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02-25-57 FEBRUARY 25th, 1957. A Regular Meetin~ of the City Commission was held in the Com- mission Chambers at 7:30 P.M., with Hayor Warren in the ChaLr, City Hanager W. E. Lawson 3r., City Attorney Harry T. Newett and the follow- ing Commissioners Being present - R. J. Holland, Du~al G. Campbell, Catherine E. Strong and Martha K. Holland. An opening prayer was delivered By Catherine E. Str~n~. Com. issioner Campbell moved for approval of the ~inutes, as amended, covering the Meetings of February llth, 19th, and 21st. Motion seconded By Commissioner R. J. Holland and unani~ously carried. City ~anager W. E. Lawson informed the Col~ssion of havin~ discussed redistribution of City Funds with officials fr~m the National Bank and the Delray Beach National Bank. Ail parties con- cerned agreed that a redistribution of the City Funds is proper and would be most satisfac~ory, in view of which co-operativeness on the part of the bank officials, arrangements have been ~ade to transfer the cash accounts of the General Fund f~om the First National Bank to the Delray National Bank by April 1st, 1957. In addition to the above transfer of cash accounts, it is planned to withdraw the Time Deposits from the Boynton Beach State Bank for de- posit in the First National Bank of Delray Beach~ The City ~anager further advised that such redistribution would soon result in a substantial equality, of Cash Deposits in the First National Bank and the Delray Beach N~t~O~t~'Bank~lan~~als~:checks.;are Being designed so that expense distribution can be ~ade both to the check and the accounting records in one operation, thereby lessening operational cost within the City's accountin~ department. Commissioner Strong moved for the redistribution of City's ous Funds to the First National Bank and Del~ay Beach National Bank recolended by the City ~anager and outlined above. ~otlon was second- ed by Co~missioner ~. ~. Holland and unanimously carried. City ~ana~er Lawson submitted a list of properties (vacant lands) in violation of Section 15-5, as a result of a survey by the fire Chief. These lots, 116 in n~mBer, are within the area Bounded on the East by the Intracoastal Waterway, on the north By atlantic Aven~e, on the South By South-east Tenth Street and on the West by S. E. 4th Avenue for the three blocks Between lOth and 7th Streets and ~hen hy S. E. 5th ·venue for the remaining distance to Atlantic Avenue. Co~issioner Campbell ~oved that necessary steps be taken, in compliance with established procedure, for the Clearing of said Lots, which, By survey off the Fire Chief., appear to be in violation of Sec- tion 15-§ of Code of Ordinances, and, further, that all possible pub- licity Be given this matter i~ respect to property o~ners and as evi- dence of the City's desire and intent to continue with the Lot Clearing Program. ~otion seconded By Coneeissioner ~. ~o Holland and unanimously carried. The City ~anager informed the Commission of having conferred with Mr. Charles Senior of Florida Power & Light Company concerning ~ates for power to Be furnished Teen-Town Swiping Pool, current consumption not being known, for de~and, at the Beginning of said Pool use° The Manager further stated that a very satisfactory arrangement had been tentatively agreed upon, and a st mdard large power agreement, ing this usage, has been drawn up and is ready for signature, said agreement providing a lower cost rate retroactive to November 3rd, 1956, resulting in a very satisfactory reduction in cost of electric current° Commissioner Stron~ moved to authorize the City ~lanager to exe- cute the Standard Power Agreement, with Florida Power & Light Company, For the fu~nishing of Electric Current to the ~een-Town Swimming Pool, as agreed upon in his discussion with Mr. Senior, local ~ianager of Florida Power & Light Company. ~otion was seconded by Commissioner Campbell and unanimously carried. FEBRUARY 25th, 1957. City Hanager Lawson read a request from Hr. Cliff Baker~ on behalf of Hr. Herbert S. Neilsen, owner of a tract of land adjoining, and to the south of, Hr. George Talbot's lot in Block 1, Osceola Park, wherein Hr. Neilsen' is applying for a deviation set-hack of 30 feet from the Easterly line of an existing 20 foot easement. Commissioner R. J. Holland moved that said Beviation Application be referred to the Planning/Zoning Board for study and recommendation. Hotion seconded by Coaissioner