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02-22-54 87 F RUA 22, 1954 A Regular MeetingcOf the City Council of the City of ~elray Beach was held in the ouncil Chambers at ?:30 F.M. with Mayor Catherine E. Strong in the Chair, City Manager Robert Lovelace, City Attorney Neil E. MacMillan, and the following Council members present: ~ Robert J. Holland, Mrs. Alma K. Woehle, Glenn ~. Sundy, and~ ~. Cottingham Allen, a quorum being present. The minutes of the meetings held February 8, 9, and 12th were presented for approval. C ouncilman Allen asked that the meeting of February 8 be corrected to show that the motion to delay the request of Mrs. Ruth E. Kavanaugh for const ruction of a carporte, was seconded by Gouncilman Allen. The minutes were then approved upon a motion by Councilman Allen, seconded by Councilman Holland and unanimously carried. The City Manager read a letter from Mr. Jack Thayer announcing his resignation as a newspaper reporter. An Easement Grant for three twelve-foot easements at the Harbor House Apartments located on Palm Trail was read by City Manager Lovelace. He explained that there would be no change in the size of the easements but that it would merely be a new lo- cation. Councilman Holland made a motion that the easement be granted and the Easement Deed executed. Councilman Allen seconded the motion which was unanimously carried. A letter from Mrs. George J. Pinkney was read by the City Manager, with regard to a pavement problem in front of her pro- perty. She stated that while she was away from the City the curb had been taken out and that the sidewalk to her home was sinking. Mr. Lovelace stated he would discuss the street problem with County Commissioner Ben Sundy and that tb~ City would repair the curb if the trouble was due to ~ack-fill. Mr. Ben Adams addressed the Council stating the sewer on Northeast 2nd Street had been drained out and expressed his apprec- iation. The City Manager then read a request frc~ the Lion's Club for use of the area west of the Athletic Field for a circus to be held March 6. Councilman ~olland expressed his opinion that it would not be a good idea to use the field for this purpose and that it may cause trouble. The City Manager explained that there would be a fifty dollar bond ~osted. · Uouncilman Holland made a motion that the request be granted, subject to the City Manager locating the circus on the south half of the Athletic Field and not using more than is necessary. The motion was seconded by Councilman Allen and carried unanimously. The Oity Manager advised that a report from the Tennis~ Committee on their activities has been filed and is available for the Council's perusal. A request from National Air Lines for a five year lease for a Heliport site was read. The Gity Manager stated the request had been referred to the Planning Board and asked that the Council make a motion to that effect. Mrs. Woehle made a motion that the request be referred to the Planning Board and Councilman Sundy seconded the motion which was unanimously carried. City Manager Lovelace stated the ~resent heliport site is not permanent and suggested using the Uity property located on S.W. 2nd Avenue - Block 4?, Lots 20 - 24 inclusive. FEBRUARY 22, 1954 Mr. Harry McKean's letter of resignation from the City Planning Board was read by the City Manager. Councilman Holland made a motion that the Council accept with regret the resignation and that a letter be written, thanking Mr. McKean for his past cooperation and the splendid work he did. Council- man Sundy seconded the motion which was unanimously carried. City Attorney MacMillan asked the Council if they should appoint a successor to Mr. McKean and it was agreed to have the Planning Board make a recommendation. The City ~anager read a letter from the Men's Garden Club of Delray Beach, reporting on the work that had been done~ on Atlantic Avenue and asking for the City's cooperation in future beautification of Atlantic Avenue. Councilman Allen made a motion that ~the Council acknowledge ~eceipt of the report with a great deal of thanks to that or- ganization and assure them that the maintenance would be carried out to the City's best ability. Councilman Sundy seconded the motion which carried unanimously. City Manager Lovelace read a Resolution prepared with regard to designating the First National Bank as official depository for City funds. Councilman Sundy made a motion that the Reso- lution be tabled for further study. Councilman Allen seconded the motion which was unanimously carried. Councilman Holland stated the designation of a depository is demanded before bond insurance can be issued and Mayor Strong suggested a delay of two weeks which should not be denied by the insurance company. The City Manager read a letter from Mrs. Ruth T. Needy for an exception to an Ordinance on signs, stating that the Valli- court Villas were located on a dead-end street and that ~a sign on Atlantic Avenue was necessary to direct people to the property. Mrs. Woehle made a motion that the request be referred to the ~Planning Board. Councilman Allen added to the motion that the Planning Board be requested to give the matter prompt atten- tion. Councilman Holland seconded the m~tion made by Mrs. Noehle with Councilman'~llen's amendment. The motion carried unani- mously. A letter from the Delray Gas and Electric Company was read asking for permission to have a bulk liquid petr~oleum plant alongside the FEC railroad. Councilman Holland stated such a permit would be violating the City Ordinance. Mr. Lovelace said the Ordinance could be amended, but that two similar requesSs had been turned do~n. Mr. Robert Brenner, Superintendent of the Miami Gas Company, addressed the Council, stating that a permit had been granted July 5, 1950, for a 30,000 gallon storage plant. He stated the request now was for only three individual containers of 1,000 gallons each and thah such a plant was necessary in order that the gas company could best serve the public with the supply of gas. City Manager Lovelace advised Mr.