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02-23-59 27 FEBRUARY 23RD, 1989. _ A Regular Meeting of.the City Council was held in the Council C.hambers at 7:80 P.M., wzth Mayor George Talbot Jr., in the Chair, C.~ty Manager_~.r: E. Lawson Jr., City Attorn.ey Harry T. Newett and Com- missioners J. LeRoy Croft, Charles H. Harb~son, Fred B. McNeece and George V. Warren being present. An opening prayer was delivered by Reverend J~ ~. Swanson. The Council, by .general consent, approved the Minutes for the Regular Meeting of the Council held on February 9th, 1959. City Manager ~V. E. Lawson read the following letter from M. No Weir & Sons, Inc., dated February lSth, 1959: "Hearing of the plans, of your .City in regard to the building of a new City Hall, I am takzng the l~berty of presenting to you the Bon Aire Hotel, for your consideration. This propert~ is lo.cated in the heart of your business area, as you well know. ~th a lxttle alteration, this building might fit .your requirements very well and cer.tainly keep within your budget lim- itations for land, building and equxpment. For your information, I am enclosing a brochure describing the price and physical characteristics of the property. If you desire any additional details or if I can be of any fur- ther assistance, please contact me a~tYour earliest convenience." /S/ Ed Wrobleski for M. N. Weir & Sons, Inc. The Council unanimously rejected the offer of N. N. V~eir & Sons, Inc., on motion of Commissioner McNeece and seconded by Commissioner Croft. The City Manager then presented the Council with Proposals for the NE~J~ City Hall as submitted by Architects Richard T. Hanna and Kenneth Jacobson, which proposals are in the official files of the City. hayor Talbot informed all present that the Council had determined to v.ote by Ballot. Secret ballot of the Counci.1 for choosing an architect for the proposed New City Hall and Jaxl, opened and checked by the City Manager and Clerk, disclosed a three to two vote in favor of Mr. Kenneth J.acobson, and upon motion of Commis.sioner ~.~arren and seconded by Commissioner McNeece, the Co.m}.cil unansmously agreed on the selection of Mr. Jacobson as the Archxtect to be employed. City Manager Lawson then furnished the Council with a complete re- port of the proposed Street Improvement program in the ~est Sector of Delray Beach, and identified the portion thereof which has just been completed: FIRST YEAR Items already completed ~ 1. SW~ 14th Ave. from Atlantic Ave to 3rd Street. 2. SW 12th Ave. " " " " " $. SW Srd Street from 12th Ave. to lath Ave. 4. SW 2nd Street from 8th Ave. to lath Ave. APPROXIMATE Items recommended but not completed - FOOTAGE COST 1. SW 10th Ave from Atlantic Ave to 2nd Str., --~ $-T~. 2. SW llth Ave " " " " 8rd " 1860 11,532. 8. SW ?th Ave " " " " 1st " 620 3,844. 4. SW 1st Str " 4th Ave to 14th Ave., 3290 20,398 Total (UncomPleted work) Lin. Ft. 7,010 $43,462. FEBRUAI~ 23rd, 1959 SECOND YEAR APPROXIMATE Lin,Feet . Cost 1. NW 3rd Street from NW 2nd Ave. to Carver High 'i~o'O" ll,VBU~ 2. ~ 6th Ave fr~ ~ 3rd S. tr to the end 1,0~ 6,200~ B~ ~ lOth Ave fr~ Atlantic Ave to ~ 2nd Str 1,240 7,688~ 4. ~ 7th Ave " " " " the end 2,600 16,120~ 5. ~ 8th Ave " " " " ~ ~d Str 1,240 7,688~ 6. ~ 9th Ave " ~ 2nd Str to the School 800 ~,960, 7. ~ lath Ave " Atlantic Ave to the north end 1,O00 6,200~ 8.~ ~ 13th Ave " " " to 2nd Street 1,240 7,688~ 9. ~ 4th Street fr.om 8th Ave to the School 1,~O ~d Year Total 12,020 Lin.Ft. 74,5~ THUD Y~ l~ ~ 1st Street from N.W. 8th Ave to the west end B,300 14,~60. 2. SW 18th Ave " Atlantic Ave to south end 1,9~ 3. ~ 3rd Ave " ~d Str to 4th Str., 1,~50 8,370; ~. ~ llth Ave from Atl~tic to 2nd Street 1,2~0 7,688, 5. ~ 12th Ave " " " " " 1, 2~0 7,688. dA The "5~" blocks of ~ 1st, 3rd & Ath Streets ~00 5,580~ 7; ~ 8th Ave from Afl,tic to south end(2nd Str) 1,2AO 7~688~ 8; ~ 9th AVe ~" " " " " " 1,240 7,688. 9. SW 13th Ave from Atl~tic to new Carver School 1,~80 !2,090~ 3rd Year Total - 13,410' Lin. Ft., $8~, 142. Cost The ~nager f~ther advised the Co~cil of alternate and cheaper methods of te~ora~ ~rovement on the streets ~d avenues shown a- bove, n~ely- 1. Shell ro~k at the proper grade and compacte~ at a~ approx~te cost of $121,32~., or ~9.