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Minutes 05-03-65MINUTES OF REGULAR ~iEETING OF CITY COUNCIL, HELD IN CITY HALL, BOYNToN BEAOH, FLORIDA, NAY 3, 1965, at ?:30 P.~. PRES ENT: JA~IES Jo }ia~ONEY, ~IAYOR ~'IALTER A. ~i~DSFk;, VICE MAYOR JOHN L. ~IE~ ~OUNCI~ ~. N. ~OS. C0UNCIL~ J. ~ISON ~KS, GOUNGI~ F. T% KAIN, GITY ~%L~NAGER GENE )~CO~E, GITY ATTORNEY TEREESA PADGETT, GITY GLE~K Prior to the opening of the meeting, Mrs. ~aroella Province, representing the Soroptimist Club, presented the i~ayor and City Council with framed and mounted pictures of Mayors serving Boynton Beach from 1921 to the present time. Mayor Mahoney expressed the great appreciation of the Council for the presentation. Mayor Mahoney called the meeting to order at approximately ?:45 p.m. Councilman Banks gave the invocation, followed by the Salute to the Flag led by Councilman Archie. Recognition was given to those in attendance as special invited guests in the "Very Important Citizen" program. .~.ttNUTES Mr. Madsen moved that the ~unciI approve the minutes of ~ril 19, 1965, as submitted. Mr. Boos seconded. ~otion carried 5-0. OLD BUS 1/~ES S Relocation ..of Shook Buildin.~. (On the Table) Mr. Boos moved that the item be removed from the table. ~adsen seconded. ~otion carried 5-0. Mr. Kain informed the Council that his office had sent out letters to various owners of adjacent properties on this street~ as directed by the Council, in an effort to ascertain if they would be willing to participate in the cost of removing this structure from the right of way, The letters had gone out on Thursday, April 29th. Thus far~ one affirmative answer had been received. ~r. Ray Brandewie spoke to the Council as representing Inlet Vista Corporation, owners of property located on and adjoining the intersection~ He said that the Inlet Vista Corporation would not be interest~ in participating financially in the cost of removing the structure. -1- biINUTE$ Boynton Beaeh~ Fla. Mr. Paul Johnson, owner of property which would be assessed for the cost of the street improvement, stated that he would not be interested in participating in the cost of removing the structure. Both Mr. Brandewie and Mr..Johnson suggested that the City give the right of way to the adjoining property owners. Mr. Archie moved that the Council proceed with the next order of business. Mr. Banks seconded. Motion carried 5-0. Reqqe~t for BeveraKe License - 110-114 N, .E~ lOth Avenue Mayor Mahoney explained that the request for a beverage license for 110-114 N. E. 10~.t~.hAvenue, which was considered at the last regular Couneii meeting and denied by a three-two vote~ was placed on the agenda as ult of the appearance of the owner of the building at the m~etihg of the Council. However, in order to prevailing side, to be tendered. No record, that he had owner to appear a second call for a (The attorney ~eprese item later ~n the mee~ a motion from the Mes~ers, Ban~s~ Boos or Madsen, had ~r. Moore stated, for the attorney representing the by the Council. Upon ~, ne motion vr~s made. this ) Report by C$~ ~a~a~er on ~.iareo. Property. on 01d Boynton Road The City Manager reported to Council that conditions at the DeMarco property were substantially the same as he reported at the last regular meeting when the Council had granted a two-week extension due to Mr. De~arco's difficulty in obtaining the material for fencing. Mr. Archis moved that Mr. De~arco be given until Wednesday, ~ay 5th, at 5:00 p.m. to re-start con- struction on the fence; at which time, if no start had been made, that the City Attorney be instructed to proceed with legal pro- ceedings against Mr. DeMarco. Mr. Bar~s seconded. Each Council- man expressed the desire to be as lenient as possible with Mr. DeMarco and at the same time see improvement in the appearance of the property, ~r. Ma~oney and Mr. Madsen felt tha~ the time allowed in the motion was insufficient. Upon a cell for a vote, the motion carried 3-2. AYEs: ~essers. Boos, Banks and Archie; NAYS: