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02-09-59 FEBRUARY 9TH, 1959. A Regular Meeting of.the City Council was held in the Council Chambers at 7:30 P.M., wxth Mayor George Talbot Jr., in the Chair, City Nenager Ye. E. Lawson Jr., City Attorney Harry T. Newett and Com- missioners J. 'LeRoy Croft, Charles H. Harbison and George V. Warren being present. An opening prayer was delivered by Commissioner Charles Harbison. The Council, by general consent, unanimously approved the Minutes 'for the January 26th Meeting. Mr. Ray Roberts, Mm. L' C. Smythe and Mr. Coleman of the Florida Public Utilities Company were present and desired submitting a pro- posal for consideration, concerning a Franchise for Natural Gas Dis- tribution in this area, and informed the Council of the time element and its importance to assure the Delray Beach area of a satisfactory allocation and supply of natural gas. The Florida Public Utilities, through Mr. Roberts, further advised, however, that said Company had already provided for a reasonable allocation of Gas for this immediate area, and, it being their belief that allocations had been closed wit.h the controlling Federal Agency, that they alone might be the only pub lic utility service a. ble to furnish the natural g.as suuply to this a- rea, and have longslnce com.~leted their f.easibillty Report. City Manager Lawson info~med the Councxl that Mr. Aldrich, an of- ficial of the Natural Gas Corp of Pompano, also had contacted him and expressed a desire to submit a proposal for such Franchise, for con- sideration b.v the Council. . Florida ~ublic Utilities representatives were informed by the Mayor that the City Manager would notify them when the Council de- sires to consider proposals for a Natural Gas Franchise to provide this immediate area with natural gas pipe line supply. Commissioner ~arren moved that, in view of the prior Council's action as reflecte.d in Eme.rgency Ordinance No. G-207, prohibiting con- struction or erection of F~lling Stations and Service Garages along Atlantic Avenue between Ocean-Boulevard on the East and Second Avenue on the West of Swinton Avenue, the request of Att'y. J. A. Plisco, . on behalf of Mm. ~V. H. Beebo, owner of Lots 1 & 2, Block 53, for per missive use of said lands for a filling sta.tion be denied. The motion was seconded by Commissioner Croft and unanimously approved by the Council. Mr. Paul Bander informed the Council that he had been advised, by phone conversation with Mr. Johnson concerning the water and sewer a- greements being considered between the City of Delta y Beach and Tro- pic Palms, that the tentative proposa. 1, b.ased on the r.ecommendations of Smith & Gillespie, Chapman & Cutler (Bonding Attorneys) and the Fiscal Agents representative - Mr. C. T. McCreedy, is being studied and fur- ther word from Mr. Henry J. Mellon and his associates, concerning this proposal should be forthcoming in a few days. Mm. Bander inquired if the three recommended conditions of proposal were final, and, if ac- cepted, would the.re be any further delay in execution of such agree- ment, and was advised by Mayor Talbot that the Cot, ncil would be guided by the City's.legal counsel and fiscal agent's advice. The Council requested City At.torneY Harry Newett to contact Mr. Mellon's legal counsel and assocxate, Att'y. ¥~m. Grimditch, and pre- pare a Contract, incorporating the terms and conditions of the three recommendations provided by Smith & Gillespie, Chapman & Cutler and Mr. C. T. McCreedy. The Council requested City Manager Lawson to arrange a Special Meeting for consideration of any and all matters pertaining to 'Local Bills' desired to be Presented to the 1959 State Legislative Body,' thru the Legislative Clinic which convenes at 9:30 A.M., Feb. 27th. FEBRUA1TE 9th, 1959 . City Manager Lawson reminded the Council of the recent meeting with the County Commission, in West Palm Beach, at which meeting no official action was taken on the five subjects discussed: 1. Lake Ida annexation and deed of certain lands. 2. N.W. 4th Street - Limited Access.possibilities. 3. Proposed $.W. 10th Street extension. 4. Improvements to Swint oh Avenue. 