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07-27-54 JULY 27, 1954 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 2:30. PM with Mayor Catherine E. Strong in the Chair, City Manager N. E. Lawson, City Attorney Nell MacMillan, and the following Council members present: Glenn B. Sundy, R. J. Holland, and Mrs. Alma E. ~oehle, a Quorum being present. An opening prayer was delivered by Dr. Arthur R. Charlesworth. The minutes of the meeting of July 13 were approved as cor- rected upon motion of Mrs. Woehle, seconded by Councilman Sundy and unanimously carried. The Council discussed the use of the Youth Center building by the Little Theatre group. Mrs. Woehle stated she thought an agreement had been reached and that a letter had been read at a previous meeting from Mr. Frump explaining that the last two rows of seats would be reserved for the youth group on Friday and Saturday nights. Mrs. Woehle felt it would be difficult to have a contract with the Theatre inasmuch as conditions~change, but she felt a ~letter regarding the above agreement would be well to have. Councilman Holland suggested writing a letter referring the Theatre to the agreement with Mr. Frump, for this coming season only, and the City Clerk was so instructed. The City Manager outlined regulations included in the National Board of Fire Underwriter's Code which he and Fire Chief Gregory had recommended for adoption. After discussion, a motion was made by Councilman Holland to adopt the Fire Prevention Code according to the City Manager's recommendation. Mrs. Woehle seconded the motion which carried unanimously. Mr. MacMillan advised the Council that he would notify the Municipal Code Corporation to include the above in their codifica- tion. Mayor Strong suggested the appointment of Councilman Sundy as a City representative to the Chamber of Commerce board of directors, stating he has been very active in the organization. Mrs. Woehle asked if it would be possible for the Council members to be notified of the Chamber's meeting, stating she felt they should attend since the Chamber often adopts policies which affect ~he entire city. Councilman Sundy agreed to discuss this with the° Chamber and report to the council. A motion was then made by Councilman Holland that Councilman Sundy be appointed as a City representative to the Board of Direc- tors of the Chamber of Commerce. The motion was seconded by Mr. Woehle and unanimously carried. Mayor Strong then recommended the appointment of Dr. Charles Vogler as Chairman of United Nations Day Committee, stating he had agreed to this appointment. Councilman Sundy moved that Dr. Charles~ Vogler be appointed Chairman of the United Nations Day Committee and the motion ~s seconded by Councilman Holland, unanimously carried. The Council discussed the combining of the FEC and SAL Rail- roads and the feasibility of entering a petition which might eliminate the present unsatisfactory condition caused by the FEC railroad operating through the center of town. Mr. MacMillan advised that West Palm Beach now has a petition with the-railroad commission which is being litigated and that he approached them asking that Delray Beach Join in the petition. He stated it seems each petition would be an independent request but that it would be in court a long time. He explained that the out- come o£ the petition from West Palm Beach would, of course, effect everyone and suggested waiting rather than having the additional expense of a law suit. 954 Mrs. Woehle stated it is a definite part of the Florida Statute that any two railroads going through a town must combine their facilities. She asked the City Attorney if there is any way to request, action without entering into a law suit to which he replied no. She then asked if the city could pass a resolution and he stated they could but that it would not necessarily accomplish anything other than to show the city's interest. Mayor Strong pointed out that the people who own property in the areas ~nvolved should be given some consideration. After further discussion, a motion was made by Mrs. Woehle, seconded by Councilman Sundy and unanimously carried,instructing the City ~ttorney to prepare a resolution expressing the city's desire to have the Florida East Coast consolidated with the Sea- board railroad. Mr. Lawson explained to the Counci~ the advantages of appoint- ing a General Code Board who could study