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03-23-53 MARCH 23RD, 1953 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 L.D. Kern in the Chair, and City Attorney Nell E. macmillan, City Mana- ger Robert Lovelace, and the following Councilmen present: W.A. Jacobs, John N, Kabler, R. J. Holland, and Alma K. Woehle, a quorum being present. Upon motion, of Councilman Holland, seconded by Councilman Kabler, and unanimouslycarried, minutes of regular meeting held march 9th were approved aswritten. Application of Carl Helander for permit to construct an awn- ing car shade on his Used Car lot located at 411 N. Federal High- way, was filed by the City Manager, who advised that it was pro- posed to erect the awning in front of the office building in the center of .the lot, and that set-backr equirements would be com- plied with. He recommended that permit be granted. Upon motion of Councilman Holland, seconded by Mrs. Woehle, and unanimously carried, permit was approved as requested above. A tabulation of bids received at noon on March 20th, 1953, for furnishing and installing an Altitude Valve at the Water Tank in the northeast section, were opened by the City Manager int~ presence of Howard L. Cromer, and ~r. A1 Avery representing the Trieste Construction Co., was filed by the City Manager, who re- commended that contact be awarded to the low bidder: Trieste Construction Co. $4.945.00 Howard L. Cromer ~662.00 Upon motion of Councilman aabl&r, seconded by Councilman Hol- land, and unanimously carried, the City Manager's recommendation was accepted, and contract awarded to Howard L. Cromer in the amount of $ 4,662.00. · ' Proof of publication of notice of Public Hearing for objec- tions to certain proposed Charter amendments was filed by the Clerk, as follows: NOTICE OF PUBLIC HEARING In compliance with Section 191 of the Charter of the City of Delray Beach, notice is hereby given that a public hearing will be held on Monday, March 23, 1953 at the hour of 7:30 P.M. at aregular meeting of the City Council of the City of Delray Beach. The purpose of said public hearing is to discuss the follow- ing proposed amendments to the Charter of the 'City of Delray Beach, copies of which are on file in the Office of the City Manager, and which will be submitted to the 1953 Session of the Legislature, to wit: (Copied in minutes of March 9th meeting) AFFIDAVIT OF PUBLICATION DELRAY BEACH NEWS Delray Beach, Palm Beach County, Fla. ATATE OF ~ORIDA COUNTY OF PALM BEACH Before the undersigned authority personnaly appeared G.Moore Lapham who on oath says that she is Editor, Gen. Mgr. of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a Legal, was published in said newspaper in the issues of March 12, 1953. Affiant further says that the said Delray Beach News is a news- paper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously publish- ed in said Palm Beach ~County, Florida, each Friday and has been en- tered as second class mail matter at the post office in Delray Beach, in said Palm Beach County~ Florida, for a period of one year next preceding the first publication of the attached copy of advertise- ment; and affiant further says that she has neither paid nor promis- MARCH 23rd, 1953 ed any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pub- lication in the said newspaper.. /S/ G. Moore Lapham (SEAn ) Public hearings were then held, and objections were asked for by the Mayor. No objections were received, and upon motion of Councilman Holland, seconded by Mrs. Woehle, and unanimously carried, the City Attorney was instructed to submit these pro- posed charter amendments to the Legislature for approval. TWo further proposed Charter amendments were then discussed, the first to empower the City ~Council to create ,a Planning ~om- mission, to study zoning and planning problems and make recom- mendations to the Council in an official capacity; and the second giving the City the power to engage in the purchase and sale of cemetery markers and equipment. City Attorney ~acMillan explained that Mr. Geo. W. Simons, Jr., Planning & Zoning consultant, had recommended an amendment to the City Charter to allow the City Council~ to officially create a Planning Commission, if it wishes, as an advisory Board, which Commission could recommend amendments to our present' Zoning Or- dinance to create new districts, provide for a Board of Adjustment (not members of