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11-10-58 NOVEMBER 10TH, 1958. A Regular Meeting of the City Council of the Cityof Delray Beach was held in the .Counc.il Chambers at 7:$0 P.M., with .M~.yor J. LeRoy Croft in the Chaxr: C.xty Manager W. E. Lawson Jr., C~ty Attorney Harry T. Newett and Co~mmxssaoners Col. Dugal G. Campbell, Fred B. McNeece, George Talbot Jr., and George V. Warren. An opening prayer was delivered by City Manager Lawson. On motion of Commissioner McNeece and seconded by Commissioner Warren, the Coun_cil unanimously approved the Minutes of the Meetings held on October 27th and 30th. The Council, on motion of Commissioner Campbell and seconded Commissioner McNeece, a~proved the qualifi, ca. tions of the candidates,. for the office of councilman, shown below. (See Chapter 12, Sec.12-3) F. P. CARPENTER, JR. CHARLES HARB ISON L. STUART LANKTON GEC~GE V. WARREN City Manager Lawson submitted the following BIDS having been re- ceived for furnishing .the City. of Delray Beach with Fi~e Hose, all bids having been made xn compliance with specifications called for by the City: 1,000 Ft of 700 Ft of 2-1/2" 1-1/2" American-LaFrance Corp., $ 1,68 per ft $ 1.18 per ft BiLateral Fire Hose Co., 1.68 1.17 East. COd.St Fire Equipment Co., 1;56 1.09 Fabric Fare Hose Company 1~29 1~03 Goodrich Company, B.F., 1.66 1.19 Commissioner Talbot moved that contract, for furnishi.n~ the City with 2-1/2" and 1-1/2" Fire Hose, be awarded to the low b~ader, in ac-. c.ept,ance of the Fire Chief's recommendation. Motion seconded by Com- mssxoner MaNeece and unanimously passed. On motion of .Comm~ss.ioner Campbell and second.ed by Commissioner Talbot, the Council unanmously agreed on the denxal, of request .from Col. W. T. Pittman, 40A N.V~. lSth Street, fo~ extensxon of the c~ty water line and service to Lot 16, Second Addition, High Acres, and ad- herence to the City's established policy of not extending water lines beyond the city corporate limits. The City Manager read the following letter.and presented sketch plans for the Delray Beach Recreation Association's master plan: DELRAY BEACH RECREATION ASSOCIATION November Sth 19§8 At th.e November 4th meeting of the De]may Beach Recreation Asso- ciation, at was recommended that the recreation plans be.placed in the hands of the City Manager to present to the City. Commissioners for their study, asking the Commission to dedicate a sufficient amount of land so this master plan can be carried, out. We.wish to than~..you for your attention to this matter, and would apprecaat.e your adv~sxng us.at the next mee.tin.g of the Association the decisxon or reconunendat~ons of the CommAssxon. /S/REV. ARTHUR R. CHARLESWORTH President Commissioner Talbot moved that the Recreation Association be ad- vised' of the Council's accep.tance, for study, of the Assoc.iation's master plan, and that a meetang be arranged with the Plannxng Board, NOVEMBER lOth, 1958. a.t.the Board's convenience, for the Coun.cil and. Pla.nning. Board's ~o~nt study of .the proposed master plan xn con~unct~on' w~t~h the cur- rent. Comprehe.nslve City Plan and .Urban Renewal Program under consid- eratxon. Motxon seconded by Commissioner Warren and unanimously ap- proved. City Manager Lawson then read the following request from - Sherman William Pos~ ~o.,~ Delray Beach, F.l~ida October ~Oth, The American Legi.on Post No. 188 does he. tobY ~sk p~ssion to sponsor the same carnxval we had last year (The Miller ~semeat En- terprise of Pompano). Our plans are to finish th.e indebtedness with the Ocean City Lumber Company if the weather pe~t.s~ - t. ~ sure we will preserve ord.er and leave.the park ready fo~..~nspec~ti$~ after the show. We would l~ke to have ~t convene Novemb~e~ 24 to .30~ t958. /s/ VILL E, 'C.' SC Post Commander O. F, YOUNGBLOOD, Adjutant DAVE HOGGINS, Treasurer Cmmnissioner Campbell moved.that the request of Sherman William Post No. I$8, te conduct a carnival during the period commencing No- ve.mb~er 24th and ending November $Oth, be ~$ranted: in as much as the ~xd Post No. 188 has always conducted thxs carnxval in orderly man~ ~.r and le. ft the grounds in satisfactor..y o.ondition following th.e af,. fair, s.ubsect $o assur.ance by Sherman %V~lllam Post N°. 