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02-24-58 FEBRUARY 24TH, 1988. The Regular M~eti~g of the City Council was held in the Council Chambers in ~he C~ty F~ll at ?:80 P.M., wit~Mayor J. LeRoy Croft in the Chair, 91tyManager W. E. Lawson Jr., C~ty Attorney Harry T. Newett and Commissioners Col. Dugal G. Campbell, Fred B. McNeese, George W. Talbot Jr., and George V. Warren belng present. An opening prayer was delivered by the Hon. J. W. Nowlin. On motion of Commissioner Campbell and seconded by Commissioner McNeese, the Council unanimously approved the M~nutes of the Febrmary 10th meeting. Mr. Harry P. NcKean, liason representative of the City of Delray Beach with the State Road Board, concerning over-all drainage improve- ments. ~n conjunction with proposed State Hxghway ~m~ rovemen~s, throu$~ the C~ty of Delray Beach, reported that Highway development ~s predm- cated on R~s, and that due to lack of sufficient appraisal maps to aid in effecting proper appraisals of necessary lands that there will be no Road Improvement during the current year. The experts working on the drainage phas? report ~bout 80% completion of thei~ study and work and that tentative iocat~on of the "Outfalls" in conjunction there- with have been established. Work is progressing in a very satisfactory manner. Cit~ Attorney Newett ~nfo.r~.ed the Council that he had prepared the proposal, concerning conf~rmat~on, of t~e Sale of the Golf Cour~e~ as stated at the last meeting, at whlch t~me he suggested the ratifica- tion of the existing Sale. The attorney further advised that Attorney Henry F. Lilienthal, assgciate counsel~ had submitted one proposal ani~ that Attorney Paul. E. Gr~ngle had submitted a letter of acceptance by the Grimes Foundation subject to certain conditions, and while there remain some slight differences in the proposals, it is felt that the~e is evident willingness, on the part of the Gri.m~ Foundation, to adjust their offer to 9onforp with that of Attorney L~l~enthal. Attorney Gr~ngle ~nformed the Council that the Grimes Foundation would gladly consider any desired additions or deletions to the sub mitted letter from his office on bahalf of The Grimes Foundation, which letter represents the proposal, in writing, of said Grimes Foundation° Commissioner Campbell moved that the proposal of the Grimes Foun- dation, submitted through.the office of Attorney Paul Gringle, be de- clined as not acceptable ~n any manner. Notion seconded by Comm~ssion- er Warren, Discussion followed and again Att'y. Gringle, on behalf of The Grimes Foundation, advised the Council that any suggestions, additions or adjustments to the proposal of The Grimes Foundation would be wel- comed and considered. ~ith consent and approval of Comm_issionerWarren, the motion, con- cerning this ~ssue, was withdrawn by Commission Campbell who then moved that th~s matter be held in abeyance, that the City Attorney be instructed ~o draft a final i~strumsnt from knowledge resulting from. recent meetings and consultations w~th c?unsel of The Grimes Foundation and A~torney Lilienthal, and that a Specmal Meeting be called for con- sideration of such document, and further requested that, if possible, this draft be prepared by 8:00 P.M., Tuesday, February 28th. Motion seconded by Commissioner ~arren and unanimously agreed. Concerning the possible condemnation of a °house alleged to be lo- cated on Lot 14, Block 28, and the apparent lack of sufficient facts in the matter,, on motion of Commissioner Talbot, seconded by Commis- sioner McNeese, the City Attorney was instructed to conduct.necessary search, prepare proper Notices for advertxsxng as well as maxling to all parties involved,.said "Notice" t? provide for public hearing at. the next regular meeting of the Council. The Counc~lwas unanimous ~n its approval of this action, FEBRUARY 24th, 1955 City Manager Lawson then read Resolution No. 1090: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORID~, REQUIRING PLANS, SPEC- IFICATIONS AND ESTIMATE OF COST FOR CONSTRUCTION OF STORM DRAINS ON CASUARINA ROAD, TOGETHER ~TH THE INST.