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12-05-60 DECEMBER 5th, 1960. A regular meeting of the City Council of Delray Beach 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 Dugal G. Campbell, Charles H. Harbison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by Councilman Charles H. Harbison~ On motion by Mr. Thayer, seconded by Mr. Campbell and unanimously carried the minutes of the special meeting of November 23rd, 1960 and the regular meeting of November 28th, 1960 were approved. Mr. Worthing informed the Council that Mr. Felix M. Orlandella, Manager of the Mayfair Manor Hotel, is requesting a beer and liquor license, also that in view of the restaurant addition which provides for a seating capacity in excess of 200 and a floor space of 4,254 square feet, makes this license of the non-quota variety and of mandatory issuance, also that the application had been examined in the usual manner and approved by all departments concerned. Mr. Harbison moved that the license be allowed as a permissive use where- by it will not require any zoning change. The motion was seconded by Mr. Thayer and unanimously carried. Mr. Worthing then read the following request from the Mayfair Manor Hotel, dated December 1st and signed by Mr. Felix M. Orlandella: "Request is hereby made for the extension of boundaries permitting sale of liquor in Delray Beach to include Lots i and 2, Block K, and Lot 5, Block L, Reid's Village, upon which is located the Mayfair Manor Hotel and Restaurant (seating capacity of restaurant exceeds 200). "Attached is application to dispense liquor on premises above described." Mr. Worthing informed the~ Council that' in Order for a liquor license to function at the Mayfair Manor Hotel, it would be necessary for them to approve that area for the sale of liquor. Following general discussion it was moved by Mr. Harblson, seconded by Mr. Thayer a~ud unanimously carried to rescind the action taken in the preceding motion concerning said liquor license. Mr. Harbison then moved that said license be granted and that the area covered by the May~fair Manor Hotel and Restaurant, Lots 1 and 2, Block K, and Lot 5, Block L, Reid,s Village, be included in the zone for liquor sales. The motion was seconded by Mr. Thayer and carried unanimously. Mr. Worthing informed the Council that the following bids had been received for fencing the remaining~portion of the tennis courts fronting on Atlantic Avenue, amounting to 562 feet of 12-foot fencing and that it had been recommended by the Director of Recreation and the City Manager that award be made to the low bidder: Chastain Fence Co., Inc. $ 1,Sl~.O0 Edwin Wilson & Company 1,620.00 Service Iron, Inc. 1,750.00 It was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously- carried that the award be made to the low bidder. City Manager Mingle read the following letter from the Delray Beach Chamber of Commerce, dated December 2, 1960: "The Delray Beach Chamber of Commerce respectfully requests permissive use to locate the Chamber of Commerce building on the city owned south 25' of lot 17, Block lO1 as outlined on the enclosed map. "Written for the Board of Directors. /s/ Kenneth C. Ellingsworth" 12-5..6o DECEMBER ~th, 1960. It was moved by Mr. Campbell, seconded by Mr. Warren and unanimously carried that this request be granted and that the Chamber of Commerce notify the City Manager's Office as to the possible date that they would want to make the change. Mr. ~Worthing informed the Council that a petition had been re- ceived from owners of various properties abutting on that part of S. W. 3rd Avenue lying between 1st and P_nd Streets, requesting that same be opened, graded and paved and expressed their willingness to sha~e in the cost thereof. Mr. Worthing also stated that the footage involved-is approximately 1224 feet of which the City owns 304 feet and that the signePs of the petition exceed fifty percent of the balance. It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried to grant said request on the basis of the property owners paying 80% and the City paying 20% of the cost. Mr. Worthing inf. ormed the Council that a petition had been re- ceived from owners of properties on S. W. 9th Avenue requesting the opening, grading and paving of that portion lying between Atlantic Avenue and S. W. 2nd Street, agreeing to share in the cost thereof, however the signers of the petition represent only about 29% of the abutting property owners. Following discussion, Mr. Harbison moved that said petition be referred back to the petitioners with the re~ quest that they solicit, with the City,s help, pa~rt~i~cip~tion of other abutting property owners. The motion was seconcec oy Mr. Thayer unanimously carried. Mr. Worthing read the following petition which had 5A signatures: "We, the