188 of sxmilar ~_a~d satxsfacte_~y clearxng of the ~mounds after closing of the carniVal, M, tion seconde~ by'Commissioner W~ren an~ unanimously passed. The City Manager then read Ordinance No. G'~O0: AN ORDINANCE RELATING TO SET-BACK LINES APPLI- CABLE TO EAST SIXTH AVENUE AND EAST FIFTH AVE- ~JE IN THE CITY GF DELRAY BEACH, FLORIDA; ES- TABLISHING A BUILDING SET-HACK LINE 40 FEET ~RC~ CENTERLINE OF SAID THOROUGHFARES; FIXING AND PROVIDING RESTRICTIONS UPON USE 'OF AREA BE- TWEEN STREET LINE AND SET-HACK LINE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND POS I~1~ PENAL~ IES. On motion of~ Commissioner Ta~lbot and seconded by Commissioner McNeece, .~he Council unan.imousl~ approved Passing and Adoption of Ordinance No. 'G-S30 on th~s second and final reading~ ~ City Manager Lawson submitted Resolution No. A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF DEL AY BXACH, FLORIDa, R QFIRIN PLANS, CATIONS AND ESTIMATE OF COST F(R CONSTRUCTION OF STORM DRAINS ON BASIN DRIVE AND THAT PART OF SEAB. ~EZE'AV~'.LYING BETWEEN LOWRY AND THOMAS STREET$~ TOGETHER WITH THE INSTALLATION OF CATCH BASINS. AND MAN-HOLES IN CONJUNCTION WITH Such X ArNS' .0~ motion of commissioner Campbell and seconded by Commissioner Warren, the Council unanimously agreed on Passing and Adoption of Resolution No~ 1155, $ommlssioner ~pbell moved that the Planning Board be requested te ~t.~ty %he co,potato limits of the City for the purpose of recom~- men$ing brtnging into the Ci.ty, b.y annexation, p~operties in or,let tha~ the ~ent pres irregular Cxty l~mits may be.straightened out, tACh secOnded by Commissioner Talbot and unanxmously passed. NOVEMBER lOth, 19%8 Concerning provisi.on for creation of a Board of Zoning Appeals · and Adjustments, the City Attorney advised the Council that legisla- tive action authorizing a Charter change would first be necessary a.s . the current Charter does not provide the Council with power to appoln~ such a Board, and only after such action would it be in order to con- sider an amendment to Ordinance No. 385, relative to effecting such an appointment, and before c.onsideration of such an amendment, any de- sired or proposed change in Ordinance No. 368 would be required to be placed before the voters by a referendum in as much as said Ordinance No. 368 was passed by a referendum vote of the electorate. Commissioner Talbot moved that the. City.M~..n~.ger be requested to contact Professor Bar.~ley, at Lakeland, soliciting the Professor's recommendation concerning the best and proper procedure to effect an Ordinance necessary, and to provide, for the creation of a Board of Appeals and Adjustments. Motion seconded by Commissioner Campbell and unanimously agreed. On motion of Commissioner Campbell and seconded by C.ommissioner ~Varren, the Council unanimously approved that the follownug proposal~ phrased and p.repared by the City Attorney.~ be caused to appear on the General Electxon BALLOT, December 2nd, 1958: "Do you favor amending Section 2A of the .Charter of Delray Beach to provide that the Mayor of the C~.ty of Delray Beach shall be paid an annual salary of $3,000.00 and ' each Councilman shall be paid an annual salary of $2,400.00" The Council further stressed its desire that the Ballot Heading for the proposed Charter Change, concerning Council Salaries, be made clear and informative to the voters. C~ssioner Campbell moved that Bills in the amount of $26,888.26 as submitted by the City Manager be paid subject to the approval of the Finance Committee. Motion seconded by Commissioner NoNe,ce and unanimously passed. City ~M~.nager Lawson submitted the following request from Attorney Henry ~. Lllienthal: RE: Saddle River Oaks vs. City of Delray Beach '~Te have had two more hearings and I need some money to pay the court reporter. Please let me have an additional check for $200.00. . This case is coming up for hearing on motion for summary judgment filed by the plaintiff at 2:15 on Monday, November 10th. If you or a.n~ of the commissioners desire to be present you may attend but there will be no testimony taken at that time, only argument of counsel." On motion of Commissioner MoNo.ce and seconded by Co~missioner ~'~arren, the Co~mucil unanimously approved payment of Attorney Henry F. Lilienthal's bill in the amount of $200.0~. The City Manager read the following letter from Plaguing and Zon- ing Board Chairma~ Andrew L. Fab,ns: TO CITY COM~ISSION. RE: Hoyle Cadillac Zero set-back on alley. "I believe it was in June that the Zoning Commission discussed the alley set-back for.the extension of their shops. ~Wnile I .