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10-27-58 OCTOBER 2?TH, 1958, A Regular Meeting.of the City Council of the City of Delray Beach, was held in the Councxl Chambers at 7:30 P.M., with Mayor J. LeRoy Croft in the Chair, City. Ma.nager W. E. Lawson Jr., City Attorney Harry T. Newett and Commlssxoners Col. Dugal G. Campbell, Fred. B. McNeece, George Talbot Jr., and George V. Warren. An opening prayer was delivered by Reverend J. ~. Swanson. Officer Tom Joyce, on behalf of Col. H. M. Kirkland - Chief of the Department of Public Safety for the State of Florida, presented the local P61ice Department, R. C. Croft - Chief of Police - a Certi.- ficate of Honor a~ a Safety Award for the per~od cg.~.encin$ January 1st, 1957 and ending. De?ember $1st, 1957,.d.u~.~ng_wh~ch ~er~od there were no fatalities w~thln the corporate llmmts of the City of Delray Beach. On motion of Commissioner McNeece and seconded by Commissioner Talbot, the Council unanimously approved the Minutes for the Co~ucil meeting of October 13th, 1958. CtSy. Manager Lawson present?d the following BIDS received for three (S) NE~ 1989 Automobiles intended for use in the Police and Fire Departments and according to specifications furnished by the City: Chevrolets Adams Chevrolet Co., $6,898.B8 LOT NET Fords EarlWallace Ford, Inc.,7,197,00 Plymouths Joe Rose Motors 7,350.00 'Commissioner McNeece moved that contract be awarded to the low bidder for furnishing the City of Delray. Beach with thre? (3) NEW 1989 automobiles in accordance with specifications supphed by the City. Motion seconded by Commissioner Talbot and unanimously passed, The City Manager submitted a copy of the ~ecOmmended recreation program for the Teen Town Park area for the wxnter and spring seasons, expressing his belief that the outline therein is a betterment of the general program in utilization of the facilities and personnel to good advantage and recomm?nded that the new Recreational D~rector~ soon to be employed by the. City, be permitted to.review the program ~n order that same may tie in with ideas of the D~rector. Commissioner Talbot moved that, in line with the City Manager's recommendation, the program be tabled until the new Recreational Di- rector has arrived amd has had time to review its provisions, and that in the meantime the program be referred to the Beach Committee with the possibility of affecting a~y savings in that area which might be applied to the "Teen Tow~.Park" program. Motion seconded by Commis- sioner Campbell and unanimously agreed. Mr. Thomas C' Healey, Jr., of the Florid~ Public Utilities Co,, appeared before the Council and renewed the lnterestand desire of ~ilities Company in establishing a Natural Gas Franchise with the Cxty of Delray Beach, and agreed to submmt a formal proposal to the City Manager and City Attorney on Tuesday, October 28th, 1958~ ~. Neeley further expressed a desire to sit with the Council and discuss such proposal for a franchise providing for distribution of natural gas in Delray Beach. The following letter was rec?ived from Florida-Coastal Natural Gas Company of Gainesville, Florxda: October 16th, 1958. "This company is desirous of sec.uring an e~olusive franchise for the distribution of natural gas within the limAts of Delra~ Beach, Florida. This franchise would be in exchange for a franchise tax the gross receipts fromresidential consumers.~ As you are perhaps a- oo~o~R a?t~, .~.958 ware, natural gas is expected to be available in limited quantities in Flox, ida about June of next year. ~;e are endeavoring to arrange franchises from the cities not in- cluded in the original allocation, so that .natural gas may be made available to them at the earliest opportunity. V..~it~ this in mind, we would appreciate discussing.the pro- ~sedp franchise, with you and. the. City Commission at your earliest opportunity. I would appreciate ~t .if ~ou would place this matter on your agenda and advise us accord- ~ng-y. . Thanking you for your cooperation in this matter, I remain IS/ J. o. ACK 4., Mr. Mack advised that Florida-Coastal Natural Gas Company is a producing comp?ny of Corpus Christi, Texas, but have, however, formed a corporation ~n the State of Florida, which company desires to be- come engaged in the distribution end. Att'y. McGowan, of Gainesville, Florida, informed the Counc.il o.f the high rating .established by · Coastal States, the local d~str~buting company Which has not, as yet, provided for Gas Allocation in this area. Mr. Mack further informed the Council that his proposal reflected a ~% utility tax on gross receipts in lieu of local occupational and operational taxes, and submitted a proposed ordinance providing for an exclusive franchise for distribution of natural gas for a period of thirty (BO) years. ~ On motion of .Commiss.ioner