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05-09-60 3.5? FAY 9th, ~960, 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, City Manager George Mingle, City Attorney Richard F. Zimmerman and Councilmen Col. Dugal G. Campbell, Charles Harbison, John Ar Thayer and George V. Warren being present. An opening prayer was delivered bY Councilman Charles Harbison. On motionbyMr. Warren, seconded byMr. Campbell and unanimous- ly carried, the minutes of April 29th and May 2nd meetings were approved. Under public requests from the floor, Mr. $. L. Patterson asked if the City Attorney.had received an answer from the Attorney General of the State of Florida regarding questions concerning zoning and was informed by Attorney Zimmerman that he had not received an answer to his letter. A request, as follows, was received from Benedict & Jordan, General Contractors of MiamidatedMay 5th, also the City Building Inspectors comments ~oncerning same: "Scholz Homes Inc. has erected four model homes at the entrance of Tropic Palms Subdivision on Lots A, B, C and D. Since our opening is scheduled for May l§th we would like permission to put up a double-faced real estate developer's sign, 12 feet x 18 feet, to be placed on the triangular piece of ground, known as Lot N. A sketch of this sign is attached. '~6e would appreciate your presenting this request to the City Council on Monday, April 8th, in order that we may have this sign erected for our opening. /s! S. T. Benedict" "May 6, 1960 Re: application for an Outdoor Advertising Display sign as defined in Sec. 3-1 par. (b) by Benedict and Jordan, developers of Tropic Palms Subdivision. "A sign of this type may be erected by a developer at this location with a maximum area of 6' x 9' without a special permit. "Due to the location o~ the proposed sign, a 6' x 9' display wnuld not have much advertising value because, 150' North and 150' South and directly across the Highway there are large SignBoards that are in the County and cannot be con/rolled by our ordinance. "I feel that a precedent would not be established by issuing a special permit for this sign, /s! R. A. Hughson" ?ityManager Mingle after having made a personal inspection of the cea:ion concurred with Building Inspector Hughson's recommendations. Mr. Campbell moved that the requested sign permit be granted. Upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer and Mr, Warren voted in favor of the motion, Mayor Sundybeing opposed. Regarding the request of the Chamber of Commerce for a sidewalk to be constructed on N. E. 3rd Avenue from Atlantic Avenue North to the City Parking Lot, the Council on April 18th requested that a traffic count be made on this portion of N. E. 3rd Avenue. The traffic count was made by the Police Department showing that on Saturday, April 30th, be~ween.the hours of 8:00 & 9:00 A.M.,16 cars and 1 pedestrian used this R/W and on Monday, May 2n% between the hours of 8:00 to 9:1~0 A.M.,40 cars and 8 pedestrians used said R/W. City Manager Mingle, in view of the traffic count."showlng there is not an excessive use of this R/W by pedestrians and that the Council has ordered the improvemen~ of the north-south and the east-west alleys in the south part of this 'Block 92 giving sufficient access to the pgrking lot, recommended that it is not necessary to provide MAY 9th, 1960. a sidewalk on N. E. 3rd Avenue as requested. It was moved by Harbison to sustain the City Managers recommendation, motion being seconded by M~. Thayer and u~animously carried. A mequest was sumbitte~ fmam Mr. W. F. Snyder and H. Ben Adam~, owners of Blocks 26 & 27, H~wood Subdivision, per Plat Book 15, Page 23, for the abandonment of said plat and acceptance of a preliminary plat for re-subdivision of said'blocks. Following discussion, Campbell moved to abandon the plat of Blocks 26 & 27, HomewoodS/D and in so doing accept from Mr. ~nyder an indication of his future intent as reef looted in a copy of his preliminary plat, the motion being seconded by Mr. Thayer and unanimously carried. The 0ouncil was informed that said preliminary plat had been studied by the Planning Board and a report concerning same would be made, also the plans would go to the Director of Public Works and said plat would possibly be presented to the Council in two weeks. There being no objections to Resolution No. 1~}!