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08-24-59 177 AUGUST 24TH, 1959, .A Regular Meeting of the City Council was held Sn the Com).cil Chambers at 1:00 P.M., with Mayor Georg? Talbot Jr. zn the Chair, City Manager W. E. Lawson Jr., Acting City AttorneyNeilMacMillan and Commissioners Charles H. Harbison and Fred B. McNeece being pre- sent~ An opening prayer was delivered by Rev. Paul Smith. The Council, by general consent, approved the Minutes of the reg- ular meeting held on August 17th, 1959, as submitted. Att'y. J. Clinton Scott appeared befor? the Council on behalf of .Mr. and Mrs. August G. Prws? Jr., requestzng re-consideration by the Council concerning a devzatiun request of a 5 foot set-back to permit construction of a screen enclosure around a swimming pool on lots 35 and 36, Las Palmas S/D, which request had previously been de- nied, following a public hearing thereon. Att'y. Scott submitted a petition, signed by many owners of pro- perties in the i~ediate area all of ~hom. expressed their approval for such a screened enclosure, and whzch mcluded Church representa- tives expressing their approval of such an enclosure. Att'y. Scott- further cited the fact that at the public hearings, originally held,' there were but two objectors, and one of them, namely Mr. &Mrs. C.R. Truehart, withdrew their objection, evidencing such withdrawal by telegram which the Attorney presented. On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Council unanimously approved authorizing the Building Inspector to issue permit for the screened enclosure and a deviation of five feet from the rear lot line for such construction relative to the swimming pool on Lots 35 and 36 in Las Palmas S/D. City Manager Lawson referred to his "Memorandum" to the Council, wherein he advised of having met with Mr. Johnson of the utility com- pany and Messr~..McK~nney and Bander of }he ~eve~opers, congerning' plans and specifications for the water d~str~but~on system ~n Tropic Palm subdivision. A general discussion followed between the Council and Messrs. McKinney and Bander relative to the criterion which should deter- mine when an additional feeder main would be required, with the de- velopers favoring only such time as the consumption became $00 gal- lons ~er.min~te. ~ommAssloner Harbison, however, felt that the Council should. seriously conside~ recognizing a criterion 9f a limited 150 Homes, to avoid the possxble tapping connection being made to several hun- dred homes, not tenanted for a period time, which condition, at such time in the future when a volume of sales might occur, might prove difficult to control. Further discussion followed withMr. Bander. stressing the point that regardless of how many homes or tap connections existed the City could always cut-off the supply.when consumpt~gn reached 300 G.P.M., and the developers had not provided for an additional feeder supply, Coww,~ssioner McNeece moved that the C~tyManazer and City Attorney be requested t? prepare an Agreement (Con}rac~! to provide for the Developers taking neges~ary step~ to furnxsh, lnstail and effect an additional feeder ma~n xnto Tropxc Palms S/Dwhen 180 Homes have been constructed therein OR water consumption has reached 300 G.P.M., whichever cogdition first becomes a re%lity, and suc~ agreement shall further.prowde for a~l costs of additional supply hnes, necessary to provide war? Service to Tropic Palms, shall be borne by the de- velopers of sa~d subdivision. Motion seconded by Comm~ssioner Harbison and unanimously passed. AUGUST 24th, 19f9. The City Nanager ~nformed the.Council that Petitions, providing for request of annexation of certain lands southwest of the present cxty hmmts, are ~n the p. rocess of being executed and will be sub mitred, by Mr. Roy Calam~a, for consideration at the next regular Council meeting. The Council, on motion of Commissioner McNeece and seconded by' Commissioner Harbison, unanimously agreed that the 'Request' of Mrs. Gerald E. Turner, shown below, be referred to the Planning Board for Public Hearing to be held by said Board: TO City Commission August 19th, 1959. . "It is my intention, if permissable, to open a morning nursery ~n m~ home. The nursery will be conducted daily, Monday through Fri- day, from 9 A.M. to 12 noon. Our home, which we own, is located at 203 Dixie Blvd., Lots ll and 12, Del Ida Park. I would like to point out that due to the peculiar, shape and location of our two lots,.our house is a consid- erable d~stance from neighboring houses a. nd ~s well screened b.y trees a. nd shrubs: Furthermore, the back yard is completely fenced xn and ~s well su~.ted for .such an undertaking. Hoping you w~ll grant m~ request, I am" ' /S/Mrs. G. E. Turner City Manager Lawson submitted the following 'Request' received from "Veterans of Foreign Wars": ' TO CITY COUNCIL August ?, 1959 "It is the desire and intentions of our club to commence an im- mediate program to beautify the Pon~v League Field. This program will entail an expenditure of more than $3,500.00 and considerable time on the.pa.rt of our members, which we are anxious to invest. However, in rewewmng our present lease, we are inclined to feel that we have  ittle or no protection for our pr. esent investment in excess o.f 19,7§0, and we hope that before xnvesting more, we might obtain a new lease with the City of Delray Beach. We had in mind a lease that wou.ld run for an extended