04-25-60 ii5
APRIL 25th, 1960.
A regula~ meeting of the City Council was held in the Council
Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair,
Aating City Manager R. D. Worthing, City Attorney Richard F.
Zimmerman and Councilmen Col. Dugal G. Campbell, Charles Harbison,
John A. Thayer and George V. Warren being present.
An opening paryer was delivered by the Rev. Stewart H. Austin.
On motion by M~. Campbell, seconded by M~. Thayer and unani-
mously carried, the minutes of April 18th, 19&~ meeting were approved.
Mr. Ha~bison moved to grant the request of Mr. Ward Willi~mson
to move his business "Hi-Neighbor Inn" from its present location at
210 N. E; Third Avenue to 301 N. E. Third Avenue, the motion being
seconded by Mr. Warren and unanimously ca,tied.
Upon being informed that Mr. J.~ C. Keen,S term of appointment
on the Civil ~ervice Board had expired, Mr.. Thayer moved to appoint
Mr. Har~y F~iberg to fill the vacancy. The motion was seconded by
Mr. Campbell and carried unanimously.~ Mr. Caw~bell moved that a
letter of appreciation be forwarded, over the signature of the mayor,
to Mr. J. C. Keen for his l~ng period of service to the City, motion
being seconded by Mr. Ha~bison and unanimously ea~ried.
Mr. Worthing read a letter from Mr. Thayer resigning from
membership on the Recreational Advisory Board, since he is now a
member of the Council. Mr. Campbell moved to accept Mr. Thayer's
~esignation and recommended 'that the Mayor appoint Mr. Thayer as a
liaison member of said board. The motion was seconded by Mr. Warren
and unanimously carried. M~yor Sundy then appointed Mr. Thayer as ~
liaison member of the Recreational Advisory Board. Mr. Campbell
moved that James I. Slate be appointed as a member of the Recreational
Advisory Board, motion being seconded by Mr. Thayer and unanimousiy
carried.
Mr. Worthing read the following letter from the Florida Inland
Navigation District which is in answer to a request made by the Coun-
cil for a dedication of a portion of the yacht basin north of Basin
Drive:
"April 1960
"Your letter of April 13th requests that the Navigation District
dedicate all of its property designated as S-6~7 to the City of
Delray Beach for use as a yacht basin. The Navigation District is
required by law to dispose of its property for fair value when not
required for the improvement and maintenance of the Intracoastal
Waterway. This property has been appraised at $12,000 and the
.Commission has approved its sale to the adjoining property owners.
It is understood that the property owners desire to continue the
present use of this as a yacht basin.
"It is regretted that the District is unable by law to dedicate its
property for public use as proposed in your letter.
/s/ Herman W. Schull, Jr., General Mgr."
Mr. Worthing informed the Council that he had contacted some of the
property owners referred to who had been offered this property by
the Florida Inland Navigation District and that they are not desirous
of executing an agreement which forever would maintain this identi-
fied S-647 as'~a yacht basin. Mr. Campbell moved that the City pur-
chase this yacht basin, for the sum of $12,000~ if it is available,
and to maintain it for public use against the day when it should
have great value to the City since the City has adjoining on the
north a sizeable piece of basin which had been given to them for
public use, and if S-6~7 was filled at any time by the purchasers,
the City yacht basin to the north would have very little value.
The motion was Seconded by Mr. Thayer and carried unanimously.
116
APRZL 2~th, 1950,
Mr. Worthing informed the Council of the need of pamphlets
incgrporating the amended electrical code and an "~appropriation
of $125.00 from the Contingency Fund to cover payment of same,
authorization for which was moved by Mr. Warren, seconded by Mr°
Harbison and unanimously carried.
Regarding Mr. Roig's request for construction of a Sea-wall to
be built within ten feet of the Bulkhead Line on his property on
North Ocean Blvd., which was tabled on April 18th for study, Mr..
Harbison moved that the permit be g~anted, motion being seconded by
Mr. Campbell and unanimously carried.
Mr. J. L. Patterson presented a petition reflecting 236 signa-
tures requesting that the moratorium on rezonlng of lands within the
City be discontinued immediately. No action was taken on this pe-
tition which was withdrawn and returned to Mr. Patterson.