Messers. Mahoney and Madsen. -2- M I N U T E S ~ity Counci----~-- Boynton Beach, Flao May 3, 1965 C~ty Manager,s Report on Shell S~ation Improvement Mr. Kain reported to Council the progress that had been made by Mr. Moseley under the permit issued him to improve and repair his structure located on the corner of N. E. 2nd Avenue and U. S. Highway ~1, however, there was still work to be done. l~e .rec omme~de~ to the Council that Mr. MoseleY be allowed to complete the work. Mr. Boos moved that the City ~L%nager's recommendation be accepted and that Mr. Moseley be allowed to complete repairs on the old Shell Station. Mr. Archie seconded. Motion carried 5-0. Special Committee Reports The Downtown there was nc stated the reports on Street Improvement and been given at a prior meeting and information to report at this time. A report on Drainage appears later in the minutes. Mr. Kain read the minutes of the April 5th meeting of the Beautification Committee° Mr. Rank Thompson reported on the Industrial Promotion Com- mittee. Mr. ~alter Dutch, r~presenting the Boynton Beach-Ocean Ridge Board of Realtors, read a letter addressed to the Mayor and City Council regarding industrial promotion and requesting that the Industrial Promotion Committee be enlarged to include a wide cross-section of interested leaders. Mr. Kain reported that the license study was progressing and a recommendation would be made at a later date, PUBLIC HEARING Assessment Roll - Street Impr~vemen,t - S, ~. 4th Street from Avenue to So W. 1st Avenue Mayor Mm-honey called the public hearing on the above item. No objections were presented. Mr. Moore read Ordinance 65-11 levying special assessment against property benefited by subsect improvement. Mr. Banks moved that Ordinance 65-11 be passed from first to second reading. Mr. Archie seconded° Motion carried 5-0. -3- M I N U T E S Oity Council Boynton Beach~ Fla. May 3, 1965 Assessment Rot~ - Street Improvement - N. E. 4th Avenue fro, l, No E. 4th Street,to F. E. C., R~Iroad ~i~ht of Mayor Mahoney called the public hearing on the above item, Mr. Louis V. Tanner, owner of Lot 6~ Block 3, Roberts Addition, objected to the There were no other objectors. Mr. Moore read 'ng spocial assessment against ~r. Madsen moved that Ordinance first reading to second reading. Mr. Boos seconded. Motion carried 5-0. Assessment_ Roll . Pavin~ S. E. 2nd S~reet from ~o a Point 296 Fe,0t North lZth Avenu Mayor Mahoney called the public hearing on the above item° No objections wore presen~e~ to Council. Mr. Moore read Ordi- nance 65 13 which levied ssment against property benefited ~e~t. Mro Banks moved that the ordi- nance be s~ rea~ing to second reading~ Mr. Archie seconded~ Mot ~-0o Assessmen~ Roll - Pavi~g S. E. ?th, Avenue from S. Eo 1st Streeb Eastward to th~ ~, E. 0, Railroad R%Eht of I4ayor M~honey called the public hearing on the above item. No objections were presented to Council. Er. Moore read Ordi- nance 65-14, ~hi'ch levied special assessment against property benefited by subject improvement. Mr. Archie moved that the ordinance be passed from first to second reading. Mr. Boos seconded. Motion carried Pavin~ S. Eo 9th -~venue between S. E., 1st Street and Florid~ East Coast R~ailroad Public Hearing was called on the above item. No objections were presented to Council. D~r° Boos moved that the item be tabled and returned to the City Engineer for recalculation regardin~ the estimated cost of the project. ~4r. Archie seconded. Motion carried 5-0. -4- M t N U T E s Cit-----~' Council Boynton Beach~ Fla. May 3~ 1965 San Castle Civic Associ~t.ion . Re:_~ Sun Sentinel Article Mayor Mahoney read a letter~ tendered at the meeting, from the San Castle Civic Association signed by Kay Peterson stating that an article appearing in the ~ay 3rd, 1965, issue of th~ Sun Sentinel regarding the desire of San Castle to be annexed into the City was completely erroneous. 