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05-26-58 :~Y 26TH, 1958. A Regular Meeting of the City Council was hel~ in the Counc~L Chambers at 7:30 P.M., withNayor J. LeRoy Croft in the Chair, u~y N~.nager W. E. Lawson Jr., CityAttorneyHarry T. Newett and s~oners Col. Dugal G, Campbell, Fred B . McNeece and George V. ~,rarren being present. An opening prayer was delivered by Rev. Charles C. Lemons. On motion of Commissioner McNeece and seconded by Commissioner Warren, the Council unanimously approved the Minutes for the Council meeting held on Nay 12th, 1958. City Manager Lawson referred to the "Salary and Wage Survey" re- port resulting from a recent study of the pay and position classifi- cation plan, copies of which had been furnished the Commissioners for study and consideration. Comr~issioner Campbell moved that this "Survey" be accepted for study by Council Members with the understanding that 'work study' re-' orts be submitted by department heads in time for Budget preparation. otion seconded by CommissionerWarren and unanimously passed. The. City Nanag? read the following letters, concerning the issue of parking trucks ~n residential areas: Nay 16th, 1958. Please bring the following questions and comments to the attention of the City Commissioners in regard to the proposed ordinance prohibiting the parking of trucks in residential areas: l~ Mould it not be illegal and/or discrimatory to force a man to build a garage 9n an already existing building which was erected before proposed ordinance passed to house a truck which was also being used before said ordinance passed? 2. Is ngt the u~e of a truck at any hour part of many servicemen or repairmen's ~obs? Would each one have to build a garage to house a vehicle necessary in the performance of this work? Does the Com- mission realize the hardship which would be forced on those in the building and construction trades who use their trucks to earn their living? Nany people are allowed the use of company vehicles during their off duty hours as part of their compensation. 3. V~here will you draw a fair line regarding size, type or kind of vehicle without being disc~imatory against some class of use~? Are not station wagons and so called Jeepsters used as trucks of a type? Not to mention vehicles registered as cars that have had part of the body stripped off and rebuilt as makeshift trucks. ~. ~at about truck operators living in business zones? 8. How does the Commission propose'to ~econci~e the problem of a truck operator living in a residential zone where the house is so situated that a garage cannot be added without violating city build- ing ordinances~ \ 6. What is to prevent the proposed law from later being modified to the absurdity of prohibiting parking of any truck in the residen- tial zones at any time not just during certain hours of darkness? 7. Does any other city have such an ordinance? Is this law just to satisf~ the rancor of some feuding persons or is it an honest at- tempt at c~ty betterment? Is it enforceable? You have the opinion ' A of the C~ty ttorney that it would probably not be legal. Would it not be silly to pass the proposed ordinance only to find it was neither May 26th, 19~8 legal nor ~nforceable~ Unless you can find honest, sensible answers to the above questions I respectfully ask that ?u vote against any proposed ordinance that would curtail the parkzng of trucks in the residential areas of Delray Beach. I feel that the ordinance would be discrimatory against a large group of our tax ~aying citizens who are entitled to the use of their property. I am not against having vehicles parked off the street, either on hardstands on the setback or in driveways; but I aa ,u~.atter~bly ~gainst any proposal to force a truck operator to park his vehicle ~n a garage or other covered structure~ ALLAN A. WELLS S08 NE 21st Str. TO CITY COMMISSION Nay 23, 1958, I have been a resident for 88 years and have owned and operated trucks fo~ 30 year's. Due to my absence from the Cit~ du~ing yom' hear- ing relative to truck parking in residential areas, z wish to state at this time my position in the matter. Because of the nature of