Mr. W. C. Sampson of 716 S. E. Eighth Street, speaking for a
group of property owners in Rio Del Rey Shores who had re, quested the
installation of street signs and street lights in said S/D, reported
that some street signs had been placed but that no street lights had
been installed. Mr. Worthing stated that some temporary street signs
had been placed and that permanent street signs would be placed at
every intersection in Rio Del Roy Shores as soon as same are received;
also, that he had a promise from the Florida Power & Light Company
that two street lights would be installed in the very near future,
one at S. E. Seventh Avenue & Eighth Street and one at S. E. Seventh
Avenue and Ninth Court, and asked Mr. Sampson to study the suggested
locations of six additional lights and if these suggested locations
meet with his approval, authorization would be requested from the
City Council to order the placement of same. After study by the
~roup of property owners they approved four of the suggested location~
but could see no need for the other two lights. Mr. Harbison then
moved to authorize the installation of fo.u~ additional street li~.~ts
in Rio'D~I Roy Shores and .that~the City-ManageP also~invest.igate the
placement of a street"sign at S. E. '6th Avenue and .Sth Street. The i
motion Was seconded by 'Mm,. Wa~.ren and unanimously carried .....
Regarding the zoning moratorium, Mr. Harbison asked to have
someone check to see how the implication was made that the moratorium
would continue. In public discussion prior to consideration of
Ordinance G-337, the preceding Council advised the Press and Public
that repeal of Ordinance No. 365 was not being sought to eliminate
the moratorium on re-classification of lands but rather to provide
the Council with power to effect appointment of a Board of Adjustment.
Mayor Sundy asked for some concrete information about this by next
Monday night and Mr. Worthing said. he would see what could be obtained
from the newspaper clippings as that would be the only source.
There being no objections to Resolution No. 1239, passed on April
llth, 1960, and setting this date to hear objections, if any, t'o said
proposed improvement on a part of S. W. Tenth Street, Mr. Worthing
read RESOLUTION NO. 12;~1 in full.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCEED WITH THE 'GRADING
AND PAVING OF THAT PART OF SOUTHWEST 10th
STREET COMMENCING AT A POINT 500 FEET WESTERLY
FROM THE SOUTHEAST CORNER OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 20, TOWNSHIP ~6 SOUTH, RANGE 43 EAST,
AND CONTINUING WESTERLY FOR A DISTANCE OF 2~.~0
PEET, TO A WIDTH OF TWENTY-FOUR (24) FEET.
WHEREAS, the City Council of the .City of Delray Beach, Florida,
did on the llth day of April, 1960, by Resolution No. 1239, determine
to proceed with the grading ~ paving of that part of Southwest 10th
Street commencing at a point ~00' feet westerly from the southeast
corner of the West half of the Southeast quarter of the Northwest
quarter of Section 20, Township 46 South, Range 43 East, and con-
tinuing Westerly for a distance of 250 feet, to a width of twenty-
four (24) feet,
117
APRIL 25th, 1960.
WHEREAS, the Resolution providing therefor has been duly publish-
ed as required by the City Charter, together with a notice that ob-
jections to said imDrovement would be heard, and
WHEREAS, no sufficient objections have been made to such pro-
posed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that the City Manager be and he is hereby
instructed to proceed with the grading and paving of that part of
Southwest 10th Street commencing at a point 500 feet westerly from
the southeast corner of the West half of the Southeast quarter of the
Northwest quarter of Section 20, Township 46 South,~ Range 43 East,
and continuing Westerly for a distance of 250 feet, to a width of
twenty-four (24) feet according to the plans and specifications
heretofore filed with the City Clerk, and a copy thereof filed in
the office of the City Manager and kept open for the inspection of
the public.
PASSED IN REGULAR SESSION on this the 25th day of April, 1960.
Mr. Campbell moved for adoption of Resolution No. 1241, motion being
seconded by Mr. Harbison and unanimously carried.
Mr. Worthing then read RESOLUTION NO. 1242 which provides for
legal abandonment of S. W. 10th Court, which vacating was approved
by the Council on March 7th, 1960.
A RESOLUTION OF THE CiTY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING S. W. 10TH COURT WHICH
RUNS THROUGH THE CENTER OF PLAT NO. 3
SOUTHRIDGE, IN DELRAY BEACH, FLORIDA.
WHEREAS, the street in the aforesaid plat has not been opened
or developed, and
WHEREAS, MR. MILTON BOONE, the owner of the property abutting
S. W. 10th Court has requested the vaCation and abandonment thereof
so that he will be able to develop a nursery on his' property,
NOW, THEREFORE, BE IT RESOLVED BY TBE CITY COUNCIL OF T~E CITY
OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Paragraph three (3) of the
Charter of the City of Delray Beach, Florida, we hereby declare the
following street in the City of Delray Beach, Florida, to be vacated
and abandoned:
S. W. 10th Court, which runs through
the center of Plat No. 3 South~idge
of the City of Delray Beach, Florida,
Plat Book 24, Page 24.
PASSED AND ADOPTED in Regular session this the 25th day of
April, A.D., 1960.
