08-04-59SpMtg AUGUST 4TH, 1959.
A Special Meeting of the City Council was he_Id in the Council
Chambers at 1:00 P.M., with Mayor ?eo.rge Talbot Jrt in the .Chair, City
Manager ~V. E. Lawson Jrt, and CommAss~oners Charles H. Harb~son, Fred
B. M6Neece and George V. ~arren, being present.
The Council, by g.eneral consent, approved the Minutes for the
July 27th Regular Meeting of the City Council.
City Manager Lawson read - - - ORDINANCE NO. G-326:
AN ORDINANCE RELATING TO ADVERTISING; AMENDING
CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY
OF DEIP~AY BEACH, FLORIDA; PROHIBITING DISTRIBU-
TION OF ADVERTISING ~ITHIN THE CITY OF DEL~AY
BEACH ON FEDERAL HIGH~¥AY, EAST FIFTH AVENUE,
ATLANTIC AVENUE AND OCEAN BLVD; AND PROVIDING
PENALTY THEREFOR.
The Council, on-motion of Commissioner Warren and seconded by
Commissioner McNeece, unanimously approved PLACING Ordinance No. G-328
on FIRST READING.
The City Manager then read - - - ORDINANCE NO. G-327:
AN ORDINANCE RELATING TO ZONING; AMENDING SUB-
SECTION (9) OF SECTION 29-7.6 BY ADDING SUBPARA-
GRAPH (c) DEFINIt~G THE SET BACK ALONG ATLANTIC
AVENUE, EAST FROM U. S. HIGh-WAY NO. 1 TO HIGH-
WAY A-1-A.
Commissioner Harbison moved that Ordinance No. G-$27 be placed
on FIRST READING. Motion seconded by Commissioner Warren and unani-
mously approved by the Council upon Call of Roll.
.C~ty _~_~nager Lawson then submitted and read Resolution No. 1189,
provlc~ng for a Change in Regular Meeting Dates of the City Council:
RESOLUTION NO. 1189.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING THAT CITY COUN-
CIL SHALL HOLD REGULAR MEETINGS ON THE FIRST
FOUR MONDAYS OF EACH MONTH.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
SECTION 1. The City Council of the City of Delray Beach,. Fla.,
shall hereafter hold fou~ regular meetings each calendar month, and
shall meet on the first-four Mondays of each month at 1:00 o'clock
P.M.; provided, however~ that when the day fixed for any regular meet-
ing of the Council falls upon a day designated by law as a legal or
national holiday, such meeting shall be held at the same hour on the
next succeeding day not a holiday.
SECTION 2. Ail regular meetings of the Council shall be held in
the Council Chambers in the City Hall of said City.
SECTION S. This Resolution shall become effective upon adoption.
Commissioner McNeece moved that Resolution No. 1189 be PASSED
and ADOPTED on this first and final reading. Motion was seconded by
Commissioner Harbison and upon Call of Roll - Commissioners McNeece
and Harbison, together with Mayor Talbot, voted in favor thereof, Com-
AUGUST 4th, 19%9.
missioner Warren being opposed. Motion carried.
Commissioner Warren informed the Council and the Public that he
had oppo.sed the adoption of Resolut. ion No. 1189 inasmuch as he felt
.the Public and all interested parties would best be served by conduct-
lng Council Meetings in the even.ing. Commissioner Harbtson also indi-
cated that he felt many people, ~n~erested in Council Meetings and
their conduct, woul.~ find i~ difficult to arrange for afternoon at
tendance due to bus,ness or employment, whereas they would attend eve-
ning meet ings.
Mayor Talbot informed the Press and Public of recent informal
meetings with M~, Willtam D. Sing?r, Member o.f the State Road Board,.
Mr. Winston. Carlton, District Engineer for said Board, Mr. Roy Calamus,
Mr. James Ritterbusch and Mr. Calamia's legal counsel, Att'y. Rhea
Whitley, concerning tem~oramy crossing of proposed State Road No. 9,
to provide access to a large tract of land, c~utrolled by Mr. Calamia
and lying west of the S.A.L.RR., south.west of the present Cit.y limits.
.City Manager Iawson, who accompanied the Mayor to these informal
meetings, further stated that Messrs. Carlton an~ Singer had assured
him that at such t~me as State Road 9 is determined to be opened by
the Bureau of Publl.o Roads, that such. D.ePartm.ent would want to do what
is best for the various towns and municipalities concerned, and that
at that time, a feasibility study would be made for the purpose of de-
termining the best and proper procedure relative to such temporary
crossing of State Road 9 being closed.
The City Manager then read - - - RESOLUTION NO, 1190.
A RESOLF~ION BY THE CITY COUNCIL OF THE CITY OF
DEIRAY BEACH, FLORIDA, REQUESTING TEMPORARY CROS-
SING PERt(IT OF RIGHT-OF-WAY OF STATE ROAD 1~0. 9
BY EXTENDING S. W. 10TH STREET IN DELRAY BEACH,
WESTERLY TO MILITARY TRAIL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O~ DEI~_~Y BEACH,
FLCRIDA:
That the S.tate Road Department o.f Florida be and it is he.toby re-
quested to pernut the temporary crossxng of the Depa.~tment's r~ght-of-
way for State Road 9 by extending S. W. lOt.l} Street .~n the City of
D. elray Be.ach in a Westerly direction to Military Tra~l on Lcwso.n Blvd.
(proposed) a.long the South City limits of Delray Beach, at a point lo-
c.ated approxlma~e_ly half way between the proposed crossings o3 said
right-of-way for state Road No. 9 at Atlantic Avenue and ~ermantown
Road.
