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08-10-59 AUOUST 10TH, A Regular Meeting of the City Council was hel,i ~n the Cou~.cil Chambers at 1:00 P.M., with Mayor .George Talbot Jr, ~n the Chazr, City Manager W. E. Lawson Jr,., and Commmssioners J LeRoy Croft, Charles H, Harbison, .Fred B. M~Neeco and George V. Warren being present. An opening prayer was delivered by Rev. Robert G. Mox~ey. The C°uncil'ebYhld general consent, approved the Minutes of the Special Meeting on August Ath, as submitted. . City Manager Lawson referr.ed to. prior dis. cussions from time to tune over.recent years, concerning the improvxng of appearance and the establish~ng of.a uniform right-of-way on West Atlantic Avenue, and of further, consxderation_ thereof,, as a result of recent preliminary st. udxe.s made by Mr. George. Sxmons and the PI.arming B.oard in connec- tion w~th long-range plannxng, as well as tyxng in wxth the County- w~.de traffic survey for Palm Beach ' County, being advisable at this tme. The Manager further stated that Mr. KnowIes, Chairman of the Planning Board,.was present with a sketch of vacant and. improved lots al.cng W. Atlantxc Avenue as well as a survey and tentative recommend- at:~ono Mr, Enowl.es explained of having conferred, accompanied by the City Manager.~ w~th ~. Stephen. Middleton concerning the minim~n width of County main arteries, which Mr. Midd.leton advised as being eighty feet. Mr. Simons had recommended a minunum of 88 feet for said West AtlAntic Avenue, which is now 88' feet in most areas, said 88 feet be- ing sufficient..for, providing a four-lane highway with 20 foot parking areas on Both sxdes of the street. Mr. Knowles: further advised of having' prepared a survey, of all vacant lots, as well as improved lots, along W. Atlantic Avenue and as a result thereof, recommends Council consideration, for obtaining such land.s as are necessary to provide the desir_ed right-of-way for W. Atlantxc Avenue from Swlnton Ave. to proposed State Road No.. 9. Mr. Knowles: furthe~ cited the fact that to pr, ovide a 8Q. R/W it would Be found ~.u~necess.ary to move any structures (buildings), four .are found to he withxn an 88 ft R/W and ten are found to lie within the 108 ft R/W as provi~l by an existing ordinance,. Mr. Knowles, remindin~ the Council that 'an additional 20 feet on both the North and South s~des of the Avenue will be necessary to ef- fect a 108 ft R/W,. further advised that Mr. Simons had stated that he doubted _ if an~ stores, built on W. Atlantic Ave in the future, would be of grea.ter depth than 75 ft and therefore various lots and parc.els of land bexng so improved would pr. ovide for suitable parking facih- ties at the rear of such store buxldings. The Council, on motion of Commissioner McNeece and seconded by Commissioner Croft, .unanimously approve, d requesting the. City Manager to provide for a survey.of West Atlantic A. venue from Swxnton to pro- posed State Road No. 9 ~n or~r te establish the North and South lines necessary,, for providing a 108 ft R/W~ thereon. .Commissioner Harbison expressed appreci.ation for~ the opportunity of brxnging before the Council .a recommendatxon for "Rules ~ Order" and Procedure .to govern the actxons of the Council, an~ stated that he had ~iven the assignment much thought, had eontected other towns and cities and found ~hem to be using "Roberts Rules of Order" when same did not confl.ict with .Charter provis.ions and eXist, ing Ordinances. The CommiSsioner .c~ted .the xmportant requxrement as bexng that .some Policy should be establxshed to allow the Chairman of the Council the opportunity of knowing proper procedure by which to conduct Council meetings, Commission. er Harbison then move.~ for adoption of "Roberts Rules of Order - Rewsed", to govern Councxl procedure, when such Rules do AUGUST 10th, 1959. not conflict with Charter provisions nor existing Ordinances, a.n~d fur- thor to provide necessity of three favorable votes of the Councxl to cause an affirmative vote to be effected on any motion. Motion was seconded by Commissioner Warren and upon Call of. Ro~l - Commissioners Harbison and ~'~arren voted in favor thereof, Commmssxoner Croft and McNeece, together with Mayor Talbot, being opposed. Motion did not carry. · City M~_~ager Lawson, informed the Council concerning ~roposed ex- tension of S. W. 10th Street and related annexation of lan~s west of the S.A.L. RR., as follows: .th, Shat cost for providing cmuplete crossing protectxon would be $22,500.00. This amount does not include paving costs in connec~ tion with such crossing. 