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04-13-59 67 APRIL 1 STH, 1959 A Regular Meeting of the City Council was held in the Council Chambers at 7:30 P.M., with Mayor George Talbot Jr., in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Commissioners J. LeRoy Croft, Charles H. Harbison, .Fred B. McNeece and George V. Warren being present. An opening prayer was delivered by Reverend Robert G. Morey. The Council, by general'consent, approved the Minutes for the Meeting of March 2Srd, 1959. City Manager Lawson infommed t. he Council t.hat.' .~epresentatives of both Pompano Na.tural G.as and Florida Public Utilities Company have requested definite action on their proposals for a Natural Gas Fran- chise to pe .m~.t arransemen, ts for supply as well as necessary .time for construction of distribution system. The Council, on motion of Commissioner McNeece and seconded by Commissioner Croft, unanimously approved granting of a franchise to Florida Public Utilities Company for Transmission, Distribution.and Sale of Natural Gas, and requested the City Manager, together w~th the City Attorney, following study of proposal and alternate agree- ments submitted, to reco_mmend to the Council the most desirable of the two forms presented by Florida Public Utilities Company. · The City Manager then advised the Council of lega.1 advertise.ments havz.ng been made.~or the purpose of schedulinE a "Not~ce of Public Hearing" concerning the proposed thirteen (13~ Charter Amendments as follows: NOTICE OF PUBLIC HEARING "In compliance with Section 191 of the Charter of the City of Del- ray Beach, Florida, notice is hereby g.iven that a public hearing will be held on Monday, the 13th day of April, 1959, at 7:30 P.M., at a regular meeting of the City Council of the City of Delray Beach, Fla. at the City Hall. .The purpose of the public hearing is to finally consider the fol- lowing proposed amendments to the Charter of the City of Delray Bch., a copy of which is on file in the office of the City Clerk, and which will be submitted to the 1959 Session of the Legislature, to-wit:" PROPOSED ANENDMENT NO.. 1 "AN ACT TO AUTHORIZE AND EMPOV~ER THE CITY OF DELRAY BEACH TO EX- TEND ITS BOUNDARIES BY ANNEXATION OF CONTIGUOUS L~NDS BY PROCEDURE PROVIDED BY SECTION 188 OF CHAPTER 25?88, SPECIAL LAV~S OF FLORIDA, ACTS OF 1949, AND BY CHAPTER 25710, SPECIAL LAV~S OF FLCRIDA, ACTS OF 1951." PROPOSED AME~!DMENT NO. 2 "AN ACT AMENDING SUBSECTION 18 OF SECTION ? OF CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, AS AMENDED, TO CREATE AND ES' TABLISH A BOARD OF ADJUSTMENT AND DEFINE ITS POVfERS." PROPOSED AMENDNENT NO. "AN ACT AMENDING SUBSECTION 2 OF SECTION 7 OF CHAPTER 25788, SPECIAL IAWS OF FLORIDA, ACTS OF 1949, TO AUTHORIZE AND EXPOWER THE CITY COUNCIL TO SELL, EXCHANGE, AND OTHEE~fISE DISPOSE OF PROPERTY." PROPOSED AMENDMENT NO. 4 "AN ACT ~2f~ENDING SECTION 24 OF CHAPTER 25?88, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE THAT SALARIES OF THE CITY COUNCIL MAY BE FIXED BY ORDINANCE: AND PROVIDING A REFERENDUM." PROPOSED A~ENI~iENT NO. 5 "AN ACT AMENDING SECTION 29 OF CHAPTER 25788, SPECIAL LAV~S OF FLORIDA, ACTS OF 1949, AS ~ffENDED, TO PROVIDE PROCEDURE FOR ADOPTION OF ORDINANCES, AND PROVIDING ORDINANCES ~MAY BE PLACED ON FIRST READ- ING BY TITLE OR CAPTION ONLY." APRIL 13th, 1959 PROPOSED AMENDMENT NO. 6 "AN ACT Al{ENDING SECTION 139 OF CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, AS A~ENDED. PROVIDING SPECIAL REGISTRATION FOR EACH BOND ELECTION AND THE TIM OF HOLDING SUCH ELECTIONS." PROPOSED AMENDMENT NO. 7 "AN ACT AMENDING SECTION 13~ OF CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, AS AMENDED, TO ELIMINATE LIMITATION AS TO MA- TURITY DATE OF REVENUE CERTIFICATES." PROPOSED A~ENDNENT NO. 8 "AN ACT AMENDING CHAPTER 25788, SPECIAL LAWS OF FLORIDA, ACTS OF 1949, TO AUTHORIZE AND EMPOWER THE CITY CO~,~CIL OF THE CITY OF DELRAY BEACH, FLORIDA TO INVEST IN SHARE ACCOUNTS OF FEDERAL SAVINGS AND LOAN ASSOCIATIONS ~ICH ARE ME~BERS OF FEDERAL HOME LOAN BANK SYSTE~{." PROPOSED AMEN~ENT NO. 9 "AN ACT TO RATIFY, VALIDATE AND CONFIM CONVEYANCE OF THE GOLF COURSE BY THE CITY OF DELRAY BEACH TO THE GRII~S FOUNDATION." PROPOSED ANENDI{ENT NO. 10 "AN ACT VALIDATING, CONFIRMING AND PJ~TIFYING ALL RESOLUTIONS AND )RDINANCES HERETOFORE ADOPTED AND ENACTED BY THE CITY OF DEIRAY BEACH, ?LORIDA." PROPOSED AMENDMENT NO. 11 "AN ACT VALIDATING, CONFIPJ~ING AND RATIFYING ORDINANCE NO. G-272, ADOPTED SEPTEMBER 28, 1957, BY THE CITY COb~CIL OF DEIRAY BEACH, FLA., REDEFINING THE TERRITORIAL BOUNDARIES OF SAID CITY TO INCLUDE THOSE CERTAIN LANDS HERETOFORE ANNEXED BY SAID ORDINANCE NO. G-272, IGNOWN AS TROPIC PALMS, PLAT NO. 1." PROPOSED AMENDMENT N2. 12 "AN ACT VALIDATING, CONFIRMING AND RATIFYI1K; ORDINANCE NO. G-277, ADOPTED JANUARY 16, 1958, BY THE CITY COUNCIL G2 DEl,RAY BEACH, FLA., REDEFINING THE TERRITORIAL BOUNDARIES OF SAID CITY TO INCLUDE THOSE CERTAIN LANDS HERETOFORE ANNEXED BY SAID ORDINatE NO. G-Z??, KN(~¢N AS TROPIC PALMS, PLAT NOS. 2, S and 4. PROPOSED AMENDMENT NO. :'AN ACT VALIDATING, CONFIRNING AND RA. TIFYING (2DINANCE NO. G-279, ADOPTED FEBRUARY 10, 1958, BY THE CITY COUNCIL OF 5EtRAY BEACH, FLA., REDEFINING THE TERRITORIAL BOUNDARIES OF SAID CITY 0¢ DELR~.Y BEACH TO iNCLUDE THOSE CERTAIN LANDS HERETOFORE ANNEXED BY SAID ORDINANCE NO. G'-279, KNOV~N AS DEL-HARBOr." Given by direction of the City Council this 12th ~ay of March, '59~ There were no comments from the Public concerning tae above pro- · :'osed 'Amendments to the Charter', and the Council acknowledged appre- /:::.ation fo.r the Report of the City Manager concerning hi~ having pro- · .'ided the initial steps for Charter Amendment procedure. City Manager Lawson submitted a proposal from "McCree&y & Company, i'nc.,.and B. J. Van Ingen & Co. Inc.," soliciting an 'agreement' with '~he C~ty of Delray Beach, to act as the City's fiscal agent in planning ~nd financing improvements and extensions to the City's sanitary sewer rystem, as outlined by Smith & Gillespie. The Council, on motion of Commissioner McNeece and seconded by Com- ~..