~, passed on April 25th .and setting this date to hear objections, if any, to said proposed improvement on a part of Southwest First Street lying be~ tween Southwest Third and Fourth Avenues City Clerk Worthing read RESOLUTION NO. 1249. A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF DE~RAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH TEE OPENING, GRADING AND PAVING OF THAT PART OF SOUTHWEST FIRST STREET LYING BETWEEN SOUTHWEST THIRD AND FOURTH AVENUES TO A WIDTH OF TWENTY-FOUR (2~) FEET WHEREAS, the City Council of the City of Del~ay Beach, Florida, did on the 25th day of April, 1960, by Resolution No. determine to proceed with the opening, ~rading and paving of that pa~t of Southwest First Street lying between Southwest Third and Fourth Avenues to a width of twenty-four ( 2;-., ) feet. W~EREAS, the Resolution providing therefor has been duly published as required by th'e City. Charter, together with a notice that objections to said improvement would be heard, and WHEREAS, no sufficient objections have been made to.such proposed 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 opening, grading and paving of that part of Southwest First Street-lying between Southwest Third and Fourth. Avenues, 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 kopt open for the inspection of the public. PASSED in regular session on this the 9th day of May, 1960. Mr. Harbison moved for adoption of Resolution No. 1249, motion 'oe~g seconded by Mr. Campbell and unanimously carried. City Clerk Worthing then read ORDINANCE NO. G-~57. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING TEE ASSESSMENTS AS SHOWN BY THE' ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, FOR OPENING, GRADING AND PAVING OF ~AT BART OF NORTHEAST SEVENTH AVENUE LYING BETWIEEN NORTHEAST FIFT~ AND EIGHT~ STREETS, TO A WIDTH OF TWENTY-FOUR (24) FEET. W~[EREAS, the City Manager of the City of Delray Beach, Fla., has, in pursuance to the Charte~ of said City, submitted to the City Council for approval, a report of the cost, and the ~.ssessment roll for the opening, g~-ading and paving of that part of Northeast Seventh Avenue.lying between Northeast Fifth and Eighth Streets to a width of twenty four (24) feet, and 2 MAY 9th, 1960. WHEREAS, said report and assessment roll were approved by the City Council in regular session on the llth day of April, 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 con- firmation 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 shown 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 installments, together with interest at the rate of eight (8) percent per annum, the first installment becoming due and pay- able on the 8th day of June, 19S0, and on the 8th day of June for the next ensuing two (2) years; and said special assessment so levied shall be a lien from the date the assessment becomes effec- tive upon the respective lots and parcels of land described in said assessment roll, of the same nature and to the same extent as the lien for general taxes, and shall be collectible in the same manner and.-~ith the same penalties and under the same provisions as to sale and forfeiture as City Taxes are collectible. PASSED in Reglxlar Session on second and final reading on this the 9th day of May, A.D,, 1960. ASSES.SME.NT ROLL For Opening, Grading and Paving of that part of Northeast Seventh . Avenue lying between Northeast Fifth and Eighth Streets, to a width of 9.4 feet. DESCRIPTION FRONT FRONT FT. TOTAL OF PROPERTY _OWNER FOOTAGE ASSESS~NT ASSESS~4ENT McGinley Cosman Margaret Walsmith 99. · $2.1587 $198.14 Lot 56 McGinley Gosman ' R.V. & Margaret R. N 33' of Lot 45 Millner 33' " 71.08 McGinley Gosman H.E .Adelsperger, Jr. S 67' of Lot 45 67' " 144.30 McGinley Gosman . A.G. Ranson Lot 28 100' " 215.37 McGinley Gosman E.U. Roddy, Sr. Lot 17 100' " 215.37 H0fman Addition Annie Hofman Lots 44, 45, 46 47, 48 and 49 324.8' " 699.53 Hofman Addition Thomas M. Corcoran Lots 50 a 51 & N half of 52 187.4' " 295.92 Hofman Addition Dr. T. L. Thomas Lot 58 and S half of 52 75' " 161.53 Hofman Addition Frank H. & Ruth R. Lot 54 Doman 50' " 107.69 MAY 9th, 1960. Herman