2. Att'y.s Har.~.y Newett a.nd. Rhea ~itle.y have not, as .yet, completel the preparatxon of Petitions and ordxnances to provide for an-- nexatton of lands west. of the S.A.L. RR., and controlled b.y Mr. Roy Calam~.a and .associates. These docm~ents should be avaxlabl~, for Council consideration at the next r~.gular meeting. $. R.E:. Engineering for t.he Water system in the newly proposed sub-~ .dlv~.sion of Mr, Calamxa's lands. Mayor T.albot suggested that possxbly the City should employ Smith &-G~llespie, as engineer- i.ng consult.ants, and Commissioner Croft, agreeing that some en- gineering f~mm s.hould be employed, felt that Smith & Gillespie would be the logxcal consultants. Commissione.r Warren, inquiring of the City Manager if profession- al engineering was necessamy.in this conne.ction, was advised by the Manager that. while t.he City's engineering department could handle the details of th~s function, it might be well to employ professional aid in order that the desired results be' obtained in a reasonable and desireable length of time. · Commissioner McNeece then mov?d the Smit~ & Gillespie be employe~ as. Consulting Engineers for extension of th.e l?ate~ Line and its cros- szug of the S.A.L, RR., to the proposed subdivision west thereof. Mo- tion was seconded by Commissioner Croft and unanimously passed. Relative to the ~uoted cost for providing Crossing Protection, and upon beSng asked xf Ga.tes, etc., wou.ld be necessa_ry at such cros- sing, the City Manager advised the Council tha. t the Superi.ntendent of the S.A.L. RR., had informed him of .recent ruling by _the'Railroad that no issuance of an unprotected crossxng would be allowed. City Manager Lawson informe.d the Council, and Mr. Fred M.. ~pinner whO.is a brok.er for various portxons of Delr_a.y Boa.ch Shores S/D, that an ~nvestisatxon of the.status of the Water Lxnes.xn that.particu~.ar area is. being made but x.s not yet completed, the ~nformat~n, having been d~sclosed thereby, is as follows: "From a search of Council mSnutes, the following information was found ~ertaining to the water ma~n on South Ocean Blvd and water main extensions outside the city in general. 5/8/44 - Mrs. Sm.~th (Lucy M. Smith,, now Lucy Helm), owner, of property south, of the city l'.z~i~ts (then at Casuarina Road).on the beach, was advised that the c~ty would only fu~n_ish them w~th water if they came into the city at the next legislature. 1/8/48 - Councilman W. S. Jacobs asked the City Attorney if the city has the right to sell water outsid.e the city limits. Mr. Nowlin stated the Supreme Court rules the c~ty has the right to sell surplus water. ~ 2 On February 17, 1945, the city and Mr. & Mrs. Burwell Smith entered into an agreement which provided in part: 'That the city will furnish surplus water for use of the present and future inhabitants and owners of lands lying in that part of "Sea- gate" which is south of the city's southern $oundary as proposed to be extended southwardly, and for use within said part, as long as such surplus water is available and in the opinion of 'the City Council of said city it is for the-best .interest of said city to furnish said sur-. plus water for such use, provzded, nevertheless, that during such times as the city shall furnish water for use in territory outside the city, a fair and equitable share of the water so furnzshed shall be furnished by the city for use of said present and future inha.bitan.ts and owners of lands in said part of Seagate' and for use within sa~ld -' ~art. In furnishing water, as aforesa, id, for use within sai.d part of Seagate, the city shall do so by selling the same to Mrs. Smmth, or her nominees, at the regular rate charged to out of city water consum- ers, and the city shall not be required to provide mains through such outside territory, and Mrs. Smith, or her nominee, shall notify all users of the provisions of this paragraph. Ail such war.er shall be · metered through .one master meter located within the terrztory incor- Porated in the lzmits of