~..[sstoner Croft, unanimously approved the employment, as fiscal agents, cf B. J. Van Ingen & Co. Inc., represented by Mr. Fred. B. Clark, and McCl'ee.dy & Company Inc., represe.nted .by Mr. C. T. McCreedy, in a~cord- ance with their 'Proposal' contained in the following letter dated the 1Sth day of April, 1969: "We would like to enter into an agreement with you to act as your fiscal agent in planning and financing improvements and extensions to our sanitary sewer system, as outlined by Smith & Gillespie, on the ollowing terms. 2 In cooperation with your City officials, your consulting engineers and approving attorneys, we will assist you in setting up a schedule of sewer service charges and a method of assessing construction costs of the collection districts against benefited property. If you elect to finance the cost of sewage disposal facilities by the sale of a general obligation bond issue, we will assist you in the preparation of information for your freeholders and in planning for the referendum. We will prepare the details of the proposed bond issues, the terms to be consistent with your charter and the water revenue certificate ordinances, and the maturity schedules to be ad- justed so as to provide, the lowest possible annual debt service. We will.facilitate~the preparation of legal proceedings necessary for the valldissuance of the bonds, and will give all possible as- sistance to your attorney in connection with the validation. We will arrange for the printing of the bonds and for all necessary steps in- ~oident to this financing, including publication of all notices and ad- vertisements required in validating and advertising the bonds for pub- lic sale. ~!e will prepare Bid Forms, Notice of Sale and an Official Statement for distribution to all interested bidders. It is understood and agreed that for our services and expenses in connection herewith, we are tobe paid a fee of one (1) percent of the par value of the amount of bonds actually issued and sold, at the time of delivery to the successful purchaser~ It is mutually asreed that out of the fiscal fee we will pay all necessary expenses, Including cost of calidation, bond printing, ad- vertising, preparation of the Official Statement and the fee of the approving attorneys, but not including the fee of your City Attorney nor the cost of the referendum. It is further understood that if there is any substantial change in the~amount of the financing from the presently estimated cost, $2,200,000., the terms of this agreement will be adjusted on a mutually satisfactory basis. Your acceptance of this Agreement by Resolution will constitute a contract between us for the above described employment." B. J. VAN INGEN & CO. INC., By /S/ Fred B. Clark McCREEDY & COMPANY, INC. By/S/ C.T. McCreed~ City Manager Lawson read the following "Reports" from the Plan- ning/Zoning Board: 1. RE: 'Deviation' request of Mr. John D. ~r~ells Jr., April 8th "With reference to 'Deviation' request of Mr. John D. Wells Jr., relative to set-back requirements on Lot 22 of SU~DY & TENBR00K S/D, Pi. Bk. 12-82, the Board finds the Lots of said SUNDY & TENBROOK S/D, as platted in 1925 to be~unreasonably small, namely, approximately 48 ft by ?3 ft. The Board, therefore, recommends a 'Deviation' to permit a single family dwelling on this R-lA zoned parcel of land, as follows - ~0 ft Set-back from Centerline of S.W. Ath Ave., extended; 12~" " " S. W. Ath Street; ~and 8 " " " the South and West property lines;~ Said deviations applicable only to Lot 22 of said SUNDY & TENBROOK." On motion of Commissioner Croft, seconded by Commissioner McNeece, the Council unanimously sustained the recommendation of the Planning Board and ~pproved the 'Deviation' request, described above, of Mr. John D. Wells Jr. REPORT BY 2. Planning Board of April 8th, concerning a "Zoning Change" request from Mr. &Mrs. Ezra A. Brahms, relative to a part of the South- half of Block ll, previously refer~ed to the Board, by the Council, for a Public Hearing thereon: "The Board received objections to such proposed zoning from Mr. Spencer Pompey, who, speaking for the general area as aw hole, and APRIL 13th, 1959. specifically for the DelraY Beach Civic League, protested any down grading of lands in the general area and particularly objected to an.v further son'~ng, in the V~est sector of town, to R-3 ciass~cation. Mr. Brahms then withdrew his 'Zoning Change ~equest' and agreed to submit a sketch ~roviding for subdividingthis parcel of land and recognizing R-2 zoning as now exists." The Council, on motion of Commission McNeece and seconded by Com- missioner Harbison, unanimously approved acceptance of the Board's action concerning the 'Request' of Mr. & Mrs. Brahms. 