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10-12-53190 OCTOBER 12, ]953 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P. M. with Mayor R. J. Holland in the Chair, and Att:orney liarry T. i~ewett, Acting City Attorney, City M~mager Robert Lovelace, and the £ollowing Councilmen present: John N. Kabler, J. L. Saunders, and }'Irs. Alma l{. Woehle, a quorum being present. Upon motion of Cotmcilman Sa~nders~ seconded by Mrs. Woehle, and unanimously ca,Tied, minutes of meeting held September 28th were ap',~roved ~s written° Mr. E. W. En:~is, Building Contractor, api)rared before the Correct1 with re£erance to approval of building permit to con- struct a store building on Lot 5, Block 1, on the N. Federal tiigh- way. The ~lans showed a ceiling height of only 10~, but Mr. ~nnis expla:~ed that the building would be completely air-cond~tioned, and as th- b~lilding adjoining on the south is 10~ in height, he asked the Co~mcil to approve the ~lans as submitted. In the absence of a Board o~ Appeals, City Manager Lovelace steted that the Cotmcil could act on the request, and as the recent ~rocedure had been to allow these deviations in ceiling heigh'~,s, motion wss made by Co~mcilman K~bler ~,nd seconded by C~,uncilman Sounders that per~it be granted as req~ested. Upon call of all the motion carried, unanimously. City Manager Lovelace reco~p_manded that a City representetive be apnointed to serve on the South Florida Airport Planning and Advisory Committee to promote Aviation in this District, and sug- gested that ~[r. Art Sprott, who has been active in this project for a period ~f years, He appointed, and upon motion of Councilman Ksbler, seconded by Mrs. Woehle, and unanimously carried, this re- commendation was end,roved. One bid received in res':onse to an Invitation to Bid sent to all local Insurance Agents, was filed by the City Manager as Fol- lows: The !'la. stridge insurance. Agency ~.~ 50/,100,000 - Bodily Injury - ~2,529.56 1/10,000 - Prope~'ty Dmmage 832.31 Mr. Lovelace exnlained that the premium w()uld be about ~500.00 more than anticipated in the b~ldget, but he felt it was desirable insurance and recom,,ended that contract be entered into w&th the Plastridge Insurance Agency as ~moposed. Upon motion of Councilman kohler, seconded by }.Irs. Woehle, and unanimously carried, the City Manager's r.~co:m'nendation was apl)roved, as outli~ed ~bove. The City Mannger then presented a tabulation of bids received on October 9th, for a Crawler Type Tractor for use in the ~'ater Department, which bids w~re onened by the City Manager, and wit- nessed by the City Clerk and represent~tives of two of the bid- ders. He recommended the purchase of a Terra. trac CT-30 Tractor at a cost of ~; 3,194.00 as ho felt this equipment to be l~est or use in the W~ter t)epmrtment, and could be ~_~sed in other Depart- meats as well, and would pey for itself in mb(,ut two years. After co,sideration, a m-tion wss made by Councilman and serenaded by Councilman Ssunders, that a Terratrac CT-30 Tractor be ~urch~sed from th~ ],leweltyn M~nchinery for?., of .',li,?ai at a total cost of ~!~ 3,194.00 as reco,w:~ended, and u~on call of roll the moti..n carried unanimously. One bid received in res,~onse t o an Invitation to ~id on furn- ishing a 3/4 Ton Pnne~ Truck for t~e Weter Depart,neat, was filed by the City Manager, as follows: Fairclot~ Tr~ck ,~ Tractor Co., West Palm Beach - Internatiomal - 3/,4 ton - Psnel ~17S5.00 International - 3/4 - 1 Ton -Pnnel 1875.00 191 OCT¢~BER 12, 1.953 Mr. l,ovelace recom,,~onded the purchase of the l~eavier model at a cost of ,~1, 875. 