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01-26-53 Regular meeting of the C~ty Co~nc]l of the City of Delray Beac~.. was held in the Council ~hambers at 7:30 P.~¥~. with i~layor L. D. r~ern in the 'Chalr, and C~.ty Attcrney ;~eil E. ~'~ac~[[llan, Cit~~ x~anager Robert Lovelace, s~'.d the following ~ouncilmen pre- sent: ~. J. Holland, '~. A. oscobs, and John l~. x.abler, a quorum being present. Upon motion of Oouncilman ~sbler, seconded by ,Councilman Jacobs, and unanimcusly carried, minutes of meeting held January 12th were approved as written. ivlr. E. A. Halstead, representing the Recreation b!~b, ap- peared before the Council with reference to t~ recent resurfac- ing of the Shuffleboard Courts. He claimed that one Court has been replaced and made 12' longer than the originsl Court, which makes it difficult to play on. He ,~].~ ~om~lsined th, t the ~'ull- eys st the ends of the Court are too. deep, ~d there is no score board, and asked the Council to have these faults corrected st once, as their members are mostly elderly winter visitors and the Shuffleboard Courts are an important attraction for the City. City I¥~anager Lovelace explained that the new Court ~d been ~,o. xs DeDartment had been ~ut in as requested, and the Public ~ instructed to make the above changes, but that crews had been '~snowed under~ on the Atlantic Avenue mr oject now in progress. However, he ~oped ~o have this work done right A letter from the P~m Beach County Voiture No. 290, Porty and Eight, requesting a contribmtion of~O0.00 sdve~t~se Palm Beach County an~ the C~ties therein, by distri- buting a~vertislng and publ~city pamphlets at t~e ].9~3 American Legio~ ~onvemtion to be held ~t St. Loois in August, was read by the City i¥~a~ger, as follows: ~January 21, 19~ De!ra~ beach City 'Commission City .all Delray ~' ~ ~ Be ~c~, ~lori~ Gentlemen: F~ithout meaning to discount the dr_rustic p~blicity job Paul !{evere once ~id, it still remains s likely probability that ha~ he m~e more noise and dropped a few Colonial bes~ttes along the ~ to 5istrlbute soitsble leaflets, the Red Costs wo~ld never have made the beach at Boston Harbor. Perhaps it's pretty far fetched to call Ps~l Eevere's ride a matter of publicity. How- ~v~-- ~h~ lm Be~ch County Voiture Localo ~o. ~0 plans to send its locomotive an~ box car to the 19~3 American Legion National ~on- vention at St. Louis in August a~ we feel that by ~i~tributing oriented matter about P~.lm Beach County ~nd its various munici- palities together w~th ~ sprinkling of cocoanuts or other %terns .~t the various stops along t~oe wat~, enough publicity will be gained to far more than co~oensate ?or the expense of the trio. At the ~ational Convention, the locomotive and box aar, with olenty of "whistles" ~ , will attract the attention of those going to and from the convention m~itorium. The box car will alamo be oarked in a down-town spot to ~istribute advertising an~ nublt- city pamphlets from the P~lm Beach ~o~nty ares. ~';e will hire local St. Louis girls to help distribute the material too. On the wsy to ~n~ from St. Louis, the box cst delegation will arrange to schedole stops ~n many cities entoute and have Voitures and American Legion Post officials gre~t sn~ ~eet ou~ local boys, which will provide more opportunities for the dis- tribution of ?alto Besch Gounty literature. It will t~ke a total ~mo~nt of v~,O00.O0 to pay the exoenses of a~vertising Palm Beach County an~ tDe cities therein. ~Je believe that the Delray ~each ,City Commission will feel well justified ia contributing ~500.00 toward this amount. We know that the advertising will be worth far more than its small cost and sin- cerely hope we can count on your support. Very truly yours, /S/ William k. Boothe Chef de Gare Palm Bea. ch County Voiture No.290 Forty and Eight" Er. Lovelace recommended that the request be either denied or referred to the Chamber of Commerce for consideration from their budgeted advertising funds as this is the only item set up for a~vertising purposes in our current budget. 