Warren and seconded by Commissioner Talb.ot, th.e Councxl unanimously agreed t.o take un_der a~visement for consideration, the two proposals, one being verbal. City Manager Lawson submitted the following letters, concerning a frame structure on the front portion of Lot $, Block 77; September 24th, 1~§8. Mr. Charles H. Harbison, Bon Aire Hotel Building. "The frame structure on the front portion of Lot ~, Block 77, which you own on S.E. 1st Avenue, has been inspected by the Fire Marshall and the Building Inspector and has been found to be a defi- nite fire hazard to the area. This is declare~ to be a dangerous building, and all dangerous buildings within the terms o.f section ~-7 of the building code are hereby declared to be a public nuisance and shall be repaired, vaca- ted, or demolished within thirty (80) ~.ay.s." ' /S/ RALPH A. HUGHSON, Building Inspector. October 2Srd, 1958. City Council, Delray Beach, Fla. "This is to let you know that ! have applied to the Building Inspector .for a building permit to repair the frame structure on the fro.nt po.~t~on of Lot 9, B.lockk 77, De]ray. Be.ach, in accordance .with a dxrect~ve recently received from the Bumld~ng Inspector's offxce. Said Building Permit was refused. I would like t.o express my opinion, too, that the under consideration ~s structurally sound and will stand inspec.~ion by you and/or the building inspector." /s/ CHA t S H. HA B SO The Building Inspector stated that a permit was not refused but that.due to the .lateness in the day, when the request for permit was received, and c~rcumstances concernin~ the matte~ he deferred grant- lng a permit until he had tim.e detemmmne the requirements. . Commissioner Campbell rem~nded the Council that when condemnatxon proceedings are instituted against property, the owner thereof should OCTOBER 27 .,:~, 19p~. .~, w:~ be given a complete written notice of all facts concerning such con- denmaticn and what p~ocedu~es and requirements are ~o be taken, to satisfy the City. Co~ssiqne~ C~pbell then moved that in view of th~ slip-shod ~e'r ~n ~xch such actions have been processed, the C~ty ~age~ be requested to take wh~teve~ steps ~y be necessary to 9orrect s?ch procedure if correct,ye measles are not already prowded for ~n the Code, in order t~t, in each case si~la~ in nature, a bill of parti- culars shall be supplied to interested pa~ties. Notion ~s seconded by Co~ssioner McNeece and ~animously approved. City ~nage~ ~wson then read the following Ordinance: ~DINANCE NO. G-298. AN ~DI~NCE ~DI~ C~PT~ 13 OF THE CODE OF O~I- N~CES OF THE CITY OF DE~Y B~CH, FLORIDA, BY PRO- HIBITING THE 'ELECTRICAL INSPECTOR OR ~ OF HIS AS- S~TANTS TO ENGAGE IN ELEC~ICAL BUS,ESS IN A~ ~N- N~ V~ILE HOLDING SUCH OFFICE. ~ motion of Cq~issioner Talbot and second?d by Co~ssioner NcNeece, tbs Co~cll ~animously approved adoption of Ordinance No~ G-2~ on this second and final ~eadi~. The Co~cil ~equeste~ the C~ty ~nager to ~ete~ine if a local paper publxshed ~nfo~t~on indicating that Building and Pl~bing In- spectors are not so controlled, as was alleged to have appeared in last week's issue, and ~f fo~d to be a fac~, to request such news- paper to ac~owlsdge the erroneous statement and advise the public that both the Buxlding ~spector ~d Pl~bi~ ~spector a~d their respective assistants a~e si~larly prohibited from engaging in any building or pl~bing business, respectively, by the local Code of Ordinances. Ci~ ~nage~ ~wson, following the oppo~t~ity of public discus- sion as provided by advertisement, then read the following Ordinance: ORDIN~CE NO. G-299. AN ORD~NCE PROHIBITING C~ERIES, ~USOL~, A~ CR~TORI~ '~THIN THE C~Y OF DE~Y B~CH, FL~IDA, ~CE~ AFT~ R~I~ OF AN APPLICATION AND H~G TH~EON. ~ motion of Co~ission~r Warren and seconded by Co~issioner Talbot, the Co~cil ~an~ousty agreed on adoption of Ordinance No. G-299, on this second and final readxng. The City ~nager then presented ~d read the following Reports from the Pla~ng & Zoning Board: Octobe~ 27th, 1~58. 1. RE: Request for deviation to e~ec'%: plexes in Block 40, Lots 1,2,3 & 4. ~. Carl Poorba~h has applied fo~ a variation to allow construc- tion of duplexes inBlock 40, at the S.E. Corner of S.W.4th Ave & Street. ~r board considers that a cha~e of zoning would be required . rather th~ a variation, and that this would require a public hearing after Dec. 1st. At such a hea~ing the City would be the most ~nterested party since.it o~s all the ~est of the west half of th~s block,.except Lot 28 whxch is the 5th one south. The City also o~s the entire block north of Block 40.' The east half of this block has n~erous single fa~ly houses on 4th Avenue. ~ the west side of 4th Avenue, there is a church and ~ny single f~ly resid~ces, also in R-1-A. OCTOBER 2?th, 1958 Your commission seems to have the choice of ordering a