the City of Delray Beach. Florida. This me- ter shall be installed by Mrs. Smith, or her nominee, without ~xpens3 to th~ City of Delray Beach, but shall become the property of the City of Delray Beach, Florida.' Ail water mains and other water fixtures not located on private property which are installed in the territory " .incorporated in the city limits of the City of Delray Beach shall be installed without expense to the City of Delray Beach an~ shall be- come the property of said city. Ail water fixtures installed outside of the territory to be incorporated in the City of Delray Beach shall be installed without expense to the city. .The city's southern bound- ary as proposed to be.extend.ed sout~wardly is the south line of the North 1395 feet of sazd Section 21 (north line of W. S.. Goodspeed pro- perty) .' 3/14/49 - The extension of water pipe lines south of Seagate for a distance of 15,000 feet was discussed and referred to the city attorney for checking of any agreements with Hr. & Mrs. H. A. Helm w. ho claim t.hey.own the pipe line and Mr. Allabaugh who extended the hne about 1~ nules south along Ocean Blvd. · 2/2/80 - Mr. R. ~V. Hert~.ig: representing the Town of Highland ~each, requested permission for that city to hook-on to the line on South Ocean Blvd. and to receive water for approximately 90 days until that Town's water Plant~ is completed. He stated they had permission of Mrs. D. E. Pickens (the southernmost property owmer on the line) but there was some objection from some property owners on the line who feared a lessening of pressure. City Manager Black explained that the water lines through Seagate and Byrd. Beach were private.ly owned a.n.d maintain, ed by residents. Motion passed by Council authorizing the C~ty M~nager to nego- tiate with the owners of the water lines in Seagate and Byrd Beach to acquire these lines. (There is no further record of these negotia- tions). 9/8/81- The. City Council adopted the. "Water. Nain Extension Policy" whzch contained the followzng prowsions for "Outside the City" users: 1. The entire cost of line extensions outside the city limits would be borne by the individual or developer requesting sez~ vice. 2. Plans for extensions into new subdivisions must be approved by the City Council. S AUGUST 10th, 1959. $. Water rates will be double the established rates for resident consumers, with the provision that if the property is annexed not later than the second municipal election following the approval of the plat of the subdivision the users shall receive as much ~free" water as they had previously paid for at double rates. 4. Title to all mains is vested in the city and the city shall have the right to have new customers added to the main without permission of any party contributing to the original extension. $. Service connection charges will be over and above main exten- sion costs. 6. Written agreements incorporating the provisions are to be signed before any new extension is undertaken. $/21/§6 - City ~anager Lawson requesting clarification of the Commis- sion's desire as pertains to water service extension, was in- structed to supply water from existing mains where only a con- nection thereto is necessary. Delray Beach Shores subdivision is comprised of 70 platted lots, all situated between the Intracoastal~Vaterway and Highway AIA. Spinner estimated there are 68 property owners of land in the sub- division. There are three methods of annexation into the city which are: A. Petition and consent of the p~operty owners which must be unan- imous in writing for any contiguous p~cel or area to be an- nexed. B. If the tract comrised property owned by nine or loss f~ee- holders, it may be annexed ~n accordance with thc provisions of Section 185 of the Charter, sometimes called %y pp~lication". In this manner the area of Delray Beach Shores could~ssibly be annexed in about 8groups of lots which would take. quite a period of time. C. If the tract to be annexed is comprised of ten or more free- holders, the annexation can be accomplished by referendum held in each, the city and the area proposed; and in each a majority of the freeholders actually voting in the election must approve., Of the three,~the first is probably next to impossible to accomplish in Delray Beach Shores inasmuch as it is