~LLATION OF CATCH BASINS, ¥~N-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. Commissioner Campbell moved that Resolution No, 1090 be adopted on this first and final reading. Motion seconded by Commissioner ~albot and unanimously carried. See ~oto Cop~ of Res. 2090, Pages$ ~2-A & !~2-B. The City Manager then read Resolution No. 1091: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRY. INS ON CASUARINA ROAD IN SECTION "H-l" AS SHOWN ON STOR~,~ DRAINAGE SYST~ SLRVEY FILE T.F. 1568-E, TOGETHER WITH INST~LLATION OF C_~TCH BASINS, MAN-HOLES AND ALL NECESSARY APPURTENANCES IN CON- JUNCTIONV~TH SUCH STORM D~INS. On motion of Commissioner McNeese, seconded.by Commissioner Talbot, ~he Council unanimously agreed to adopt Resolution No. 1091 amended to incorporate provision for Interest to be charged on Deferred Payments~ Se~ Photo C~py of Res. 109~ Psg~s ~2-C & ~2-D. City~fanager Lawson submitted his Report of "Refuse Collection", fu~the~ stating that, in his opinion, the greater majority of the city population are satisfied with the present system of collection, a~d further felt tha~ from informatio~ reaching his office it is.very apparent that the masority of people ~n Delray Beach take pride ~n the C~ty of Delray Beach and ~ts over all appearance, and expressed a de- sire to be provided the opportunity of infor~ing the public, by all @ossible methods, of local municipal requirements, concerning trash ~ollect~on, and appeal to each r?sident fo,.coop?at,on w~t~ the ~nowledge that mutual understanding and desire w~ll result ~n an ef- ficient and economical operation of which all citizens can be proud. C~mm~ssioner Campbell then moved that, because of our falling back on collection of trash due to storms, the City Manager be requested t~ study th~ possibility of hiring extra trucks and manpower to clean ~he city throughout and that when this becomes accomplished, a sincer~ sffort then be made to establish a weekly collection schedule, notifying the home owne~ of the schedule, by districts and days of the week, pez,- mitting our citizens to place the rubbish out to the curb on the day listed for collection, and further, that the fullest possible publici- ty be given to the plan and the fullest cooperation be solicited. ' ~otion was seconded by Commissione~ Talbot. Following general dis- 0ussion on the trash collection issue, during which Mrs. A. J. Michael informed the Council of having noted many undesirable trash conditions throughout the city and suggested possible location of Trash Cans at various corners throughout the City, as found in many other cities, as a possible haven fo~ Coca-Cola bottles, beer cans and debris of all ~atu~e, in a further effort to aid in maintaining cleanliness ~hrough- out the city, all the more so badly needed due to the climate ~n this ~eneral area. Mrs. Michael, however, commended the City for its Very satisfactory Collection Service concerning Garbage. The Council then unanimously approved action taken on Commissioner Campbell's motion. Mr. Cliff Baker informed the Council that the Realtors' Board was · ery much in favor of the City Manager's "Report" on Refuse Collection ~nd unanimously supported the Manager's recommendations, particularly fo~ continued trash collection operation by the city. M~. Baker furthe~ oommented on the very satisfactory and efficient service rendered in the past month. 2 FEBRUAR? 24th, 1.9~8. -;~? City~nager Lawson submitted th? "Request" of Augustine Boisseau for Re-Zoning of Lots S2, SS and Si in Block of Haiier-Grootman S/D. On motion of. Commissioner NcNeese and seconded by Co~m.mi.'ssioner Talbot the Council unanimously agreed to refer this ~Application" to the Planning/Zoning Board for study and recommendation. The City~anager then submitted the request of Nfs. Nellie N.~ Mac Millan for re-zoning of Lot 12 and part of Lot ll, Block 28, from R-2 to Commissioner Campbell moved that this "Request" £or re-zoning be referred to the Planning/Zoning Commission. Notion seconded by Com- missioner McNeese and unanimously passed. CityManager Lawson read the following letter: MR. WILLIAM E. LAI~SON, JR., February 14th, 1958. At its last meeting, the Board of County Commissioners directed this office to write to each effected municipality and invite atten- tion to the fact that State Road A-i-A, from the Sloan Estate in Palm. Beach southward to the Broward County Line, may ultimately have to b~ widened to accommodate a four-lane municipal street design. The current standards of the State Road Department for such a de.