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05-16-60 MAY 16th~ 1960. A regUlar meeting of th~ City C~cil 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 Council- men Col. Dugal G. Campbell, Charles Harbison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by the Rev. J. W. Nabors. On motion by Mr. Harbison, seconded by Mr. Campbell and unani- mously carried, the minutes of May 9th, 1960 meeting were approved. Concerning the purchase of air conditioning and heaYing system for the Central Fire Station, which item was tabled on April 29th for further study and to obtain cost of monthly operation, it was reported that Mr. Charles Senior, Manager of the Florida Power & Light Company, had estimated the monthly operation cost would be approximately $114.00. Fire Chief Gregory is of the opinion that considering the days they. would not need to operate the system.the cost would be less than $100.00 per month to operate same, and since there is sufficient money in the current budget for purchase and operation of the system, recommended that the low bid be accepted and the equipment purchased. Mr. Harbison moved to table this item for another week to allow the Councilmen to further check the need for installation of this system in the various rooms of the Central Fire Station. The motion was seconded by Mr. Thayer and unanimously carried. Regarding the purchase of a 24 Cubic Yard Front End Loader for the Waste Disposal Department, City Manager Mingle read the follOWing memorandum from the Director of Public Works, dated May 12th. "As you know bids were received for the subject Front End Loader, on April ?th, and the tabulation of bids, as well as my recommen~ dation for the purchase of the Allis Chalmers machine was presented to the Council in its regular meeting on April llth. "A copy of the'bid tabulation and my original recommendation is attached for your reference. "The Council,. at this meeting, requested a demonstration of the equipment as bid. This demonstration was set up for May 10th, and the demonstration of the working features of the Allis Chalmers machine and the International machine was observed at the city.s sanitary landfill (the Caterpillar people, being the high bidder, declined to demonstrate). "After viewing the demonstration, I c~n see no reason to alter my' original recommendation. I have stated t~xat ~aither machine meets, in all points, the specifications under which the bids were accepted, however, the Allis Chalmers machine exceeds the specifications in several important points. "After carefully ~eoonsidering all the features of both machines, it is still my opinion that the Allis Chalmers machine is the most economical to buy." Mr. Campbell moved that the City Manager be .given the authorization and be directed to make a decision in this matter promptly as the equipment is needed by the department, subject to the City Attorney determining that this action z;eets the requirements of the City Charter in the method of letting bids, the motion being seconded by Mr. Thayer and unanimously carried. At the request of the Council and individuals present at a recent Council Meeting Attorney Zimmerman wrote to the Attorney General of the State of Florida to get an additional opinion about rezoning matters in Del~ay Beach. The two questions that were asked ~he Attorne~ General are as follows: (1) May a City such as Delray Beach permit rezoning West of the IntraccaStal Waterway on a year-round basis -:~ ~Y 16th, 1960. and restrict rezoning East of the Intracoastal Waterway to the months of December thru April of each year? (2) Is it constitutional for De]may Beach to restrict re- zoning to the months of December thru Ap~il.of'each year? The following reply was received frcm Attorney General Richard W. Erwin dated May 6th, 1960: "Re: Res.$r~cting munic~pa! zoning .to certain time. "This is in response to your letter of May 2 wherein you inquire as to whether or not the City of Delray Beach might restrict zoning changes to the period between December through April of each year. "I direct your attention to Chapter 29023, Special Acts of Florida 1953, wherein the legislature amended the charter of the City of De]may Beach to accomplish this very thing. That act provides in part as follows: ~Be it Enacted by the Legislature of the State of Florida: Section 1, That Sub-Pamagraph (18)of Section 7 of Chapter 25786, Laws of Florida, Special Acts of 1949, be and the same is hereby amended to read as follows: . o . . No che~ges shall be made in zoning plan, regulations or ordinances e~ept during the months of December to April, inclusive, unless an emergency affecting the entire city is declared to exist by a unanimous vote of the five City Councilmen.' "For reasons unknown to this office, the legislature again amended Sub-Paragraph 18, Section 