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06-22-59 ~E 22KD, 1959, A RegUlar Meeting of.the City Council was hel~d in the Counc'.xl Cha.mbers.at 7:00 P.M., with M~.yor G.eorge Talbot Jr., in the Chaxr, Acting C~ty Manager Mark Flemng, C~ty Atto.re?ay Harry T. Newett and Commissioners J.'LeRoy Croft, Charles H.Harb~son, Fred B. McNeece and George V. Warren. An opening prayer was delivered by Reverend Paul J. Smith. The Council, by general consent~ approved the Minutes, as amended, for the Council meeting of June 8th, 1959. Mayor Talbot mentioned that copies of proposed rules, regulations and policies, comprising the By Laws of the Recreatxon Association, as compiled by City Manager W. E. Lawso.n Jr., and Rec.reat~onal. Direct- or Tom Gray,.had b.een sent to.each Commission.er, and ~n.qu~red ~f any comment or d~scuss~on concerning same was desired at th~s time. There.being no questions or remarks on the proposed By-Laws, the Mayor adv~s.ed the Council Membe.rs that an officlal Advisory Board, for the Recreation program of the C~ty, would be appointed on the return of City Manager La~son, and requested that, in the meantime, Commis- sioners Croft and Warren confer and work with Recreation Director G.ray concerning the proposed Youth Center and its affiliated activi- txes, further advising that a Special Meeting would be called, if de- sired, for consideration of the advancement of the Recreation Program and recommendations of the tentative Board. Acting. Manager Mark Fleming then submitted. . BIDS received for. con- struct~on of the Central Garage, provxs~on for which had been ~ncluded in the current Budget~ to the extent of $11,800., Laird, Rock & Small. Contractors $ 14~720~00 American Structures, Inc. 14~000;00 John V. Barger & .Co., 13,980;00 Trieste Construction Co., 13~540~00 Hawkins & Mouw, Inc. 13~428~00 Glenn, Moore & Hertz, 12~990;00 Byrd & Campbell, 12~559~44 JAmes Sinks, 12,503.00 On motion of Commissioner Croft and seconded by Commissioner McNeece, t. he Council unanimously .approved awarding of contract, to the low b~dder, .for the construction of the Central Garage and ap- propriation of $1,225.00, fr.o.m Unappropriated Surplus, to provide necessary funds for the additxonal cost of such construction above the budgeted amount. Manager Fleming informed the Council that the State R.oad Depart- ment had requested the .City of Delray Beach to dedicate f~ve (5)' feet off the Ea~ and V~est s~des of the ~oman's Club property for U.S. ~1 right-of-way. On motion of Commissioner McNeece and seconded by Commissioner i~nrbison, the Council agreed to table this r.equest until next mee.~ing order that the City Attorney might determne the proper execution of su.ch dedication in view of the long-term lease of this property by the Cxty of Delray Beach in favor of the '~Voman's Club". The Acting Manager presented a letter from M~...Henry L. Doyon, of Ft. Lauderdale, wherein Mr, Doyon requested permss~on to construct a Mausoleum in the Delray Beach Cemetery and under certain terms and conditions. On motion of Commissioner Harbison and seconded by Commissioner Mc~Ieece, the Council, by general consent, referred this request to the Planning Board for study and recommendation. JUNE 2~nd, 19~9. Manager Fleming submitted the following letter from the Principal of Seacrest High - Er. Robert W. Fulton: 'lF or the ~ast four years the C~ty of Delray ~each .and the County Board of Publmc Instruction have worked cooperatxvely xn'the sm~mer recreat$on program. During this time the City has ~iven each 7ear the sum of $100. for the purpose of purchasing reCreatiOn suppliesVtha School Board does not furnish. - -- We are again asking for this sum of money in order to buy needed supplies for the summer program. Trusting this meets with your approval." Sincerely yours /S/ROBERT W. FULTON On motion of Cg~mmissigner Vfarren and seconded by Commissioner McNeece, the Council unanimously approved grantSnE~he Seacrest High -~ and Del{ay Beach Elementary Schools the s~u~. of $100. to each School, to aid ~n the purchase of recreation supplies for s~mmer programs at the schools, and authorized transfer of necessary funds for said pur- pose from Unappropriated Surplus. On motion of Commissioner McNeece and seconded by Commissioner Harbiso~, the Council.referred the request of Ers. Mildred H. Cannon, concerning the operation of a Nursery and Childrens' Home, to the Planning Board with a request that said Board conduct a Public Hearing thereon. The CityManager submitted a letter from Att'y. Moses Schupler, wherein request was again made for cancellation of a "Sidewalk Assess- ment" against the East 87 ft of the South 1SS ft of Block 2, owned by I. Irving Moss, due to 9ir?umstan?es cr?ated in prio{ years which des- troyed the 'Sidewalk', ~n ~ts ent~ret~ ~n so far. as ~t affected.the above described property, yet, for which, an assessment was lewed. As a result of reviewing the or~gina~ assessment for sidewalk i~- provemen~ and destruction of a port,on oZ the zmproveme~t.as affecting t~e here~nabove de~cr~be~ prope{ty, and an e~pressed open, on from the C~ty Attorney who ~s f~m~liar w~th the said ~mprovementas well as the ultimate destruction of that part of the improvement which resulted in said assessment, the Council, on motion of Oommissioner McNeece and seconded by Commissioner Warren, unanimously approved-c.ancellation of the.Improvement Assessment dated September l~th, 198S, ~n the amount of $112.80, as well as all interest applicable thereto, levied against' the East 87 ft of the South 1SS ft of Block B, per Ordinance No. G-174. On motion of Commissioner McNeece and seconded by Commissioner Warren, the request of J. C. SMITH & SON FARMS, INC., dated June l?th, for re-assignment of the "Lease" to the CITY BOAT DOCKS to MARYON J. S~ITH and AGNES C. SMITH, was referred to_the City Attorney and the Director of Finance for the City, Mr. Carl Gessler, £or clarification of the financial responsibility of the parties involved, with a reguest for recommendation to be submitted to tRe Council at the next regular meeting. City Manager Fleming informed the Council of having been advised by Mr. L~e Task?, owner of Lot 84, Las Palmas S/D, that NO Notice of the Public Hearing, held onMay 26th was furnished Mr. Tasker, and he felt that therefore a NEV~ or Re-Public Hearing, on the Swimming Pool Deviation request for Lots 85 and ~6,.Las Palmas, should be held. The Council, on motion of Commissioner Croft and seconded by Com- missioner McNeece, ordered that the Planning Board provide for the holdinz of such Public Hearing on the above stated 'Deviation Request' in vie9 o~ ~LLprope{ties concerned, not having been p{operly notified of the original hearing ohM ay 26th, and the NEW Hearing, ordered by the Council shall be held in the Planning Board Office, 61 S. E. 4th Avenue, at 4:00 P.M., Friday, June 26th. Manager Fleming then read - - - ORDINANCE NO. G-S18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLO¥~[KNG DESCRIBED TRACT OR PARCEL OF LAND IN LOT 6 OF SECTION 9, T(~VNSHIP 48 SOUTH, RANGE 43 EAST ACCORDING TO THE PLAT OF NODEL LAND CONPANY'S SUBDIVISION OF SAID SEC. 9 RECORDED IN PLAT BOOK 8, PAGE 40 OF THE PUB- LIC RECORDS OF PAI~.{ BEACH COUNTY, FLORIDA, ~ICH LANDS ARE COh~IGUOUS TO DEIRAY BEACH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID On motion of Cmmmissioner Harbison and seconded by Commissioner McNeece, the Council unanimously approved the placing of Ordinance No. G-318 on first reading. The Manager then read - - - EMERGENCY ORDINANCE NO. G-S19: AN EE~ERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, RELATING TO ANNEXATION; AM.