~ percent less than a ~form and . proper improv~ent, comparable to other ~ovements of sim- lar nature. 2. ~ the mere d~ping of six inches of rock, .spreading, grading and rolli~ it, at an approx~te cost of $64,880., or less than the cost of desired street ~provements, which mo~t could well be a total loss at such t~e and later date the City deter~ned to construct the streets in accordance with standard city specifications, which expendit~e the City ~nager warned against. ~ motion of Co~ssioner ~rbison and seconded by Cg~issioner McNeece, the Co~cil, in view of the facts and complete ~nfo~tion contained in the ~ger's Report, ~an~gusly agresd that temporary improvements would be too costly and of l~ttle use ~n fut~e improve- ments and therefore detained to proceed with the original plan, re- flected in said 'Report'. By general consent the Co~cil ~animously agreed on the follow- in~ ~tems" to be presented to the Legislators at the fo~'thcomi~g cl~n~c: 1. Introduction of Ordi~nces by caption only. ~ Sale or exchange of ~. Extension of 10-year li~tation of tax revenus certificates. 4. Authorization of separate Board of Adjustment. 5. Validation of Golf Course Sale. 6.Ratification of Tropic Pa~ a~exation. 7. Validation of all resolutions ~d ordin~ces heretofore ~opted. 8. Ratification of Del-Harbour a~exation. ~ motion of C~ssi~er Warren and seconded by Co~issio~er Harbison the Co~cil disc~sed - "~vestment of S~plus F~ds Savings & Loan Accosts", which is not now pe~ssable by Charter 2 control, submitting the matter to the Legislative Clinic for change. in Charter provision and upon Roll Call - Commissioners Croft, Harbx- son, Warren and Mayor Talbot voted in favor thereof, Commissioner NcNeece being opposed due to the possible delay which could be im- posed by the Savings & Loan Association in the withdrawal of funds. Commissioner ~r~rarren referred to action of prior Councils relative to the reference - City Commission and City Commissioner, which, as an official reference, is not provided in the Charter, and requested Council opinion as to whether a change in the Charter might be.re- quested or desired, to permit official reference as "City Commission't and City Commissioner. The Council, on. motion of Commissioner Harbison and seconded by Commissioner Croft, unanimously approved taking no action on any change and that the present terms and conditions, as outlined in the Charter, with reference to t?minology and official reference to the Council and Councilmen, remahu as they presently appear therein. Commissione~ War~en referred to Section 17, Article IV, of the Charter, concerning method of providing a Mayor for the City, and moved that a request be made to the Legislative Clinic to provide for election of a Nayor rather than by appointment of a majority of the elected Council. There was no seconding of this motion. Commissioner McNeece moved that a "Special Registration" of Free- holders be provided by the Legislative Clinic for passage and Charter requirement during the proper 'Period' for th? holding of any Bond Election between December 1st and April $Oth in any year. Motion seconded by Commissioner Croft and upon Call of Roll - Commissioners NcNeece, Croft, Harbison and Nayor Talbot voted in favor thereof, Commissioner ~larren being opposed. Commissioner Croft, believing that additional remuneration, above the present $$.00 per Council Meeting, to Councilmen and the Nayor might encourage public minded citizens to be more concerned and wil- ling to serve on the City Council, moved that a request be made to the Legislativ? Clinic for their approval and recommended change in the Charter which wo~ld provide for a monthly salary of $125.00 to each Councilman and $1§0.00 to the Nayor. Notio~ was seconded by Commissioner ~arren and upon Call of Roll - Commissioners Croft, Warren, Harbison and Mayor Talbot voted in favor thereof, Commissioner NcNeece being opposed in as much as a