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05-02-60 MAY 2, 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 Col. Dugal G. Campbell, Charles Harbison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by the Rev. Rudolf J. Keyl. Mayor Sundy stating that he thought Delray Beach was very fortu- nate in having a man of Mr. Mingle's caliber, introduced Mr. George Mingle the new City Manager. In response Mr. Mingle assured the Council and the public that he considered it a great privilege to be here and placed in a position to serve and work with the people here and that he was looking fOrward to many pleasant associations in Delray Beach. On motion by Mr. Harbison, seconded, by Mr. Campbell and unani- mously carried, the minutes of April 25th, 1960 were approved. Mr. Worthing read ~he following letter from the Evening Garden Club dated ~pril 27th and signed by Mrs. W. V. Croft, Secretary: "At the regular meeting of the Evening Garden Club held last evening, a project was discussed which we feel worthwhile. "There is a need for a small recreational park in the southern pa~t of town. A park with shade trees, shrubs, tables, benches, some swings and possibly slides. "Land adjoining the Little League Field at Cupric Park would be ideal for this purpose. "It was brought to our attention that several years ago this sugges~ tion was made, and the City Commission at that time thought the Littl~ League Field could be used between baseball seasons. This was ruled out by the American Legion as they felt the Ball Park would be ruined if used for any other purpose than base ball. "Parks add so much to a comuunity, and many of the residents living in the area mentioned above would surely enjoy having one developed there." "The Evening Garden Club would be happy to cooperate with the City, should you determine, after looking into this matter, to go ahead with the project. Thanking you for your consideration." Mr. Worthing informed the Council that in 1926, when the field was first dedicated by the Cupric family there was a lease given to t',_'~e Milton Myers Post # 6~, American Legion, and in 1954 there was a document provided from the Currie Investment & Title Guaranty Compa.uy in favor of Delray Beach providing certain uses of the field ~nd he then read the following excerpt from said document: "PROVIDED, however, and 'this conveyance is made subject to and upon the express condition that should the party of .the second part cease to use the foregoing l~.nd a semi public park and play ground, then in that event the title to said property shall revert to and vest in Curzie Investment & Title Guaranty Company, its sum- cessors ' and assigns.." Mr. Worthing also stated that the American Legion people, with wilom there had been conversation today, look rather favorably ~.pon further use of these grounds and that they are having a meeting tomorrow night and suggested this matter be tabled for one week in order that the above request might be referred to them for consideration, it being so moved by Mr. Campbell, seconded by Mr. Thayer and unani- mously carried. Mr. Campbell moved that our City Recreational Director investigate to see if there are any other city owned lands in that vicinity that might be developed into a park rather than this particular one, also that he get together with the Garden Clubs for study and then submit his suggestions. The motion being seconded by Mr. Harbison and unanimously carried. MAY 2nd, 1960. Mr. Campbell moved that the Recreational Director be directed to set up, on the Beach, some of the tables and benches that have be~n ordered for use in the City Pa~k, and further that the Beach be opened up for picnics including the proper use of fi~e for weiner roasts, etc., on a trial ba$is for this summer from May to November, the tables and fi~e places to be set up in one central place. The motion was seconded by Mr. Thayex- and unanimously camried. An election regamding the zoning moratorium was ordered by Council action on April 29th to be held in approximately six weeks, therefore Resolution No. 12~8 was prepared and was read in full by Mr. Worthing. RE~OL~ION NO. 1248. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING A SPECIAL VOTE OF THE QUALIFIED ELECTORS OF' SAID CITY FOR THE PURPOSE OF DETERMINING IF THE ~0NING MORATORIUM SHOULD BE REPEALED, AND AUTHORIZING THE MAYOR OF SAID CITY TO GIVE NOTICE OF SAID SPECIAL VOTE, BY PROCLAMATION. WHE~, on the 4th day of April, 1960, Ordinance No. G-345 was passed and adopted by the City Council of the City of Delray Beach, Florida, Section IV of said Ordinance providing that requests for rezoning shoUld be acted upon du~ing the months of December throug~ April, the balance of the yearn being May through November constituting a moratorium .so that no requests could be acted upon during the months except on an emergency basis, and WHEREAS, the City Council has determined that it would be for tho General Welfare of the City to have a Special Vote so that the Qualified Electors may determine whether or not the moratori~ua provision in said ordinance should be repealed, NOW, THEEEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PLORIDA, AS FOLLOWS': That the Mayor of the City of De]may Beach shall give notice, by proclamation, of a Special Vote to be held at the Del~ay ~ire Statio~,, 101 West Atlantic Avenue~ in the City of De]may Beach, Florida, on the 14th day of June, 1960, between the hours of ?:00 A.M. and 7:00 P.M., for the purpose of approving or repealing the Moratori~uu; that his notice and proclamation shall be published once each week for two consecutive weeks immediately preceding the Special Vote in the Del~ay Beach News-~oumnal, a newspaper published and printed in the City of Delray Beach, State of Florida, and having a general circulation in the City of De]may Beach, Florida, That the form of ballot to be used at Said election shall be substantially as follows, to-wit: OFFICIAL BALLOT SPEC IAL VOTE CITY OF DELRAY BEACH, FLORIDA 14th Day of June, 1960 Shall there be rezoning only during the months December through April, and a moratorium for the months May through November, at which time rezontng requests will not be heard or acted upon except on an .emergency basis. FOR THE MORATORIUM AGAINST THE MORATORIUM. ~_. .... . 2 MAY 2nd, 1960. That at said Special Vote only those electors who a~e qualified electors in the City o£ Delray Beach, Florida, at the date of said special vote as now provided by law shall be permitted to vote. There shall be polling places, which place shall be the CENTRAL FIRE STATION, 101 West Atlautic Avenue in the City of Delray Beach, Florida. That the following' named persons are hereby appointed inspectors of said special vote: Mrs. Nina Sprott Miss Florence Cramp Mrs. Mary Walker Mrs. Vera Bone Mrs. Bertha. Worthing Mr. L. L. Youngblood Miss Eunice Dolphus That the following named persons are hereby appointed Clerks of said special vote: Mr. Fritz Friberg Mr. C. C. Turner That the said special officials are hereby directed and required to make due return of the results of said special vote to the City Council of the City of Delray Beach, Florida, in accordance with law~ That a special meeting of the City Council of the City of DeYray Beach, Florida, be, and the same is hereby called on the 15th day of June, 1960, at 9:00 A.M., for the purpose of canvassing the returns of said special vote and declaring the results thereof. PASSED AND ADOPTED in Regular Session this 2nd day of May, 1960~ Mr. Harbison moved for adoption of Resolution No.1248 as amended, reflecting same to be recognized as a Special Election instead of a Referendum Election. The motion was seconded by Mr. Thayer and carried unanimously. Mr. Worthing then read the following proclamation: PROCLAMATION AND NOTICE OF ~IA~/~ VOTE ON REPEAL OF REZONING MORATORIUM WHE~S, the Cit~y Council of the City of Ddlray Beach, Florida, · did on the 4th day o~ April, 1960, pass and adopt Ordinance No. entitled: "AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PRESCRIBING AND SETTING FORTH RULES AND REGULATIONS FOR THE FILING AND DISPOSITION OF PETITIONS FOR ZONING AMEND- MENTS AND RE-CLASSIFICATIONS UNDER CHAPTER 29 OF THE CODE OF ORDINANCES OF TEE CITY OF DELRAY BEACH, FLORIDA." ~.~.?J.,and, Whereas, Section IV of said Ordinances provides for a re- zoning moratorium so that requests for zoning will be heard and acted upon only between December 1st and April 30th of the following year, except when the City Council may by majority vote declare an emer- gency to exist upon the receipt of a petition, and, WHEREAS, the Council has received petitions asking that s~id moratorium provision be repealed, and, WHEREAS, the Council has resolved by Resolution No. !248 that it is for the general welfare of the Cit~ that a Special Vote be held to determine the desires of the electors of this City, NOW, THEREFORE, I, ~LENN B.SUNDY, Mayor of the City of Delray Beach, Florida, do hereby give notice that a Special Vote will be held on Tuesday, June 14, 1960 for the purpose of allowing the qualified electors of the City of Delray Beach to approve or dis- approve the above captioned Ordinance No. G-3[~5. MAY 2nd, 1960. For said election, the Central Fire Station