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01-11-55
213 JANUARY 11, 1955 A Regular Meeting of the ~ity Commission of the City of Delray Beach was held in the Commission Chambers at 2:30 f.M. with Mayor W. J. Snow in the Chair, City Manager W. n. Lawson, City Attorney Nell MacMillan, and the following Commissioners present: Glenn B. Sundy, W Cottingham Allen, and Catherine E. Strong, and Emory J. Barrow, a quorum being present. An opening prayer was delivered by Rev. Arthur Charlesworth. Minutes of the meeting of January 3rd were approved as corrected, upon ration of Commissioner Strong, seconded by Commissioner Allen and u~nimously carried. Mayor Snow submitted the follow~g Boards and Committees for 1955: FINANCIAL ADVISORY COMMITTEE PALM BEACH CO. RESOURCES DEVELO PME~ BOARD Charles A. Crane, Chairman Calvin W. Garner Ralph Priesmeyer Rhea Whitley John hender son Calvin ~. Garner FINANCE COMMITTEE ELECTRIC EXAMINING BOARD Catherine E. Strong W. Cottingham Allen Ralph Hughson, Elec Inspector Glenn Sundy C.''. Trieste, Elec Engineer Arthur Wortham, Rep of FP&L GOLF C©MMITTEE Matt Gracey Chi e f John G rego ry Fred McNeece, Chairman Richard Hanna B. C. Butler Emory Barrow, Ex-Officio Warren Grim~ s Glenn B. Sundy, Ex-Officio PLUMB ING Dick Wilson 4. H. DaCamara Wm. Totte~dale, Inspector Ralph E4uutsen, Master Plumber CIVIL SERVICE BOARD Dr. M.E. Buerke, Physician Wuentin Bishop, Journeyman ~lmb ". ' J.C. Keen, Chairman James J. Priest, Master Plumber ..~ John H. Breze King Cone YOUTh R~CREaTION · Marie Williams Joe ~utnn (replaced b~y Mrs. Ena McFee, Chairman Tommy N FortJ T.L. Jackson James L. Love Jr. ' PLANNING BOARD Wm. C. Mizelle Harry Friberg Robt. F. Blake, Chairman Catherine Strong, ~x-Officio .Wm. C. Burton Col. A.L. Fabens SWIMMING COMMITTEE Kenneth Jacobson James I. Sinks Mrs. w.C. alien, Chairman W.E. Lawson Jr. Mrs. Paul Speicher W.J. Snow, Ex-Officio Mrs. Edw. ~cherer Mrs. J.W. Doherty TENNIS CO~ITTEE Mr. Edw. Scherer Persf~c~ Fr~zer, Chairman CODE BOARD (Temporary) Dr. E.M. Farber Jack Morgan King Cone Joe Sante Sam Ogren Walter Seymour Chief Gregory John Moore Chas. Trieste Ralph ~ughson, ~. Cottingham Allen, ~ick Hanna Ex-offic io Ex-Officio Sam Ogren Jr. Mr. La~son submitted bids for replacement of two trucks used ~M~UA ~Y ll, 1955 in the Sanitation Division, as follows: Adams Chevrolet '4, 830. O0 Earl Wallace Ford 5,475.32 Bev Smith, W.F.B. 4,455. O0 Commissioner Strong made a motion that we accept the low bid, pro- vSded it is a new truck that has not been driven to Delray Beach from the factory. Motion seconded by Commissioner Sundy and unanimously carried. City Manager to investigate this matter. Commissioner Sandy made a motion that we accept the recom- mendation of the GoLf Committee to accept the offer of Robert Glass to pay $250.00 for the old clubhouse and remove same by January 22nd, 1955. Seconded by Commissioner Allen and unanimous- ly carried. Commissioner Allen made a motion that the City Manager be authorized to make necessary repairs to the Scout Hut, using funds at his disposal for this purpose and requesting additional funds from the Commission if needed. Seconded by Commissioner Barrow and unanimously carried. Commissioner Sandy made a motion, seconded by Commissioner Strong, that in regard to the name of NE 2nd Avenue being changed to Seacrest Blvd., that it be referred to the Planning Board. Carried unanimously. The City Manager read the following Ordinance on its second reading: O~DINANCE NO. G-197 AN Oi~DINANCE OF THE CITY COUNCIL OF THE CITY OF DE~,HAY BEACtI AMEN1)ING CIiAPTER V OF TIiE CITY CODE OF THE CITY OF DELBAY BEACH, BY PiiOVIDING FOR QUALIFYING ltOUli DEADLINE FOR PRIMARY E~I,ECTIONS. BE IT Oi[DIINED BY THE CITY COUNCIL OF THE CITY OF DELI[AY BEACH, P~0~IDA, AS FOLLOWS: Section 1: That the following Section be added to Chapter V of the City Code of the City of Delray Beach, Florida, to wit: "SECTION 9: All candidates qualifying for the primary election as hereinabove provided in Section 3, shall qualify on or before the hour of 5:00 P.M." Section 2: All ordinances or parts of ordinances in conflict"~herewith are hereby repealed. PASSED in Hegular Session on second and final reading on this eleventh day of January, 1955. ATTEST: /Sf R. D. Vorthing /s/ W. J. Sno~ C itY Clerk Mayor 1st Reading: Dec. 28, 1954 2nd i/eading: Jan. llth 1955 PASSED & ADOPTED: Jan. llth 1955 JANUAHY 11, 1955 Commissioner Strong moved that the Ordinance be passed on this, the second and final reading, and