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06-13-50 JUNE 13th, 1950 Regular meeting of the City Council of the City of Delray Beach, Florida, was hled in the Council Chambers at 7:30 p. m. with Mayor John N. Kabler, in the Chair, and City Attorney John Moore, City Manager Chas. E. Black, and the following Councilmen present: R. J. Holland, W. A. Jacobs, and J. L. Saunders, a quorum being present. The minutes of the meeting of May 23rd and 30th were approved as written. Mr. H. A. Hubbard, President of the First National Bank appeared before the Council with reference to application for building permit to remodel and enlarge their present Bank building. He presented a tentative sketch for the remodeling of the existing building, and also Architect's plans for the proposed extension. Upon advice of the City Manager that the cubic contents of the building would be increased, which requires the compli- ance with set-back regulations, the required fee of $ 5.00 for a special permit to deviate from set-back requirements on East Atlantic Ave., and S. E. 3rd Ave., was filed by Mr. Hubbard, and upon motion of Councilman Saunders, seconded by Councilman Roth unanimously carried, the request was referred to the Zoning Board. for recommendation. Dr. E. M. Farber, Chairman of the Tennis Committee, then addressed the Council, outltng the excellent photographic work which had been done in publicizing the recent Gulf Stream Jr. Tennis Tournament, by Miss Louise S, Smith. He explained that the actual cost of materials amoumted to approximately $ 35.00, b! but recommended that the Council appropriate an additional $ 50.00 for Miss Smith in appreciation of her work in furnishing newspapers with pictures and news items in connection with the Tournament. Dr. Farber further stated that contestants from St. Augustine to Miami had participated in the Tournament, which had become a National spot-light in the Tennis world. The participants had been entertained by the Key Club, the City had contributed $ 300.00, and the balance of the expenses had been made up by entry fees. Dr. Farber explained, but he asked that the Council set up $ 500.00 in its budget for the coming year for th~.s Tournament, which would take care of all publicity., enSertainment, and other expenses involved. Mayor Kabler complimented the Tennis Committee, on behalf of the City Council, for the work it had dSne in making the Tournament a success. A motion was then made by Councilman Saunders, seconded by Councilman Holland, that Miss Smith be paid $ 35.00 for materials used in her photogr.a, phic work in connection with the Tennis Tournament., plus $ 50.00 in appreciation of her work in furnishing publicity to the newspapers. Upon call of roll, the motion carried unanimously. Dr. Farber also suggested that a Publicity Director, who would tak official pictures of prominent persons and events, and furnish home town papers, or sporting magazines and news articles, which would create valuable current interest might be a definite asset to the City. Such events as Golf, Tennis, and Fishing Tournaments could be covered, as well as Polo, The Gladioli Festival and news of our Farm lands. The Council took the suggestion under advisement, to be consideredin conjunction with the Chamber of Commerce, in making up the budget for the next fiscal year. Upon motion of Councilman Roth, seconded by Councilman Saunders, and unanimously carried, an application , filed by E. B. Nichols, to construct on office building on his property on the southwest corner of S. E. 1st Street and the Federal Highway, according to plans on file with Building Inspector which showed that all requirements would be complied with, was approved. A petition requesting the improvement of N. W. 10th Ave~, from N. W. 2nd Street to Atlantic Ave., signed by sixteen members of the colored Voter's League, was read as follows: Delray Beach, Florida June 6th, 1950 Dear City Councilmen: We, the property owners of 10th Avenue wish to express our appreciation for the anticipated pavement on 10th Ave., leading to the Community Center. We would also appreciate it if you would find it convenient to extend the pavement on through to Atlantic Ave., since it would possibly not incurr much more effort and the property owners lis$~d below are willing to assume full financial responsibilities as required City. We wish to thankv~ou in advance for your consideration. (Signed) Leroy Baine Pres. Voter.'s League. Maggie Rolle William Hardwick Leroy Hollis Eddie Thomas Rosa Lee Mack Marion Williams Marion Smith Chris Cartwright Pearlin Holliday Fred Young Joe Dobson Ruben Dobs on ~mes Wes t Reverend L. I~wrence V. Lew Matthews City Manager Black explained that the signers of the petition were only asking that this improvement be put on the priority list for future improvement. He also stated that the paving of S. W. 4th Ave., from Atlantic Ave., south to 3rd. Street had been considered as a paving project in the near future. No action was taken. Mayor Kabler ~h~t he and Councilman Jacobs had studied requests for street lights in different locations, and reommended that the following lights be instal]ed ds soon as possible. Gleason Street -- Two Lights S. E. 4th Ave.,-- Three Lights S. E. 3rd Ave.,-- One Light S. E. 5th Ave.,-- One light at 10th Street S. W. 6th Ave.,-- One Light at Swinton Ave., City Manager Black also advised the Council that he had been requested to install lights on S. W. 7th Street, which is unlighted from So. SWinton Ave., to S. W. 4th Ave., a distance of