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09-28-59 SEPTEI~ER 28TH, 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 Corn massioners J. LeRoy Croft, Charles H. Harbzson, Fred B. McNeece and George V. Warren being present. An opening prayer was delivered by Elder Hoyt B. Simms. The Council, b~general consent, approved the Minutes for the Council Meeting of September 21st, 1989. City Manager Lawson, in complying with Council request of last week's meeting, arranged for Mr. C. T. McCreedy, fiscal agent and advisor, together with Messrs. Frank T. Ostee~ Jr., and Frank N. Wenger, legal counsel for Russell & Axon, Engzneering firm of Lake Worth. Followinga general discussion of a proposed Contract with the engineering firm of Russell & Axon for providing the City of Delray Beach with a Preliminary SUrveyReport concernzng the proposed Sgwer Disposal System for the City, Mr. McCreedy referred to the 1957 Sur- vey and the determination at that time indicating General Obligation Bonds as the better method of providing necessary funds for financing such improvement, however, mentioming the fact that if the original plans are materially changed by providing for ocean outfalls, and the cost theregf showing t? be much less than that fgr a sludge plant, the City m~ght get by ~n pledging Sewer Revenue ~n the issuance of a Sewer Revenue Certificate issue. Mr. McCreedy further stated, however, that while a Referendum is a lot of work detail, all Free-holders would benefit and it is therefore likely that such a Referendum would pass,.andwhile a Rev- enue Certificate issue presents many problems %he C~ty is definitely not in a position to determine the best method to pursue, nor is fi- nancial advice, relative th?otc, possible to.obtainuntil the City tms, from its records, provzded the Council wzth the number of Water customers' in the.area and average water bill as well as the actual number.o~ potential Sewer Customers to be served, and must then have a PrelzmAnarySurvey for ~ewag? D~spo~al System to determine proper method of procedure for f~nanclng, ~wh~ch, by then, can be pretty well determined. On motion of CommissionerV~arren and seconded by Commissioner McNeece, the Council unanimously approved execution of the proposed Contract with Russell & Axon providing the City with a feasibility report and Preliminary Survey for the proposed sanitary sewer pro,oct, sub~ect to said Contract being amended to.conformwzth.the Recommenda- tion of the City Attorney and further sub,eot to his f~nal approval thereof. City Manager Lawson then read t~e following letter from James J. Mahoney, Mayor of the City of Boynton Beach: HONORABLE MAYOR AND CITY COUNCIL September 18, 19S9 "Enclosed is a copy of a letter sent to Mr. Howell ~atkins, Supt., Palm Beach County Board of Instruction. This letter was written by me at.the request of the ~ity Council of the City of Boynton Beach. The C~ty Councxl of the C~ty of Boyn~on Beach respectfully requests your honorable Board of City Commissxoners of the City of Delray Bch to~.recons~der the step taken by.you regarding the.move to annex the Seacrest High School property wxthin the City limxts of Delray Beach. It is our belief that such consideration at this time will be of great 'benefit to the entire teaching staff and student body of Sea- crest High School. Your favorable consideration of this request will be greatly ap- preciated.'' /S/ JAMES J. MAHONEY Mayor SEPTEMBER 2$th, 19~9 The City Manager also read a letter received from Mr. Harold A. Turner, who is a Member of the Palm Beach County Board of Instruction; said letter having been addressed to the Manager: Sept 24th 19,59 "In relation to the ordinance your City Commissioners will put on final reading September 28th, declaring the City's intent to annex the area, which includes Seqcrest High School, to the City of Delray Beach. Without any intenti.on on my part to in.terfere in the ~nternal affairs of your City, I w~sh .to e.xpress.my v~ews en the bas~s of.the effect such annexation, at th~s t~me, mmght have upon Seacrest Hzgh School. As you know, children from the three ci~es of Delray