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02-28-50 FEDRUARY 28TH, 1950 Regular meeting of the 'City Council of the City of De!ray Beach was held in the Council Chambers at ? :30 p. m. with ~ayor John N. Kabler in the Chair, and City Attorney John ~oore, City Manager Chas. E. Black, and the follo'~, ng Councilmen present: R. J. Holland, W. A. Jacobs, Walter A. Roth and J. L. Saunders, a quortur, being present. The 5~.inutes of the meetings of February 14th and 16th were approved as written. Attorney. C. Y. Byrd appeared before the Council, represent- ing ~;lrs. Robie F. 0aborn, owner of Lots I to 8, inclusive, and Lot 9 less the W. l~', VistaDel Mar Subdivision. I~r. Byrd ex- plained that ~irs. Osborne contemplated filing a new plat of her property, and asked that the 5ouncil allow her to disregard the Brockway line and establish her east boundary line on a continua- tion of the line agreed upon east of Lots 26, 27 and 28, Vista Del Ear Subdivision, which lie south of Vista Del ~,~ar Drive. This would make the east line of the entire Subdivision uniform. He also asked the Council to pass a Resolution vacating the 6 foot utility easement west of Lots l, 2 and 3, which has never been used and is not needed,, in order that ~rs. Osborne might be able to include part of Lot 4 with Lots l, 2 and 3 in making a sale of her property. ~ne front set-back requirement could then be com- plied with. ~,Ir. Byrd stated that such an established line would become the east property line when replatted, and the Broct~way line would disappear by the acceptance of such a plat. Action was withheld on this request, to allow time for further study, the Council feeling that the Brockway line should be estsb lished wherever possible, and as this was all vacant property, ~rs. Osborne would be able to develop her property to the west, whereas Lots 26, 27 and 28 were improved. Attorney Rhea %~q~itley addressed the Council, representing Mr. A. Hofhlan, with reference to the paving of N. E. 6th Street from 8th Ave. east to Palm Trail, and asked that this improvement be included with the N. E. 8th Ave. paving project. He stated that U.r. Hofman owns two blocks on the west side of 8th Ave., 162' on the east side of 8th Ave. (between ~th and 8th Streets), and also Lots 3 to 7, inclusive, Block 2, Hofman Village, a distance of 299.8' fronting on N. E. 6th Street east of Sth Avenue. By com- bining the two projects, Er. Hofman would own over ~l~ of the land involved, and he had agreed to pay his assessments as soon as the improvement is completed. The Council felt that Street Improvements should be made in the order set up on the priority list, but considering the fact that the N. W. 1st Street assessments will be repaid slowly over a period of ten years, whereas ~r. Hofman has agreed to pay his assessments i~m~ediately upon completion of the work, the following resolution was presented by the City Attorney, and same was read in full: A R. ESOLUTION OF "'~"~zam CZT? COUNCIL CF CI~ 0F D~,RAY BEACH, ~ORIDA, REQUIRING PLANS, SPECiFICATI0~ A:'~ ~S~IkA~E OF :COST 0F S~RE~T PAVING I~,~R0~,~'~ 0~ ~f. E ST~ET FROE N. E. 8TH AV~fUE EAST T0 PAL]~i TRAIL. ~R~S, the City Council deems it to the best interest of the City of Delray Beach to cause that portion of lf. 6th Street, between N. E. ~th Avenue and Palm Trail, to be ~aded and paved to a width of 2~ feet, and to assess the cost of such paving agent the lands abutting thereon, N0~%', THEREFORE, BE IT RESOL~ by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Engineer be required to submit plans, specifications, and estimate of cost of such improvement to be made, and that the same shall be placed on file in the office of the City Engineer. Adopted by the City Council of the City of Delray Beach, Florida, on this the 28th day of February, A. D., 1950. (Signg~) Jo~ ~. Kabler President - City co~ncll ~ PRCVED: (.Signed) John N. Kabler ATTEST: .