3. RE: 'Deviation' Request of THE FIRESTONE RUBBER C0~ANY. ~ereas the Planning Board 'Report' of April 8th, recommended granting the deviation request of The Firestone Tire & Rubber Co. concerning Sign set-back on their anticipated NE~V locati.on on t.he S.E. oorner of South Federal ~ .and Second street, the Councxl.un.an~mously agreed, on motion by. Commxss~oner ~arren, seconded by Commass~oner McNeece, to table th~s request for further study. ,.!. RE: Zoning Change Request of Dr. ~r. C. ~Villiams Jr: "A public hearing was held in the Planning/Zoning Board Offices on Tuesday, April 7th, concerning the request of Dr. V~. C. ~;~illiams J.r., for Rezoning V~ILL.IA~$ .SUBD.IVI.SION from. C-3 (Wholesale Distribu- txon and Ligh~t Industrial D~str~ct) to R-2 (One an~ Two Family Dwel- ling District). . The Zoning Board unanimously approved recommem~ation, to the Council, for granting the 'Request' .of Dr. W. C. Willia~.s and the Re- zoning of WILL.IANS SUBDIVISION.from ~ts.pres.ent C-$.Zon~ng Classifi- cation to R-2 (One and Two Family Dwelling Dxstrict) On motion of Commissioner Harbison, seconded by Commissioner Warren, the Council unanimously app.~ove~ the Resoning of ~.~ILLIAMS SUBDIVISION to R-2 (one and Two FamAlty i~velling District) as recom- mended by the Zoning Board. The City Manager then read - ORDINANCE NO. G-314: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O~ DELRAY BEACH, FLORIDA, REZONING AND PLACING IN "R-2 ONE & TWO FANILTY DWELLING DISTRICT" %,VILLIA~S S.L~BDIVISION, Delray Beach, Florida, WHICH LIES IN THE NORTHWEST QUARTER OF LOT 7, SECTION 17-46-45, AND A]~ENDING "ZONING I~{AP OF DELRAY BEACH, FL~RIDA, 1956". The Council, on motion by Commissioner Croft, seconded ~y Comm~s- ~ioner McNeece, unanimously agreed on placing O~dinance No. G-S14 on ~'irst reading. .,,. RE: The Request of Att'y. J. ~U. Nowlin, on behalf of Mr. Henry A. Hildreth, for permit to construct a low wall along a por- tion of the south boundary of his property at 320 South Ocean B ouleva rd: The Planning Bo.ard, under date of April 8th, recommends Enforce- ~ent of Ordinance G 234, concerning erection of .Walls, Fences, etc., · ~.s reflected in the following "EXCERPT" from Section 29 - 7.6, Sub- section 6 thereof: "~In any residential dist.rict no fen. cas or structure or planting shall be maintained w~thin 20 feet of any corner street intersection". Followinz a ~eneral discussion of the Planning Board's report con- cerning the-'Re~uest' of Att'y. Nowlin, the City Manager was requesta~l to read the folIowing Ordinance, which, previously, had been tabled for consideration: A APRIL 13th, 1959. ORDINANCE NO. G-B13 AN ORDINANCE RELATING TO ZONING: REPEALING SUBPARAGRAPH (6) OF SUBSECTION 6 OF SECTION ? OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA. The Council, on motion of Commissioner Croft, seconded by Commis- sioner Harbison, unanimously approved placing Ordinance No. G-313 on first r~e.ading. Said Ordinan?e G-313 provides for Repealing Section 29-?.6(6) of the Code of Ordinances, which Section prohibited any hedge, shrub, wall or structure of any kind which would obstruct the vision from being maintained or erected more than three feet in height measured from the crown of the road parallel to such hedge, shrub, wall or structure for a distance of twenty-five feet from a property line on a corner. 6. The Planning Board, under date of March BOth, reported having studied the propos.al for annexation of certain lands in the Lake · Ida area, as outlined in a letter from Mr. Joe R. Kern dated March 18, and unanimously approved being on record as favoring and approving the comprehensive plan of annexation as submitted by Mr. Kern. Commissioner ~arren moved that study be made of the plan, as sub- mitred by Mr. Kern, and that a special meeting of the Council, with ~r. Kern, be a.rr.anged for the purpose of considering, individually, the five 'Condztzons', relative thereto, which are as follows; 1. Definite commitment for the City to make Lake Ida Road arterial and widen same to U. S. #1. 2. Cooperation of the City in getting new access to Atlantic Ave. 3. Ten-year moratorium on taxes until lots are platted and sold. 4. No assumption of bonded indebtedness by the property involved. §. Recognize the present County ~.ater and Sewer franchise. Motion was seconded by Co~missioner McNeece and unanimously passed. ?. Concerning the proposed annexation of the Glenn-Moore Hertz and the Kabler properties, located in the S.W. Quarter of Section 20, Twp. 46 South, Rang.e 43 East, Att'y. Neil E. l~acMillan reviewed his letter to the Counczl, dated April 8th, wherein the property owners indicated their willingness to revise their original request for industria.1 zonin~ of said lands to C-2, following a conference with the Plannzng/Zonlng Board, which Board, under date of Jan. 9th, did recommend annexation of this property, consisting of approximately 28 acres, with C-2 zoning. Commissioner Harbison moved that necessary steps be taken to pro- vide for annexation of the Glenn-Moore Hertz and the Kabler properties, as recommended by the Planning/Zoning Board, and subject to the owners of said lands providing for dedication of necessary R/W for the west- ward extension of S.W. 10th Street as now being planned by the City and the Planning Board in its over-all develgpment of the Southwest sector of the City. Motion seconded by Commissioner Warren and unan- imously agreed. 8. RE: Request for Rezoning by Mm. I. Irving Moss - Part of Block 2. "The Planning Board, under date of March 80th, reported having held a public h. earing concerning the request of Mr. Moss for Rezoning from R-lA to R 2 the North 32? feet of the East 155 feet of Block 2, P1.Bk. 1-3. The Board recommends that this request be denied in view of the feeling the Civic League and others desire this whole area of R-lA APRIL 13th, 1959 to remain as is. Furthermore, such a change would result in spot- z chang." The Council, on motion of Commissioner CrOtt, seconded by Comm~s- sione.