Loading...
12-08-58 2~)1 DECEMBER 8TH, 1958o A Reg.ular Meeting of the City Council of the. Cityof Delray Beach, was held ~n the Council Chambers at ?:SO P.M., w~th Mayor J. LeRoy Croft in the Chair, City Ma.nager W. E. Lawson Jr., City Attorney Harry T. Newett and Commiss~oners Col. Dugal G. Campbell, Fred B. McNeece and George Talbot Jr. An opening prayer was delivered by Reverend J. W. Swanson. On motion of Commissioner McNeece and seconded by Commissioner Talbot, the Council unanimously approved the Minutes of the Council meetings held on November 24th and December 2nd. City Manager Lawson read the following letter: TO: RE: Right-of-Way - - U.S. 1 through Delray - Standard Oil Station NE cot. U.S. 1 and CITY MANAGER Atlantic Ave. I discussed wit. h .y. ou this morning the problem confronting the County over right of way from the Standard Oi.1 Company. I understand your recen.tly enacted set-b.ack ordinance proved.es a ten foot set-back but prohibxts the use of th~s ten feet for p.arkxn$ or other purposes. Due to the shallow depth of the lot in questxon, ~f the O.il Company cann. ot use the ten feet between the pump i. sland and the s~dewalk or .right-of-way line, then it could not service es.rs west of the p.ump ~sland between the island and the sidewalk. This would unquestionably entai.1 the payment of a much larger sum of money to the Oil Company for r~ght-of-way than if the Company were permitted to use the ten .feet in question to permit cars to drive on for obtaining gasoline as lS now done. It is hope.~ that the Board of Adjustment will take appropriate action to permxt the use of the ten feet so as to save the County a considerable amount of money in obtaining the new right-of-way and you may consider this letter a request for appropriate action to permit the use, .If you need a map or survey of the property so as to give the mensxons of the new se.t-up I am sure t.hat the Right-of-way Department of the County can furnxsh the information. Some action on this matter is respectfully requested. /S/ HENRY F. LILIENTHAL Ass' t. County Attorney Commissioner Tatbbt-~oved..that' the' .re~luest"of Att '.y.' Lilienthal, '~' B~.~a~ ~. on" behalf .of 'tSe County,. 'b~ ~. denies 'in. view' .of Ordxnance No. BO0, just passed, which ordinance provides for set-backs on Fa.st 5th & 6th Avenues, and that the City Ma.nager be requested to so advise Attorney Lilienthal, pointing out the unpracticalness of carrying out the At- torney's suggestion, as pertains to Gas Service Stations, or any other activity, which, if so effected, would make inefficient the determined need and desire of the Council as expressed in said Ordinance No,. 300. Following a.general discussion on the matter, to which Col. Andrew L. Fabens, Chaxrman of the Planning &.Zoning Board, expresse.d approval, the motion was seconded by Commissxoner Campbell and unanimously ap- proved. The City.Manager informed the Council that the matter of sa.nitary sewers and .~xsposal had been placed upon the agenda for dis.cuss~on. Connniss~oner Campbell moved that the City Manager and Dxrector of Public Works.be requested to study the possibility, of putting the pre- sent system xn shape: includ.tng the little plant xn the Park, and pre- pare a Report tha~ w~ll furnish the Counc. ila true.and complete pic- ture of the present sewerage system and xts cond.itlon, estimated cost of Repairs to the Park plant as well as the over all system, and to 202 D .CF a 8th, 958. further submit a recommendation as to the feasibility of levying a monthly or quarterly or possibly a.n annual tax against the users of the system, providing s.uch system is able to be.placed in operation. Motion seconded by Commxssioner Talbot and unanxmously approved. City Manager Lawson.referred to recent discussions concerni.ng condition of Sidewalks ~n need of repair, and advised the Council of an estimate of.cost, 'as provid.ed by the Dir.ector of Public Works, in the amount of $4,600. for repair of those s~dewalks in the worst con- d~t~on, many