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01-10-50 JAh~JARY 10TH, 19~0. Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at ?:30 p. m. with Hayor John N. Kabler in the Chair, and City Attorney John ~oore, City ~anager Charles E. Black, and the following Councilmen present: R. J. Holland, W. A. Jacobs, Walter A. Roth and J. L. Saunders, a quorum being present. Nayor Kabler announced that a ~ouncil Meeting Agenda was being tried as a means of speeding up meetings, and that the first item would be the approval of the minutes of the previous meeting. As there were no corrections to the minutes of the meeting held on January 2nd, these minutes were approved as written. Mr. Robert Gracey appeared before the Council in the interest of owners of property in Lake View Heights Subdivision, with reference to a request of Mr. Edwin J. Lockwood, owner of Block lA, Lake View Heights, that pine trees on City property in front of this property on N. W. 6th Street, be removed. Mr. Gracey explained that these trees had been planted by the developers of this Subdivision, and that property values had been er~anced by the row of trees along, this Street. Property owners had bought property there in good faith, he claimed, and were protesting against the removal of the trees. He contended that as Mr. Lockwood only purchased this property last summer, when the trees were full grown, he should have taken this into consideration at that time, or he should have come to the Council to request their removal before he decided .to build on his lots. Er. Gracey asked that the Council take no action until other property owners in this Subdivision were given an opportunity to be heard. Mayor Kabler suggested that Mr. Lockwood contact other property owners with reference to his plans to remove the trees and land- scape his own property, before any action was taken by the Council, and upon motion of Councilman Saunders, seconded by Councilman Roth, unanimously carried, action was deferred until the next Council meeting. Nr. A. Hofman appeared before the Council, urging the open- ing of ~. E. 8th Avenue from ~th Stree~ to 8th Street, and also the extension of 6th Street east to Palm Trail. He offered to pay his share of the assessment~ in advance in order to get the project started. It was explained to Mr. Hofman that with the construction of a new Post Office building at the corner of N. E. 1st Ave. and 1st Street, First Street would have to be repaved from the railroad west to First Ave. to take care of traffic at this location immediately, and should have first priority on street improvement projects, but he was given the assurance of the Eouncil that the necessary legal proceedings would be started as soon as possible for the opening of N. E. 8th Ave., in view i/io/ o of the fact that he was willing to contribute his share of the cost of this improvement in advance, or as soon as the work is completed. A letter from the Delray Be~ch Property Owners Protective Association, addressed to the ~ayor and 'Council, was read as follows: "January 3, 1950~ 5~y dear Nr. Mayor, ~embers of the Council, ~ity of Delra~ Beach, Florida Gentlemen: The Board of Directors of the Property Owners Protective Association has viewed with alarm the gro~Eng number of donations and the increase in amount cf such donations given out by the Council to groups or organizations for special purposes. The Board feels strongly that every effort should be made by the Council to lower taxes commensurate with good City govern- ment and needed City improvements. The Board feels that the tax payer's money should be used for the City business and the functioning thereof. They do not believe that it is the function of the Council or of the City to make donations to any group or organization for any purpose whatsoever, using tax payer's money. Sincerely yours, (Signed) B. C. Butler frh Pres ident UC Delray Beach News Delray Beach Journal POPA" After consideration of the above communication, a motion was made by Councilman Holland that the Property Owners Protective Association be advised that the Council will have to live up to the present budget this year, but we will notify them of the next budget meeting, and give them an opportunity to appear at that time. The motion was seconded by Councilman Saunders, and upon call of roll carried unanimously. A petition, requesting the installation of a street light at the corner of S. W. 3rd Av.e. and 1st Street, signed by thirteen