doubtful if each and every property owner would request annexation at the present time. The second method is feasible, but would take quite some time to accom- plish - about one and a half years or longer depending upon Council desires a~d possible legal actions. The latter method is probably the most feasible, but also.the most costly inasmuch as two separate ref- n " erendums are required w~th the resultant election expe ses. /S/ W. E. LAWSON JR., City M'g'r. Mr. Fred M. Spinner protested the delay of the Council in ex- tending him water service into Delray Beach Shores S/D. The Council discussed the possibility and advisability of em-' loying an attorney to serve in the absence of City Att'y. Harry T. ewett. Commissioner McNeece moved the matter of extending water service to Delray Beach Shores be tabled pending legal advice from the City Attorney or a temporary ~ttorney employed for the period of the C~ty Attorney's absence. M~t~on seconded by Commissioner Croft and upon Call of Roll - Commissioners McNeece and Croft, tosether with Mayor Talbot, voted in favor thereof, Commissioners Harb~son and V~arren being opposed. Motion carried. A AUGUST 10th, 19~9. 171 Commissioner Warren then moved that an alternate attorney be ointed to serve in the absence of the City Attorney who is now at- ending Army maneuvers at annual summer training camp. N~tien was seconded by Commissioner Harbison and unanimously approved. City Manager Lawson then read - - - ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING SUBPARA- GRAPH 2(c) OF SECTION 29-?.2 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ELININATE RESTRICTION UPON NUMBER OF EMPLOYEES FOR RETAIL BAKEP~Y. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA: SECTION 1. That Subparagraph 2(c) of Section 29-?.2 of the Code. ~ of Ordinances of the City of Delray Beach, Florida~ is hereby amended by striking the words "not more than five employees" following the word ~'bakery", so that said subparagraph 2(c) shall read as follows: · "(c) Bakery." PASSED and ADOPTED on second and final reading this 10th day of August, 1989~ -McN?ece,' the~ C'o~u~cil unau~mously apprOv~.d 'the' PAs~ing 'and'~Ad°ptlon of Ordinance No.'~G~$24 ~on 'thi's'~second' an~ fina'l readingj ' ~ ~'''' Th~ ~City Mam. ager submitted ~and re.~ad - ORDINANCE NO, G-325: AN ,ORDINANCE RELATING ,TO ZONING: AM~ENDING SECTION 29~7.6 ~OF 'THE ~CODE'OF ORDINANCES 0F THE CITY OF ~and "C-3" DISTRICTS' ~ICH. ARE BOUNDED' ~0N REAR 'BY ~. AN ALLEY SHALL HAVE A REAR ~SETBA CK OF TEN FEET,~ MEASURED FROM THE CENTERLINE OF SUCH ALLEY. 'B~E'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION !.. That section 29z7.6 'of the Code of .O~dinances of~ the ~' . .CLty of. Del~y. Bea~Ch, Florida, is hereby amended, by pro ~ding the following additional provision; "Ail C.o.mmercial'bui.ldin~s her.ea.fter erected.upon .Proper. taes located '~n ."C~i'' ~Lxm~ted Commercial bistr~ct, and in "C-2" General Commercial District, and in "C'3" V~.olesale. Distribution and Ligkt~. In- dUstrial Distr~ct~ whl0hI proper~ties are .'bounded .enl. ~ ~the rear. by an alley, shall be~ se'~back a~ distance · Of. ten. (10.)~ feet fr~m the. centerI~ne of .such alley'~ and no structure shall be erected, altered or recon- structed within such areas located~.within ten .(lO) ~eet of the centerline of such alley." PASSED and'ADOPTED on.-second and final?reading,., this 10th day of August, I959'. , On motion cf Commissioner Harbison and seconded by'Commissioner McNeece, the Council unanimously agreed on .the Passing and Adoption of Ordinance No. G-$25 on this second and final reading.~ .The City'Mamag~r then presented the following ',Reports" from. the Planning Board: AU US lOCh, !959. RE: Request of ~. A. G, Pruyser Jr., 1, "At its regular meeting e~ July 31, ~959, the Plying & Zoning B?a~ consi~?e~ t~e req?st for a f~ve foot rear set~ack dewa- t~on to ~e~t the erection of a screened enclos~e aro~ a sw~- rang There have been t~ee heari~s in this m~tter so ~11 parties have been well advised of facts and procedures. The Board ~imously agreed tB~t s~nce Fishers ~e is very narrow and is a ~in access to dwellings thereon that a ten foot '~'set-back is ~nim~ and not too much to preserve vSsibility as well as the'cham.