7, A~ticle 2'of the city charter, Chapter 25786, Special Acts of Florida 1949, in 1955 when it enacted Chapter 30698. In that amendment the legislature deleted the sentence~uoted above from the-1953 act. Thus, it appears at least that the cit~ council is no longer required to limit rezoning and reclassification to the particular months of December to iApril of each year. "In your letter you also inquire as to the constitutionality of limiting zoning and rezontng to a particular time of the year. It is a long established policy of this office to refrain from rendering opinions with regard to the constitutionality of laws or municipal ordinances as this is more appropriately a function of the Judiciary. It might, however, be pointed out in passing that the legislatume saw fit to enact these provisions into law and, therefore, if the circumstances warranted the city fathers might be Justified in follow- ing the pattern previously established by the legislature. It should, however, be borne inmind that the legislature did revise its position at the following session and the reasons for this action should, of course, have some bearing with regard to the inclusion of the time limit within the municipal zoning ordinances. "Trusting the above comments will be of some assistance to you." Since the first question about dividing De]may Beach into two sections concerning rezOning was not answered and no definite answer given on the second question, and following discussion, Mr. Warren ga~e his interpretation on the subject as follows: The Council, after obtaining the opinion of the registered voters of De]may Beach as reflected by the ~pecial Vote to be held on June 14th, can determine what action they will take as to whether rezoningWest of the Intracoastal Waterway will. be on a year-round basis or that the zoning moratorium on the whole town will be lifted and after the Council passes what ordinances it desires concerning the zoning moratorium it is up to the citizens of Delray Beach to contest.that action if they so desire. Mr. F. L. Sprayber~y who had requested the improvement of a pDmtion of N. W. 4th Avenue asked what action had been taken regarding said improvement. Mr. Campbell, as a member of the committee appoint, t ed to study this matter, reported that Mr. Worthinghad obtained 2 MAY 16th, 1960. a promise from Mr. John N. Sloan and Dr. W. A. Caldwell that they will give a 15 foot street R/W to the City without cost if the City in return will not charge them for the improvement thereon. Campbell then moved that N. W. 4th Avenue from 14th to 17th Streets be resurfaced to a width of 16 feet as a city project and part of the street maintenance program, the motion being seconded by Mr. Warren and unanimously carried. Mr, Harbison questioned the 16 foot width of paving and moved to amend the preceding motion to the effect that the resurfacing of that portion of N. W. 4th Avenue would be to a width of 24 feet, the motion being seconded by Mr. Campbell and unanimously carried. There being no objections to Resolution No. 1247, passed on May 2nd and setting this date to hear objections, if any, to said proposed improvement on part of Northeast Sixth Street, City Clerk Worthing read RESOLUTION NO. 1250. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING T~LE CITY ~NAGER TO PROCEED WITH THE OPENINC-, GRADING A~D PAVING OF THAT PART OF NORTHEAST SIXTH STREET LYING NETW~J NORTHEAST SIXTH AND SEVENTH AVEi~S, TO A WIDTH OF TWENTY-FOUR (24) F~.~T. WHEREAS, the City Council of the City of Delray Beach, Florida~ did on the 2nd day of May, 1960, by Resolution No. 12!~7, determine to proceed with the opening, grading and paving of that part of North- east Sixth Street ~lying between Northeast Sixth and Seventh Avenues to a width of twenty-four (24) feet, WHEREAS, the Resolution providing therefor has been duly pub- lished as required by the City Charter, together with a notice that objections to said improvement would be heard, and WHEREAS, no sufficient objections have been made to such pro- posed improvement, NOW, THERE~0RE, 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 Northeast Sixth Street lying between Northeast Sixth and Seventh Avenues, to a width of twenty-four (24) feet according to the plans and specifications heretofore ~iled 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 16th day of May, 1960. It was moved by Mr. Thayer, seconded by Mr. Harbison and unanimously passed to adopt Resolution No. 1250. Mr. Worthing informed the Council that the owners of Blocks 26 & 27 of Homewood Addition, who had. requested and been granted by the Council on May 9th the abandonment of said~ property, now desire the abandonment of Golf view Drive a ~0 foot R/W ~lying east thereof and asked that the reading of ResolutiOn No. 1251 abandoning said Blocks of HomewoOd Addition be tabled at this time, it being so moved by Mr. Warren, seconded by Mr. Campbell and carried unanimously. City Clerk Worthing then read ORDINANCE NO. G-358. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOT 12 and SOUTH 29.4 FEET OF LOT ll, BLOCK 28, DELRAY BEACH, IN "R-3MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956 ·" BEFIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: MAY 16th, 1960. SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned, as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 12 and South 29.4 feet of Lot ll, Block 28, DeI~ay Beach, in "R-3 Multiple Family Dwelling District," according to Plat Book l, Page 3 on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the building inspector of said City shall upon the effective date of this Ordinance change the "Zoning Map of Delray Beach, Florida, 1956," to conform with the provisions of Section i hereof. PASSED in regular session on the second and final reading on this the 16th day of May, A.D., 1960. There being no objections to Ordinance No. G-358 it was moved by Mr. Warren, seconded by Mr. Campbell and unanimously carried, to adopt said Ordinance on second and final reading. City Clerk Worthing then read ORDINANCE N0. G-359. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PALACINO PARK, DELRAY BEACH, IN "R-2 ONE AND TWO FAMILY DWELLING DIS- TRICT'' AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby reZoned, as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Palacino Park, Delray Beach, in R-2 One and Two Family Dwelling District according to Plat ~6, , Book Page 120 on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the "Zoning Map of Delray Beach, Florida, 1956," to conform with the provisions of Section 1 hereof. PASSED in regular session on the second and final reading on this the 16th day of May, A.D., 1960. There being no objections to Ordinance No. G-359 it was moved by Mr. Campbell, seconded by Mr~ Harbison and unanimously carried to adopt said Ordinance on second and final reading. City Clerk Worthing then read ORDINANCE NO. G-360. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 15, 16, 17, 28, 29 and 30, McGINLEY GOSMAN S/D,~ Lots !~!! THRU 55, HOFMAN ADDITION AND LOTS 30 THRU 36, HA~.T~R GROOTMAN'S S/D, DELRAY BEACH,. IN "R-3 MULTIPr~ FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA. MAY 16th, 1960. SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned, as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 15, 16, 17, 28, 29 and 30 ~?GINLEY GOSMAN S/D, Plat Book 2, Page 87, Lots ~ thru 5%, HOFMANADDITION, Plat Book 5, Page 3, and Lots 30 thru 36, HALLER GROOTMAN'S S/D, Plat Book 5, Page 4, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance ~.change the "Zoning Map of Delray Beach, Florida, 19~6," to conform with the provisions of Section 1 hereof. PASSED in regular session on the second and final reading on this the 16th day of May, A.D., 1960. There being no objections to Ordinance No. G-360 it was moved by Mr. Thayer, seconded by Mr. Warren and unanimously carried to adopt said Ordinance on second and final reading. · City Manager Mingle presented bills for approval in the amounts of: General Fund $ ~!,171.68 Water Fund - Operating Fund 1,910.53 General Fund - Sinking Fund 59,504.00 Mr. Harbison moved that the bills be approved, motion being seconded by Mr. Thayer and unanimously carried. Mr. Warren, as a member of the ~igh~ays Committee appointed to investigate obtaining the nedessary R/W for the proposed West Atlanti:~ Avenue widening and to provide for the desired alleys on the North and South sides of West Atlantic Avenue, moved that a Resolution be prepared giving authority to the Building Inspector to delay issuing any building permits for a period of 60 days in the following de- scribed area: 200 feet North and 200 feet South from the centerline of West Atlantic Avenue from Swinton Avenue West to the Seaboard Railroad. Mr. Harbison requested a comment from the City Attorney that he considers such to be appropriate and Attorney Zimmerman said that he was perfectly agreeable on stating'that he thinks 60 days is reasonable. The motion was seconded by Mr. Campbell and unanimously carried. Mr. Campbell moved that the Public Works Department be in- structed and authorized to make a study and recommendation of the possibility of opening N. E. 5th Street from 5th to 7th Avenues, part of said street having already been paved by abutting property owners and since 5th and 6th Avenues will undergo construction in the near future the opening of said street may give some relief to traffic at that time. The motion was seconded by Mr. Thayer and unanimously carried. The meeting was adjourned at 8:45 P.M. on motion by Mr. Thayer and seconded by Mr. Harbison. R..D,. WOR, THING City Clerk APPROVED: MAYOR ~ - MAY 16~h, 1960.