessment becomes effective, upon the respective lots and parcels of 'land de- scribed in Said assessment roll, of the same nature and to the ssm~e extent as the lien for general taxes, and shall be collectibX'~ in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Regular Session on second and final reading on this the 18th day of April, 1960. NAYOR. ASSESSMENT ROLL For Grading and Paving of that part of Southwest Tenth Avenue lying between Atlantic Avenue and Southwest Second Street to a width of Twenty-four (2~I) feet. DESCRIPTION FRONT FRONT FT. TOTAL QF ,P,R,0,,P~E, RTY OWNER .. FOOTAGE AS~E,SS.IEI'I' ASSESSME. N~T Atlantic Gardens Harry Hagwood 140~. $2.4451 $ 342.31 Block 8, Lot ll. Atlantic Gardens Alfred Lee 49.93'" 122.08 Block 8, Lot 21 Atlantic Gardens Ernest & 150' " 3~66.76 ~ Block 8, Lqts 22, Helen Tynes 23 & 24. Atlantic Gardens Robert Quince 100' " ~;!;.~.51 Block 8,~ Lots 25 & 26 3 APRIL l~th~ Atlantic Gardens Tommie James 50' " 122.26 Block 8, Lot 27 Goddard Atlantic Gardens Trustees of St. 99~91' " 2~!;!.28 Block 8, Lots Paul's Baptist 28 & 29. Church. Atlantic Gardens Homer & Maggie 106.92' " 261.43 Block 9, Lee Hollis Lots 13 & 14. Atlantic Gardens Maxwell Pender 50' " 122.26 Block 9, Lot 15. Atlantic Gardens Lucile Watts 50' " 122.26 Block 9, Lot 16. Atlantic Gardens Willie Lee & 50' " 122.26 Block 9, Lot l?. Girdle Lee Mathies Atlantic Gardens O.D. Priest, Sr.50' " 122.26 Block 9, Lot 18. Atlantic Gardens Joe &"LAnnie Bell 100' " ~1!1!.51 Block 9, Dawkins Lots 19 & 20. Atlantic Gardens Claudia Bart 50' " 122.26 Block 9, Lot 21. Atlantic Gardens Henry Williams 50' " 122.26 Block 9, Lot 22. Atlantic Gardens Max & Sarah 50' " 122.26 Block 9, Lot 23. Kanner Atlantic Gardens Charles D. & 56.91' ~'' ~ 139.15 Block 9, Lot 24. Retha V. Lelly Belair Heights J.C. & Hildreth ll2' " 273.85 Block l, Lot 1. J. Williamson Belair Heights Beatrice & Frank 63.40' ~' 155.01 Block l, Lot 7. Belair Heights Spurgeon & Emma 50' " 122.26 Block l, Lot 8. H. Herring Belair Heights Ernest C. Tynes 100' " ~1~;~.51 Block l, Lots 9 & 10. Belair Heights Viola & Amos· 50' " 122.26 Block 1, Lot 11. ~ · Belair Heights Alonzo & Roxie 50' " 122.26 Block l, Lot 12 Bell Livingston Belair Heights Homer & Annie ~50' " 122.26 Block l, Lot 13. Doris Bean Belair Heights Bonnie & 124' " 2?8.73 Block l, Frankie Adams Lots 14 & 15. Lincoln P~rk Curtis H. Dodson 106.90' " 261.38 West half of Lots I & 2 Lincoln Park Sylvanus C. & 100' " 244.51 Lots 3 & 4 Lillian O. Rolle Lincoln Park Virgil Stubbs 50' " 122.26 Lot ~ 2. 4 APRIL 18th, 1960. Lincoln Park Isaac Williams 50' " 122.26 Lot 6. Linc oln Park Edwin Johnson 50' ~ 122.26 Lot 7. Lincoln Park James L. & Annie 50' " 122.26 Lot 8. L. Bassa Lincoln Park G.J. & Flora C. 50' " 122.26 Lot 9. Sherman Lincoln Park W.S.. Jr., & 50' " 122.26 Lot 10. Ellen D. Wightman Lincoln Park Louise D. Dodson 50t " 122.26 Lot ll. Lincoln Park Moses L. & 56.90' " 139.12 Lot 12. Equilla Jenkins 2,406.87 $5,885.08 Resolution No. 1195 $ 36.30 Ass'm. Roll (Est) 59.40 Ord. Caption (Est) 4.95 Engineering (Elliott Gross) l~h~ 70 Contract (Hardrives, Inc.) .. 6.v~i00 ~?, 356,35 Less 20% _ 1,~7!.27 City's share of expense ~ 80% TO BE ASSESSED $5,~5.0~ per Res. 1195. There being no objections to the assessments as levied by Ordinance No. G-349, the motion to adopt said Ordinance on second and final reading was made by Mr. Harbison, seconded by Mr. Warren and unani~ incus ly carried. Mr. Worthlng then read ORDINANCE NO. G-350. AN ORDINANCE A~NDING CHAPTER 13 OF THE CODE OF. ORDINANCES OF DELRAY BEACH, FLORIDA, BY ADDING PROVISIONS TO EFFECT COMPLIANCE WITH THE NATIONAL ELECTRICAL CODE, iN ACCORD- ANCE WITH LOCAL CONDITIONS AND A~NDING FEE SCHEDULE. There being no objections to Ordinance No. G-350 it was moved by Mr. Campbell to