mywork, the contract hauling of mail, it is necessary that my services be available on a twenty-four hour day call. I am opposed to the restricting of pickup trucks and light panel vehicles from the driveways of residential p~operties. I write also in behalf of ~ll truck drivers who need such vehicles for their trans- portation to go to and from their respective jobs. Furthermore, my neighbors who object to such truck parking have not taken me into their confidence by calling on me or inviting me to discuss this subject, do now cause me to doubt their sincerity as to whether or not they wish this to be a city-wide movement or merely a Northwest Sixteenth Street project. Let's make to exist in our city a most congenial atmosphere be- tween the working man and our retired friends and neighbors. /S/ ORVILL W. DAVIS 217 ~ 16th Street. ~Iany local individuals, concerned with this proposed ordinance for controlling the parking of trucks in residential areas, voiced their objections to such an ordinance, some of whom were; Mr. Albert DiCampli, of D & C Well Drilling Service, who stated it would be a hardship on himself and others who are on call twenty-four hours a day for emergency service, to have their transportation other- wise known as trucks, back in a g~rage which would result in loss of time in effect~ng emergency service and would undoubtedly caus~ an in- crease in service charges due to added time involved. Mr. L. M. Nerritt, of Merritt Transfer & Storage, reminded the Council, and those present, that owners of trucks originated and made this city, and that present o~mers of trucks 8o not feel it fair nor reasonable that an ordinance should be considr~d which rsquires truck owners to remove their trucks from being pa~ked infront o~ e~ the side of their homes. ~r. Charlie Johnson, who drives a small truck to and from his em- ployment protested consideration of any curtailment of truck parking in residential area~. Mr, Bob Cameron also protested against any ordinance being consid- ered which would require a tr~ck to be garaged or placed in the rear of one's home. Other objectors to such an ordinance were Mr. Rauth, who thought it might be well for people to determine, before purchasing a home or home-s~te, if there are any deed restrictions in enstence; Mr. Don Hassler who felt that station wagon and light trucks are necessary transportation f? working people and should not he barred from being allowed parking ~n front of or to the side of, when possible, one's home; Mr. Paul Herig who referred to the many truck drivers who live in ~-lA, R-l, R-2 mhd R-3 areas who would be handicapped if not allowed 2 to park their trucks in residential areas; Mr. Harold Neal who advised that his truck is badly needed at all times of the day, in his business and opposed such an ordinance; and Mr. Cook, of the DelrayAwning Co., opposed any actionwhich would prevent the parking of trucks in front of a house. Many property owners favored a~ ordinance prohibiting the parking of trucks in front of~homes in residential areas, some of whom were Mr. andMrs. Alex T. Cecil, Mrs. James S. Marsh, both parties stating that.the practice of parkin$ all sizes and types of trucks, in resi- dential areas, seems to be increasing; N~. Thgm~.s Bru~erwho referred to the commercial nature o£ many trucks parked in residential areas due to the advertising on the cabs and bodies of the various trucks, and referred to other Florida cities prohibiting such parking, by ordi~ nance; al~o 1~. Bobbins Conn who referred to an ordinance prohibiting' such parking of trucks in Palm Beach singe. January llth~ ?49;.and Mr. and Mrs. Nelson W. Corner who~ for beautification and c~wc pr~de, are much in'favor of such an ordinance. Nr~o F. J. Schrader mentioned that surely none of us want to work any hardship on anyone, but.felt that .unsightly trucks should not be allowed to park over-night ~n ~esident~al areas, and further believed that a line should be determined ~etween residential and commercial areas. Commissioner Campbell then moved that this matter be tabled for further study and that the City Manager be requested to obtain Ordi- nances from other