Campbell and unanimously carried. City Hanager Lawson read a letter, dated February 13th, from the Seacrest Hotel, with reference'to parqcing and individual signs placed by private property owners, and requesting permission for continuance of this privilege. Reference was made in said letter to the effect that shortage of beach parking was due, in part, to construction em- ployees at the Hanor House using much of the parking places which was denied by the Chief of Police upon inquiry from ComissiOner Campbell. Commissioner Campbell moved for denial of this request and~ any similar ~etition inasmuch as the Public should have full use of, and access to, the Beach and its parking ~rovisions, in accordance with terms and conditions of Ocean Beach and Ocean Road dedications and grant by the original land owners. Hotion was seconded by Commission- er R. J. Holland and unanimously carried. Commissioner Campbell further moved that all such signs, placed by private interests and indicating restricted use of parking and beach privileges on Ocean Road (A-t-A) east of the Brockway line and lands lying east thereof in the Fractional East Half of Section 16-46-43, as per plat filed in the office of the Clerk of Circuit Court on October 27, 1899, be removed as may now exist or hecome~ at any later time, to exist. Hotion seconded by Comissioner R'. J. Holland and unanimously carried. Hr. E. L. 8chmidt, owner of property in the Lake Ida Hanor area, addressed the Commission, stating that several months prior to the awarding of Contract for construction of the County Road extending westward fr~m N. W. 4th Street, he and Hr. Wm. Yount called at the City Hall, conferring with the then City Engineer and a. Plann- ing Board Hember, both of whom, unofficially, gave them to u~derstand that N. W. 4th Street would be a buffer or very limited access road, but that indications now appear to act otherwise. Hr. Schmidt, Hr. Yount, Hr. John W. Alling and Hr. J. C. Freeland, residents and pro- perty owners in the general area affected, request relief From the apparent excessive access to N. W. 4th Street, further stating that future City expansion in this valuable area depends on definite limitation of access to th~s ri~ht-of-way. The City Hanager read a letter, just recieved, from the Plann- ing Board, dated February 20th as follows: "The City Co~mission, Delray Beach, Fla. RE: Intended use of N.W. 4th From the days of the Planning Association which proceeded the establishment of the City Planning Co~ission, ~any sketches were made and letters written to the City, boosting the idea of a limited-access road starting at S~inton Avenue and serving the north-western area. Ou~ reco2mendation of April 2, 1954 on the needs of City streets recommended its constr~ction. In 1955, we wrote as follows: 'A limited access through traffic way is strongly favored for the futtu~e development of this section, being an extension of N. Wo 4th Street, slanted to pass somewhat north of this sub-division, to effect a junction ~ith the proposed highway Route ~ 9o The area below this tension is projected as a quiet residential district where posi- tive steps would be taken to restrict traffic flow, and where the continuation of the grid system of streets south of it would be avo id ed. ' 43 FEBRUAHY 25th, 1957, In our letter of Sept. 10, 1955, we said the proposed road "Will bring into the city traffic not only from the proposed de- velopment west of the lake, but additional residential and farm- to-market traffic from a large area served by Hilitary Trail." This board believes that private drives into the road will be undesirable and that entrances to the road should be limited to those have very indirect access to city streets. Respectfully submitted, PIANNING & ZONING BOAHD /Si~ned/ Andrew L. Fabe~s, Chm.