of'which were constructed in the boom. days, and an d~t~onal $4,500. for complete repair of all walks ~n the area pre- scribed. Commissioner Talbot moved that the matter be referred to the City Attorney for an opinion as to the advisability of the City sharing the cost, on a pro-rata basis with abutting property owners, and tabled until next meeting at which time the City Attorney shall sub- mit a report and recommendation. The City Manager informed t.he Council of having received the fol- .lowing BIDS for :maintenance p.av~ng in the area generally affected by Installation of storm sewers in the Seagate area: An estimated.quantity of 1900 tons of asphaltic concrete surface . course Type 2 to be laid to an average thickness of 1" after corn paction; Rubin Construction Co., $ 8,58 p,e,r ton Broward Asphalt Corp., 8.82 " Hardrives of Delray, Inc., 8.?0 " " Bert Boldt Contractor 9.~ " " Approximate Cost, if awarded to low bidder ........ $ 16,S00, On motion of Commissioner McNeece and seconded by Commissioner T.alb.ot, the C.ounc£1 unanimously approved placing of ~ont.ract for fur- n~sh~ng the C~ty with approximately 1900 tons of asp~altmc conc.rete surface course Type.-2 w~th the L~V BI.DDF~., and requested the C~ty Manager to proceed ~mmediately with thxs mprovement p~oject, the necessary funds to be provided from the Resurfacing ol Streets allot- ment. City Manager Lawson read the following proposal of ~nnexa%ion: ST. VINCENT FERRER'S CHURCH December 5h, 1958. We respectfully submit.for your consideration and decision the proposa.1 that the City limts of Delray Beach be extended ~o include the parish property of St. Vincent Ferrer'.s Church, locate~ between North East Seventh Street and North East E~ghth Street, an~ Palm Trail and North East Eighth Avenue. Sole title to this property is in the name of Joseph P. Hurley, as Bishop of the diocese of St. Augustine, who has given hi~ full consent to this request. A description of the above mentioned property is herewit~ enclosed. /S/ JOHN J. KELLAGHAN Pastor & Administrator On motion of Commissioner Campbell and seconded by Commissioner Talbo.t, the Council unanimously approved requesting the City Manager an~[ C~ty Attorney to take the necessary steps to provide for armexa- tion of the pari.sh property of St. Vincent Ferret's .Church in Delray Be%ch, more particularly described as follows; "Starting at the South Quarter corner of Section 9-.46-43, ~o north .along Quarter Section line of saxd Section 9 a dlstance of 1247.98 feet to point of beginning. From said P.O.B. go North DECEMBER 8th, 1958. 20~ along said Quarter S. ection line a distance of 498.57 feet to a point; thence easterly at an angle measured from North to East of 8.9 23' for a distance of 851,05 feet to a point; thence in a southerly direction at an angle measured from East to South of 96 24'24" for a distance of 501.7 feet to a point; thence Westerly at an angle measured from South to West of 83 $6'18" for a distance of 540.43 feet to the point of beginning, containing 6.49 acres more or less. City Manager Lawson reminded the Council o.f the previously and tentatively approved proposed site for a NEW C~ty Hall and Jail, and of having received several requests from various architects who de- sire an oppo.rtunity, to be considered when the City decides to pro- teed with this pro~ect. On motion of Commissioner McNeece and seconded by Commissioner Campbell, the Council unanimously agreed to set aside next Monda.y as a day for visiting the Ft. Lauderdale, Pompano Beach and Pls~ntatlon municipalities for observation of their NEW City Halls and particu_- larly the architectur.e of each, to be accompanied by the City Mana get and as many Planning Board Members as possible, following which, the City Manager shall proceed immediately in taking the initial and necessary steps towards obtaining Plans for a NEW C~ty Hall to be lo cated on City owned property just north of the Central Fire Station, which plans shall also provide for a NEW Jail. The City Manager read