~.ENDING ORDINANCE G-317 A- DOPTED JUNE 8, 1959 TO CORRECTLY IDENTIFY AND DES- CRIBE LANDS THEREBY ANNEXED, BEING ALL THAT PART OF THE SOUTH 150 FEET OF THE NORTH 1795 FEET OF GOVERN- MENT LOT 1, IN SECTION 21, TO~NSHIP 46 SOUTH, RANGE 48 EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; EXCLUDING LANDS INADVERTENTLY INCLUDED IN DESCRIPTION CONTAINED IN ORDINANCE NO. G-317; ~JtD PROVIDING RIGHTS AND OBLIGATIONS OF SAID VgHE~EAS, the City Oouncil did on June 8th, 1959 enact Ordinance No. G-S17 wherein and whereby it was intended to annex certain lands owned by Althea G. Canary in Government Lot l, in Section 21, Town- ship 46 South, Range 43 East; and V~HEREAS, the 'property owned by the said Althea G. Canary was in- correctly described therein through inadvertence; and WHEREAS, by reason of said typographical error of description, the building permit was issued by th.e City Building Inspector is not effective, and water cannot be supplzed to said premises, although construction has been commenced thereunder; that by reason of said conditions, and to provide for the immediate preservation of proper- ty and the aforementioned municipal departments' operations, an emer- gency is hereby determined to exist, and it is necessary that said ands be correctly described; NO~¥, THER£?ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELR'.Y BEACH, FLORIDA, AS FOLLO~: SECTION 1~ That Section I of Ordinance~ No. G-S1? passed and a- dopted June 8, 1959, be and the same is hereby amended to read as follows; "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 County, Florida, which lies contiguous to the existing boundaries of said 'City, to-wit: "A tract of land in Government Lot 1, Section 21, Township 46 South, Range 4S East, more particularly described as follows: "Ail that part of the South 600 feet of the North 1995 feet of said Section 21, Township 46 South, Range 43 East, which parcel is bounded on the west by the easterly boundary line of the right-of-way of State Road No. 140, and on the east by the waters of the Atlantic- Ocean; Less the North 250 feet and Less the South 200 feet thereof. "(Also described as: Ail that par~ of the South 150 feet of the North 1798 feet of Section 21, T?nship 46 Sou~h, Range 43 East, bounded on the west by the easterly rxght-of-way, llne of State Road 140, and on the east by the waters of the Atlantzo Ocean.)" SECTION 2~ That the boundaries of the City of Delray ~each are hereby redefzned so as to include therein the above described. tract of land, and said lands are hereby declared to be in the corpo- rate limits of the City of Delray Beach, Florida. SECTION S. That any other ~ands describe~ in Ordinanc? No.. G-317 adopted June 8, 1959, excepting those here~nabove described ~n Sect$on 1, are hereby declared outsl~e of the City of Del~.ay Be~ch, Ftorx~a, and excluded from the operation and effect of sa~d Ordznance No. G-S17. SECTION 4. That said lands hereinabove described in Section 1. shall immediately become subjec~ to all of She franchises, privileges, immunities, debt, ?bligat~ons~ ~iabilities (except th? bonded i~debt- e~ness existing thcs date), o~d~nances and laws to whzch la~d~ zn the City of Delray Beach are now ~r.may be, and the.persons residing thereon shall be deemed to be ~lttzens of the Cxty of Delray Beach. SECTION'S. This ordinance shall take effact immediately upon becoming a law. PASSED AND ADOPTED on first and final reading in regular session on this the 22nd day of June, 1959. /s/ On motion of Commissioner McNeece and seconded by Commissioner Croft, the Council unanimously approved adoption of Emergency 0rdi- nance No. G-$19 on this first-an~ final rea~ing of said Ordinance. The Council, on motion of C~mmissioner Harbison an~ seconded by Comm_~ssionerWarren, approved the payment of BILLS in the following amounts,.as presentsd byManager Fleming, and subject to the approval of the Fxnance Committee: General Fund - .... $ 15,483;03 Water-Operating Fund - 1~925-70 Special Trust Fund 16~825.83 Payroll Account 18,505.~$ 7he.Council, on motion of Commissioner Harbison. and seconded Commxss~on? Croft, unanimously approved acceptance, and authorizes the executxen of the 'F~nal Plat' of "COLONIAL HEIGHTS S/D" on the statement of ActingManager Flemingwho advised tha~ the 'Preliminary plat was approved by the Co.uncil at a previous me~t~ng and all pro- visions of Ordinance G-285 (Subdividers Ordinance) have been'complied with, either by improvements being made or placement of bond, · Manager Fleming remiDded the Council that earlier in the current f~sca~ year ~pproval of $4,000. expenditure for Rotary.Mower~and Lot Clearing equxpment had been made and xna~much a~only $2,760.90 has been'fou~.d necess?y to procure the initxal equxpment,.auther~ze~ at the prewous meet~ng~ ~eld on June 8th, requested permAssion chase some minor add~txoDal equxpment, namely.a Rooter & Scar~f~er at approximately a cost of-$175., and a Tandem D~sc &Harrow at an a~- proximate cost 9f $375., and to emplo~ an 'Operator' for this equip- ment, total estimated cost of Ail Equxpment and Operator-Employee not to exceed the $4,000.00 originally approved for expenditure in ob- taining necessary Lot Clearing Equipment. On motion of Commissioner Harbison and seconded by C.ommissioner l~cNeece, the Council granted the request of Manager Fleming and auth- orized the employment o.f .a machine operator for such equipment, and the'purchase of the additional equipment as recommended by the Mana- ger. Manager Fleming informed the Council of haVing~ received a "Peti- tion'' for annexation of "Pik-Quik", Inc." owned lands on Seacrest. Blvd., which lands are not contiguous to the City limits, however, the Manager had reason to believe that annexation of certain lands lying between the corporat, e limi.ts of the City and thos. e lands .of the Pik-Quik, Inc., property ~s p. osslble and further anticipated being able to reflect such annexations, by Ordinance to be prepared, for consideration by the Council at its next regular meeting to be held on July 13th, 1959. Mr. Jury, of the Pik-Quik, Inc., group, requested the Council to furnish water service to the.Pik-Quik property, necessary for com- Pletion of construction, subject to Cut-Off if, within a reasonable time, it was found impossible to annex their property, which, by vir- tue of Pik-Quik's Petition, is desired to be annexed, and further a- greed to cover the entire cost of extending such facilities, such costs to be recognized at such time, if ever, that a permanent ser- vice is established. ** Commissioner McNeece cited the established 'Policy' of the City relative to extending water facilities only to the City Limits, and enforcement of such Policy in recent cases. Following a general discussion of the conditions relating to the request of Pik-Quik, Inc., recognizing the "Petition" for annexation submitted by Pik-Quik, Inc., and the City Manager's com~.ent relative to his belief that early annexation of the lands now lying between the Pik-Quik property and the present City Limits, Commissioner Harbison moved that temporary water service be extended to the Pik- Quik, Inc., property on the basis of the submitted "Petition" for annexation and the Good ~'~ill reflected by said Pik-Quik, Inc., thru its representative Zir. JurY, and further in accordance with conditions as expressed by Mr. Jury and contained hereinabove. ** Motion was seconded, by ~ommissioner ¥~arren and upqn Call of Roll - Commissioners Harbison, %Varren and Croft, together ~th Mayor Talbot, voted in fa- vor thereof, Commissioner McNeece being opposed. Manager