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06-08-59 ~ 8TH, 1959, A Regular Meeting of the City Council was held in the Coun.cil Chambers at 7:$0 P.M., with N~yor George Talbot Jr. in the Chair: City l~.nager ~V. E. Lawson Jr., City Attorney. Harry T. Newett and CommAs- sloners J. LeRoy Croft, Charles H. Harbxson, 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 Council Meetings of May 28th and 29th. City Manager Lawson referred to the May llth Council meeting and .to the .Council's req.uest for taking preliminary steps toward obtain- ~.ng Engineering Services for.a proposed Sewage Treatment and Collec- tion System, and further advised that during the past two weeks he has prepared a chronological history of 'Agreements' with, and work furnished by, Smith & Gillespie. The Manager further informed the Council that Mr. Gillespie, of Smith & Gillespie, claims existence of a continuing contract with the City of Delray Beach for supplying engineering services, which, how- .eve.r, may.be terminated by either party thereto if both parties find it ~mposs~ble to agree on prooedure. C.omm~i:ssioner McNeece ci.ted the fact that, according to r.ecords, practically every Council s~nce 19445 has talked of, and consxdered s.urveys for, Sewage and Disposal Systems, w.hich the Commissioner be- lieved to be premature and moved that the C~ty of Delray Beach, thru the City Manager, prepare Plans and Specifications for a complete Sewage a.nd Disposal System. Motion seconded by Commissioner Croft and unanimously passed. City Manager Lawson was then requested to obtain, when said 'Plans and Specifications' have been established, proposals for providing en- gineering services in connection with a Sewage and Disposal System from Eng~neerxng fxrms, qualified for supplyxng such serwces, loca ted in this general area and to include Smith & Gillespie. The City N-nager then submitted BIDS received for a Tractor and Mower, as follows: DeN~rco Tractor & Implement Co., (Massey-Ferguson Tractor & Bush-Hog Mower) $ 3,295.00 Sriver Tractor & Drillin~ Co., (Ford's Model 841 - Tractor & Bush-Hog Mower) $ 2,?80.00 On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously approved purchase of a "Tractor & Bush-Hog Mower from the low bidder. City Manager Lawson informed the Council, relative to proposed ex- tension of S,W. 10th Street and crossing of State Road 9, that, thru verbal conv.ersation, it_had been determined that a request for a temp- orary crossxng of.said State Road 9 should be made, and submitted the following Resolution prepared for that purpose: RESOLUTION NO. 1185. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PETITIONING THE COUNTY CO~MISSION OF PALM BEACH COUNTY TO TAILE .~LL ACTION NECESSARY TO EXTEND S. W. 10TH STREET ¥~EST FROM E)~ISTING CITY LIMITS ACROSS STATE ROAD NO. 9 RIGHT-OF-WAY. WHEREAS, the sole means of access west to Militamy Trail from the City of Delray Beach now existing are Atlantic Avenue and Germantown Road; and ~E ~th, 1959 ~REAS, in order to ~afeguard and Protect the.inhabitants an~ property now within the C~ty of Delray Beach, Florida, and those ~n- habitants and thei~ ~oper~ies Sn.the-lan s $ mediately west of and adjacent to.t e existing c ty l mts, it nc ben and necessary that an additional access road be located and established between Oer- mantown Road and Atlantic Avenue; and ~HEREAS, the City Council and the Planning Board of the City of Delray Beach have made a dstailed an~ thorgugh study o~ the needs of said area, and have determined that ~t is ~n the best ~nterests and general welfare of the inhabitants of the City of Delray Beach and the adjacent areas that S. W. 10th Street in said City be extended west a- cross the p~oposed State Road No. 9, as the right-of-way is now loca- ted, to Milxtary Trail; and ¥~IEREAS, th~ p~operty o.~ers along said proposed extension of S.W. - 10th Street to Nil~tary Traxlhave agreed to furnish the necessary rSghts-of-ways, and to construct, install, grade and pave said road wxthout cost, provided permission can be obtained to cross the pro- posed State Road No. ~ right-of-way, as the same is now located. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the City Council of the City of Delray Beach, Florida, does hereby respectfully petition the County Commission of Palm Beach - County, Florida~ in conjunction with.the City of Delray. Beach, Fl?ri~a, to take all actxon necessary to obtain a temporary permAt to remain ~n effect until State Road ~ is constructed, from the State Road Depart merit of the State of Florida, and any other agency as may be required to join in such consent, to extend S. W. 10th Street from the City of Delray Beach, Florida, west across the right-Of-way of proposed State Road No. 9, as now located, to Military Trail. 2. That the City Council of the City of Delra~ Beach, hereby pledses and agrees ~t will support and cooperate with the County. Corn- Council mission in every way required in this matter and said City further agrees that when State Road No. ~ is constructed, if it be- comes absolutely necessary for the temporary permit to be terminated, the City Council requests adequate notice thereof. 3. That a copy of this Resolution be furnished to the County Com- mission. PASSED'ANDADOPTED in regular session on this the eighth day of June, 19§9. /S/ GEORGE TALBOT JR. -MAYOR On motion of 9ommissioner Harbison and seconded by Commissioner - Warren, the Council unanimously approved ADOPTION of Resolution No. 1185, as read. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimously agreed that the City Nanager be re- quested to cgnt~ct the County Commission an~ as~ for a Spegial Meeting. of said Coymm~ssxon, for the purpose of considering Resolution No. 118~, and to advise the Council the date and location for such meeting, as determined by the County Commission. City Manager Lawson ~ubmitted a "Request" for Set-back deviation as well as permit to deviate from the apparent limitation of "Bakery Empl.oyees in C-2 Zone", received from Mr. Robert V. Millner, and con~ corning the proposed re-location of Mr. Millner's Aelicatessen store. On motion of. Commissioner Harbison and seconded by C~.m~issioner Croft, the Council unanimously approved referral of Mr. M~llner's re- quest to the Planning and Zoning Board for study and recommendation. 2 JUNE 8th, 1959 The Council further requested the City. Attorney to render his o- pinion, concerning interpretation of the C~ty's Code requirements as pertains to Bakery Employ. ee limitations in C-2 zoned areas, to the Planning Board and Councxl. City Manager Lawson also submitted the "Request" of N~. C. W. Garner, to tear down a 'Shed' on the Delray Lumber property, N. E. 1st Avenue, and to replace same with a modern fireproof lumber storage building. The Manager informed the Council that the Lumber Yards, as now existing, are non-conforming in that area (C-2), and Section 29-?.? of the Code provides that is a non-conforming building is re- moved, every future use of such premises shall be in conformity with the provisions of the ordinance. On motion of Commissioner Croft. and seconded by Co ~mmissioner Warren, the Counci.1 unanimously agreed on referral of Mr. Garner's re- quest to the Planning Board for recommendation. The City Man.ager s.ubmitted a letter from Mr: Fred V~. Orlemann who requested .reconsxderat~on, by the Council, of hxs previous request fo.r deviation on a parcel of land located on .the Southwest corner of Sw~nton Avenue and 15th Street. . Commissioner McNeece, citing the q.uestion of what apparently com- prises a "Lot of Record" and more par{~cularly as concerns the above mentioned property, m.oved that this 'Request', of Mr. Orlemann's be referred to the Planning-Zoning Beard for said Board to conduct a pub- lic hearing relative to said 'ReqUest'. Motion seconded by Commis- sioner Croft and unanimously approved. City Manager Lawson read the following letter: . Dated May 26th "Lake Ida Shores Subdivision, which as you may know is our proper- y, can be reached economically only by turning west on N.W. Ninth · treet and due to the fact that the street entrance on Swinton Ave., is narrowed to no more than about fifteen feet, it is almost impossi- ble for a stranger who is looking for our Subdivision, to find it. Our predesso.rs, The Ridg.e Construction Company, had a small sign of 18 x 36 on sa~d corner wh.