property owners in that vicinity, was filed by the Uity 5~anager, 1/lO/ o who explained that there are only two houses adjacent to that corher, and no street light circuit nor pole near the corner. He did not feel a light was necessary at that location at this time, as the street has not been opened and there is little possibility of future traffic. A motion was made by Councilman Jacons, seconded by Council- man Roth, that the request be filed with requests for street lights for future consideration, and upon call of roll the motion carried unanimously. A letter from the Policy and Operating Committee of the Community Civic ~enter Building, was read as follows: "31 December 19~9 Honorable r~ayor and ~embers of the City Council Gentlemen: The Little Theatre Group of Delray Beach has requested permission to remove the ceiling over the stage of the Community Civic Center Building so as to provide means of installing drops and adequate stage lighting. ~ This Cormmittee has considered the request, and in view of the limited use of the stage due to low ceiling, and also that ceilings are not used over stages as usual thing, we feel that the granting of this request ~'~ould increase the usability of the building, and at the same time make proper lighting and scenery effect possible. This request will not involve any expense to the City. Very truly yours, POLICY A~ND OPERATING CO~$~iTTEE Committee: C0~.~UNITY CIVI~ CE~fER ~rs. W. J. Snow ~rs. K. ~. Davis King S. Cone, Secretary John Tallentire King S. Cone KSC/hfl" Upon motion of Councilman Roth, seconded by Councilman Holland, and unanimously carried, the foregoing request was approved. The follo~d ng letter from R~r. H. ~¥inter, with reference to opening an alley running north and south through Block ll4, on the North Federal Highway, was read: 1~lO~50 "December 29th, 19~9. ~ity of Delray Beach Florida Attention Nayor Saunders Dear Sir: The day before xmas my Grandchild (~ yrs old) was almost run over by.the City refuse truck backing out through the alley in rear of these premises - only the screams of Nfs. Winter - who was fortunately watching the child from the rear window - prevented a serious accident - by alerting the youngster to scram out in time. Now then, the difficulties incurred upon your City truck drivers - the matter of the alley being blocked in rear of adkoining premises (213 N. Federal) with automobiles, etc. that stand there day and night - prevents your truck at times from getting through - for when they drive through, they drive through 213 property out to Federal - the only egress. Eventually some one of the seceral children who plat in the rear, will be injured if this condition is permitted to exist. We have an option to purchase 21~ N. Federal, which we intend to exercise. If the rear alley is opened up in rear of 213 N. Federal - as it should be - I will grade it at my own expense, as it is impossible for us to drive out from our driveway to Federal - as vision is obscured completely with the cars~ parked out in front of 213 N. Federal tc see any Northbound traffic up to edge of concrete highway. Shortly before we came South, a child was killed in our Town by a garbage truck backing out of a driveway. There would be no need for the City truck or the trucks that are now delivering building materials to house being built to rear of 217 N. Federal - to be backing out of the alley, or tying up incoming cars until they have backed out. Thanking you for your cooperation in the above matter, I remain, Yours truly, (Signed) H. Winter" After consideration, the matter was referred to the City Manager for investigation and report at the next meeting of the Council. 1/lO/ O Nr. Don R. Hamill, owner of Lot 6, Block 9, Seagate, again appeared before the Council, requesting that two low spots in the pavement in front of his property be filled by the City to prevent flooding of his yard after every rain storm. He offered to put in a catch basin and a 6~' drain line to connect with the storm sewer, if necessary, if the City would bring the street level up in these low places. City Nanager Black stated that he had investigated this situation, and found that in certain places the street level had dropped, and recommended that it be remedied by resurfacing the entire block at an approximate cost of $ 1,200.00, or by running a drain line down Sea Sage Drive, catching the low spots in the street with small grates. The ~ouncil felt that it would be best to resurface the