~ Brenner that a request to renew the permit in question had been turned down in 1951. Councilman Allen made a motion that the Gas Company should be given an opportunity to present the ~case to bhe Planning Board. Councilman Sundy seconded the motion which was unanimously carried. A report on bids for fire hose was presented by the City Manager. TABUL~TION OF BIDS A tabulation of bids received at noon on February 18, 1954 for Fire Hose, which bids were opened by the City Manager on February 18, 1954, in the presence of Mrs. Margaret Bart, and FEBRUARY 22, 1954 Mrs. Donna Brawner, was filed as follows: J. T. Mize 1802 N. "D" ~t. Lake ~orth, Florida 1000' 2~" Bi-Lateral Dacron * 1.90 per foot 1000' 2~" Bi -Lateral-Lite 1.68 " " 500' 1 "Bi-Lateral-L.ite 1.25 " " Roger B. Quincy ~.0. Box 538 Dune din, Florida 1000' 2~" Dacron $ 1.90 per foot 1000' 2~" Flexfold 1.83 " " 500' i~X" Dacron 1.30 " " 500' 1~" Flexfold 1.25 " " The City Manager recommended that the purchase of the hose be split, for 500 feet of 2~" Dacron from each and 250 feet of 1~" cottom hose from each company. He stated such a purchase would be in line with the budget. Councilman Allen made a motion that the purchase be made in accordance with recommendations of the Fire Chief and City Manager. Councilman Holland seconded the motion which carried unanimously. A set-back deviation request from Mrs. Ruth E. Kavanaugh was then discussed. The request had been delayed until after the election to determine whether or not a Board of Appeals would be e s tabli she d. Councilman Allen made a motion that the request be referred to the Planning Board. Councilman Sundy seconded the motion which was unanimously carried. The following Ordinance was read: ORDINANCE NO. G-185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 22 OF ORDINANCE NO. 132, AS AMENDED, TO PERMIT THE SALE OF WINE AND/OR BEER,FOR CONSUMPTION ON PREMISES, IN RESTAURANTS AS INCIDENTAL TO AND IN CONJUNCTION ~iTH THE SALE OF GOOD IN SUCH RESTAURANTS. BE IT ORDAINED NY THE CITY COUNCIL OF THE CITY OF DELRAY .BEACH, FLORIDA, AS FOllOWS: Section l: That Section 22 of Ordinance No. 132, as ~m_ended by Ordinance No. G-152, of the Ordinances of the City of Delray Beach, Florida, be and the same is hereby further amended to read as follows: "(a) That from and after the effective date of this ordinance no more than one license shall be issued for the sale of wine and/or beer, for consumption on the premises, on any one side of any one block in the City of Delray Beach,Florida, and only then when such side of the block is in a business district; provided, however, this Eection shall not apply to any business now operating, or to the assigns or grantees nf~any person now operating at existing locations. (b) No such limitation of the number of licenses as herein provided shall be applicable to restaurants having accom- modations for service of 40 or more patrons at tables; provided, however that any license issued hereunder for the sale of wine and/or beer shall only be valid so long as sales are not made from any public~ bar maintained in such restaurant; and a~e~,tn~ FEBRUARY 22, 1954 cidental to and in conjunction with the serving of meals in. said restaurant; and further provided that the sale of wine and/or beer shall not be advertised by any outside signs or displays visible to any street or public thoroughfare. Any license issued under this provision shall be marked "RESTRICTED" in accordance with these regulations, and shall not be moved to a new location, being valid only on the premises of such restaurant; .further, any unrestricted license heretofore issued by the City of Delray Beach and held by any restaurant that may comply with the terms of this exception, shall never- theless be counted within the limitations contained in sub- section (a) herein, and in the event such unrestricted license is hereafter sold or transferred by such restaurant to another location, said restaurant shall thereafter~ be ineligible for a restricted license within the provisions of this exception. Section 2. This ordinance shall be deemed supplementary and supplemental to all existing liquor ordinances of the City of Delray Bead~, Florida. Section 3. This ordinance shall become effective upon being enacted as law. PASSED in Regular Session-on second and final reading on this the 22nd day of February A.D., 1954. /s/ Catherine E. Strong Mayor ATTE ST: /s/ R.D. Worthing "' CiTY CLk~qK SEAL Mayor Strong asked the City Attorney if ordinances become effective thirty days after passing, and he replied yes. Councilman Holland made a motion that the ordinance be passed and Mrs. ~oehle seconded the motion. Upon call of roll Mayor Stro~ and Councilman Sundy voted opposed to the ordinance and Council members Woehle, Holland and ~llen voted in favor of it. A deferred request was then read for consumption of beer and wine off the premises, Del Rest News requesting the license. Councilman Allen made a motion that the request be ~ranted and Mrs° ~oehle seconded the motion. Upon roll call,Y~ayor Strong and Councilman Sundy were opposed, and Council members ~Olland, Noehle, and Allen voted in fair. A deferred request for beer and wine license for the dew Beach Shmek was discussed. Councilman Holland made a motion that the application be accepted effective thirty days from the passing of the ordinance. Mrs. Woehle seconded the motion and upon call