~ch at the request of.you.r bu.ilding de- partment had to be removed s~nce as I understand ~t, ~t d~d not con- form with you.r regulations. We need a directional sign on this cor- ner of N.W. Nxnth Street and Swinton Avenue which will point an arrow towards Lake Ida and the copy of the sign would read: LAKE IDA SHORES (an arrow) 1/2 Mile . I respectfully request permission to place this sign on said cor- ner in order to be able to guide visitors who are interested in our homes and in our lots which at the present time is almost impossible to find. Trusting that such permission will be promptly granted, I am" /S/ HUGH W. VOGL, Se c r e tary-Tr ea sure r. Co~_mm~issioner McNeece moved that inasmuch as such a 'Sign' would be in violation of Delray Beach "Sign" Ordinance No. G-293, this request be denied. Motion was se'conded by Commissioner' Harbison and upon Call of Roll- Commissio.ners McNeece, Harbison and Croft together with Mayor Talbot voted ~n favor thereof, C.ommissioner Warren abstaining and c~ting existence of a comparable s~gn, being that of Chevy Chase at Sw~nton Avenue and Lake Terrace. City Mana.ger Lawson then read a letter received from Mr. Carleton C. Walters, Vxce-President of PIK QUIK, INC., dated May $1st, 1989, as follows: JUNE 8th, 1959 "As you know ou~ Company has purchase~ a ~arcel of the Betsy Bond property on Seacr~st Blvd., adjacent to P~ner~dse Ro~d, for the pu~- pose of con, trucking and operating one o~ o.u~. P~k Quik Food Markets andV~ash Qu~k co~n operated laundry, c?~nat~on~. Due to the fact that Delray utilities are ~moortant to us, nar- ticularly water service, we would like to express-our desire and'wil- lingness to have our property annexed to the City. V~e find that Betsy Bond, the owner of the adjacent property, ~as gone to. Europe and apparently has left no forwardxng address. It was our xntention to also haveher express her willingness to come.into the City. If the City could in anyway see fit to give us temporary relief, by allowing us to have water at this time, we will guarantee that we will bend every effort to assist in having these properties annexed to the City. Thanking you for your consideration and assuring you of our sire to co-operate in every way, I am /s/Qun(, INC. By CARLETON C. VlALTERS Vice-President Nr. Jury, of Pik Quik, Inc., stated that, when acquiring the . property for intended use, outlined above, was not aware of any C~ty policy of not extending water facilities and now is handicapped by not heine able ? obtain such service, even though willing to provide for the PIK-QUIK property to be annexed. Nayor Talbot advis?d¥~. Jury of Resolution No..lidO, adopted on Ney l~th, 1989, prohibiting extension °fV~ater Serwce outside the · City limits. However, in view of the willingness of PIK-QUIK, INC., ~o h~ve their land annexed to the City, the Nayor requested an opin- ion from the City Attorney.as to possible procedure whichmight per- mit extension of water service to this property of PIK-QUIK, INC., and was advised by Att'y. Newett that such provision .might be made possible on the basis of PIK QUIK, INC. executing an ~rrevocable a- greement providing for annexation, of its property to the City of Del- ray Beach. at such time as annexation thereof may be effected in com- pliance w~th. Charter requirements, and recommended recording of such 'Agreement' upon execution thereof by PIK-QUIK, INC. Commissioner NcNeece moved that the City Nanager prepare for the necessary steps of annexation procedure affecting the PIK-QUIK, INC. p~op~r~y and the property abutting thereto which lies between said P~k-Qu~k, Inc. land and the present City limits. Notion was seconded by Commissioner Croft and unanimously approved. Col. Andrew Fabens suggested that annexation of the PIK-QUIK, INC. propertymight be found to be possible if procedure followed that ex- ercised in the annexation of Tropic Isles. .City~nage~ Lawson then read the following 'Request' from the Arwda Corporation, dated June 4th, 1959: "Attached is a copy of an assignment of lease between Arvida Realty Co:, and J. C. Smith & Son Farms, Inc., covering the City Yacht Basin. Under the temns of our lease with the City of Delray Beach, we must secure written permission for any assignment. ~Vill you please submit t~is matter to t~e City Council and re- quest a.letter from them stat~n$ that they w~ll grant permission for the assignment when presented ~th a properly executed assignment. We contemplate this transaction W~ll close on or before the 15th of June and, therefore, will appreciate it if you will take this proposition up at your meeting on June 8th, 1959. ARVIDA REALTY CO. /S/ By NACK P. JEMISON Manager JUNE 8th, 1959 The Council, on motion of Commissioner Harbison and seconded by Commissioner Croft, unanimously, approved granting the request of Arvida Corporation for the.assignment of Lease dated July 5th, 1988, as made by Mr. Jack P. Jemson on behalf of Arvida Realty Company. The City Manager then read - - - ORDINANCE NO. G-SiT. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY ALL THAT PART OF THE SOUTH. 600 FEET OF THE NORTH 1995 FEET OF GOVERNMENT LOT 1, IN SECTION 21, TO~NSHIP 46 SOUTH, ~P~NGE 43 EAST,~ LESS THE NORTH 100 FEET AND LESS THE SOUTH S$0 FEET THERE- OF, WHICH SAID LANDS ARE CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS. ~VHEREA.S, the City Counci.1 of the City. of Delray. Beach,.Florida, has determined that the hereinafter described land ms contmguous to the existing municipal boundary lines of the City of Delray Beach, Palm Beach County, Florida; and . WHEREAS, ALTHEA G. CANARY is the sole fee szmple title, holder of the property hereinafter described, and she has heretofore, joined by her husband, S~NER CANARY, petitioned the City to annex said lands and consented and given permission for the annexation of said property by the City of Delray Beach; and WHEREAS, the City of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with Chapter 27510, Special Laws of Florida, Acts of 1951: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOW, S: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, does hereby annex to said City the fol- lowing described tract or parcel of land located in. Palm Beach Co.u~ty, Florida: which lies contiguous to the existmng boundaries of sa~d City, to wit: A tract of land in Government Lot l, Section 21, Town- ship A8 South, Range AS East, more particularly des- cribed as follows: All that part of the South 800 feet of the North 1995 feet of .said Section. 21, Township A8 South, Range East, whmch parcel ms bounded on the west by the east- erly boundary line of the right-of-way of State Road No. 1AO, and on the east by the waters of the Atlantic Ocean; Less the North 100 feet and Less the South 880 feet thereof. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida. SECTION $. That said lands hereinabove described shall immed- iately become subjec.t to all of .the fra~nohises, privilege.s, immuni- ties, debts, obligatmon~s, liabilities (except the bgnded mndebted- ness existing this date), ordinances and laws to whmch lands in the City of Delray Beach are n?w. or may be, a~.nd the persons residing thereon shall be deemed citmzens of the Cmty of Delray Beach. SECTION A. This ordinance shall take effect imm~ ediately upon becoming a law. PASSED AND ADOPTED in regular session on'the second and final reading on this the eighth day of June, 1959. ATTEST: /S/ GEORGE TALBOT JR., R. D. WORTHING ' .... M"A Y o R City cie~ On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously approved the Passing and Adoption of Ordinance No. G-317, as read. City Manager Lawson then read - RESOLUTION NO. 1188. A RESOLUTION O~ THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, REQUIRING O~'~ERS OF CERTAIN DESCRIBED LANDS TO ABATE NUISANCE THEREON OR BE ASSESSED COST THERE- OF FOR ABATEMENT BY THE CITY. WHEREAS, the City Council did, i.n regular session h.eld on the 2§th day of .May, 1989, enact Resolution No. 1181 declaring the exist- ence of a nuisance upon certain lots o.r parcels of land for violation of Chapter 18 of the City Code and Ordinance No. G-14?; and %~HEREAS, pursuant to said Resolution, the City Clerk of the City of Delray Beach, Florida, did furnish owners of the lands therein de- clared nuisances with notice that the City e Council would sit on. June 8th, 1989, at ?:$0 P.M., at the Oity Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any, why said nuisance described in said resolution should not be abated; and %'~HEREAS, pursuant.to sa.id Resolution, the City Council of the City of Delray B. each, Florida, d~d o.n June 8th, 1959, a.t ?:$0 P.M., at the City Ha.l.1 ~n Delray Beach, Flomda, hold the hearing provided for in such not,ce, and did consider such reasons and facts as were present- ed by the owners of said lands, and such other material and pertinent