- sign involve a right of way w~dth o~ 106 feet. This is a width that logically results from a consideratio~ of the number of traffic lanes ~nd other facilities that would be built where heavy four-lane traffic is involved, and we consequently feel that the use of this width for long range planning is valid. l~_]~.e In view of the above, the Board of County Commissioners would to respectfully request t~at the municipality consider the ad?ption of setback regulations which would have the effect of protecting and providing for the future a 106 foot right of way on State Road A-1-A as outlined above. Your comments with regard to this matter will be appreciated in order that the Board of County Commissioners may be able to properly cooperate with the municipality in its desires. STEPHEN R. MIDDLETON County Engineer Commissioner Talbot moved that this letter b? acknowledged and then referred to the Planning/Zoning Board. Motion seconde~ by Com- missioner Campbell and unanimously passed. The City Manager than submitted the application of ~. D. T. Har- vey concerning Lots 526, 527, 528 and 529 in Tropic Palms being de- sired to be used as a Church Site. On motion of Commissioner Campbell, seconded by Commissioner Fred McNeese, the Council unanimously agreed that this request be referred to the Planning Board. Commissioner Campbell moved that the Application of Mr. Yell, operator of Acme Taxi, for an additional Taxi permit, be considered at a t~ublic Hearing to be provided at the regular meeting of the City Council on Monday evening, March 10th, at 7:S0 P.M. Motion seconded by Co_w~issioner Talbot and unanimously agreed. Mr. Chamness, of 48 So. Federal Highway, expressed his opinion of having been unjustly subjected to removing a sign on his property ad- vertising Refrigeration Repair Service as many other signs, both larger and smaller appear on the Highway advertising activities. City Manager Lawson felt that possibly a misunderstanding or mis- interpretation of existing ordinances, concerning signs, may have occurred and, on motion of Co_~m~issioner Talbot, seconded by Commission- er McNeese, the Council unanimously agreed that the Manager be re- quested investigate the matter and submit report of his findings at the next regular meeting. City Manager Lawson then submitted the following '~geports" f~om the Planning Board: 1. RE: Permissive use as a nursing home on North 1SS ft of Lot l, Block "M", John B. Reid's Village, Request of Mm. Alphonse R. Th oma s. Commissioner. Campbell moved to accept the Report of.the Plannigg Board that "Th~s request be deferred for further considera- tion w~th. the consent of, and ~s requested by, Att'y..Arthur Holloway representing M~. Thomas." Motion seconded by Commission Talbot and unanimously agreed. 2. RE: Rezoning of Lots 16, 17, 18, & West 87.5 ft of Lot 15, in Wheatle~'s ~/~. 0nmot~on of Commissioner McNeese and seconded by Commis- sioneP Talbot, the Council unanimously approved the Re-Zoning of Lots 16, 17, 18, and the West 87.8 ft of Lot 18, in Wheatley's S/D, from R-l-AA to R-2, as recommended by the Planning/Zoning Board, in its "Report'' of February 20th, 1988. $. RE: Plat of tentative sub-division in East half of West half of Lots 27 and 28 in Section 20-46-48, as submitted by Coogan and Beatty, Hiahleah, Fla. Commissioner Campbell moved that consideration of request for water line installation cost, from future wate~ revenues, be de- nied. Motion seconded by Commissioner McNeese and upgn Call of Roll - Commissioners Campbell, McNeese and Talbot together w~thNayor Croft voted in favor thereof, Commissioner Warren abstaining. Commissioner Campbell pointed out the urgent need for sideration of definite plans concerning future developments and grants ~o be made by the C~ty at the t~me of sub d~v~s~on origination and development. Commissioner~arren felt that past policy of wat? line ~nstallat~on cost recovery from a part of water revenue to be just. ~ayor Croft, while favoring annexatio~ and new developments expressed disapproval of effecting too much inducement or consideration. Commissioner Campbell them moved for acceptance of the ?lan~.ing Board's Repor~ thereon of Feb 29th and approval of the plat submitted subject to C~ty Manager providing for specific attention aAd recognition of Planning Board's further recommendation relative thereto a~d bei~ng "Spegial attent$on is called to the e~evation of the terra,n, as ~here ~s a variation of ten feet. Filhng as well as g~ading seem desirable. Motion seconded by Commissioner NcNeese and uaanimously passed. 