Mr. Harbison moved for adoption of~ Resolution No. 1242, motion being
seconded by Mr. Thayer and unanimously carried.
Mr. Worthing then read RESOLUTION NO. 1243.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REQ'GIRING
PLANS, SPEC IFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND PAVE THAT PART
OF SOUTHWEST FIRST STREET LYING BETWEEN
SOUTHWEST THIRD AND FOURTH 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 Southwest First Street
APRIL 25ih, 1960.
lying between Southwest Third and Fourth Avenues to a width of
Twenty-four (24) feet, the City of Del~ay Beach, Palm Beach County,
Florida, to shame 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 the 25th day of April, A.D., 1960.
Mr. Harbison moved for adoption of Resolution No. 1243, motion being
seconded by Mr. Thayer and unanimously carried.
Mr. Worthing read RESOLUTION NO. 12~.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ORDERING
THE OPENING, GRADING AND PAVING OF THAT
PART OF SOUTHWEST FIRST STREET LYING BE-
TWEEN SO--ST THIRD AND FOURTH AVENUES,
TO A WIDTH OF TWENTY-FOUR (24) FEET.
WHEREAS, the City Council of the City of Del~ay Beach, Florida,
did, on the 2~th day of April, 1960, adopt Resolution No. 1243
lng the City Manager to prepare plans and specifications, together
with estimate of cost of opening, grading and paving of that part of
Southwest First Street lying between Southwest Third and Fourth
Avenues, to a width of twenty-fou~ (24) feet, and requiring said
plans, specifications and estimate of cost of such improvement to b~
placed on file in the office of the City Manager, and
WHEREAS, the City Council deems it to be necessary for the
safety and convenience of the public to open, grade and pave said
street,
NOW,~ THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the.following
described improvement, to-wit;
To Open, Grade and Pave that part of
Southwest First Street lying between
Southwest Third and Fourth Avenues
to a width of twenty-four (24) feet,
the total cost, as estimated, for
such improvement being $2,800.00.
BE IT FURTHER ~MMOLVED that the entire cost of such improvement
shall be shared by the City of Delray Beach, Florida, and the follow-
ing described properties in Del~ay Beach, Palm Beach County, Florida,
on a basis of the City of Delray Beach paying Twenty (20) per cent
of the cost of said improvement and the abutting property o~ners,
said properties shown below, paying Eighty (80) per cent of said
total cost.
BLOCK L~0T
38 W 45' of the W 89' of Lot l; and
W 45' of the W 89' of the N
of Lot 2.
38 E ~J~' of the W 89' of Lot l; and
E~' of the W 89' of the N 29~~'
of Lot 2.
38 Lot I less the W 89' thereof.
~- 38 E 133.1' of Lot 9; and the E i33.1~
of the N 27.5' of Lot 10.
119
APRIL 25th, 1960.
37 Entire Block
said benefits to be determined and prorated according to the front
footage o£ the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against
all the parcels of lands as set forth above which a~e specially
benefited, shall be and remain liens superior in dignity to all
other lie~, except liens for taxes, until paid, from the date of
the assessment upon the respective lots and parcels of land assessed~
and which shall bear interest at the rate of eight (8) per cent per
annum, and which may be paid in three (3) equal yearly installments
with acceded interest on all deferred payments. Payment shall be
made at the same place that taxes payable to the City of Delray Beach,
Florida, are paid, namely the office of the City Tax Collector, and
upon failUre of any property owners to pay the annual installment due,
or any Part thereof, or any annual interest upon deferred payments,
the City of Delray Beach may bring necessary legal proceedings by a
Bill in Chancery to enforce payment thereof with all accrued interest,
together With all legal costs incurred, including a reasonable at-
torney,s fee. The total amount of any lien may be paid in full at
any time with interest from the date of assessment.
IT IS ORDERED that the City Council shall sit at the City Hall
in the City of Delray Beach, Florida, at 8:00 P.M. on the 9th day of
May, A.D., 1960, for the purpose of hea~ing objections, if any, on
said proposed improvement, as set forth above.
PASSED AND ADOPTED BY THE CITY coUNcIL of the City of Delray
Beach, Florida, on this the. 25th day of April, 1960.
Mr. Warren moved that ResolUti°n~No. 1244 be passed,' motion being
seconded by Mr. Camp~bell and unanimously carried.
There being no objections ~to ~-the proposed assessment roll
the -opening, grading and paving of that part of N. E. 7th Avenue
l~ying between N'. E, 5th and~ 8th Streets, approved by the City Counci~
on April llth, published in full as required by the Charter, and
providing thi~ ~evening for public hearing for the purpose of hearing
objections, if any, to the Proposed asSeSsments, M~. Worthing read
the Caption of 'ORDINANCE NO. G-357.