Addition Frank H. & Ruth R. Lot 55 Doman 62.4' ~2.1537 134.40 Herman Addition William H. & Mary G. Lot 56 & S 10' Hedge of 57 72.4' " 155.93 Hofman Addition Annie Hofman Lot 57 less S 10' and Lot 58 90' " 193.84 Hofman Addition Annie Herman Lot 59 50' " 107.69 Herman Addition Annie Herman Lots 60 & 61 112.4' " 242.08 Hofman Addition Annie Herman Lots 62, 63, 64, 65, 66 & 67 324.8' " 699.53 McGinley Oosman J. Philip Hoyle Lot 18 100, " 215.37 McGinley Gosman J. Philip Hoyle S~ of Lot 27 50' " 107.69 McGinley Gosman Betty H. & ~m. M. N~ of Lot 27 50' " 107~.69 McGinley GoSman Frederick S. Neafie Lot 46 100' " 215.37 McGinley Gosman B.R. Properties Lot 55 92' " 198.14 2083.2' $4,486.66 ** Assessment Roll (est) 31. 5o Ordinance Caption (est) ~4.95 947' 55 Engineering (McLaughlin & Assoc., Inc.) 6,458.28 Contract (Hardrives, Inc.) - 7, 77.7'6 Less 40% $2,991.10 City' s share of Exp. pe~~ ~ Res. No. 1202 ** 60% $4,486.66 TO BE ASSESSED There being no objections to the assessments as levied by Ordinance No. G-357 ~the motion to adopt said Ordinance on second and final reading was made by Mr. Campbell, seconded by Mr. Harbison and unanimously carried. Mr. Harbison informed the Council that He and two other councilmen together with Mr. John Rogers of Florida Power & Light Company had made a trip to Fort Lauderdale and some other neighboring towns to the south to look over lighting systems~ and now' suggests that street lighting be installed on U. S. # 1 through the City of Delray Beach as follows: "On N. E. 6th Ave., North of N. E. 2nd St~., 10,000 L Spaced 110' On S. E. 6th Ave., South of S. E. 2nd St., 10,000 L Spaced !10' · On 6th Ave. between N. E. 2nd St. and S. E. 2nd St., 10,000 L spaced 90'. On N. E. 5th Ave., NOrth of N. E. 2nd St., 6,000 L Spaced Il0'. 4 MAY 9th, 1960. On S. E. 5th Ave., South of S. E. 2nd St., 6,000 L spaced ll0'. On 5th Ave. between N. E. 2nd St. and S. E. 2nd St., 10,O00 L Spaced 90'. "All facilities to be owned by Florida Power and Light Company. Lights to be mounted on painted-wood poles with overhead conductors. "There will be approximately 89-6000 L and 157-10~000 L ights, with an approximate annual cost to the city of 13,200, including 2~6 pole rentals at $2.00 each. The existing lights in this section cost about $2,750 annually, which gives a net increase of $10,450 for lighting the highway." Mr. Warren moved that the recommendation of Mm. Hambison be approved and that the material be prepared either in that manner or whatever is necessary with the sketch and forwarded immediately to the State Road Department and to the Florida Power & Light Company, the mo~ion being seconded by Mr. Thayer and unanimously carried. The Council was informed by the Director of Public Works that markers had been placed on N. W. 4th Avenue between 14th and 16th Streets showing the existing R/W on that portion of N. W. 4th Avenue as had been requested by the Council on May 2nd and plans were made by the committee to meet at that location at 9:00 A.M. on Tuesday, May 10th,to look over the situation and report to the Council at a later date. Regarding the status of city drainage in Connection ~with th® proposed new state highway, City Manager Mingle read the following memorandum from Director of Public Works .Fleming dated May 6th: "Subject: Status of city drainage projects in connection with the proposed new state highway. "Approximately two yearns ago the city had taken bids and was consider- ing the installation of a drainage system with an outfall on N. 2nd Street, running from an area. East of Swinton Avenue and draining into the Intracoastal Waterway. "Public hearings were held on this drainage project and it was decided that before proceeding a study should be made to determine the feasi- bility of tying-in the outfall from the citY's dzai.na~e, area' ~with the ou~fall from the proposed new Federal H~bway, "M~. Claude A. White, PE, of the State Highway Department was pri- vately engaged by the city to make a recommendation as how the entire area, West of the Federal Highway between S. E. 4th Street and N.E. 4th Street and bounded on the West by Swinton Avenue, could be drain- ed to the locations where the outfalls were designed by the State Highway engineers. "Working