similar suggested provision~ by the Council, was over-whelmingly defeated during a recent straw vote. Commissione~ ~Iarren moved that the previously discussed item - "Removal of residence requirements for City Attorney and Nunicipal Judge" not be presented to the Legislative Clinic. Notion seconded By commissioner Croft and unanimously passed. The Council, by general consent, determined that no request be submitted to the Legislative group, at this time, concerning any change in general annexation procedure. City Manager Lawson submitted a 'Report of the Cost' for the fol- lowing Improvements, together with an assessment roll showing the lots and lands to be assessed the share of total cost, which share has previously been determined by the Council, and the amount of the assessment as to each; all in compliance with Para. (6) of Section 169, Article XX of the City Charter: PAVING I.~PROVE~ENTS TOTAL COST TOTAL ASSESSMENT Pt. of S.E. 6th Street $ 2,430.03 $ 1,944,02 Pt. of S.W. 2nd " 19,206.27 15,$65.02 Pt. of S.W. Srd " 4,081.80 3,265.44 Pt. of S.W. 12th Ave., 15, S15.10 10,652.07 Pt. of S.W. 14th " 9,451.20 7,560.96 S FEBRUARY 23rd, 1959 DRAINAGE IMPROVEMENTS TOTAL COST ASSESSMENTS 1. Section "B" $ 12,000.34 $ 9~600~27 4. " "F" 2,774.60 2,219.68 5~ " "G" ' 3,323.34 2,658.67 6~ " "H" 13,075.45 10,460.36 8. " "J" 24,736.75 19,789.40 T. he. Council, on motion of Commissioner McNeece and seconded by Commxssxoner Croft, unanimously agr.eed that those parcels of land ly- ing within Sections "I" and "J", which parc.els were pre. viously as- sessed for a Drainage Improvement Ins tallatx on per Ordinance No. G-67, be excluded from being assessed a_ny portion of the cost for Drainage Installations in said Sections "I" and "J", just completed, as recom- mended by the consulting engineers, Brockway, Weber & Broc.kway, and, that the 'Report' .of Cost and the Assessment Rolls for Drainage .Im- provements in Sections B, C, D, F, G, H, I, J and K, and the Pav~ng 'Improvements and Assessment Rolls for Parts of S.E 6th, S.W. 2nd and S.W. Srd Streets, and for Pa.rts of S.W. 12th and 14th Avenues, be ap- proved as presented by the C~ty Manager and that said Assessment Rolls be advertised once each week for two successive weeks and a Public Hearing be pr.ovided, at which time the Council will hear objections, if any, to sa~d assessment rolls. The City Manaser reminded th.e Council of its obligation, in com- pliance with Sectxon 86 of the Cxty Charter, to sit as an Equaliza- tion Board o.n Monday, March 9th, and the Council agreed to convene at 10:00 A.M., ~n the Council Chambers. City Manager Lawso~ then read the following letter, dated 2/i~/$9: '~e request pemmission to erect a sign on the southwest corner of Atlantic Avenue and l~enetian Drive. The sign is one which was previously in this location and.reads, 'Mayfair Manor Hotel - 3 blocks'. It measures 85" x 31" and ~s ap- proximately 10" thick. It is a painted sign with neon tubing over the letter.lng. 1~.~e propose to erect it on a pi~e pole in the gr.ass plot at thx.s location on D.elrest Inn property (also owned by thxs corporation) so that the s~gn itself will exte.nd southward from the pole over the entranc.e to the Del~est Inn pa~k~ng lot. The purpose ~.f th~s sign is to direct ou~ guests from out of town to the Mayfa~r Manor Hotel. /S/ JACK P. JEI~ISON (Arvida Corporati on) C.o~ssioner Croft moved that this request be denied in vie.w of existxng O~.~in~nce No. G-293, and recent ~nials of similar dew~.- tions. Motxoa seconded by Commissioner McNeece and unanimously ap- proved. The City Manager read the following letter from County Eng~nce~ Stephen R. ~iddleton, dated February llth, 1959: "In response to your request we would like to advise that Road and Bridge Department expects, to be able to s.tart the recon- struction of Swinton Avenue sometzme between the mAddle and the end of March, Unless there is some objection on the part of the City they will start on the south end. ~ith kindest personal regards." /S/ STEPHEN R. MIDDLETON The Council, by general consent, approved the proposed method of ~econstructing Swinton Avenue, as outlined in letter from M~. Stephen Mi~dleton. The Council, on motion of Commissioner Harbison, seconded by Com- missioner ).