~ McNeece, unanimously approved .deni~al .of Mr. Mosses Request for rezonlng, as recommended by the Planning/Zoning Board. 9. RE: Rezoning Request of Mm. Frank Dooley - Carver Memorial Park. m? the request of Frank Dooley to rezone from R lA to R $.the ~iest'~ half of Block A and the East half of Block B - Ca~ver Memorial Park. Fifty-one people were notified and seven appeared, four definitely opposed and two favoring the request. - Mr. I..C..Smith of the Civic League and M~. 0zie Youngblood pre- sented convlncxng evidence that this area is very anxious to maintain a single family residence status ir. this whole area, and that the res- idents there want to raise the status rather than let it fall in any way. It was moved, seconded, and unan4mously.app.roved that the re- quest to rezone be denied in view of the ob3ectlons heard." The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, unanimously agreed on sustaining the recommend- ation of the Planning/Zoning Board, and to deny the .request of Mr.. Dooley for rezoning any portion of Block."A" or "B" in Carver Memorial Park. 10. RE: Planning Board Report, dated Ymrch 30th, concerning the Re- zoning Request of Mr. James Kirkwood Jr. "The Board advises of its intent to institute a public hearing for the whole area from S.E. 2nd Street to S.E. 10th Street, from Federal Highway t.o the Alley west of S.E. 5th Avenue, to consider a chan~e from existing R-lA and R-3 to C-2, due to prouosed Southbound U.S;.~ traffic to 5th Avenue," and. that N~. Kirkwood'~ uroperty lies within this area and therefore w~ll be considered in Z~e over-all study and recommendation to follow." On motion of Co.m~issioner ~cNeece, seconded by Commissioner Harbison, the Council agreed on acceptance of the Board's 'Report'. .il. RE: Deviation Requests from Mr. Joe H. Fleming and l~r. A. George. "T~e Planni.ng Board, u~der date of March 30th' approved waiving of parking restrictions as now set forth in Ordinance G-22~, in these two hardship cases, and that a deviation therefrom be extended to Mr. Yleming's property on the S.E. Corner of Fe~deual Hwy., and Atlantic Avenue and to Nr. George's property on th~ S.E. Corner of S~E. 4th Avenue and At].antic Avenue, subject to ~ch property pro- riding for 20 feet of parking facility on the narrow width of the property at the rear of each parcel of land.". The Council, on motion of Commissioner Croft, seconded by Commis- sioner McNeece, unanimously agreed on acceptance of the recommenda- tion of the Planning Board, and approved said Deviations as outlined in the Board's report. City Manager Lawson read - RESOLUTION NO. 1177. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE COUNTY CONMISSION OF PAI~ BE~.CH COUNTY, FLORIDA, TO DEED AND CONVEY TO THE CITY OF DELRAY BEACH CERTAIN LANDS IN AND ADJACENT TO lAKE IDA FOR RECREATIONAL AND I~UNIC IPAL PURPOSES. Commis.sioner Warren moved that in view of the many conditions contained in Proposed Resolution No. ll??, that a Public Hearing be provided in order that the public may know of the intent and reason of the City for procuring such lands, and further be advised of the various conditions relating to possible use of such lands. Notion was seconded by Commissioner Harbison and upon Call of Roll - Commis- sioners Vfarren, Harbison, Croft and NcNeece voted in favor thereof, Mayor Talbot being opposed. The City Manager submitted a letter received from Radio Station ~f D B F, concerning the Station's desire to erect Radio Towers on the Delray Beach Country Club grounds. The Council, on motion of ~ommissioner ~Varren and seconded by Com- missioner Harbison, approved referral of the 'Request' from ~DBF to the Planning Board for study and recommendation. City Manager Lawson then read the following letter: BROCI~VAY, WEBER &- BROCI(~VAY April 2nd, 1959. TO CITY NANAGER: "Reference is made to our recent conversation with you and Mr. Mark Fleming regarding engineering service for preparation of plans, specifications, and for supervision of the proposed sewage collection and disposal system for the City of Delray Beach. You will recall we indicate.d to you our interest to work with the City of Delray Beach on th~s project. ~e further indicated to you the fact that we felt because of our close proximit.y to the City of Delray Beach, this firm will provide a degree of servmce to the City which would be dif- ficult for a remote located engineering organization to offer. I believe you are aware of our past experience in the municipal and private sanitation field and of the numerous projects for which we have designed and supervised construction. V~/e are most anxious to work with the City in obtaining a solution to your present sewage disposal problem and we feel that our organization will be of parti- cular benefit to the City. In connection with this we ~vould like very much to meet with the City Commission and you to discuss briefly, possible design consid- erations to provide maximum construction economy. Should the City desire to consider this firm, we will be pleased to meet with you and the COmmission at your convenience." /S/ CltiRLES A. ANDERSON Commissioner ~cNeece moved that the above matter be tabled for further consideration. Eotion was seconded by Commissioner Croft and upon Call of Roll - Commissioners McNeece, Croft and Harbison, together with Mayor Talbot, voted in favor thereof, Commissioner V~arren being opposed. The Council, on motion 'of Commissioner ~arren and seconded by Commissioner Harbison, unanimously agreed that ~r. Anderson's letter be acknowledged and that Brockway, ~-~eber & Brockway be advised that they will be given consideration at such time as Engineering Services are required. The City Manager presented the request of Att'y. J. Clinton Scott relative to obtaining rezoning of approximately two acres of land, now ~.oned R-2~ a.nd located in Section 19, and owned by Atlautic In- dustrial Properties, Ltd., which is part of a parcel of land in said ~rea of about fifty acres owned by Atlantic Industrial Properties, the remainder of which tract is zoned C-8. The City Manager then read - ORDINANCE NO. G-315. AN ORDINANCE OF THE CITY OF DEbUssY BE~CH, FLO?