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09-21-59 195 SEPT]5~BER 14TH, 1959. A Regular Meeting of the City Council was held in the Council Chambers at 1:00 P. M., with Mayor George Talbot Jr. in the Chair, CSty. Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com- mssloners J. LeRoy Croft, Charles H. Harblson, Fred B. McNeece and George V. Warren being present. An opening prayer was delivered by Reverend Paul J. Smith. The Council, by general consent, approved the Minutes for the Council Meeting of September 8th. Ers. Frank H. Doman appeared before the Council in protest of ~he action taken by the Council at the previous meeting, concerning ~ts determination to open, grade and pave t~at part of N. E. ?th Ave lying between 5th and 8th Streets, and submitted a 'Petition' from the majority of the property owners.abutting N.E. 7th Ave between 5th and 7th Streets who feel there ~s ne need for such an improvement at this time. Commissioner McNeece moved to rescind the action of the Council which ordered the opening, grading and paving of said Right-of-Way, taken at its September 8thmeeting, and refer the 'Petition', sub- mitted by various property owners whose lands abut N. E. ?th Avenue . between ?th and 8th Streets, to the Planning Board for study and rec comendation. Motion seconded by Commissioner Warren and unanimously agreed. City Manager Lawson informed the Council of having met with representatives o~ Veterans of ForeignWars, as requested by the Council, and submxtted a proposed new lease, prepared by the Veterans of Foreign Wars, relatiye to Block $?, at present under lease to the V.F.W., which lease expires October 1S, 1982. Commissioner Warren suggested that it might be advisable for the Council to consider ve-locatiDg such activity inasmuch as the Atlan- tic Avenue property (Block S?) may be desired too valuable and needed for other purposes due to the importance of W. Atlantic Avenue in the westward expansion of the City. Commissioner McNeece cited the fact that such proposed lease, if considered, should be revised inasmuch as there appeared no pro- vision therein for providing parking and a loading/unloading station for workers as had previously been recommended by the Council as be- ing a necessity. .~.. Mgrris, of the V.F.W., advised that the organizatign ~ntend- sd~m~.k~n$ mprove~ents to the p~operty at an early dat~, pr~ncxpally · ~n lighting ~acilxties and possibly a building for their headquarters, which intention had prompted the V.F.W.'s request for a new and long- er lease. Commissioner Croft felt, in supporting Commissioner Warren's belief, that this prop?tymight be better suited for some other use due to westward expansion and proposed future improvement of West At- lantic Avenue. Commissioner Harbiso~ expressed ~ belief that, should a new lease on Block $? be considered, it m~ght be well to provide for a shorter term of lease, than thepro~osed 20 years. V.F.W. re?resentative Er. Morrxs further advised that his orga- nization also ~ntended to possibly provide for a "Scout" Hut and also other recreational facilities. On motion of Commissioner Warren and seconded by Comm~issioner Harbison, the Council unanimo?ly favored tabling of this matter and . requested the City Manager, with the a~d of the Recreational Director, to review available City owned lands to determine if there might be a more suitable site for the home of the V.F.~., and advise the Coun- cil of their findings as soon as possible. City. M~.nag? Lawson then submitted the only. BID received, from seven solzcztatzons, for Removal and Reconstructzon of SIDEWALKS on Atlantic Avenue from Swinton to Federal Hizhway, said Bidbeinz fur- nished by - R. M. GARNE~., in the amount of-$$,~55.00 which bi~is offered for the stated z.m~.rovement of. lO,500 square ~eet of Szdewalk, resulting of Survey p~ov~ded by the.Dzrector 9f P~l~c Works, Mr. Mark Fleming, who advised the Counczl that sa~d b~d appeared to be a reasonable one, amounting to fifty-one cents per square foo~, for Re- moval and Reconstruction of 10,$00 square feet of S~deWalk~zn accord- ance with specifications of the City. The Council, on motion of Commissioner Warren and seconded by' Commissioner Croft, unanimously approved award of contract to R. M. GARNER CONCRETE CONSTRUCTION, for the Re-moral and Re-construction of. 10,500 square feet of Sidewalk on Atlantic Avenue, for the sum of $5,355.00. The City Man~ger advised the Council of havin~ discussed the . matter of a 'Crossing' for State Road ~9, with Mr. ~arleton, concern lng the status of a permit for such crossing, and of having ~een in- formed by Mr. Carleton that the State Road Board had no meet~n$ on. schedule for the month of