evidence as was adduced before it. NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance for the reasons hereinafter set forth, ~e and the same is hereby .ad- judged upon the following lands in the .City of Delray Beach, Florxda, to-wit: OV?NER. ,ADDRESS LO~, BLOCK or S/D CITY CODE Lee Realty Co., 215 S. Olive Ave., Lots 15 & 14 4 West Palm Beach Blk. 88 Executor of Carrie 3063 E. Grand Blvd., Lot~ 1 thru 20 R. Thompson Est., Detroit, Mich. Bik. ?S David A., & 528 N. W. 1st Ave., SlO0-NZ25-E142.25- 4 _ Kathryn Rambo, Delray Beach, Fla. W167.25 of Lot Sec. 8-46-4S. Thomas T., & Elsie 1703 Avondale Dr., Lot 10, Blk. 1, 4 B. Harper Durham, N.C. Dell Pa~k Mrs. A. B. Ritchie 101 W. Buena Vista Rd. Lot 12, Blk. 1 4 Evansville, Ind. Deli Park Wm., & Muriel J. 5201 Strington Rd., Lot 15, Blk. 1, 4 Ritchie, Evansville, Ind. Dell Park Mrs. E. B. Foeth, 408 Crescent Str., Lot 26, 4 Cypress Hill, Delray Manor Brooklyn, N. Y. Paul D., & Margaret 8801 N.E. 1st Ave., Lots ~1,12,$$,36,$7, 4 Sahler Miami, Fla. 88 in Delray Manor Pauline P. Burns, P.O. Box 698, Lots 6 & 51 Ft, Lauderdale Delray Manor Alphonse & Johanna Highland Lake, N.Y. Lots 5A & Theuer, De lray Manor Maal Corp., & H.V. 1209 E.Atlantic Ave Lots 59 & 60 4 Dally Delray Beach De lray Manor Thomas S., & Betty P..O. Box 302, Lot 62, 4 G. Hatcher Delray Beach Delray Manor Joseph A. Savoie Rt. 1, Box 584, Lots 63, 64 & 6§ 4 Delray Beach Delray Manor Wm. Benda & Harry Rt. 1, Box 81, Lot 69, 4 Perotti, Delray Beach Delray Manor Bruno Mastroianni & Rt. 1, Box 80, Lots 70 & 71, 4 Harry Perotti Delray Beach Delray Manor (see bottom of page 134 fox' 3 paragraphs belonging hex, e) PASSED AND ADOPTED in Regular Session this eighth day of June, A. D. 1959. /S/ GEORGE TALBOT JR. '"MA Y'OR The Council, on motion of Commissioner Croft and seconded by Com- missioner McNeece, unanimously approved ADOPTION of Resolution No. 1185, as read, on this first and final reading. The City Manager then read t.he follOWing "Report" from the Plan- ning Board, dated June 4th, 1959. ".The hearing in the matter of Mrs. A. G. Pruyser Jr., regarding a deviation of a five foot rear setback to build a swimming pool, as requested by the Council at its meeting on May llth, 1959, was heard by the Planning and Zoning Board on Nay 26, 1959. . No one appeared at this hearing. One letter of objection was received by Mr. Charles R. Trueheart, dated May 22nd, 1989, attached to the file. The Board unan. imously recommended that the Pruysers be permitted to build the swimming pool according to the drawing submitted by .the Rule Pool Co. signed by Mr. E. D. Stevens and attached to cash re ceipt #4529 covering the request for the deviation. /S/ PAUL S. KNO¥~LES Chairman The Council, on motion of Comm_issioner Warren and seconded by Commissioner Harbison, unanimously approved granting the "Request" of Mrs. A. G. Pruyser Jr,, stated above, in sustaining the recommend- ation of the Planning/Zoning Board. On motion of Commissioner Croft and seconded by Commissioner Harbison, the Council.agreed that .no action be taken, at this time, relative to cancellation of a "Pawnz Assessment" lien against the S~ of Ocean Beach Lot 22 and All of Ocean Beach Lot 28 less the SlO0', dated November 2Srd, 1955, due to an alleged Tax Search Certificate having been issued and indicating NO outstanding assessment liens a- gainst said property. City Manager Lawson submitted an opinion received from the City Attorney, under date of June 4th, relative to assessin$ railroad property its proportionate share of the expense of paving a street pon which such property may abut, front or border, wherein the City ttorney cited the case of "Atlantic Coast Line Railroad Co. vs. City of Gainesville, (Fla. 1922) 91 So. 118". EXCERPT from the City Attorney's opinion. JUNE 8th, 1959 "The Council must find the street to be necessaryin the~ public- interest and comply with other requirements of the Charter (See Sec. 169 et seq). The property is in a C-2 commercial zone, and a street would appear to be beneficial to the railroad property as well as other pr.operty. . It is m~v opinion that such railroad proper.ty can be leg.ally as- sessed its pro-rata share of the costs of such xmprovements xf the Council determines they are necessary." Comm~.ssioner V.