'lhe Council agreed to refer the request to the Chamber of ~ommerce, as suggested. Second and final estimate in the amount of ~ 3,709.82 from the Trieste Construction Company, Inc. on ¥~ater Tank Founds. tion contract was presented by the City ~:ianager, stating that the work had been satisfactorily completed. Upon motion of Councilman Holland, seconded by Councilman Jacobs, and unanimously carried, the above estimate was approved for payment. _ Laud F'tnal estimate from Powell Brothers, inc., of Ft. er- dale, for construction of seawall, and dredging of City docks, as per contract, was filed by the City I~,anager, in the amount of8 5,061.39 . ~lr. ].ovelace explained, however, that some extra work had been necessary to reulace piles which were b~dly placed, ha~ rot- ted out, or were too short, an5 it was cheaper to do this work while the pile driver was available, 3uch extra work consisted of the following: One creosoted pile pulled and redriven - 8 creosoted piles pulled and disposed of- 80.C. 0 11 creosoted piles Ft~nished and driven - 650.00 Total ................. 765.00 Total amount due .... Mr. Lovelace stated that the work had been completed, and had been inspected by him and the 'City ~"ngineer, and he recom- mended payment of the contract in Full, ss above. Upon motion of ~ouncilman Kabler, seconded by Councilman Holland, and unanimously carried, final payment on contr'~ct for Dock Improvements was authorized, in the tiotal amount of City Manager I. ovel?ce then advised the Council that the open- ing of a railroad crossing at ap?roximately N.E. 15th Street,to connect with Lake Avenue east of the railroad tracks, would in- volve the purchase of portions of Lots 116 and 117 of Section "A" of Pltumosa Park. However, the owner, ;~r. A. G. Pruyser,Sr., preferred to dispose of ali of Lot 117, as the street would use the north part of the lot, leaving only a small triangular oortion which would have no value, l'~ir. Pruyser was asking ~ 1200.00 for the land, plus the cost of paving the abutting .ortion of the east one-half of i~.E. 3rd Ave. in the amount o£ 536.99, or a total cost of ~ 1,73~.99. 'he purchase of this land was recommended as outlined. After consideration by the Council, a motion was made by Councilman Holland, and seconded by Oouncilman ~,abler, that pur- chase of a portion of Lot 116 and all of Lot 117, Section ~A", Plumosa ~ark, be authorized in the total amount of .~ 1,736.99. Upon call of roll the motion carried unanimously. JAYU^~Y 26TE, 1953 With reference to the purchase of land for sn additional water supply well, C~t~ l¥~anager Lovelace stated that a test well had been driven on lot 12, Block a0, located on the N.E. corner of S.E. 1st Ave. and ~th Street, and a good source had been found there. He explained that the lot is owned by lv~r. R.C. Lawson, who will sell the land for ~1,000.00 with ~t~pul8tions that the well will be underground, and that the City will agree to dedicate an ~lley along the east side when and ~f anslley ls dedicated through the lots to the north in this block~ to the same width (not exceedipg 16 feet). ~ip. Lovel.~ce felt that this is the best sits that can be acquired, and recommended purchase on the 8bore terms. Upon motion of Councilman Kabler, seconded by Councilman Holland, and unanimously carried, the Council authorized the purchase of Lot lg, Bloc~ 9;0 from ~.r.h.G. Lawson, as an addi- tional '~ell Site, for a price of .