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03-22-54 MARCH 22, 19~4 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Cha~mbers at 7:30 P.M. with Mayor Catherine E. Strong in the Chair, City Manager W. ~. Lawson, Jr., City Attorney Nail MacMillan, and the following Council members present: R. J. Holland, Mrs. Alma ~. Woehle,.Glenn ~. Sundy, and W. Cottingham Allen, a quorum being present. Mayor Strong introduced Mr. Lawson, the new City Manager of Delray Beach, and immediately after an opening prayer was delivered by Reverend W. E. Rowell. The minutes of the meeting held March 8 were presented for approval. Mrs. Noehle asked that a correction be made to show item (f) in.the request from the ~each Taxpayer's League to in- clude grassing on Atlantic Avenue. Upon motion of Councilman Alle~-, seconded by Councilman Holland, the minutes were approved with the above correction. Mr.~Gene Ennis addressed the Council, stating he had entered into contract with Mae Jones to construct four stores and later to construct apartments, on the east side of Seacrest Boulevard outside the city limits. Mr. Ennis stated that Mrs. Jones had requested him to arrange to buy city water for her property. Since the request would not affect the pressure in the north part of the city, Councilman Allen made a motion that the request be granted. Councilman Holland seconded the motion which carried unanimou sly. Commander Guy Stollenwerck addressed the Council stating he was interested in a new colored development on SW 14th Avenue consisting of 24 units, and presented a request for three street lights to be installed. Councilman Holland asked if there were any street lights there at the present time and Commander Stollen- werck advised no. Councilman Holland stated it was the policy to install lights on each corner, and recommended the request be referred to the City Manager for investigation and installation as he sees fit. City Manager I~awson explained to the Council that the two cars which were to be trade-ins on the new police cars could be retained for $125.00 each. He stated that Mr. Cook needed a car for Public Works and suggested keeping both the Ford and Fontiac. Councilman Sundy made a motion that the City keep both cars. Mrs. Woehle seconded the motion which carried unanimously. The Council then discussed changing the regular Council meeting time. Councilman Allen stated evening meetings work a hardship on the members and suggested meeting the second and fourth Tuesday of each month at 2:30 P.M. The City Attorney read the following Resoluti~: RESOLUTION N0. 920 ~HEREA$, it is deemed for the best interests of the City and for the public, the City employees and the City Councilmen, that the regular meetings of the Council be held during the normal working hours of the City. NO~, THEREFORE, BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, that the regular meetings of said Council be held henceforth at the hour of 2:30 P.M. on the second and fourth Tuesday of each and every month, the next regular meeting pursuant to said change to be held at the hour of 2:30 P.M. on the 13th day of April 1954. PASSED IN regular session this the 22nd day of March, 1954. SEAL /s/ Catherine E. Strong May or ATTEST: /s/R.D. Worthing City Clerk MARCH 22, 1954 Upon motion of Mrs. Woehle, seconded by Councilman Allen, the Resolution was adopted as read. The motion carried unanimously. Discussion followed on paving Northwest 2nd Avenue. The City Manager stated the property owners had agreed to have the work done and pay the cost without going through the Revolving Improvement procedure. He explained that the specifications for the work now in progress are very similar to those submitted by George Brockway engineer. Mrs..~oehle asked who would pay the cost of Mr. Brockway's plan. Attorney John Moore addressed the Council stating ~there should be no question as to the city being reimbursed for any obligations that had been incurred. City Manager Lawson advised the present speci~ications are in conformance with State Road Board specifications. Mrs. Woehle asked if the present specifications tie in with future street plans, and stated she knew of no reason for them to want to make the street 22 feet instead of 18 feet. Mr. Moore stated the present plan for the street only serves three people and should not call for more than 18 feet.. Upon motion of Councilman Holland, seconded by Councilman~ Allen and unanimously carried, the proposed street construction was accepted with the understanding that the property owners would pay the expense for the plans and specifications ~submitted by Mr. Brockway. The City Manager then read a report from the Planning Board regarding the request from Donald Elliott to install a petroleum storage plant. He stated the Building Inspector had checked the existing storage tanks in the City which are as follows: Howard Johnson 1000 g.al. tank Colony Hot el 432 " Seacrest Hotel 220 " " 8 1954 The City Council City Manager At a recent meet~.ng of the Flanning Board action was taken on two matters as noted below: 1. Donald Elliott request for bulk liquid petroleum plant by the FEC railroad. Existing City ordinances prohibit such storage, and planning authorities are in general agreement with these precautionary measures. The Board sees no valid reason for alter- ing the existing ordinance, and recommend that the request be denied. 2. Request for a special sign permit for Vallicourt Villas. It was felt that any relaxation of the city sigh - ordinance might prove a precedent for further relaxation and consequent unsightly accumulation of signs. The Board recommends no relaxation of the ordinance by special permits based on con- ditions which might set a precedent for a number of similar cases. Sincerel y, /s/ Robert F. Blake II Mr. Lawson stated the Fire Chief had also been contacted and was opposed to the gas storage, stating it would be a fire hazard and perhaps cause an increase in insurance ~ates for adjoining property owners. Mrs. Woehle made a motion that the Ordinance covering the storage of gasoline be upheld. Councilman Allen seconded the motion and upon call of roll the motion carried unanimously. Mr. MacMillan suggested sending a written notice of the MARCH 22, 19~4 Council's decision to Mr. Elliott. Mr. Hughson advised that Mr. ~lltott had been notified. Mr. Lawson suggested a traffic study be made before taking action on the request from N. ti. Deadrick for a traffic light at the corner of Swinton Avenue and Northeast 2nd Street. Mrs. Woehle made a motion that the request be referred to the City Manager for luther study. The motion was seconded by Councilman Allen and carried unanimously. Ozzie F. Youngblood addressed the Council with regard to a street light on Northwest ?th Avenue between ~orthwest 2n d and 3rd Streets, stating there are six families living in that area. The Council referred the request to the City Manager for study. The Conncil then discussed the request of Ozzie F. Young- blood for a rebate of a license to have a carnival sponsored by the American L, egicn. The carnival is to begin March 29th and continue through April 3d. Mr. Youngblood was a~ked to inquire as to the hours the carnival would be held and the type of concession, and to ad- vise the City Manager. Councilman Allen made a ~otion that the request be granted, subject to ~he s~pervision of the City Manager and Chief of Police. Councilman Sundy seconded the motion which carried unanimous ly. Mr. Lawson read a letter from A. R. Stlvester.with regard ~ to relief from storm drainage problems on Nassau Street. The Council referred the request to the City Manager for study and report. Mrs. Woehle suggested sending Mr. Stlvester a notice that action would be taken on the request. Mr. Lawson advised he had talked to Mr. Silvester. A request from Mr. Ira Holloman for opening a portion of Northwest 7th Avenue between 1st and 2nd Streets was discussed. The City Manager explained that if the City opens a street, it is generally up to the City to maintain the street, and that one of th~ buildings is situated so that it encroaches on what would be the right-of-way. Mr. MacMillan stated that if there is no dedicated right- of-way the City would have tc get the right-of-way voluntarily from the property owner and if they will not sell, the City has to condemn the property. He stated that since it is a frame building, it could be moved. The CoUncil agreed to refer the request to the City Manager who should instruct Mr. Holloman the best procedure to obtain a right-of-way, and report back to the Council. Mr. Lawson then reported on a request from James J. Healey, for a portion of NW 2nd Avenue to be paved or turfed. Mr. Healey stated a grea~ deal of sand blows onto his porch and that two of the property owners had dedicated a 25 foot right-of-way to the City. Mayor Strong stated she thought the people should beautify the street themselves. After discussion, it was agreed the City would mow the property. The City~ Manager read a letter from the Plastrtdge Agency requesting copies of the resolution prepared for an official bank depository. Discussion followed as to naming several banks in order to obtain the best interest~on money deposited. Councilman Holland asked the City Attorney if it is legal to leave the Firemen's Pension Fund in the First Federal Savings and Loan Association. Mr. MacMillan advised the Attorney General ~d stated that the money should either be deposited or invested in Government Bonds. He explained that the City can name as many banks for depositories as they wish but do not have to use each one. He stated the City has to pass a resolution. 22, 1954 Councilman Sundy made a motion that the City Attorney prepare a resolution designating seven banks as depositories. The motion was seconded by Mrs. Woehle and carried unanimously. RESOLUTI ON NO. 919 WHEREAS, Section 76 of the City Charter of the City of Delray Beach requires~the Council to designate an official depository or depositories for funds of the City of Delray Beach, N0~~, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the following Banks are hereby designated as the officialdepositories for the City of Delray Beach: 1. First Nati~al Bank of Delray Beach Delray Beach, Florida 2. Irving Trust Company New ~ork, New York 3. Cha se Nationai ~ank New York, ~ew York 4. Harris Trust and Savings Bank Chicago, Illinois 5. Boynton Beach State Bank Boynton Beach, Florida 6.First National Bank in Palm Beaoh Palm Beach, Florida 7.Atlantic National Bank of West Palm~ Beach West Palm Beach, Florida and BE IT FURTHER RESOLVED THAT the City Clerk - City Treasurer of the City of Delray Beach, is hereby ordered to use the above named Banks as official depositories for all City monies received for deposit except in cases where the City Council may specifically direct otherwise. PASSED AND ADOPTED by the City~ Council of the City of Delray Beach, Florida, on this the 22nd day of H~r~h ~,~ A.D., 1954. /s/ Catherine Strong SEAL Mayo r ATTEST: /s/ R. D. ~orthing City Clerk The City Attorney reported on a case pending regarding Kay's Art Gallery, stating that Mr. Kimmel had objected to the license fee of $20.00 a day as being unreasonable. Mr. MacMillan defined the term "reasonable license fee" and obtained the amount of fees charged by the following Florida cities,: Lake Worth ~1000 year Fort Lauderdale ,500 year P. alm Beach 250 " Hollywood 500 " Miami Beach - ~1552.50 ~. Mrs. Woehle asked how long the auction gallery operates and Mr. MacMillan replied the time was the same as in other cities. MARCH 22, 1954 Mrs. Woehle stated that the fee was accepted when the license was first applied for and she saw no reason why there should be objections now. ayor Strong asked who sets the amount of the license fee and the City Attorney replied the City Council. Ma~or Strong asked if the Court in West PalmBeach could override a decision of the Delray Beach Council and the City Attorney replied yes. Mr. MacMillan further reported that the ordinance calls for a closing hc~r of ll:O0 P.M. and that the owner had requested extending the closing hour to 12:00 P.M. ~e also stated there is a Tagging provision which makes it necessary to identify each item as to gold content of jewelry, types of stones, etc. The ordinance prohibits the sale of jewelry after 6:00 P.M., except on conditional sales basis. Mr. MacMillan explained that Kayak-s Art Gallery does sell on a conditional contract basis. Mr. MacMillan suggested charging a fee by the day, with a maximum arno unt. Attorney George Mehlman, °representing Mr. Kimmel, addressed She Council explaining the conditional sales and the request for closing at 12:00 P.M. Councilman Sundy asked the attorney if there had been any suits against the company and Mr. Mehlman advised there had been one claim which was settled. Mr. Ben Adams addressed the Council and asked if auctioneers and employees of the gallery are bonded. Mr. MacMillan stated they have a ~5,000 bond on the company for protection of the public. Mr. Doyle Morgan, Manager of the Chamber of Commerce, asked if a person buys an item for ~l,000 and returns the item, if he would be refunded the entire amount of the purchase or would a percentage be kept by the gallery. Mr. Mehlman stated the entire a~ount would be refunded. Mr. MacMillan said he had been asked to get an opinion of the Council as to making an agreement ~d th Mr. Kimmel or con- tinuing the case in court. Mayor Strong asked that the Council table the matter until the next meeting. Bills were presented~for approval totalling ~26,345.82. Upon motion of Councilman Holland, seconded byCouncilman Sundy the bills were approved subject to the Finance Cozmuitte®. The motion carried unanimously. Mayor Strong suggested appointing City Manager Lawson as au ex-officio member of the Planning Board. Councilman Allen made a motioh to this effect and the motion was seconded by Councilman Holland end unanimously carried. Mayor Strong stated the Charter provides for condem~i~ng property if the owner if given twenty days notice. She suggested the Fire Chief and Building Inspector inspect the old building across the street from the City Hall and report back to the Council in writing. After thc report is received the City Manager was instructed to write the owner of the building, advising him of their decision. Mrs. ~oehle asked the Council what the policy was with regard to furnishing water and labor for ~arious subdivisions. She' stated the owners of the subdivisions are willing to plant trees and asked how far the city should go in taking care of them. After discussion as to the quantity of trees and water re- quired it was decided to table the matter for further study. The City Manager read the following report of the Planning Bo ard: 20 March 1954 The Honorable Mayor and City Council Delray Beach~~, Florida 1 54 Gent leman: The Planning Board/Zoning Commission has taken action on matters recently referred to us as follows: 1. Requests for building setback deviations by: (a) Mrs. Kavanaugh, 320 SE Fifth Avenue and (b) Mr. McDuffie, 602 SE Third Avenue. The ~$oard felt that these deviations would form a precedent for many similar cases resulting in the underminir~g of desirable restrictions now in force, and unanimously recom- mends tha~ both requests be denied, except that if the original - McDdffie permit included the addition as proposed, then the deviation should be granted in his case. 2. Petition for a street on SW Sixth Avenue R/W from Atlantic Avenue to SW 3rd Street. The Board recommends a minimum road, 16 ft. width, composed of 6" of rock, as available fr~m the County, compacted to 4", over sand fill, to provide a suitable finished grade and culvert drainage as established by engineering ~vice. 3. Wster standing at the intersection of Nm 2nd Street and N. Federal Highway. It is the understanding of the B~ard that this~situa- tion has been remedied. 4. Water standing at the northwest corner of Vista del Mar and Andrews Avenue. Discussion noted that similar trouble has occurred on other streets between Andrews Avenue and the Waterway, and that much of the trouble might be caused by a general settling of land over a wide area in this section. By unanimous vote the Bcard recommends that the City immediately cause an edwin earing survey to be made of the entire area from the Waterway to a sufficient distance east of Andrew, s Avenue and from Atlantic Avenue north to the City limits, with a view of installations of storm sewer drainage. 5. National Airlines request for a lease of Lots 20 through 24, Block 47 as a permanent heliport site. Discussion and study of the site indicates that the proposed location is a good choice, being removed from proximity to a playground and school grounds, and having ready access to the center of town along SE 2nd Street. The Board unanimously recommends that the request be granted. 6. The Board will shortly submit its recommendations on t~le following matters now under study: (a) Earl WalXace Ford Co. petition to vacate an alleyway. (b) Replat of part of Breezy Ridge Estates (c) Helm request for rezoning property in Seagate. Since re ly, /B/ Robert F. Olake C ha ir man MARCH 22, 1954 22 March ~954 Gentlemen: 1. The Planning Board has considered the request of the Earl Wallace Ford Company that the City vacate a 16 ft. alley between Lots 5, 6, 7, 8 and lots 36 and 9 of the McGinley and Gosman subdivision, and unanimously recommends that the request be granted, conditioned upon~acceptance by the City of a deed 22 March 1954, enclosed herewith, conveying additional road rights-of-way, and provided that building set-backs of 10 feet from the new property line be observed on Dixie Highway, and that the building setback on Federal Highway remain 45 feet from the centre line of the existing 50 ft R/W. 2' In reviewing the above request, the Board felt that the 1912 plat of the McGinley and Gosman subdivision was not in accord with sound modern city planning, and recommends that the City ta~e steps in cooperation with adjacent property owners to abandon 7th Court (platted as McGinley Avenue) between the Dixie and Federal Highways, with a view toward the ultimate abandonment of the re- mainder of this street. Sin cerely, /s/ Robert F. Blake Chairman Npon motion of Councilman Holland and seconded by Councilman Allen, l(a) the request of Mrs. Kavanaugh was denied upon recom- mendation by the Planning Board. The motion carried unanimously. l(b) The request from Mr. McDuffie was also denied upon motion of Mrs. Woehle, seconded by Councilman Sundy and unanimously carried. 2. The Board's recommendation for a minimum road on SW 6th Aven~e was accepted by the Council upon motion of Councilman Holland, seconded by Mrs. Woehle and unanimously carried. 3. Mr. Ben Adams addressed the Council stating the water on NE 2nd Street still was a problem. 4. Councilman Holland recommended that the City Manager give further study to the problem of water at Vista del Mar and Andrews Avenue. 5. The Planning Ooard's recommendation to grant the request for the heliport site was accepted and the Council instructed the City Attorney ~ prepare an agreement in lease form, for a term of five years. 6 (a) The Board's recommendation to grant the request of' the Earl Wallace Ford Company was tabl~ed. , with the conditions as noted, to be studied. T~he City Manager then read a letter from several beach property ~wners stating that during Easter holiday there would be need for extra police protection. Chief Croft was asked for his opinion as to keeping the policeman at the beach for an extra month!this season and he stated that most of the trouble encountered is at night and that there is a regular policeman on duty at the beach at night. The request was referred to the City Manager for his action. The City Manager then discussed the need for a duplicating machine in the City Hall stating that thee cost would be approxi- ~mately *175. ~Upon motion of Mrs. Woehle, seconded by Councilman Allen, and Unanimously carried, authorization was given to pur- chase the machine. APPRO VED: Mayor ATTEST: City Ule rk