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12-13-55 DECE~fBER 13th, 1955. A Regular Meeting of the City Commission of the City of Delray Beach, was held in the Commission Chambers at 2:30 P. M., with Mayor W. J. Snow in the Chair, City Manager W. E. Lawson Jr., City Attorney Nell MacMillan and the Following Commission Members being oresent; Empty J. Barrow, Catherine E. Strong, Glenn B. Sundy and W. Cottingham Allen, the full Commission being present. An opening ~rayer was delivered by Rev. Arthur W. Rich. Commissioner Allen moved that the minutes of the November 22nd, 25th, December 5th and 6th meetings be approved as written. Motion was seconded by Commissioner Sundy and unanimously carried. Attorney Rhea Whitley, representing the owner of the West 90 feet of the North Ha. If of Ocean Beach Lot 20 and the improvements thereon, requested clarification from the Commission, relative to a slight deviation in location of the improvement thereon which has existed For many years and which was considered by the owner to create a possible cloud upon the title. Commissioner Sundy moved that the City Manager be authorized to advise the owner of the Orooerty aforementioned, by letter, that the City of Oelray Beach would take no action nor exception to the existing deviation from set-back requirements as concerns the pre- sent improvement local, ed on the above described land, and said dev- iation therefore, as exists, shall not cause any c}oUd upon the title to said property. Motion was seconded by Commissianer Barrow and un- animously carried. City Manager Lawson then read a Request and Consent by Owners to the City of ])elray Beach, Florida, relative to their desire for annexation of certain lands described therein into the corporate limits of the City of Delray Beach. The City Manager then read Ordinance No. 6-221. ORDINANCE G-221. AN ORDINANCE OF THE CITY CO~fISSION OF THE CITY OF DELRAY BEACH, PAL~I BEACIt COUNTY, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, TIlE FOLLOW- ING DESCRIBED TRACT i~R PARCEL OF lAND LOCATED IN PALM BEACH COUNTY, FH)RIDA, AND LYING CONTIGUOUS TO THE CITY OF HELRAY BEACH, TO WIT: THE ~tST OUARTE~ (E¼) OF MODEL LAND CO~U~ANY'S LOT 4, SEC- TION 8, TOWNStIIP 46 SOUTH, RANGE 43 EAST, PALM B~tCH COUNTY, FLOHIDA, ACCORDING TO THE PLAT SHOWING TIlE SUBDIVISION (IF SECTION 8, TO~.~NSHIP 46 SOUTH, RANGE 43 EAST, ON FILE IN THE OFFICE OF TI/E CLERK OF THE CIRCUIT CO(RRT IN AND FOR PALM BFACtt COUNTY, FLORIDA, RECORDED IN PLAT BOOK I, PAGE 4, AND PROVIDING SAID PROPERTY SHALL NOT BE S~BJECT TO EXISTING BONDEI} INDEBT~ 9~DNESS OF ~tE CITY OF DELRAY BEAC!t, FLORIDA, AND PROVIDING FOR TAXATION OF SA~E. Commissioner Sandy moved that Ordinance No. G-221 be placed on First reading. Motion was seconded by Commissioner Barrow and un- animously carried. The merchants along S. E. 3rd Avenue between Atlantic Avenue and 1st Street protested the 'NO LEFT TURN" sign,.at S. E. 3rd Avenue and Atlantic on the grounds that it created a hardship upon them through loss of business due to potential customers being unable to reach their places of business throug~ normal traffic channels. Commissioner Strong discussed this matter with the City Manager and Police Chief who concurred with the merchants and then moved that the "NO LEFT TURN" Sign at Atlantic and S. E. 3rd Avenues be removed. Convuissiener barrow seconded the motion which was unanimously carrieq. DECEMBER 13th, 1955. The City Manager then read the following BIDS received for a 1/2 ton pick-up truck and body to be used by both the Water Depart- ment and Public Works department: Earl Wallace Ford (truck) 1260.00 Adams Chevorlet 1430.00 DeBolic Truck Equipment Co. 497.00 "HEADING BODY" Tom Wood Truck Co. 530.90 "POWERS BOI)Y" Commissioner Barrow moved for purchase of the Ford Truck with Reading Body awarding contract to the low bidder. Motion was second- ed by Commissioner Strong and unanimously carried. Commissioner Strong moved that the City Manager advertise for bids covering the construction of a SID~TWALK on the East side of Swinton Avenue, from S. E. 4th