the following letter: Dated 11/20/§8 "I should like to have you handle thru the proper channels my re- quest for abandonment of N.E. 8th Street, between Federal High- way and N.E. 8th Avenue. The street has never been opened to traffic, and I feel it is not needed as there is acces.s to Federal Highway over N. E. 4th Street and 7th, and I feel it is important to keep a buffer strip between Federal Highway and the abutting residential area on N.E. 7th Avenue. N.E. 6th Street can serve no purpose as it dead-ends at the alley east of N.E. 7th Avenue.. . My family own all the abutting property on the str~p I am asking be abandoned and returned ~o abutting owners." /S/ ANNIE HOFMAN, Agent for William Hofman and Clara Summerson. On motion of Commissioner McNeece and seconded by Commissioner Talbot, the Council unanimously approved denial of the request con- tained in letter of November 20th, 1958, from Miss Annie Hofman. City Manager Lawson read the following letter dated Nov 20, 1958. "I.n looking up records last week I noticed that the Czty o.f Delray owns most of Block 40. I own Lot 28 which ~s in the cen.ter of t.he block..I am asking $1,200. for it but zf the Czty wants it, I will take $1,000. I also o~n Lots 1, 2 and $, but thought you would want Lot 28 in as much as it is in the center." /S/ CARL POORBAUGH On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously approved referral of this matter to the Planning Board for study and reoomm.enda.tion, with notation to the Board that the Council favors such acquAsitzon. has again ~nqu~red .concern~n~ ~ils pvoposa~ of Ju~ 24th, 19S8 that the Cxty accep~ dedication of a pave4 st~p ~n Lot 1~ Block 1 of Sec tlon 21-46-48, ~hich mt~e~ ~s tabled by the Cocci1 at the A~ust 11%h mee%ing fo~ fu~the~ study. ~ motion of C?~ssione~ C~pbe11 and seconde~ by Co~ssione~ McNeece, the Co~c~l ~an~ously agree4 that the C~ty ~ger be ~e- quested to contact ~. O'Neal~ vequesti~ deaication of the South 25 feet of his p~operty in said BlocA 1 of Section Zl-46-43, for furze street right-of-way purpose, minly openi~ of S.E. 6th Street, east- ~rd f~om Swinton Avenue, no cost of such~ovement to be passed on to abutting property o~ers. The City ~ge~ then ~ead the following p~oposed Ordinance: O~ANCE NO. G-301. ~ ORDIN~CE OF T~ CITY OF DE~AY B~CH, FLORIDA, RE~TI~ TO THE BUILDING CODE; ~DING SECTION 9-1 OF T~ CODE OF ORDINANCES BY PROVID~G FOR A- ~ION OF 1957-1958 ~VISION OF T~ SO~HE~ STA~D BUILD~G CODE. BE IT OR~ED, by the City Co'oil of the City of ~lray Beach, Fla., SECTI~ 1. Section 9-1 of the Code of O~dinances of the City of Del- ~ay Beach, Florida, is ~ended to ~ead as follows: "~e 1957-19~8 Revision of the SO~H~N ST.~NDARD BUILD~G CODE be and the same is hereby adopted 9s the building code for the City of ~l~ay Beach, Florida." SECTION 2. ~is o~dinance only amends Section 9-1 as above p~ovided, and does not ~epeal, amend o~ alter a~ other p~ovision of Chapte~ 9 of said Code of O~di:~ces; specifically, in clarification, sub~ection 1 of Section 9 1 of the Code of Ordinances shall rma~ in full force and effect with the foregoing ~en~ent. PASSED AND A~PTED on the second and fill ~eading ~ _ ~ .19~. ~ motion of Co~ssioner McNeece and seconde~ by Co~ssioner Talbot, the Co.oil ~animously favored placi~ Ordi~nce No. G-301 om first re.ding. ~ere roll.ed the openi~ of a ~blic Hearing, as provided by Resolution No. 1156 ~d adve~tise~nt thereof, concevni~ construc- tion of Sto~ Drains in Section "0", as sho~ on the Storm ~ainage Syste~ S~vey File T.F. 1~8. Cxty ~nager ~wson then rea~ the following Eesolu~: ~SOL~ION NO. 1159. A RESOL~ION OF THE CITY COU~IL OF THE CITY OF DE~Y B~, FL~I~, A~ORIZING THE CITY ~AG~ TO PR~EED %~ETH THE CO~TRUC' TION OF STO~ ~INS IN SECTION "0" AS SHOV~ ON STO~ D~AGE S~V~ FILE T.F. 1868, T~ETH~ W~H ~STAL~TION OF CATCH BASINS, ~-HO~S ~ A~ NECESSARY APP~TENANC~ IN CON~CTION V~H SUCH STO~ D~INS. ~ motion of Co~ssioner Ca.bell ~ seconded by Co~issloner ~Neece, the Co.oil ~~ously approved adoption of Resolution No, 1159, on this first and final readi~, and in view of the absence of any objections to_suc~ ~pr?vement, requested the City ~ger.to p~oceed ~ediately w~th saxd Sto~ Drain ~nstallation in Section ~ motion of C~issioner McNeece and seconded by C~ssioner Talbot, the Co~cil approved pa~ent of Bills in the ~o~t of $28, 332. $9, as submitted by the City Manager, subject to the approval of the Finance Committee. C~ty Manager Lawson then read the following 'Reports' from the Plannzng Board: 1. "After confer.ence with. Dr: Charlesworth, preside.nt of the Delray Beach Recreatzon Association, the Planning & ZonznE Board ask that the City Commission, in accordance with the resolution passed at our joint meeting of Dec. Srd pertaining to the acquisition of land around Lake Ida, determine immediately if such acquisition is possible. We also recommend that the commission consider that funds now earmarked for a new city .hall were derived from the Golf Course, a public recreationa.1 facllit.y, a.nd divert the same to and use them for new recreational facilities." /S/ ANDREW L. FABENS, Chairman The Council requested the City Manager to arrange a meeting with the County Commission for discussion concerning acquisition of land in the Lake Ida area. 2. RE: Fill around houses. (~ir. Lipscomb) "Mr. Lipscomb submitted his letter of Nov. 6th to the City Commis- sion entitled; "Restrictions on filling in of building lots to elevations higher than elevations of adjacent property." This was referred to our board for study. Our board recommends that this be referred to the Director of Public %~orks as an engineering matter outside the matter of zoning." /S/ ANDRPfJ L. FABENS Chairman On motion of Commissioner Campbell and seconded by Commissioner Talbot, the Council unanimously agreed on referral of this matter to the Director of Public Works and the City Attorney for study and recom- mendation. 3. RE: Overall Planning Contract. We recommend that the city complete the attached contract with Mr~ George W. Simons Jr., as consultant on preparing a comprehensive plan. Also we recommend the city take immediate steps to secure a full · time Planning and zoning Director in order that he might work with Simons and later carry out the plan and assume other appropriate duties. /S/ ANDREW L. FABENS Chairman Following a general discussion of the proposed 'Agreement', ap- proved by the City Attorney as to form, and a City employed assistant .to Mr. Simons, the Planning & Zoning Consultant, motion by Commission- er Campbell, seconded by Commissioner McNeece, received unanimous a- greement of the Council for execution.of the "Agreement" providing for retaining the services of George W. Sxmons Jr., to formulate a Compre- hensiveDevelopment Plan of Delray Beach, Florida, in accordance with plans outlined and contained therein, and, further, that the City Manager be requested.to provide for a re-valuation of an assistant to the Director of Public ~orks, contemplated being employed, who would be qualified, by possessing planning and engineering experience, to act as aide to Mr. Szmons zn the over all program in order that the Council may, at all times, be in a position to be properly and com- pletely advised as to progress of the program, and further that upon completion of the 'Agreement' and serwces of Mr. Simons, said City employee will be in a position to step in and follow through with the plan to the best interests of'the City. DECEMBER 8th, 1958. City ~anager Lawson then reviewe~ a request for permission~ to move a frame house from Lot 8, Blk. 104 to Lot 10, Block "A" We.~dide B~ei~ta Beir~ advised that required number of 'Notices' to surrounding pr. operty owners had been mailed and NO OBJECTIONS received, Commis- sioner McNeece moved that permit be granted for such removal and re- location. Lotion seconded by Commissioner Talbot and unanimously passed. On motion of Commissioner Talbot and seconded by. Commissioner t~cNeece, the Council approved for payment the followxng Bills for legal services - HARRY T. NE~/~ETT For Legal Services rendered in prosecuting case of City of Delray Beach vs..Mattie Par.tridge, in Municipal'Court - - - $ 50.00 (Resulted xn conviction and fine of HARRY T. N~.~?T For Legal Services rendered in settlement of claim vs. Peerless Insurance Company on bond for Seminole Construction Compan. y of Fort Lau~er~ale - - - - ~ $ 50~00 Tko City Manager then rea~ the followi~ letter: Dec. 4, 1958o "~ do hereby formally reque_st re-zonir~ on my prop.arty, described as the S~ of Lot 2, and all of Lot 3, Bloc~ 1, Sec. 21 46-43. l~v request is for re-zoning the East 180 ft of Lot 2~ an~ all of Lot $ from Ri~ to I would like to point out the fact tha~ there is commercial pro- perty to the north a.butting the railroad an.~ to the further fact that the c~ty owns approx?ately a.~ l'8'~ft square ~n the southeast corner of Lot 2, havi. n~ a pump.xn~ station o.n this property. There xs commercial property xn Lot 3 across the street from Klear Water .Company, containing approximately 6.81 ft abu%ting the railroad, approximately 250 ft in ~epth, an~ approximately 660 f~ on S~inton Avenue. On the east side of the railroad, you will find the Little League Ball ~ark and to the south and east si~e of the railroad, ~he Florida Power & Light. Company pole storage. ~herefore, we believe the only reasonable use of this lan~ is for limite~ commercial use. ~e also believe that .the property is.not ~esirable fo~ homes with a back yard facin~ the raxlr~ad tracks.wxth th.e result that it will not sell for a private dwelling. It w~ll remain vacant and create nothing but an awful lookin~ eye sore for the neighborhood. If your honorable body will re-zone the proper.fy .to C72, .I would be w~lling to erect for suitable tenants a type bu~ldln~ ~n l~ne with the rest of the neighborhood. This will improve the property and more taxes to the C~ty o~ Delray Beach. I am hop~n~ that we may re ceive a favorable answer. I am enclosiu~ my check in the amount of $15.00 representin~ the requ~r.ed fee in c.onnection with this request. Please advise my repre- sentst~ve in Florida of an~ action taken. ~v representative is Mr. Ben Adams, 146 North Federal Highway, Del. ray Beach, Florida. ~ /S/ VINCENT H. PALISANO On motion of Commissioner Talbot an~ seconded by Commissioner McNeece, the Council unanimously agreed.on ~eferral of this request to the ?lannin~ & Zonin~ Board for processing. Oity ~nager Lawson then rea~ the £ollo~ir~ Zoning charge reques~ fro~ Mr. Forrest V~. ~eaver, ~ated December 3rd, 1958: "The undersigned are the owners of the followin~ ~escribed proper- ty, to-wit: Lots $ and 8, NICHOLS FIRST ADDITION, according to a plat t~ereof ~egorded in the office of the Clerk of Circuit Co~t in and fo~ Pa~ Beach Co~ty, Fla., in Plat Book 21, page 69. These lots are currently zone~ for R~. You will note from the attached plats that there are several duplexes in this block. ~derstand that duplex lots are extremely scarce within the city lim- its of Delray Beach and that additional areas should be zoned for du- plex. I am fi~y convinced that the best use of my lots as well as the property s~ro~ding these lots could be ~de with duplex zcaing. I therefore officially request the Ci~ of De~ay Beach to re.-.~one the above described property to R-2 zoning. ~closed please find my check mn the amo~t of $18.00 to cover the cost of this Peques': as required by law. /S/ F0~ST ~V. ~f~V~ BESS D. 0n motion of Co~is~ioner Campbell and seconded by C~issioner NcNeece, the Co~cil ~nimously approved referral of this Zoning change requ?t to the Pla~ing & Zoni~ Board for proceSsi~ and r e c om~enda t 1 on. Co~ssigner C~pbell moved t~t all. expenses of the City.