~ wherein the opinion of said Board, at various times dattn~ back to April 8th, 1954, concerning access to N. W. 4th Street was expressed. Commissioner ~ampboll, inquiring of Planning Board Chairnmn A. L. Fabens as to whether the Board had in mind limited access to said street, was informed that many years ago the Board had felt that streets, parallel to N. W. 4th Street would handle the local traffic, thereby leaving N. W. 4th Street to be a very limited access ~oad. Commissioner R. J. Holland moved that this matter be referred to the Planning/Zoning Board with a specific request for further study as well as assembling all information pertaining thereto and bringing same up to date, and incorporating, in its report thereon, the most feasible use for N. W. 4th Street, reco~nizln& its relation- ship to the future development of the lands adjacent as well as those to the West° Hotion was seconded by Commissioner Campbell and unani- mously carried° Hr. J. C. Freeland, of Lake Terrace, Chevy Chase S/D, mentioned that there was some traffic from the south, coming into Chevy Chase over dirt roads which was disturbing to many property o~ners in that subdivision, all of whom hoped that such traffic might be eliminated or controlled. Commissioner Campbell moved that, until the "Report" is forth- coming from the Planning Board, as requested in the previous motion, for consideration by the Commission, the Road Contractors be re- quested to block off all access to said N. W. 4th Street except 4th Avenue. Hotion was seconded by Commissioner H. K. Holland and upon Call of Roll - Commissioners Campbell, H. K. Holland, R. J. Holland and Hayer Warren voted in favor thereof, Commissioner Stron~ being opposed. City Hanager Lawson read a letter fr~m the Roads & Highways Committee of the Chamber of Commerce , as follows: "February 18, 1957 Delray Beach City Commission Delray Beach, Florida Gentlemen: Following a close study of traffic congestion in Delr~y Beach by my committee, the Roads and Highways Committee of the Chamber Commerce, we have concluded that the traffic report that was prepared by Haurice H. Connell & Assoc., Inc., during the year 1955 made many recommendations that would help Solve this con- gestion problem. T~o or three of their recommendations have already been put into effect. We recommend that you consider the other recommendations and put them into effect as soon as possible. We have studied their re~ort closely and we feel that their commendations will have an invnediate effect in relieving the pre- sent traffic congestion. Yours Truly, (Si~ned) Ralph D~ Priesmeyer, Chm, Roads & Highways Committme FEBRUARY 25 th, 1957. wherein the Committee urged that certain recommendations, contained in a traffic report prepared by Hau~ice H. Connel & Assoc., Inc., du~ing 1955, be considered and placed in effect as soon as possible. The Nanager further read a copy of a letter sent by said Roads & Highways Committee to the Palm Beach County Commission, as follows: "February 18, 1957 Gentlemen: As a committee of Delray citizens interested in our road net-work as one of our ~ost vital assets, we make the following requests: 1o That immediate steps be taken to establish the Delray West Road as a Primary State Road. 2. That Palm Beach County proceed immediately with the acquisition off adequate right-of-way along this road to allow for its fou~-laning from Delray Beach to the Sunshine State Parkway. 3. That the County Commission enlist the aid of our State Legislators, the Turnpike Authority, and the State Road Depratment toward the accomplishment of the above and toward the goal of an attractive fou~-laned feeder route from the Turnpike eastward to Delray Beach and other South County areas which this road severs. We Believe that this project, along ~rlth the completion of the U. S. ~ 1. improvements, ranks as a top priority pro- ject for the southern Oortion of Palm Beach County; you may count on the support of this Chamber group in the ~develop- ment of the project. Very truly yours, (Si~ned) Ralph D. Priesmeyer, Chin." relative to establishment of Delray West Road as a Primary State ROad. Com2issioner Campbell, inquiring if Delray West Road had been established as a feeder route Between the turn-pike and Delray Beach, was advised by the City Hanager that no factual information to this effect had Been received, however, it was generally tmderstood, from available informtion, that such is the intention. Con~uissioner Campbell moved that the City Attorney be instruct- ed to prepare a Bill, providing for establishing Delray West Road as a Primary State Road, for presentation at the Legislative Clinic to be Held on Hatch 1st, and further, that a letter Be sent to the Roads and Highways Co2mittee of the Chamber of Commerce, endorsing that Com~ittee's letter of February 18th, addressed to the Palm Beach Co,mty Commission. Notion was seconded by Commissioner Holland and unanimously carried. The City Hanager advised of having received a petition from property owners in Block 121 requesting the opening of a north- south alley therein, but that no established policy appears of re- cord concerning alley opening nor construction. The petition was signed by only a portion off the abutting property owners of a part of the block. The request was tabled until the next regular meeting at which time the Hanager agreed to have recomended plans and specification for construction of alleys as well as a proposed policy relating thereto. 