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08-22-60 215 August 22, 1960 · A regular meeting of the City Council of Delray Beach was held zn 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 Charles H. Harbison, and ~eorge V. Warren being present. An opening prayer was delivered by the Rev. Marland Zimmerman. Mayor Sundy announced that the submission of bids received for construction of proposed City Hall would not be considered at this meeting as had been planned as the City Attorney and the Architect are checking over the bids. On motion by Mr. Harbison, seconded by Mr. Warren and unanimously carriec~ the minutes of August 8th, 1950, meeting were approved. Under public requests from the floor, Mr. E. A. Schmidt referred to a newspaper item of last week stating that Mayor Sundy had been in correspondence with the owner of property that has been considered as a possible location of the proposed Post Office, and Mayor Sundy stated that he had not had correspondence with said property owner. City Clerk Worthing informed the Council that a request had been received to move four frame houses from Block 74 to the North 150 feet of the South half of Block $9, ~wo to face S. W. 3rd Avenue and two to face S. W. 4th Avenue} and, according to council policy, the Building Inspector had sent notices to property owners in the vicinity of Block 39 and that there had been several objections to the reloca- tion of the~e four frame houses. The Building Inspector states that these houses will meet the legal standards as established by our zon- ing, plumbing and ele.c~ri~al codes and all other regulations and re- quirements, and he reco_,~__ends that the relocation of these four frame houses be allowed. Mayor Sund7 asked the City Attorney if according to the City Code these houses could be moved without the approval by the Council and was informed that if they met the zoning and building code specifications and were approved by the Building Inspector.. that they could be moved. Following discussion, Mr. Harbison moved that the request to relocate these four frame houses be granted, subject to proper bond. The motion was seconded by Mr. Warren and unanimously carried. Concerning the bids received for removal of the east-west wing of the Scout Hut~ the Council was infomed that from several bids solicited only one bid was received and it is considered to be in excess of a reasonable charge for the work. It has been determined by the Director of Public Works and the City Manager that the city is in a position to do this work with city forces at an estimated cost of ~850.00! therefore, it is recommended that no award be made on this contrac~ and that the work be performed by city forces. Mr. Warren moved that the one bid received be denied and that the City Engineer be directed to do the work.. The motion was seconded by Mr. PIarbison and carried unanil~ously. Concerning air conditioning and heating c~ the second floor of the Central Fire Station ~he following bids were 'received= Hands rson-Hollowa7 $4,874.00 B0ynton Metal Craft, Inc. §,$95.00 Thermotrol Heating & Air Conditioning 4,350.00 Island Sales & Service 4,646.5~ Modern Roofing Co. 4,876.90 AUGUST 22nd, 1960. City Clerk Worthing also read the following memorandum from Pire Chief Gregory: "I recommend that the City purchase the General Electric Air. Conditioning Equipment for Central Fire Station, due to the fact that it is nationally known and an old established company and has parts and servicemen available almost everywhere. The City has a General Electric Unit in the North Water Plant Office Building in- stalled for approximately two years that has given trouble-free service. The General Electric bid is next to the lowest, with Island Sales and Service bidding $4,646.52. "The lowest bidder, Thermotrol Heating and Air Conditioning, furnishing a bid of' $4,$50.00 sells equipment manufactured in Los Angeles~ California, and is an unknown brand of air conditioning as far as I am concerned." Following comments from ~[r. Delevett of the Thermotrol Heating and Air Conditioning and Mr. Van Treese of Island Sales and Service on the operating cost and' service of the different makes of equipment and general discussion, Mr. Warren moved that the .low bid be.accepted and that the air conditioning and heating unit be ~nstalled in the second floor of the Central Fire Station. Following further dis- cussion Mr. Warren stated that his motion stands based on the quali- fications of the bids that were received. Nayor Sundy then surrend- ered the chair to Mr. Harbison and seconded the motion. Upon call of roll Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Harbison being oppose.d. The motion did not