0r~inance 65-20 -- Amendment to.Mas~er Plan (On the Table) Mr. Archie moved that the item be removed from the table. Mr. Banks seconded. Motion carried 5--0. Mr. Moore read Ordinance 65-20 which amended the zoning as outlined in Ordinance 62-9 with regard to the area lying north of North 6~h Av~n~e boun~ed on the north by Boynton Canal, on the east by FI0ri~a East Coast ~Railroad, and on the west by State Road ~9~ A. zonin~ map showing the affected zoning was attached to and a part Of the o~dinance. Mr. Boos moved that the Council adopt Ordinance 65-20 on e . Mo=ion carried 5-0. (Motion was rephrased.) Mr. Boos with the of the Council requested that the City Manager be instructed to write a letter to the Planning and Zoning Board thanking them for their efforts in working this plan out. Mr. Archie moved that the plrevious motion be reconsidered for the purpose of reph~asing~ Mr. Banks seconded. ~otion carried 5-0° Mr. Boos rephrased his motion as follows~ ~ove that the Council adopt Ordinance 65-20 on first reading as presented by the City Attorney in all aspects except that the ordinance be amended in such a way as to direct that all City owned property throughout the City be classified as "City-Owned" and be so designated on all colored maps by the color black. Mr. Archie seconded° Motion carried 5-0. parroll~R~.ley inc. Excavation Mr. Charles Carroll explained the position of Carroll-Riley regarding the excavation going on on land owned by them and located west of the Seaboard tracks in the vicinity of No W. l?th Avenue. He requested a permit for the excavation. Mr. Archie moved that the matter be taken under advisement. Mr. Mads~n seconded. Motion carried -5- M I N U T E S City Council Boynton Beach, Fla. May 3, 1965 Board and Commission Appoint~n_e~s Mr. Banks moved that David 2,icLaughlin of the First Bank of Boynton Beach be appointed as Tru~stee of the Firemen~s Pension Trus~ Fund and John Howell of the First National Bank of Boynton Beach as Trustee of the Police Officers~ Retirement Fund. Mr. Archie seconded, Motion carried Mr. Archie the va, seconded. be appointed to fill Semite Board, Mt. Banks Mr. Boos amount of work to he would on George numbers to the necessity of a tremendous regard to Industrial Promotion, owing persons to serve are of the Council for the Clyde Worrel!, Howard Riley~ s Alden, John Rogers and the motion. ~otion carried that he did not favor large ~EGAL Ordinance 65-15 - 2nd.~eadin~ - Regulatin~ Parades Mr. Moore read Ordinance 65-15 for the second reading by caption only. Mr. Ma4sen moved that it be passed on second and final reading. Mr. B~n~s seconded. Motion carried 5-0, Ordinance 65-16 - Znd ~eadin~ -,Re~ulatin~ Speed of Trains Mro Moore read caption only. Mr. final reading. Mr, 65-16 for the second reading by ~e ~oved that it be passed on second and Banks~seccnded. Motion carried 5-0. Ordinance 65-~? - 1st R~a~in~ . AnnexinE Lots 38-58, Trade Winds Estates Ordinance 65-17 declaring the annexation of the above named lots was read by Mr, Moore. Mr. Archie moved that the Ordinance be passed from first to second reading. Mr. Banks seconded. Motion carried 5-0° -6- M I N U T E S City Council Boynton Beach, Fla. May 3, 1965 Ordinance 6~-18 - 1st Readin~ . Annexin~ Dyer Tract Ordinance 65-18 declaring the annexation of the Dyer tract located in acreage Sections 9 and 16 was read by Mr. Moore. Mr. ~adsen moved that Ordinance 65-18 be passed from first to second reading. Mr. Banks seconded. Motion carried 5-0. Ordinance 65-19 ~ 1st Reading ~ Annexing,Malcolm Tract on ~oynton Mr. ~Oore read Ordinance 65-19 which declared the annexa- tion of the Malcolm Tract as petitioned by ~he owners. Mr. Boos moved that the Co~nci~ pass' the Ordinance from first reading to second reading, mir. ~ffads!en seconded. Motion carried 5-0° Re___~uest for Transfer of Cemetery Lot - Gerald Ro Skinner ~ro Archie moved that the Council grant the request of Gerald H. Skinner for the t~ansfer of cemetery lot ~207 BIk~E from the deceased to the be~e£iciaries of his estate in accordance with the City Attorney,s recommendation. Mr. Banks