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11-23-54 189 NOVEMBE~{ 23, 195~ A Regular MeetingcOf the City Council of the C~ty of Delray Beach was held in the ouncil Chambers at 2:30 P.M. with Mayor Catherine E. Strong in the C~air, City Manager W. E. Lawson, City Attorney Neil MacMillan, and the followin$. Council members present: Glenn B. Sundy, R. J. Holland, Mrs. Alma ~. Woehle, and ~. C ottingham Allen, a quorum being present. An opening prayer was delivered by Mr. MacA¢lillan. The minutes of the meeting held November 9 ~re approved as corrected upon motion of Councilman Allen, seconded by Mr. Holland and unanimously carried. Mr. Smith, representing the firm of Smith & Gillespie discussed the proposed Florida Natural Gas Line by the Texas Houston Company who employed a firm of engineers from Baton Rouge, La. to make a study of the State of Florida which resulted in an estimated cost of installation amounting to approximately ~175, 000, 000. Mr. Smith advised that distribution of the proposed product would be render the Jurisdiction of the Federal Power Commission from whom permission would be required ~to extend such distrtbution lines and conduct operation in the State of Florida. Application for such permit would b~ve to show a needed market for natural gas by the people as well as by industry, and municipalities were in- vited to intervene in favor of this project. The matter was tabled for further study of possible municipal or franchise operation as the Federal Fewer Commission has given a tentative date of January l, 1955, for filing of a petition. Mr. L~awson requested that inasmuch as he has had several meetings with R. E. McDonald, Chairman of the Pony League Committee of the VFW, that a site be considered for their use. Mrs. Woehle moved that Block 37, be offered to the VFW with the understanding that they effect presentation of plans for its use under a five year lease agreement subject to obtaining a ~elease from the Gladiola Festival Assoc., which ~lds a lease on this pro- perty and, subJedt to the approval of the Planning Board. Mr. Allen seconded the motion and recommended obtaining a release of the ninety-nine year lease on the City property held by the VF~, which property is located in that part of Section 21-46-43 lying south of SE 10th Street and west of Federal Highway. The motion carried unanimousl y. A motion was made by Councilman Allen that the firm of Bateman & Jeffries be appointed as auditors of the City of.A~elray Oeach for the fiscal year 1954-55, and the motion was seconded by Mr. Holland, unanimously carried. Mr. Lawson read a resolution of the City Commission of West Palm Beach recommending that P~lm Beach Air Force Base, located at the Palm Beach International Airport in Palm Beach County, which at present is a temporary Air Force installation, be made a per- manent installation and the County Commission and all adjoining towns be requested to adopt similar resolutions. Councilman Holland moved that the City of Delray Beach pass a simi-' lar resolution requesting Palm Beach Air Force Base ~e made a per- manent installation. The motion was seconded by Councilman Allen and upon call of roll, Mayor Strong, Mr. Holland and Mr. Allen voted in favor of the resolution and Mr. Sundy opposed. Mr. Portman withdrew his ~quest for up-grading part of Plumosa Park, a subdivision of Delray Beach, from "B" to "A" zone for further study of the matter. Mr. T. H. Edwards advised that his application to the V. A. for development of Jefferson Manor subdivision had been disapproved on the grounds of there being insufficient need for such development. Councilman Holland moved that the City Attorney prepare a Resolution for presentation to the Veterans Administration expressing NOVEMBER 23, 1954 the opinion of the City Council that a dire need for this proposed negro Housing Project exists. The motion ~es seconded by Mr. Allen and unanimously carried. Councilman Sundg moved that the request of C. W. Garner for opening and paving SW 2nd Avenue between 3d and 4th Streets be referred to the Planni~ Board. Seconded by Councilman Holland and unanimously carried. Mr. Lawson read a petition of property owners in the vicinity of SE 2nd Street and 1st Avenue for discontinuance of open pipe storage by Mr. Howard Cromer on ~he mortheast corner of SE 2nd St. and 1st Avenue. Mr. MacMillan agreed to contact Mr. Cromer regarding this~ matter but was of the opinion that such usage, by the owner of this parcel of land, was not in violation of the zoning ordinance inasmuch as the area is z~ned for General Business. Mrs..Woehle moved that the request of R. J. Holland for re- zoning certain property in Section 18-46-43 west of the SAL Railway be referred to the Planning Board. Seconded by Mr. Sundy, the motion carried unanimously. The following Emergency 0r~inance was then read: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDI~ SUB-PARAGRAPH (3) PARAGRAPH (b) OF SECTI0 N 5 OF CHAPTER XX OF THE CITY CODE OF THE CITY OF DE~RAY BEACH, FLORI ~, AS AMENDED, DEFINING THE SET-BACK RE~UIRHMENT ON FEDERAL HIGHWAY (EAST SIXTH AVENUE ). WHEREAS, an emergency exists in the City of Delray Beach, Florida, in that, the eventual widening of Federal Highway (East Sixth Avenue), is contemplated by the State and County, and WHEREAS, the County of Palm Beach has requested the City of Delray Beach to establish uniform set-back lines along said Federal Highway, and WHEREAS, it is deemed necessary for the preservation of the public health, property, safety and welfare, that a uniform set- back line be redefined along saidFederal Highway in order to assure the ~ventual widening of the street. NOW, THEREFORE, be it ordained by the City Council of the C~ty of Delray Beach, Florida, as follows: Zection 1: That sub-~aragraph (3), paragraph (b) of Section 5, of Chapter XX, as amended, of the City Code of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ".All commercial and business buildings shall be set back fifty (50) feet from the center line of Sixth Avenue (Federal Highway) along said East Sixth Avenue (Federal Highway). Section 2: Ail ordinances and parts of ordinances in cc~- flict herewith are hereby repealed. Section 3: This is an emergency ordinance and shall take effect upon its passage on first and final reading. PASSED in Regular Session on first and final reading on NOVEMBER 23, 1954 this the 23rd day of November A.~., 1954. /s/ Catherine E. Strong Mayor Attest: /s/ R. D. Worthing City Clerk SEAL Motion was made by Councilman Sundy, seconded by Mrs. Woehle -and unanimously ca~ried that the foregoing Emergency Ordinance be approved. Mrs. Strong requested that a letter of thanks be forwarded to Mt.Warren Grimes for having obtained six electric carts which have been placed at the Golf Course for rental, and also for the storage shed attached to the pump house for storage of this equipment.. Bills in the amount of ~38a279.65 were approved for payment subject to the approval of the ~'inance Com~zittee, upon motion of Councilman Holland, seconded by CounciLman Allen and unanimously carried. Councilman Hollm~d moved that the application for Liquor I~icense at 320 South Federal Highway by A1 ~S~panholz - "Chalet Swiss" be granted, subject to the approval of the City Manager's investiga- tion. Seconded by Mr. Allen, the motion carried, Mayor Strong voting opposed. Councilman Holland moved for authorization of appropriation from Unappropriated Surplus, of $2,965.00 to cover the final payment of construction by Howard Crcmer on the extended Water Construction project, approved by the Engineers. Seconded by Mr. Allen, the motion carried unanimously. Councilman Holland made a motion that a resolution be effected approving the transfer of ~385.00, budgeted for Capital Expenditure in the Folice Department, to the City Manager's Department, ~his amount being needed for the purchase of the automobile assigned to the City Manager's office. Seconded by Councilman Allen, the motion carri ed unanimously. Mr. Thomas Bruder offered objections to the parking of trucks and other commercially identified vehicles in residential areas nights and Sundays, and read ordd nances from other cities wherein this ~ractice was controlled. R~. Holland suggested that the Chief of olice investigate this matter. Mr. Robert Fle~ing advised that he has a client interested in leasing or buying the City owned property in Section 21-46-43, south of SE 10th St. extended and east of Federal Highway~ on the canal. The City Council requested Mr. F~eming present the proposal of this client for consideration by the ouncil. Mrs. ~oehle inquired i~a~yone representing the City had attended the Civil Defense meeting in Miami. It wa~ reported that Mr. Lee Vance, Civil Defense Director, in this area, attended. Mr.~ Woehle requested that the City Council be furnished a report of the meeting and it s activities. She further requested information relative to U.S. Highway No. ~ and Mr. Lawso~ agr~l to check with County Com- missioner Ben Sundy on the matter and report at a later date. Mayor Strong advised that Mr. Fred McNeece requested the City advertise intended sale of the old club house building at the ~olf Course. Advertisement anct public sale of this property will be made. NOV M a e3, 1954 Mayor Strong referred to the undesirable "water hole" on A1A Highway Just south of 8th St. Mr. ~-awson advised that Mr. Middleton, County Road Board, had requested the city to obtain an easement permitting corrective measures to be taken to eliminate this con, dition. After discussion with Col. Fabens it was agreed that he and the City Manager would contact Mfs.Price, owner of the property fronting on this low spot, in an attempt to obtain her cooperation in granting an easement that would pen~it steps to be taken .toward elimination of this hazard. Councilman Holland requested that a traffic light at NE 2nd Avenue and Second St. be installed. Mr. Lawson advised that the Chi ef of Police has been conduct- ing a survey and count at this intersection and will submit his recommendation regarding a traffic light to the City Manager prior to the next regular meeting of the Council. 'The meeting then adjourned. APP ROVED: MAYO R ATTES T: City Clerk