45 FEBHUAHY 25 th, 1957. City Hanager Lawson presented the offer of $. T. Carroll to purchase Lot 7, Block 87, presently owned by the City of Delray Beach. Commissioner Strong moved that this matter be referred to the Planning Board requesting said Board to seriously consider playtime possibilities For children at some late date, or any other possible use, by the City, for this small parcel of land approximating 2970 square feet, as well as consideration by Tom Boyce, Recreational Director, for future need in recreational activities. Hotion sec- onded by Comissioner R. J. Holland and unanimously carried. The City Hanager then read Ordinance Nol G-244. ORDINANCE 6-244 {dg ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLORIDA AHENDING AND CLARIFYING SECTION 29-7.2 OF THE DELHAY BEACH CODE TO PERHIT CAH RENTAL AGENCIES IN LIMITED COMMERCIAL DISTRICT° BE IT ORDAINED by the City Council of the City of Delray Beach, as follows: SECTION 1. That Section 29-7.2 of the De]ray Beach Code be and the same is hereby amended and clarified to permit the use of land and improvements ~rlthln any C-1 Limited Com- mercial District for a Car Rental Agency, provided such bus- iness shall not have any facilities for processin~, servicing or repair (garage) of said automobiles thereupon. PASSED in Regular Session on second and final reading on this 25th Day of February, 1957o /S/ George V. Warren (SEAL) Hayor ATTEST: /S/ R. D. ~orthin$ City Clerk First Reading Feb. 11, 1957 Second Reading Feb. 25, 1957 PASSED - Feb. 25, 1957 Commissioner Str~ng moved that Ordinance No. G-244 be passed and adopted on this the second and final reading. ~otion was seconded by Commissioner H. K. Holland and unaniemusly carried. City Hanager Lawson then read Ordinance No. G-245o ORDINANCE G-245. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLORIDA, LOCATING AND ESTABLISHING THE CENTERLINE OF NORTH- WEST 4th STREET IN SAID CITY, AND FIXING SET BACK REQUIREMENTS FOR BUILDING AND IMPROVEMENTS ON SAID STREET. FEBRUARY 25th, 1957. ~HEREAS, the Planning Board of the City of Delray Beach, Florida has dete~lned and recomzended that in the construction, relocating and.widening of Northwest 4th Street, running fr~m. Swinton Avenue in said City west to the Corporate Limits, it will be necessary and required that an 80-foot minimu~ ~ight-of-~ay.be obtained, and that the cen~erline thereof should be established and centered upon and coincide with the section l~ne between Sections S and 17, in Township 48 South, Range 43 East~ and WHEHFAS, the. City Council of the City of Delray Beach,Florida deems it for the Best interest and health, welfare and safety of the citizens of this City that setback requirements be fixed for the construction of buildings and other ~provements adjacent to said Street. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delvay Beach, Florida as follows: SECTION 1. That the centerline of Northwest 4th Street in Delray Beach, running fr~m Swinton Avenue in said City west to the corporate limits, be and the same is hereby located, Fixed, relocated and established to center upon and coincide with the section line between Sections $ and 17 in Township 4~ South, Range 43 East, irrespective of present paving or improvements, for that portion of said Street lying between the centerline of Swinton Avenue and the centerline of Northwest 4th Avenue, and thence from the centerline of said Northwest 4th Avenue west to the corporate limits to coincide with the centerline of Northwest 4th Street as shown upon that certain plat prepared by Brockway, Weber and Brockway, dated September, 1955 entitled 'Proposed Boulevard through South Half of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida," being File No. TF-1565-A, a copy of which is attached hereto and made a part hereof. SECTION 2. That the setback distance for the construction and erection of buildings and lmprovmsents from the centerl~ne of said Northwest 4th Street, as hereinabove located and establish- ed, beginning at Swinton Avenue and running west to the City Limits, be