entire block, if funds were available, but that it was a matter of setting a policy on future requests of this same type; however, the street should be kept from further deterioration by repairing the places in the pavement which have sunk. Nr. Hamill offered to pay one-half of the cost of repairing the holes, or low spots, and a motion was made by Councilman Saunders that this offer be accepted, and the City Nanager in- structed to proceed with this repair work as soon as possible. The motion was seconded by Councilman Roth, and upon call of roll carried unanimously. The establis.hment of apriority list for street improvement projects was then discussed, and upon motion of Councilman Holland, seconded by Councilman Roth, unanimously carried, the following priority basis was set up: 1. E. E. First Street from the r~lroad crossing to E. E. First Avenue, to be paved from curb to curb. 2. N. E. 8th Ave. from N. E. ~th Street to 8th Street, and E. E. 6th Street to be extended east to Palm Trail. 3. N. W. 1st Street from ~th Avenue west to 8th Avenue. Upon motion of ~Councilman Roth, seconded by Councilman Holland, unanimously carried, a bill from the Florida League of ~v~unicipalities for membership fees for the year ending 12/13/50 was approved for payment. No action was taken on a proposed contract with the Florida Power & Light Company, whereby the City would lease the use of poles for extension of electric service where necessary, for $ 2.00 per year per pole, instead of paying for the cost of the pole and installation at ap.~roximately~ $ ~0.00 per pole, action being withheld for further study of the contract. Request for a street light at the corner of Nassan and Gleason Streets was referred back to the City ~;anager f. or further che cklng. 1/lO/50 Upon motion of ~'Councilman Holland, seconded by Councilman Roth, unanimously carried, a request by Zook Palm ?.~rserfes, Inc., for special permit to move a small real estate office from their property east of the Canal on East Atlantic Ave. to a location Just north of garage building they are constructing on the north- west corner of the South Federal Highway and Third Street, was denied, upon advice of the Building Inspector that it would be non-conforming and would not comply with Fire Zone requirements. ~r. F. J. Schrader, Building Inspector, presented a request for permit, filed by Dr. Frank Fisher, to build a small storage room and lavatory on the side of a garage building on the rear of Lot 15, Block 109. He explained that the applicant intended to sleep in this building at times, but would do no cooking. He recommended that permit be granted as requested, as it would con- form with all regulations. Mr. Schrader also requested that minor repairs be allowed to the house located on this lot. Upon motion of 'Councilman Roth, seconded by Councilman Jacobs, and unanimously carried, permits were approved as requested. A letter from the Delray Beach Chamber of ~Commerce, with reference to the remodeling of their Ir~formation Booth on the N. Federal Highway, was read as follows: "January 4, t9~0 Hon. J. N. Kabler, Mayor City of Delray Beach Delray Beach, Florida The Chamber of Cormmerce has completed plans to improve the appearance of its Information Booth on the Federal Highway, as well as to make the Booth more weatherproof. During the recent rains, considerable damage resulted to the interior of the Booth and to printed matter which is distributed there. The improvements consist of the following: 1. Construction of a proch on the front of the Booth, on which travelers may rest, and to act as a protection against heavy rains. 2.Installation of 6hree windows, or Jalousies, in place of the wooden flaps now used. 3. Repainting the structure. Peter Rosenzweig is handling this work, at a considerable saving to the Chamber, and he has submitted a sketch of the new work to the Building Inspector. May we, therefore, respectfully request a permit from the City Council to proceed with these improvements, in order that the Chamber of Commerce may present an attractive "front door" to travelers and visitors throughout the year? 1/lO/ 0 Favorable action in this matter will be greatly appreciated. Sincerely, DELRAY BEACH CHANBER OF C0~ERCE (Signed) E. L. Eveasen ELE: A Se cre tary-~ana get" After consideration, a motion was made by Councilman Roth, seconded by Councilman Holland, that the request be granted as outlined, and upon call of roll the motion carried unanimously. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-94 AN ©RDINANCE OF~ THE 'CITY COUNCIL OF THE C~ OF DELRAY BEACH, FLORIDA, PROHIBITING, ON THE DAY OF ANY GENERAL, SPECIAL OR PRI~ARY ELECTION ~HELD IN SAID CITY, THeE DISTRIBUTION OR POSTII, IO OF ANY POLITICAL PAMPHLET, CARD, LITERATURE OR SIGN OF Ah'Y KI!O ?~iTHIN 01'~ HUi~DRED YARDS OF AI~£ POLLING PLACE, PROVIDING A PENALTY_ FOR THE VIOLATION THEREOF, AND FURTHER PROVIDING A SEVERABILI?Y CLAUSE AND A REPEALING CLAUSE. (See Council data file for original draft of this 0rdinance) Councilman Jacobs objected to the section prohibiting signs on private property within 300' of the poles, claiming it would prevent a property owner from placing a sign on his own building, or in his own store window. City Attorney Moore suggested that the Ordinance be amended to prohibit the posting of any political sign of any kind "within, at, or on any polling place", which amendment was agree- able to the ~ouncil. A motion was then made by Councilman Saunders, that Ordinance No. G-95 be passed and adopted as amended, and upon call of roll the motion carried unanimously. The Ordinance was read in full as amended, as follows ORDINANCE NO. AN ORDINANCE OF THE CITY COUI~CIL OF TIME ~ITY OF DELRAY BEACH, FLORIDA, PROHIBITIh~G, ON THE DAY OF A~ GEhF~RAL, SPE~CIAL OR PRIMARY ELECTION-HELD IN SAID CITY, THE DISTRIBUTION OR POSTING OF A~,YZ POLITICAL PA~IPHLET, CARD, LITERATURE OR SiGN OF Ally 1/lO/ O KIND, WITHIN, AT, OR 0N ANY POLLING PLACE, PROVIDING A PENALTY FOR TP2~ VIOLATION THEREOF, AhrD FURTKER PRO- VIDING A SEVERABILI~ CLAUSE AND A REPEALING CLAUSE. BE iT 0RDAI?[ED by the City ~ouncll of the City of Delray Beach, Florida, as follows: SECTION l: That, on the date of any general, special or primary election held in the City of Delray Beach, Florida, it shall be unlawful for any person, firm, or corporation to distribute or post any political pamphlet, card, literature or sign of any kind within, at, or on any polling place. SECTION 2: Each of the provisions of this ordinance are severable, and if any provision shall be de- clared to be invalid, the remaining provisions shall not be affected but shall remsin in full force and effect. SECTION 3: All ordinances or parts of ordinances in con- flict with this ordinance are hereby repealed. SECTION 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not ex- ceeding Five Hundred (~$~00.00) Dollars, or by imprisonment in the City Jail not exceeding ninety days (90) days, or by both such fine and imprisonment. PASSED in regular session on the second and final reading on this the 10th day of January, A. D., 1950. _(Signed) John N. Kabler President, City Council AP PR OVED: (Signed) John N. Kabler Mayor ATTEST: (Signed) Ruth R. Smith City Ulerk ( SEAL ) The following letter from Mike L. Blank was read and ordered filed: "January 10, 19~0. Mr. Jack Kabler, Mayor Eembers of the City Council Delray Beach, Florida Gentlemen: Please be advised that work as outlined in my estimate to you for the completion of an 18 hole Golf Course is finished, and I am ready to turn over responsibility of maintenance and upkeep to the greenskeeper under the supervision of the Golf Committee, City Manager and the City Council. There is still a great ~nount of work to be done in order to bring our -Uourse on a level with the top ranking ones of the Country, and since this is so possible with a little extra work on the. part of our citizens and golf members, I would suggest that we go forward with this idea in mind. We still need an additional ten traps and the roughs need clearing. If the Cit~.~' will furnish the equipment and labor needed, I will be only too glad to supervise this work without charge. This work can be done this summer when it won't inter- fere with our maximmm play, and the City will be in position to f~mrnish the needed equipment and labor. When this time occurs, I would also suggest top dressing for the sandier fairways and marl on the approaches of all greens. I wish to take this opportunity to thank Mr. Black, Mayor Saunders and each member of.the Council for their wholehearted cooperation with me in this project and assure them that it has indeed been a pleasure to work with them. Sincerely yours, ~B:bp (Signed) ~.ike L. Blank" At the suggestion of Mayor Kabler, the Clerk was instructed to acknowkedge the foregoing letter, and a meeting with the Golf $ommittee was set for Tuesday, January 17th, at 7:~0 p. m. to discuss additional financing of the Golf