the Council) and ultimately put our zoning and plan- ning procedure on an accepted basis. After consideration by the Council, a motion was made by Councilman Atabler that the City Attorney be instructed to prepare a charter amendment asoutlined above. The motion was seconded by Councilman Holland, and carried unm~imously. Date of Public Hearing on the above proposed ~Charter amend- ment was scheduled to be held on April 13th, 1953, at 7:30 P.M. With reference to amending the City Charter ~ provide for the merchandizing of ~Cemetery markers and equipment by the City, City ~ar~ger Lovelace explained that with the opening of the new extension to the Cemetery it ~11 be essential that ground level and uniform markers are provided, and by checking with other Cities he had learned that the only way to get such uniform mark- ers is for the City to supply them and to require that they be purchased through the '$ity. The experience of other Cities has been that in this way the citizens are better served in quality and at lower prices. An amendment to the Charter would be requir- ed to allow the City to engage in this activity. The Council did not favor the City carrying on such a busi- ness, but after discussion it was decided to defer action for fur- ther study. The following data prepared by the City Mamager to deter- mine the pro-rata share of the expense of operating our Fire De- partment, which would be borne by the Town of Gulf Stream if fire protection is furnished that Town, was filed as follows: mGulf Streamw ould like a~ answer to ~the que~t~ion of fire protection at the next meeting. We have made the survey you re- quested and the information is tabulated below. We are sending this information out aweek early so that you will have ample time to weigh any contract terms you wish to impose or consider. Also enclosed is a copy of the original estimate that the Town of Gulf Stream has expressed a willingness to meet. Additional terms, if any will have to, be negotiated. Cost of Operating Fire Department 1952-1953 - $27,500.00' Approximate Approximate Approximate Pro-Rata Shares No, of Struct~· Value of Area of Fire Dept. utes Structures 0per. Costs A/T Oelra $1 y2£ ,370.o0 4 sc. i.'* Values Protected Gulf Stream 90 1,842,500.00-* 6/10 sq.mi. 105 2,750. % G.S. to D.B. 3.37 11.35 12.4 11.1 MAR~¢H 23RD, 1953 * 4 3/4 sq. miles of land; 1/8 sq. miles of water ~* They use the County's assessed valuations, which are lo-er in rate than ours. The figure above is adjusted to our You will note that the figures indicate that a pro-rata shar- ing of the costs of operating the Fire Department indicates 'that Gulf Stream should pay us about $2,750.00 for fire protection. However, theirs would be ~secondary service, so some downward scal- ing of costs assigned would be in order on that score. But we must remember also that these are only operating costs, not including fixed costs or investment. We have, conservatively estimated, $75,000.00 invested in the Fire Department, and likewise conser- vatively estimated, we have a straight line depreciation ratio of 1/25 per year. That is, wearing of hose, ageing of buildings and equipment, etc., costs us, at the very least, another $3,000.00 oar year. So that our meeting of fixed and capital costs might balance the 'secondary service' factor. In fact, fire incidence is low in both Towns so, for all practical purposes, the one Fire Bepartment will give first line service to both communities. The only other pertinent information affecting the decision is that °oynton Beach has contracted in years past with Gulf Stream for secondary fire protection at $~00.00 per year, plus run costs. This contract expires April 1st.The service is inferior to ours - distant and volunteer, less well equipped. On the one hand, the $500.00 they offer is $500.00 we would not, otherwise, have. On the other hand, it would give them good fire protection at less than proportional cost, certainly at far less than they could do anything at all of value for themselves. If proportional payments were to be required of Gulf Stream, ad- ditional charges per run would, of course, be eliminated. The savings in insure, ncc charges alone to the property owners of Gulf Stream as a result of this, or other, contract will amount to far more than $2,750.00. Very truly yours, /S/ Robert Loyal, ce City Manager* ESTIMATE FOR FIRE PROTECTION FOR TOWN OF GULF STREAM Five Hundred Dollars ($500.00) per year maintenance charge plus: GENERAL ALARM - $4.00 per man attending for use of and #2 Pumper.......................'' $25.00 per hour or fraction thereof; for use of #3 Pumper-Booster ..... ..... 