5. Improvements to U. S. Highway ~1 -When? and the fact that the .County Commission requested that separate let- ters be made, by the C~t.y of Delra. y. Beaqh, on each subject in order that they could be considered individually. On motion of Commissioner Croft and seconded by Co~_ssioner Hat- bison, the Council unanim.ously ap. proved requesting .annexation of cer- lands, now County owned, zn Section 8-48-48, and lyzng Nor. th, South and East of Lake Ida, for future Water Supply and Recreational Center facilities, and further requested the Cit~ Manager to provide such Letter of Request. Concerning Item ~2, the Council, on motion of Commissioner Harbi- son and seconded by Commissioner Croft, agreed that same be tabled for further study and considerati, on prior to any request, relative there- to, being forwarded to the County Commission. Wit.h regard to Item ~$, Mr. Pa.ul Knowles, Chairman of the Ptanning Board, ~nformed the Council of having discussed with Er. Nellon,~ of Tropic Palms, and other interested parties, concerning proposed ex.- tension of S.W. 10th Street westward, which should be correlated w~th resently ?lanned future development of the ge. neral area, and, prior' o comme.nt~ng further on this subject, is .a.wa~ting the arrival of Georg~ S~mons for his study and recommendation concerning such west- ward expansion of S.V~. 10th Street, On motion of Commissioner %Varren and seconded by Commissioner Harbison, the Coun.cil unanimously approved empowering the Planning 'Board, and its Chairman Paul Knowles, to further study the p.roposed westward extension of S.I~L 10th Street, as well a~ the cross~ng of State Rd. 9 and the S.A.L, RR., with Mr. George Simons, and submitting the Board's recommendation to the Council as soon as possible. With reference to Item ~4, the City Manager was~requeste.d to ob- tain, in w.~iting, the comment of the County Commission relative to a budgeted $?0,000. for Swinton Avenue improvement, intended to be started in April of 1959, City Manager Lawso.n inform.ed the Council of having been advised by the County: concerning U.S.~l, that appraisal of requi~e'4 lands thereon for h.~ghway improvem.ent is nearly completed and that local appr.aisers w~.ll soon begin s~milar action on .dthAvenue~ upon com- pletion of which, the State Road Department w~ll process the purchase of required lands for street improvement from funds provided in their current budget. .The. Council, on motion of Commissioner Harbiso.n and seconded by Co~m?~.ss~oner Croft, discussed the request of the C~ty Manag?r for an additional patrolman on each of the three shifts in the'Polzce Depart- ment, the estimated cost of ~T~ich, from March 1st to the close of the current fiscal year, would be approximately $8,600°: ~.nd upon Call of Roll - Comm~issioners Harbison and Croft, together w~th Mayor Talbot, vote.d in favor of accepting the.C~ty Manager recom~end.ation and prowng employment of three additional Patrolmen, Commissioner Warren being opposed. . The Counci.1, on motion of Commissioner Warren and Seconded by Com- m~ssio.ner Harb~son, unanimously approved referral of '.Request' for Re-zoning of Lots 1-2-3-A-? and 8 ~n B.lock AO, as submitted by Mr. Carl E.Poorbaugh, to the Planning/Zoning Board,~for study and report. FEBRUARY 9th, 1959 On motion of Commissioner Croft and · seconded by Com.m~ssion.er Harbison, the Council unanimousl~ referred to the Pla~n~.~ng/Zo.n~ng Board, for study and recommendation,' as well .as a pubhc hear~.ng, the request of Att'y. Neil E, MacMillan for Rezon~g of Lot 1, Revised Plat of Block 36, from R-2 classification to R-$. The 'Request' of .various property owners in Ca.rver Memorial Park, Block "B", for re-zonxng of N.W. 14th Avenue abuttl.ng p.roperty be- tween 2nd and 3rd Streets, from R-iA to R-3 classification, was re- ferred to the Planning/Zoning Board for study and recommendation, by unanimous approval of t.he Council, on motion of Commissioner Harbison and seconded by Commissioner Croft. City Manager Lawson read the~ following letter: Feb 9th 1959 "Your letter of December 8th, 1959 in reference to the expanded recreation program for Teen Town Park was considered fully by the Civic League. Please be advised that the Civic League approves the said expanded recreation program as.the same appli.es to Teen Town Park and the services of Oliver Daws and Mrs. Eunxce Dolphus, How- ever, the Civic League