adopt said Ordinance on second and final reading, motion being seconded by Mr. Thayer and unanimously carried. (Copy of Ordinance No. G-3%0 is attached to and made a part of the official minutes of this meeting). (See Pages ll4-A thru ll4-H) Mr. Worthing then read ORDINANCE No. G-352. AN ORDINANCE OF THE CITY COUNCIL 0F'THE· CITY OF DELRAY BEACH, FLORIDA, REZONING~ AND PLACING LOT 5~ PLAT OF ANDERSON BLOCK, DELRAY BEACH, IN 'C-2 GENERAL COMMERCIAL '~ DISTRICT" AND AMENDING "ZONING MAP .0F DELRA~~ BEACH, FLORIDA, 1956." The motion by Mr. Thayer to place Ordinance No. G-352 on first reading was seconded by Mr. Campbell. Upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor ~undy voted in favor of the motion, Mr. Warren being opposed° Mr. WOrthing then read ORDINANCE NO. G-353. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEI~AY BEACH, FLORIDA, REZONING AND PLACING LOTS 5 & 6, BLOCK l, OF OSCEOLA PARK, A SUB-DIVISION OF DELRAY BEACH, IN "C-2 GENERAL COMmeRCIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." APRIL 18th, 1960. The motion, to place Ordinance No. G-353 on first reading, by Mr. Campbell and seconded by Mr. Thayer, carried unanimously. Mr. Worthing then read ORDINANCE NO. G-354. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 7 & 8, BLOCK 78, OF DELRAY BEACH, IN "0-2 GENERAL COMMERCIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." The motion by Mr. Harbison to place Ordinance No. G-354 on first reading was seconded by Mr. Thayer. Upon call of roll, Mr. Campbell, Mr. Harbison, Mr. Thayer and Mayor Sundy voted in favor of the motion% Mr. Warren being opposed. Mr. Worthing then read ORDINANCE NO. G-355. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THAT 0RTZ0N OF - ALL PART OF THE.E~ OF THE N 330 FEET OF THE S ~95 FEET OF LOT 9, BLOCK 1, LYING EAST OF S. E. 5TH AVENUE AND SOUTH OF THE ALLEY LYING SOUTH OF LOTS 10 TO 15 INCLUSIVE OF BLOCK 13, OSCEOLA PARK, AND ALL THAT PART OF LOT '21, BLOCK 2 LYING WEST OF U. S. HIGHWAY NO. 1, ALL OF SAID LAND BEING IN MODEL LAND COMPANY.S SUBDIVIS. ION OF SECTION 21-~6-~3, DELRAY BEACH, IN "C-2 GENERAL COMMERCIAL DISTRICT" ~AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." The motion by Mr. Thayer to place Ordinance No. G-355 on first reading was seconded by Mr. Harbison and carried unanimously. Mr. Worthing then read ORDINANCE NO. G-356. AN ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PARAGRAPH (C) OF SECTION 29-~8.2 OF THE CODE .OF ORDINANCES OP~ THE CITY 0F DELRAY BEACH BY PERMITTING SHRUBBERY, CANOPIES AND MARQUEES ALONG EAST FIFTH AND EAST SIXTH AVENUES. The motion by Mr. Warren to place Ordinance No. G-356 on first read- ing was seconded by Mr. Thayer and unanimously carried. Mr. Worthing presented the following Planning Board Report dated April llth, 1960. "With reference to the request of Attorney Neil E. MacMillan, dated December 22, 1959, for re-zoning of Lot 12 and the South 49.4 feet of Lot ll, Block 28, from R-2 to R-3, the zoning commission unani- mously approved denial of the request on the basis that such a change would be spot zoning." Mr. Campbell moved to accept the Planning Board report in denial of the request for rezoning of part of Block 28, the motion being second- ed by Mr. Thayer and carried unanimously. Mr. Worthing presented Bills for Approval in the amounts of: General Fund $ 78,!63.72 Water Fund - Operating Fund 7,506.33 Special Assessment Fund . 741 93 Refundable Deposits Fund 6,543 ~ 72 Mr. Harbison moved that the bills as submitted be approved, motion being seconded by Mr. Warren and unanimously carried. 