15.00 per hour or fraction thereof; for use of #6 Pumper-Booster .... . ..... 15.00 per hour or fraction thereof; for use of #5 Booster .... ... ....... ... 10.00 per hour or fraction thereof. SILENT ALARM - $2.00 per man per hour or fraction thereof (Grass, Brush, Automobile, Truck or ~isc.) SAME AS ABOVE FOR USE OF EQUIPMENT JAIL - $5.00 per day, or fraction thereof, plus meals. The above figures showed that the Town of Gulf Stream should contribute approximately $2,750.00 per year for fire protection. However, Mr. Loyal, ce pointed out that they could be guaranteed only secondary service for which some allowance should be made. ~Councilman Jacobs felt that any charge should be based on the cost of tl~ run only, as our equipment is sufficient without being increased and if no'service is rendered there will be no expense to this City. Councilman Kabler contended that it would not be fair to tam payers in this City to give fire protection to the To~n of ~ulf Stream for less than they have to pay, but he suggested that as MAR~H 23RD, 1953 only secondary protection could be guaranteed, a fee of $1,500.00 be charged, plus the cost of each run made. ~r. W. J. Bauer, Town Clerk of the Town of Gulf Stream, was presmnt, and advised the Council that they were anxious to make a contract for fire protection and Jail service with this City, although they can renew their contract with the City of Ooynton Beach. After further discussi, on, a motion was made by Councilman Kab- let 'and seconded by Councilman Holland, that subject to the approval of the City .Manager and the City Attorney, the City of Delray Beach enter into a contract with the Town of Gulf Stream for a period of one year, as follows: To furnish fire protection for a fee of $1,500.00 plus the cost of each run, and _ To furnish Jail Service for a fee of $135.00 plus $5.00 per day per prisoner, and plus the cost of meals. Upon call of roll the motion carried, Mayor Kern, Councilman Kabler, Councilman Holland and Mrs. Woehle, Councilwoman, vot- ing in favor of the motion, and Councilman Jacobs opposing it, as he felt such charge would be excessive and unwarranted. A letter from Mr. H. Ben Adams, on behalf of his client, Mrs. Thelma ~. Williams, with reference to the proposed development of Ocean Beach Lot 30, less the south one foot, was then read as follows: ~March 23, 1953 The Honorable Mayor and City Council The City of Delray Beach Delray Beach ,Florida Gentlemen: We are representing Dr. Robert E. Boswell and Mr. Richard L. Hol- ton on Ocean Beach Lot 30, less the south one foot, in Delray Beach, Florida. We have discussed with your City Manager the possibilities of put- ting aprivate road down the center of this property and selling parcels of property for home sites. We were informed by the City Manager that the city would not issue building permits and would not furnish water to these.propertiea,~ We have checked the city ordinances and bUild~'ng restrictions and believe we are well within all restrictions and regulations. We do not wish to Jeopardize our clients to the extent of their selling parcels and then having building permits and city water refused to t. he purchasers .of same. Therefore, we are asking you _ to give us a clarafication of the reasons why this would be re- Jected. Thank you very much for your cooperation in this matter. Very truly yours, MONTGOMEHY & ADAMS REALTY BY: /S/ H. Ben Adams* City Manager Lovelace explained to the Council that this pro- pose.d plan to develop Oceaa Beach Lot 30 had been referred to the Planning Association which concurred that an 18' street, even though aprivate street, is very undesirable, although streets have occasionally been accepted in the past which are narrower than the desired 50' right-of-way. In this case, however, there is the alternative of dedicating a40' right-of-way along the north or south side of the lot and provide one row of lots of 124.4 feet in depth which would give access to each home build, on a public street. He urged the Council to disapprove of the proposed development of this land. MARCH 23RD, 1953 Mr.. Adams then addressed the Council. He stated that the owner of this land intended to pave