takes no official position in reference to the beach and its related problems. The Civic League extends thanks to you for the trust imposed in it by requesting that all matters affecting the western sector of our city be channeled through the Civic League. However, the Civic League believes in the fund. amental .rights of all persons and organizations to appear before the C~ty Council to be hear.d on an~ an.d all matters tha. t may affect said persons or organizations. It is only through th~s way that the democratic process can and will remain a reality.. DELRAY BEACH CIVIC LEAGUE By /S/ I. C, SI.IITH Pres. The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, unanimously.approved full-time employment of Miss Eunice Dolphus, in accordance w~th regu.lar Pay-Schedule and on a forty hour work week, as recommended by the C~ty Manager. Att'y. I. C. Smith referred to his letter of January 31st, ad- dressed to th.e Council, concernin, g Street Improvement in the west sec- tor of the c~ty, and the street mprovement program submitted last May. The attorney further expressed the desire of all persons in the area involved as to the urgent need of improvement of many sand but well used roads, some of the important ones being 10th, llth and 7th Avenues, and reqUested that attention be given these streets, sug- gesting that possibly shell or lime rock, following some grading, would greatly improve these~much used streets. The att.orney further ofxered his services toward affecting early payment of .~mprovement assessments for Street Improvements, recently complete~_~ ~n order to aid the depleted Street"Improvement .Fund~ and was advised by the City Manager that the City was keeping step with the schedule originally outlined in the B-Year Street Improvement pro- gram previous.ly discussed with the CiVic League and Att'y. Smith. The Council requested the City Manager to re-survey the program, when convenient, and determine the possibility of shell or lime rock temporary improvement of the badly needed streets, as well as estima~ ted Costs and possibility of maintaining the previously determined schedule of street improvements in the west sector of the City. Mr. Levin addressed the Council with reference to a letter from Mr. MaX Goldstein, President of Jim Kay Homes, Inc., developers of Jefferson Manor S/D, wherein Mr. Goldstein requested permission to erect small signs directing prospective, purchasers to the Model Homes being constructed in Jefferson Manor S/D. The Council, on motion of Commissioner Warren and seconded by Corn-- missioner Croft, unanimously denied the request of Jim Kay Homes, Inc., for.per~iss?e u~e of Signs in as 2uc~ a~ si~la~ ~e~uests have den~e~ bF w~tue of O~in~nce No. 6-2~$, passed and a~o~ted on 14th, l~BS, and Section $ 1 (c) of the C~ty Co~e ~oh~b~t~n~ 9ity ~nager ~wson ~eminded t~e C?~cil that Resolution No. 1167 provided for publxc hsar~ng, at th~s txme, on the proposed ~prove- ment.of a ~0 f?ot st~p be~een Bloc~ 7~ and the F.E.C.~. R~., to receive object~ons, ~f a~, to such ~mprov~ent. .No objections being offered thereto, the City ~nager read Reso- lution No. ll6~: A RESOL~ION OF THE CITY CO,C IL OF THE CITY OF DE~Y BEACH, FLORIDA, A~HORIZING THE C~Y ~NAG~ TO PROCEED WITH THE CLMR~G, G~D~G AND PAVING OF A THIRTY FO~ STRIP LYING B~EN S. E. 2ND and ~RD STREETS, BO~D ON THE WEST BY BLO~ A~ ON THE EAST BY THE WESTERLY ~ LINE OF THE F.E.C. ~I~OAD R~ TO A UIDTH OF ~Y-FO~ FEET. · The Co,oil, on motion of C~ssioner Harbison and seconded by Co~ssione~ Warren, ~animously approved adoption of Resolution No. 1189, as ~ea4. (See Page No. 26-A for copy of ~SOL~ION NO. 1169.) ~ motion of Oo~ssioner C~oft and seconded by Co~ssione~ H~rbison, the Co,oil requested the Pla~ing Board to conside~ and ~eco~end s~table n~ing of the thirty foot strip to be ~oved and identified in Resolution No. 1169. C~ty ~naser ~wson info,ed the Co,oil of a proposed Ordinance, ~end~ng Section 9-~ of the Code of Ordinances, to pe~t ?ect~on of sheet metal covered buildings, as reco~ended by the Building Ins?ec- to~. The ~anage~ f~the~ advised the Co,c il that such construction had been prohibited by an Ordinance of several years ago due to much d~ge to such construction f~om high winds, but that e~ineeri~ and manufact~i~ achie~ents of