in cooperation with the City Manager and the State Highway engineers, Mr. White determined the boundaries of three drainage areas with outfalls at #l-SE 4th Street, #2-SE 1st Street and #3- NE 2nd Street. A study was made to determine the increased size of the outfall which would be required by draining the city,s areas through the outfalls which were to be provided by the State High~'ay, and a formal resolution was adopted by the Council authorizing the State Highway to increase the size of its outfalls to the capacity necessary to permit the city to drain' its areas into these outfalls. "Construction of the drainage facilities for the city,s three areas West of the state highway may be performed at any time after the outfalls have been installed by the State Highway Department. Mr. White's estimated cost for the city,s installation in these, areas was as follows: for system ~ i - (SE 4th Street outfall) $17,754, ~ystem # 2 - (SE 1st Street outfall) $76'180 and system # 3-- (NE 2nd Street outfall) $105,380." Following discussion Nm. Fleming informed the Council that the forme~ Council had passed a Resolution authorizing execution of agreement with the State Road Department providing for a Joint 'storm sewer project, also that there is a complete set of plans on file in the City Hall regarding the drainage. 5 MAY 9th, 1960. It was moved by Mr. Ha~bison that the City Manager get in touch with the State Road Department and ge~ a statement from them that they are definitely planning to take ca~e of the City of Delray Beach regard- ing the drainage tie-in and that everything is in order, also what the cost to the City will be, the motion being seconded by Mr. Warren and carried unanimously. Upon question about the location of the State Road Drainage line, Mr. Fleming informed the Council that it is shown on the set of drainage plans that he had mentioned being on file in the City Hall, as well as the location of outfalls, etc. Mr. Thayer reported that he had attended the Civil Defense Alert at the West Palm Beach Air Force Base on May 3rd as the Delray Beach representative. Also that Col.Altman would come to Delray Beach to see the City Manager and bring material concerning Civil Defense activity, and that Rear Admiral Tuzot who had been appointed director of Civil Defense in De~ay Beach by a prior council, could not personally carry on with the work here but would be very glad to cooperate with ou~ City Manager and thought that .our ~Managert with the city organization here and perhaps with the cooperation of the members of the American Legion, Veterans of Foreign Wars, and others could work out a program which would be very satisfactory. Mr. Thayer also mentioned that it was the opinion of Rear Admiral Tuzo that Delray Beach is not primarily a target area because of the lack of industrial activity in this general section but ther~ should be instruction to the public as to avenues and methods of evacuation from the city in case of fall-out from some place where. there would be radio activity. He also mentioned that Mr. Stuart Campbell had prepared a thesis on the subject of Civil Defense, copy of which will be available for our City Manager. City Manager Mingle presented bills for approval in the amounts of: General Fund 26,084.97 Water Fund - Operating Fund 682.61 Mr. Campbell moved that the bills as submitted be approved, motion being seconded by Mr. Harbison and unanimously carried. Mr. Campbell, as Chairman of the Committee to work with the Architects regarding the New City Hall and Community Center, reported that a plan had been tentatively accepted for the City Hall and that plan will be given to the papers in the near future. He exp~,essed a desire that many interested people will voice their opinion on these plans and will be as enthusiastic about them as the Council is, ~d hopes to get under way with the actual construction very soon~ Mr. Campbell also reported that Mr. Roy Simon would be .ready with some plans this week for a meeting with the Council regarding the Community Center and a report would be made on that next week. The meeting was adjourned at 9:00 P.M. on motion by Mr. Thayer and seconded by Mr. Harbison. R. D. WORTH~G .... City Clerk APPROVED: / 6