~Of'the street t~t the request for this structure denied. "~ '~ /S/ PA~ S. ~'~ES, Chair~ The Co,oil, on motion of Co~issione~ McNeece, seconded by ~ssioner Crof~,.~nimously approved denial of ~. Pr~ser's re- quest .in sustaining the reco~endatlon of the Pla~ingBoar~. 2~ "At'its regula~ meeting on July 31, 1959 the Pla~ing and Zoning Bgar~..conside~ed the request of ~s. Mildred H. C~non for per- masi~e.useifor the opera:rich of a childrens home on Lot 24, B~. 118'. which is S,E. ls~ Street an~ Federal ~. ~' Ail persons present were objectors, but a letter from. the o~ers of the p~operty was ~ntro~ucet as being oppose~, which as far as we were concerned vol~ed the ~equest. This highlights the fact that only o~ers should rake re- quests for ~eViations a~d should be present to make their request or have their agent present for them, . At. this meeting the Board ag~ee~ that o~ers or their agents shall be present at'the time the ~e~st is heard o~ the Board wi~ a "' not act on the c se. , -. ~ '~',~, '~ /S/ PAUL S. ~O~ES, . The Co.oil accepted the, reCo~endatton ~of the Planing 3. "At its regular meeting on~ July 31, 1959 the Pla~ing & Zoning . ~ Board Considered the request of Y~. F~eSerick G. Wee~ for a set back deviation on Lots 8 and 9 in Park Court S/D. In view of the 80 foot access established by ordi~nce, the BOard ~animo~ly approved this ~equest since he can ~ve access to the carport either thru present drive in this access c~e in directly from N.E. 1st Street. This can ~rdly set a precedent nor can it be of concern to the neighbor to the west." /S/ PA~ S. ~OWLES, C~irman ~ motion ~of Co~ssioner Harbison and seconded by Co~ssioner ~Neece, the Co,oil ~anim~usly approved the request of ~. Frederick G. Weed for a.four foot set back to carport on the west side.of Lots 8 and 9 in Park Cour-t S/D, .as reco~ended by the P~ing Board. A. "At its regular meeting on July 81, lp59, the Pla~ing & Zoning Board considered the suggestion sub~tted to you by Dr. L. C. Gyl~en~rg to rename N'E-2nd Ave., northward, from 8th Street, to Seac~eSt Blvd. ' Since changing an already n~ed street involves considerable trouble and some expense to.residents by way of ch~ging all le- gal doc~en~s, insurance policies, etc., the Board reco~ends that a public hearing be held to ascertain the desire of the residents themselves. The Board has no objection othe~ise to the rena~ng." /S/ PA~ S. ~O~LES, Chair~ . Co~ssioner Croft inquired as to~w~t is to be acc~plished by such ren~ng of a portion of N. E. Second Avenue. Co~ssioner Warren felt ~hat such expenses might be ~rr~ted and favored contacting all part~es concerned, in order to deter~ne, once and for all, if such ren~tng should be authorized, as City Na~- ge~ ~wson info,ed the Co,oil as follows: AUGUST 10th, 1959. "On January 11, 1955 a similar request and recommendation for the City to rename N. E. 2nd Avenue to Seacrest Blvd. was referred to the Planning Board. The Planning Board reported on January 22nd and it was considered by the Council at the January 25th meeting. In general, the Planning Board felt that insufficient reasons were shown for the name change and recommended that the request be denied. By a 3 to I vote, the City Council upheld the Planning Board recommendation." Col. Andrew Fabens, speaking as an individual with no interest in any property in the affected area, did not favor rena~ing of said N. E. 2nd Avenue and suggested the possiblility of an added name plate to the existing sign post indicating the "Direction" of Seacrest Blvd. The Council, on motion of Commissioner Croft and seconded by Com- missioner Harbison, unanimously approved referral of this suggestion, as submitted by Col. Fabens, to the Planning Board for consideration and recommendation. On Motion of Commissioner Harbison and seconded by Commissioner Croft, the Council unanimously approved for payment, subject to the approval of the Finance Committee, the following Bills submitted by the City Manager: General Fund $ 73,285.61 Water-Operating 11,842.15 Special Assessment 10,279.57 Refundable Deposits 2,965.42 Payrolls 19,634.31 On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously agreed on authorizing the City Mana- ger to proceed with providing for installation of Flashing Lights in the neighborhood of public schools and recommended by Chief of Police R. C. Croft to be as follows: 