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04-09-51 APRIL 9, 1951 A Regular. iV~eting of the City Council of the City of ~elray Beach was held in the Council Chambers at 7:30 PM with ~iayor J. ~-. Saunders in the Chair, and citY Attorney John Moore, and the following Councilmen present: ~. ~, Jacobs, R J Holland, John N. Rabler, and Walter A. Roth, a quorum ~being pre sent. A request from Mrs. Wreidtmeyer was discussed with regard to removing a telephone booth in the City Park east of Lot 7, Block 126, to allow a right of way to ~er property. After discussion as to the agreement when the property was purchased, the request was turned over to the City Attorney to check the agreements made between the City and owners in this block when the road was moved east along the canal. Motion was made by Councilman Holland, seconded by Council- man Roth and carrie d unanimously. The Council discussed bulkheading at the ends of NE 2nd and 3rd Streets and Councilmen Kabler, Holland Roth agreed to meet with Mr. Wellbrock and Mr. 0 'Neal, developers of Runnymede Sub divi si on. Mr. Duncan Hunter, for the Boat Club, requested permission to have two boat races, one May 13 and one July 1st. He stated they would use the Canal unless Lake Ida has enough water for the races. The Council requested the Boat Club to report boat owners who do not cooperate in keeping noise of motors down, and the City would swear out warrants for arrests as creating a public nui s anc ·. Payment of $150.00 each for trophies for two boats races was approved, to be charged to the Jr. Chamber of Commerce appropria- tion. A request from J. W. Nowlin for the City to vacate a 15' strip of land north of Lot 1, Block E, Palm Beach Shores, was referred to the City Attorney for recommendation at the next meeting. Motion made by Councilman Kabler, seconded by Councilman Jacobs and carried unanimouslyl Mr. John Bashaw's request to operate a Trailer Sales lot on Lots 1 and 2, Olock 105, on North Federal Highway, was denied by the' Council. Upon call of roll, CouncilmenKabler, Jacobs, Holland, and Saunders objected. A Committee censisting of Attorney J. ~. Nowl in, John Tallentire, and John Kabler was appointed to draft a Civilian Defense Ordinance for presentation at the next meeting. Motion was made by Councilman Holland, seconded by Councilman Roth and carried unanimously. APRIL 9, 1951 A Request from Dr. W. C. Williams was discussed, with regard to a refund for a building permit which was not used. After discussing provisions not being included in Ordinances for any refunds on building permits, Councilman Kabler made a motion the City deny the request. The motion was seconded by Councilman Holland and upon call of roll, Councilman Roth voted against the motion and Councilmen Jacobs, Kabler and ~olland voted in favor of it. City Manager Black reported that a representative of the Corps of Engineers had advised that instead of 125' channel, they are going to dredge only 100' wide and 9' deep instead of 12'. ~e stated the plan was to only widen the channel eastward, not to deepen it. City ~{anager Black suggested postponing action~. until more information was received. Councilman Roth moved that the City Manager continue his pro- cedure and acquire written approval of leaving water main as it is. Councilman Holland seconded the motion which carried unani- mously. Appointment was made of John Breze for a period of four years on the Civil Service Board, as moved by Councilman Roth and seconded by Councilman Kabler. The motion carried unanimously. The following Ordinance was presented on first reading: ORDINANCE NO. G-120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DEFINING THE MUNICIPAL DEPARTMENTS OF SAID CITY, PURSUANT TO THE TERMS OF EXISTING CITY CHARTER, AND IN CONJUNCTION WITH THE EXISTING CIVIL SERVICE ACT,AND PROVIDING A SAVINGS CLAUSE THEREFOR~. Councilman Roth moved the Ordinance be placed on first read- ing and Councilman Roth seconded the motion which carried unani- mously. It was reported that a convention of the American Planning and Civic Association was to be held in Miami April ll through 14th. Upon motion of Councilman Jacobs, seconded by Councilman Holland, authorization was given the Planning and Zoning ~oard members to attend the convention and to allow them the expense of gas and meals. It was further agreed that Councilmen arrange to go with the Board members. The motion carried unanimously. The following Ordinance was then read in full: ORDINANCE NO. G-119 ~PRIL 9, 1951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 18 OF CHAPTER XIII OF THE CITY CODE, REGULATING THE SALE OF INTOXICATING LIQUORS, ~'INES OR BkER WITH- IN THE CORPORATE LIMITS OF SAID CITY WITHIN THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL OR CHURCH AND PROVIDING EXCEPTIONS THEREFOR. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: That Section 18 of Chapter XIII of the City Code be and the same is hereby amended to read as follows: "SECTION 18: No intoxicating liquors, wines, or beers shall be sold within the corporate limits of the City of Delray Beach, Florida, at any place of busineSs, location or establish- ment within three hundred feet of any established school or church; provided, however, that the above and foregoing shall not apply to any duly licensed grocery store selling wines or beers in packages, and for consumption off the pre~ises. PASSED in regular session on second and final read- lng on this the 9th day of April, A.D. ~1951. Mayor ATTEST: City Ulerk SEAL The following ordinance on hedges in business sections was read and upon motion by Councilman Kabler and seconded by Councilman Holland was placed on first re sding. The motion carried unanimous ly. ORDINANCE NO. AP~RIL 9, 1951 City Attorney Moore made recommendations for Charter changes stating that when changes are made a ten day notice has to be made for a public hearing on that change by publication. He suggested designating some night exclusively to Legislative Acts which are coming up. The Council agreed to set April 24th for hearing, on proposed Charter changes. Assessment on the Telephone Company personal property assess- ment was held open until the next regular Council meeting. The City Attorney ruled that the auditorium in the McCable Building, East Atlantic Ave., which is leased by the Unity Church, could not be exempt from the Tax Roll as the building is not owned by the Church. The Building Inspector reported on a request for permit to erect.~.a pipe shop from McFadden Furniture Company, Lot 13, Block 101. ~hts was referred to the City Attorney for his opinion as to zoning and his recommendation to the Zoning Board if he deemed advi sable. Motion was made by Councilman Kabler, seconded by Councilman Jacobs and unanimously carried. City Manager Black reported on pictures which had been taken of the Gladioli Far stating prints are posted in the Lion,s Club building. He recommended that one copy of each print be given to the Fair Association for their files and one copy preserved in ~he City files. Councilman Roth made a motion, seconded by Councilman Holland, that the City Manager's recommendation be accepted. Carried unanimously. The City Manager then recommended the procedure be for a semi- annual audit stating the City's operation was large enough to warrant an audit semi-annually. Councilman Jacobs moved that a semi-annual audit be made by Frederic Dunn-Rankin & Company. The motion was seconded by Council- man N~lland and carried unanimously. The Council discussed a request from H. A. Hubbard that the 1950 personal property tax on the Martanna A~partments be reduced. Mr. Hubbard stated he was willing to pay 10$of the assessed~'value but not ~2,000. The request was referred to Mr. ~orthing, Tax Assessor, for investigation. Motion was made by Councilman Kabler, seconded by Councilman Jacobs and unanimously carried. The procedure for applicants for City Manager was discussed. Councilman Kabler moved that the list of procedure be approved with the exception of a 90 day trial and if applicant requests it, he be sent copies of the Charter, Civil Service Act, and current Budget. Motion was seconded by Councilman ~lland and carried unanimously. APRIL 9, 1951 Bills totalling $29,298.13 were~ approved for payment subject to the Finance Committee. Av~tion was made by Council- man Jacobs, seconded by Councilman Holland and unanimously carried. A peddler's license was granted to Stain's of Fort Lauder- dale upon motion by Councilman Kabler and seconded by Councilman Roth. The motion carried unanimously. The meeting then adjourned. (Taken from notes made by Mrs. Smith)