~nager in accompanying.the Co~cil Monday for wsits to and observatmon of N~ City Halls ~n Ft. ~uderdale, Pompano Beach and Plantation be . borne by the City. Motion seconded by Co~ssioner Talbot and ~an~- mously agreed. ~ motion of Co~issioneP Campbell and seconded by Co~ssioner Talbot, the Co~cil ~an~ously approved ~e attend~ce of City ~nager and ~s. V~. E. ~wson Jr.,at the Bethesda Memorial Hospital BALL on Janua~ ~th, Boca ~ton Club, as the Official Representatives of the City of DelPay Beach, with e~enses provided by the City. Co~ssioner Campbell moved, t~t Tax Assessor R. D. Worthing~be paid the s~ of $8,O~0.00 as compensation for extra services period- ed in the Re-appraisal and Re-valuation of all properties within the limits of the 0~ty of Delray Beach, Florida, fop Tax ~poses,.and to be effective January let, 1~88, provided for by prior Co~oxl at regular meeting held on ~y 20th, 1~8~, which has resulted in an ap- preciable increased and realistic Tax Roll Valuation.. Notion second- ed by Co~ssioner NcNeece and ~animously approved, providing the necessary f~ds from the Contingency Reserve. (See Amendment on P. 208) ~ motion of Co~issioner C~pbell and seconded by Co~issioner NcNeece, the Co~cil requested the City N,.nager to notify all.people concerned of the "L~ited Access" to N.W' Ath Street, as provided by the City Co~cil following its opening and s~facing, and to advise all viOlatOrs thereof t~t if such violations are continued and per- ~tted afte~ a two week period, the City will provide obstruction to such entrances and assess the cost therefor to the abutting property o~e r. ~ motion of C~issioner Talbot ~ seconSe~ by~Co~issioner ~c~eece~ the Co~czl ~animously ~p~ro~e~ sal~ o~ ~982. per month~ retroactive to ~ober ls~ 1958~ ~or ~, S~e~e Forsyth~ Aqua~ive Director, City ~nager ~son rea~ the ~ollo~ng letter ~rom Attorney F, Lilient~l; ~a~e~ December 4~h~ 1958. "~in~e ~he C~y ~oes no~ ~esire to take any ~urther aeti~ ~n this case I ~ ~ki~ the liberty, o~ sen~ng.z bill ~or servzces disb~sements whichI trust the City Co~ssioners will find satis- factory. DECEMBER ~ 8th, 1958. Regardless of the outcome, which was of course unfavorable, I feel that I did everthing that reasonably could have been done to de- fend the suit. M~ bill is based largely on a time basis for the time consumed in handling the matter. If there should be any dissatisfaction with the amount of the bill please let me know and I will be glad to discuss the matter with you and any of the City Eommissioners who may be interested. I received a letter.fr?m M~. Worthing, city Clerk, this morning, to the effect that Commmssloner Talbot had referred your recom~enda- rich, in line with my comment concerning set-back in C'l and areas, to the Planning Board for study and recommendation. I think it advisable that something appear in the minutes to the not to effect t~h~.t I have.been instructed ~.roceed with an appeal. The City owes $610.0.4 costs to. Saddle River Oak.s, .~.c., and I suggest that the Commission authorize ~ayment of this bill and sen.d a che.ck, ,ma. de payable to that corporation, to me for further handling. With kind personal regards to you and the members of the City Commission, I am /~/ HENRY F. LILI~THAL Commissioner McNeece moved that court costs of Saddle River Oaks, i.n .the amount of $610.04, be paid as recommended by Att 'y. .Henry Llhenthal, also t. hat payment of 'the balance due Att'y. Lillenthal, in the amount of $1,355.94 be paid, and that the Attorney .be advised that the City of Delray Beach does not desire to proceed with any ap- peal. Motion seconded by Commissioner Campbell and unanimously ap- proved. MEETING ADJOURNED: R. D. WORTHING ........ city ciera" APPROVED: JANUARY 5th, i959. AMENDMENT TO MINUTES OF DECEMBER 8th, 1958. Commissioner Campbell requested that his motion providing compensation to R. D. Worthing for re-valuation of all properties within the corporate limits of the City of Delray Beach be amended to incorporate the following portion of his motion which was in- advertently omitted Eherefrom, namely, "That the above named individual also receive the heart felt thanks of the City Council for his re-valuation of all taxable properties and for a Job well done" . Agreed by Cemmissioner McNeece who seconded the original motion and approved by the Council. R. D. WORTHING City Clerk APPROVED: MAYOR~ ~