Beach, Boynt.on. Beach and Boca Raton atten.d Seacrest H~gh School. In th? past the citxzens of the three communitxes have cooperated very well ~n the operation of Seacrest and in its activities. Du.e to this cooperation and, to th.e excellent work done by the school Principal and his s.taff, Seacrest Hxgh School has shown steady improvement. Moreover, it ~s exp.ected that even greater improvement will be experienced in the im- mediate future. Because of my interest in the welfare of Seacrest High School as a long time resident of this area and also because of my position as the representative of this area on the Palm Beach County Board of Pub- .lic Instruction I am muc~ concerned that any change in the territor- ial status of Seacrest H~gh Sc.hool misht affect the school adversely. I am confident that the C~ty offxcials of Delray Beach share my interest in the welfare of our high .schoo.1 and our s.Chool childr.en, I, therefore, hope t.hat your Commission w~ll agree with me that xt will be to the best Interests of our children that no action be taken at this time to include Seacrest High School property in its annexa- tion pro.ceedings.. I w~.ll appreC~.ate it if you will put this letter on the age. nda of the Cxty Commission meeting of September 28th, to be read wh~le consideration is being given to the ordinance referred to above." /S/ HAROLD Tt~NER On motion of Commissioner Harbison and seconded by Commissioner M.cNeece, the Council unanimously agreed that such letters be recog- nized and tabled for study and consideration at the next meeting, to be held on Monday, October 5th. Att'y. J. W. Nowlin appeared Before the Council and requested that Council action, concerning proposed annexation of the Wedgewood and Marineway properties, in Section 9-A6-A$, be deferred until the first of the year when the owners of said properties will be present: "I represent the Wedgew?od Apartments and Marineway Corp~.oration who own property on Palm Trax.1 .near Eighth Street which the C~ty pro- poses to take into the city lzmmts. The owners-of both of these pro- perties would like the opportunity of hawing a full discussion of this matter with the City Councilmen before any definite action is taken by th.e City, I will appreciate it therefore, if you wil.1 see if the Council would be agreeabl.e to postpon.ing this matter untxl after a conference could be had w~th all partakes, sometime after January 1st, 1960. If we cannot work out an extension of this matter, the only re- course of my clients will be to take this matter into Court and neith- er of them want to do this if it can be avoided. Both of my clients believe that a full and frank discussion of this matter with all par- ties might work out a satisfactory solution of this problem." /S/ J. W. NOWLIN Att'y. Att'y. Nowlin was advised that consideration of his request, con- cerning proposed a.n~.exation of certa, in properties, would be discussed at the regular meeting of the Counc~ to b.e held on Monday, October 8th, at which time Ordinance No. G-$~O which expresses the 'Intent' of the Council to annex said lands is scheduled for Second Reading. SEPTEMBER 28th, 1959. Att'y. J. Clinton Scott addressed the Council and on behalf of the Beach Taxpayers League requested Council consideration toward Zoning Ordinance Amendment to provide height limitation for "Fill" to be used in construction of residential dwellings in the Seagate area. . The City Manager informed the Council of having contacted many cities but had not been able to locate a similar condition which might furnish a lead toward proper corrective measures by ordinance. Col. Andrew Fabens cited action of the Plam~ing Board, in early 1958, when this same issue was referred to the Board for study, and was returned to the Council, the Board having determined that such a problem was of an engineering nature and not a Planning Board item. The Council, on motion of Commissioner Harbison and seconded by Commissioner Wa.rren, unanimously agreed that this matter be referred to the Engineering Department and City Attorney for study and 'recom- mendation. City Manager Lawson read ORDINANCE