recent yea~s has ~esulted in ~te~ial and construction to withstand horizontal and vertical wind press~e. The Co,oil, on motion of Co~ssioner Harbison and seconded by Co~ssione~ Warren, ~animousl~ approved tabling of th~s p~oposed Ordinance for further stu~, prior to placing same on first ~eading. ~yor Talbot .co,ended N~. Paul S. ~owles, Chai~n of the Plan- ning Board, for the following 'Reports' on Public Heari~s held by Pla~in~Zoning Board, and Mr. ~owles, at the request of ~he proceeded to ~ead the Board's reco~e~ations on said 'H~arings': 1. "The Pla~ing Board, at its regular meeting on Jan. SOth, studied the Request of Mr. O. D. Priest Sr., to rezone Block 4, Atlantic Park Gardens and Block 7, Atlantic Gardens, f~om R-1 to R-~. It was moved, seconder and passed ~animously that in view of the fact that at least ~o p~evious similar' requests wer~ g~anted in this a~ea, and in view of the fact that the City Co,oil adopte,i a policy o~ reviewing such ~.equ~sts separately that the r~quest be proved.~" /S/ PA~ S. KNO~ ES Cha i The Co,oil, on motion of Co~issione~ Harbison and seconded Co~issioner Croft~ ~animou~ly approved granti~ the Request of O. D. Priest S~., fo~ Re-zoning of Block 4, At~ntic Path Gardens and Block ~, Atlantic Gardens, f~om R-l, Si~e Family ~elli~ District, to R-Z, ~e and ~o Family ~elling Dist~lct. 2. The Planni~ Board at its regular meeting on Jan. SOth, studied the ~equest of ~. Neil E. N~cMi].lan on behalf of the Tr?le "D" ' Building Co~p., to ~ezone Lots ll thru 44 in Block 4~ f~om R 2 to It was moved, seconded and ~animously approved that the.~equest of ~. ~c~llan be tabled and that we s~gest that the applicant come fo~a~d with a request to change f~om R-2 to C-1 with permissive use for those approved selected retail uses not covered in C-I." The Council, on motion of Commissioner Warren and seconded by Commissioner Harbison, unanimously sustained the recommendation of the Planning/Zoning Board, and ordered that Nr. NacNillan re-submit his request, ~s ~uggested by the Board, it further being understood that any Permissive Uses are subject to Council approval. S. "The Planning Board at its regular meeting on Jan. 30th, studied the request of?r. Raymond V~hlte to rezone Block 14 - Lots 14, 18, l? and 18, all ~n 0sceola Park. It was moved, seconded and passed ~ to 1 that the request be tabled for further stu.~y along with other applications South of S. E. 4th Street, with~lr. Simons." 0n motion of Commissioner Croft and seconded by Commissioner ~¥arren, the Council ~nimously approved acceptance of the Board's Report and Recommendation, and requested the Board to review this request.of Mr. V~ite, along with others, now pending, affecting lands south of S.E. 4th Street. 4, "The Planning Board unanimously approved tlmt the Request of Dr. O. C. Williams Jr., for re-zoning of ~illiams S/D, from C-S to C-2, be tabled for further discussion with Dr. ~illiams upon his re- turn to the city." The Council, ?n motion of Commissioner~arren and seconded by Commissioner Harb~son, sustained the recommendation of the Planning/ Zoning Board and requested the Board to continue its study of this request, confer with Dr. Williams, and furnish Mr. George Simons the opportunity of his study and recommendation relative thereto. 8. "The Planning Board considered.the request of Nr. Jay P. Callaway to rezone Lot 4 and the north half of Lot $, Block 27, from R-1 to R-2. The Board unanimously agreed that the City Clerk be notified to provide for a public hearing of property owners on both sides of 8th .Avenue northward to N.W.~nd Street, on such proposed zonin$ change. The purpose of this was to give the Board an opportunity to re- study this area wither. Simons with the idea of possible rezoning of the area as a whole." The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, accepted the recommendation of the Planning Board, as read, and directed that the Board's decision be provided. ~ith reference to possible futur~ extension of a water line to Nr. Priesmeyer's property in Section 18-~8-~S, on the new road (S.W. BOth AVenUe) the Council, on motion of Commissioner Harbison seconded by Commissioner Croft, requested the City Nanager to study this sired ~ater Distribution Line extension along with l~r. Priesmeyer and other property owners affected and who would be benefitted by such distribution line, with a view toward assessment of cost thereof. The Council, on motion of Commissioner Croft and seconded by Com- missioner Harbison, approved payment of Bills in the amount of $11~,~98.90, sub~ect to Finance Committee approval, as submitted by the City Nanager. 