such matters as signs on property, contractor's examinations, drawings and specifications, etc. Mr. Hughson stated the board would make their recommendations to the council and he presented a list of names and professions which had been compiled. Mrs. Woehle was of the opinion that the Flanning Board could handle these matters without appointing a Code Board. After further discussion, a motion was made by Councilman Holland that a temporary Code Board be appointed, selected from two or three of each profession. It was then suggested that a new list of names be compiled showing who will serve on the board and their duties. Councilman Holland the~ withdrew his motion. Mr. Lawson read the following Tabulation of Bids: NAME ~AKE MODEL PRI CE DEL IVERY King Motor & Equip Co. 1954 NO BID 700 E. Sunrise Blvd GMC Ft. Lauderdale, Fla. Faircloth Truck & 19~4 R-162 *2,750.00 l0 days Trailer Internat 'l R-182 4,490.00 approx 2829 S. Dixie 3 wks W.Palm Beach, Fla. Earl Wallace Ford 1954 F-600 2, 319.00 30 207 E Atlantic Ave. Ford Cab shields add 25.00 days City F-800 4,679.77 30 days Cab shields add 25.00 Freeman & Sons 1954 F-20-2A 3,049.16 3638 NE 2nd Ave. Reo F22-2A 4,844.00 Miami, Fla. Joe Blank Motor Co. 1954 H-129 2,768.21 2602 S. Dixie Hwy Dodge TA-144 4,715.32 W. Palm Beach, Fla. Adams Chevrolet Co. 1954 NO BID 246 S. Federal Hwy Chevrolet City Twin City Chevrolet 1954 6103 2,815.00 1 wk 2119 S. Dixil Chevrolet If £ish plate not or less W. Palm Beach, Fl'a. installed deduct 50.b0 Mr. Lawson stated the Superintendent of the Street Department had agreed that the larger truck would be more beneficial and that that bids of International and Ford should be considered. After discussion, a ~.otion was ~ade by Councilman Sundy to purchase the F-800 Ford Truck, according ~o the City Manager's recommendation. Councilman Holland seconded the motion which carried unanimously. JULY 27, 1954 A request of W. P. Carpender for approval of a subdivision plat in Block 3 was discussed. Mr. Lawson explained that Mr. Carpender had taken the plat to the Planning Board for study prior to presenting it to the Council, and that the Board's recommendation had been received. Mrs. Woehle felt the Board should be asked to defer any recommendations unless they have been ~ubmitted to the Council, which is the policy being followed. The Council decided th~tt the request should be again re- ~erred to the Planning Board. Mr. Carpender addressed the Council stating he would withdraw his request for approval of the plat rather than be delayed. The request was withdrawn. Mr. Lawson read a request from Mrs. G. J. Jennings asking that that'a survey be made of thc area at SW 8th avenue for storm drainage. Mayor Strong pointed out the unsanitary oondition brought about by the water now standing in the area. She felt building permits should not be issued unless the owners construct buildings above the ground level. Mr. Joe Kern addressed the Council stating that Mrs. Jennings was not advised of the water problem when she purchased the pro- party and that she filled in the lots at the time. He stated Elliott Gross's engineering firm had suggested making an elevation survey to determine where thc water is going and what might be done. The City Manager was instructed to obtain an estimate as to cost of a topographical survey and to contact the property owners involved to determine if they would be willing to be assessed for storm drainage. Mr. Lawson read a request from Mrs. H. L. Gordon for permis- sion to move a house from Lot 7, Block 100, to EE 5th Street at the' FEC Railroad. When asked if it would be in the proper zone, Mr. Hughson explained that the property is zoned Manufacturlrg and Industrial which permits construction of a residence. A motion was made by Councilman Holland instructing the Building Inspector to issue a moving permit to Mrs. Gordon. The motion was seconded by Councilman Sundy and unanimously carried. Mr. H~ghson read a report of Plumbing Examinations taken by Morris E. Whitman, Leo A. Kusc~, Sr. and Henry C. Tucker, and recommended Journeyman's Plumber cards be issued to each man. Councilman Holland moved that the recommendations of the Plumbing Board be accepted. Councilman Sundy seconded the motion and it carried unanimously. Mr. Lawson read a request from Mr. Otts Mickelberry for Shulson Street to be paved between Gleason Street and Ocean Boulevard. Mr. Mickelberry