and the same is hereby fixed at a distance of sixty-five (65) feet north and south thereof, respectively. SECTION 3. That any buildings, improvements or facilities now existing adjacent to said Northwest 4th Street which are located within distances less than the above specified set-back be and the same are hereby classified as non-conforming uses, and if any such existing building~is hereafter extended, con- vetted, reconstructed or remodeled so as to change the location of, or alter, any bearing wall, such alterations and reconstruc~ tion shall be made to conform to the above and foregoing set- back requirements. SECTION 4. That the building inspector is hereby desi~nated and authorized to enforce this ordinance, and he shall in no case grant any pe~it For the construction or alteration of any build- ing or grant any certificate of occupancy in respect to any build- in& where the proposed construction, alteration or use thereof would be in violation of the provisions hereof. Any person, firm or corporation violating any of the provisions of this ordinance, upon conviction thereof, shall be punished by a fine not exceed- ing $500.00 or by imprisonment For a period not exceeding ninety (90) days, or by both such fine and imprisonmmt, in the discretion of the Hunicipal Court. SECTION 5. This ordinance shall repeal any ordinance or ordiRances, or part or parts thereof in conflict herewith. FEBRUARY 25th, 1957. PASSED in Regular Session on second and final reading on this 25th day of February, 1957. ISl. George V. l~arren (SEAL) ATTEST: /s/ R. D. orthins City Clerk First Reading February 11, 1957 Second Reading February 25, 1957 PASSED February 25, 1957. Commissioner R, 3, Holland moved that Ordinance No. G-245 be passed and adopted on this the second and final reading. Hotion was seconded by Commissioner Campbell and unanimously carried. The City N~nager then read Ordinance No. G-246. ORDINANCE G-246. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING AND LI~fITING THE HOURS FOR BUILDING CONSTRUCTION IN SAID CITY, AND PROVIDING PENALTIES FOR THE VIOLATION T~EREOF. WHEREAS, there is annually an influx of visitors to the City of Delray Beach, Florida during the period from December 1 of each year through April 30 of the following year; and WHEHEAS, the construction and erections of buildings and other improvements dur/ng said period, by reason of the greater intensity in population, causes discomfort and endangers the health and safety of the citizens and visitors of this City because of the vibrations, noises, shaking and Jarring emitting f~om such operatiens; and WHEHEAS, the City Council of the City of Delray Beach, Florida deems it for the best interest and health, welfare and safety of the citizens of this City that such construction and building be regulated, and the hours for pursuit of said busi- ness be limited as hereinafter set forth. NOW, THEREFOHE, BE IT ORDAINED by the City Council off the City of Delray Beach, Florida as follows: SECTION 1. No construction or building of.any type causing vibrations, noises, shaking or Jarring to be emitted therefrom shall be carried on or performed ~rlthin the City of Delray Beach, Florida except between the hours from 8:00 o'clock Ao H. to 5:00 o'clock P. H. on Honday through Saturday of each week during the period from December 1 of each year to April 30 of the following year. SECTION 2. Any person, firm or corporation engaging in such construction or building between the hours of 5:00 o'clock P. H. of one day and 8:00 o'clock A. H. of the following day and between 5:00 o'clock P. Ho Saturday and 8:00 o'clock A° H. of the follo~rlng Honday during said period From December 1 to April 30 as aforesaid, unless the same be emergency work, shall be punished by a Fine not exceeding Two hundred fifty ($250.00) Dollars in the discretion off the Hunicioal Court. FEBRUAH¥ 25th, 1957. SECTION 3. Any ordinance or ordinances, or part or parts of any ordinance in conflict herewith are hereby repealed. PASSED in Regular Session on second and final reading on this 25th day of February, 1957. /S/ George ¥. Warren Hayor (SEAL) ATTEST: /s/,R. D. Worthing City Clerk First Reading Feb. 11, 1957 Second Reading Feb. 25, 1957 PASSED Feb. 25, 1957. Commissioner Strong moved that Ordinance No. 6-246 be passed and adopted on this the second and final reading. Hotion was se- conded by Commissioner Campbell and unanimously carried. City Hanager Lawson then read