located at 101 West Atlantic Avenue in the City of Delray Beach has been, and is hereby designated as the polling place, and the voting hours are from 7:00 A.M. to ?:00 P.M. on said date. Ail qualified electors of the CiOy of Delray Beach, Florida, shall be qualified to vote. Absentee ballots will be available upon request. Dated this 2nd day of May, 1960. /si .... GLFm B.. SUND _ , ......... MAYOR ATTEST: R. D. WORTHING City Clerk Publish June 2nd and 9th, 1960. Upon question, Mr. Worthing infoPmed the Council that in ac- cordance with the provisions of the City Cha~ter absentee ballots will be furnished by the City Clerk upon request for same in writing, On April 29th the Council approved the opening, grading and paving of that part of N. E. 6th Street lying between N. E. 6th and ?th Avenues, therefore the following resolution was prepared and read in full by Mr. Worthing. RESOLUTION NO. 1246. A RE~0LUTION OF THE CITY COUNCIL OF THE CITY OF DELEAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THAT PART OF NORTHEAST SIXTH STRER. T LYING BETWEEN NORTHEAST SIXTH AND SEVENTH 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 Sixth Street lying between Northeast Sixth and Seventh Avenues to a width of Twenty-four (24) feet, the City of Delray Beach,' Palm Beach County, Florida, to share in the cost of such imDrovement with the owners of lands abutting thereon; NOW, THEREFORE, BEFIT RESOLVED by the City Council of the City of Del~ay Beach, Palm Beach County, Florida, as follows: SECTION 1. That the City Manager be ~equired '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 2nd day of May, A.D., 1960. It was~moved by Mm. Campbell, seconded by Mr. Warren s~d unani- mously car. ied to approve Resolution No. 1246. ~. Worthing then read RESOLUTION NO. 1247 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE 0PFJ~ING, GRADING AND PAVING OF THAT PART OF NORTHEAST SIXTH STRE~.T LYING BETWEEN NORTHEAST SIXTH AND SEVENTH AVENUES, TO A WIDTH OF T~SENTY-FOUR (24) FEET. WHEREAS, the City Council of the City of Delray Beach: FloI~ids., did, on the 2nd day of May, 1960, adopt Resolution No. 1246 ordering the City Manager to prepare plans and specifications, together with estimate of cost of opening, grading and paving of that part of Northeast Sixth Street lying between Northeast Sixth and Seventh Avenues, to a width of twenty-four (23%) feet, and requirin, g said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the City Manager, and 4 MAY 2nd, 1960. 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 follow- ing described improvement, to-wit; To Open, Grade and Pave that part of Northeast Sixth Street lying between Northeast Sixth and Seventh Avenues, to a width of twenty-four (24) feet, the total cost, as estimated, for such improvement being $1,800.00. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be shared by the City of Del~ay Beach, Florida, and the fol- lowing described properties in Delray. Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying Twenty per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying Eighty (80) per cent of said total cost. s_tm iv IO,, ,LO,T, Hofman Addition 37 " " 38 ,, ,, 4%09 ti ,! said benefits to be determined, and prorated according to the front footage of the respective properties as set forth immediately above~ BE IT FURTHER RESOLVED that said special assessments againsl; all. the parcels of lands as set forth above which, are specially benefi~;ed~, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessmen~ upon the respective lots and parcels of land assessed, and which shai~ bear interest at the rate of eight (8) per cent per annum, and ~,hich may be paid in three (3) equal yearly installments with accrued retest on all deferred payments. Payment shall be made at the ssme 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 owner to pay the annual installmmnt due, 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 cuffed, including a reasonable attorney,s fee. The total amount o~~ any lien may be paid in full at any time with interest from the dat~0 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 1.6th day of May, A.D., 1960, for the purpose of hearing 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 Pud day of ~MaY 1~0. It was moved by Mr. Harbison, seconded by Mr. Thayer and unanimouslL~ carried to adopt Resolution No. 1247. Mr. Worthing read ORDINANCE NO. G-358. AN ORDINANCE OF THE CITY C0~NCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOT 12 AND SOUTH 29.