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01-12-59 JANUARY 12TH, 1959. A Regular Meeting of the City Council was held in the Council Chambers at 7:80 P.M., with Mayor George Talbot Jr., in the Chair, UityMa~ager W. E. Lawson Jr., City Attorney ~arry T. Newett and ~ommissloners J. LeRoy Croft, Charles H. Harbxson, Fred McNeece and George Warren being present. An opening prayer was delivered by Reverend J. W. Swanson. Mayor Talbot informed the Public and the Press that, with full support and approval of the Council Members, concerning conduct and procedure in Council action, the Chair may, on Motions made and pro- ~erly s$conded, request "Roll Call", or a "Yea or Nay" vote, or call ~or Motxon Approvai by "General Consent". The Council, on motion of Commissioner McNeece and seconded by ~ommissioner Warren, unanimously approved the Minutes of the January ~th meeting. City Manager Lawson submitted BIDS having been received to provide ~ity insurance coverage for the calendar year 1989, tabulation of ~bich follows; ,~e~p.e of Co~erage pl~stridge Lipscom~ Gwacey-Brq. Amli.__~n Weeks C~.Gen'l. Liab. NO BID NO BID NO BID NO BID cl. Products 4320.31 Excl. Products ~orkmen's Comp. N.B. N.B. N.B. 8202.55 N.B. ~.m~.. Gutomobile N.B. N.B. N.B. ' ' ~ N.B. L~abxlity 2154.88 Fire,Theft,Comp. ~uipment Floater Full Coverage 1598.00 1118.40 N.B. $100 Deductible 932.00 932.00 $200 Deductible 1211.60 Full Coverage 932.00 745.60 $100 Deductible 466.00 $50 Deductible 1116.40 ~ter Towers Ail Risks Full Coverage 2089.25 1666.47 1233.12 N.B. N.B. Ail Risks except Subsidence & Collapse 1321,20 Add for Collapse Add for Subsidence with $1000. Ded. ~lanket ~mployees Bond (10,000) Honesty Bond One Year N.B. 252.72 266.29 187.52 248.72 Three Years ~69'11 668.62 S95.80 609.06 Faithful Performance One Year 267.80 398.43 394.17 286.28 375.75 Three Year 668.25 996.88 985.43 ~90,70 939.00 ~reasurer's Bond (50,000) Faithful Perf. One Year ~75.00 500.00 500.00 $50.00 500.00 Three Years 1012.00 1380.00 1380.00 ~ 1350.00 On motion of Commissioner Croft and seconded by Commissioner ~cNeece, the Council unanimously approved the recommendation of the ~ityManager and authorized Insurance Coverage being placed with the ~ompanies and at the Costs Shown Above as indicated by the Manager's ~nderlined items of coverage. City Manager Lawson reviewed the procedure for appointment of the various Commit. tees to serve the Council and th.e City of Delray Beach for the coming year an.~ the Council, on motion of Commissioner McNeece and seconded by Co~m~ssio.ner Warren, desired this matter be tabled for further study and conszderation. The City Manager then presented a request from the former Com- missioner Dugal G. Campbell - "That the Mayor be elected by direct vote of the people, and fo!~ lowing such procedure, that on the odd numbered years, and at the same time as is now provided for .our municipal electi.ons, that rather than elect three members of the C~ty Council, or CommAssion, that two such be elected and in addition a Mayor, who will be elected for a . two year term and from only those who declared for the position. Fur thor, no one shall serve more than two consecutive terms, but may be re-elected following at least a two.year period out of office." Commissioner Warren expressed wltli.ngness t.o study thi. s .ma. tter and submit a proposed Charter change, with possible ramifications, to the Council. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council approved C.ommissioner ~'~arren sp. onsoring such proposed Charter Change concerning method of providing the City of Delray Beach with its Mayor. Mrs. Anne Pfundston appeared before the Council seeking devia- tion approval from the Council which might pe.rmit her to cause to be erected a Sisn on the Hampton Apartment Buil.dxng located on 702 Sth Avenue, xn as much as a permit for such ~nstallation had been de- nied her by the Inspection Department. Mrs. Pfundston further stated that the sign had been c~on. structed pti.or to .app.lying for a permit to install such sign. The Cxty Manager, ~n revxew~ng Mrs. Pfundston's request for permit, informed the Council that such permit was not issued due to the fact that such installation was in violation of Ordinance No. G-29S, relating to Signs, which Ordinance was Passed and Adopted on July 14th, 1988. Commissioner McNeece moved that Mrs. Pfundston's request