~arren moved that, in. view of the opinion received from the City Attorney and shown above, and with reference to Reso- lution No. 1169, authorizing the clearing, grading and paving of a 80 foot strip lying between S.E. 2nd and Srd Streets, bounded on the V,~est by Lot 1 and Lots 15 thru 2S inclusive in Block ?9, and on the East by the Westerly .R~V. line of the F.E.C.RR. right-of-way, the Low Bid, in the amount of $2,361.12, for said improvement, as contained in BIDS for said improvement which were .submitted by the City Manager and shown in the Minutes of Council Meeting held on May 25th, 1959, b.e accepted and awar.d of contract for such improvement be made to b~dder thereof. Motion was seconded ~y Commissioner Croft and unani~ mously passed. ' The Council, on motion of Commissioner Croft and seconded by Com- missioner Harbison, unanimously approved payment of Bills in the a- mounts of General Fund $ 1,184. ~8 %~ater-Operating ~1,688~04 Special Assessmen~ -288.48 Refundable Deposits 1,029.93 ~Vater Rev. Certif. Series 1987 ~ Int. & Sinking PAYROLL Accounts 19,103.77 a.s presented by the City Manager and subject to approval by the Fxnance Committee. The Council, o~ motion of Commissioner Creft and Seconded by C.ommissioner Harbison, una.nimousl~ approved the. Plans for construc- tion of the new Standard Oxl Statxon at Atlantzc Avenue and Federal Highway subject to CHANGE of Set-back from Atlantic Ave P~ to the Pump Island from 12 feet as shown on plans to 17 feet as agreed upon by Mr. O. T. Thames. With reference to a 'Request' fr~m Nr. Chas. H. Schmidt to move a Frame House from Ft. Lauderdale to'Lot 22, Block 8, Dell Park - (209 N. E. 10th Street) the Council, on motion of Commissioner Harbison and seconded by Commissioner Wart.eh, una.ntmously agreed that said Request be referred to the Planning/Zoning Board and that said Board conduct a Public Hearing thereon. Ja City Manager .L~.wson submitt.ed the following Bills from _Kenneth cobson for.architectural services to date and as follows June 6th For architectural services covering City Garage $ $80.00 For architectural services in accord- 5,250.00  nce with agreement City Hall and Police Station) On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Couacil unanimously approved payment of said Bills from Mr. Jacobson, rendered for architectural services on the Garage, City Hall and Police Station. City Manager Lawson submitted the request of "Clover Liquor. Corp.,!' for transfer of "ERNY'S" (Lloyd ~. Erny - Erny's Cocktail Lounge) LIQUOR LICENSE, which license has been purchased by said Clover Liquor Corp. . Att'y. John Moore, speaking on behalf of sa~d Clover Liquor Corp., further requested Council approval for Re-location of said Liquor License to 281 N,E. 2nd Ave., at which location a new build- ing is nearing completion and will be tenanted by said Clover Liquor Corp., when ready for occupancy. On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council unanimously approved the transfer of "Erny's" Liquor License No. 884, for 1958-.1959 fiscal year, to UClover Liquor Corp"., and for re-location of sa~d license to 28i. N.E. 2nd Avenue,' upon occupancy of building nearing completion by Clover Liquor Corp. The City ~maager then read - - - RESOLUTION NO. 1184. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEn. CH, FL(IRIDA, REAFFIRMING ITS PETITION TO THE BOARD OF COU~Y CO~:~,.~ISSIONERS OF PALM BEACH COUNTY, FLORIDA, REC-~UESTING THE DEEDING AND CONVEYING OF CERTAIN LANDS IN AND ADJACENT TO lAKE IDA TO SAID CITY; AND FURTHER PETITIONING SAID COUNTY COMMISSION TO DEDICATE A CER- TAIN RIGHT-OF-~VAY TO SAID CITY FOR ACCESS TO LAKE IDA AND ADJACENT LANDS. ~HEREAS, the City of Delray Beach, Florida, did, on April 27, 1959: adopt Resolution No. 1177 petitionin$ the Board of County Com- missioners of Pa3~ Beach County to deed aha convey to the City of Delray Beach certain lands in and adjacent to Lake Ida; and - WHEREAS, the Board of County Commissioners did, on May 29, 1959, hold a public hearing regarding this-petition; and WHEREAS, at said public hearing the only dissenters to the re- quested actions were a.small grpup of property owners residing on or near N. ~. 9th Street (extended), whose stated pr. imary re~ason for dissent was their feeling that N. ¥?. 