hearing or denying the petition. PLANNING & ZONING BOARD On motion of Commissioner Campbell and seconded by Commissioner M.cNe?ce, the Council unanimously approved denial of r.equest for vlatlon by Mr. Carl Poorbau~h, and requested the applicant be advised, in notification of denial, that a zoning chang? appears to be regulred rath.er than grant of a deviation, and that z.on~ng change requests are cons~iered only between December 1st and Apr~l $Oth. 2. October 23rd, 1958. RE: Pr. oposed asphalt plant in ~est Elbe S/D on S°. Dixie. Referring to application of ~M~.. Walt Childers, General Manager of Palm Beach Asphalt Co. Inc., which was referred to our board at your last meeting, we report as below. This is a reguest to lease a portion of five acres, now used by the City as a city trash dump, west of the Dixie Highway and the ~EC tracks at S.~. 12th Street. O~e of our members, who has operated this type of operation, tells us that considerable dust and smell may be expected. The proposed site is directly west of the Tropic Isles.Trading Cente~ and within 500 feet of the north-east corner of Tropic Palms. Our board, six members being presen~ and Mm. Knowles being ab- sent~ unanimously recommend that the p~oposed lease be denied. PLANNING & ZONING BOXRD on motion of Commissioner ~arren and seconde~ by Commissioner Talbot, the Council unanimously approved denial of the request from Mr. ~alt Childers of Palm Beach Asphalt Co. Inc. CAty Manager Lawson then read Planning Board's Report - No. October 27th, 1958. RE: Set-back on Lots 13, 14 & 18, Block 112,~ S.~/. 6th Ave., Adams-Chevrolet. ~he Adams Chevrolet Co. have applie~ for a reduced set-back for a display canvas-covered showroom just south of their building on S. 6th Avenue, which will be the north-bound Federal Highway. ~hile they have applied for a 35 foot set-back from ~he center- line of Sixth Ave., they are willing to revise their request to forty (40) feet. ~f the commission approves the recommendations of our board being submitted tonight for revision of set ba~ks along the ne~ Federal Highways, and the above proposed revision of their petition, the matter can be handled by the Building Inspector. PLANNING & ZONING BOARD 4. October 27th, 1958. RE: East Sth & East 6th Avenue Set-backs. After considerable study a.nd discussion of the above matter~ the Plan~ing Board make the following reco.m.m, endations: That along the front of all properties, a highly restric'~lve sea- back line of ten feet be established which will be between lines located 30 ft and 40 ft from the center line of Eas~ Sth AVCo In this set-back it is recommended no obstruction of any ncture be permitted. That is, there shall .be no parking of vehicles, no pla~l~ing, no fuel pumps, no merchandxse fo~ sale or disnla.v (includ- ing automobiles or other vehicles), and no signs or areas ~or serving or servicing vehicles. Vehicles may enter or lea~e the properties over this set-back area; but no standin~ vehicles for parking or ser- vice should be permitted. 4 Over th~s are?, at a height of nine feet or more, .canopies, hint- qumes and szgns (zn conformity with the sign ordinance) will be per-~ _mitred; provided they are entire~l.y supported from points or anchors located 40 feet from the center lzne of the road. To accomplish ingress an.d egress to properties 40 feet from the centerline of the road, turn outs shall be permitted of a maximum width of $0 feet, measured along the curb line, but no more than two turn-outs per hundred feet of frontage. No drop curb should be per- mitted within 6 feet of any .other turn-out, p.roperty line, or around any corner within the extension of property lines at an intersection of two streets or avenues. No commercial building or o.ther structure where customers and ~patrons are served exclusively znSide the building, no "curb service" or "drive-in" service, filling station, fuel pumps and automobile facilities where moto.r vehicles leave the public highway to be serve~ or repaired, or roadside stands or other structures where the public are served or sold food and beverages in their cars (such buildings known as "drive-ins"), shall be constructed within 40 feet of the center line. Residencies, tourist courts, motels or hotels shall be governed by the rules for set-backs from the property lines in their res- pective zones. Any building permits applied for prior to the final acceptance by the State of the road plan shall be accompanied by an agreement to remove or move any construction not in accordance with final state plans. PLAN~.iING ~: ZONING BOARD City Nanager Lawson then read proposed Ordinance No. G-300: AN ORDINANCE RELATING TO SET-RACK LINES APPLICABLE TO EAST SIXTH AVENUE AND EAST FIFTH AVENUE IN THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING A BUILD- ING SET-BACK LINE 40 FEET FRO~.