~IDA, REZONING AND PLACING IN C-$ (~.~{OLESALE DISTRIBUTION AND LIGHT iNDUSTRIAL DISTRICT) M{ IRREGUI~R PARCEL OF LAND IN THE EAST-HALF OF THE NORTHEAST QUARTER OF SECTION 19, TO~I~SHIP 46 SOUTH, R~NGE 43 EAST, LYING BET/~EEN S.W. 20TH AVENUE AND THE YESTEHLY R/V~ LINE OF THE SEABOARD RR., PRESENTLY ZONED R-2. APRIL 13th, 1959. The Council, on motion of ~Oommissioner Warren and seconded by Commissioner McNeece, unanimously approved placing Ordinance No. G-SI§ on first reading. City Manager Lawson then read - RESOLUTION NO. 1175. A RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER 15 OF THE CITY CODE OF (RDI- NANCES. On motion by Commissioner V~arren and seconded by Commissioner Croft, the Council unanimously approved the Adoption of Resolution No. 117~ on first and final reading. (See Pages 82-A & 82-B for Copy of RESOLUTION NO. 1175.) The City Manage, then r,.ad - RESOLUTION NO. 1178. A RESOLUTION OF THE OITY OF DELRAY BEACH DEDICATING lANDS IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~OR PUBLIC HIGHWAY PURPOSES, :~ND R~SERVIN~ REVERSIONARY RIGHTS THEREIN. The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, unanimously agreed on dedication .of the .East feet o.f the East half of Model Lan.~ Company's Lot~ 28 ~n S~ect~on 20, Townshxp 4~ S. outh, Range 43 East (Oity Owned Land) for R/W purposes. (see Page ~2 c for copy of RESOLUTION NO. 1176.) Administrative Assistant J. Stuart Campbell then read ORDINANCE ~NO. AN ORDINANCE RELATING TO THE BUILDING CODE OF DELSEY BEACH, FLORIDA, AMENDING SECTION 9-3 OF THE CODE OF ORDINANCES OF DELRAY BEACH TO PERMIT ERECTION OF SHEET METAL COVERED BUILDINGS. On motion of Commissioner ~arren an~ seconded by Commissioner Harbison the Council unanimously approve~ the Passing and Adoption of Ordinance No. G-303 on this second an~ final reading. (See Page 82-D for copy of OHDINANCE NO. G-303) Administrative Assistant J. Stuart Campbell then read ORDINANCE NO. (~-~06 AN ORDINANCE OF THE CITY OF DEL93~Y BEACH, FLORIDA, IEV¥ING THE ASSESS¥~ENTS AS SHO~ BY THE ASSESSMENT ROLLS SUBMITTED BY THE CITY MANAGE~ OF SAID CITY, CONCERNING THE CONSTRUCTION OF STORM DRAINS IN SECTIONS "B", "C", "D", "F", "G", "N", "I", "J", & "K", AS SHG;~I~ ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1888, TOGETHER WITH INSTALLATIONS OF CATCH BASINS, MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION ~,~ITH SUCH STORM DRAINS. City Manager Lawson then read a letter from Mr. ~illiam C. Burton Secretary-Treasurer of Sandoway East, Inc., dated April 18th, wherein Mr. Burton preteste.d the.proposed levy of assessments fo~ the ira- . provements as contained xn OrdinanceNo. G-$O~, "Excerpts" from sa~d letteP are as follows: "As a large tax payer of the City of Delray Beach, I resent action of the Council in overriding protests of substantial tax pay- e.r~ at their 1.ast meeting and.proceed.~n$ without fu~.ther investiga- tion to determine definitely ~f the c~t~zens were r~ght or wrong but rather accepting the engineers' statement as being correct without question. I respect.fully request.that b.efore the Council~]?as.ses any law or assessment bxll of.such sxze a. ga~nst so many complainxng tax payers that the Council wxth their C~ty enzineering force investi- gate the numerous complaints and make public their findings".~ APRIL 13th, 1959. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimously approved, upon Roll Call, Passing an~{ AdOption of Ordinance No. G-SOS, on this second and final reading. (See pages 82~E thru 82-U for copy o£ ORDINANCE NO. G-306.) A~nistrative Assistant Campbell then read ~DI~NCE NO. G-807. AN ORDIN~CE RE~TING TO ALCOHOLIC BEVE~GES: ~E~ING SECTIONS 4-8 A~ 4-7 OF T~ CODE ~ ORDINANCES OF THE C~Y OF DE~AY BEACH, F~., TO ~OVIDE FOR THE SALE OF LIQUOR ~ THE ~?EST H~ OF BL~K 82 OF THE CITY OF DE~Y B~CH, F~. The Co~cil, on motion of Co~issioner ~ar~en and seconded by Co~issioner Croft, .~animously agreed, by Roll Call, that O~dinance No. G-807 be Passed and Adopted on this second and final reading. (See Pages 82-V & 82-W for copy of ORDINANCE NO. G-307.) ~ March 12th, 0~dinance No. G-308, p~oviding for proposed zon- inEchange from the present C-1 (Limited ~o~ercial District) to C-~ (Special Li~ted Co~ercial District) was placed on first read- i~ and a public hea~ing thereon was scheduled and advertised fop the regular meeting to be held on Monday, April 1$th, 1~5~. The zrea concerned in the proposed zoning change incorporates the fo~ corners of Federal Highway and Atlantic Avenue. Att'y. J. Clinton Scott, speaking on behalf of ~. George M. Boughton, o~ne~ o~ ~he Colony Hotel, referred to his letter of ~rch 18th, where~n def~nzte protest of such Rezoning was conta~ed. ~. Bo~hton, addressing the Co~cil, vigorously object to any such proposed zoning change and referred to Ordinance No. G-207 pro- hibiting erection of Service Stations on