00, as best for the purpose for which it is neede0, nnd upon motion of Co~lncilma~i Kab'~er, seco~qded by Mrs. Woehle~ and un~nimausly carried~ t~,Js reco,nmendation was ap,~ roved. Public Heaping was t~,~en }tqld. on the an"lication oF ~hadick Fa. shaw for one Certificate of Public Convenience and ,~ecessity to operate a Taxi-Cab in ~he colored section. No objections were filed, and qpon motion of Councilman Kabler, seconded by Council- man qaunders, and unanimously cmrried, Certificate was apy)roved as requested. The following Ordinance was brought up for second and final remding, and same w~s rend in Cull: O[{])I57ANC:~ N(). G-179 AN ORDINANCE OF TH}~ CITY COUNCIL OF THE CITY BE:~CII SOUTIIE~ BELL TET/~tIONE AY~ TELb~GI~PH CO5~ANY TO US,~ ~di: ~UBLIC ~T:;EETS OF ~ C][ ()F D~RAY Bb:ACII, ~()~{I])A, FOR TII[~] . UI,, ()S~, (~F CO¥ST~UCTING~ ~S!IN'rAI¥ING AND OP[~ATING OF T~LE~'IIONE ~'4:D TEL;CG1Uk. Ptt TII~]REON AN~) TII~gR]~UNDER. S~CT%O~4 1. Be it ordained by the City Council of the City of De'ray Beach, Florida, that ncrmission be and the same is here- by gronted to the Southern Bell Telephone and Telegraph Company, its successors and assigns, to constr,~ct, maint~in and operate lines of telenhone and telegraph, including the necessary poles, conduits, cables, fixtures and electrical conductors upon, along, ~der and over the ;~ub]ic roads, streets and highways of the City of Delray Beach, Florida,, as its bus:iness may fro~ time to time require, provided that all poles shall be neat and symmetrical. S~CT~ON 2. The work of erecting poles and constr~cting under- groun~ c.nauits under this orqinance sl~all be done Subject to the supervision of the City, and the Company shall re,lace or ~roperly relay and re:,aJr any sidewalk or street that may be displ~,,ced by reason of such w,-,rk, a, nd aport failure of the Co,~pany so to after twenty days' notice in writing shall have bee~ given by the Mayor of the City to the Company, the City may repair such ,ortion of the sidewalk or street that may have bee~ disturbed by the bom- pany, and collect the cost so incited Cron~ the Company. S~CTION 3. In consideration of the rights and privileges here- in granted, the Comnany, whe,~ requested by the City, will designate and provide without cost to the City (1) on each ~ole OWrled and used by the ComD~ny hereunder and d~ring its o~ership and use thereof, either (a) space for a fixt'we for, or (b) space fora cross-arm ~or, wires of the nolice and fi~'e alarm signalling sys- tem of tl~e City and (2) in each underground conduit owned and used by the Comn,.ny hereunder a. nd dt~Jng its ownership and ese t~ ereof~ one ,~ct for the cables r~f ~he police and fire alarm signalling system of the City; provided., however, that no use shall be made by the City of said sp~ce on ~uch holes or of said duct which will result in interfering with or impairing the operation or use of the Comnony's nroperty or service~ oP which will enda~geP~ injure the nerson or property of the public or e~nployees of the Com-,any or City. S~CTION 4. The Comnany shall indemnify the City against, and assume vll liabilities f-r, damages whic}~ may ~rise or ~;ccrue to the City for any injury to pets-ns or property from the qoJng of any work herein authorized, or the neglect of the Company or any of its em~)loyees to comply with ~,ny ordinance regulating the use of the streets of the City, and the accent:~nce by the Co,~p~ny of this ordinance shall be an ~greement by it to pay to the City any sum o~ money ~or which the City may become liable from or by~ason of such injury. .~{~CTION 5. The Company shall rile with the City Clerk of the City its acceptance of this ordinance within wixty days from the date when it shall taka effect. 192 12, 1953 SECTION 6. Nothing in t;~is or, linance shall be construed as a surrender by the Cit. y of its right or ~ower to pass ordi- nances reg,~latin.g the use of its streets. SECTION 7. This ordinance sh~ll be in force and effect for a term of thirty (30) years, and the City ~tereby reserves the right an(l re&uires the ,qai.