Street southward to 10th Street and that the cost thereof be shared by the City and abutting property owners on the Basis incorporated in the Policy established by the Commission on June 14th, 1955, at a regular meeting. Motion was seconded by Commissioner Allen and unanimous].y carried. Commissioner Sundy moved for aDproval of the "Wellbrock Plat" for a sub-division between N. E. 7th and 8th Bvenues and 2nd and 3rd Streets subject to said Plat providing for compliance with the re- commendation of the Planning Board dated. SeDtember 22nd, 1955. Motion was seconded by Commissioner Allen and unanimously carried. The City Manager nresented a Plat submitted by R. C. Lawson for a S/D of part of Lots 4 and 5, Block E, Palm Beach Shore Acres, and upon motion by Commissioner Barrow, duly seconded by Commission- er Strong and unanimously carried, was referred to the Planning Board/Zoning Commission for study and recommendation. Commissioner Strong moved thnt street name "PAL~{ STREET" running southward From At.l.a~f~jc Avenue, between Blocks 125 and 123 (otherwise known as ,alm Square and Rinker Square) to S. E. 1st Street, be changed to ~Palm Square". Motion was seconded by Commissioner Allen and unanimously carried. The assessment roll for paving parts of S. E. Second Avenue dated October 27th, 1952, included an assessment against "That ~art of Block 86 lying West of the F. E. C. }iR." based upon an alleged front footage of 575 feet, this measurement having shown on the records of the Tax Office for many yea~-s. A contemplated purchase and sale of this narcel of land caused a recent survey thereof to be made by authorized and registered Engineers and Surveyors - "E. Slliott Gross & AssoCiates'. This survey disclosed the Westerly line of said irregular parcel of land to be only 407.88 feet. Due to the aforementioned error in front Footage there was an over-assessment of ,~290.24 which had recently been paid by the property o~ner together with 8~ interest thereon amounting to $72.17. Commissioner .Barrow moved that the City of Delray Beach make REFUND to the current owner and payor of the assessment lien for amount paid in error due to over-assessment, and amounting to ~362.41. Motion was seconded by Commissioner Strong and unanimously carried. The City Manager then read Ordinance G-225. ORDINANCE G-225. AN ORDINANCE OF T~!E CITY OF DELRAY BD~ACH, FLORIDA, AMENDING PORTIONS OF Tile SOUTHERN STANI)ARD BUILDING CODE AS Al)OPTED IN SECTION 9-1, OF THE CODE OF ORDINANCES OF TIlE CITY OF DELRAY BEACH, FLOttlDA. DECEMBER 13th, 1955. BE IT ORDAINED BY THS CITY CO~ISSI¢)N OF TidE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Certain sections of the Southern Standard Buidling Code as adopted by Section 9-1 of the Code of Ordinances of the City of Delray Beach, Florida, is amended, corrected and added to as indicated in tile attached schedule which is made a bart of this ordinance. Section 2. All ordinances or parts of ordinances in ~-~Flict'~herewith be, and the same are hereby repealed. Passed and adopted unanimously in Regular Session on second and Final reading an this 13th day of December, 1955. (S AL) /s/ w. Snow Mayor ATTEST: /S/ R. D. Worthing City Clerk 1st Reading November 22, 1955 2nd Reading December 13, 1955 PASSED A~) ADOPTED December 13, 1955. Commissioner Strong moved that Ordinance G-225 be adopted on second and final reading. Motion was seconded by Co~muissioner Sundy and unanimously carried. An assessment roll for the clearing, grading and paving of N. E. 2nd Avenue between Atlantic Avenue and 2nd Street was approved by the City Commission in regular session on November 22nd, 1955, and duly advertised wherein December 13th, 1955~ at 2:30 P.M., at the regular meeting of the City Commission, was provided For the purpose of holding a regular ~ublic hearing thereon. There being no objections expressed or presented relative to the Foregoing assessment roll, the City Manager read Ordinance G-227. ORDINANCE G-227. AN ORDINANCE OF TIlE CITY COmmISSION LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY TIlE CITY MANAGER OF SAID