cities, prohibiting the parking of trucks in resi- dential area, which have created satisfactory control of such truck parking, and felt that a general appeal to truck owners might result in their cutting down the practice of parking certain t{ucks in.resi- dential areas to the extent that possibly might result in reaching a solution to the problem. Motion seconded by Commissioner Warren and unanimously agreed. City Manager Lawson was requested to contact other cities benefit- ing from an ordinance or ordinances concerning the operation of air- conditioners and obtain copies of such ordinances as an aid to the City of Delray Beach in establishing an ordinance which might provide for better control of Air conditioner operation, as well as ~otors, blowers and fans as pertains to the resultant undesirable noises emana- ting therefrom. Commissioner Campbell moved that the request of the Library Board of Directors, concerning Lot ?, Block lO1, for a Term Lease thereon, be tabled with the thought in mind of beautifying the said ~ot ? with the exception of 12 to 15 feet 9f the north part thereof which would be used for widening the E - W immediately north of said Lot 7 in Blk lO1, and further that $1,500.00 be set aside from Unappropriated Sur- plus for use by the Library Association for the beautifying of said .Lot 7 in Block lO1, it being understood that such provision includes for the watering system in connection therewith, and is provided ~n accordance with the'plan submitted by the Board at the joint meetzng held on the 19th of May, and it being further understood and agreed that a picket fence be established out of such funds to surromid this Lot 7 to tie in with the present line of the Library grounds and to be maintaine8 similar to park conditions until such time as the land is improved. Motion seconded by Commissioner McNeece and unanimously agreed. Mrs. Lucy McLeod Helm called the attention of the Commission to the fact that several years ago she provided for catch basins and a drain line in lower Seagate at a cost of approximately $10,00~,00, which she felt should be utilized to the fullest extent in conjunction with the presently proposed drainage proj?ct contemplated in that area, and further stated that, ~n her opinion, ~f the drainage of Seagate Extension were accomplished prior to lower Seagate that there would be much less need for additional drainage.in ~aid Seagate "B". Mrs. Helm was assured by the ~o~ission that as much as possible, of the drainage system now existing, would be salvaged and utilized in the new system, and the City Nanager WaS requested to confer with the MAY 26th, 1958. City Engineer for discussion with the Engineer~ preparing the, detail- ed drainage system plans with a view toward utilizing as much as pos- sible of the present drainage system installed by Mrs. Helm in 1947, Commissioner Campbell suggested that it would be well for the Fire Chief to clear away the growth aro.und hydrants in the vicinity of Bauhinia & Sea Sage as well as Tamarind & Sea Sage. City Manager Lawson read the following letter: JAI~ES J. PRIEST ~ay 21st, 1958. Please accept my resignation as a Member of The Plumbers Exama- ning Board. I feel that because of my three or four years of service some other Plumber should serve for a while. Business is active at the present and this work does require a good deal of time and careful effort. /s/ J, PRIEST On motion of Commissioner Warren and seconded by Commissioner McNeece, the Council unanimously approved acceptance of lie. Priest's resignation and directed that a letter of appreciation for the ser- vices rendered by Mr. James J. Priest, as a Member of the Plumbers Examaning Board, be forwarded to Mr. Priest. Commissioner McNeece moved that Mr. John H. McWethy be appointed as Member of the Delray Beach Plumbers Examaning Board to fill the vacancy cre~ted by the retirement therefrom of Mr. James J. Priest. Notion seconded by Commissioner Warren and unanimously approved, The City Manager then read Resolution No. ll02: A RESOLUTION VACATING AND ABANDONING THAT PORTION OF THE PUBLIC STREET IN THE CITY OF DELRAY BEACH, FLORIDA, KNOWN AS SeE. FIRST AVENUE