for such deviation from Ordinance No. G-29S be denied. Motion seconded $Commissioner Harbison and upon Call of Roll the Council unanimous- agreed on denial of said deviation request. City Manager Lawson then read Resolution No. 1160: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROPOSING TO SELL ONE SUR- PLUS DODGE 1981 POWER V~AGON TO THE TRUSTEES OF DEL-TRAIL VOLUNTEER FIRE DEPARTMENT; AND DIRECT' ING THE CLERK TO GIVE NOTICE THEREOF BY ADVER- TISEMENT. The Council, on motion of Commissioner Harbison and seconded by Commissioner Warren, unanimously agreed on the Adoption of Resolu- tigon No. ll60~spresented and read by the City.)Manager. (See Page 11 A for Copy of Resolution No. 1160 Resolution No. 1161 was then read by City _.~,~nager Lawson: A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA , REQUIRING PLANS, SPECI- FICATIONS ~ND ESTIMATE OF COST TO CLEAR, GRADE AND PAVE, TO A ~IDTH OF ~ENTY-FOUR (24) FEET, A THIRTY (80) FOOT STRIP LYING BETWEEN S.E. 2ND and SRD STREETS, BOUNDED ON THE ~EST BY LOT 1 & LOTS 18 THRU 2S INCLUSIVE IN BLOCK ?9, AND ON THE EAST BY THE ~'~ESTERLY R/W LINE OF THE F.E.C. RAILROAD RIGHT-OF-WAY. The Council, on motion of Commissioner Croft and seconded by Commissioner McNeece, unanimously approved Adoption of Resolution No. 1161 as presented and read by the City Manager. (See Page ll-B for Copy of Resolution No. 1161) ! City Manager Lawson then read RESOLUTION NO. 1162: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORID4 ORDERING THE CONSTRUCTION OF STOPJ/t DRAINS IN SECTION "N" AS SHO~:~N ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868, TOGETHER ~'vITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION ~ITH SUCH STORM DRAllIS. On motion of Commissioner McNeece and secOnded by Commissioner Croft, the Council unanimously passed, for Adoption, Resolution No. 1162 as presented and read by the City Manager. (See Pages IO-C,IO-D & IO-E for copy oF Resolution No. 1162.) The Council, on motion of Commissioner V~arren and seconded by Commissioner Harbison, expressed its deep appreciation to City Mana- ger Lawson and his staff for the satisfactory manner in which fin~i clearance of all debris in connection with the many drainage projects in the Seagate area has been accomplished and highly commended the City Manager for his efforts which made this possible. City Manager Lawson then read RESOLUTION NO. 1164: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLA., COMMENDING COL. ANDR~ L. FABENS FOR OUTSTANDING SERVICE AS CHAIR- MAN OF THE PLANNING & ZONING BOARD. The Council unanimously approved Adoption of Resolution No. 1164, upon motion of Commissioner Croft and seconded by Commissioner Warren. (see Page lO-F fo~ copy of Resolution No. 1164.) Col. Fabens thanked the Council for the many courtesies extended him and the Planning & Zoning Board and further expressed extreme pleasure for h~.vi.n$ served on the .Board as its Chairman as well as for the congeniality and co-operat~on of all Board Members. .The City Manager read the following letter from the Planning and Zoning Board, dated Jan. 8th, 1~8~: "In as much as the City Charter and ordinances set up a zoning comm~ssioner of five and a planning board of seven, and as the mem- bers are considering further division into sub-committees to expe- dite investigations and reports, the following set-up for 1~$~ is recommended. City planning Board Zoni Commission Paul S. Knowles, Chairman Andrew L. Fabens, Chairma n Andrew L. Fabens, Vice-Ch'n. Richard T. Hanna Richard T. Hanna Kenneth Jacobson Kenneth Jacobson L. S. Lankton Paul S. Knowles James I. Sinks James I. Sinks Robert Totterdale ~ ~" 'If this is satisfactory to the City Co_remission, the letters of appointment will be reviewed, and as in the case of Mr. Lankton, who has indicated his willingness to be dropped from the Zoning Commis- sion and retained on the Planning Board, revised letters of appoint- ment will be recommended." /S/ ANDRE~; L. FABENS, Chairman At the suggestion of Col. Fabens and Mr. Paul Knowles, and due to a meeting or,he Planning & Zoning Board members on %~ednesday evening of this week for further consideration of sub-committee division, no' action was taken by the Council pending Report of the coming meeting. City Manager Lawson read Resolution No. 1165: A RESOLUTION OF THE CITY OF DELRAY BEACH COUNCIL ACCEPTING RIGHT-OF-WAY DEEDS AND AGREEING TO DEDI- CATE LANDS IN SECTION 18, TOV/NSHIP 46 SOUTH, RANGE 43 EAST FOR PUBLIC HIGHWAY PURPOSES, PROVIDED SUCH HIGHWAY IS CONSTRUCTED ¥IITHIN ONE YEAR. On motion of Commissioner Harbison and seco. nded by Commis. sioner Warren, the Council ~unanimously app.roved Adoption of Resolution No. 1165 as presented an_~ read by the C~ty Manager. (See Pages iO-G & 10 H for copy of Resolution No. 1165.) The Ci.ty Manager then read the following "REPORTS" from the Plan- ning & Zonxng Board: 1. RE: Proposed annexation of Glenn-Moore-Hertz & Kabler lan~s. "At the December 22nd meeting, the request of Glenn-Moore-Hertz a~n.