CITY, CONCERNING THE CLEARING, GRADING AND PAVING OF N. E. SECO~) AVENUE BETWEEN ATLANTIC AVENUE, AND N. E. ~ND STHEET TO A WIDTH OF (40) FEET. Commissioner ~undy then moved that Ordinance G-227 be nlaced on First reading. Motion was seconded by Commissioner Barrow and unanimously csrried. There Followed considerable discussion relative to the drainage problem in the Southern section o£ Seagate, allegedly due to higher elevation of a recently created sub-division im- mediately south thereof. Mrs. Lucy Helm expressed concern over the possible assessment of property owners in Seagate For any proposed drainage inasmuch as she paid For and Drovided adequate drainage For that area at the time of developing that section and said drainage installation has proven satisfactory up to the time of the higher elevation aforementioned. DECEMBER 13%h, 1955. Commissioner Allen moved that the Planning Board be in- structed to adopt, a policy providing For the control of periphery drainage in any sub-division and that the City Manager be instructed to investigate the "Seagate Extension" (Totterdale Sub-Division) to ascertain if all conditions and requirements have been met, particul- arly as pertains to drainage. Motion was seconded by Commissioner Strong and unanimously carried. City Manager Lawson then submitt, ed the Assessment Roll for clearing, grading and paving S. W. 6th Avenue from Atlantic Ave- nue to 3rd Street. Commissioner Strong moved that said Assessment Roll be aonroved as submitted and be duly advertised in accordance with the Charter of the City of Delray Beach. Motion was seconded by Comm- issioner Barrow and unanimously carried. ,TMe City Manager then submitted the Assessment Roll for clearing, grading and paving N. W. 2nd Avenue between G.~ove Way and 15th Street. Commissioner Strong moved that said assessment roll be apqroved as submitted and be duly advertised. Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Strong moved for approval of the Plan for a CBS Store Building on West Atlantic Avenue to be constructed on Lot 6 in Block 29, as submitted by Freddie Monroe. Motion was sec- onded by Commissioner Barrow and unanimo:~sly carried. The City Manager was instructed to investigate the Policy of other Florida Cities relative to Sale of City owned Cemetery Lots to City Employees at an adjusted price. Commissioner Sundy moved that Bills, in the amount of ~73,913.91, be .naid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Strong moved that the Annual Meeting of the City Commission, customarily held on the first Monday in.January, be held on Tuesday, January 3rd, 1956, in the Commission Chambers, City Hall, at 7:30 P. M. The City Attorney agreed to justification of this change. Commissioner Barrow moved that all City Employees be granted one day's pay as a"Christmas Bonus". Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Strong moved, that the request for "Water" to a proposed SHOPPING CENTER in the N. W.¼ of the SW¼ of the SW¼ of Section 4~ Twp. 46S, Rge. 43E~ contiguous to the City of Delray Beach, be denied. Motion was seconded by Commissioner Barrow and unanimously carried. The Commission agreed that the developer of this pro- posed Center be urged to consider annexation to the City of Delray Be ~ eh. The City Manager presented BIDS from ])eMarce Tractor & Implement Co,, and Growers F, quipment Co., for a TRACTOR and ROTARY MOWER, amo~mting to $3,175.00 and $3,231.90 respectively. Commissioner Sundy moved that award be made to the low bidder. Motion was seconded by Commissioner Strong and unanimously c~rried. Commissioner Strong recommended that the City Manager con- tact the F.E.C.RR., in an effort to obtain change in location of the RH Station which due to its ~resent location causes serious traffic congestion, and ~2) That Seacrest Circle, as well as Swinton Circle be made "One-Way" traffic, and (3) Consider necessary steps to prohibit Dogs on the Beach, and (4) investigate ,resent hazard due to the park- ing Problem in fromt of Theatre on West Atlantic Avenue. Meeting Adjourned. /S/ ~ R. D. Worthing City Clerk