Atlantic Avenue east of V{[est Second Avenue, and furthe~ co~ented on the ~eighborly and in- considerate operation of the present Standard Oil Station on the NE corner of Federal and Atlantic, ~. Paul Sanderson cited the.ma~ favorable f~ctions of the 9tandard 0il Station referred to, and n~ely, the clean, public rest rooms, so badly needed in any city, and the dispensing of mope pub- lic infor~tion, ~equested by tourists, than any other one source. Att y. Nell E. ~cMiltan submitted a sketch of the proposed re modeled Standard Station, as prepared by Nr. Thames, and f~ther com- mented on such an attractive station beautifying this corne~, which, heretofore, due to the Muddiman property, has been an eye sore, and that this t~e of business does not create any Atlantic Avenue pa~k- ing problem. Co~issioner Ha~bison moved that, in as much as there apparently was not proper procedure in the notification to the public of such propqsed zoning change, th? matter again be referred to the Plan- ning/Zoning Board fo~ holding of a public hea~ing concerning puc- posed zoning c~nge of ~pecifical~y identified ~nds from C-1 (Limi- ted Cg~?cial District) to C-~ (Special Li~ted Co~ercial Dis- trict) wxth p~oper notification to all concerned.· Notion seconded by Co~issioner NcNeece and upon Call of Roll - Co~ssioners Harbi- son and McNeece, together with ~yor Talbot, voted in favo~ thereof, Co~issione~s C~oft and Wa~en bei~ opposed. A~nistrative Assistant Campbell then ~ead ORDINANCE NO. G-SIO: AN ~IN~NCE OF THE ~C~TY CO~C~L OF THE C~Y OF DE~Y BE~CH, FLORID~, REZONING AND P~CING L~S 1 T~U 8, BLOCK ~, SO~H- RI~E ~ "C-2 GENE~L CO~ERCIAL DISTRICT" ~.ND L~S 8 T~U 10, BLOCK A, SO~HRI~E ~ "R-B E~T~PLE F~NILY D~LLING D~STRICT" AND ~ING "ZONING ~P OF DE~Y BE~CH, FLOR ~DA, 1~8". BE ~T ORDAINED BY T~ C~TY CO~CIL OF THE CITY OF DE~Y BE~CH, FLOR~A: SECTION 1. That the following described property in the City of 'APRIL 13~h, 1959. Delray Beach, Florida, ia hereby resorted, as defined by Chapter 29 of the Code of Ordinances of the City of Del~ay Beach, Florida, to-wit= Lots 1 thmu 5, Block 4' SODTHRIDGE in "C-2 District and LOts 6 th~u 10, Block 4, SOUTHRIDGE in "R-3" District, according to Plat Book 13-38 on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date ef this Ordine~ce change the "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956", to cenf~x~mwith, the previsions ef Section 1 hereof. PASSED in regular sessien en the second an~ final reading en this the 13th day ef April, A. D. 1959. /s/ GEORG TAL 0T Mayer The Council, en motion ef commissioner Wamren and seconded by Commissioner Harbisen, unanimously approved, by Roll Call, the Pass- ing and Adoption ef 0rdin~nce Ne. 4-310 en this second and final reading. Mr. Campbell then'read - ORDINANCE NO. G-311~ AN ORDINANCE OF THE CITf C0~NCIL REZONING AND PLACING IN "C-2:'GENERAL COMMERCIAL DISTRICT" AL THAT PART OF THE EAST HALF OF BL$CK 19 LY- ING SOUTH OF NORTHWEST SECOND STREET TO A POINT 135 FEET NORTH OF NORTHWEST FIRST STREET: AND ALL THAT PART OF THE WEST HALF OF BLOCK 27 LY- ING SOUTH OF NORTHWEST SECOND STREET TO A POINT 153 FEET NORTH OF NOR~WEST FIRST STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1956". . BE IT ORDAINED BY THE CITY C0~NCIL OF THE OITY OF DELRAY BEACH, FLORIDA = SECTIONL1. That the following described property in the City ef Delray Beach,~Flerida, is hereby rezened and placed in "0-2 General Commercial District", as defined by Chapte~ 29 ef the Cede ef 0rdi- nances ef the City ef Delray Beach, Fle~ida, to-wit= Ail that psmt ef the East half ef Block 19 lying South ef Ne W. 2nd Street tea point 135 feet North ef N. W. 1st Street; and all that part ef the West half ef Block 27 lying South ef N. W. P. nd Street tea point 153 feet Nerth ef N. W. 1st Street, Delray Beach, Fla., according te the plats thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the "Zoning Map of De]may Beach, Florida, 1956", to conform with the provisions of Section 1 hereof. .' PASSED in regulam session on the second a_nd final reading this 13th day of April, A. D. 1959. /s/ E0,RGE TA 0? On motion of Commissioner Hambison and secnnded by Commissioner Wamren, the Council unanimously passed Ordinance No. G-311. Mr. Campbell then read - ORDINANCE NO. 4-312. 'AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF. DELRAY BEACH, FLORIDA, REZONINGAND PLACING LOTS APRIL 13~h, '~9%9. 77 11 THRU 44, BLOCK 45 IN "C'I" DISTRICT, AND A~{ENDING "ZONING ~{~P OF DEIRAY BEACH, FLORIDA, 198~5". BE IT ORDAINED BY THE CITY COUI~CIL OF THE CITY OF DELRAY BEACH, FLOR IDA: SECTION 1, That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "C-1 Limited Commercial District", as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, Florida, to-wit: Lots 11 thru 44, Block 45, Delray Beach, according to the plats thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of sa,i,d City shall upon the effective date of this Ordinance change the "Zoning Map of Delray Beach, Florida, 1956", to conform with the provisiOns of Section 1 hereof. PASSED in r.egular session'on the second and final reading on this /..