length of time, adequate to justify our ad- ditional expenditures. We had also hoped that the new lease would not restrict activities to be held on the property in question, as we would desire to use this area for activities of other groups such as Churches, Boy Scouts, etc., making this.a.y.ear round recrea_tional fi.eld.. The ~resent lease restricts activities to the Pony League, which ~s active only two months of the year. We understand that the City of Delray Beach needs an area for the use of load_lug and unloading far.m laborers, and it is the desire of our entire club membership to dedicate the Northwest corner of the field for this worthwhile need of the City. We trust that the City Council can consider our problem and grant us a lease that w.ill be more .in keeping with our needs and such that would protect ou~ znvestment, in order that we may proceed with our p.lans to beautify the area and make it grow as a compliment to the C~ty. ~ . Thank yo.u for your consideration and early advice ~n this matter that is most ~mportant to us." /S/ R. E. PHELPS, Adjutant TRUSTEES Gordon Lane V.F.W. POST AIA1 Robert Favre Brady Beverly The City Nanager also reviewed the current 'Lease' which ex- pires October 1Sth, 1~2, and was requested by the City Council, on · motion of C.ommissioner Harbison and seconded by Commissioner McNeece, to confer w~th the Trustees of ~eterans of Foreign Wars Post AiA1 and obtain a detailed plan of the anticipated activities of the Post for further consideration by the 0ouncil. 2 ~ · oht'h ~9~9. City Manager Lawson then read - - - ORDINANCE NO. G - 326: AN ORDINANCE RELATING TO ADVERTISING; AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROHIBITING DISTRIBU- TION OF ADVERTISING %'~ITHIN THE CITY OF DEIRAY BEACH ON FEDERAL HIGHWAY, EAST FIFTH AVENUE, ATLANTIC AVENUE AND OCEAN BOULEVARD; AND PRO- VIDING PENALTY THEREFOR. BE IT ORDAINED BY THE CITY OF DELP~Y BEACH, FLORIDA: Section 1. That Chapter 3 of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended, by providing the follow- ing additional provision: "No person shall distrib, ute any advertising or literature.- on East Sixth Avenue, (also known as the Federal Highway),. on East Fifth Avenue, (also known as the Old Dixie Highway), Atlantic Avenue, or on Ocean Boulevard within the City of Delray Beach, Florida." Section 2. Any person or persons who violate this ordinance shall, upon conviction thereof, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach, Florida. PASSED AND ADOPTED on second and final reading this 24th day of August, 1959. /S/ GEORGE TALBOT JR - M'A-Y 0 R On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously approved final passage and adoption of Ordinance No. G-326 as read. The City Manager then read - - - ORDINANCE NO. G-327: AN ORDINANCE RELATING TO ZONING; AI~ENDING SUB- SECTION (9). OF SECTION 29-7.6 BY ADDING SUB- PARAGRAPH (c) DEFINING THE SET BACK ALONG AT- LANTIC AVENUE, EAST FRC~ U. S. HIG~flAY NO. 1 TO HIGHWAY A-1-A. BE IT OR DAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLA: SECTION 1. That subsection (9) of Section 29-7.6 of the Code of Ordinances of the Cit. y of Delray Beach, Florida, be and the same is hereby amended by adding subparagraph (c) to pro- vide and read as follows: "Within the business district along Atlantic Avenue, east from U. S. Highway No. 1 to H~ghway A I-A, all commercial buildings shall be set back forty-three (45) feet from the cen- ter line of said Atlantic Avenue, and no struc- tures shall be erected, altered or reconstructed within the area between such set back lines.'" SECTION 2. Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED in regular session on this second and final reading this 24th day of August, 1989. /S? ,GEORGE TALBOT JR,. The Council, on. motion of Commissioner Harbison and seconded by Commissioner McNeece, unanimously approv.ed ADOPTION of Ordinance No. G-327 following this final passage by said Council. On-motion of Commissioner Harbison and seconded by Commissioner McNeece, the Council unanimously approved.payment of Bills submitted b.y the City .~.nager, and shown below, sub~ect to the approval of the F~nance Commttee: General Fund $ S,S21.84 Water - .Operating 1~772.07 Payroll Accounts 18,293.59 By general consent, .the .Council unanimously agreed that the City Manager should proceed with his very well prepared "MEMORAltDUM" of recommended "City Services and Regulations" role.ting .to newly annexed lands and areas in the pr.ocess .of annexation, w.h~ch C~.ty Manager Lawson submitted for consideration by the Council and Ks as follows: Because the City is in the proce.ss of ann.exing a number of small parce.ls and.at least on.e large s~u.bdiv~sio.n, th~s appea.rs to be ~ ap- propriate t~me t? consider when City Services and ~egulations will af- fect the proper.ties. . . The following list nucludes services and regulations which are applicable to annexed property: * 1. .Police Protection 7; Building. Inspecti.on * 2. Fire Service 8; Street L~ghts & S~gns * $. Garbage Colle.ction 9; Street Maintenance Trash Collectaon 10~ * ~. Parkway M~_intenance * $; Water Distribution 11. S.a~.it. ary Inspections 8. Assessments & Licenses lB. Utmhty Taxes Those services .m~.rked (*) are ones which are most apparent to property owe. ers and which should c.ommence as soon as posst~le. The others are lmprot~a~.t to.o,.but a sl.