0nmotion of Commissioner Croft and seconded by Commissioner  rbison, the Council unanimously approved payment, in the amount of 0.03, to Burns, N~ddle~on, Rogers and Farre!l, for legal services ~:~e~ ~;~n~:~;nB~;."~wn~a~ ~u~g~ City of Delray i e File 1919.1 and 1919.2. FEBRUARY 9th, 1959 The Council, on motion of Commi.ssioner Croft and seconded by Com- missioner Warren, approved the grantxng of an Easement, by Palm Beach Power Light 24 feet County, to Florida & _ Co., over. the s.odth of Lot 20-, 18, SUBDIVISION of Section 48~45,.to which.sa~d Lot 18, the City of Delray Beach holds a "Use Dedxcatlon" by wrtu.e of a Resolution PASSED AND ADOPTED by the Board of County CommissA.on. ers of Palm Beach County in session on June 14th, 19A8, and sub2ect to said Lot 1S being used for Public Purposes. City Manager Lawson then read RESOLUTION NO. 1170: A RESOLUTION OF THE CITY OF DEIRAY BEACH, FLORIDA, DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 1§ OF THE CITY CODE OF GRDINANCES. · The Council: on motion of Commissioner Croft and. seconded by Com- mAssioner, unanunously approved adoption of Resolution No. 1170, as read. (See Page 26-B for copy of RESOLUTION NO. 1170) On motion of Commissioner Harbison and seconded by Commissioner Croft, the Council agreed that th.e c.onsideration of a NEW City Hall be deferred until a full C.ouncil ~s xn. session.and that the City - Manager be requested to guide the architects, ~n so far as possible, concerning detailed procedure, along lines previously discussed, . in submitting tentative proposa.ls fo.r Services to.be rendered b.y the chosen architect in connection with construction of a New C~ty Hall and Jail. City Manager* Lawson then referred to the complaint of Mr. Paul Blatz, received.sometime ago, and which has come before the Council before, concern.~ng an alleged encroachment on Harmon .Court, and read the followxng letter of February 6th, from the C-~ty Attorney: RE: Cushing Encroachme. nt. "Some time ago, Mr. Paul Blatz complained to the city that ~r. Leonard J. CushSng was maintaining an alleged encroachment, on Harmon Court in this c~ty. By direction of the Council, a letter was ad- dressed to Mr. C.ushing directing him to remove the same, which he turned over to hxs attorney, Rhea Vfnitley, Esq. ~. Whi.tley denied the alleged encroachment, and requested a survey be.furn~shed. Thereafter a sketch prepared by the office of the dxrector of publxc works was furnished, showing the alleged encroachment; however, ob- jection has been raised that said sketch is not certified by .a regis- tered land surveyor, and cannot be accepted. I attach Mm. Whxtley's last letter with objection mentioned. As stated, generally the municipal duty as to streets h.as been defined "the exercise of ordinary care to keep its streets reasonably safe condition for travel day and night in the customary medes.of persons themselves exercising r.easonab~e care". It is one of which the mun~cxpahty cannot divest xtself except under s~atut _cry authority. The duty extends not merely to that po~tiOh 'Cf ~h~ public way reserved for vehicular traffic, but also to alleys, side- walks, and driveways. It goes beyond the exact boundaries of the public way and includes protection against dangers near the public way. Section 167.75, Florida Statu~es, does permit municipalities in Florida do adopte ordinances authorizing owners of buildings or structures encroaching in, upon and over any public streets, and pub- lic alleys located in any such cities within such limitations as they prescribe to maintain such encroachments .u~til such buildings or structures ar.e destroyed or removed; provided.nothing should be con- strued to reheve the owners of such encroaching structure or any negligence on their part. The complaint having been made, upon proof the same exists, it is prima facia a "public nuisance". Mr. Cushing has denied that the en- croachment exists, and also that it .xs not ~n