~ Company, as a cr~nditio~ precedent to the taking effect of this gr, nt, to give and grant to the City of Delray Be~ch, Florida, the right, at },nd after the expiration of such term, to purchase the telephot~e and telegr~.ph plt, nt or other property in s~id City used under or in connection with this grant, or such part of such. property as the municipality may desire to purchase at a valuation of the nro,'>rty, real and Dersonal~ desired, which valuation shall be fixed by arbitration, as may be provided by law; and the acceptance of t'~is ordinance shall onerate as a gte.at by the said Company to tl~eCity of said right to purchase. S~]CTION 8. This ordinance shall take effect upon its r~ti- fication at a referendum election to be called and held in a,c- corda~ce with the t)rovisions ,~f the Charter of the City of Delray Bench for holding bond elections. SECTION 9. Upon annexation o£ say ter~itory to the City of Delr;:y Beach, that nortion of thePacilities and operations of the grantee of this franchise located within the said annexed territory or unon the ~ub].ic streets, alleys, or public ;~laces thereof, shall thereafter be subject to all of the terms of this grant as £ully as though this grant and fPanc',;ise were expressly extended to such annexed territory. SMCTION 10. Further in consideration of the rights and privil-' eges herein granted, the Co~,;mny, when req~ested, will fm~nish to the City free of charge three private branch exchange tr~nks, and such exchange ].ine ~nd station service as the City may desire at a c~ncession (~f 33-1/3~;; provided, ho~¢ever, that the services above mentioned are to be f~rnished under and subject to the usual rules and regulations of the Co,np~ny, including those a~,plying to toll. service, which said tall service is to be 2aid for by the City at the regular and lawful rates of the Co~.~oany therefor. PASSEl} in regular session on second and final reading on this 12th day of {)etcher, 1953. /S/ '~. J. }lolland Mayor ATTEST: /..S/ Ruth R. Smith City Clerk (Seal) Pa~sed ~'nd adopted: 0etcher 12, 1953. 1st Reading - September 28, 1953 2nd & Final ~:~a. ding - October 12, 1953. Upon motion of Co,.~ncilma, n Saunders, seconded by Councilman Ka.bler, and ,manimru~sly carried, the foregoing Ordinance ~o. 6-179 was~lopted as read. The following Resolution w,s then introduced: R~,~S©LUT~ON NO. 909 WtI!';IIEAS, the City Council of the City of Delray Beach, Florida, is sympatheticaly disposed to the position of the Negro Civic League of the City of Delray Beach; and ~HER"~AS, the City Council of the City of Delray Beach deems the establishment nfa Beach exclusively for negroes in the southern part of the County, to be of benefit to the entire south portion of the County, and not to the City of Delray Beach alone} and 193 OCTOB'FAt 12, 1953 IGUqI.U']AS, the City of Delrny Beach is willing to cooperate and assm~e its fair sl~ere of the burden of acquiring and operat- ing such a colored Beach for the southern part of ~he County; NOW, T~Iq~EF~RE, BE !T ~[E~;CLV~I) that the City Council of the City of Delray Beach endorse the letter of the Negro Civic neague of Delray Beach, addressed to the Chairman of the Co~mty Co~ission, ~lp. Lake Lytal, under aate o~ September 10, 1953, that the County Co~ission be reouested to ~,dvise the city Council when the req~est of the Negro Civic League will be bpou.~ht ~tp for discussion, so that members o~ the City Council and tho Negro Civic League, both o¢ Peltry Beach, may be present to be heard on the matter. Passed anti adopted this 14tl~ day o~ September, 1953. 