NO. G-S28: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CER- TAIN LANDS LOCATED IN SECTION 19 and SO, TOWN- SHIP A8 SOUTH, RANGE AS EAST AND IN SECTIONS and 25, TOWNSHIP A8 SOUTH, RANGE A2 EAST, ¥~HICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID .CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE ZONING AND TAXATION OF SAID ~ANDS AND CONDITIONS OF ANNEXATION; AND PROVIDING THE RIGHTS AND OBLI- GATIONS OF SAID LANDS. (Copy of Ordinance, in full, attached hereto and.forms a part hereof) (See Page 214-A thru page.f214-D for copy of ORDINANCE NO. G-328.) On motion of Commissioner Harbison and seconded by Commissioner McNeece, the Council unanimously approved PASSAGE and ADOPTION of Ordinance No. G-$28 on this second and final reading. The City Manager then read - ORDINANCE NO. G-SSI: AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLCRIDA, ANNEXING LANDS CONTIGUOUS TO THE EXISTING BOUNDARIES OF SAID CITY IN SECTION A, TOWNSHIP A8 SOUTH, RANGE AS EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS. (Copy of Ordinance, in full, attached hereto and forms a part hereof) (See Pages 214-E & 214-F for copy of ORDINANCE NO. G-331')ndedo The Council, on motion of Commissioner McNeece and sec by Commissioner Croft, unanimously approved PASSA. GE'and ADOPTION of Ordi~ nance No. G-851 on this second and final reading. City Manager Lawson read - ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING L~NDS CONTIGUOUS TO. THE EXISTING BOUNDARIES OF SAID CITY IN SEC. 21, TOWNSHIP A8 SOUTH, RANGE AS EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID lANDS; AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS. (Copy of Ordinance, in full, attached hereto and fo~ms a part hereof) (See pages 214-G & 214-H for copy of ORDINANCE NO. G-332. Commissioner McNeece moved for ADOPTION of Ordinance No. G-$~2 on this seCond and final reading. Motion seconded by Commissioner Croft and upon Call of Roll - Commissioners McNeece, Croft and Harbi- son, toge.ther with Mayor Talbot, v.oted in favor thereof, Commissioner Warren being opposed. Motion carried. -*~1~ SEPTEMBER 28th, 19~9. City Manager Lawson submitted the following 'Reports' from the Planning Board: 1. RE: "Improvement of Part of N. E. 7th Avenue:" "The Planning Board convened at*~:00 P.M., Friday, September 28, 1959, with Acting Chaimman Jame~ I. Sinks and Board Members Richard T. Hanna, Kenneth Jacobson and L. Stuart Lankton being present. A Petition signed by several owners of properties abutting on. N.E. 7th Ave., between 7th and 8th Streets, requesting the opening, grading and paving of that portion of N.E. 7th Ave., was received and r~viewed, along w~th a Petition, signed by various o_wners of proper- ~les abuttin$ on N.E. 7~h Ave., between 5th and 7th Streets, protest- lng the opening and paving of that part of N.E. 7th Avenue lying tween.$t~ and 8th Streets, which improvement had been approved by the Council in regular session on September Sth and then deferred at the ~egular meeting of the Council on September 14th and referred to the Planning Board for its study and recommendation. Chairman Sinks invited comment from interested parties who were present, and Mrs. Margaret Walsmith cited the necessity forsuch improvement to alleviate the traffic conditions in that area as well as provide ingress and egress to the many parcels of land in the area and abut- ting that part of N.E. 7th Ave., further stating that the congested parking areas on N.E. Sth Street woUld be relived by making possible parking facilities off N.E. 7th Ave R/V~. Mr. R. V. Millner, of Rosella's Bakery, requested serious consid- eration be given the necessity fgr sugh imprgvement in order to effect needed and better traffic conditions in the immediate area. Mrs. J. R. Adams, another owner 9f property abutting thereon, expressed her desire for such needed improvement of N.E. 7th Ave. Mrs. Ruth Doman objected to an~ opening and paving of N.E. 7th Ave between 5th and 7th Streets, maintaining that there is sufficien~ access to N.E. 8th Street over 6th and 8th Avenues, and opening N.E. 7th Ave would r~sult in same becoming a