his own private street, put in water mains, and conform to all zoning and building regulations; and that in his opinion the City could not refuse to issue a build- ing permit, or to furnish water. He asked the Council to advise the City Manager that the proposed plat is not illegal and that the ~City must issue building permits and furnish water. After further consideration, no action was taken by the Coun- cil. Application for a license to sell Liquor at Le Domaine Res- taurant, located at 1133 East Atlantic Avenue, Donald Purslow, applicant, was filed by the City Manager, who stated that Mr. Put- slow is planning to construct a new building at this location, and the Restaurant Will be on the second floor with a seating capacity of over 200 chairs, and that the entrance is 323.8' from the Pres- byterian Church property on Bronson Street. As the Charter pro- vides that the application must be filed with the City ~ouncil for at least two weeks, he recommended that a public hearing be scheduled to be held at the next regular meeting, on April 13th. Upon motion of Councilman Holland, seconded by Gouncilman Kabler, and unanimously carried, the above application for license to sell liquor at Le Domaine Restaurant, 1133 E. Atlantic Ave., was placed on file, and a public hearing scheduled to be held on April 13t~ at 7:30 P.M. Application for a Certificate of Public Convenience and Ne- cessity to operate one additional Taxi-Cab in the City was filed by Mrs. Madeline Whalen, operating as the Airline Taxi, and same was read as follows: ~March 10, 1953 Member of City ~ouncil Delray Beach, Florida Genelemen: In re to our taxi operation, we hereby request a license for an additional cab. We have, as you recall, been granted a license for one cab, how- ever with our advertisement etc. we f Ine it difficult and impos- sible to render the service requested with the one cab, and are therefore requesting council to give this matter their attention and grant us a license for another cab. We would also like at the same hearing, permission to equip these two cars with Raytheon U-M 15-1 ~obile radios, complete with cry- stals for this particular channel. We are also at the same time asking the Federal Communication Commission, upon your approval, to operate radio cabs from 120 N.E. 4th Ave., ~I~elray Beach,Fla. and ten air miles. We have been overwhelmingly rec&ived by our friends and patrons since we started in business, that we hope you will give this your best consideration. In conclusion, we will try tp supply to council affidavits, wit- nesses etc. at the next meeting scheduled that we can be heard. Also if granted this license, both cabs will be painted all white with the trade name 'Airline Radio Cab of Delray Beach, Florida" and will be domiciled and garaged at 120 N.E. 4th Ave.,Delray Beach, Flori da. Trusting this will meet with ~ouncil's approval and thanking you for any consideration, I remain Yours truly, /S/ Mrs. Madellne Whalen# Upon motion of Oouncilman Hblland, seconded by Councilman Kab- let, and unanimously carried, the application was placed on file MARCH 23RD, 1953 and hearing for objections, if any, scheduled to be held at 7:30 P.M. on Monday, April 13th, 1953. The following letter to the Council from the City Manager, pertaining to the purchase of a fogging machine for mosquito spray- ing, was read: ~March 23, 1953 Members of the City ~Council Delray Beach, Florida Genelemen: The County Entomoligist, Mr. R. C. Ridgweay, expects that mos- quitoes will be plentiful this summer and has suggested that we supplement the County service with some local equipment. He has reco~mmended the 'Microsol# unit, which has given the County the best service, at a cost of $1'500.00 and which can be mounted on one of our regular pick-up trucks. I therefore recommend that this sprayer be purchased without competitive bidding, based on the experience of the County in us- ing this machine, and request authorization to purchase one "Mi- crosol' unit for mosquito spraying at a cost of $1500.00. Very truly yours, /S/ Robert Lovelsce City Manager" It was the consensus of opinion of the Council that some equipment should be provided by the City for the eradication of mosquitoes, as spraying done by the County is not sufficient, and the following Resolution was presented: RESOLUTION NO. 895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELR~ BEACH, FLORIDA, APPROVING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER TO PURCHASE MOSQUITO SPRAYING MACH I NE. BE IT RESOLVED by the City Council of the City of Delray Beach, Palm Beach County, Florida, .as follows: That the City of Delray Beach, Florida, follow the written recommendation of the City Manager to the City Council of t~e City of Delray Beach, Florida under date of march 23rd, 1953, in pur- chasing one 'Microsol= u~it for spraying mosquitoes at a cost of $1,500.00, as this particular machine is deemed most suitable for the City's use. PASSED AND ADOPTED this 23rd day of March, A.D., 1953. ~S/__ L- D. Kern MaYor ' -- ' ATTEST: /S/_. Ruth R. Smith City Clerk ( SEAL ) Upon motion of Councilman Holland, seconded by ~s. Woehle, and unanimously carried, the foregoing Resolution No. 895 was adopted as read. A tentative plat of lots adjoining the Municipal Golf Course, which will be offered for sale by the City, was presented by the City Manager for approval. Mr. Lovelace explained that dedicated streets in Homewood Subdivision cross several of the lots, which MARCH 23RD, ~953 streets will have to be abandoned. However eleven of the twenty- three lots are salable now according to the procedure set up by the City Charter, that is, base bid must be posted with the City Clerk, notice of sale advertised in a local newspaper for two weeks, and the lots sold at auction on date scheduled. Ail sales are then subject to approval by the City Council. Mr. Joe Rose, and Mr. Mike Blank, members of the Golf Com- mission, were present, and urged immediate action in selling some of the lots in order that work can be started by gay 1st on the new Club House. They recommended that a base bid of $1,200.00 be established for all lots except the two corner lots, which should be $1,500.00. Councilman Holland moved that the tentative plat as submitted by the City Manager be approved. ~he motion was seconded by Coun- cilman Kabler, and upon call of roll carried unanimously. A motion was then made by Councilman Holland that a base price of $1,200.00 be established on the eleven lots which are immediately salable, namely Lots 4, 5, 7, 8, 10,11,14,17,20,22 and 23. The motion was seconded by 'Councilman Kabler, and carried unadmously. Upon motion of Councilman Holland, seconded by Mrs. Woehle, and unanimously carried, the City Manager was authorized to proceed with the sale of the above listed eleven lots. A motion wasthen made by Councilman Holland t~hat all lots be sold with the following provisions: That they be sold subject to the operation of the Golf Course, and the sale limited only to one lot to a customer. The motion was seconded by Councilman Kab- let, and upon call of roll carried unanimously. Mrs. Woehle then moved that the zoning of these lots adjoin- ing the Golf Course be restricted as recommended by the Zoning and Planning Board. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. City Manager Lovelace advised the Council that the 1953 Real Estate and Personal Property Tax Rolls had been equalized, and pre- sented a Certificate signed by the ~ayor and attested by the City Clerk, as follows: mMARCH 21,1953 CERTIFICATION OF 1953 TAX R0~LLS We, the undersigned, hereby certify that the assessment rolls as shown by records in the Tax Assessor's office, have been re- vised and equalized, and hereafter the values fixed upon said as- sessment rolls shall not be changed. /S/ L. D. Kern may or /S. Ruth R. Smith.. · Clerk ( SEAL ) Upon motion of COuncilman Kabler, seconded by Mrs. 1~oehle, and unanimously carried, the above certification of the 1953 Tax Rolls was approved. City Manager Lovelace 'requested authorization from the Council to attend the ~'lorida City ~anagers annual convention to be held at St. Petersburg, March 29th through April 1st, with expenses al- lowed not to exceed $75.00. Upon motion of Councilman Holland, seconded by Mrs. Woehle, and unanimously carried, Mr. Lovelace was authorized to attend the above meeting and to be allowed expenses of $75.00 as requested. A report from the Zoning and Planning Board with reference to rezoning certain land in the A~.W. 4th Street area, which the ~ouncil had returned to this Board for further consideration, was read as follows: MARCH 23RD, 1953 'March 23, 1953 ~embers of the City 'Council Delra~ Beach, Florida Gentlemen: The Zoning and Planning Board met on March 13th and on March 20th to consider request for rezoning