5layor ATT~q T: /S/ lluth i~. Smith City ClerR (Seal) A motion was made by ~irs. ~'oeh!e and seconded by Co~eilman Kabler, that the fo~'egoing Resolution Xo. 909 Be ;,dopted~ and upon ca!! ng poll the motion cam-ied unanimously. A public heaping was then held For objections to the assess- ment off liens against certain ~groperties For lot clearing, under the provisions of Ordinance Ye. ~-147. ~Ir. RoBert Gracey, representing 2Ir. and 51rs. Frederick C. ~htddiman, a~:dressed the Co moil. He ,~rotested the eha~ge of ~500.00 assessed against North Ocean Beach Lot 8 and South 5.5' of Lot claiming the lot was cleared at an excessive r~ro~it, and not in the interest of the ~ro¢erty own,eps. Itc stated that although bias had been solicited from several Contractors, only one bid had been eeived, ffrom a Contractor who Bid at least 40~ higher titan other Contrsctors on other lots. He asked that a fair adjustment of this assessment be made by the City. City ~anager Lovelaee explained that notices had been sent by ~egistered mail to 51r. and ~irs. 5luddiman, and no replies had been received. An attempt had Been made to obtain competitive bids for clearing these lots, which were a terri~ie j~mgle, and a Nurseryman had also been employed, at City expense, to preserve any valaable shrubbery on the lots. tie felt that the procedare by the City had been extremely conservative, and every possible consideration had been given to the proDerty o~ers. After consideration By the Council, no action was taken on the nrotest filed, and the liens against the ~roperties listed were eon- firmed. Public flearing to receive objections, i~ ~y to the confirmation o~ assessment rolls on completed street improvements was ~,ostponed ~til October 26th. The following Ordinance was then brought up ~or first reading~ and same was re~d in fall: AN ORI~INANCE t)F T~IE CITY COUNCIL OF Tile CITY OF DqL~SY B~CH~ FLOIilDA~ AW~NDING S~CTION 19~ AS A~t~}~DED, 0F CHAPTEII VIII OF THE CITY CODE 0F DEL- 1lAY BEACH, FLO~GI)A~ BY PROVIDI}~ AND t{~GULATING Ttlq NI~ffi~I1 OF LIO;;0fl LIC:qr-~SES P~qll BLOCK AND R~GU~T* IN& ENTR.)NCES FOR RESTAUf¢,NT ~-LN'D It0TEL LIC~Y. SES IIERE- AFTEr I SSIJI,~D. Upon motion of Hrs. ;¢oelale, seconded by ~r. aabler, and ~ani- mously carried, the foregoing 0rdinanee was ?laced on ~irst reading. ~pon motion of Co~eilman Smmders, seconded by Councilman ~ab- ler~ and unanimously eappied~ application filed By the Surles Drapery Shop fop ~,ermit to b[dld an addition at the rear o~ their store baild- lng located at 212 q. Federal nighway~ was approved, as plans s,~bmitted 194 0CTOBSR 12, 1953 showed that all requirements of the Building Code would be complied with. Applical'~ion of the Alfar Creamery Corp. for permit to construct an office and Cooler Station for milk on the east side of Lot 29, Block 93, was presented by the City bianager, who explained that the height of the building would be 11'2" from the gro~md, with hip construction. It was ?roposed to use the building for storage of milk, where trucks could be loaded for local delivery. Councilman kabler felt that noise from the operation of such a business might he detri,nent~.l to apmrtment ho,~ses in the vicinity, and moved that the Alfar Cren~aery Corp. be req~sted to advise by letter if t'~eir operation would create a noise nuisance, and if so to consider a different location which would not interfere with the growth of the ~partment House district or residential district. The motion was secnnded by Co~ncilman Saunders, and carried unanimously. A letter from }ir. L. S. Lankton, with reference to leasing Block 45, located between S. W. 2nd and 3rd Streets, and West A~l~ntic Avenue mad S. W. 1st Street, to be used as a golf Driv- ing R~nge, was read as follows: "October 9, 19~3 Mr. R&bert Lovelace City Manager Delray Beach, Florida Dear 7.ir. Lovelace: We have a client who is prepared to sign a lease for three years, with an option for two additional years, on Block 45, City of Delray Beach. This client nro~oses tn use this 1,roperty as a golf driving range with }~,is business address on West Atlmntic ~venue. Xhe first 1~0 feet depth of this !