$1,000.00, and upon the terms outlined ~bove. A letter from the City i~'~anager, addressed to the Council, recommending the purchase of an Aerial ~isp from the Aero Servlc~ Corporation of Philadelphia, at a price of ~1,800.00, without competitive bidding, was read ss follows: "J~nusr~ 26, 19~3 ~lembers of the City Council City of Delray Oesch Florida Gentlemen: When the item for t~e aerial map in connection with the City Planning efforts was budgeted last fall, two aerial mapo~ng concerns were contacted to secure budget estimates ~or the ser- ial maoping of the City. ~e memoranda, which might be considered competitive bi~s, and which supported the bodget estimate, are now missing, so that the second Company is not ~dentified, but it is believed to be the Abrams Aerial ~app~ng Service. Anyway, the two prices submitted were ~2,100.00 by Abrams, or whatever the other Company was, and $1,800.00 by the aero Service Corporation of Philadelphia, providing, in the later case, that the work could be done at the same time that the Aero Service Corporation would have mapping planes in lower Florida early in th~s year in connection with some aerial map- ping being done by the Air Forces at 0pa-Locka. The item was therefore budgeted at $1,~00.00 with the in- tention of accepting the Aero Service Corporation estimate. Noth- ing further was done about thisproject however, ontil the Chair- man of the Planning ~ssoci~tion w~s contacted some t~ee weeks ago by the F~eld SUperin~tendent of the Aero Service Corporation, who informed ~r. ~cKean that the planes were here and ready to go, and the weather was right, and the price quoted would only hold if work were done at that time. Be!iev~ng the proposition to be in the best interests of the City, ~r. NlcKean authorized the work, and it is my opinion that the proposition c~n now best be handled by treating the ofCer ~nd the contract with the Aero Service Corporation in the amount of ~ I,~00.00 as ~ purchase without competitive bid~ng. I request approval of this transaction ~nd ~uthority to purchase the ccmr~leted map at the $ 1,000.00 price stipulated. Yours very troly, /S/ ROBERT LOVELACE Cit~ ~,,anage r ~ir. Lovelace further explained that many uses can be made of this map, such as - Vacant Land use; locating arterial streets; location of buildings for fire and assessment use, etc. ~he Company w~ll also furnish a "blow-up" o£ a certai n section which would be valuable in establishing parking areas in business sec- t~ons or for other purposes in any other section. He believed it to be a very good i~vestment and recommended approval of pur- chase of the ~ap. The following Resolution was then ~resented, and~ read in full: RESOLUTION NO. ~,~90 A RESOLUTI0~'~ OF THE CITY COUNCIL OF THE CITY Oi;' DELRAY BEACH, FLORIDA, APPROVING THE WRITTEN RECOE]ViENDATION OF THE CITY ~A~AGER TO FUHCHASE AERIAL ~[AP 0F CITY FOR $ 1,800.00, F}i0~/[ THE AERO SER- ViCE CORPORATION OF PHILADEILPHiA. BE IT RESOLVED b~~- the ~ity Oouncil of the ,City of Delray Beach, Palm Beach County, Florida, ss follows: That the City of Delray Beach, Florida, follow the written recommendations of the City ~ianager to the City ~ou. ncf~, under date of January 26th, 19~r3, in purchasing aerial map of the City repared by the Aero Service ~orporation of Philadelphia, for 1,.$00.00, without competitive bidding, as being in the best interest of the City. PASSED AND ADOPTED this 26th day of January, A.D., 19~3. /s/ _L. D. ern ~[ayor ATTEST: /S/_ Ruth R. Smith '' C'i'ty Clerk ( SEAL ) Upon motion of Councilmar~ ~abler, seco.nded by bouncilman Holland, and unanimously carried, the foregoing Resolution No..~90 was adopted as read. Cit~~ i¥lanager Lovelace advised the Council that he had receiv- ed an offer to purchase ~,000.00 i~efunding ~onds, Series 19~1, ~ 97~ plus accrued interest. He stated that there is a surplus in the Dept. Service account, over the semi-annu~.l interest pay- ment due July 1st, 19~3, and recommended this.purchase, at an ultimate saving to the City of approximately ~9000.00. Upon motion of Councilman ~acobs, seconded by Councilman Holland, and unanimously carried, the purchase of $~,000.00 Refunding ~onds was a,sthorized, as outlined above. Recon~endations of the Zoning and ]lanning Board, with r~ference to raquests for reclassification of zor~ing, and allow- ance of a variance from zoning restrictio~s, which had been re- ferred to this Board by the 'City Counc~l, were read as follows: "January £~lembers of the Cit~ Council .City of Delra~ Oeach, Pla. Gentlemen: The Zon.