6 ! APRIL 18th, 1960. Mr. W. C. Sampson of 716 S. E. 8th Street referred to previous communication to the City Manager requesti~ng street name sign and street light at the intersection of S. E. ~th Street and 6th Avenue, and "dead end" sign at the intersection of S. E. 8th Street and 7th Avenue. Hr. Worthing informed him that orders had been placed for the installation of the signs as soon as the signs that have been ordered are supplied, and that the Florida Power & Light Company will install the street l~ght as soon as their work permits. Mrs. Miriam Cohen inquired concerning possible time when the previously proposed sidewalk on N. E. 8th Street might be provided and was advised.by the City Manager that this being a County R/W the City is unable to proceed in the usual manner but has, in regular session, requested that a sidewalk be provided on the South side of N. E. 8th Street, from 7th Avenue to Palm'Trail as soon as possible. However, the County has informed the City of De]may Beach that an additional 7 ft. of right-of-way is desired on both the south and north sides of N. E. 8th Street, and construction of this needed sidewalk is being delayed while acquisition of additional right-of- way, necessax~y to be obtained prior .to such construction, is' provided. Concerning the proposed West Atlantic Avenue R/W, Mr. Warren presented a letter from the Chairman of the Planning Board, dated April 13th, as follows: "I am happy to submit to you a detailed analysis of properties North and South of Atlantic Avenue between N. W. 8th and N. W. 10th Avenue, s. "It is in this ~stretch that the R/W is only 30 feet which is one of the greatest problems in connection with the ultimate improvement of Atlantic Avenue. "The original platting of this area also presents many ~roblems since the lots facing Atlantic'Avenue are shallow in depth and the area is broken up which in the event of ultimate widening of Atlan~±o Avenue will present many problems. '"Furthermore there are no dedicated alleys in this area. "The alleys are shown in green on the attached survey~ Itis obvious that if all of the property between Atlantic Avenue R/W and the green line of the alley were available, the depth of all the lots fronting on Atlantic Avenue could be the same as those to the East and West of this area, namely 120 feet. The problem is how can this be ac- complished? "By purchase and negotiation the'city could obtain either on the open market or thru condemnation the properties necessary to create the necessary alleys a~ a first step in clearing up the situation in this area. Subsequent negotiation by the city and property owners could in all probability go a long way toward consolidating these properties and making it more possible to obtain the necessary R/W for Atlantic Avenue either thru donation or at a lower coat. "I suggest that the city council appoint a committee to make all the necessary contacts to determine as accurately as possible what it would co~t to acquire the properties necessary to create these alleys as shown. Upon completion of this the council could decide whetY~er such a program would be feasible. If so they could proceed to make the necessary purchases. "This is all quite technical, however the city attorney and a realtor and others you may desire on such committee could go far to obtain the desired results. "The highways committee of the Chamber of Commerce is prepared to approach the p~opertY owners all along Atlantic Avenue to attempt to obtain free R/W to attempt to hasten the improvement of Atlantic Ave. "Any approach by the Chamber to the ~roperties here analyzed will be held in abeyance until your committee completes its work. APRIL 18th, 1960. "In the meantime I see no reason Why the highways committee can't proceed on the rest of West Atlantic Avenue. "I shall be happy to assist you further on this matter in any way which you .may require." Mayor Sundy appointed the following committee, requested by Mr. Enowles: Charles