~,roperty is zoned for business and the rear of the property is zoned for apartments on one side and is B zone on the other. This w-qld mean that golf balls driven from the business ~one would be retrieved in the apartment or B zone area. The prooerty is owned by Mrs. Grace Weir. Both parties agreed upon the terms of the lease and are ready to sign. ~he only ques- tion is t:~e use of the property as it affects the zoning. We would like a~:'rov~l to ~se this ,)roperty for this purpose. The client also has the idea that he may build a c~r wash business in the front 140 feet, which we a.~sume would be per£ectly okay as the area i~ zoned for business. l*,'e wis~ ta ~oint out that the creation of a golf driving rsnge would unquestionably improve t~e a~pearance of this ~roperty and wonld also add a recrectional £eature to our town w~,ich is not now available as far as we know. Our client is in Minneapolis, Minnesota, and he, s asked me to re,resent him, which I will do to the best of my ability. Will you please advise me if it is necessary for me to be present at the council meeting this btonday night. Cordially yours~ SSSSE t{~ALTY /S/ L. S. Lankton" As three diF~°erent zoning districts would be involved, City Manager Lovelace reco~nmended that the request be referred to the Planning Board for consideration, and ,~pon motion of }irs. %~oehle, seconded by Councilman Kabler, and unanimously ca~ried, this re- commendal, ion was S,~proved. 195 OCTI~Bb21I 12, 1953 A proposed renewal of lease with the Gladioli Fair Association, as prepared by the Fair Association, was read by the City ~i~nager. The lease w;~s in the same terms, oxcent that it ,rovided t~at t'~e grounds may be used for other carnivals from A?ril 1st to December 1st, u¢on aCproval of the Co~cil, and the post:ing of bo~d. dow- ever, 5Ir. Lovelace advised t~at he had made saggestions to be in- corporated in the lea~e, w'~icl~ would gi~e the Council tlte final decision as to use of the Fair Gromlds during the above months. lie felt that this w~mld be imrmrtm}t, in wl~ich the Council co~,curred., and upon motion of Councilman Sa~mders, seco~,ded l)y Cotmcilman kab- ler, and ,manimously car~ied, the renewal of lease was approved with tlae nrovision that the original suggestions of the City ~lana- gar he incorporated in the lease, the amo~t of bond to be posted to be determined by tt~e City ~anager, not to exceed Application filed by the Kiwanis Club to hold a Circus on the Fair ~ro~ds on Nove~uber llth was a'~,,roved upon motion of Council- ma~t Saunders, seccmded by Councilma.:~ Kabler, and ~animously carried, permSt fee of ~'¢50.00 to be posted and ref~ded when the gro~mds have been satisfactorily cleaned. Ref~md of license fee in the amount of :~:15.00, ~ai(1 for 1953-54 license to sell beer at 13 N.[4. 5th Avenue, was authorized, upon mo%ion of Councilman Saunders, seconded by Co,mcilman Kabler, and ~animously carried, refund to be made to gertr~de Carter, in whose name the license was issued. City ~ianager Lovelace then outlined a proposed stre..t improve- ment project consisting of the grading and paving of five streets with hot asphalt, installing curbs and sidewalks in some cases, and storm sewers where needed, and presented the following lh~solu- tion: ]t~SPLUTION N0. 910 A REg0LUTION 0F TtlE CITY COUNCIL 0F T~tI~ CITY 0F DELR)Y B~.