(SigFed) Ruth R. S~f~h Cf~y Clev~ Upon motion of Councilman Roth~ seconded by Cou~cf~an Saunders, and unanimously carried, the foregoing Reso!~tion No. ?~9 was passed and adopted as read. Upon the reco~endation of City ~{anager B!ack~ a motion was made by Counci~ Roth~ seconded by Councilman Saunders~ and unanimously carried, that the City Attorney be instructed to prepare a resolution naming InDraham Street, }~tiramar Drive and Nassau Street~ from Ocean Boulevard through to Venetian Drive; the ~i~y Clerk to al~ compile a list of othe~ Streets City where the name should be clarified and made u~form for ~,~e entire length of the Street. The following Ordinance was then presented for second and final reading, and same was read in full: ORDINANCE N0. G-95 AN CRDI~ANCE OF THE CiTY COUNCIL OF CI~%Z OF DELRAY BEACH, PAL~[ BEACH COU~YfY, FLORIDA, DECLARING ITS INTENTION TO TO THE CITY CF DL~LRAY BEAC!I THE FOLLOWING DESCRIBED TRA~T OR PARCEL OF LAND LOCATED IN PAL~[ BEACH COUNTY, FLORIDA, A~© LYING CONTIGUOUS TO Ti~ CITY OF DELRAY BEACH, TO-WIT: FOR A POI~Wf OF BEGInnING START AT A POINT ~.~{ERE THE NORTH BOU~fDARY LINE OF THE CITY LIEITS OF ThqE CI~£ OF DELRAY BEACH~ FLORIDA (AT W. A~LANTIC AVE?~JE iN SAID CITY) INTERSECTS TP~ WEST RIGHT-OF-WAY LINE OF ~IE HILLSBOROUGH CANAL (E. ~ CANAL); THENCE RU>~ING NORTHERLY Ah~D NORTHEASTERLY ALONG THE WEST RIGHT-OF-WAY LI~ OF SAID HILLSBOROUGH CANAL TO A POI~ FOR~ED BY T'~E II~fERSECTION OF SAID WEST RIGHT-OF-WAY LINE AhqD THE EAST V~'~ST CENTER LINE OF SECTION 18, ~. 46 s., RANGE 43 EAST; THENCE R~iYING NORTF~AS_?ERLY AL05~ SAID V~qEST RIGHT-OF-WAY LIh~E OF TP~ HILLS- BOROUGH CANAL TO A POI~'~ LOCATED THIRTY-TI{REE FEET h'ORTH OF THE SAID EAST AI~O ~;;EST CE~ER LI!~ OF SECTION 18, TWP. ~6 S., RANGE ~3 EAST; TL~ENCE RIR~ EASTERLY ALONG A LIh~E THIRTY-THP~EE FEET NORTH OF AND PARALLEL TO T~E EAST AND CE~TER LII~ CF SECTION 15, TOWNSHIP 46 SOUTH, RA~IGE ~3 EAST, TC THE CiTY LI~ITS OF THE CITY OF DELRAY BEACH, FLORIDA, ?~HICH IS T~ RIGHT-OF-WAY LIi~SE OF THE SEABOARD AIRLI~E RAIL- WAY; THES~E RUAQ~ING SOUTHERLY AND SOUTH%qESTERLY ALOi,~G A Li~ FOP~,~ED BY TP~? BOU>~ARY LIh~ OF TP~E CITY LI~,[ITS OF THE CITY OF DELRAY BEACH TO THE POIh7 OF BEGINNING; PROVIDING THAT SAID TRACT OR PARCEL SHALL BE A~Q~EXED TO ~ CITY OF DELRAY BEACH AT THE EXPIRATION CF FiFTEEns[ DAYS FR05~ THE FINAL PASSAGE OF THIS ORDINANCE; AI~ FURTHER PROVIDIiCG THAT THIS ORDINANCE SHALL BE PUBLISHED FOR 1~0 CONSECUTIVE WEEKS AFTER ITS FINAL PASSAGE. BE IT ORDAINED by the City 'Co'~cil of the City of Delray Beach, Florida, as follows: Section 1: That the City Council hereby declares its in- tentions to annex the following described tract or parcel of land located in Palm Beach County, Florida, and lying contiguous to the ~ity of Delray Beach, to-wit: For a point of beginning, start at a point where the North boundary line of the City limits of the City of Delray Beach Florida, (at '~;~est Atlantic Avenue in that City) intersectst West right-of-way line of the Hillsborough Canal (E. ~ Canal); thence running northerly and north-easterly along the ~est right- of-way tine of said Hillsborough Canal to a point formed by the intersection of said ~est right-of-way line and the East and West center line of Section Eighteen (18), Township ~6 South, Range ~3 East; thence running north-easterly along said ~'est right-of- way line of the ~illsborough Canal to a point located thirty- three feet (33') North of the said East and West center line of Section Eighteen (18) Township ~6 South, Range 43 ~ast, thence running easterly along a line thirty-three feet (~3') North of and parallel to the East and West center line of Section 18, Town- ship ~6 South, Range ~3 East, to the City limits of the City of Delray Beach, Florida, which is the ~¥est right-of-way line of the Seaboard Airline Railway; thence running southerly and south- westerly along a line formed by the boundary line of the City limits of the City of Delray Beach, to the point of beginning. Section 2: That the above described tract or parcel of land shall be annexed to the City of Delray Beach, Florida, at the expiration of fifteen (l~) days from the final passage of this ordinance. Section 3: That, after the final passage of this Ordinance, said Ordinance shall be published, in full, once a week for two (2) consecutive weeks, and the Delray Beach News is hereby designated as the newspaper for such publication. Section ~.' That, if any word, p~rase, clause, sentence or other part of this Ordinance shall be declared illegal by a court of competent Jurisdiction, such record of il- legality shall in no way affect the remaining portion; that if any portion or part of the property as described in numbered Paragraph I hereof is declared by a Court of competent Juris- diction not to be annexable, then such portion or part shall in no way affect the annexability of the remaining part or portion t he re of. Section ~: Any objections should be filed in the manner prescribed by Section l~ of the Ulty Charter of the City of Delray Beach, Florida. Passed in regular session on the second and final reading on this the 28th day of February, A. D., 19~0. (Signed) Jp..hn N. K.abler Nayor ATTEST: (Signed) Ruth R. Smith CitY Clerk Attorney C. Shelby Dale, representing Mr. Charles Vitsopoulos, Nr. C. C. Townes, Loule Daniels and Annie Stewart, owners of prop- erty within the territory involved, addressed the Council, again stating that his clients were opposed to this annexation. A motion was then made by Councilman Roth, seconded by Council- man Saunders, that the foregoing Ordinance No. G-9~ be passed and adopted as read, on second and final reading, and upon call of roll the motion carried unanimously. The following letter from Mr. W. S. Carper was read: "February 17, 19~0 }~embers of the City Council ~elray Beach Florida Gentlemen: I am the owner of Lot 34, -Block 13, Del Ida Park, lying on the south side of N. E. 8th Street, between N. E. 3rd Avenue and the r~ lroad. This lot is now zoned as an Apartment House District, and it is undesirable for such use due to the opening of 8th Street as a thoroughfare, and its proximity to the r~i 1- roa~. i am therefore requesting that you consider the reclassifica- tion of this lot from an Apartment zone to a Business zone, and I am enclosing the required fee of $ 15.00. Very truly yours (Signed) W. S. Carper" Upon motion of Councilman Saunders, seconded by Councilman Jacobs, and unanimously carried, the above request for change in zoning restrictions was referred to the Zoning Board for considera- tion and recommendation. The following Ordinance was then brought up for first reading, and same was read in full: AN ORDINANCE OF TM~E CiTY COUNCIL OF THZE CITY OF DELRA¥ BEACH, FLORIDA, REPEALING 0RDiNAN~E ~0.. G-76, A?O ORDINANCE NO. G-87, A~DING SECTION 15, OF CHAPTER VI OF T?LE CITY CODE, PERTAINING TO THE BOARD OF ELEC- TRICAL EXAEIhNERS, AND PROVIDING THE QUAL!FiCA- TI0~ OF THOSE ~i0 SERVE ON SAID BOAR~; A~LEND- ING SECTION 15 OF CHAPTER VI OF THE CITY CODE, PERTAINING TO T~u~ DUTIES OF THE BOARD 0F ELECTRICAL EXAMINERS; A~'~ r-~RTI{ER AMEhDING SECTION 17 OF CHAPTER VI OF TPKE CITY CODE, PERTAINING TO EXAMI~T!0~B OF APPLICAI~S FOR CLASS I ELECTRICAL CONTRACTORS' LICENSES, AND CLASS 2 ELECTRICAL P~%IN- TENANCE LICENSES, PRESCRIBI~IG QUALIFICA- TIONS FOR APPLICAh~S THF~REFOR, PRESCRIBING FOR ORAL AND WRITTEN EXAI.Ii~TiONS FOR APPLICAh~fS THE?JEFOR, A~ FURTHER PRESCRIB- ING FOR THE RECO~.