( CENTER-LINE OF SAID THOROUGHFARES; FIXING AND PROVIDING RESTRICTIONS UPON USE OF AREA BETYEEN STREET LINE AND SET-RACK LINE; REPEALING ALL ORDINANCES IN CONFLICT HERE~:~ITH; AND IMPOSING PENALTIES. On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously approved deletion of provision in paragraph 2 of section 2 in said ord.inance providing for canopy, marquee or sign construction at a height of nine feet to be permitted in the ten foot strip lying between two parallel lines representing 30 and 40 foot set-backs from the center line of the road, as such construction is believed to be an injustice to City streets., and thee placing of Ordinance No. G-SOO, subject to such amendment (deletion) on first reading. On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously agreed that Ordinance No. G-SOO be advertised in its entirety, as recommended by Col. Andrew Fabens, Chairman of the Planning Board, and further, that any permits issued prior to final acceptance of this Ordinance be issued strictly in ac- cordance with the terms and conditions outlined therein. Commissioner Campbell moved that copies of Ordinance Nco G-90~O be forwarded to the R/V~ Agent for the State Road Department and ...he two local appraisers of East 5th and 6th Avenues Working in conjunc- tion with and for t.he State Road Department relative to obtaining rights-of-way. Mot~on seconded by Commissioner McNeece and approved by the full Council. Commissioner Campbell then moved that Adams Chevrolet Company be ranted a deviation permit to 40 feet from the center-line of South ederal Highway, subject.to agreement by said Chevrolet Company to move any structure at sazd Company expense, on 5 day notice from the OCTOBER 2?th, 1958. State, County or City, at such time as additional set-back require- ment may be determined necessary. Motion seconded by Commissioner Talbot and unanimously passed. Attorney Harry Goodmark, of West Palm Beach, appeared b. efore_ the Council and requested that ~he Council rescind its revocation of a Beer & Wine License to Willie Nme F~lwards, revoked as a result of violation and conviction concerning local regulations, and further ad- vised that the State Beverage D.irector has full power and authority bo revoke or suspend any such hcense. There follows the opinion of the City Attorney concerning this matter: October 23rd, 1958. "Pursuant to inst.ructions given a.t last Council meetin$, I have made further examination of law relating to power of Council to sus- pend or revoke a license. Section 561.29(1), Florida Statutes, provides: 'The director is given full power and authority to revoke or suspend the license of any person - - -'. The attorney general of Florida has ruled that a town council may not close a saloon within the town limits, but Shat if such saloon is a nuisance or disorderly the Director of the Neverage Department has authority to suspend or revoke its license after hearing and upon suf- ficient evidence. It appears the Circuit Court. of Dade County in the case entitled Hialeah v. Justinge~_ruled similarly. However, as far as I can find there has been no ruling by the Florida Supreme Court, or the District Court of Appeals. In view of thi~, and by reason of the wording of Section §61.29 1) conferring 'Ful! power and authority' upon the bevera, ge direc.tor, n order t.o avoid litigation, I recommend that t.he Council authorize the Clerk ~ssue renewaI license upon proper appllca.tion. (mhich appar- ently has been made through Beverage Director's office ~n ~Vest Palm Beach. Insofar as the Beverage Law is concerned, municipalities can only zone as set forth in Sec. 861.44, and establish and regulate the hours of sale. HARRY T. N~'~ETT Commissione~ Campbell cited that the Council had acted in good faith in. revoki~ the license of Willie Mae Edwards due to admission and conv~ction of the sale of Beer after hours and the possession of hgambling equipment, and in spite of the fact that the Cttorney General as apparently ruled otherwise as to power and authority to revoke a license, moved ~at the City Attorney be ~equest. ed to notify the pro- per officials why the City Council took the action of record, namely~ revoking the Beer & Wine license of Willie Mae Edwards, which action, therefore, rer. ains approved by the entire Council for the City of Del- ray Beach. Motion seconded by Commissioner Warren and unanimously a- greed. On motio~ of Commissioner Campbell and seconded by Commissioner McNeece, the Council approved payment of Bills in the amount of $$0,9A8.25, submitted by the City Manager, sub~ect to the approval of the Finance Committee. Commissioner ~'~arren moved that the application of Mr. and Nrs.