~.CII, FL0[ilI)A, RI~0UIIilNG FICATIONS AND ESTI~IA'rE 0F Cr~ST 0F CONSTRUCTING CERT~IN STr~EI]T ISt"IIOV~]5[I]NTS IN ~[E CITY ()F I)lgL- IL[Y B E) CH. [~'H~Itl;AS, the City Council deems it to be for the best interest of the City of Delray Beach to cor:struet the following Street Im- provements, ~nd to assess the cost of such construction against the lands abutting th. ereon~ N. E. 2nd Avenue, from Atlantic Avenue to Second Street S. E. 3rd Avenue, from Atlantic Avenue to S. E. Second Street S. E. 1st Street, from S. ~. 3rd Avenue to the Federal ilighway S. ~. 4th Street, from Swinton Avenue to the Federal ili~xway N. 1~. 1st Street, from First Avenue to Tenth Avenue N0~~, ~IlqaEFORI], BE IT Ifi~SOLV~]D BY the City Co~cil of the City of Delrt~y Beach, Florida, as fr. llows: S~]CTION 1: '~at the City >lanager he required to subm;t plans, specifications, and estinmte of cost of such street improvements to be made, and that the sa.ne shall be placed on file in the office of the City ~lanager. PASS}ii) AND AI)0PT~ by the City Coancil of the City of Delray Baa. ch, Florida, on this the 12th day of October, A. ~., 1953. /S/ R. J. Holland Hayor ATTEST: /s/ n th n. Smith City Clerk (Seal) 196 OCT(~P, EH. 12, 1953 Upon motion of Councilman Ka%ler, seconded by Mrs. Woe}lie, and unanimously carried, the fore,Cci.nc l{esolution No. 910 was adopted as road. Plans, specificati,ms, and a detailed estimate of the cost of the above listed street, improvements, as prepared by George S. Brockway, Consulting Engineer, was filed by the City }ianager, as fol lows: . 1. N.E. 2nd Aven:~e - Atlantic to 2nd Street, Full 50' pavement, c~wb and gutter, storm sewer extensions, sidewalks, ect. 19,325.10 2. S.E. 3rd Avenue - Atlantic to 2nd Street, improved as a])o~e, 13,901.20 3. S.E. 1st Street, 3rd Avenue to Federal ilwy. Improved as above 18,329.60 4. S. E. 4th Street, 22' hot mix asphalt, paving only 11,989.~0 5. N. ~{. 1st Street, ls% Avenue to 10th Ave. 14,872.30 Total ~8, 39~.40 Upon motion of Co,mcilman K~bler, seconded by Councilman Saunders, and. unanimously carried, the ebove plans and estimate of cost were accepted, and the City Attorney wss authorized to pre- pare Resolutions of int~,nt to proceed with the improvements, %o ~e adopted at the next meeting. City ~anager Lovelace advised the Council that ."ir. Tobias Simo~, of Mi~,ui Beach, owner of Lots 20 - 24, inclusive, Block 47, located on the east side of S. W. 3rd Avenue, between 2nd and 3rd Streets, had offered to sell these lots to the City to create a, buffer zone be%ween the white and colored sections, as he claim- ed he couldn't sell them for white homes, as they face the colored zone, and they are outside of the colored area. ~lr. Lovelace felt that they could be used for low cost white housing, but did ~ot feel that the City could purchase all land in buffer areas. After consideration by the Council, a motion was made by Councilman Kabler ths t 5~r. Lovelace be authorized to negotiate with the owner of the lots for the ~}urchase of same on a reasonable fig- ute, subject to Council approval, i~he motion was seconded by ,',Irs. Woehle, and ca~ried unanimously. The following Ordinance was then brought up for first read- ing, and same was re~d in full: AN 01I!)INANCE r~)VERS:I.NC TIlE INSTALLATION, REPAIR ASq) .',~AINTI~NANCE OF OUTSIDE TEIJ.]VISION ANT~NNA AN~, OR T0:fER INSTJ, LI~ITION ~ITIIIN TU~ CITY LIMITS OF DELRAY BEACH, FLORIDA. Upon motion of Councilman Saunders, seconded by Councilman Kabler, and unanimously carried, the foregoing Ordinance was placed on first read~r~g. Tabulation of bills totaling ~;71,581.62 was presented for apnroval, and upon motion of Mrs. Woehle, seconded by ~ir. Kabler, and unanimously carried, the bills were approved for payment, subject to approval of the Finance Committee. The meeting then adjourned. City Clerk APP,qOVED: Mayor