~cNeece, Unanimously approved referral to the Planning/Zon- ing Bo?rd of the request submitted by James Kirkwood, Jr., for the re-zoning of a p.art of the E~ of the N 830' of the South 495' of Lot 9, Block 1, Section 21-46-43, from R-iA to C-2. City Manager Lawson then read Resolution No. 1171: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM_ BEACH COUNTY, FLORIDA, REQUESTING THAT THE 10% FEDEP~L EXCISE TAX ON LOCAL AI\rD LONG DISTANCE TELE- PHONE SERVICE BE DISCONTINUED. On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously approved Resolution No. 1171 on this first and final reading. (See Page 34-A for Copy of RESOLUTION NO. 1171. ) On motion of Commissioner Harbison, seconded by Commissioner McNeece, the Council, by general consent, referred proposed Ordinance No. G-SOS, concerning Amending Section 9-S of the Code of Ordinances of Delray Be.ach to permit erection of sheet metal covered buildings, to the Planning Board for study and recommendation. The City Manager then read Ordinance No. G-S04; ORDINANCE NO. G-S04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDa., REZONING AND PLAC- ING ALL OF BLOCK FOUR (4) ATLANTIC PARK GAR- DF~S AND ALL OF BLOCK SEVEN (7) ATLANTIC GAR- DENS IN "R-2" DISTRICT, AND AI:~ENDING "ZONING NAP OF DELP~Y BEACH, FLORIDA, 1956". The Council, on motion of Commissioner Croft and seconded by Com~ missioner Harbison, unanimously agreed that Ordinance No. G-S04 be placed on first reading. City Manager Lawson informed the Council that a sa.les r.epresenta- tive of ~inko-Matic Signals has agreed to. supply the City w~th two fl.ashing li~.t signs, on a trial basis.. The Council re.quested the Chzef of Police to znstall these 'Trzal Basis' lights zn the Plumosa area. The City Manager informed the Council, as a result of recent ad- vice from Smith & Gillespie, that a small deficit exists in available funds for completion of the five major projects in connection with the ~Yate~ V~orks Improvement and Expansion program, due to a possible fractional error in computation of estimated cost of the entire pro- gram by Smith & Gi.llespie. Commissioner !?/arren felt that the f.~rm of Smith & Gillesp~e should be cited for having caused such apparent miscalculation. Commissioner Croft moved that, in view of Council approval for the five major projects concerned with the ~Vater ~Uorks Improvement and Ex- pansion program and the liability of~the city for commitments relating thereto, additional needed funds of $2~,000.'00 be transferred from t.he ~7ater. Surplus Fund to the Special Trust Account to meet the de~ f~ciency xn available funds for final payment of this commitment on Project No. 8. Motion seconded by Commissioner McNeece,~ Commissioner Harbison requested a deferment of such authorization, for further study, and being assured that no hardship would be created by a delay in providin$ said. amount f.or transfer, Commissioners Croft and McNeece agreed to wxthdraw the motzon and second, respectively. Thereupon, the Council, on motion of Commissioner Harbison and seconded by Commissioner NcNeece, unanimously agreed that this matter be tabled for further study and consideration at the next regular meeting. FEBRUARY 23rd, 1959. City Manager Lawson read the following letter received from the City Attorney concerning proposed water and sewer agreements relating to "Tropic Palms".: . February 20, 1959. "On Tuesday I had a conference with Mr. Grimaitch and Mr. Johnson, with reference to the proposed water and sewer agreements, and the following, conclusions were reached. Mr. Johnson advised that he would either buy water wholesale at the subdivision gates and ay the price of 20~ per 1000 gallons, o.r secondly, he would pay ~hecity 2Ag per 1000 gallons provided the c~ty collected the bills. . I have given further consideration to the roma in relation to our Charter and the water bond ordinance. I wish to advise that I will not approve