Resolution No. 1041. P~OLUTION NO. 1041. RE~OLUTION OF THE CITY CONHISSION OF THE OITY OF DEI21AY BEACH, FLORIDA, FOR PROCUHE- HENT OF GYHNASIU~ FOR CAHVEH HIGH SCHOOL. WHEHEAS, Carver High School in the City of Delray Beach, florida is not lacking in gymnasium facilities for its students; and WHEREAS, the City Commission deems it to the best interests of the City that such facilities be provided at the earliest practicable opportunity. NOW, THEREFOHE, BE IT RESOLVED by the City Com- mission of the City of Delray Beach, Florida as follows: 1. That the City Commission of the City of Delray Beach, Florida does hereby recommend and strongly urge the Board of Public Instruction of Palm Beach County, Florida to immediately consider the need of said Carver High School for such gymnasium, and to thereupon give the matter of pro- viding such facilities a first priority in /ts future plann- - lng. 2. That a copy of this Resolution be furnished to the Board of Public Instruction of Palm Beach County, Fla. ADOPTED by the City Comnission of the City of Delray Beach, Florida in Regular Session this 25th day of February, 1957. /S/ George v. arren Hayor (SEAL) ATTEST: R. D. Worthing City Clerk FEBRUARY 25, 1957. Coamissioner R. J. Holland moved that Resolution No. 1041 be passed and adopted on first and final reading. Hotion was seconded by Com~issioner Strong and unani~ously carried. The, City Hanager then presented the following Reports from the Plan- ning/Zoning Board: 1.. Request of T. H. OtNeal for cha?~e in zoning for part of Hodel Land Cots. Lot 1, Block 1, ofS/D of Section 21-46-43, lying west of the F.E.C.RRo and 164 feet east of Swinton Avenue. This item had been tabled at the last regular meeting, for further study. Attty. J. W. Nowlin, speaking on behalf of Hr. OtNeal, mentioned that this area had always been zoned for business until the receflt over-all Zoning Hap was cre~ted, at which time, through error, it became zoned R-I-A, and that its proxi~ty to the Railroad, especially on the west side, which, due to prevailing winds, receives the smoke, dust and fu~es f~om the HR, and is therefore only suitable for busi- ness zoned purposes. Attty. Nowlin Further stated that, in his o- pinion, if this strip of land ever became developed for residence, it would be of the poorest grade and undesirable as a residential area. Co2missioner R. J. Holland moved that the request of Hr. O~Neal, for re-zoning the above described tract of land from H-I-A to C-2,be granted. Hotion was seconded by Commissioner H. K. Holland voted in Favor thereof, Com~lssioners Dugal G. Campbell, Catherine E. Strong and H~yor George Warren being opposed. Hotion did not carry. 2. The City Hanager read a letter from Paul S. Knowles, Chairman of the Industrial Committee of the Chamber of Commerce as follows: 'February 15, 1957 Delray Beach City Comission Del~ay Beach, Florida As a result of considerable study by the Industrial Com- mittee off the Delray Beach Chamber of Commerce, we submit ,the folloeing to you for your consideration: In preparation for the expansion and growth of industry in the Delray Beach area, it is our belief that it behoves the City of Del~ay Beach to set the pace for this important growth by making available for sale city owned property in ~Co3' zoned areas to desirable industries that are inte~ ested in moving to Delray Beach. There is presently no expression of policy in this regard from the City, and it is the feeling of otw co~mittee that with such a policy a more sound expansion viii ultimately take place in this area. We will be pleased to have members of the Chamber of Com- merce Industrial Co~ittee on hand at the next City Council meeting should the Council have any questions regarding the activities of the committee. Yours very truly, (Signed) Paul S. Knowles, Chin. Industrial Co.mit tee~ conce~nin~ the Comaittee~s recommendation relative to avail- ability of city owned land (by sale) for a paper products manufacturing company desiring to locate in this area, said lands being in the NE quarter of the SE quarter of Section 18-46-43, and lying east of the S.A.L. HR., and the Planning Board's a~roval of such action. Hr. Knowles again stated 5O FEBRUARY 25th, 1957. his belief that this company's p~oposal is certainly worth serious consideration in the desired expansion and g~owth of industry in. the Delray Beach area, if, investigation finds the activities to in compliance with all city regulations. Commissioner Campbell moved that said lands be ~ade available for sale to such an industry if all of its functi&ne, upon investi- gation, are found to be desirable and in compliance.with all lations of the City Code; if its use meets requirements of C-3 Zoning and all city Ordinances; price to be established and based on present worth; that the intended use is made definite,; and its needed fa- cilities will not be a burden to the city to supply. 