Commissioner Sundy seconded the motion which was unanimously carried. The City Hanager read the following Ordinance: O~DINANCE NO. G-198 ~N ORDINANCE OF TIlE CITY COUNCIL OF Tti~ CITY OF DELKAY BEACH, PLACING CERTAIN PROPERTY LYING WEST OF THE SEABOARD ~AILiiOAD AND SOOTH OF ATLANTIC AVENUE IN "MA~UFACTU~INFI AND INDUSTi{IAL DISTi[ICT". BE IT O~DAINED BY Tf~ CITY COUNCIL OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That the following described property in the City of Delray'~'each, Florida, is hereby placed in "~L~NUFACTUalNG ~ND INDUS'h~IAL DISTilICT~ as defined by Chapter XX of the City Code of the City of Delray Beach, Florida, to wit: of NE~ That part of the Si of ~½ of N~/of SE-~, lying South of Delray Road (State doad No. 806) and the ~ of SW-~ of NE~ of SE~, being in Section 18, Township 46 South, ~ange 43 East. Section 2: The City Building Inspector shall, upon the effective date of this ordinance, make the necessary change in coloring on the Official Zoning Map of the City of Delray Beach, Florida, to conform with this ordinance. PASSED in Megular Session on second and final readin~7 on this the llth day of Januaryt 1958. A~TEST: /.s/ ~. D. Worthin~ /s/ W. J. Snow City Clerk Mayor (SE~U) 1st ttEADING: Dec. 28t 1954 2nd ~d~ADING: Jan llth 1955 PASS, ED & ADOPTED: Jan ll th 1955 Commissioner Allen moved that the Ordinance be passed on this, the second and final reading, seconded by Commissioner Strong and unanimously carried. The City Manager read the following Ordinance: o/iDINANCE No. G-199 AN O~DINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, Pi(OVIDiNG MINIMUM FLOOR LEVELS ON ~ESIDENTIAL PaOPkRTY, IN T~E CITY OF DELI[AY BEACH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY 8EACI1, FLORIDA, AS FOLLOWS: Section 1: That all concrete and masonry floor levels shall be a minimum of fourteen (14) inches above the crown of the street immediately in front of the property under construction. JANUARY 11, 1955 Section 2: That all wood framing and wood floors shall have a minimum of eighteen (18) inches clearance between the ground level and the bottom of any portion of the framing. Section 3: Vhere no permanent paving exists in front of the property, the City Engineer shall establish the street grade for the purpose of determining the minimum floor levels. Section 4: This ordinance shall pertain to residential construction only~ Secti~)n 5: All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. PASSED IN Regular Session on second and final reading on this llth day of January~ 1955. ATTEST: /s/ a. D. Vorthin~ /s/ W. J. Snow City '~lerk Mayor 1st i~eading: Dee. 28~ 1954 2nd Reading: Jan. lltht 1955 PASSED & ADOPTED: Jan. llth~ 1955 Commissioner Sundy moved that the Ordinance be passed on this, the second and final reading, seconded by Commissioner Allen and unanimously carried. City Manager Lawson read the following desolution: A ~ESOLUTIuN DECLARING C~tTAIN LA~NDS IN THE CITY OF DELftAY BEACtI, FLOttIDA, TO CONSTITUTE A NUISANCE 1N VIOLATION OF ORDINANCE G-147. Commissioner Strong recommended that this ltesolution be tabled until the City Manager can submit a plan to the Commission that would be suitable for the entire city that would provide an over- all plan rather than spot clearance, and that such a plan be submitted not later than the Regular Heeting to be held on February 8th, 1955. Seconded by Commissioner Allen and unani- mously carried. The City ~lanager submitted reports from the Planning Board as follows: on the request of Helville F. Riley Jr., for rezoning Lots 23 and 24, Block 2, Ocean Park S/D, from Hotel & Apartment to Limited ~usiness, the Planning Board recency, ended that this request be denied. Commissioner Sundy made a motion that we accept the Planning Board's recommendation, seconded by Commissioner Allen and unanimously carried. On the request for deviation of set-back r~quirements for cer- tain Lots in Blocks 1 thru 6, Northridge S/D, the Board recom- mended that the front line set-back be modified to thirty (30) feet throughout the sub-division, and that further deviations be accorded as follovs: Lots 4 & 10, Blk 4: 20' set-back from sou~hiline 15' set-back from side streets Lots 1 & 12, Blk 6: 20' set-back from north line 15' set-back from side streets JANUarY 11, 1955 Upon motion of Commissioner Allen, seconded by Commissioner Sundy, it was moved that the Commission accept the recommendation of the Planning Board. Unanimously carried. A motion was made by Commissioner Allen, seconded by