Fleming read the following letter from the Planning Board: "At a special meeting of the Planning and Zoning Board the 16th of June, 1959, the Board unanimously approved a resolution to susgest to the Council an early establishment of a zoning board of appea~s recently approved by the State Legislature. There will be considerable organization work to be done by this new board which will take time. It is felt, therefor, that the soon- er the board can be appointed the sooner it can effectively begin to function in an orderly and proper manner. /S/ PAULS. I(N0~'~LES Ch'mn. On motion of Commissioner ¥tarren and seconded by Commissioner Harbison, the Council unanimously agreed that the. City Manager be. quested to confer with Mr. Paul Knowles and subnnt, to the Counczl, an eligible list of potential Board members, approximately twelve, from which g~oup the Counczl may appoint a Zoning Board of Appeals. The Manager then read the following letter received from the Planning Board: "The final plat of Delray Beach Heights Extension, Sec. "A", ap- pears to have fulfilled all the requirements as far as the Planning card and the City Engineer are concerned. ' The Planning Board recommends its approval." /S/ PAUL S. KNOV~LES Commissioner Warren moved that final consideration of this Final Plat be tabled due to report of the Director of Public ~/orks that the recent rains disclosed poss.ible lack of s~ftcient ~aina~e in sai~ D?l~ay Beach Heithts ~tens~on.- Sec. "?~ fu~the~ betiev~ni that miht be well to c~s~de~ ~eq~in~ add~t~o~l s~ety bon~ ~ lieu of ~a~isfacto~y d~aina~e.~stallati~ not ~vint been p~ovi~ed. Motion was seconfled ~d ~~ous~ a~eed. . ~sna~e~ Fle~ Snfo~d the Co~cil of ~vi~ ~eceived alle~e~ evidence of ~n ~x~st~ n~sance ~esulti~ ~ excessive tree ~o~h in the Street ~ht-of-~y, on the ~st siSe o~ ~.E. 1st Avenue, be tween seconfl anti third streets, .of a thorny ~ wo~ ~desirable t~ee. C~ssione~ ~Neece moved .that the t~ee .In the ~ilht-of-~ on N.E. 1st Avenue, between sec~d an~ tMr~ streets, on the east s~de of said 1st Avenue, reported by Fire ~ief Jo~ Grego~ to be a ~.a nuisance, detr~ental to the safety of the public, be remove~. ~ot~on was seconded by C~ssione~ ~ar~en ~d ~n~ously agree~. ~ge~ Fle~g infold t~e Co~cil of Mvi~ lea~ed t~t ~. James Ritte~bu~ch ~eq9ested that Co,?il to provide ~ early ~et~ng with ~. Cal~a ~d i~sociates relative to te~ and condi- ons conce~n~ possible ~exation of app~gximte~6$, ac~es of nd west of the S.A.L.~., in pa~ts of Section 18an 19, ~ 46 e 48E. i~ ~~ionev ~c~eece cited the ~ortance of deI~ving a~ ~eet- concevnint ~o~si~l~ a~ex~tion of ~ts west o~ the S.i.L.~. an .Southwest of the O~ty ~t~l such tree as the C~ty has received ~f~cial approval for establtshin~ CROSSINGS at both ~tate R~i 9 and ~he S.i.L.~., Oo~ssione~ h~bison aovet t~t the City ~eP be requested proceei with effective measures to extend S. W, loth Street ani fop ~ing definite application to the S.t.L.~., fop pe~ssion to ~ecti CROSSING at such extension, and furthe~ to ~rov~de p~ns fo~ e~tension of Wares'Lines. Motion seconded by Co~ssioner Wa~en an~ ~an~ous~ passed. ~ motion of Co~ssioner C~oft ~d seconded by Co~ssionev ~Neece, the Cg~cil ~n~ously appvovet referral of a '~viation ~quest', recexved from ~. A~th~ Sprott, 2908'No. ~inton Ave., to the Pla~i~ Boa~ for stay and recomeniat~. ~age~ Fle~ ~ea~ t~ following '~tter of Co~~t' 6/17/59 "I respectfully call your attention to the hea~rtrafficst condi- tion on Andrews Ave and on Ocean Blvd fr~ Thorns south to Atlan- tic Avenue. ~ this particular a~ea there ave approxi~te~ nine apartment s or hotels ~, ~ addition, several multiple rental.