~ng ~nd Plann~ng Board met on January 15th to con sider two requests which you referred t o us, and we make the fol- lowir~.g recommen, dations: JANUARY o~w 1953 1. Request for dev~.ation from 12' ce!l~.ng height for I'Howard Johnson~ Restaurant to be constructed on the northeest corner of ~he ~. Federal ~fg~hwa~' ~n~ ~;'!~s~ Street. As the plnns are st~n~r~ for ~oward Johnson b~il~ings~ ns used ~n man~ other Cities, ~nd a~ a complete v~nt~lating system will be inst~ll~d, we recommend] tha~ ~ devi~t~ on be ~pproved to s!low a ceiling height of 9'~" for this building. 2. Request fil~ b~ ~r. ~arren G. Or~es for the rezo~ing of t~e ¥~. 1~0' of the ~. 1/2 of ~]ock 1~, except the ['~. 110'. A he,ring wns held on Januar~ 22nd, at which tim~ onl~~ one objec- tio~ was filed, which was later withdrawn whe~ it was pointed out that ~p~roximatet~" 80~ of th~ ~re~ would be used for ~rivate park- ~n6 ~urposes in connection with ~r. Grimes' apartment buildings, ~nd that no ~t~re apartment co~s+r~ction could be ~llowed c~use of parking space requirements. ~e ~!so feel that th~s land is not suitable for residential purposes ~ it ~s ~ot ~ccesslble from ~ny Street. Therefore, we recommend ~h~t the req~est f~ rezonfng fro~ Residence ~'A" to ~n Apartment zone be gr~nted. Ve~v_~ tr~sly yours, DELRAY BEACH ZOi~ING & PL~N~ING BO ~RD BY /S/ Kenneth Jscobson Chsirman ~fter discussion, a motion was made by Co~ncilman r[abler and ~econded by ~ouncilman J~ccbs, that t~,e ~ ecommend~t~on w~_th refer- e~ce to rezoning the ". ]70' of the N. 1/2 of Block 16~, except the ~. 110' from ~ Residence 'A' zone to sn Apartment zone approved, ~nd the necessary amendment to the ~_~onmng Ordinance be prepared by the Oity Attorney. Upon call of roll the motion carried uma nimous 1 y. Cou~cilman ~acobs objected to allowing a deviation from t~ 12' ceiling height requirement for the constrnction of a "h~rd Johnson~ Restaurant on the N.~. corner oE the N. ~'ederal Highway st 1st Street, as other similar applications had been t~rned down by the Council. =~'ne~ that this 12' ceJling height However, i~r. Lovelace ~~ requirement, was intended to proa, ide ~niformity in buildings in business sections, an5 to provide sufficient si~ end ver~tilation. As the proposed building is standard in 5esign, for all Howard Johnson restaurants in al]~ Cities, an~ as it will be completely sir-cor~iti~ne~, he recom~,ep~ed theft the a[,plicat.?on be approved. A motion was then made by Councilman Kabler end sec!-~r~ded by Co~ncilman gollsn~ that the recommend.~tion of the Zoping and PI. arm- ing Boar~] be approved, and that the requested variance be allowed. Upon call of roll the motion cs. rried unanimously, l~a~-or ~ Councilmen Kabler amd Yo].land vcti~g in favor of t~e motion, and Councilman J.~cobs voting ~No~ for the reasons aa stated a~ove. The following recommendation of the Zon~n.~ ~ and Plannlrg with reference to providing sufficient park~t~g space i.n bras!ness sections iD the future, were read as follows, anti discussed by the C ounci I: A. One c~ar space for each 300 sq.ft, of floor area for e.sch new retail store, B. One car sFace for each 100 sq.ft, of any new restv~rmt, auditorium, or similar building where people m~ngregate, C ~ihat the City acquire land in the ~ .... own-town business section to be perrsar~ently operated as pg'king lots. I~lr. Lovelace agreed that adequate parking facilities sro essential in down-town ~, ~ b~s~ness sections, and st~ted that he be- lieved that the City Plan now bein~i prepared will include some recommendatJcns. However, he offered to secure more detailed in- formation from experience of other' Gities, etc., f~ study b~. the Counc il. 26TH, 953 The following Ordinance was then presented for first read- ing, ~.nd same was read in full: AN 0[{DINANCE OF THE CITY COUNCIL 0~~ THE CITY OF DELRA~ BEACH, PLACING THE WEST 170 FEET 0P ~HE NORTH ONE-H/~LF OF ~iUCK LOT 16}%, EXCEPT THE NORTH 110 FEET TNEREOP, CITY 0F DELRAY BEAC}I, FLORIDA, IN AN APART~iE}~ HOUSE DISTRICT. Upon motion o~ Cou?