of roll, Mayor Strong and Councilman Sundy voted against the application and Council members Holland, Woehle and Allen voted in~Tavor of it. A report on letters received by the City Manager on a re- view of p~ast audits followed~ ThaCity Mansger advised that Raymond A~Aaxwell of Fort Landerdale was the only auditor who had made an offer to the City's requirements but he had contacted the Florida Institute of Certified Public Accountants who have agreed to appoint an investigating committee of at least three accountants, with no cost to theCity, a~d that they would ad . vise the City Council of the best action to take. He stated FEBRUARY 22, 1954 they are willing to take such action immediately. Councilman Alle~ made a ~otion that the City Manager be instructed to request the FICPA to give us the benefit of their services. Councilman Sunc~ seconded the motic~ which was unanimously carrie d. The City Manager than request ed ~ that the contract for the t~o new police cars be awarded to Adams Chevrolet Company, low bidder. He stated the old cars a~e in need of repair and recom- mended that the Council accept the bid. Councilman Holland made a ~tion that the Council accept the low bid of AdamsChevro let Company. Councilman Allen seconded the motion which was unanimously carried. City Manager Lovel~ace read a letter from Mr. Andrew Bloetscher asking for an audience in regard to selling city cemetery lots on a profressional basis. Mr. Bloetscher addressed the Council and members of the audience, explaining the pre-need of cemetery lots and his reque st to handle the sales for the benefit of revenues which would be obtained by the Cit~. Mayor Strong stated that Mr. Bloetscher had mentioned a 20 percent commission on all sales and stated it was her opinion that the City should not set up any one person in business selling pro- perty owned by the City, The Council was in agreement. ~ A discussion followed on the bulkhead on Northeast 4th Street at the canal. Mrs. Dorothy Day Mitchell requested that the City ta~e action to repair loose rock which had been put in after tnstallatt on of a pipe line. The City Manager reported he had inspected the bulkhead and that engineer consultants had advised not to cement the rock, due to possible repairs having to be made on the pipe. After dis- cussion it was decided to attempt to cap the rock on top. Mayor Strong then ~iscussed with the Council a complaint from a te~rist who had been asked by the Beach Service attendant not to use the area where beach cabanas were in operation. Mayor Strong stated that there were limitations to the cabana locations and that such complaints would be harmful to Delray Beach. City Attorney MacMillan stated that it was the usual procedure to bring the operators of beach service before the Council occa- sionally to be in agreement about restrictions and the number of cabanas to be used. He suggested that in the future, upon applica- tion of the license, they be brought before the Council. Mr. Worthing stated it had been the policy to accept the license fee six ~nths in advance and asked the Council if it wished to contiuue in that manner. The Council agreed that there should be no exception to the issuance of licmuses and that they should wait until October 1st of each year. Mrs. Woehle discussed tbs necessity of obtaining from the County their willingness to take Northeast 2nd Avenue as their property. She stated there had been a lot of discussion of the subject but that there should be a formal request from t~me City Council. The City Attorney stated Mr. Byrd had advised him that NE 2nd Avenue is a State road at the p resent time. The City · Manager stated he would attend the meeting of the County Commission to be held February 23. Councilman Holland made a motion that the City Manager be inetructed to reques~t the street be designated and maintair~d as a County Road. Councilman Allen seconded the motion which was unanimously carried. Mayor Strong stated she had been asked by the colored high school for permission to ~se the City Park for a band concert. Councilman Alle~ made a motion that the request be granted and Councilman ~lland secondSd t he ruction which carried unanimously. FEBRUARY 22, 1954 Mayor Stra~g then discussed the matter of obtaining a supply of fertilizer for the old cemetery. City Manager ~'ovelace stated the budget covered this expense. Mayor Strong then ~mggested to the Council that special met- ings be held on ~$aturday mornings for the purpose of hearing appeals from the public, so that there would be less items on the agenda at regular Council meetings. The City Attorney stated hi s opinion was that there would generally not be such a great amount of quests for apReals and that they should be handled in the present manner. Theor ounctl was in agreement. Mayor Strong asked for a report on inventories and was ad- vised by City Manager Lovel~ce that the inventories are not com- plete. A report on the modification of ordinances followed, the City Manager stating that a typist had been hired for the special work and that the recodiflcation was 8oing forward. City Attorney MacMillan~reported that the sale of the beach property at Palm Beach Shore Acres ~d been completed and sugges- ted that the City begin clearing off the property in order to avoid possibilities of re zoning by the County. The City Manager advised that some clearing has been done° The City Attorney referred to refunding license fees and stated he still recommended that no rebate be given. Mrs. Woehle made a motion that the Council will not approve any rebates on licenses. Councilman Holland seconded the motion which was carried unanimous ly. The meeting then adjourned. APPR (WED: ATTEST: -- "Ci-t~- Clerk