~ M~. John N. ~.bler Jr., for annexation of approximately 28 acres which abuts the cxty on the south and Route 9 on the west, was re- ferred to the Planning & Zon~ Board. . ~hile their request specxf~ed that it should be zoned 'ind~trxa.l'~ after a conference with our board today, they have agreed to C 2 zon C-2 known as General Commercial permits uses designated as C-l, R-3 and all the higher classes of residential zoning. It does not permit C-3, the classification which allows wholesale distribution and light industries. They are as interested as the planning board in prov. iding .for the future extension of Germantown Road westward and will g~ve thexr share of land for Section 29-2 ($) of the Code provides that territory annexed shall be classified L~ the R-l-AA zone until otherwise changed by ordinance., as a matter of assurance to the owners, it would seem that the ordi- nance of annexation and that of zoning could be combined or passed simultaneously. Our board recommends annexation as above, after other factors outside our jurisdiction have been arranged." On motion of C.~o?issi.oner Warren and seconded by Com.m~ssioner McNeece, the Council unanxmously agreed that due to the ~mportance and nature of this pr.oposal for annexation the matter be tabled for further study ~nd revxew by the Council in conjunction with the Zoning Board. 2. RE: Letter about use of R-$ lots for Parking, Totterdale Devel. Inc., Dec. 12th, 1958. "REFERENC~ is made to our letter of December 17th, 1958, which was referre~ to the City Attorney for an opinion. As he made the poin~ that 'Parking Lots' are not one of the per- mitred uses of R-$ districts, we revise our recommendation as follows; If Totterdale Development, Inc., sells certain R-$ lots facing The Barrington Apartments across Route A-l-A, it is reco~mmended that a variance be granted the latter to use these lots or lot for park- ing in connection with their apartment business." /S/ Andrew L. Fabens, Chairman Commissioner Harbison expressed his feeling that allowance of such a parki.ng lot in a potential high-grade residential area would be very detrxmental thereto, and, further, procedure for consideration is definitely a 'Deviation Request'. City Attorney Newett referred to. Ordinance No. G-234, Page 9, as concerns 'USES P. ER~ITTED' in R-3, which does not prohibit the paving of a lot but neither does it permit the Use of such lot for a Parking Lot, ~nd further cited the fact that such reque, st is for pro.vi.ding a parking lot for a multiple dwelling lying outside the City lxmts. 4 Commissioner Warren moved that the 'Request' of Totterdale Devel- opment, Inc., .for 'Parking Lot' permissive use on Lots 23 and 24, of Del-Harbour S/D, be denied with the understanding,.however, that at such time as the Barrington Apartment property might become a part of the City of Delray Beach, by annexation, consideration would be given a 'Deviation' Request for parking lot pro¥ision on the hereinabove described lands. Motion seconded by Commissioner McNeece and upon Call of Roll - the Council unanimously agreed. City Manager Lawson then read the final transmittal from the Planning & Zoning Board, dated Jan. 9th: "Our board at a public hearing today, heard the arguments for and against four petitions, namely those of - Forrest W., & Bess D. V~eaver, Vincent H. Palisano, Richard T. Hanna, Nell E. MacMillan. Our recommendations will be presented to you at your meeting on January 26th." /S/ Andrew L. Fabens, Chairman. On motion of Commissioner McNeece and seconded by Commissioner Warren, the Council unanimously accepted the 'Report' and deferment by the Planning & Zoning Board. The Council, on motion of Commissioner Croft and seconded by COm- missioner Harbison, unanimously approved p~yment