~c~lmsn a~bler, seconded by CouDcilman Holland, and urJanimously carried, the foregoing Ordinance was placed on first re~ding. The following Ordinance was then brought up for second a~ final reading, and same was read in full: ORDIN~N:C~ NO. G-!~8 AN ORDiNA~CE 0P THE CITY ~O~NCIL OF THE CI~ 0F DELRAY BEACH, PL~Oi~G ?~EST HALF (LOTS 1 - 12,_ INCLUSIVE), CITY OF DELRAY BEACH, FLORIDA, IN "LI~%~ITED BUSINESS DIS?RICT." BE IT ORDAINED BY THE CI~ COUNCII 0F THE CITY OF DELEAY BEACH, ~.ORIDA, ~4 FOLLOWS: SECTION 1: That the following described property in the city L~m~ted Business of De}ra~ ~h, FloridB, is hereby placed in" ' ' Distrmct as defined by Chapter XX of t}~e City Code of Delray Beach, Florida, to wit: A].I the West one-half (W~), (Lots 1 through 12, in- clusive) of Block 82, City of Delray Beach, PloridB, ~ccordfng to Plat thereof on file in the Office of the Clerk of the Circuit Court, Palm Beach 'County, Florida. SE~OTION 2: The City Building Inspector shall, upon the ef- fective dBte of th~s ordinance, make the necessary change in col- oring on the Official Zoning ~ap of the City of Delrsy meach, Flo- rid~, to co~fo~ with this ordinance. PASSED in Regular Session on sec{.,nd and final reading on this the 26th day of ~8nuary, 19~3. /~/ L. D. ~ern ~iayor ~TTEST: /S/ h~th R. Smith ~gity Clerk 1st R~d!~g: Januar~ 12, 19~3 2nd Reading: January PASSED & ADOPTED: JanuarN 2(~, ]-953 'Upon motion of Councilman Z~bler, seconded by Councilman Holland, 8nd unanimously carried, the foregoing 0rd~nance No. G-15a was passed ~nd adopted ~.s read. ~;o ~mendments to the City ChaPter were proposed by the City ~'.anager, as follows: 1. To estBblish a ten-year term aa the maximum term for Revenue Certificates. (The ChaPter now provides that Revenue Certificates ruby be issued onl~ for "ten years from the adoption of the Charter", or De- cember 30, 1949). This causes sn ~ndue hardship in financing needed improvements. J~u~Y 26TH, 19~3 2. To eliminate a Primary Electior~ when not more than twice the n~mber of candidates file to fill the vacancies on the Council. This would eliminate unnecessary expense of the Primary Election, but would not affect the privilege of a write-in ~ote at the ~ener~l Election. Councilman Jecobs asked that a prov~sion be included to make it ~ossible to place the name of a condid,~te on the ~eneral Elec- t!on ballot by ~circulating ~.. petition and obtaining the signa, tures of at least. 20~ of the qu~li?ied voters. After consideration by the Oo~nci!, a motion was made by Councilman Kabler, ~nd seconded by Oour. c~lman J~.cobs, that the City Attorney be instr~cted to .~re~re proposed Charter amend- ments as recommended by the C~ty l¥,an~ger, to include the pro- v~sion for filing a aet!tion to ~lace the name of ~ csr, d~.date on the General Election ballot, as requested by Councilman J'~cobs. Item No. 1~ on the Agenda was not considered at this meetiag, as an agreement with mr. Riley and mr. Plaxico was expected to be reached. ~Ir. ~. P. Nelson, owner of a home on the north side of N.E. 3rd Street at the Intracoastal Waterway, appeared before the Council with reference to the seawall which the City has construc- ted at the end of' the south half of Third Street. Mr. Nelson asked that the City allow him to construct a diagonal seawall to connect his wall with this portion of wall which the City has built at the end of 3rd Street, to prevent his existing wall from further deteriorating, and agreed to pay 2/3 of the cost of such wall if the City would pay 1/3 of the cost. City ~,ianager Lovelace, however, felt that not enough public benefit would be involved te warrsnt the expenditore proposed for the City, and also that the City wo~ld not have the right to share in the cost of a bulkhead on private property as suggest- ed. He recommended that ~'.'~r. Nelson be oermitted to construct diagonal wall to tie into the north end of our wall, but: at his own expense entirely. After further disct~ssio~, it was the ccnsensus of opinion of the Council that the City can not ~articipate ~n the building of a seawall not entirely on 0ity property, and no ~ction was taken on the request. Application for transfer of lice~se to sell Deer a.