Commissioner Barrow, that the Commission accept the recomr.enda- tion of the Planning Board to deny the request for set-back deviation on Lot 17, Block 92. A motion was made by Commissioner Allen, seconded by Commissioner Strong and unanimously carried to accept the recom- mendation of the Planning Board outlined as follows, on the re- quest of W. C. Burton for set-back deviation on North Ocean Blvd. (a) That the request for a front set-back deviation be denied. (b) That the minimum front set-back for all zoning classifica- tions fronting on Ocean Blvd., along the length of the Public Beach, be estqblimhed as twenty-five (25) feet west of the original Brockway Line, designated as a line to serve in the place of the West Boundary Line of Ocean Blvd., as recorded on a Plat recorded in Plat Book 20, p.4, Palm Beach County Records, regardless of any later or other "west boundary lines". (c) That side yard set-backs be established as follows: Business Zone None (Unchanged) Hotel Zone 10 ft from each side Apartment Zone 10 ft from each side aesidence Zone Unchanged (d) That an Engineering Survey be made of the Public Beach front- age of Ocean Blvd., to provide data and drawings in order to show existing beach and paving conditions, and existing buildine set- backs, with reference to the Original Brockway Line. The City Hanager will handle this survey. Commissioner Strong made a motion that the City Attorney be instructed to draft an ordinance providing a minimum set-back of 25 feet on business properties fronting on Ocean Blvd. Seconded by Commissioner Sundy and unanimously carried. Upon motion of Commissioner Allen, seconded by Commissioner Strong, the 6ity Attorney was instructed to draft an ordinance which will implement the balance of the Planning Board's recom- mendations as approved and accepted by the Commission. Commis- sioners Strong, Allen and Barrow voted in favor of the motion, Commissioner Sundy opposed. Commissioner Allen moved that Bills, in the amount of $51,343.87, be paid, subject to the approval of the Finance Committee. Seconded by Commissioner Sundy and unanimously carried. Commissioner Sundy made a motion that the application of Stanley & Dankert, for an "Off Premises Consumption" Beer & Wine License in connection with a Grocery Store at 1133 E. Atlantic Avenue, be approved. Commissioners Sundy, Barrow and Allen voted in favor of the motion, Commissioner Strong opposed. Commissioner Sundy moved that the American Legion Post No. 188 be granted permission to hold a carnival during the week commencing January 17th, 19~5, under the jurisdiction and super- vision of Police Chief ii. C. Croft, and, as in the past, waive the License fee. A deposit to be made, which will be refunded when grounds have been cleaned up satisfactorily to the Chief of Police. ~otion seconded by Commissioner Strong and unanimously carried. JANUARY 11, 1955 City Manager Lawson read a letter from Thomas Edwards regarding the up-grading from Residential "B" to Residential "A", and minimum requirements be increased to 850 square feet on the Jefferson }lanor S/D. Co~raissioner Sandy made a motion, seconded by Commissioner Allen that this matter be referred to the Planning Board. Unanimously carried. Con~nissioner Allen moved that the Plat of Breezy ~idge Estates, as submitted and approved by the Planning Board, be approved. Seconded by Commissioner Barrow and unanimously carried. Winston keys made inquiry regarding NW llth Avenue street repair and w§s advised by the City }ianager that this project is on the priority list and will be done'as soon as possible. With reference to Commis~ioner Strong's request concern- ing the press box at the foot-ball field on NW 1st Avenue, City Manager Lawson advised that this would be painted as soon as possible. Commissioner Strong expressed her desire for the City Attorney to draft a petition for the creation of a "Beach Park District" for Vistrict Four, and was advised by Nr. MacNillan that it would be ready at the next meeting. Commissioner Strong brought up the matter previously mentioned by Mrs. Alma K. ~oehle, that there is much danger present on N.E. Second Avenue in Front of the A & P Store beca,~se of the fact that cars on the sidewalks obstruct the view and cause parking hazard. The City Manager advised that he and Police Chief Croft have arranged, following a survey of the sit,~ati_on, that NO P,~KING signs be made and installed pro- hibiting parking on the sidewalks and driveways. negarding Com~.issioner Sundy's inquiry, Police Chief Croft advised that he is having painted two reflector type signs to be used at Second Avenue and 8th Street. At the request of Commissioner Strong, the City Manager agreed to contact the Unive.