September, and that the October meeting zs slated for the latter part of the month, date unknown, but that mo problem was anticipated relative to having the permit issued. Following a general discussio~ concerning such propossd cross- ing of State Road No. 9, the Council, on motzon of Commissioner McNeece and seconded by Commissioner Croft, unanimously agreed to de- fer authorization for Snstallat~on of protectiv? gates, as well as expendzture of any mon~es relating thereto, un~l such time as the lands to the west and scut.h-west thereof, now ~n the process of an- nexation, become a part of the corporate limits of Delray Beach. On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Councilunanimous~ approved the 'Preliminary' Plat of Golf Park on the statement of Dzrecto~ of Public ~orks Fleming that no drainage problem of Golf Park concerns the Lake Worth Drainage District. The Council, on motion of Commissioner~'~arren and seconded by Co~issioner Croft, unanimously a~proved re-certification of the '~orkable Program" and authorizatxon of proceeding according to the recommended community progress outlined therein. City Nanager Lawson presented ~he Council with a 'Proposal' for an amended "Water Policy"~ for the Cmty of Delray Beach, as submitted by Mr. John~. Spinner. A general discussion of this matt?followed, during whichMr. Spinner stated he, personally, would l~ke to see Delray Beach Shores annexed to the City, however, he owns only six of the remaining seventy lots therein. A motion of Commissioner~arren to amend the existing Resolution to incorporate all three points listed in the proposed policy was not seconded and therefore received no consideration. Commissioner Harbison, as in previous discussions concerning ex- tension of water service to Delray Beach Shores, expressed a belief that the City has.an obli~atign t? furnish such service ~hereto in view of prior action of the C~ty ~n extending water service to cer- tain parcels of land within said subdivision. . Commis~igner Croft felt that any properties, outside the City limzts, desiring water service should provide an enforceable docu- ment reflecting a desire of annexation at.such time as said lands be- come contiguous to the city limits. Following general discussion of such sales of surplus water, Commissioner Croft moved that the CityManager, assisted by the City Attorney, prepare an Amendment to the existing Resolut?n to provide for sale of surplus water ~nd to embody the following SEPTEMBER 14th, 1959 1. No more or additional water connections will be made outside the City Limits to any property that is contiguous until that proper- ty is annexed. 2. No new or additional water connections will be made outside the C~ty Limits to any property that is not contiguous to the City un- til that property or owners have executed an enforceable contract that their property may be annexed at the city's discretion when the property becomes contiguous, and all expenses thereof to be the cost of the owner or owners, and only surplus water will be furnished. to eliminate hardship cases to properties net now contiguous but where Water Lines are in existence and subject to any sUch extension of water service being Cut-Off at such time as Surplus Water ceases to exist, such 'Amendment' to be submitted to the Council for consid- eration at its next meeting. Motion. seconded by Commissioner McNeece and upon Call of Roll - Commissioners Croft and McNeece, to- goth.er with Mayor Talb.ot voted in favor thereof: Commissioners Harblson and Warren being opposed. Motion carried. City N~_uager. Lawson then read - ORDINANCE NO. G-S31: AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING LANDS CONTIGUOUS TO THE EXISTING BOUNDARIES OF SAID CITY 1N SEC. 4, TWP. 46 SOUTH, RGE. 43 EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS. On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimously approved PLACING Ordinance No. G-SS1 on first reading. ~Pik-Quik/Betsy Bond Properties) The City Manager proceeded to read - ORDINANCE NO. G-SS2: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING LANDS CONTIGUOUS TO THE EXISTING BOUNDARIES OF SAID CITY IN SEC. 21, T~. 