carry. Mr. Harbison then moved that the low bid be accepted subject to amperage being as stated by the representative of the low bidder The motion was seconded by Mr. Warren and carried unanimouslyl (See 'Amendment to the above paragraph on Page 225. ) City Clerk Worthing informed the Council of a request for water extension outside the city limits from Mr. Alfons Bach for a 200-foot extension from an existing 6" water main at the intersection of N.E. 8th Street and Palm Trail to serve proposed apartment buildings in Palm Trail Plaza. Since this is an industrial use and according to the city's policy in such matt?rs, it must be acted upon by the Council. The Director of Publzc Works' memorandum states that there is sufficient, surplus of'water at this ppint to take care of the re- quested service; however, if and when thxs area' is eventually annexed into the city, and fire protection is requested, the system will hav~ to be strengthened by tying in the 6" water main running down Palm Trail with a larger main further south. Mr. Bach agrees to pay all costs of this 200-foot water main extension. It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously carried that the request be granted. City Clerk Worthing informed the Council of petitions received, signed by property owners, concerning the opening, grading and paving of N. W. 7th Avenue from Atlantic Avenue to tst Street and S. W. 7th Avenue from Atlantic Avenue to 2nd Street, and also stated that the Council may want to consider including one' more block to the north from N. W. 1st to 2nd Street on ?th Avenue, but since the Director of Public Works had somewhat improved that right-of-way during the past year it may be determined that further improvement thereof is not needed at this time. It is recommended that the petitions be re- ferred to the Director of Public Works for his review and recommenda- tions to the council not later than the next regular meeting, also that the block to the north be studied at the same time. Mr. Harbison moved that this item be referred to the Director of Public Works for study and recommendation. Motion was seconded by Mr. Warren and carried unanimous ly. On August 8th, Resolution No. 1267 was passed and adopted, ordering the construction of a sidewalk on a part of N. E. 8th Street and part of N. E. 8th Avenue. Legal advertisement thereof provided for a public hearing to be held this evening for the purpose of allow- ing any owner of property abutting thereon to object. There being no objections, Resolution No. 1268 was in order to be read: AUGUST 22nd, 1960. RE~OLUTION NO. 1~68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PRO- co.s c=o A SIDE O? NORTHEAST EIGHTH STREET BETWEEN NORTHEAST SEVENTH AND EIGHTH AVENUES: ALSO ON THE EAST SIDE OF NORTMEA~T EIGHTH AVENUE BETWEEN NORTH- F~k~T SEVENTH AND EIGHTH STREETS. ' WHEREhS, the City Council of the City of Delray Beach, Florida, did, on the 8th day of August, 1960, determin.e to proceed with the construction of a sidewalk on the South szde of Northeast Eighth Street between Northeast Seventh and Eighth Avenues; also on the East side of Northeast Eighth Avenue between Northeast Seventh and Eighth Streets, and WHEREAS, the resolution providing' therefor has been .duly published as required by the City Charter, together with a notzce that objections to said improvement would be heard, and WHERe, no sufficient objections have been made to such proposed improvement, NO~, 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 construction of a sidewalk on the South side of Northeast. Eighth Street between Northeast Seventh and Eighth Avenues; also on the East side of Northeast Eighth Avenue between Northeast Seventh and Eighth Streets, 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 inspection of the public. PASSED In regular session on this the 22nd day of August, 1960. ATTEST: It was moved by Mr. Warren, seconded by Mr. Harbison and unanimously carried to adopt Resolution No. 1268. AUGUST 22nd, 1960. City Clerk Worthing then read ORDINANCE NO. G-365. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 23-2 OF THE CITY'S CODE OF 0RDI- NANCES, PERTAINING TO THE NUMBERING OF BUILDINGS AND STRUCTURES. WHEREAS, the City Council of the 'City of Delray Beach deems it to be in the best interests of the City that the numbering ordi- nance be amended to facilitate the renumbering of buildings and structures in the City in accordance with a master plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That Section 23-2 of the Code of Ordinances of the City of Delray Beach be amended to read as follows: "Sec. 23-2 Numbering of buildings and structures. (a) Any building located on property lying adjacent to the avenues (except Atlantic Avenue) in the city and which face east, shall have even numbers and any such buildings facing west shall have odd numbers; any building located on property lying adjacent to streets or other roadways including Atlantic Avenue, in the city, and facing north have even numbers; and any such building facing south shall have odd numbers. (b) Any avenue, street, road, lane, alley-way, court, terrace, boulevard or other roadway running in a diagonal direction from the focal point, as set forth in section 23-1 hereof, shall have even numbers on the southerly side of such avenue, street, road, lane, alley-way, court, terrace, boulevard or other roadway, and shall have odd numbers on the northerly.side of such avenue, street, road, lane, alley-way, court, terrace, boulevard or other roadway. (c) Using the dividing lines of SwintOn Avenue and Atlantic Avenue n~mbers of buildings in each section, as specified in section 1 hereof, located in the city shall start with number 1 for the first twenty-five feet, and shall have the next higher number (odd or even as the case may be) for each additional twenty-five feet going away from the focal point; at each block intersection thereafter going away from the focal point, building numbers shall be the sum of one for the first twenty-five feet and shall have the next higher number (odd or even as the case may be) for each additional twenty-five feet plus one hundred for each grid intersection; that numbers increase by 100 when the grid system would pass that point if extended. (d) Any buildings located in the rear of any other building which faces an avenue, street, road, lane, alley-way, court, terrace, boulevard or other roadway shall take the number of the front building and add one-half. (Ord. No. G-75, Sec. 2-5, 5-2~-49.) (e) Within any business district a location number shall be given each twelve and one-half feet by the building inspector. (Ord. G-202, Sec. l, 2-8-55.) (f) Numbering East of the Inland Waterway shall begin with the number 1000 at Venetian Drive. At Seabreeze and Gleason, the numbers will run from llO0 to Andrews Avenue on the North and Bronson Street on the South of Atlantic Avenue, From these points to the Ocean the numbers shall run from 1200." PASSED AND ADOPTED on the 22nd da~ o~f August, 1~960. £/ ATTEST: ' MaYor ' City' 01erk : - ............ First Reading August 8th, 1960. Second Reading August 22nd, 1960. 219 AUGUST 22nd, 1960. There being no objections to Ordinance No. G-365 it was moved by Mr. Warren, seconded by Mr. Harbison and unanimously ca, tied to adopt said ordinance on this second and final reading. City Clerk Worthing then read ORDINANCE NO. G-366. AN ORDINANCE OF THE CITY COUNCIL RELATING TO ALCOHOLIC BEVERAGES: AMENDING SECTION 4-5 AND 4-? OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE SALE OF LIQUOR IN THE EAST HALF OF BLOCK 82 OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section !. That Section 4-5 of the Code of Ordinances of the City of Delray Beach, Florida, be amended by adding the following provision, to-wit: "And also except that portion of the City of Delray Beach, Florida, described as follows, to-wit: THE EAST HALF OF BLOCK 82 OF THE CITY OF DELRAY BEACH, FLORIDA." Section 2. That Section 4-? of the Code of Ordinances of the City of 'D~e'~'ay"~each, Florida, be and the same is hereby amended to read as follows: "No intoxicating liquors shall be sold in any place of business or establishment in the above described territory unless the main en- trance to said place of business or establishment is located on Atlantic Avenue or on Ocean Boulevard or on N. E. 8th Street or on East 6th Avenue (Federal Highway) or on N. E. 2nd Avenue between N.E. 2nd Str. and N. E. 3rd Street or on N. E, 3rd Avenue between N. E. 2nd Street and N. E. 3rd Street of the City of Delray Beach, Florida. In that portion of the above territory lying west of the Intracoastal Canal, not more than one such place of business or establishment shall be licensed within any one Block. After such license has been issued for conducting such place of business or establishment in any one block on either Atlantic Avenue or N. E, 8th Street or East 6th Avenue (Federal Highway) or on N. E. 2nd Avenue between N. E. 2nd Street and N. E. 3rd Street or on N. E. 3rd Avenue between N. E. 2nd Street and N. E. 3rd ~treet of the City of Delray Beach, Florida, no license shall be issued for the sale of intoxicating liquor in any place of business or establishment in the block immediately across on either Atlantic Avenue or N. E. 8th Street or 6th Avenue (Federal Highway) or N. E. 2nd Avenue between N. E. 2nd Street and N. E. 3rd Street or N. E. 3rd Avenue between