~d Wine at the East Coast Gardens, located at 27 N.~. 5th Avenue, from Lill~an Anderson to ~&illiam and Elizabeth ~ecker was filed by the 'City ~[anager, together with the written consent of I..illian Anderson to this transfer. Upon motion of Councilman Holland, seconded by ~ouncilman r~abler, and unanimously carried, transfer was approved. Application for license to sell beer and wine at 202 eral Highway, in connection with restaurant to be known as the Casa i~arts Italian Restaurant, Walter P, ibatto, applicant, was filed by the City l~snager, who stated that police record had been checked and found satisfactory, but that parking facilities are poor, as cars will be nosed into the front or side of the bu.~ld- ing which will mean that they must back out on the Highway or ~th Street. He recommended that license be denied for this reason. The Council, however, did not fee]. that license could be denied because of lack of ~'srking fac~.lit~ss, and after discussion, ~Councilmar. K~bler moved that license be approved s~bject to the approval o? the City l~anager and the Po]ice Chief as to provis- ion of parking ~pace. Uvon call of' roll the motion carried. ~Jayor Kern, and 'Councilmen Holland and habler voted ~n favor of t~;e motion, but Counc-~!m.~n J~cobs opposed, stating that he ob- jected to allowing another beer and wine license on ~th Street be- cause of ?rev:~ous protests From por~erty owners in that vicinity. Upon motion of Councilman Kabler, seconded by Councilman Holland and unanimo,~'sly carried,lice~se to sell. beer and w~ne for consumption off the pre~fses at 122 N. ~'ederai ~iighway, in con- nection with ~¥,arkman's Delicatessen. i~udolph l~,arkman, a~p_licant, was a~proved. Ail requirements of ~he Liquor Zoning Ordinance JANUaryS' 26TH, 19~3 would be complied with. City ~anager Lovelace then advised the Council that an item of .~1800.00 had been set ~3.p in the current budget for a Secre- tary for the City Manager. He felt that the City would be best served by the transfer of this item to the City Clerk's account to allow the employment of a second full time assistant to the 'City Clerk, and asked the '5o,3ncil to a[~prove such transfer. Upon motion of Oouncilm. an Jecobs, seconded by Councilman Holland, and unanimously csrried, transfer of item of ~1500.00 from the City ~¥1anager's budget to the City Clerk's budget, as outlined above, was approved. Re~ort of the Electrical Examining Board ss the result of an ex,gmlnat!on given recently, was read as follows: Upon motion oF ~Councilman ~lab!er, seconded by Oouncilman Holland and unanimously c,~rried, t he above recommendation was api:~roved, that .[~lectric,~ml Contractor's license be granted to V.L. Burkhardt, of ~est Palm Beach, doing business as the Arrow Electric Company. ,Oity [~,snager Lovelace then explained to the Council that the Cushman Corporation of '~¥est Palm Beach elan to build ?~ homes along the east line of t>lumosa rark 8n~ a section of Northrtdge to be an~exed. The normal orocedure has been to make an allow- ance on taxes until 602~ o.~ ~he lots have been sold, and to allow exemption from dept service on land annexed. However, the de- velopers do not want to take advantage of these privileges, but have asked that tapping charges and meter deposits for water connections to each lot, amounting to ~2rf.O0' each, be waived, as they plan to have the houses sold by the end of t!-:is year. The Co~ncil felt that. the ~ater Department should be oaid for these tapping charges and meter deposits, and upon motion of Councilman Kabler, seconded by Councilman Holland, and un~ni- mou~!y carried,the request was denied. No action was taken on request filed by ~. D. l:riest, Jr. that the Cit~ purchase right-of-wa~~ along the west side of hls property located on ~.W. 7th Ave. at ;%th Street, for the ex- tension of ?th Avenue st some time in the future. The meeting then adjourned. City Clerk AP PR 0 VED: ~yor