~ FEET OF LOT 11, BLOCK 28, DELRAY BEACH, IN "R-3 M~JLTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956 ·" The m~tion by Mr. Harbison to place Ordinance No. G-358 on first reading was seconded by Mr. Thayer and unanimously carried. MAY 2nd, 1960. Mr. Worthing then read ORDI~ANCE NO. G-359. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PALA¢IN0 PARK, DELRAY BEACH, IN "R-2 ONE AND TWO FAMILY DWELLING DIS- TRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." The motion by Mm. Campbell to place Ordinance No. G-359 on first reading was seconded by Mr. Warren and unanimously carried. Mr. Worthing read ORDINANCE NO. G-360. AN ORDINANCE OF THE CITY COUNCIL OF THE - CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1.5, 16, 17, 28, 29 & 30, Mo INLa G0SMAN S/D, LOTS44 TH U 55, HOFMAN ADDITION, LOTS 30 THRU 36, HALLER GROOTMAN~S S/D, DELRAY BEACH, IN "R'3 MULTIP?~.W_. FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." The motion by Mr. Warren to place Ordinance No. G-360 on first reading was seconded by Mr. Harbison and unanimously carried. Mayor Sundy stated that he had received a memorandum from City Manager Mingle of a call f~rom Col. Altman, Director of the Civil Defense of Palm Beach County, asking that the Council be advised that on Tuesday, May 3rd, at 1:00 P.M. v there would be a Civil Defense alert and requested that the City of Delray Beach sound their siren for one minute; also that the Radio Station be advised to give notice to the citizen~ that the sounding of the siren is only an alert test. Col~ Altman also requested that the Mayor,or his representative of the City of Del~ay Beach~ be in attendance at the Civil Defense head- quarters at the West Palm Beach Air Force Base at 1:00 P.M. on that date. Mayor Sundy informed the Council that the Radio Station been given this information and he then appointed Mr. Thayer as the Delray Beach representative. Mr. CamDbell reported that the committee appointed to check on the condition of N~ W. 4th Avenue between 14th and 16th Streets had done so, and asked that the Director of Public Works be instructed to survey that street putting in the necessary markers as it is almost impossible to determine where the R/W exists and after it has been marked, recommendations will be made as to proceeding with the correction of conditions that now exist. Mr. Campbell, as chairman of the committee to work with the two architects regarding the new Community Center and City Hall Buildings, arranged for a meeting with the architects for 9:30 A.M. Thursday, May 5th. It was suggested that in the future the recognition of public requests from the floor be placed on the agenda immediately after the approval of minutes land City Manager Mingle stated that it would be a good proceddre. Regarding the Henry Gordon drainage and law suit ~atter Mr. Campbell moved that a settlement be offered Mr. Gordon as follows: That the assessment mtand as made, that the interest established on the assessment stand as it is up to the date that the suit was start- ed, with the thought that the suit having been dropped is mn advan- tage to Mr. Gordon and also as a protection against another z~uit that might be instituted, and waive the interest from that d~.t~ with the understanding that payment would be made promptly. The motion was seconded by Mr. Thayer and upon roll call Mr. Ca~mpbell, ~. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Harbison abstained from voting. Mr. Worthing presented bills for approval in the amounts of: 6 135 MAY 2nd, 1960. GENERAL FUND 34,927.28 WATER FUND - OPERATING FUND 1,569.25 M~. Warren moved that the bills as submitted be approved, motion being seconded by M~. Thayer and carried unanimously.. Regarding the lighting for Delray Beach on the new Federal Highways, Mr. Harbison moved for approval of said lighting as follows: 10,O00 lumen lights on 5th and 6th Avenues, but 5th Avenue beyond 2nd Street North and 2nd Street South would have 6,000 lumen lights from there to the city limits, motion being seconded by Mr. Warren. Following discussion the motion and second were withdrawn and Mr. Campbell moved to table this item for one week for a full report from the chairman, motion being seconded by Mr. Thayer and carried unanimously. Regarding city drainage t'ie-in with the drainage under ~he Federal Highways thru Delray Beach, construction of which will be under way in the near future, it was suggested that a study be made of this with the engineers and this item be placed on next weeks agenda for a conference with the Director of Public Works concerning this. The meeting was adjourned at 8:55 P.M. on motion by Mr. Thayer and seconded by Mr. Campbell. R. D. WORTHI_NG ........ .. City Clerk APPROVED: MAYOR MAY 2nd, 1960.