N. E. 2nd Street and N. E. 3~d Street in the City of Delray Beach, Florida, from the bloCk in which the sale of intoxicating liquor has already been licensed. No.in- toxicating liquor shall'be Sold in the abo~e described territory at any place of business, location or establishment within 300 feet of any establish'ad school or church." Sect.i.on 3.. That this ordinance is and shall be deemed sup- plemental to existing ordinances. PASSED IN REGULAR SESSION on second and final reading on this the day of a~ ~~ MAYOR ~/ ATTEST: ................. City ~e'-r ~ ~ - First Reading August 8th, 1960 Second Reading August 22nd, 1960 AUGUST 22nd, 1960. Ernest Simon, .speaking for his father Alex Simon, objected to the adoption of Ordinance N. G-366 on the grounds that ordinance amend- ments should be based on the general welfare, health and morals of the public, also that it could work a hardship case for his father who owns rental property in an existing liquor zoned area. Following general discussion Mr. Warren moved to table Ordinance No. G-366 until the next regular meeting for further consideration. The motion was seconded by Mr. Harbison and unanimously carried. City Clerk Worthing read the following proposed assessment roll which grading and paving had been ordered by the City Council: ASSESSMENT ROLL For Grading and Paving 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 dis- tance of 250 feet, to a width of 24 feet. FRONT FRONT FT. TOTAL DESCRIPT~ION_ OF PROP~ERT%~ OWN$~,R FO,,OTA, GE ASSESSMEN,T A$S'~. That portion of Lots Beach Park 250' $1.11728 $279.32 20 and 28 of Section Corporation 20-46-43 abutting on the above described portion of Southwest 10th Street R/W. That portion of Lots Moore-Hertz, Inc. 250' " $279.32 21 and 29 of Section 20-46-43 abutting on the above described portion of Southwest 10th Street R/W. 5o0i .... Resolution No. 1239. $ 27.50 Assessment Roll (est) 18.00 Ordinance Caption (est) 4.95 Graded and Paved by city forces: Labor 52.70 Equipment 6 2.45 Base Material 165.00 Asphaltic Concrete 283.20 Engineering & contingencies . 8~.50 ~ Less 20% 139.66 Cityls share of expense per Resolution No. 1239. 80% TO BE ASSESSED It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously carried to approve the assessment roll. City Clerk Worthing read the caption of ORDINANCE NO. G-367. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY FOR GRADING AND PAVING THAT PART OF SOUTHWEST TENTH STREET COMMENCING AT A POINT FIVE HUNDRED (500) FEET WESTERLY FROM THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWN- SHIP 46 SOUTH, RANGE 43 EAST AND CONTINUING WESTERLY FOR A DISTANCE OF TWO HUNDRED FIFTY (250) FEET, TO A WIDTH OF TWENTY FOUR (2~) FEET, It was moved by Mm. Harbison, seconded by Mr. Warren and unanimously carried to place Ordinance No. G-367 on first reading. AUGUBT 22nd, 1960. City Clerk Worthing read the caption of ORDINANCE NO. G-368. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED IN SECTIONS 19 and 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE ZONING AND TAXATION OF SAID LANDS AND CONDITIONS OF ANNEXATION; AND PROVIDING THE RIGHTS AND OBLIGATIONS OF SAID LANDS. It was moved by Mr. Warren, seconded by Mr. Harbison and unanimously carried to place Ordinance No. G-368 on first reading. City Clerk Worthing then read the caption of ORDINANCE NO.G-369. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REDEFINING THE SET- BACK LINE ON THAT PORTION OF N. E. EIGHTH STREET LYING BETWEEN N. E. FIFTH AVENUE AND PALM TRAIL, IN DELRAY BEACH, FLORIDA. Upon question, Mr. Worthing informed the Council that N. E. Eighth Street in that general area is 66 feet wide, 33 feet on each side of the center line and that our present code of ordinances requires a set-back of l0 feet from the front property line, this being in a business zone, making the set-back requirements 43 feet from the centerline and that the purpose of this ordinance is to redefine the method and identification of the set-back requirements but does not change the present set-back requirement of 43 feet from the centerline and will permit future construction of buildings to conform with the frontage of current buildings. It was moved by Mr. Harbison, second- ed by Mr. Warren and unanimously carried to place Ordinance No. G-369 on first reading. City Manager Mingle presented bills for approval in the amounts of: General Fund $40,290.63 Water Fund - Operating Fund 2,276 Architect Fees to Roy M. Simon 1,425.00 It was moved by Mr. Warren, seconded by Mr. Harbison and unanimously carried that these bills be paid. The meeting was adjourned at 9:30 P.M. on motion by Mr. Warren and seconded by Mm. Harbison. City Clerk APPROVED: MAYOR f AUGUST 22nd, 1960.