addressed the Council explaining that he does not h~ve access to his property and that the street had never been paved. He stated he had contacted other property owners who are also desir- ous of having the paving accomplished. Mayor Strong asked Mr. M~ckelberry if he understood that the policy for paving is for it to be on an assessment basis and that a petition must bear the signatures of owners of 51 percent of the total frontage of property on both sides of the street. Mr. Mickelberry stated he felt at least 75 percent would be willing to pay the assessment. The request was referred to the City Manager for preparation of a petition and Mr. Mickelberry agreed to obtain signatures. · The following report from the Planning Board was then read: Zl Jul 1954 The Honorable Mayor and City Council Delray Beach, Florida Ladies and Gentlemen: The Board has considered the deviation requested by Mr. Cliff JULY 27, 19514. Baker, to permit a doctor's residence-office in an apartment zone, Lot 12, Blk 118. Discussions' have previously been held on the possibility of a zoning change to permit Medical establishments in Apart- ment zones. It was felt that such locations, away from the usual congestion of ~usiness areas, would be of benefit to those in Ill health, and to the ag.ed and infirm, ~ thout proving det- rimental to neighbouring properties, and might be of particular convenience to winter visitors. The Board expects to recommend such a zoning change when it may be legally enacted. It was noted that two doctors' offiCes now exist in the general area (SE Fifth Ave. at SE 2nd St. ) and have set~ fine examples of dignified and quiet operation, to the enhancement of the surroundiag area. The pa~rticular premeses under consideration seemed well fitted for such an establishment both in location and design. The Board therefore recommends approval of the request. It is felt, howeyer, that should it appear that the forthcoming recommendation for the zoning change ~oted above would be turned down by the Council, then this request should also be denied. In the recent recommendation concerning NE Second Avenue~ the following item was inadvertantly omitted: e) That the' city acquire Lots 28 and 29, Blk 11 (north-. west corner, intersection of NE Second Ave. and NE 8th St.), to provide an easier, more direct curve at the Jog on Second Avenue which occurs at 8th Street. Sincere ly, /s/ Robert F. Blake II . Ch~. irman Councilman Holland stated he was against "spot zoning" and until such time as the Planning Board submits recommendations for changing apartment zoning he would not vote for any deviations. Mr. Cliff Baker addressed the Council stating he felt it is unfair to deny the request when the city has issued a permit for an addition for Dr. King's office which is also located in an apartment zone. He explained that the doctor who he represents is ill and desires to live in the same building where he practices, and that there would be no external changes in the building. A motion was made by. Councilman Holland to deny the Plan- ning Board's reebmmendation until such time as they set up an area and zoning for this particular type of business and make new recommendations. The motion was seconded by Mrs. Woehle and upon call of roll, Mayor Strong and Council members Holland and Woehle voted in favor of the motion and CounciLman Sundy voted oppo sad. Bills in the amount of $53e778.88 were approved for payment subject to the approval of the ~inance Committee, upon motion of Mrs. Woehle, seconded by Councilman Holland and unanimously carried. The City Clerk explained an error on the assessment roll for SE 2nd Avenue paving in the amount of ~80.00 and asked authoriza- tion to ~ite off this amount. Councilman Holland moved that the City Clerk be authorized to write off $80.00 from the SE 2nd Avenue paving assessment roll. Mrs. Woehle seconded the motion and it carried unanimously. 