that the city collect the bills and refund money to Developer unless it be out of "surplus" as defined by the bond ordi~ nano e ~ Provided ou~ water rate ordinance is amended to make provision for a wholesale rate, ! will approve a propOsal to sell to the Devel- oper at an agreeable_price at the .subdivision gates, along the. form on the first proposal drafts in thxs matter. It is m7 conclusion that even though the proposal to sell at wholesale may be i.n the nature of a lranchise, i~ ~oes not violate the water bond ordinance. On the other han~, the ~rovision whereby the c~ty collects the bills, and refunds all over 94~ per 1000 gal*s. would violate the water b.ond.ordinance, unless it could be determined that the amount over 24g xs ~n fact "surplus", as ~efined by said water bond ordinance." Commissione~ l/cNeece m.oved that. unless the Engineering firm o£ 3mith & ~iltesp£e will adwse the City of .a lower rate, yet profitable to the City, that an. a~e ;reement be entered xnto with Mr. Johnson for the furnishing water to . gates of the subdivision for 2A~ per lO00.gal- lons~ the City not bemg sub. ject to providing for collection of' b~lls. Motion was seconded by Commissioner Croft an~ upon Call of Roll Commissioners McNee:~ Croft~ .an8 ~rarr.sn voted in favo~ thereof, Com- missioner Harbi~on Mayor Talbot bezng The Council, on motion of Commissioner Croft and seconded by Com- mlssloner.~arren, unanimously approved pa.~.ent of Bills in .the mount of $61~571.44~ as prese, nted by the ¢~ty Manager, sub,eot to th~ approval of the Finance Commttee. On motion of Commissi.oner V~arren and seconded by Commissioner McNeece~ the Council unanmously agreed on deferring any action on the request of Mm. Ben ~.illiams to move a frame house from No. Fede. r~ al Hwy., Boynton Beach, to 115 N..~. 4th Avenue, Delray Beach, untxl the next regular ~eettng, in order to pem,~t investigation of the property. City Manager Lawson pre.sented each Member of the Council .~ith a copy of the AUDIT for the C~ty of De]may Beach, Florida: eove~ing the fiscal year ending September 30th, 1958. · The Manager also referred to a ~Memorandum~ from the Director of Fxnan.ce whoha~ been requested by the .City's auditors, Bateman Jeffrxes, to call the Yanaser*s attention to the apparent lack cf con.- trol of receipts at both o~ the City's swimming pools and the courts, in view.of which fact consideratio.n should be ~iven toward providing proper e2uxpaent and mak.ing ~ossxble better control of the revenues resulting from these public activities. City Manager Lawson .reviewed the comparative costs for the City's audits during the past s~x years, being as follows: 1952o53 Dunn-Rankin $ 3,444.92 i955-54 Himes & Himes 5,894.50 1954-85 Bateman & Jeffries 2,577.~0 1955-56 do do 2,855. O0 1956-57 do do 2,662.50 1957-58 ac do 2,532.50 6 and further informed the Council that last year's Audit and report, a.ccording to the Director of Finance, was one of the most comprehen- sive and satisfying ever experienced by the Finance Director. The Council, on motion of Commissioner Croft and seconded by Com- missioner H rblson, unanzmously approved the appointment of Bateman & Jeffries as the official auditors for the City of Delray Beach, for the fiscal year of 1958-1959. On motion of Commissioner ~icNeece and seconded by Commissioner Warren, the Council unanimously approved the renewal of a Beer Li- cense to "Sunny South Elk Lodge" of DelraY Beach, Florida. The Council, on motion of Commissioner Harbison and seconded by Commissioner McNeece, unanimously approved the transfer of a Beer & l~ine License for the 'Ace High Tavern', issued to, and operated by, Annie Lee Conyer for the past several yea.rs, to Ulan Mathews, home owner in De'lray Beach and whose property ~s located at 119 N.W. 10th Ave. The 'Ace High Tavern' is located at 1408 West Atlantic Avenue. Approval for purchase of an automobile to meet the emergency need of the Police Department, and award for such purchase to the low bid- der, was given by the general consent of the Council on motion of CommissionerHarbison and seconded by Commissioner McNeece. B I D S Received for needed Police Car Adams Chevrolet Co., $2,088.00 Earl ~allace Ford, Inc., 2,128.00 Joe Rose Motors 2,$43.15 City Manager Lawson read the following letter, dated Feb 19th, '~9: "~e would like to ask at this time that you extend~an invitation to the City Commissioners. and Mayor to attend and be our guests at the Community Chest luncheon, next ~?