thoroughfare. Mrs. ~¥alsmlth referred to the N.E. 8th Ave traffic condition as being hazardous due to the heavily attended School thereon. On motion of Board Member Hanna, seconded by Mr. Lankton, the Board unanimously recommends the opening and paving of that part of N.E. 7th Ave lying between 5th and 8th Streets, to effect better traf- fic ~low, as well as provide pro, er and nseded access to the ~any*~ro- pertles abutting thereon for Police and F~re Department functions." /S/ JAMES I. SINKS Ch'm'n. Mms. Ruth Doman, appearing before the Council, presented a 'Pe- tition' signed by various property owners protesting the opening and paving of that part of N.E. 7th Ave between 8th and 8th Streets. Following general discussion of the need for such improvement, Commissioner Warren moved for sustaining t~e recommendation of the Planning Board. There was NO second to th~s motion. Commissioner McNeece then moved for tabling this matter until the next regular meetin$ and requested that the Council be furnished a survey report reflecting the numbe~ of property owners, abutting on this dedicated right-of-way, favoring, a~ well as objecting to, such improvement. ~otion seconded by Commlssloner Croft and unanimously agreed. 2. RE: "Deviation request for pool enclosure:" "The Planning Board, in regular session on Friday, September 25, received and considered the applicatisn ~or 'Deviation' from Mr. Clyde ~orrell, on behalf of Mrs. Emma J. Spltzley, concerning Side-yard set- back for the Enclosure of a Swimming Pool. The property involved is Lot 21, Seaspray Estates, and due to r.ecommendati.on of the attendin$ Doctor for M~.s. Spitzley, who is phy- sically handicapped, t. he Plannxng BOard unan~mously recommends allow- ance of a 23 foot set back from Andrews Ave,~, for said proposed en- closure, the eastern line of which would then be in line with the eastern line of residence construction." /S/ JAMES I. S INKS Ch'm'n. On motion of Commissioner Harbison and seconded by Co~issioner McNeece, the Council unanimously approved granting a 7 foot deviation thereby allowing a set-back .of 28 feet from the East line of Lot 2.1, Seaspray Estates, for a Pool Enclosure, as recommended by the Plan ning Board. $,- RE: "Planning Board Membership." I "The Planning Board has reluctantly accepted the resignation of ~ Mr. Robert Totterdale, Sr., from the Board, who, due to health and "business reasons, finds it impossible to serve thereon. The Board unanimously reco~mm_ends the appointme.nt of Mr. Richard Jebb (Realtor) to fill the vacancy and for the remainder of the unex- pired term of Mr. Totterdale, ending September 28th, 1962. The 'Term' of Mr, James I. Sinks, as Member of the Planning/Zon- ing Board, expires on Monday, September 28th, 1969, and the Board unanimously recommends the Re-appointment of Mr. Sinks, whose valued services, and constant attendance, over the past several years, have been deeply appreciated by the remaining Board Members." /S/ R. D. Worthing Sec, · The Council, on motion of Commissioner Croft and seconded by Commissioner McNeece, unanimously approved appointment Of Mr. Richard Jebb as Planning Board Member for the unexpired term of Mr. Richard Totterdale, Sr., who requested acceptance of his resignation there- from, said term expiring September 28th, 1962; a. nd the Re-appointment of Mr. James I. Sinks for Term of office to expire September 28, 1964. City Manager Lawson informed the Council that he and the Recrea- tional Director had reviewed City owned lands, con.corning 'Pony League facilities, and have determined that the present s~te, namely Block 57, 87, is most suitable for such activity and jointly recommend that a suitable Lease be executed with the V.F.W. for continuation of the Pony League and other determined activities thereon. Commissioner McNeece cited the fact that the V.F.W. has not only spent a considerable sum of money on the improvement of said Block 37 but have done a fine job providing recreation thereon. The Commis- sioner further stated that he does not consider this land too valuabl~ for such activities and reminded the Council of the national impor- tance