~'~th day of April, A. D. 1959. /S/ GEORGE TALBOT JR., .... Mayor On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Council unanimously approved the PASSING of Ordinance No. G-S12. City Manager Lawson informed the Council 'of having received request from Mr. Ernest Deutsch for increased rental charge of his building on Lot 18' Block 77, now leased to the Civic Center for Youth activities. Commissioner Harbison advised of having recently inspected this building and as a result thereof does not feel it is suitable nor ap- propriate for use by the Civic Center organization, and moved that no action be taken, at this time, for providing increased rental charge for this property, and, further, that the Czty Manager and Recreation al Director be requested to study the area and need for a more suit- able Civic Center and submit a recommendation, concerning their find- ings, to the Council. Motion seconded by Commissioner McNeece and unanimous ly agreed. On motion of Commissioner Warren and seconded by Commissioner McNeece, the Co.uncil ~u~.animously approved reque.sti.ng the City Mana- ger and Recreatzonal Dzrector to study the posszblzty, and available, as well as suitable property, for recreational use as a Roller Skat- ing rink. The City .N~.nager submitted to the Council a letter from the City Attorney relative to the suit of Henry Gordon verSus the City of Del- ray Beach, which is as follows: TO- CITY ~{ANAGER Marc~ 19, 1959. As you wzll recall, Henry Gordon and hzs wife brought suit a gainst the City in 1957 for damages alleged in the sum o~ $8,000°00 by reason~ of rain water having overflowed in and upon his property on N.E. 2nd Avenue. He alleges that the City is responsible by reason of the.City negligently havi.ng permitted the dumping of additional water (other than rain water) into the drainage system, thereby over- ng the facilities and causing the overflow. taxiThe court has overruled the motion to dismiss made on behalf of the City, which means that if plaint, iffs can prove at a trial such negligence on the part of the City (or that the acts complained of a- mounted to negligence), then in such event a recovery would be al- lowed of such losses as plaintiffs can prove. 11 Beach, is he~'e' , as de f: ~ter 29 o ,~ of of the of Delray , to-wit Lots 'u 5, Block 4 E in" and thru 10, Bi SOUTHRIDGE in " ~ Dis 'ict, ~cording 18-38 on fi in Office the C ~rk of Circuit Court for Palm 2. That th . ~g Insp of said upon. the date of Ordinance the "ZO DEL RAY , to conform the ~ ' Section 1 he on the d final this lSth day The Counci~ motion of C, ' ~]arr, .nd seconded ' sioner , Call, the and Adop' on of e on th and fina~ lng. ~bell then AN ORDINANCE THE ~ITY RE~ONING PLACING IN" GENE~IL '.IAL DISTRICT" ALL THAT THE EAST HA BLOCK 19 LY. lNG SOUTH SEC( ~EET TO A PO .$5 FEET STREET: OF WEST ~LOCK 27 ~- OF TO NORTH OF ~STFIRST AND "ZONING MAP 5ELRAY , BE IT OR! BY THE IL OF THE DELRAY 1. in the of Del .ch, reby fez Comme .1 District", by of the Ordi- nances ~f the City of .raY Beach, to-wit: part of half of . 2nd Stre~ 135 and all of the st ~f of Blo~ of 2nd a poi~ 158 f~ of Fla., a~ to the  lats the on file in of the the i~cuit C, in and for Beach ~ounty, .rida. SECTION 2 the Inspector of City ~hall he effectiv of this Or ce ach, · Flor iS", to ~ith eof, in re sess ,on'on ..f~ this ~f Apri GEORGE of ioner Ha~bison seconded by ~ioner Wa Council passe~ .nance No. Mr. - G-$12. AN OF OF OF AND LO~S Plaintiff's attorn.ey, Charles Byron, Esq., has made an offer to ~~ settle plaintiffs' claims for an amount eq.u~.l to the special assess-' ment levy now due from plaintiffs to the ~Clty upon Lots 8 and 9, Blk. 78 owned by plaintiffs (which would be ~applied ~z~. satisfaction and cancellation of such special assessment). The C~ty Clerk can advise what that amounts to in money. . . In support of such offer~, plaxnt~ffs have submitted an affidavit as to their losses as a result of such overflow. Other than this af- fidavit, I have no proof of damages. This is submitted for council consideration, which may be either refuse such offer, or authorize acceptance and payment upon obtaining full and complete release. /s/ Him T. The Council, on motion of Commissioner Croft and seconded by Com- missioner ~arren, unanimously agreed, upon Call of Roll, to refuse the compromise offer of Mm. and Mrs. He~ry Gordon. City Manager Lawson submitted the f~llowing 'Report', as lrevious- ly requested by the Council, concerning the amount of Street improve- ment accomplished during this fiscal ~ear: I. Streets regra'ded by city forces ar~ paved with l" asphaltic con- crete; $,$A0 lin. ft. or 15,$$9 Sq. Yds.. Approx. Cos~ $1S,800.00 2. Streets regraded by city forces and read~ed ~o be paved with 1" asphaltic.concrete; · ?,?00 lin. ft. or 18,819 Sq. Yds., at a total cost of approxzmately $11,000.00 . The total expenditure to date - - $$8,000.00 Not included in the above figure is 12,800 lin ft or 83,80.0 Sq. Yds., of newly, constructed, streets built by contractors in the c~ty and as- sesse.d, .~n-part, against the property owners. Total cost of this item $48,000.00 Co~issioner Warren moved for acceptance o~ the Report as submitted by the City Manager and, further, that the City follow through on the three year program .for .sidewalk improvement, as.recommended_by the Manager, cost.of which ~s anticipated to approxxmate $17,000.~ of which amount $8,000. is provided in the current Budget and necessary amount for completion of the program will, likewise, be provided in Budgets for the following two fiscal years. Motion seconded by Com- w. issiOner Croft and upon Call of Roll - Commissioner ~Jarren, Croft and Harbison voted in favor thereof, Commissioner McNeece and Mayor Talbot being opposed. The Council, on motion of Commissioner Croft and ~econded by Com- missioner Warren, unanimously approved payment of Bill~, submitted by the City Manager, as follows and subject to the approval of the Fi- nance Committee Total Checks (All Funds) $ ?