which you had referred to this Board, ~ and the following recommendations are made: That the zoning of Model Land Company's Lot 5, Section 8, be changed from Residence "C" to Residence aB' because of t l~e location of the land, adjoining the colored section. That a new classification be created which would allow single family dwellings only, but with a minimum square footage requirement of 896 square feet, to be known as a Residence 'BSF' District, and that the following land be placed in this z one: Ail of that area lying west of N.W. 2nd Ave., less the E. 135', to the R/~ of State Road No. 9, and north of N.W. 2nd Street to ~.W. 4th Street, less the south 150' thereof. This recommendation is made at the request of property own- ers in that vicinity who have asked for higher zoning than now exists but which wi. ll not allow the construction of duplex build- ings. Very truly yours, /B/ Kenneth Jacobson, Chairman Delray Beach Zoning & Planning Bd. ~ Upon motion of Councilman Holland, seconded by Mrs. Woehle, and unanimously carried, the recommendation of the Zoning and Planning Board to rezone Model Land Company's Lot 5n Section 8, Township 46 S., Range 43 E., from a Residence 'C"~strict to a Residence 'B' District, was approved, and the following Ordinance was presented for first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PLACING LOT 5, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOUTH. RANGE 43 EAST, IN A RESI- DENCE "B~ DISTIRCT. Upon motion of Councilman Holland, seconded by ~rs. Woehle, and unanimously carried, the foregoing Ordinance was placed on first reading. An Ordinance to create a new District to be known as a Re- sidence "BSF" District, to conform with all requirements of a Residence 'B" District, with the exception that no multiple units or duplexes shall be allowed, wasbrought up for first read- ing, and read in full as follows: ~hN ORDINANCE AMENDING PARAGRAPHS (a) AND (b) OF SECTION 6; AND SECTION 7, ALL IN CHAPTER XX OF THE CITY CODE OF THE CITY OF DELRAY BEACH, FLORIDA, BY PROVIDING A ZONING DISTRICT CALLED "RESIDENCE BSF DISTRICT': PROVIDING A COLOR FOR SAME; AND REGULATING USES THEREIN. Upon motion of Mrs. Woehle, seconded by Councilman Kabler, and unanimously carried, the foregoing Ordinance was placed on ~rst reading. Councilman Kabler then stated that two property owners, owning MARCH 23RD, 1953 twenty acres of the land it was proposed to rezone as a Residence 'BSF' district, lying south of N.W. 4th Street, and between N.W. 2nd Ave. and State Road No. 9, had not been present at the hear- ings held by the Zoning Board when such rezoning was considered. He contended that if duplex buildings are not allowed in that area it will not be possible to sell the land; that there is no market for abetter ~type single family building in that particular colored section. City Manager Dovelace agreed that at least 51% of the property owners should be heard before proceeding to change the zoning of the land, and suggested that the matter again be referred back to the Zoning and Planning Board for ahearlng with these property owners, and to ask the Board to then make a new recommendation. Upon motion of Councilman Kabler, seconded by Mrs. Woehle, and unanimously carried the proposed rezoning of the area lying west of N.W. 2nd Ave., less the ". 135', to the H/W of State Road No.9, and north of N.W. 2nd St. to ~.W. 4th St., less the south 150' thereof was referred back to the Zoning and Planning Board for further processing. Mrs. Alma K. Woehle, Councilwoman, advised 'the Council of the need of reorganizing a Civil Defense Group in the City. Under present Ordinances the Mayor is the Director and the City Council is the head of the Civil Defense Organization, and Mrs. Woehle urged the Council to initiate setting up an active ~ivil Defense Group at this time. She offered to assist anyone who is appointed Director. After discussion, a motion was made by Councilman Kabler, and seconded by Councilman Holland, that Mrs. Woehle work with Mayor Kern during the nexttwo weeks and submit a recommendation to the Council at its next reguXar meeting on April 13th, for a Director of the Civil Defense organization. Upon call of x~oll the motion carried, the vote being as follows: Mayor ~ern - Not voting Councilman Holland - Yes " Jacobs - Yes Kabler - Yes Councilwoman Woehle- No The meeting then adjourned. city Clerk APP ROVED .. Ma~or .......