4. RE: Permissive use as Day Nursery in R-1-A Zone, 728 Spofford Str.., Mrs. Raymond Lucas. On motion of Commissioner Campbell, seconded by Commissi?ng e~ Talbot, the Council unanimously agreed on acceptance of the Planning Board's Report of Feb 18th and to grant Mrs. Lugas pemmit fo~ such per~ missive use at 728 Spofford Str. eet subject to F~re Department's Inspec t~on and approval of property for this use before permit is issued. Commissioner Campbell then moved that the City Attorney be instructed to prepare a~ Ordinance providing for sufficient control of all operations relat~n$ to Day Nurseries, Motion seconded by Com- missionerWarren and unanimously agreed. On motion of C~issioner Campbell, seconded by Commission- e~Wa~ren, the Council, in accepting the r~commendation of the Zoning Co.mmission dated Feb lSth, approved the re zoning of the West 80 ft of Lots ? and 8 in Block 75 from R-$ to C-2, by unanimous consent. 8. RE: Proposed Re-zoning frqm R-1-A to C-2 of part of Model Land Co's. Lot l, Block l, of S/D in Section 21-48-4S. The Zoning Board's report of Feb 18th, with six members present, unanimously recommended denial of the request as the prior Board did on February 2§th, 1957. Att'y. J. W. Nowlin, speaking on behalf of the'owner of the pro- perty, stated that in view of the location and land use value he felt an injustice was being made and requested further consideration as well as inspection of the property by the current N~? Council. Motion o~ Commissioner V~rren and second thereof by Commissioner Campbell for denial of the request were both withdrawn and Commission- er Warren moved that this matter be deferred until next meeting and that an opinion be obtained from the City Attorney concerning possible legality of continued denial of this request. Motion seconded by Commissioner Campbell and unanimously passed. 6. RE: Sub/division of East-half of Block S in Atlantic Park Gardens. Planning Board's Report of Feb 22nd recommended acceptance of the plat as submitted. Commissioner Campbell moved that, due to lack of proven ownership of property involved accompanying said plat, same be referred to the City Attorney to establish certification of ownership of said Eas~- half of Block $ - Atlantzc Park Gardens. Motion seconded by Commis- sioner Warren and unanimously agreed. City~,~nager Lawson read the following - Febraary 24, 19~8. THE FOLLOWING IS THE T~BUL~TIOM OF THE POLL TAKEN BY THE CHA~ER OF COi~,~ERCE REGARDING THE BUILDING .~D LO- CATION OF THE PROPOSED CIVIC CENTER. There were 580 cards sent out from the office. 229 cards have been returned to the office. SHOULD THE CITY PROCEED ¥~TH CONSTRUCTION OF THE CIVIC CENTER. YES 189 NO 86 SHOULD THIS BUILDING B~ ERECTED IN THE CITY P~RK. YES 156 NO 67 N~. E. Budd Laughlin, owner of Caravel Arms and lands just north of and adjacent to the City Park expressed great opposition to any location of Civic Center construction being provided in the City Park, feeling that in view of over 80% of the children in the City being located west of Federal Highway, th~ Center should obviously be loca ted near the center of the populatidn for which a Civic Center is in.