effect a public nux sance. The city has the burden of proving the encroachment exists and if so it may force its removal by an action in e jectment or by mandatory injunction in the Circuit Court, unless Mr. Cushin.g could prove it not to be a nuisance. On the other hand, the Florida Statute above mentioned permits the city to authorize the encroachment. Therefore, I would recommend that investigation be made by the direc.tor of pub- lic works, and a report as to whether said encroachment, ~s the same exists, is in his opinion a public nuisance in fact; that the Council then determine whether it desires court action instituted to enforce removal of such obstruction, or to permit it under the foregoing Florida statute. /S/ HARRY T. N~.~TETT The Council, on motion of Commissioner Croft and seconded by Commissioner Harbison, requested the City Manager, with the assist- ance of the Director of Public ~orks and Chief of Police, to deter- mine if a "Nuisance"-exists, and submit a report thereon at the next regular meeting. City Manager Lawson informed .the Council of having received a number of complaints from the Basin Drive area, due to conditions re- sulting from installation of a Drainage Project therein, which upset the general area at the heighth of the season. The Council, feeling that the public might appreciate a delay in such installation, on motion of Commissioner Warren and seconded by Commissioner Croft, unanimously agreed that the City Manager be re- quested to prepare necessary contract revi. sion, incorporating time allowance for delay in completion and subject to the approval of the Surety Bonding Company, to provi.de for reasonable delay in further in- stallation of drainage at this time. The City Manager presented the Mayor and ea. ch Commissioner with a Copy of the ANRrUAL FINANCIAL REPORT of the C~ty of Delray Beach, for the fiscal year ending September 30th, 1958, and highly commended its creator - Director of Finance Carl J. Gessler. On motion of Commissioner Croft and seconded by Commissioner Harbison, the Council thanked the Manager for this fine Report and expressed its sincere appreciation to the Director of Finance and his staff for the excellent job done. City M~nager Lawson read the following letter, dated Feb 8th 19§9: "I wish that you would take up with the City Commission the re- vival of the Beach Advisory Committee. l~/e used to have a Beach Ad- visory Committee, I believe of either three or five citizens, some from the beach area and some from town. Their function was to make recom~ endations as to beautification, safety, and long range bene- ficial planning for our beach. This committee would in no way interfere with the superior work being done by our aquatic director, Mr. Steve Forsythe. Rather it would supplement it by pr-ojection into the future. /S/ DOROTHEA E. GALVIN The City Manager informed the Council that a Beach Committee does still exist and addition.al committ?es might c.aus.e over-lapping of functions, and the Council, on motion of Commxssxoner Croft, seconded by Commissioner .Harbison, unanimous~l.y agreed that same be tabled for study as to possible need for an addxtional beach committee. ?EBRUARY 9th, 1959 The City Manager informed the Council of the unsatisfactory con- dition of the Docks due to lack of dredging which results in some boats lying on the bottom at low-tide. The Council, on motion of Commis.sioner Harbison and seconded by Commissioner Warren, requested the City Manager to contact the Lessee of the Municipal Docks, advising said Lessee of the condition thereat and request that corrective measures be provided. Mr. Ralph Knutsen complai.ned of the w~ter condition around N.E. 2nd Avenue and 2nd Street, which recently, due to heavy rains, made it impossible for he and his employees to operate their business at that corner. The Council could not assure Mr. Knutsen of i~mmediate relief but did advise him o.f the over-all engineering survey for d~rainage im- provement now being made in that general area., which will provi.de much desired drainage for the City when feasible and when the City is financially able .to authorize and proceed with the presently being planned over-all ~raln~ge improvement program. MEETING ADJOURNED: APPROVED: ' ........ ¢~ty Cier~ ~' -'