AN ORDINANCE OF THE CITY OF DELRAY
BEACH, FLORIDA' LEVYING THE A~SESSMENTS
· AS SHOWN BY THE ~ASSESSMENT RoLL SUBMITTED
BY 'THE CITY MANAGER 'OF SAID~CITY, FOR
OPENING, GRADING AND PAVING 'OF iTHAT PART
OF 'NORTHEAST SEVENTH AVENUE LYING BETWEEN
NORTHEAST FIFTH AND EIGHTH STREETS, TO A
WIDTH OF TWENTY-FOUR (24) FEET.'
Mr. Ha~bison moved to place Ordinance 'No. G'357 on firsb reading.
The motion was seconded by Mm. Warren and unanimously carried.
Mayor Sundy aPPointed Mr. Paul Knowles as a fifth member of the
Highways Committee that was appointed at the April 18th meeting to
contact property owners on West Atlantic Avenue for' needed right-of-
way,~and stated that Charles Harbison would act as temporary chairman
of said committee .until .a chairman was elected.
Mr. W0rthing ~presente.d bills for approval in the amounts of:
General Fund $22,179.21~'
Water Fund - Operating Fund 342.90
Mr. campbell moved that the bills as submitted be approved, motion
being seconded bY Mr. Warren an~ unanimously carried.
Mr, Worthing presented ~a report from the Planning Board on the
public hearing held by them on the request, for rez. oning "Palac~no-Park
from R-1 to R-2. Mr. Harbison moved ~to return ·this report to the
Planning Board for correction regarding an objection being voiced at
120
APRIL 25th, 1960.
the public hearing, and said report to be re-submitted at the special
meeting on Friday, April 29th, the motion being seconded by Mr.
Thayer and unanimously carried.
Mr. Womthing then presented the following report from the
Planning Board, dated April 22nd:
"The Zoning Commission met at 4:00 P.M., on Friday, April 22nd, 1960,
to consider the re-zoning of certain lands hereinafter described,
follow.lng a Public Hearing thereon as directed by the Council on
April 4th, while in regulam session, and said hearing was properly
publicized in accordance with legal requirements.
"Six persons appeared at the Public Hearing - Two favored the change~
two opposed any re-zoning; one favored re-zoning of the parcels on
the west side of N. E. ?th Avenue to R-3 but opposed re-classification
of the lands on the east side of said ?th Avenue and the other party
favored the area remaining as is but had no objection if the entire
group of lots involved were re-zoned to R-3.
"The Board,members Mr. Hanna, Mm. Jebb, Mr. Lankton and Chairman
Knowles being present, unanimously approved the RE-ZONING from R-2
to R-3 the following described parcels of land - namely
"Lots 30 thru 43, HALLER & GR00TMAN'S S/D, in Delray Beach, Florida,
P1.Bk, 5-4; and
Lots 44 thru 67, HOFMAN ADDITION, in Delray/Beach, Florida,
Pi.Bk. 5-3; and
Lots 15 thru 30, McGINLEY GOSMAN S/D, Delray Beach, Florida,
PI.Bk. 2-87.
"The Board felt that the area is well suited for apartments and that
additional apartments between Federal Highway and the Waterway would
be a decided asset to the city. Apartments, particularly on the West
side of 7th Avenue would establish an attractive and effective buffer
between Federal Highway and the residential area to the East of 7th
Avenue."
After general discussion Mr. Thayer moved to table this item until
the special meeting on April 29th. The motion was seconded by Mr.
Campbell and carried unanimously.
Mr. Campbell asked that Mr. Nell MacMillan's request for rezoni~
of Lot 12 & S 49.4' of Lot ll, Block 28, from R-2 to R-3, that had
been denied by the Council on April 18th, be reconsidered at this tim~,
and moved to rescind said motion. The motion was seconded by Mm.
Warren and carried unanimously. Mr. Campbell then moved that said
request for rezoning be granted, motion being seconded by Mr. Warren.
After discussion, the motion and second were withdrawn and it was
suggested that this item be brought~ up again at the special meeting
to be held on April 29th.
Mr. Campbell questioned the City's right, as a policing matter,
to enforce the use of the pamking for busses and trucks that pick up
the farm labor that has been provided at the rear of the Pony League
Ball Park. Replying to Commissioner Campbell,s inquiry relating to
parking regulations, Police Chief Croft advised that the Police
Department controls the regulation of traffic on the rights-of-way
but not on privately owned lands.
The meeting was adjourned at 9:40 P.M. on motion by Mr. Warren
and seconded by Mr. Thayer.
R. D. WORTHING.
City Clerk
APPROVED:
MAYOR
~ 6