BETWEEN S.E. 9th AND 10th STREETS AS SHGfHI UPON THE 1,f~P OF THE CITY OF DELRAY BEACH, AND RE-LOCATING SAID AVENUE. (See Photo copy of Res. No. ll02--Page iO0-A) On motion of Commissioner Campbell and seconded by Commissioner NcNeece, the Council unanimously approved the PASSING-and ADOPTION of Resolution No. llO~ on this first and final reading° City Manager Lawson then read Resolution No. llOl: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND DISCON- TINUING A PORTION OF SOUTHEAST NINTH CODRT LO- CATED IN RIO DEL P, EY SHORES, A SUBDIVISION IN DELKCY BEACH, FLORIDA. (See Photo copy of Res. No. llO1--Page IO0-B) Commissioner Warren moved that Resolutiom No, 1101 be passe~ and adopted on this firzt and final reading. Motion seconded by Commis- sioner McNeece and unanimously agreed. General discussion fellowed concer~ing ~he request of the South- ampton Apartments f~r installatien of a Bulkhead and though the Plan~ ning Board and County Engineers, as well as the Army .Corps of Engi- neers, had recommended the plans and location as submmtted for said Bulkhead, Commissioners Campbell and McNeece were much concerned over the effect of such a Bulkhead in the proposed location on the City's public beach to the south, On motion of Commissioner Campbell and seconded by Commissioner NcNeece, the Council unanimously agreed that this matter be tabled for further study and consideration. NAY 26th, Commissioner Campbell moved that Bills, in the amount of as submitted by the CityManager, be paid subject to the approval of the Finance Committee. ~otion seconded by Commissioner V~arren and unanimously approved. City Manager Lawson then read Ordinance No. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-?.8(18) OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PEP~IT PRl~ATE GOLF COURSES IN "R-1AA" SINGLE FAM- ILY D¥~LLING DISTRICT. On motion of Commissioner Campbell and seconded by Commissioner NcNeece, the Counoil unanimously approved placing Ordinance No. on first reading. Concerning various requests for the placing of Household and/or Garden Trash on vacant lots, the Council unanimously agreed that the "~egulations Pertaining to the Handling and Collection of Household and Garden Trash" policy submitted by the City Manager under date of April ~th, 1~88, should be respected and adhered to without exception. The City Nanager then read the following letter: RE: Street Improvements, May ~nd, 19~8~ TO THE CITY Colored Section of City. MANAGER. Attention is called tomy conference with you Tuesday, May 20, 1958, at which time I discussed with you the Delray Beach Civic League's recommendation relative to ingress and egress streets to the new high school, and the suggested streets submitted by the school authorities. The Civic League objects to the suggestions of the school authorities in the following particulars, to wit: 1. That 1Sth Avenue be paved as ingress - egress street. 2. That lSth and 14th Avenues be made one-way streets. The Oivic League requests that you urge upon the City Council the necessity and the practicality of paving 12th and 14th Avenues as in- gress - egress streets to the new high school in conjunction with such other East-West street as may be deteEnined by the Council. The civic League advocates the paving of 12th Avenue as an ingress-egress stre~ instead of 1Sth Avenue for the following reasons: l, That 12th Avgnue leads to the eastern boundary of school property° 2. That the present school building extends nearly a third of the distance between 12th and lSth Avenues. S. That to pave 12th Avenue to the school would provide an excellent point for future extention of said street to 4th Street thereby providing ingress-egress to the athletic fields of said school. 