~ght .delay would not have the s.am.e effect on the public opinion and financial treatment of ~he new c~t~- zen as would the first five. It is suggested that the following schedule would provide the services when needed and also help the City's public relations: 1. Police protection would begin following first reading of the annexation ordinance. Prior to the effective da~e of annexation, how-' ever, ar.rest.s would only be made by the S.heriff's Department. Police patrol with Its ~eterent effects on law violations would be a cour- tesy service prior to annexation. 2, Fire service would be made available as soon as the proper- .ty o.wne.r had consented to.annexation. In the event the City took the ~nit~atlve toward annexation, and some owners had not consented to an- nexation, fire service would be made available after first reading of the ordinance of intent to annex. If a fire did occur before the pro- perty were annexed, the fact that City equipment responded should strengthen the City's case an~ convince ~he owner that his property should[ be in the City. $..Garbage is collected within the City only after quarterly payment xn advance for the service. The Finance Depa.rt.ment would send a letter to the owner of improved property explaining operation of the system. With the letter wo.uld be a statement covering payment du.e .from effective date of annexation through the current quarter. Initial ~ayment .would be prorated to the .nearest.month. Actual date of starting service would be on an "as pa~d" bas~s, but not before the property had been actually~mecmme annexed. 4 4. Trash collection would begin in the regular schedule of that Division for the sector in which the annexed land were situated. De- pending upon the schedule, collection would commence on or after an- nexation were effective. 8. Change in water rates would.be determined by a special meter reading on the same date that the annexation ordinance became effec- tive. Particular care would be exercised to prevent billing a custo- mer et the "Out-of-City" rate for water used after annexation. 8. Assessment of real and personal property would be made be- tween January first and March first of the year following annexation. Regular asssssments would be levied against the person, firm or corp- oration owning t~e property on January first. In th? event, however, that.t~x concessions ~ere made a pa~t of t~e annexatxon procedure, conditions set forth in the annexation ordinance would apply. If the annexed land included property~which would be subject to business, profess?hal or occupational licenses, procedures re- quired by Section 18 $ of the City Code would govern. ?. Regulations relating to permits and inspec~ion~ for building, plumbing and electrical service would become effectxve ~mmediately following annexation. 8. The street lighting system would be extended to the annexed area as soon as budgeted funds permitted and development of the area warranted such extension. The subdivision ordinance requires the developer to erect standard street name s~gns. If the annexed terri- tory is part of an old development, the C~ty would purchase and in- stall street name signs as soon as practicable after annexation. 9. Maintenance of streets in the annexed territory would com- mence as soon as annexed and accepted by the City for maintenance. 10. Following annexation, parks, parkways and street trees in the area would be accepted for usual maintenance such as mowing and pruning. ll. Services of the Sanitarian would be made available immediate- ly following annexation. 12. ~Gas, electric and telephone utilities companies would be notified by the Finance Department. The notice would describe the property and show effective date of annexation along with instructions to collect the City's utility tax for all bills subsequent to the date of annexation. Finally, it is proposed that the City Manager would mail a perso- nal ~etter to each owner of annexed.property immediately after second reading of the ordinance of annexation. In general,-the letter would explain procedures for commencement of City services, tax assessment an~ rates, billing procedures, and a welcome into the City." /si w. E. AWSO Cityi Manager Mr. James T. (Jim) Smith, one of the many local BOY SCOUT Leaders, appeared before' the Council and expressed concern over the future of the "Hut" on N.W. 1st Avenue inasmuch as the proposed NEW' City Hall construction would eliminate a portion of the "Scout Hut". Following discussion of the many activities centered in the building, the Council assured Mm. Smith that the City would definitely provide for adequate building and facilities for Boy Scout Hut activ- ities, to.the ?xtent heretofore supplied, should the present building and building slte~become affected by future City Hall construction. AUGUST 24th, 19~9. Na¥or Talbot infome~ the Council of having received a.letter from Comissioner' George Warre.n who expressed regret at hav~ to be in New York, on business, causxn~ his.absence from Council meetings, but assu~ed the Namer that every possxble effort would be extendea to ,e~m~t the Commissioners to pe . presence by AuEust $1st, the ~ate vi~g a ~b~ic Nearx~ on the propose~ 1~-1~0 B~get. p~o- O~ssxoner Warren fu~her state~, xn his letter to the that he hope,.the Co~ctl ~, sche~e an ~o~l meeti~sfo~ cussion of sax~ B~get. ( ~r file~ with official ~nut' of this ~et~g.) MEETING ADJOURNED: R. D. ~DRTHING APPRNED: .~' .~. / -.'~'