9otion seconded by Commissioner Strong and unanimously carried. 3. RE: Rezoning of Beach Lots 29 & 30, as requested in two petitions received from Byrd & Whitley - Tabled at the last meeting. The Plann, in, g Board, while recommending denial of this request due to 'only two (2) lots being involved, suggests that hearings might be held to take in all of the ocean frontage f~om Schulson Street to Causarina Road o Commissioner Campbell moved to deny the request, as recommended by the Planning Board. Hotion seconded by Commissioner R. J. Holland and unanimously carried. Commissioner Campbell further moved that the Planning-Zoning Board be instructed to take the ne~®ssary steps providing a Public Hearing for Re-zoning, from R-l-AA to R-3, Ocean Front Lots from centerline of Shulson Street to Causarina Road. Hotion seconded by Commissioner R. J. Holland and unanimously carried. The City Hanager infformed the Commission that the Special As- sessment Cash Balance as of February 15th, 1957 was ~28,075.51, and when augmented by the authorized Budget Transfer of }25,000. provides a total of $53,075.51. Comissioner Strong moved that the City ~anager be requested to prepare an estimate of cost for the improvement of N. E. 2nd Street between Federal Highway and 2nd Avenue, for consideration at the next regular meeting. ~otion seconded by Colissioner Campbell and unanimously carried. City Hanager Lawson advised of comparisons, now being made, current water rates for various East Coast Florida ~unicipalities with the ~ate schedules recommended in the latest Smith & Gillespie Report, as some errors had been~ detected in said report and further study of its contents and recommendations were thought advisable due to a wide variance in percentage of increase for water consumption rates being shown, and therefore had not as yet installed new rates in Delray Beach. It was agreed that the matter should be tabled and the City Hanager was requested to arrange for the presence of a Smith & Gillespie representative to review and further advise the Com- mission concerning recommended increase in water consumption rates. The City Manager informed the-Commission that plans and speci- fications had been prepared for Construction of S. W. 12th Avenue from Atlantic Avenue to Second Street and that bids, for this im- provement, will be received on March 8th and should be available for Council consideration at the next meeting. City Hanager Lawson stated that he had received a petition for opening, grading and paving N. ~. 14th Avenue from Atlantic Avenue to Second Street and which was signed by 71~ of the abutting property owners. The Commission requested that this matter be tabled pending further study of the City's financial situation. 5¸1 FEBRUARY 25th, 1957. City Attorney Harry Newett advised that he hopes to have the previously requested Jitney 0~dlnance prepared and available for Council approval at the next meeting, having delayed its prepar- ation while making the experience ef other municipalities which ap- pears to be very little in actual Jitney Operation. The City Hanager presented Bills, For approval, amounting to $51,121.31. Commissioner Strong moved that said Bills be paid sub- ject to the approval of the Finance Com~ittee. Hotion seconded by Co~missioner H. K. Holland and unanimously carried. The Commission was reminded by the City Hanager of its obli- gation to sit as a Board of Equalization of Taxe~ on the ascend Hon- day in Hatch, that being Harsh llth, 1957, in accordance with Section 87 of the City Charter, who further stated that legal notices, to the public, relative thereto had been provided. Commissioner Campbell moved that the City Attorney be instructed to prepare an Ordinance providing for the Control of undesirable and excessive noise caused by trucks on the Streets and particularly on Federal Highway, as well as requiring Trucks, hauling sand, gravel or rock, to provide a tarpaulin covering. Hotion seconded by Conmlssion- er Strong and upon Call of