seconded. Motion carried PUBLIC HALF-HOUR Mrs. Emily Jackson directed several questions concerning expenses of the trip to Florida East Coast Railroad Meeting in St. Augustine, attended by ~r. Archie, ~r. Kain and Mr. ~oore. Donald Kohl, attorney for Alfred ~right, owner of the building located on 110-114 No E. 10th Avenue for which a beverage license application had been denied at the April 19th meeting, spoke to the Council regarding the lack of a motion earlier in the meeting to reconsider the decision to.deny the application. He stated that his client would file a mandamus action against the City in this matter. AD~]2~ISTRATIYE A~Droval to Advertise, for Tenders - 1946 Bonds ~r. Aa~chie moved that the City Clerk be authorized to advertise for tenders in the amount of $25,000.00 for the 1946 General Obligation Bond Issue, to be opened at the June ?th meet- ing. Mr. Boos seconded. Motion carried 5-0. -?- M I N U T E S City Council Boynton Beach, Flao 14ay 3, 1965 ~raina~e Partic.ipation - North Second Avenue and Seacrest Blvd, Mr. Madsen moved that the Council notify the State Road De- partment that the City cannot participate in the drainage project in connection with l{orth 2nd Avenue and Seacrest Boulevard at this time andthat the pro,oct proceed without City participa. rich, and tha$ the notification be by letter. ~r. Banks seconded. Motion carried Mr. Archie stated that he was of the opinion that the figure of $194,145o00 as the cost of City participation for the addi- tional size pipe that would be needed to carry wa~er from surround. lng areas, was an figure and requested that the City Engineer continde into the situation. He further stated that he would like the record to show that' he voted Yes for the motion as he had beep informed that the decision as to whether or not the City was participating in the drainage was holding up the building of North 2nd Avenue. Ratification of Contract for Demolition of Shuffleboard Buil.din~ Mr. Archie moved that the I~ayor and City Clerk be authorized to sign the contract with the Waho Demolition Company in the amount of $750.00 for the clearing of the site located on the southwest corner of Ocean Avenue and Fourth Street. Mr. Madsen seconded. Motion carried Authorization for ~urchas~ Of Pickup Truck - Recreation Department Mr. Boos moved that the recommendation of the City ~anager be accepted and that the Oouncil a~thorize the purchase of a Used 1960 Chevrolet 3/4-Ton Pickup from Adams Ohevrolet, Delray Beach, Florida, in the amount of $~00.00.~'~r. Archie seconded. totlon carried 5-0. Approval of B%lls 1. Rubin Construction Company - $3,305.52 Comprising the following work to be paid from the following sources: $414.73 - S. E. 2nd Ave. $151.68 - Alley between N. Ave. (Street Maintenance Acct.) E. 1st Ave. and No Eo 2nd (Assessment) M I N U T E S ~ity C~uncil- Boynton Beach~ Fla. May 3, 1965 $708.53 - N. W. 9th Ct. west of Seacrest Blvd. (Street ~Iaintenanee Acct.) $ 70.49 - Parking area east of Lee Manor Business Center (Ronlee Reserve Acct.) $741.81 - N. E. 1st St. from Ocean Ave.North to N.W. 2nd Ave. (Street Maintenance Acct.) $1218.28 - Riviera Dr. from Uo$.~i east to Cul de Sac (Street Maintenance Acct.) Mr. Banks moved that the bill be paid from the sources as recom- mended. ~ir. ~iadsen seconded. Motion earried 5-0. 2. A & B Pipe Supply Company - $656.13 Mr. Banks moved that the A&B Pipe Supply Company be paid $656.13 from Account 6130-Z for pipe and fittings purchased under the purchase contract. Mr. Archie seconded. ~{otion carried 5-0. OTHER Ocean Ridge - Fire Contract t~ir. Banks moved that the City Attorney prepare a contract with the Town of Ocean Ridge along the same line as the previous contract in the amount of $9,000.00 for the calendar year 1966, and that the ~ayor and City Clerk be authorized to sign same. Mr. Archie seconded. Motion carried 5-0. C The meeting was ad3ourned at 10:00 p.m. ~¢,~,~/ Arohie, Councilman ~'. · ~1~// ,//-----' ~~ ~~ ~lison_Ba~s, Councilman