2 @ Plumosa Park School 4 @ Delray Beach Elementary 2 @ W. Atlantic Avenue 2 @ Spady Elementary City Manager Lawson informed the Council of having solicited bids for removal of old sidewalks and construction of new walks on the south side of Atlantic Avenue, between Swinton and S. E. 1st Avers., which, it is estimated, would result in 2,330 square feet of walk, and of having received but one bid, that being from a local contractor Mr. R. M. Garner, and in the amount of 45~ per square foot, which amount, the Public Works Director, feels to be a reasonable bid.' On motion of Commissioner McNeece and seconded by Commissioner Warren, the Council unanimously approved award of contract to Mr. R. M. Garner for construction of a NEW Sidewalk on the south side of Atlantic Avenue from Swinton to S. E. 1st Avenues at a cost of forty- five (45) cents per square foot, as recommended by the Director of Public Works. The Council requested the City Manager to solicit the re-surfac- ing of Atlantic Avenue, in February 1960, by the County. Commissioner Warren reported to the Council that both he and Com- missioner Croft had conferred at length with Director of Recreation Tom Gray concerning proposed site and tentative plans for a Civic Center and were ready to proceed with further and definite plans, and submitted the following names for membership to the "Recreational Advisory Board": Dr. E. Monro Farber Mr. Roy M. Simon ~ir. John A. Thayer Mrs. Helen Lee Mr. Jas. C. Raymond AUGUST 10th, !9%9. The'council,~ on motion of Commissioner Warren and secomted by Commissioner ltarbison, unanimously approved the ,appointment of - Dr. E. Monroe Father M~s. Helen Lee Mm. Jas. C..Raymond Ma-, Roy M. Simon Mm. John A. Thayer to constitute the Membership of the "Recreational Advisory Board", and each of whom to serve until a successor be appointed. Commissioner Harbison requested being advised what Rules of Order govern the actions of this Council and clarification of such-Rules of Procedure. ' Mayor Talbot vacated the Chair to allow for any desired action on the matter, stating that he felt the past policy and procedure of this Council had been understood and had operated' in the best interests of all concerned. Commissioner Croft inquired if any Commissioner had any objections to the proposed Rules of Procedure as submitted by City Manager Lawson sometime ago, but never adopted. _ Commissioner Harbison suggested that a study of such proposed Rules of Procedure should be made - Item by Item - in order to deter- mine if sUch 'Procedure' is that which the Council desires~ The C°m' missioner expressed preference for Roberts Rules of Order but cited the importance of the adoption of some Rules of Procedure under which the Council is to function. Commissioner Warre.n. moved for adoption of Roberts Rules o.f Order when not in conflict with existing Ordinances or Charter and a requirement of three favorab.le votes to cause an aff~.rm.atlve vote to be effecte~ on any motion. Motion was seconded'by Commssloner Harbison. · In the discussion which followed, Vice-Mayor McNeece, in the Chair vacated by Mayor Talbot, identified this motion as being identical to a motion p~eViously acted upon by the Council at this meeting, and considered further consideration' of same unnecessary. Commissioner Warren then withdrew his motion. The Council, at the.'.%uggestion of Mayor Talbot, requested· the City Manager to.instruct the Ci~.~-Attor~.e~ to prepare an Ordinance, for consideration by the Council, providing for - "An ordinance establishing Minimum Housing Standards' for the City of Delr. ay"Beach, Florida, for the pro- tection of the pubhc health, safety, morals and wel- fare of the people." The Council, on motion of Commissioner Warren ~nd seconded by Commissioner Ha. rbison, unanimously agreed that a Special Meeting be p. rovided for 1.00 P.M., Monday, August 81st, 1~$9, for a Public Hear- lng on the proposed Budget for 1~S9-1~80. On motion of Commissioner Harbison and seconded by Com~m~[~[ssioner Warren, the Council unanimously approved and request.ed the City Mana- ger to contact Russell & Axom: inviting the engi.neerlng firm to aPT pear at the next. Council Meeting for an oppo. rtun~ty to present proposal concerning the proposed sewage pro,eot. MEETING ADJOURNED: . R.D. WORTHING