~ Clase for operation of "Art's Place" at 210 N.E. Srd Avenue - Bser and Wine (C.0. P.) be approved. Motion seconded by Commissioner Talbot and unanimously passed. Com~ssioner ~arren moved for approval of K. B. Butler's applica- tion for Beer License, off the premises, at 111 S.W. 8th Ave.,Motion seconde~ by Commissioner NcNeece and upon Call of Roll, Commissioners_ Warre~ and McNeece voted in favor thereof, Commissioner Campbell and · Mayor Croft were opposed .and Commissioner Talbot abstained. 6 OCTOBER 2?th, 1958 On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously approved granting the Police Benevo- lent Association permi?ion to erect a sign at the entrance to the grounds on the south side of West Delray Road, sketch of which was submitted for Council consideration by Mr. Ray Yates, President of the Association. City Manager Lawson submitted a set of plans for an office build- ing for Gulfstream Motors intended to be constructed on the of the E. 186.98' of the S. 1§0' of Block 184, less the S. 18' there- Cfc The Council recalled that a temporary pemmit, of two years dura- tion, had been previously granted to Gulfstream Motors, and Com- missioner Campbell inquired why there should have been any activity concerning construction going on'at this location during the past week or two and prior to th?e plans being submitted to the Council for consideration, and was informed by the Building Inspector that a tentative permit had been extended to Gulfstream Motors sub~ect to ultimate Council approval of the plans. The Commissioner desired to go on record as objecting to the ~uildi~g Inspector giving any such type of permit under these or sim- ilar circumstances. City Attorney Newstt informed the Council that a prior ordinance had been created ~equxring plans for proposed constr~tion om Ocean Blvd., and Atlantic Avenue be prssented to the Council for proper and reasonable control over architecture andg~neral appearance of construction on those main thoroughfares. On motion of Commissioner Campbell and seconded by Cbmm~ssioner V~rren, the Council ?~.animously approved tabling these plans until the next regUlar meeting, for further study, and that the Building Inspector votify.the partSes concerned that no more work is to be done on th~s pro~ect until the issue is clarified. On metion~of Commissioner Campbell and seconded by Commissioner Talbot, the Council approved the release of Mr. A. P. Hued, convicted on October 8th, 1958, of D.W.I.,to the custody of Mrs. Myrtle Jones, his sister, as recommended by Municipal Judge John C. W~ll~ams, due to an extreme.hardship case in the family of Mr. Hurd due to jail sentence, saxd release to be effected at the earliest possible date. ~ City Manager~Lawson informed the Council of the coming "Florida Planning & Zoning Association" eighth annual conference to be held in Lakeland, FlOrida, November 8-8, 1958, and, on motion of Commissioner Campbell, seconded by Commissioner Talbot, was requested by the Coun- cil to attend and to extend an invitation to the Planning & Zoning Board Members to arrange to be present, if possible, at the City's expense. Council members were also urged to attend this important conference in Lakeland, at City expense. The Council, on motion of Commissioner ~rren and seconded by Commissioner Campbell, requested the City Manager to contact George ~J. Simons, Jr., Messrs. Wood and Baril, and Members of the P~anning BoarA at t~e earliest possible date and arrange a meeting w~th.the Council prior to the Lakeland conference, concerning consid- eration of the '~Vorkable Program'. The Manager was also requested to invite the Recreation Committee, Rev. Charlesworth and the Press to such a meeting. On motion~of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously approved attendance by the City Engi- neer and others possible to the Florida Shore and Beach Preservation Association conference at the Galt Ocean Nile Hotel in Ft. Lauderdale on November 14th and 18th. OCTOBER 27th, ~o On motion of Commissioner Campbell and seconded by Commissioner McNeece, the Council unanimously authorized denial of the application from Mrs. T. L. Cannon to provide a concession on the Beach Pavilion for sale of soft drinks, candies and cigarettes. City Manager. Lawson read Resolution No. 1184: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND EMPOWER- ING THE MAYOR AND CITY CLERK TO EXECUTE RELEASE TO PEERLESS INSURANCE COMPANY. Commissioner NcNeece moved for adoption of Resolution No. 1154, on first and final reading, providing for acceptance of $7,500.00 from Peerless Insurance Company of Keene, New Hampshire, Surety .for bankrupt Seminole Construction Co. of Fort Lauder~ale, as sufficient and adequate to cover the City's damages and loss sustained by said bankruptcy, Motion seconded by Commissioner Talbot and unanimously approved. ADJOURNED: R. D. WORTHING APPROVED: .... C~ty Ole~k' ......