Roll - Commissioners Campbell and StrOh& voted in favor thereof, Commissioners H. J. Holland, H, K. Holland and Hayor Warren being opposed. Attty. Arthur Holloway, speaking in behalf of the W. J. Snow Construction Company, advised of having received NO payment of Hock furnished in connection with Road Building on N. W. 13th Avenue to Jefferson-Hanor S/D, contracted for by Thomas J. Edwards, the hal developer, and requested per~ission to remove the Rock, or if denied such permit, the Attorney suggested that the City take over completion of the Road and allow the Snow Construction Company to recover for nmterial fu~nished to date. The Commission agreed that the request should not be considered by the Commission in view of action taken at the Special Meeting held on February 21st, per minutes thereof, effectin& a "status quo" in the Commission's belief that the settlement of various liens and contro- versial problems rests between the individual contractors, tradesmen and vendors and the Dada-Commonwealth ~ortgage Company. City Attty. Harry Newett read a petition from Dade-Com~onwealth Hortgage Company requesting certain considerations concerning Water Supply to the Jefferson-Hanor S/D and acceptance of an Indemnity Agree- ment relating thereto. The City Attorney further advised the Commis- sion that he saw no reason for not maintaining the present position as declared at the meeting held on February 21st, and referred to in the preceding paragraph. Mr. Ro M. Sadowski, of Dada-Commonwealth, expressed the willing- ness of Dada~Commonwealth to indemnify the City against loss if the City would take over the Water distribution project and accept an al- leged Howard Lee Cromer suit. Dada-Commonwealth is only interested in the completion of the ten (10) units now under construction. Commissioner Campbell reminded the Commission of the recent ac- tion by the City Kanager and Police Chief, concerning removal of pipe on N. W. 13th Avenue, and particularly the position taken by the City Commission at the meeting of February 21st, referred to above, which position should be maintained as declared, to which the Commission agreed. Commissioner R. J. Holland moved that the petition of Hobart Cameron, requesting a zoning change on Lots 1-7 lncl, Block 3, South- ridge S/D, again be referred to the Planning/Zoning Board for study and review. Motion was seconded by Commissioner M. ~. Holland and upon Call of Roll - Commissioners R. J. Holland, H. K. Holland and Hayor ~arren voted in favor thereof, Commissioner Strong bain& opposed and Commissioner Campbell abstaining. Hotlon Carried. FEBRUARY 25t]~, 1957. Commissioner Strong requested that the Financial Informtion Board in the Commission Chambers be brought up to date. City Ha. nager Lawson read a letter, dated February 25th, from the Planning/Zoning Board informing the Commission that a Public Hearing on various Zoning change petitions is scheduled to be held at 4:00 P.M., Friday, on March 1st, 1957, as follows: ~)fr. GAmes asks the rezoning on Seabreeze Avenue or'his home and vacant lots to the south from R-I-AA to Mr. Carper asks rezoning of his land two blocks north of the Seaboard HRo station on the west side of proposed State Road 9. Mr~ Cason and )/rs. Brown ask rezoning of two lots at the Southeast corner of S. E. 5th Avenue and S. E. 4th Street. Florida Power & Light Co. asks rezonin& of lots abbutting;. their service area at So E. 10th Street and F.E.C. HR. Permission for location of public school in Zone 1 in the southeastema quarter off the city. Proposal by City Commission to extend C-2 business zone southward along S. W. 5th Avenue to S. W. 3rd Street.e A revised plat of Tropic Isle Trading Center, previously quested, was presented by John D. Ringle, Vice-Pres. of Tidewater Development Co., which plat, the Commission agreed, should be re-' ferred to the Planning Board for approval and recommendat~0ns con-. corning revisions thereon. City Manager Lawson read a letter of appreciation from the ~omants Club for the co-operation of the City Commission in con- nection with the Cooking Forum recently held by the ~omans Club. Commissioner Campbell moved that the City Attorney be strutted to provide for the validation of Tropic Isle Annexation Ordinances at the Legislative Clinic to be held March 1st at the City Hall. Motion was seconded by Commissioner Strong and unani- mously carried. Meeting adjourned. /S/ R. D. ~orthin~ City Clerk APPROVED: - MAYOR