undersigned property owners, respectfully request the City Commission to take such steps as are necessary to dis- continue the Beach Pirnic Area, and have the benches, tables, ~nd grilles removed du~ing the Tourist season. Our reasons for this request are as follows: "1. Though there are comparitively few winter visitors here at the present time, complaints have already been received regarding the untidiness of that area. Several of these complaints were in direct reference to the dis- carded fish heads, etc., left by fisherman. "2. It is commonly known that many people who use our beach are from other cities than Delrey, and the picnic area will only encourage more lunches on the Beach with the resulting untidiness. "3. It is the usual practice for winter visitors to locate their cabanas in groups, and the presence of the picnic area equipment makes this difficult, if not impossible. "4. There is a possible fire-hazard from off-shore winds, with automobiles parked a scant 30-yards away and frame residents directly across the street. Automobiles have a tendency to drip gasoline and oil and wood has a propensity for burning. "Since a great part of the City taxes are derived from the area East of the Waterway. We feel that the comfort and con~ venience of our Winter residents should come first in-as~much as they make it possible for us to pay said taxes. Further more, the City has already provided a public park." Mr. Campbell moved that the matter be referred to the City Manager for further study, with the possible thought that, at the South end of the beach, the tables be moved a little closer together. The motion was seconded by Mr. Thayer and carried unanimously. Mr. Worthing informed the Council that in compliance with legal requirements, Resolution No. 1295 levying the cost of abatement of nuisances on certain lands within the City, passed and adopted on November 21st, provided that a public hearing would be held at this time for the purpose of hearing any and all objections to the assess- ments set forth therein. There being no objections to said levy of assessments, it was moved by Mr. Harbison, seconded by Mr. Warren and unanimously carried that said assessments stand confirmed. 12-5-6o DECEMBER 5th, 1960. Mr. Worthing read RESOLUTION NO. 1299. A RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORiDA, TO CONSTITUTE A NUISANCE IN VIOIATION OF CHAPTER 15 OF THE CITY CODE OF ORDINANCES. WHE~, Chapter 15 of the City Code and Ordinance No.-G-147 of the City of Delray Beach, Florida, declares all lands in the City not kept free from debris, vegetation (including trees) or other matter, which may become a danger in time of hurricane, and from weeds exceed- ing in height of 18 inches, and from filth and trash, constitute a nuisance; and WHE~, pursuant to said Ordinance, the Chief of the Fire Department of Delray Beach, Florida, has made a survey report, in writing, to the City Manager, describing certain lots or parcels of land in said City and more specifically described herein, wherein conditions such as specified in Chapter 15 of the City Code and 0rdi- nance 8-147 exist; and WHEREAS, the City Council of Delray Beach, Florida, after con- sideration of said survey report, is of the opinion that a prima facie case showing the following lands constitute a nuisance within the provisions of said Chapter 15 of the City Code and Ordinance referred to herein; NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance be, and the same is hereby declared, upon the following described lots or parcels of land for violation of the provisions of said Chapter 15 of the City Code and Ordinance G-147 as specified after each description, and the City Clerk of the City of Delray Beach, Florida, is directed to furnish the owners of each parcel of land, as hereinafter set forth, a notice in accordance with Section 6 of said Ordinance, and tha~.t the City Council will sit on the 19th day of December, 1960, at 8.00 P.M., at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any they can, why said nuisance should not be abated. OWNER ,ADDRESS LOT~BLOCK~& S/D. CITY CO~'. Vincent J. Ruth P.O. Box 1703 W 100' of E 2~4' of S~ Delray Beach, Fla. of S~ of S~ of Lot 6, Section 8.-46-43, less 25, R/w. 4 Lucile J. & Valerie P.O. Box 414 W 100' of E 454' of S~ S. Nichols Delray Beach, Fla. of S~ of S~ of Lot 6, Section 8-46-43 less N 25, 4 Cornelia R. 1404 N. SwintOn Ave.W 75~ of S~ of NE¼ of Thompson Delray Beach, Fla. Lot 7, Section 8-46-43, less W 200~ & less E 33' R/W. 3&4 John & Caroline 109 N. E. 8th St. South Vacant part of Van Ballegoolen Delray Beach, Fla. S 150' lying East of F.E.C.RR., Block 80. 