-sity of Miami and try and arrange for tLeir Traffic Survey group to effect a study of traffic conditions in l}elray Beach. A letter Ct'om the Niami Beach Kennel Club was read by Commissioner Strong, where, in they stated that they would honor the ~ity of Delray Beach on the radio, January 17th, 1955. Commissioner Allen suggested tl~t Commissioner Strong and Doyle }~organ, Mgr. Chamber of Commerce, handle this matter. Commis- sioner Strong accepted. Commissioner Allen made a motion that Funds be appro- priated to cover the expense of City Attorney Nell }lac}iillan , for services rendered in the case of City vs Dodd - ~15.00. Seconded by Commissioner Sandy and unanimously carried. Col. Wright commended the Fire Department on their timely services recently in answe~:ing a call and extinguishing a fire in the elapsed time eight minutes. 219 J~UA~Y ll · 19D5 A motion by Commissioner Strong that those sidewalks on city property which are in poor condition w~,uld be removed by the city providing the abutting property o~ners would install new sidewalks in accordance with city specifications, was seconded by Commissioner Allen and unanimously carried. The meeting tk. en adjourned. APP~O VED: ATTEST: ~iayor City Clerk 220 JANU>~ItY 12Ttt, 1955. A Special Meeting of the City commission of the ~ity of Delray Beach, was held in the Con~nisslon ~hambers at 2:30 with Mayor Snow in the Chair, City Manager 14. E. Lawson Jr., City Attorney Neil MacMillan, and the following Com, issioners present: Emory J. Barrow, Catherine E. Strong, Glenn B. Sundy and 14. Cottingham Allen. The ~layor stated that this meeting was called for the pur- pose of considering the Traffic problem and that the Planning Board Members had been invited to express their opinions on this subject matter. The Chief of Police, R. C. Croft, was also in- vited to attend and express his views and results of study garding the traffic situation, with particular reference to the expediting of moving traffic. Colonel Fabens stated that no particul~.r study of this matter had been made by the Planning Board, but that he thought at least two minor factors were the SE 3rd Avenue and Atlantic Avenue intersection problem and that there appeared to be too much non-parking area in front of filling stations on Atlantic Avenue. Hr. Kem, eth Jacobsen advised that there are many factors to be considered in attempting to arrive at a solution o£ the traffic problem, principally a careful study and traffic count of the various arteries such as 1st and 2nd Streets, both north and south as well as Atlantic Avenue. Hr. ~. C. Burton thought that Parking Lots wight render some relief in abolishing parking on Atlantic Avenue, and to also eliminate left-hand turns. Chief of Police Croft stated that he had been studying this matter for about three years and with Hr. Harry McKean be- ing in accord, thought that traffic on Atlantic Avenue from Federal Highway to Swinton Avenue being held to 14est-Bound traffic only, permitting parking parallel to curb, with East- Bound traffic only on N.E. 1st Street from Swinton Avenue to Federal Highway might be the solution. The Chief of Police, however, recommended a TrAffic Committee be established to handle the study of traffic and submit a recommendation there- from. The City Manager stated ~hat, in his opinion, the recom- mendation of Chief Croft would be beneficial for the present, but that an over-all survey should be made and then action to be taken based on the result of such survey. Commissioner Allen recomrended that the suggestion of the Chief of Police be put ihto effect and to later consider the advisability of a round the year operation based upon the findings and recommendations of a traffic co~ittee. ~. C. Burton suggested that possible traffic light co- ordination instead of the present progressive set-up might greatly help the problem. Hr. Jacobson stated that Members of the Planning Board had assembled early one morning during the past year to observe the traffic situation, and all agreed that angular parking and permitted left turns resulted in a most undesir- able and detrimental parking problem. Commissioner Allen moved that one-l/ay Traffic - BOUND - on Atlantic Avenue, from Federal Highway to Swinton Avenue, be installed as soon as the Chief of Police can have