~i~I~U)ATiONS OF TI~ ELEC- TRICAL BOARD TO BE SUBi~1ITTED TO THE CITY COUNCIL FOR FINAL DECISION AS TO TP~ GRAI~- ING OF EITHJER OF SAID CLASSES OF LICE~.lhBES FOR THE APPLICANTS THEREFOR. Upon motion of Councilman Roth, seconded by ~Councilman Saunders, and unanimously carried, the above Ordinance was placed on first reading, after adding in Section 5, on Page 3, that the passing grade shall be 70%. The following Ordinance was then brought up for first read- ing, and same was read in full: AN 0RDI~%ANCE OF THE CITY COUNCIL CF THeE CITY OF DELRAY BEACH, FLORIDA, AI~NDING PARAGRAPH I OF SUB-SECTION (e) OF SECTION 7, OF ~HAPTER XX OF THE ZONING CODE OF TYJE CITY OF DELRAY BEACH, FLORIDA, BY PROVID- ING THAT THE ~¢~IhrIkCJ~i FLOOR AREA OF A ONE STORY BUILDING IN RESIDE~NCE I DISTRICT TO BE ~0 SQUARE FEET; ANENDING PARAGRAPH 2 OF SUB-SECTION (f) OF SECTION 7 OF CHAPTER XX OF T.EE ZONING CODE OF THE CITY OF D~-W..RAY BEACH, FLORIDA, BY PROVIDING THAT IN RES- IDE>ICE 2 DISTRICT 0~LY 55'f0 BUILDINGS, EX- CLUSIVE OF GARAGES, OUT-HOUSES, ETC., SHA~L BE LOCATED ON AI,~ OifE ~'~INI~L?~ SIZED LOT. Upon motion of Councilman Jacobs, seconded by Councilman Saunders, and unanimously carried, the foregoing Ordinance was placed on first reading. Nayor Kabler recon~r~ended the appointment of a Fact Finding Committee to work on items ~hich require some research by Council- men, before brought up for action by the Council, said Committee to consist of Walter A. Roth, Chairman, W. A. Jacobs and R. J. Holland. Upon motion of C~ouncilman Saunders, seconded by Coundilman Roth, and unanimously carried, the recon~r~endations of the ~ayor were approved. The advisability of paying the members of the Golf Co~mlission a salary was brought up by Councilman Jacobs, who moved that the City Attorney be instructed to prepare a Resolution fixing salaries of this Commission at ~ 1.00 ayear. After discussion, the motion was seconded by Councilman Holland, and upon cal I of roll carried unanimousl y. The following liesolution, calling a hearing for objections tc the paving of N. E. 1st Street, from N. E. 1st Avenue east to the F. E. C. Railway, was read in full, as follows: RESOLUTION NO. ?,~0 A RESOLUTION OF THE CITY COUI'EIL OF THE CITY OF DELRAy BEACH, FLORIDA, 0RDERI5Y] THE CONSTRUCTION OF CERTAIN STREET II,~ROVE- MENT WORK ON N. E. FIRST STREET, FROM N. E. IST AVE~¢JE EAST TO ~J~E FLORIDA EAST COAST RAILROAD. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the 14th day of February, 19~0, adopt a Resolu- tion ordering the City Engineer to prepare plans and specifica- tions for certain Street Improvement work, and on the 16th day of February, 19~0, eccepted plans, specifications, and estimate of cost of said Improvement work, and ordered same to be filed in the office of the City Clerk, and a copy thereof to be filed in the office of the City Engineer and kept open for inspection by the public. NOW, THEREFORE, BE IT P~ESOLVED by the City Council of the City of Delray Beach, Florida, that it has determined to make the following described Improvements which the City deems to be necessary for the safety and convenience of the public, to-wit: Grading and paving of N. E. 1st Street, from N. E. 1st Avenue east to N. E. 2nd Avenue, to a width of ~' complete with , curb on the north side and on the east one- half of the south side; and the improve- ment of ~J. E. 1st Street, from N. E. 2nd Avenue east to the Florida East Coast rail- road, to a width of 2..