Hambison, George Warren, Curtis Dodson and Richard Hanna, these four to select another member to act as chairman. Mr. Warren presented a request from the Buena Vista Development Corporation to Hr. Henry J. Mellon, dated March 30th for water serv- ice from Tropic Palms to the north portion of Hidden Valley. After discussion the request was not granted. There was general discussion regarding amending the Zoning Ordinance to permit zoning changes on a' "year round basis of property lying west of the Intracoastal Waterway, but it was the opinion of the City Attorney that whatever ordinance existed would have to apply to the City as a whole as a general law and not to Just a portion of the City. If made applicable to a portion of the city only, the City Attorney gave his opinion that it might not be upheld if tried in court. It was also suggested that the time of zoning changes be placed on Referendum. The City Manager asked for some action on the request.frem,.the Chamber of Commerce regarding the alley immediatel~north~ Atlan~t~i¢ . Avenue between N. E. 3rd & 4th Avenues as we~t~ as..the alley~ running northward to the parking lot. Mr. Warre~.. mowed thst~ th~ alley men~.. ~.. tioned be paved, and the alley extending to the Pamkf~g;: 1Q.~. which ia in the rear of the Arcade Electric Building also be paved. The motion was seconded by Mr. Thayer and upon call of roll, Mr. Harbison, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Campbell being opposed. Regarding the sidewalk to connect this parking lot with Atlantic Avenue along N. E.. 3rd Avenue, M~. Womthing informed the Council there was a 25' R/W on the east side of the F. E. C. Railroad tracks and Nm. Ellingsworth of the Chamber of Commerce requests that a three foot sidewalk be placed on the east three feet of said 25' R/W run- nine southward from the parking lot to Atlantic Avenue, Upon 'being 'questioned, the City Manager stated that he did not see the need for the sidewalk as N. E. 3rd Avenue provides very good. walking facili- ties. Mr. Campbell asked if it would be possible to get an idea of the numbe~ of cars and trucks that use that particular street in any givez~ hour or any given day and was advised that the count could be provided. Fro, Harbison, on the strength of Mr. Worthing's recomme, h- alations, moved that this be tabled for study. The motion was seconded by Mr. Thayer and unanimously carried. Mr. Worthing read a letter from the Murphy Construction Company dated April 13th that had been referred to the Council by Mr. Ralph A. Hughson the City Building Inspector. "We request a building permit for the construction of a steel sheet -' pile and concrete seawall with 25 ft. returns on the north and south property lines for Mr. Harold J. Roig at his property on N. Ocean Boulevard, Delray Beach, in accordance with plans and specifications attached, prepared by Ritchie and Crocker, Engineers. "The approximate cost of this improvement will be $25,000.00. eThe location of the seawall to be built lies west of the proposed bulkhead line north .of the City limits prepamed by E. Elliott Gross and Associates for the City of De]ray Beach, August 1~, 1957." The Council, on April [~th had requested that the Building Inspector bring any such requests to them before issuing a permit. Mr. Campbell moved that this matter be tabled for one week and that our City Engi- neer be requested to study the effects of the installation at Lake Worth of their pier, also that he confer with the County Engineer and Corps of Engineers. The motion was seconded by Mr. Thayer and unani- mously carried. The meeting was adjourned at 9:25 P.M. on motion by Mr. Thayer and seconded by Mr. Campbell. APPROVED: ,,~ ~ .... ~. '" ~ oity Clerk ~ ~ I.~ the , ..:'.: unl i:~" Spa Uti ~ ..' ' the i (: Or :, ]. a~i