attached to this "Field" due to same having been the training an.d develop, lng playground of ~ local boy recentlY drafted by the Philadelphia Phillies of the National Baseball League, and moved that a 10 year Lease of said Block 37, with Option to renew for a similar eriod, be granted the V.F.W., subject to the "ActiVity" being Re- ocated at NO expense to the V.F.W. at such time as the City may de- termine a greater need for such area. Motion seconded by Commission- er Warren and unanimously approved. Commissioner Harbison expressed deep appreciation for the fine efforts and report of the Recreational Director as reflected in the Director's 'Report' of a study of Pony League activities. City Manager Lawson submitted the following Bills for payment: General Fund $ 13~008;77 Water - Oper. Fund 6~270.42 Refundable Deposits Fund 1,247.26 214 SEPTEMBER 28th, 1959. Special Assessmsnt Fund $ 9~9~1~82 Payroll Accounts 18,251.64 The Council, on motion of Commissioner Earbison and seconded by Commissioner McNeece, unan'.~mously approved payment of the 'Bills' sub- mitred by the Manager, subject to the approvalof the Finance Committee, On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council approved transfer of 'Liquor License' from Wenderoth and Mantle to .Three Twelve Delray Corp., Gerald R..L..ym~n, Sec., operating as 'Continental Restaurant' on South Federal Highway. The Council, on moti.on of Commissioner McNeece and seconded by Commissioner Warren, unanimously approved the 'Application' of "P.I~- QUIK" Inc., for the Sale of BEEk & ~INE, consump%ton off the premises, at its Store location on Seacrest Boulevard. The City Manager submitted his 'Report' of Street Improvement priorities, as r.equested .by the Council at the last meeting, and in- formed the Counc~I that, ~n accord with Att'y. I.C.Smith of the Civic League, had effected certain changes Sn priority of streets to be im- proved in the western sector of the C~ty and recommended the improve- ment of - 1. That part of N,W. lath Ave between 2nd and Srd Streets; That part of N.W. 8th Ave between Atlantic Ave and 2nd Street; & 3. That part of S.W. 1st Street between 8th and 14th Avenues; and further advised the Council that there are sufficient funds in the Special Assessment Fund to provide for such improvement at this time, i.t be.ing understood that said improvements are on the cost-sharing ba- sis w~th present policy. On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council authorized the City Manager to proceed, accord- ing to policy of procedure, in the improvement of the Streets identi- fied in Items 1, 2 and $ above, as recommended by him with the umder- standing and consent of Att'y. I. C. Smith of the Civic League. The request of Mr. Fulton R. Gruver, concerning deviation from Ordinance .No. G-285, relative ~o the deve.lopment of "BELLEHAVEN" as to Street.~mprovement requirements, was discussed, especially due t.o unusual c~rcumsta.nces r.elating thereto., namely, the f~act that Public owned lands abuttxng sa~d BELLEHAVEN (a 10 acre tract) on the South and on the West sides thereof. Commissioner Warren moved that the Reques.t for Deviation from the requirements of Ordinance No. G-285 be den.~ed. Motion seconded by Commissioner McNeece and upon Call of Roll Comm~ssi.oners Warren, McNeece and Harbison, together with Mayor Talbot, voted ~n favor there- of, Commissioner Croft abstaining. Motion carried. On motion of Commissioner Harbison and seconded by Commissioner ¥~arren, the Council requested the City Manager to make a study of the step. s necessary to encourage the F.I.N.D. to use the 'Spoil Area' .im- medAat.ely.north o.f Del.ra.y Isle S/D in preference to any other 'Spo~l' area w~th~n the C~ty l~mAts. .Mayor Talbot, wi.th Council accord, requested the City Manager to pr.or,de Agenda recognition for a proposed Resolution concerning Water Na~n.s and Water Services - Outside the City Limits, for Council consid- eration at its next regular meeting to be held on Monday, October 5th, 1959. MEETING ADJO~D, ~ ........... ~ .R. D. WORTHING APPROVED: --~ ~ . I September 1!~, 1959. September 28, 19~9.