Course Improvements and Extension, and also the appointment of a Golf Co~.mission, for approval of the Council at a later meeting. Upon motion of Councilman Roth, seconded by Councilman Holland, unanimously carried, license for the sale of beer in packages was approved at 522 East Atlantic Ave., .Chester ~. Duel, Jr. and Herbert A. Deuel, Jr. applicants, operating as Deuel's Food Shop. 1/lO/ O ~ayor Kabler recommended the reappointment of King S. Cone, as a member of the Zoning Board for a term of three years, and upob motion of Councilman Jacobs, seconded by Councilman Roth, unanimously carried, the appointment was approved. Nayor Kabler then recormuended the appointment of a Finance Committee for the present year, to consist of ~Councilman J. L. Saunders, Chairman, and Councilmen W. A. Jacohs and R. J. Holland, and the appointment was approved by motion of Councilman Roth, seconded by Councilman Kabler, and unanimously carried upon call of roll. A letter from Jo~hn Moore, as City Attorney, with reference to an amendment to the Electrical Ordinance, pertaining to the grading of examination papers, was read as follows: "December 28, 1949. Honorable Mayor and City Council of the City of Delray Beach, Delray Beach, Florida Gentlemen: Re: Electrical Ordinance Pursuant to your request, [~[r. Trieste, of the Electrical Board, and ~r. Chasbers, representing the City, and the under- signed, met on December 28, 19'~9, for the purpose of making recommendations to the City Council concerning a:~ amendment to the Electrical Ordinances. This is to advise that the three of us were in accord with making the following reco~nendations: 1. That the necessary experience and letters of recommenda- tlon, which the personal representative must have, are merely factors which qualify the personal representative to take the examination, and in no way should they be considered in arriving at the final grade of the personal representative. 2. That the written examination, which encompasses a grea~t deal more detail than the oral examination, should be counted for seventy-five (y~) percent and the oral examination for twenty-five (2~) percent in arriving at the final grade received by the personal representative. By way of clarification of paragrapg number 2 above, I might state that it was the idea of the three persons who met that, if the personal representative made one hundred (100) on the written examination, and one hundred (100) on the oral examination, his final grade would be ~ plus 2~, or a total of one hundred (100). Ve~~ truly yours, (Signed) John ~oore J~/hs Uity Attorney" 1/lO/30 . City Attorney ~oore suggested that rather than amend the present Electrical Ordinance, the Ordinance be redrafted to include this provision, if approved by the Council. A motion was made by Councilman Holland, seconded by Councilman Saunders, that the City Attorney be instructed to redraft Electrical Ordinance No. G-87 to include the foregoing recommendations of the Electrical Board. Upon call of roll the motion carried~ Counci~aen Holland, Kabler,. Roth and Saunders voting in favor of the motion, and Councilman Jacobs not voting. Mr. Jacobs explained that he was not familiar with the original Ordinance, nor with this recommendation, therefore he did not feel qualified to vote on it. In this connection, Mt. Schrader, Building Inspector, advised the Council that the present Electrical Board, comprised of three Electrical Engineers, one Architect and one Nechanical Engineer, is a great asset to a City of this size, and he felt that a Board of this calibre should carry a great deal of weight with the Council, and their wishes and recommendations should be recognized. Councilman Roth suggested that small reflectors be installed between the street paving and the new sidewalk recently built along West Atlantic Avenue, west of Fifth Avenue, as cars can still drive over on the sidewalk at night without noticing pedestrians. The matter was referred to the City ~anager for obtsi ning an estimate of the cost of reflecting buttons which could be driven into the pavement to designate the sidewalk in this area. Upon motion of Councilman Roth, seconded by Councilman Jacobs, and unanimously carried, bills totaling $ ~6,081.77 were approved for p~yment, after spproval of the Finance Cormmittee. Council~.oan W. A. Jacobs was named by the ,~ayor as a representa- tive of the Council on the Gladiola Fair and Festival Committee. The meeting then adjourned. AP P RC VED: Mayor