$§,018.99 " Payroll(Disburse.) A7,884.42 City Manager Lawson informed the Council of a desire, for possible ~se as a sanitary land fill site, to enter into an agreement, by a ~ease, approve.d by the City Attorney as to form, with the owners Of certain lands ~n the S.W; part of town, namely, Lots Eleven through Thirty, in Carver Square. On motion of Commissioner Harbison and seconded by Commissioner Croft, the Council unanimously approved authorization for execution of the 'Lease', submitted by the Manager, providing for the Lessee to Use the abov.e identified lands as a gar.bage disposal area during the two year ~erxod which is the term of thxs Lease, at the expiration of w~h~ch per~od the Lessee agrees to return said property to the Lessor. Sa~d property is low and in need of fill, due to whi.ch fact the Less- ors have .agreed that there shall be no monetary consideration for the use of said lands. APRIL 13th, 1959. Following discussion on the 'Application' of Sunny South Elks Lodge #671 for a "Liquor License" a% thei~ C~ub lo?ted on the Club's owned property - 19 S.W. 9th Avenue, Commissioner ~,'.%rren moved that said application be approved and License granted. Motion was seconded by Commissioner Croft and upon Call of Roll - Commissioners Warren, Croft and Harbison voted in favor thereof, Commissioner McNeece and Mayor Talbot being opposed. City Manager Lawson informed the Council that Mm. Winston Carleton of the Florida S,R.D., has requested the Council to pass a resolution stating that the City will definitely pay the additional cost incurred by increasing the size of drainage outfall lines from the proposed improvements on the new Federal Highways through Del~.ay Beach, due to the addition of an extra amount of water from drainage areas with- in the City which would not normally be the responsibility of the SRD ~o drain. The Council requested the Manager to prepare a ResOlution, for ~onsideration by the. Council, to provide for such City participation as the Manager and City Attorney determine to be in order, and in ac- cordance.with the suggested conditions as outlined in the request of ~he Florida State Road Department. - The City Man, geT read a letter, dated April lSth, fromMr. Roy L, .~alamia.who represents a syndicate owning approxim~.tel¥ 1~40 acres of ~and lying in the County to the Southwest of the city l~mlts, of which amountiMr.~Calamia advises there are about 650 acres which the City might desire to annex .at this time while.there is but one. ownership, further stating that if~the property became subdivided, platted and sold in parcels, it would be difficult to effect.annexation at a later date. Mr. Calamia's letter was accompanied by a detailea~sketch of the land involved. The COuncil, on motion~.of Commissioner Warren and seconded by Commissioner McNeece, unanimously agreed that the City should solicit the cooperation of the County Commission for a R/~i~ across State Road 9 for a westward extension of S.W. lOth Street, and to advise the Commission of the City's intent to work with the Seaboard Railroad for a crossing of the Railroad property at that point toprovide ac- Cess to ~he West, and further, to seek proper Crossing Gates and Lights in connection therewith. The Council further requested the City. Manager to arrange a meet- lng with.the Planning Board for ~oint consideration of the proposal . by Mr. Calamia who should also be requested to ~e present, such meet lng to be scheduled forA:SO P.M.,.Tuesday, April 21st, following a Public Hearing by thePlanning/Zon~ng Board to be held at ~:00 P.M, · that day and concerning rezoning of certain lands to C-lA. · Mrs. William Pfundston appeared before the Council, accompanied by Mr. E. D. Dorwart of the Sea-AlTo Plastics, Inc., Boca Raton, seek- a permit~to enable her to erect a Sign on the west side of the Hamp-~ ton Apartments. Mr. Domvart advised of having received an order for ~s~nufacture 9f Sign LetterS.from Mrs: Pfundston mar~vmonths prio~ to date of application to permit such s~gn construction and submitted a ohetch of' the proposed and desired sign showing size of letters. The Council, on motion of Commissioner Talbot, who ~elinquished ~he Chair to V~ce-Mayor McNeece, seconded by Commissioner Croft, unan- f.mously agreed that Mrs. Pfundston be requested to provide the Council ~?ith a sketch, drawn to scale, showing the Building, the proposed Sign :~.nd the Location on the building where the sign ~s desired to be loca- ted, its exact height and position on the building to be reflected on the sketch, in order that the Council may determine if the~proposed Si~n would be in v~olation of past or present ordinances wi~h due con- si~eration being given to all factors relating to the application of Mrs. Pfundston ~or the erection of a Sign on The Hampton Apartments. ~r. Roy O. Brady, of 286 N. E. 10th Street, addressing the Council~ cited the many Zoning Change Requests he had noted in recent News Pub- lications for additional Commercial Zoned Areas in the City andsug- APRIL 13th, 1959. gested that the City ~hould provide for a Survey of the many yacant parcels of land now within such Zoned area, and encourage their de- velopment. CouncM~i~ Brady expressed a belief that such a Survey might cause the to determAne there was no need for further cemmercial zoned lands, further stating that there appeared to be an excess of com- mercial zoned districts as compared to residential areas. MEETING ADJOURNED: AP~OVED: ..... ? Co',l::~c.l]. t t' ~ Sea < ng C, 0 0 'th of ' ch, a~ ' 50 ' at right 4, ~' there, part Nor~ ' d! Lot 6 .An ,,1:37 98 Hq. Ft. IB 18,",~,{ ' Cost 1,~. ,, 10 ~, 0,3,:)