27, 1954 Mr. Lawson read the following list of lots and prices which had been offered for sale for off-street parking by Carter-Kern realtors: ~ot 18, Block 92 - size 46.6 x 125 ft. ~5,500.00 t~ot 19, Block 92 size 46.6 x 125 ft. 7,000.00 ~Lot 20, Block 92 ~ size x 46.6 125 ft. with fur~ished house 17,500.00 Lot 21, Block 92 - size 46.6 x 125 ft. 7,000.00 List of possible parking sites for the City: Lot 18, Block 100 on NE 4th Ave. between Atlantic Avenue and 1st Street. Lot size 64 x 135 ft. Price -~14,000.00 Lots 11 and 12, Block 102 on SE 5th Avenue on the ~outheast co~ner of the intersection of SE 1st Street. Lot size - 122.4 x 135 ft. Price - ~11,000.00 ~ots 16 and 17 and the south 16 ft. of ~ot 15 less the east 5 ft., Block 101 Lot size 144 x 130 ft. Price - ~25,000.00 with improve- merits A p~oposition was also given that the City lease Lot 18, Block 100 for five years at ~500.00 per year, the City paying all taxes and any other expenses during that period and the option of first refusal to purchase the property d~uring this period and at the end of that time. Lot size 64 x 135 ft. located on the east side of NE 4th Ave. between Atlantic Ave. and First Street. Mr. Doyle Morgam~i~presented a letter to the Mayor ~n regard ~ the above which was read. Mr. Ralph Priesmeyer addre&sed the Council explaining that a special meeting had been held with the Chamber of Commerce and merchants in the area all of whom agreed the city should take definite action to relieve the parking prob- lem before the beginning of re xt season. Mrs. Woehle stated the matter had been presented by the Plann- ing Board and was tabled by the Council in order that a complete study could be made. She felt the proposal to the City to purchase the lots listed above would merely be a benefit to the merc~_ents and would ncr solve the entire problem. She also felt the people should pay a proportionate amount of the cost and that further consideration should be given to leasing property for parking. Councilman Holland suggested meeting with the Planning Board in view of the Chamber's recommendations. Mrs. Woehle then stated that a plan had been made in the past whereby merchants would loan the City ~500 to purchase property but that the plan had not developed. Doyle Morgan explained that the majority of complaints received regarding parking come from tourists and that b~ felt purchase of property offered above would not Just benefit merchants but would at least be a beginning to a solution. Mr. Joe Kern explained that the lots had been submitted for consideration since they are in the business area and may not be available at a later date. It was decl~ded that a special meeting would be held with the Planning Board and Chamber of Commerce an~ Mr. Priesmeyer was asked to inquire if merchants would be willing to donate ~500 to the City for purchase of parking property. Mr. ~awson stated the tennis court building is leaking an~ badly in need of repair and suggested repairing one half of the roof, using cedar shingles, ~hich had been estimated at a cost of ~6oo. o0. A motion was made by Councilman Holland instructing the City um¥ 27, 1954 Manager to proceed with repair of one half of the roof at the tennis court building, using cedar shingles. Councilman Sundy seconded the motion which carried unanimously. 2he City Manager presented bids received for a pump to be used on one of the f~ire trucks as follows: Champion *577. ~0 · Barton-Americ am 625.00 Chief Gregory stated he felt the Barton-American would be the better buy and upc~ motion of Councilman Holland, seconded by Councilman Bundy and unanimously carried, the City Manager's and Fire Chief's recommendation~to purchase the Barton-Americlan pump was accepted. The City Attorney read the following Resolution: RESOLUTION NO. 927 WHEREA~, Dr. K. M. Davi's, has been a practicing physician in the City of Delray Beach, Florida for the past twenty-nine (29) years, and WHEREAS,' during said time he has rendered outstanding service and has endeared himself to the citizenry of Delray Beach, and WHEREAS, Dr. Davis has be.an for many years Health Officer for the City of Delray Beach, and has served with distinction in said capacity without remuneration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That the City Council does. hereby recognize and commend Dr. K. M. Davis for his outstanding contribution to the citizenry of Delray Beach for personal services rendered his many friends and patients and for his public service rendered the City as Health 0ffice~. 