It is understood by the.City Council of the City of Delray Beach
that it is a condition of this request that at such time as the State
Road Department wishes and desires to close such crossing, in order to
exercise the u.se.of its right-of-waY for Sta.te Road No. 9 for a limi-
te.d access facility, the D.epartment may termAnate the temporary per-
m~t hereby, requested, and it .ia agreed .that t.he Department may close
such crossing permanentl.y at its sole dl.scretlon; that in the event
the Department does terminate such crossxng, the. City of De.lray Beach
may then.constru.ct a gra.de separation at such poznt.and .at ~ts expe.nse
but.nothing herel.n contained shall be construed as imposing any .bh-
gatlon upon the C~ty .of Delray Beach, Pa]m Beach County or the State
Road Department, or either of them, to construct such grade separa-
tion.
PASSED AND ADOPTED in special session on this 4th day of August,
1959, A. D.
On motion of Commissioner McNeece and seconded by Co~issioner
Warren, the Council unanimou.sly PASSED and ADOPTED Resolution No. 1190
on this first and final reading.
AUGUST [~ti~, 1959
Commissioner Harbison info med' the ¢o mcii that he would submit
me~tin~ of th~ oono. ni. "RUS S OF n xt
lng attended by ~n Co~cil Members.
~yo~ Talbot infomed the C~issione~s t~t ~. Paul S. ~owles,
Chairmn of the Pla~in~Zoning Boa~, ~d ~equested that only five
names be presented by each Co~issione~s for Nembe~ship to the Board
of Adjustments with n9 identification of p~oposed alternates, and that
such 'L~st of N~es' ~nclude ~. Ke~eth Jacobson, who has expressed
his willingness to serve and who possesses wide ~owle4ge and e~e~-
ience in the f~ctions of such a ~'Board".
~. F~ed N. Spi~e~, of 919 ~ite D~., Delray Beach Sho~es S/D,
on South Ocean Blvd., requeste~ the Co~cil to reconside~ Resolution
No..il80, passed and adopted on ~y ll~h, 1959, whic~ Resolution "P~o-
hib~ts Extension of Wate~ Service ~ts~de the City L~its.
' ~. Spi~er cited th~ fact t~t prior to the adoption of Resolu-
tion No. llSO, ~ter serwce ~d been provided-to ~r~ous properties
in D~lra~ Beach Shores S/D, and now, in view of said Resolution, such
service ~s not available to certain lots which ~y abut lots that do
~ve city water service, and that such a condition works a hardship
on the ~ale of such vacant lots. ~. Spi~er also questioned the
o~ersh~p of the 5ate~ ~in Distribution Line on A~.
Commissioners ~bison and Warren felt that a contract my ~ve
been entered into be~een the City and certain areas, possibly verbal,
but by virtue of havin$ extended such service into said areas prior to
the passing of Resolution No. 1180, Co~ssioner Harbison further
stating t~t he voted against said Resolution inasmuch as he felt
there was an existing ~derstanding with various subdivisions to ex-
tend such service as developments thereof progressed, and believed
that the City should live up to such apparent ~derstandings, and fur-
ther felt that said Resolution No. 1180 was too drastic.
Co~issioner McNeece, co~enting on why he voted in favor of
Resolution No. 1180, stated that he felt any subdivision, prior to
development, should request a~exation to p~ovide themselves with the
facilities to be. offered by the City, and cited such procedure now
~de~ay concerning possible annexation and development of a large
t~act of land southwest of the p~esent city limits.
The Co~cil, on ~uggestion of Co~issioner Harbison, requested
the City ~nager to ~nvestigate all possible records for any existing
co~tments concerning extension of water service to any areas out-
side the present city li~ts and provide for f~ther discussion of
this ~tter on the next agenda and Co~cil meeting.
City ~nager ~wson ~eferred to the request of the Co~cil, at
its last meeting, that representatives of Smith and Gillespie be
requested to appear before the Co~cil concerning scope of work which
S~th & Gillespie would perfo~ in co~ection with the water system
for Tropic Pa~ S/D, and introduced ~. Gillespie %nd his associate
~. A. J. Birchall, who had come do~ f~om Jacksonwlle at the C~ty
~nager' s request.
Following general discussion as to just what is to be expected
of S~th & Gillespie, and the possibility that suc~ service might in-
corporate. Sewage System survey which ove~-all tie-in was not believed
to be advxsable at this time, Co~ssioner Warren moved that Smith &
Gillespie.be requested to ~evie~ the Plans and Specifications for the
t~ans~ssxon and ~istribut~on l~nes submitted by the T~opxc Pa]m~ S/D
developer's engineers, and to.report t9 the City of Delray Beach the
results of the survey and review cove~ng:
1. The adequacy and so~ess of the engineering design.
2. ~e confo~ity-of the plans with the present City of Delray Beach
specifications, and including a ~eview of the plans and specifi-
166 AUGUST 4th, 19~9.
cations with recommendations for modifications, additions or changes.
$o A recommendation of the type, size and location of master meter
or
4. The suitability of the proposed design with respect to anticipated
future growth and development of the City and the Subdivision.
~iotion was seconded by Commissioner Harbison and unanimously
proved.
MEETING ADJOURNED:
/'[ . / . .... R. D? WORTH!m -
/