46 SOUTH, RGE. 45 EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID (? Ocean Frontage Properties - South A1A) Cor~issioner McNeece moved that Ordinance No. G-882 be PLACED on first reading. .Mot.ion was seconded by CommAssion.er Croft and upon Call of Roll - Commission.ers McNeece, Croft and Ha.rbxson, together with Mayor Talbot, voted' xn favor thereof, Commissioner Warren being · opposed. Motion carried. .City Manager Lawso~n submitted the following "Report" from the Planning Board, dated ~September .12th, 1989, concerning a 'Re.quest' pf Mrs. Geraldine Turner for Permmssive Use to operate a morning nur- sery of pre-school age children: "The Planning Board met at A:O0 P.M., Friday, September llth, with Board Members Richard Hanna, Kenneth Jacobson, J. Stuart Lankton and James I. Sinks, a quorum being present. This meeting had been scheduled for the purpose of conducting a Public Hearing concerning the 'Request' of Mrs. Gerald E. Turner for permi.ssive use to operate a morning nursery of pre-school age - children. ~n the home of the 'Applicant', located on Lots 11 and 12, Block 11, DEL IDA PARK. Twelve property owners in the immediate surrounding area were SEPTEMBER 14th, 19~9. notified of this Public Hearing, and its purpose, of w. hich n?m.ber only one appeared, N~.s. Peppy S..JoRusgn, who favored permission granted for. such nursery. E~ght letters of approval, for such ~er- missive use, were received from said notified ~wners of properties, na~e ly Mr. Earle F. Breisch Mr. & Mrs. J. R. McFee Mr. & Mrs. Elton Harvel Mr. & Mrs. George McMurrain Mr. & Mrs. James' Johnson M~.& Mrs. J. B. Smith Mr. & Mrs. Wm. G. McKay Dr. & Mrs. T. M. Shoaf and NO OBJECTIONSbe_'_zu~ offered, the Board unanimously recommends Use granting Permissive for the operation of a Morning Nursery, of pre-school age children, at the hereinabove described location." /S/ JA~ES I. SINKS Act. Ch'm'n~ · The Council,- on mc.rich of Commissioner Croft and seconded by Com- massio.ner McNeece, unanzmous.ly approved granting the 'Request' of Mrs. Geraldzne Turner for Permissive- Use hereinabove outlined and as fac- commended by the Planning Board. City Manager Lawson referred .to the Priority Lis.t for S.treet Improvements, as contained i.n the Minutes of the Council Meeting held on February 23rd, 1959, and ~nformed the Council that he had request- ed Mr. I. C. Smith of the Civic League to come in and confer relative to any possible change cf.priority, but as y_e.t has heard nothinE.f.rom the League, and would again try and contact Mr. Smith or other C~wc League representatives. On motion o.f Commi.ssioner Harbison and seconded by Commissioner Croft, the Council unanimously agreed that the City Manager be re- quested to obtain plans and specifications for the grading and paving of S. W. loth AvenUe between Atlantic Avenue an~ Second S~reet, and to attempt to obtain the Civic League'~ recqmmendation, if any, con- cernSng .~eviation f.rom the original Street Impre.vement .Priority term~natlon as outhned in the Minutes, of Counc~I Meeting, dated February 2Srd, 1959. The Council, on motion of Commisaioner Itarbison and seconded by C.c..m~issioner Ct.oft, unanimously approved pa~.ent of the Bills sub- m~tted by the C~.ty Manager, shown ~elow, subject to the approval of the Finance Committee: General Fund $ 16,899-64 Water - .Operating · 293.85 Payroll Account 3,886.67 On motion of Commission Harbison and second.ed ~y_Oemmissioner McNeece, the. C.ouncil unanimously appr~ve~ the 'F~nal Plat' of a pro- posed subdiws~On of ? .RE.PLAT of Part of Lots 2 and S! Block 1, of Model Land Co's. Subdxv~s-,on of the West half of Section 21, Twp. 46 South, Rge. 4S East, as recommended by the Director cf Public Works. Mr. Arthur Sprott appeared before t.he Commission concerning p.revious request t.o tap onto the Water lxne on So.uth Ocean Blvd. The C~ty Attorney, hawng been requested by the Council, at the last meet- in~, to review the 'Agreement' between the City and Mrs. Lucy Smith, (n~w Mrs. Lucy Helm), and dated February 17th, 1945, advised that the instrument appeared incomplete and ambiguous, and did not, in his o- p.inion, cause-an obligation on the pa.~t of the City to a. llew c.onnec- t~ons to be effected onto the water hne south of the c~ty limts. The Attorney recommended that, if the Council desires to extend its water service from Surplus Water, St might follow the procedure exer- cised in furnishing water to the P~k-Quxk property. Commissioner Croft then moved that water service be extended to the ocean front property of Mrs. Lucy Helm, recently leased to Mr. 4 Warren Reiff, and to the Lots in Delray Beach Shores, owned by Mr. John W. Spinner, upon'receipt of a properl~ executed irrevocable a- greement, from all partiss concerned, providing for annexation of. their respective properties to the City of Delray Beach at such t~me as annexation thereof may be effected in compliance with Charter re- quirements. Motion was seconded by Commissioner Harbison and upon Call of Roll - Commissioners Croft, Harbison and McNeece, together withMayor Talbot, voted in favor thereof, Commissioner Warren being opposed. Notion carried. MEETING ADJOURNED. .2 R. D. WORTHING APPROVED: -~f--Y 0 R ~' .~'~ SEPTEMBER 14th, 1959.