4. That there is a church located on 12th Avenue, and the paving of said street would serve two institutions in conjunction with the many residents living thereon. $o That the residents liying on 12th Avenue have petitioned the Coun~ cil on numerous occasions in the past for improvement of said street without any apda rent success; that those residents are ready to pay for the ~mprovement. The Civic League further urges that the ingress-egress streets re- main two-way streets. Your consideration of the above matter will be greatly appreciated. /S/ DELRAY BCH CIVIC LEAGUE By I. C. SMITH Pres. ~ommissioner Campbell moved that, as expressly favored by the City Council more than a month ago during previous discussions with the Civic League Nembers and representatives, the "rec~endation" of the League be acc?pte.d to the extent that SV~ 12th and 14th Avenues be paved from Atlantac Avenue to SW 3rd Street; SW Srd Street from 12th to .14th Avenue; and SW 2nd Street westward to the end of the existing pav.~nE, but that.final decision for the "Ingress-EEress" Awenues being ONE WAY or TWO WAY s.treets .shall be made by the City Manager and Chi.el of Police follow~.ng .their study of all fac.tots relating thereto, Notion seconded by Ccmmss~oner NcNeece and unanzmously passed. _ Om motion of Commissioner Campbell and seconded by Cmmmissiener McNeece, th.s Council un.a~.imously .approved authorizing the Building In- spector to ~ssue a Permt for Movxng a One-Storey Fr.ame House from Lot ? in Block 91 to Lot 22 in "Lincoln Park" Subdivision. MEETING ADJOURNED: ~ R. D. WORTHING - -' 'City Cie~k APPROVED:. _.~,~ ~~ ~~. ~ MHEREKS, Florida ,e~er and Id4ht ~empa~y has ~o~~ to phi Mef m ~ h ~ ~ e~k er poses, ~b~~ ~t oerta~ ~b.a~t ~ b baoh, ~l~, baeribed aa fo~, ~t p~tl~ ~ 8. I. bt Av~ ~~ b~ 8. E. 9~ Street ~ S. B..XOth a~t, ~ ~ ~on b of ~ 01~2 of ~y ~, plat ~ ~.~ ~~ to the pht ~ero~ ~ fib ~.b ~e o~ b C~rk of ~e C~o~t ~t ~ ~ f~ ~ Co~t2, ~oFi~1 b ~d t~ a~e ia ~re~ v~atde ~I~ 2, ~t a o~2 ~ t~ b~lutiu ~ Mt fibd ~ tb offioe of ~e Ol~k ~ b ~~t ~t e~t c~t~ wi~ b ~o~eoaid ~v~oo ~ ~e hot ~0 feet X0 t~ 18, inc~ive, of BX~k ~, ~ ~I~ ~, ~t ~m b s~lt~u ~d~ of this Reeoluti~ ~d ~e ~~ ~, ~h ~ion er Aven~ ~re~ vacatd is ~e ~a~ ~ b ~ ~0 feet t~ 18, ~luoive, B~k X%, ~ ~T ,,, , A.D. 19~80 RESOLUTION NO. 1101. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND DISCONTINUING A PORTION OF SOUTHEAST NINTH COURT LOCATED IN RIO DEL REY SHORES, A SUBDIVISION IN DELRAY BEACH, FLORIDA. BE IT RESOLVED BY THE CITY CO~CIL OF THE CITY OF DELRAY BEACH, FLORIDA= ~HERFAS, petitioners, ~ILLIAM M. MILLER and AL~A M. MIL!.~, his wife,. have made application to said Council to vacate a portion of · street des :ribed as: That porti_on of Southeast Ninth Court lying East of the East right of-way line of Southeast Seventh Avenue, lo- cated in RIO DEL REY SHORES, a subdivision in Delray Beach, Pal~ Beach County, Florida, as shown bythe Plat thereof filed in the office of the Clerk of the Circuit Court in and fo~ Pals Beach. County, Florida, recorded in Plat Book 25, Page 5. Said portion being forty (41)) feet in width and running contiguous to and bordering Lot 1 of Block 5 and Lot 26 of Block 4, to the intra- coastal watemmy, a distance of eighty (80) feet, and ~, on May 12, 1958, the Council emaniaously accepted the reocm- aeadation of the P~ Board and approved the vacation of said portion of Southeast Ninth Court, aforedescribed, subject to the app?oval of ~ . City Eaginee~ coneemg~ng a~y possible need for drainage an~o~ easeaent o vet eaia portion of Southeast ]inth Court, ami Wi~REAS, said City e-gineer hoe recmmemled that petttlaaers g~ut to the City of Delvay Beaeh, Florida, an easement to the South ten (I0) feet of that portion of Seutheast l~inth Court, aforedeacribed, for ~rainage pur- poses, ant ~iI2J~AS, the petitioners, on the 22nd day of May, 1958, executed an easeaent aced to the City of Delray Beach, Florida, as reccmaended and quested, THEREFORE, p_u~.suant to paragraph three ($) Section seven (?) of the Charter for the City of Delmy Beach, Florida, we hereby declare the fol- lowing portion of Southeast Ninth Cou~t to be discontinued and vacated: That portion of Southe.~st Ninth Court lying_ East of the East right of-~y iine of South east Seventh Avenue as sheen on the recorded Plat of RIO DEL EEl SHORES. Said portion be- ing forty (AO) feet in width ami running contiguous to and bomleringLot 1 of Block 5 and Lot 26 of Block &, to the intmcoastal waterway, · distance of eighty(80) f.et. PASSED in Regular Sessio~ om this the 26th day of May, A. D., 1958.