9th Street (extended) would be the sole access to the peninsula of land on the south shore of Lake Ida; N0~?, THEREFORE, BE IT RESOLVED BY THE CITY COUb-CIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the City Council of the City of Delray Beach, Florida, does hereby reaffirm the req.uests made in Resolution 1177, petition- ing the Coard of County Commmssioners to deed and convey to the City of Delray Beach certain lands in and adjacent to Lake Ida for perpe -- tual recreational and municipal uses only as denoted therein; and 2. Be it further resolved that the said City Council further .. request the Board of County Commissioners to dedicate a strip of land at or near the eastern edge of the State Road No 9 risht-of- way northward from N. V~. 4th Street (Lake Ida Road) tg a point reasonably located to give easy access to the peninsula of land on which the Delray Beach Playhouse is located, with sufficient width to construct an access road to this peninsula. $. That, provided the above requested strip of land is dedica- t.ed, or use is permitted by the Board of County Commissioners, the C~ty of Delray Beach shall denote the roadway as the access road to the Lake Ida Park area and shall route all traffic possible over this roadway to the Lake Ida Park area by directional signs and suggestions; and the City of Delray Beach shall assume all mainte- nance of such roadway. '=*PASSED ' AND ADOPTED in regular session on this the eighth day of June, 1959. **See amendment on following page. /S/ GEORGE T~.LBOT JR. " ' ~['"Y O R 9 -x-~x-See amendment below. JUNE 8th, 1959. ~:-::' On motion of Commissioner McNeece and secon.~ed by Commissioner Harbison the Council unanimously a~.prove~ adoption of Res?lution'No. 1184, as read, and requested the C~ty .Manager t.o c.onfer w~th Rev. Arthur R. Charlesworth and the Recreation Association who have been so instrumental in preparation of the preliminary plans for recre- ational development. Commission.er NcNeece moved that the Cit.y Manager be requested to survey the various areas outside the. city l~mits Which are now re- ceiving water, service facilities from the City, and take necessary _steps to institute annexation proc.edure concerning the said areas, lot.s and parcels of land now. benefitting by such water service. Motion was seconded by Commssioner Croft and )on Call of Roi1 - Commissioners McNeece, Croft and Harbison, t :her with Mayor Talbot voted in favor thereof, Commissioner Warren a°~e staining. NEETING ADJOURNED' The following is part of Resolution No. 1183 --belonging on Page 131. NATURE OF NUISANCE SPECIFIED: "4" means there are weeds exceed- ing 18 inches in height, and which either exhale .obnoxious odors or constitute a likely source of disease or physical distress to human beings. AND, BE IT FURTHER RE~0LVED th_,,.t the City Clerk of .the City of Delray Beach, Florida, furnish owners of the lands hereinabove listed and described with a copy of this resolution at their last available address within (10) days from the date this Resolution is adopted. AND, BE IT FURTHER RESOLVED that said owners be and they are hereby notified that they are required to abate the nuisance here- inabove adjudged and specified within thirty (30) days from the receipt of a copy of this resolution; otherwise, in default thereof, the City of De]ray Beach, Florida, will enter upon said lands and abate the said nuisance hereinabove specified and will levy the cost of such work as an ass~ssemnt against the property hereinabove described. A~IENDNENT to COUNCIL k{II~3TES of June 8th, 1959. Amendment No. 1 The LAST SENTENCE on Page 9, reading as follows- "Passed and Adopted in regular session on this the eighth day of Juue, 1959" SHOULD BE EL~\~INATED inasmuch as NO ACTION on the Resolution No. 1184 was taken by the Council, other than as follows; Amendment No. 2 The FIRST PAR3-~GRAPH on the Final Page of the Ninutes should be amended to read - "Commissioner Harbison moved that in view of the Recreational Association having been so instrumental in preparation of the prelimi- nary plans for recreational development, the CityYmnager be requested to confer with Eev. Arthur R. Charlesworth and the Recreation Association before acting on said Resolution. Notion seconded by Commissioner McNeece and unanimously approved. AP PROV / ....... ~ ..... OitY Clei;k MAYOR ...... " '