$, with rock and oil, the total estimated cost of which Improvements is - - - $ 3,?95.00 BE iT FURTHER RESOLVED that the entire cost of such Improve- ments shall be assessed against the following described properties in Delray Beach, Florida: Lots I and 7, Block 76 Lots i and 12~ Block Lots 8 and , Block Lots 8 and 16, Block 83 said benefits to be determined and prorated according to the front footage of the respective properties as set forth im- mediately above. BE IT FURTHER wES ED .. OLV that said soecial assessments agsi nst the lots and lands set forth im3nediately above which are specially benefited, shall be and remain liens superior in dignity to al 1 other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and wlnlch shall beam interest at the rate of 8 per cent per armum, and which may be paid in ten equal yearly installments with accrued interest on all deferred payments. Payment shall be made at the same place that taxes payable to the City of Delray Beach, Florida, are paid; namely, at the office of the City Tax Collector, and upon the f~ lure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, in- cluding a reasonable Attorney's fee. The total amount of any lien may be paid in full at any time with interest from the date of assessment, IT TS ORDERED that .the foregoing Resolution be published two times in the Delray Beach News, a newspaper published in the City of Delray Beach, Florida. ADOPTED by the City Council of the Uity of Delray Beach, Florida, on this the 2$th day of February, A. D., 1950. (Signed) John N. Kabler president APP ROVED: (.Signed) John N. Kabler May or A TTES T: (Signed_)__ Ruth R. Smith city c~e ~k- A motion was made by Councilmsn Jacobs that the foregoing Resolution No. 7~0 be passed and adopted as read. Councilman Roth seconded the motion, which carried unanimously. Action on the request of R. Alfredo D'Avino for an occupa- tional license to conduct his business as an Architect from 208 S. E. ~th Avenue, which is in an Apartment zone, was withheld, and referred to the Zoning Board for recommendations on different types of businesses which should be allowed in different zones, especially professional businesses. After discussion as to the contents of minutes of Council meetings in the future, a motion was made by Councilman Jacobs, and seconded by Councilman Holland, that the following policy be adopted - "That hereafter the official minutes of the City Eouncil shall reflect the subject under discussion, the ultimate action taken by the Council, any objections from the audience if such is requested, and a record of any requests made." b~on call of roll the motion carried, Councilmen Holland, Jacobs, Kabler and Roth voting in favor of the motion, and Councilman Saunders opposing. Councilman Saunders explained that he was not in favor of "stream-lining" the minutes to a point of losi ng continuity. Councilman Holland brought up the question of inadequate police protection between the hours of 2 a. m. and 8 a. m., when only one Patrolmau is on duty. Police Chief Croft explained that another man would be needed to correct this condition, that there was no way of re- adjusting his Department as all men were working a minimum of ten hours a day and seven days a week. He also stent ed that according to statistics from all over the Country, our Police Department is under-maned. A motion was then made by Councilman Roth, that the City ~4anager be authorized to exceed the current budget in the anount necessary to employ one additional Policeman. The motion was seconded by Councilman Jacobs, and upon call of roll carried unanimous ly. The meeting then adjourned. citY clerk - ' APPROVED: ............. Mayor -