~ednesday, February 25, at noon at the Arcade Tap Room. We believe our volunteer workers would be encouraged by this interest shown in their work and we also trust the Commissioners will find it informative. /S/ R. ~V. P INDER JR., Campaign Chairman Th.e Council req.uested the City Attorney to write Arvida Corpora- tion (Sea Ray, ~nc.) to the effect that unless necessary steps to correct the unsatisfactory conditions at the Docks, mainly the lack of proper dredging, within thirty ($0) days from date, the terms and conditions of the Lease dated September 29th, 1~$$, assigned to Sea Ray, Inc., on July.§th, 1958, may be considered terminated as pro- vided in Section 29 of said lease. In a letter, addressed to the Mayor, the Delray Beach Junior Chamber of Commerce requested proclaiming the week of N~'ch 2 - 8, as Jay Cee ~i~eek. A "Kick-Off" breakfast will be held at the Uptown Surf Restaurant at 8:00 A.M., Monday, March End, 1959. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council referred the application of Att'y. John Moore, made on behalf of Clover Liquor Corp., for extension of boundaries within which liquor may be sold to include a portion of the west-half of Block 82, to permit possible location of a 'Clover Liquor Corp' ackage s. to~e near the present A & P Store on N.E. 2nd Avenue, to the lanning/Zoning Board for study and comment. City Manager Lawson read the following letter received from Atty. Neil E. MacMillan: February 28, 1989. "RE: Standard Oil Station - Corner of Atlantic Ave & Federal Hwy:' FEBRUAl~23rd, 1959. "I a~_writing this letter on behalf of my client, Standard Oil Kentucky,, the of Lot 20 and the West ComparAy [Incorporated in owner n the Oil Sta- 20 feet of Lot 21, Block 116, which exists ~tandard tion at the corner of Federal (U.S.1) and Atlantxc Avenue. of this As you are probably aware, a good portion property being taken for the widening of. Feaerat Nxghway U.S. 1 ~ndmy client iS happy to cooperate with the xmprovement of Federal Highway. Part of the property that ~s being taken i~cludss pa~t of the building. Standard Oil Company is further agreeing ~o dedicate 7 feet off of Atlantic Avenue as a cooperative move in ~mproving Atlantic Avenue at the same time. The taking of this property renders the present station for all practical purposes unusable and constitutes a distinct hardship as a result thereof.. A~ a ~esult of Standard Oil Being left with insufficient property to maxntaan a stat$on,.theyhay~ executed a contract for the purchase of the property whlch as descrabed on the attached photostat, which is also knownas the old Zook property and presently the Muddiman property. ~he zonxng of both the.old location ?f Standard Oil and a goo~ property portaon of the. bexng purchased 1i C-1. Request is therefore made for a varaance to p?rmit the alt?ataon and relocation of the station using its remain:ng present s~te and the p~operty under con- tract of purchase. Fo~ yo.u~, in~ormataon, a tentatave sketch of the proposed layout of the ~tatxon ~s attached hereto. · It is sincerely believed that ~his n?wpropose~ station w~ll con- statute a distxnct asset and beautification of the comner'for the benefit of all Delray Beach. . It is my understanding ~hat in granting a variance no notice is ~ecessar~ and this is poxn~ed out to you for the reason that im- mediate action on the matter is required because of the urgency of widening the high.way. Your cooperation will be greatly appreciated." /~ 'NELL E. MacMILLAn. The Council, on motion of Commissioner McNeece and seconded by Ccm~i. ssioner ~Iarbison, unanimously agreed that this request for variance be referred to the Planning Board for study and recommenda- tion.