of Bills in the a- mount of $89,865.48, as submitted by the C~ty Manager, subject to the approval of the Finance Committee. On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Council approved the granting of 'Request' from Mr. E. E. Brown for re-locat~ng.a small utility shed from the property at the · corner of East Atlantic Avenue and S.E. 7th Avenue to 32 S.E. 1st Ave., and to be located at the rear of ~m. Brown's residence at said 32 S.E~ 1st Avenue, subject to approval by the Building Inspector. Col. Andrew L. Fabens informed the Council that some Gulf Stream citizens had approached him concerning possible combined efforts of Gulf Stream and Delray Beach concerning acquisition of Natural Gas Pipe Line franchise. ~ollo~.ing.a general discussion of this subject matter and the many possible implications involved, the Mayor suggested that Col. Fabens advise the ~nterested parties who contacted Him that the City of Del- ray Beach would be glad to work with Gulf Stream, in this regard, to the best interests of all concerned. Mayor Talbot then stated that the Council wishes to advise the public it has determined that NO action will be taken on Public Re- quests from the floor following the Agenda as has been practiced in he past, but that such requests would be accepted ONLY for considera- tion at a future meeting. Any Public Request, on which its creator desires consideration at a given Council Meeting, should file such re- quest with the CityManager prior to said meeting. The Mayor further stated that this determination of the Council had been made in the hopes of encouraging more people to attend the Council meetings and to expedite Council procedure. Dr. W. C. ~illiams, III, appeared before the Council requesting consideration for pe.rmission to construct dwellings in ~illiams S/D, which lies in the NW~ of Lot 7, Sec. 18-48-43. This area is within C-S zoned lands which does not permit a dwelling to be constructed, and Dr. ~illiams was advised to follow the only legal procedure for such issue, n~mely, submit a 'Request',.in writing, for Zoning Change of said described land which would permit D~ell~ng construction there- in, such Request to be accompanied by a remittance of $15.00. City Nanager Lawson submitted the following Zoning Change "Re- uests" - t~ Jay P.' Callaway RE: Lot 4 & N~ of Lot 5, Block 27: 2. 0. D. Priest Sr ~ RE: Blocks 4 and 7, Atlantic Gardens: (Atlantic Pa~k Gard%ns) The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, unanimously agreed on referral of the above Zoning Change Requests to the Planning & Zoning Board for study and procedure in compliance with Ordinance' No. G-$65. The City Manager submitted bids received from Puckett & Puckett, Inc., and Aerial Surveys, Inc., for furnishing certain Aerial Topo- graphical Mosaics of approximately 25 Sections in this area. On motion of Commissioner Harbison and seconded by Ce,w,~ssioner McNeece, the Council unanimously agreed on deferring any action on consideration of Aerial Photo bids until Mr. George ' Simons Jr., is in the city for consultation with the Planning & Zoning Board. The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, unanimously agreed that the 'Request' of Mr. John H. Adams, contained in letter dated Jan. 9th, 1959, concerning the City dedicating a R/W across the North portion of the N.W.Quarter of Lot S,.Section 18-46--45, to provide future access to the. N.E.Quar- ter of sazd Lot $, Sec. 18-46-48, be tabled until next regular meet- ing of the Council, to allow t~me for study of the request. The City Manager informed the Council of the coming Meeting to be held at the George Washington Hotel on February 21st and 22md, by the Florida League' of Municipalities, and urged the attendance of all those possible. The .City Manager further advised the coUncil of the Maeting~ to. be held zn the Council Chambers, on February 2?th, at 1:$0 P.M., wzth Senator Dickinson and Representatives Blank and Robe~rts to be in at- tendance for the purpose of conducting the Legislative Clinic, and was requested, by the Council, to assemble the many items referred to lng the past several months as needing possible Charter Change, and to prepare a list o.f any and all such items for consideration and pre- sentation at the Clznic. Mayor Talbot requested that all future Public Requests be limited, in their presentation, to three ($) minutes.