- tended to be used. Mr. Laughlin f~rther cited the lack of sufficient parking space. Commissioner Campbell moved that this matter be deferred for fur- ther consideration and consultation with the Chamber of Commerce and all local Civic groups and others interested in this project. }o~ion was seconded by Commissioner Talbot and upon Call of Roll Commissioner. Campbell, Talbot, NcNeese and ~yor Croft voted in favor thereof, missionerWarren being opposed. ~ir. Laughlin further pointed out that it is quite possible such a project as the Civic Center could well be financed from revenues of specific taxation for such purpose. FEBRUARY 24th, 1958. Commissioner Campbell moved that Bills, in the amount of $217,818,9~ s.ubmitted ~¥ the CiSy Manager, be paid subject to the approval of the Finance Committee. Motion seconded by COmmissioner McNeese and unani- mously approved. Commissioner Talbot moved that the Bid of $80,00 for the Civic Center Building on S..E. Ath Avenue be rejected due.to insufficient. guaranty of removal ~xthin a reaso.nable ~ime, aha lnstruc.ted the C~ty Manager to solicit Bxds from Wreck.~ng and Demolition Serwce houses for removal of said property. Motion seconded by Commissioner McNeese and unanimously passed. City Manager La.wson reminded the Council of its obligation to sit, as a Board of Egual~mation, on March 10, 1958, for the purpose of hear-. ing objections relative to assessed valuations of all property within - the corporate limits of the city. On motion of Comm~ssioner McNeese and seconded by Commissioner Talbot the Council unanimously agreed to meet at the. City Hall on . Monday, March 10th, .at 9:$0 A. M., .to serve as Equalization Board ~n complxance with Section 86 of the Cxty Charter, . Commissioner McNeese moved for payment of City Attorney Newett's b~ll of Feb lath, in the amount of $80.00~ for services rendered in connection with Case - RE! N.orman E. Hallberg, Plaintiff vs. City of Delray Beach, which was dxsmxssed Feb Ath 1955, in the city's favor. Motion was seconded by Commissioner Talbot and upon Call of Roll - Commissioners McNee.se and Talbot, together with May.or Croft voted in favor thereof, Commissioners Campbell and Warren being opposed. The City Attorney info~med the Council that due to the extensive preparations and re-writes of Golf Course Sale instruments, that it will be considered warranted and Just that charges be made for extra services as and when rendered. City Manager Lawson infommed the.0ouncil that he has not, as yet, had any reply from the library association, to his letter directed to the associa.tion's pre.sident,_whe~ein toque, st was made for comment and recommendatxons relative to longe~ operating hours of the Delray Beach Library. The City Manager read the following letter - Feb 15, 1R§8 "The members of the Delray Beach Woman's Club desire it be known that .they are in favor o.f the 0ivic Center being lo- cated in the C~ty Park, at Atlantxc Avenue and the Intracoast- al Waterway." /S/ MILDRED ~VIEGMAN, Cor. Sec~ Delray Beach Woman' s Club. City Manager Lawson then read the following letter: Hon. Mayor & City Commission: Rebruary 22, 1~$8. "Due to the fact that our Annual Meeting is being held Monday evening, League officials will be unable to attend the Commission meetin~'am~ sure that the membership of The Beach Taxpayers League is unanimous in objecting to the passage of any ordinance which would put an additional tax upon property owners for the collection of trash. Regular and efficient collection of trash is essential in main- taining property values as well as in the interests of public health and safety. It may be desirable.in the interests of efficiency and economy t¢. have trash collected by C~ty cgntract rather than by City personnel. Certainly, however, it is'unthinkable that property owners should be levied any additional tax. /S/ JOHN ALDEN THAYER THE BEACH TAXPAYERS LEAGUE FEBRt~RY ~th, 1958. The City Manager read the following letter: BYRD &WHITLEY Feb 24th 1958. THE CITY COMMISSION At your April 22, 1987 meeting motion was passed deferring actio~ on ~equested rezoni~g of 9cean Beach Lots 29! SO, S1 and $2 add directing further consideration and recommendation by the Plan- ning and Zoning Board. It is requested that the required action be taken, and that we be advised when furthe~ report of the Zoning and Planning Board has been made and will received your further consideration. /SI RHEA VaITLEY for Byrd & Whitley On motion of Commissioner Campbell and seconded by Commission- er Talbot the Coungil unanimously ~grged ~or referral of the above request for re-zoning to the Planning/Zoning Board for usual procedure concerning such application. Meeting adjourned. R. D. V, DRTHING ..... APPROVED: F~RUARY 24th, 1,9~8.