4 John & Charlotte 703 S. E. 9th St. Lot 24, Block 4, Kiel Delray Beach, Fla. Rio Del Rey Shores 4 Oscar B. Sabin P. 0. Box 93 Lots 38 & 39, Block 7, Tavernier, Fla. 0sceola Park 4 Florence A. Brown Candlewood Isle Lots 16 & 17, Block 13, New Fairfield, Conn. 0sceola Park 4 M~s. Tillie ~ 7401 W. Eight Mile Rd. Lots 18 & 19, Block 13, Goldberg Detroit 21, Mich. Osceola Park 4 12-5-60 DECEMBER 5th, 1960. QWNm ADDR~.ES8 LOT.BLOCK & SLD.. CITY.,C.O,,D.E, Richard W. & Anna 711 Shore Drive Lots 9 & 11, Block 1, E. Nelson Boynton Beach,Fla. Seagate Extension 4 PASSED AND ADOPTED in regular session this 5th day of December, 1960. It was moved by Mr. Warren, seconded by Mr. Campbell and unani- mously carried that Resolution No. 1299 be adopted. City Clerk Worthing read the following Planning Board Report dated NovemBer ~0th and si~ned by Chairman Paul S. Knowles: "The regular meeting of the Planning and Zoning Board was held on Nov. 25, 1980. "The final plat of Delray Beach Highlands was submitted to the Board for final approval. This property has been platted by Mr. Roy Ca lamia. "Ail changes and recommendations requested by Mr· Fleming, city Engineer appeared to have been incorporated and the plans all appeared to be in good order. "The Board voted unanimously that the plat be duly signed by our chairman and my signature was attached thereto." Mr Worthing informed the Council that on November ?th they sustazne~ the recommendation of the Planning Board and approved the preliminary plat of Delray Beach Highlands subject to the subdividers amendments thereto reflecting the recommendatzons of the Director of Public Works. The final plat having been approved by the Planning Board as reflected in its report of NovemBer 80th is submitted for Council t.entative approval as final approval should be deferred until such tzme as either all required improvements, as called for in ~ur . SuBdivision Ordinance G-285, or a surety bond, acceptable to the City, and conditioned to secure the construction of such i.mprovements as required by said ordinance, whichever event occurs fxrst, has been effected, such surety Bond should be filed with the Council and so conditioned to secure the construction of the improvements required and within a period to be specified by the Council, and not to exceed one year; also that the bond should be in an amount at least equal to the cost of construction of the necessary improvements as es±i- mated by the Director of Public Works. It was moved hy Mr. Thayer and seconded by Mr. Warren to tentatively approve the final, plat of Delray Beach Highlands. Upon call of roll, Mr. Harhison, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion and Campbell abstained from voting, City Manager Mingle presented bills for approval as follows: General Fund $ 83,500.70 .. Water Fund - Operating Fund 9.,131.10 It was moved by }4r. Harbison, seconded by ~r. Thayer and unanimously carried that the bills be paid. An application was presented for a beer license, consumption on the premises, from Mrs. }~abes R. Anderson, operator of the Delrest Inn Restaurant, It was moved by l~r. Thayer, seconded by Mr.~ Campbell, and unanimously carried that the request for said beer license be approved. On November 28th, Mr. Harbison, Mr. Warren, and Mr. Campbell were appointed as a committee to study and report concerning Mrs. Robert McLaughlin's request to pave, at her expense, a ~5-fo. ot right-of-way south of her property at 24-26 Marine Way. }~r. Harbzson reported that the committee had met and studied ~he situation and could see no harm in allowing Hfs. McLaughlin to pave said right-of-way as far as the back of her property. Mr. Harbison then moved that ~rs. }~cLaughlin be allowed to pave said portion of the Z$-foot 4 12-5-60 DECEMBER 5th, 1960. right-of-way, at her own expense, according to the specifications of the City and under the supervision of the Engineering Department. The motion was seconded by Mr. Thayer. Following lengthy discussion and comments, and upon call of roll, Mr. Harbison, Mr. Thayer, and Mayor Sundy voted in favor of the motion, ~&r. Campbell and Mr. Warren Being opposed. Mr. Campbell asked that a report from Mr. Jacohson and Mr. Simon he made through the City Manager at the next regular meeting, giving information as to construction progress on the City Hall and the Community Center. Mr. Campbell expressed the desire to take exception to state- ments in an article recently carried in the Miami Herald, indicating that the present City Council has failed to delegate proper public relations and general administrative authority to the City Hanag~r. Mr. Campbell challenged the statement and asked that, in all fairness, the same publicity he given to the challenge, as he is certain that Mr. Mingle has not had his hands tied in any manner by the council. The meeting adjourned at 9:15 P.M. on motion By Mr. Warren. /s! R D, ..Worthin~ -City Clerk APPROVED: 5 12-5-60 DECEMBER 5th, 1960.