~e.member ~t was appr.ove.d, I do not know how it came to us or how decision went to the Building Inspector." /S/ PLANNING & ZONING BOARD Andrew L. Fab,ns, Chairman "~?J6 NOVEM~Pa lOth, i9~8. l~s. Frank Doman, owner of apartments on .the N. W. corner of N. E. Sth Street and 7th Avenue, protested the opening of tbs alley be~een N. E. 8th and ~th Avenues and Ath an~ 8th Streets, belaeving that the ~ag$ 9f.such an alley would be de~r~ental t9 the.value an~ ~ental ~oss~b~l~ty of the various properties in the ~edxate area. Conce~ni~ the apparent violation of building set-backs, Com- ~ssione~ C~be~l again inq~red h~ such a variance petit bec~e ~ssued wxthout f~rst having followed.proper proced~e. ~e City ~ger read the followxng letter f~om the B~ld~g ~ector: ~ CI~ ~AG~ November ~th, 1~8. "Resar~g rear yard setbacks for the Hoyle Cadil~c B~lding, ~ sub~ttlng the following report. ~e Pla~ing Bgard advised ~ office t~t after advise from thei~ c~sult~t, the Ordznance app~ing to the rear yard set-back in a com- ~rcial district was to be interpreted as app~ing to abutting rear operty'lines only and not to apply to rear properties lines abutt~ alley. I was f~ther notified by the Pla~ing Board t~t this info--rich w~ being co~icated to the City ~o~ssion. ~ the basis of this interpretation, I issued a pe~ for the s~ ~ect pro ~ect." /S/ ~H A. H~HSON Col. ~drew L. Fabens, Chai~an of the Pla~ing & Zoning Board, oiled the fact that the first of the Hoyle-~dill~c ~uildings b~lt to the lot line prior to the t~e of establzsh~ng a ten foot set-back. On motion of Co~ssioner C~pbell and seconded by Comm~ssione~ M~ece, the Co,oil ~nimously agree~ that ~. Hoyle be notifie~ t~t the City will not gr~ ~ pe~t for opening of tbs alley b~lt as proposed in his orzg~nal request, but must be z~roved a~rdance with 0ity specifications, Co~ssioner Campbell moved t~t the City ~ger be requeste~ to t~e exception to the ma~e~ o~ pe~ts bei~ issued in violatioa of r~lat~ons an~ that the Buzldzng Inspectorbe censored for such ac- t~. There was no action tak~ on this motion. City Manager Lawson read a letter received by Com~issioner Warre$ .fmta Mr. Adgate Lipscomb, of Seasage Drive, Seagate Sectio~ B, where- Mr. Lipscomb cited the most undesirable and unsanitary conditions various home sites in lower Seagate area caused by permitting l#ited fill, for heighth of .lands, prior to construction thereon at~ r(juested the Council to.consider establishing control of 1.and fill, On motion of Commissioner Campbell and seconded by Commissioner ~V$1ren, the Council unanimously agreed on referral of Mm. Lipscomb's c~munication to the Planning Board. The Council requested the City Manager to.c.ontact the County.wit~ $.ference to the undesirable over-growth condition on the west side Andrews Avenue, between Delray Isle S/D and 8th Street with a Vl t~ard obtaining.land c.learing, and if unsu.cce, ssful in obtaining ?i~, arrange for City equipment to provide elxmanation of the undeszr- ~le condition in the area so identified. On motion of Commissioner Talbot.and seconded by Commis.sioner eeoc, the Council reque.sted the City Manager, together with the y Attorney, t? confer wl.th. Southe.rn Bell Telephone. Compa~.y~.with e.hope and desire of ob. ta. lnln$ their co-operation in 'providing a~ ire.er or lineman, familiar .with Teleph.one Comp.any's cabl. e locations, be in constant attendance with the various drainage pro~ects, now in Ward I, in order that the accidental cutting of cables, de ~m?a. y . sult.~ng in elimination of phone service until repairs are made, avoided. ¢ NOVEMBER 10th, 1958 ~7 City Manager Lawson informed the Council of a recent Federal Com- munications Commission ruling which requires the City to modify its two-way-radio equipment to functzon on a more limited channel, due to the ever increasing demand for additional channels for two-way radio transmission, by February 1st, 1959. This directive, dated October 27th, 1958, was just received, and therefore no provision for such an expenditure was included in the current Budget. On motion of C?mmissioner Talbot and seconded by. Commissioner NcNeece, the Counczl unanimously approved authorizatzon to the City Manager for providing all changes, necessary, to comply with the Fed- eral Communications Commission ruling .appearing in the Federal Eegister and which was adopted by the said Comunssion on June 26th, 1958. The Council, on motion of Commissioner Talbot, seconded by Com- missioner V~rarren, unanimously approved the application of V~T. W. ~ril- liamson, Ogruaka E. V¢illiamson and Joyce E. Walden for operation of ART'S PLACE, 210 N. E. Srd Avenue - BEER & WINE - Consumption on the premises. MEETING ADJOURNED. R. D. ~iORTHING 'City Clerk APPROVED: