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09-28-54162 28, 1954 A Regular Meeting of the City Council of the City of ~elray Beach was held in the Council Chambers at 2:30 ~.M. with Mayor Catherine E. Stron~$ in the Chair, City Manager W. m. Lawson, ° and the following Oouncil members present: Glenn B. Sundy, R. J. Holland and Mrs. Alma K. Woehle, a quorum being present. An opening prayer was delivered by Fr. M. W. Zimmerman, The minutes of the meeting of September 14 were approved as written, upon motion of Councilman Holland, seconded by Mrs. Woehle and unanimously carried. The City Manager presented a map showing acreage is the southwest section of the city, owned by A. F. Archer and ~oy Calamia, one 5-acre tract between SW 12th and 14th Ave. and one between SW 8th and 10th Ave. Mr. Archer requested that the City consider accepting the tract between 8th and 10th Ave. for a 5-acre tract owned by the City, between 12th and 14th Ave. so that both parties would have ten acre aracts rather than separate 5-acre ones. Mrs. Woehle felt it would be a mistake to trade the land due to the possibility of this area becoming industrial and the p~oposed State Road 9, which would make the property more valuable. Councilman Holland was not in favor of the trade an~ felt that two 5-acre tracts are more valuable than one 10-acre. TbS City Manager was instructed to confer with the Planning Board as to future develepment of this land and also with the Realty Board as to present land valuations in this area. Mr. Lawson read a letter from Mr. Ralph Blank, Manager of Palm Beach Resources Development Board, asking that two appoint- ments be made by the Council to fill the ~acancy of J.B. Smith, whose term expires September 30, and Mr. HarryMcKean, resigned member of the Board. A motion was made by Councilman Holland that Mr. John Hen- derson be appointed to fill the vacancy of Mr. McKean, and that Mr. Ralph Priesmeyer be appointed to replace Mr. Smith when his term expires. The motion was seconded by Councilman Sundy and carried unanimously. Councilman Holland then amended the motion that, for any reason Mr. Priesmeyer is unable to accept the appointment, Mr. Paul Speicher be appointed as alternate. The Council discussed estimates obtained for architectural fees in connection with plans and specifications for construc- tion of two new fire stations. Mr. Lawson reported that fees ~or the entire ~ob are 5 - 6%, and for plans and specifications alone 3.5 - 3.6%. Councilman Holland moved that the City Manager be authorized to secure plans and specifications, working wit~ Fire Chief Gregory and using the prepared sketch for both fire stations. The motion was seconded by Councilman Sundy and unanimously carried. A resolution was then read in full as follows: RESOLUTION 932 RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF ORDINANCE G-147. WHEREAS, Ordinance No. G-147 of the City of Delray Beach, Florida, declares all lands in the City not kept free frc~ debris, vegetation (including trees) or other matter, which may become SEPTEMBEI{ 28, 1954 a danger in time of hurricane, and from weeds exceeding a height of 18 inches, and from filth and trash, constitute a nuisance; and WHEREAS, pursuant to said Ordinance, the Chief of the Fire Department of Delray Beach, Florida, has made a survey report, in ~riting, to the CitY Manager, describing certain lots or parcels of land in said City wherein conditions such as speci- fied in Sections 1, 2 and 3 of said 0rdi~nce exist; and WHEREAS, the City Council of Delray Beach, Florida, after consideration of said report, is of the opinion that a prima facie case showing the following lands constitute a nuisance within the provisions of Sections 1, 2 and 3 of said ~rdinance G-147 has been ma de. NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance be, and the same is hereby declared upon the foliowing described lots or parcels of land for violation of the provisions of said Ordinance G-14~, as specified after each description, and the City Clerk of the City of Delray Beach, Fla., is direc- ted to furnish the owners of each parcel of land, as hereinafter set forth, a notice in accordance with Section 5of said 0rdi- nance, and that the City Council will sit on the 29th day of November, 1954, at 2:30 o'clock P.M. at the City Hall in Delray Beach, Florida, for the purpose of allowing said owners to show cause, if any they can, why said Nuisance should not be abated. Ord -147 O~wner Add.~ess Lot. No. Block No.. ~§c.Vi.o.l. ation Claude M. Straight Lumberport, W Va. 14 & 15 ~$elleview Ct 1 - 3 Carl C & Mary Box 4,~Boston Mullen Mass,%Columbian 6 & 7 Lakeview Hts 2 - 3 Natl Life Ins Co Herman B & Mildred Box 741,Boyn- B & N45' Peterson ton Bch Fla of A less Blue Seas 2 -3 W 30' Frank L & Winnifred Meyer Furnace R Meyer Co,Perioria Ill 5 Seaspray Est 1 - 3 Eliza Reynolds 129~ SW 5th Ave 8 Westside Hts 2 Box 1584, Delray Block 8 Arthur B Horton Win~ham, N Y 19 81 2 Lucile J Nichols Box 414,Delray Be~ NW cot Lot 1,Nassau B~ach Fla Park S/D, W 12.96 th N 49.33' para to Ocean Blvd to pt 30' south of No line-W 75' th S 128.95' to south line of Lot, th E 83.2' ~ SW cot of Lot 1, th N 79.6' to P.O.B. R.D. & E Schell and 2936 E Las C H & E M Burnham Olas Blvd, 12 12 1 - 2 Ft Lauderdale Osc Pk or Box 516 Boca Raton SEPTEMBER 28, 1954 Gall D Gallagher 13 NE 13th St 13 less S 10' 3 City of W 40 & Dell Pk 2 - 3 14 less S 10 Harry Bull Box 1662, City S10 of W40 of 13, 3 & S10 of 14 Dell Pk 2 - 3 Wm R & Margaret ~,~1;3 2nd Ave 10,11,12,13 11 0sc Pk 2 - 3 E Bourne N Y 10, NY & 14 Oscar B Sabin Box 93,Taver- 15 11 Osc Pk 2 - 3 hie r, Fla Mrs Thom F Rich 35 NE 5th Ave 6 121 2 - 3 City Walter W ~ Zula 12 NE 4th Ave 7 121 2 - 3 S Cook City C W Garner & %Nowlin & Adams E50.2 of W150.2 R C Lawson 12 BE 5thAve, City of S200; & S276 56 2 of N416 of Katie L & H.G. Peabody & D.D. 200 NE 3d Ave 14 100 2 Carey City J.C. & Carlotta 209 NE 7th Ave, City 15 100 2 We~lbrock John Eamb 35 NE'4th Ave,City 16 100 2 McCarney Holdtngs~ 7450 DeCarie Blvd Ltd ~Frank Rice, Blk G 1 - 3 Montreal,Quebec 4 & 5 The Village? C ana da R W Ward 200 N~ 16th Ave S35.5' of 2 75 2 - 3 Ft Lauderdale Fla Wm Disston,et al %Liberty Title & 10 ? Osc Pk Trust Co,Broad & 2 - 3 Arch S ts~ Phila Pa Orlo J & Evelyn Box 561, City N ~1' of 2 75 2 - 3 J Billings Samuel O'Neal 906 NE 2nd Ave 7 138 2 - 3 City Wellbrock ' O'Neal 906 NE 2nd Ave,City 8 138 2 - 3 Sarah E Twyeffort 57 E 88thSt, NY 28 NY 9 138 2 - 3 Eliz.C Bonbright % Nowlin & Adams 10 138 2 - 3 Box 1125 City Samuel O'Neal 906 NE 2nd Ave,City 11 138 2 - 3 John C Wellbrock Box 1415, City 12 138 2 -3 Wm& Marion Wood %Montgomery & Adams 7 & 8 Blue Seas 2 - 3 146 N Fed Hwy, City APPROVED this 28th day of September, 1954. /s/ Catherine E. Strong ATTE ST: Mayo r /s/ R.D. Worthing City Clerk s~ ~B~ ~8, 1954 Motion was made by Councilman Holland to adopt the reso- lution. The motion was seco nded by Councilman Sundy and upon call of roll, Mayor Strong, Councilman Sundy and Holland voted in favor of the resolution and Mrs. Woehle voted opposed. An ordinance regarding lifting of speed restrtetions for trains was then read. Councilman Sundy felt the Counci~l should delay action on the ordinance until such time as a reply is received from the EEC Railroad regarding a request from the City ~V~anager that they install a crossing gate at NE 14th Street. Councilman Holland pointed out that at the time of the ~greement between the R~ailr~ad Co, and the former City Manager, 14th Street was not included as one of the crossi~ s to have a gate installed. He felt the Council should fulfill their obligation by adopting the ordinance. A motion was then made by Councilman Holland to place the ordinance on first reading. The City Manager was instructed to write to the FEC Railroad Co. expressing the City's desire for immediate action for a gate at NE 14th St., stating that since the commitment ~es made a school has been constructed in that area, creati~ a dangerous situation. The motion was sec- onded by Mrs. Woehle and upon call of roll, Mayor Strong, Councilman Holland ~ld Mrs. Woehle voted in favor of the ordi- nance and Councilman Sundy voted opposed. The following items included in the Planning Board's report were then discussed. (a) The Board recommended denial of the City's request for a side yard set-back deviation on the $ 50' of N 65.5' of the N Ocean Beach Lot 15, the selected site for the fire sub-station. Their recommendation was based on possible future requirements for parking on this property. Mrs. Woehle made a motion that the Council not accept the Bo~ d's ~ecommendation and that the best utilization be made of the selected, site. Councilman Sundy seconded bhe motion and it carried unanimously. (b) The Board recommendedgranting permission to Charles C. Hating to use Lots 56, 57, 58, 91, 92, and 93, Block 133, Palm Square for parking. A motion was made by Councilman Holland to accept the Ooard's recommendation with the understanding that Mr. Hering would use the property for patrons of the Patio only, free of charge. Councilman Sundy secondedthe motion which carried unanimously. Bills in the amount of $49,740.22 were approved for payment subject to the approval of the Fina~nce Committee, upon motion of Councilman Holland, seconded by Uouncilman Sundy and unani- mously carried. Mr. Ralph Knutsen was appointed to serve as second Master Plumber of the Plumbing Board, upon motion of Councilman Holland, seconded by Councilman Sundy and unanimously carried. The City Manager reported the following bids received for insurance: Automobile Liability only: Lucile J. N~chols ~ 2,265.90 Gracey Bros. 2,264· 90 Adgate Lipscomb m Sons 2,225.50 Amlin Ins. Agency 1,570.41 Automobile Lia and General Comprehensive Lia Plastridge Agency 4,100.00 (Automobile only ) 1,729.91 SEPTEMBER 28, 1954 ,.~ The Council discussed the savings which would be effected by the City carrying the first ~5, 000 of comprehensive. A motion was made by Councilman Holland that the low bid of Amlin Insurance Agency be accepted for Automobile Liability Insurance and that the City re-advertise for General Compre- hensive Liability (1) the City taking the first $5,000 and (2) for the entire coverage. Councilman Sundy seconded t~e motion which carried unanimously. A letter from Mr. Steve Middleton, County Engineer, was read stating that .the County has taken action as requested by the City of Delray Beach for drainage corrections on NE 5th Ave. and various places on Swinton Avenue. The letter further stated that the State Road Dept. is willt~ng to correct the drainage problem on Ocean Blvd. south of 8t,h Street if the pro- perty owners will cooperate. Mr. Lawson stated he had been advised by Mr. George Brockway that a report will be submitted ~n the NE 2nd Avenue pr~ct in the near ~uture. Mayor Strong suggested that a request be submitted to Mr. Carlton of the State Road Dept. asking for immediate action to correct the drainage on Ocean Blvd. and that a letter of apprecia- tion be sent to Mr. Middleton for,the County's cooperation. Mayor Strong inquired as to the reply from Gracey Bros. regarding leasing the Muddlman property across from the City Hall. Mr. Lawson reported that the owner was interested only in selling the property. The City Manager reported that a Florida ~eague of Munici- palities convention is to be held in Tampa, October 21st thru 23rd. The meeting then adjourned. APPROVED: MAYO R ATTEST: CITY CLERK