2. That a copy of this resolution be forwarded to Dr. K.M. Davis and copies to the local press. This re solution adopted and passed this 2?th day of July, 1954. /s/ Catherine E. Strong Mayo r ATTEST: /s/ R.D. Worthing City Clerk SEAL Councilman Holland moved the resolution be adopted as read. Councilman Sundy seconded the motion and it carried unani- mously. Mr. Henry Gordon addressed the Council with regard to the water situation on NE 2nd Avenue and suggested that a drain be installed on the Southeast comer of NE 1st Avenue and 1st Street of 15 foot pipe and one basin. Councilman Holl,nd advised the Council that unless immediate action is taken to relieve the problem there would be law suits filed against the City. JULY 27, 1954 After further discussion, a motion was made by Councilman Sundy instructing the City Manager to proceed with necessary steps to install drainage on NE 2nd Avenue. Councilman Holland seconded the motion ~hich carried unanimously. Mr. Cave Hogan addressed the Council asking if it is necessary for colored citizens to place their garbage containers in the street in order to have collections. He stated several people had mis- pXaced their containers and that when businesses place garbage in the streets on Saturday evenings it has to remain there over Sun- day, c resting an unpleasant situation. The City Manager was instructed to sumvey the territory to determine what the procedure has been, and Mr. Hogan was advised that action would be taken to correct the situation. Mr. Walter Roth addressed the Council asking for clarification as to whether the ci~ty would bear any part of the cost for paving NE 2nd Avenue. The Uity Clerk had advised him that the city would not absorb any of the cost and Mr. Roth stated he was therefore withdrawing his pa~t of the petition. Councilman Holland stated he agreed with the other ownes who do not want to dedicate l0 feet of property and also pay an assess- ment stating he felt the city should pay one-half of the cost if the people dedicated the property. Mayor Strong suggested contacting the owners in the block from 1st to 2nd Streets determining if they would be willing to de~ cate l0 feet and share the cost on a 50 percent basis. The Council discussed the possibility of raising the tax levy one mill in order t~ appropriate funds for streSt repairs through- out the City. Mr. MacMillan stated the city could also float a bond issue but that it would be a lengthy process. After further discussion, Councilman Holland moved that the City Manager be instructed to employ an engineer to survey NE 2nd Avenue taking i~o consideration provisions for proper storm drainage. The motion was seconded by Mrs. Woehle and unanimously carried. The City Clerk ~as instructed to write a letter to Mr. Fred C. Muddiman expressing the City's appreciation for the removal of tbm building on Lot 9, Block 109. Mayor Strong referred to the two signs on East Atlantic Avenue east of the Waterway which had been smeared with paint,for which no permits wero issued. On suggestion of the City Attorney, a motion was made b_y CouncilmanHolland that the Building Inspector A u contact the lga orporation for conformance with the City ordinance pertain.ing to erection of signs (~-ck Lot 140 and Block B, Reid's Village). The motion was seconded by Councilman Sundy and carried unanimous 1 y. Mayor Strong suggested a parki~ area be filled in for the colored swimming area in Palm Beach Shore Acres. The City Manager was instructed to take appropriate action. Mayor Strong asked the Council to consider selecting a site for the new fir e station. Upon motion of Councilman Holland, seconded by Councilman Sundy and unanimously carried, Lots 13 through 16, Block 52, were selected for a future site for the new fire station. Mayor Strong then suggested that t he west end of the City owned parking lot aePth of the Seacrest Hotel be selected as a sub-station for the beach area. A motion was ___me_de by Councilman Hblland, seconded by Councilman Sundy, unanimously carried, that the matter be referred to the Planning Board for future planning. Mr. MacMillan advised the Council that he had met with the representative of the Municipal Code Corporation and he read several changes and additions which he reco ~ended including in the 27, 1954 codi fic ation. Upon motion of Councilman Sundy, the City Attorney was instructed to take proper ~action to effedt the changes. The motion was seconded by Councilman Holland and unanimously carried. The City Clerk was amthcrized to appropriate $96.00 for the purchase of lights to be installed in the City Hall, due to recent changes in office locations, upon motion of Councilman · Holland, seconded by Councilman Sundy and unanimously carried. The meeting then adJ~ourned. A~PRO VED: Cit'y Clerk