~its ~th ~ occupants of t~ese using these two tho~o~hfares as ~g~ess ~a~d egrese ~s. I thi~ tMs would avera~ee ~zabout 250 cars daily by tenants, guests and service vehicles the season. of any t~e o~ crossways to slow d~ the traffic for pedestrians this area. I would appreciate yo~ careful consideration of this ~tte~ an~ request som~ proper action be t~en before the next season to re~dy this sit~t~on. qaestBY, copy of this letter, I am in~o~i~ the ~yor of this T~ you for your pas~ c~sxderatxons. /S/ A. H. ~BL~, President The Grosveno~ House JUNE 22nd, 1959. / ~/ On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council agreed that the City Manager be requested to investigate this matter with the Chief of Police and submit his re- port of fzndtngs. Commi.ssioner Warren moved that the City ~,nager be requested to proceed wzth necessary steps to obtain all material from the City's Planning Consultant, George Simons Jr,, pertaining to requirements necessary ~n obtaining .a Letter of Certxfzcatzon concerning the Fed oral Housing under Section 221 -.H.H.F.A., and that Mr. Paul S. Knowles, Mr. Ralph Hughson and h~mself be appointed to work with the City Manager on this project, in. order' tha. t a completed plan of pro- cedure may be presented to the C~ty Councxl for consideration and action thereon. Motion seconded by Commissioner McNeece and unani- mously agreed. Mr. John Thayer informed the Council that while he felt certain that the residents of Vista DelMar area desired Drainage Improve- ment but that manywere away for the summer and could not be reached in order to 'Sign' a "Petition" for suchdrainase installation. Of those residents, in Delray at this time, several desired to know the proposed cost of such imprgvement, and wo~ld the City be providing street resurfacing and paving, as.it d~d ~n the Seagate area follow- ing the recent D~.ainage Installations zn lower Seagate. Manager Fleming advised the Council and Mr. Thayer, that a gen- eral survey of the Vista Del Mar, as well as the Waterway Lane, area had been made soy?al months ago along with the Basin Drive area survey. Mr. Flemmng further advised that street re-finishing in the ViSta DelMar area would have been accomplished this year out of Budget provided Street Maintenance funds, but was deferred until such time as anticipated drainage installations in that area become a reality. . Mr. Thayer, on behalf of the Beach Taxpayers League and Residents ofWard I, expressed sincere appreciation for the City's extended benefits and for the splendid co-operation and protection rendered by the Police Department during the past year to all areas east of the Waterway. Col. Dugal G. Campbell cited the extremely bad conditions in the Vista DelMAr, Waterway Lane, lower Seaspra~ Avenue' and Beach Drive areas, due to lack of proper drainage facilmties, and expressed hope that the C~ty would take necessary steps to extend its Drainage Im- provement installations all possible effort to render badly needed aid to the many valuable properties in those areas. On motion of Commissioner Harbison and seconded by Commissioner Warren, the Council unanimously requested the CxtyManager, along with the City Engineer, to effect a preliminary study of the Vista Del Nar, Waterway Lane, Seaspray Avenue and Beach Drive areas, concerning drainage relief and submit a report of his findings to the Council at the next regular meeting. The Council, on motion of Commissioner McNeece and seconded by Commissioner Croft, unanimously a. greed on referral, to the Planning Board, for study and recommendation, the 'Deviation Request' of M~.. Samuel Ogren Jr., concerning Lot ? and the South 25 ft of Lot 8, ~n Ocean Breeze Estates. The Council requested the City Manager to provide for the repair. of the Public Benches located on Atlantic Avenue near the F.E.C. RR., and take necessary steps to correct the mechanism control of the jalousie windows in the Council Chambers. APPROVED: ./ / ~/~ JUNE 22nd, 1959.