approximately 1300~ He suggested that one light be placed at each end of th~s street, and one light in the center, and that the~e installations be included with the above recom- mendations. After consideration, a motion was made by Councilman Roth, seconded by Councilman Saunders, that the foregoing reco~endations, including S. W. 7th Street as recommended by City Manager Black, be a approved and upon call of roll carried unanimously. .As two street paving projects are nearing completion, Councilman Holland stressed the importance of the N. E. 2nd Ave., drainage ~o~.e~N~The City Manager estimated the cost of this drwinage improvement would be approximately $ 15,000.00. After consideration by the Council, the N. W. 1st Street paving improvement, from N. W. §th Ave., to 8th Ave., was moved up as No. I on the priority list, and the N. E. 2nd Ave., Drainage improvementwas moved up to No. 2, upon motion of Councilman Holland, seconded by Councilman Jacobs, and unanimously carried. Upon motion of Councilman Saunders, seconded by Councilman Jacobs and unanAmously carried, a refund of 1949 City Taxes in the amountof $257.04 to A. George was authorized, to correct an error in computation of assessment covering Lots I and 2, Block lO1. Upon motion of Councilman Roth, seconded by Councilman Saunders, unanimously carried, a request of Mr. Edward Schellenberg, owner of the Nautical Aire Apartments, for a refund on his 1949 City taxes, based on the 1950 valuation, was denied, as it was explained that hos property was assessed in the same manner as all other properties on the 1949 Tax Roll, and it was therefore a fair and correct assessment. 6/13/5o Upon motion of Councilman Saunders, seconded by Councilman Roth,unanimously carried, a request filed by Mr. E. C. Holland for a reduction fn1949 City taxes was denied, after it was explained by the City Manager that Mr. Holland's taxes were assessed on the same basis as all other propertNs~, ~but that actual measurements of the height of his buildings would be taken and an adjustment made on the 1950 tax roll. A request for a reduction in 1949 taxes assessed against Lots lS,16, and 17 Block 98, filed by John P. Barrick, was denied, upon motion of Councilman Jacobs, seconded by Councilman Holland, and unanimously carried. City Manager Black explained that no complaint was made until November of 1949. An adjust- ment will be made on the 1950 Tax Roll, however due to the fact that it was explained to the Equalization Board which met in March of 1950 that only a portion of the building is completed and it was agreed to assess the unfinished portion as a ware- house only. The following estimates of cost of rocking alleys through Blocks lO1 and ll4, were submitted by the City Manager: Block 101 - Estimat'ed cost of rocking unrocked p ~t i on ..... $ 300.00 Block 114 - Estimated cost of rocking unrocked portion .................. 350.00 The following Resolutions were then presented, and same were read in full: RESOLUTION NO. 750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DI~BAY BEACH, FLORIDA, ORDERING THE GRADING AND ROCKING OF THE ALLEY RUNNING NORTH AI~D SOUTH THROUGH BLOCK101, WHERE NOT ALREADY ROCKED; ASSESSING ADJACENT PROPERTY FOR THE COST TtiEROF, AND PROVIDING FOR T~ PAYMENT THEREOF TO BE PAID IN TEN (10) EQUAL ANNUAL INSTALLMENTS, AND FURTHER PROVIDING THAT THE TIME AND PLACE OF HEARING OBJECTIONS, IF Akin, TO SUCH IM- PROVEMENT SHALL BE AT 7:30 P. M. ON JULT llth 1950, AT THE CITY HALL IN THIS CITY. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the 23rd day of May, 19~0, adopt a Resolution ordering the City Engineer to prepare plans and specifications and an estimate of the cost of the grading and rocking of the alley running north and 6/13/5o south through Block 101, where not already rocked, said rocking to be the width of fifteen (l§) feet, and requiring said plans, specifications and estimates of cost of such improvement to be placed on file in the office of the City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improve- ment to-wit: Grading and rocking of the alley running north and south through Block 101, where not already rocked to a width of fifteen (15) feet, the total cost as estimated of such improvement is $ 300.00 BE IT FURTHER RESOLVED that the entire cost of such improvement shall be assessed against the following described properties in Delray Beach, Palm Beach county, Florida.: S. 16' of Lot 15, and all of Lots 16, 17, and 18, S. 16' of Lot 8, and all of Lots 9, 10, ll, 12, and 13, Block 101. said benefits to be determined and pro-rated accord- ing to the front footage of the respective properties as set forth immediately above. AND BE IT FURTHER RESOLVED that said special assess- ments against all the lots and lands as set forth above which are specially benefited, shall be and remain liens s~perior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight per cent per annum, and which may be paid in ten (10) 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 failure of any property owner to pay any annual installment due, or in any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill of Chancery to enforce payments thereof with all accrued interest, to gether with all legal costs incurred, including a reasonable Attorney's fee. The total amount of any lien may be paid in full at any time, with interest from th dat of assessment. IT IS ORDERED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at V:30 P. N. on July llth, 1950 for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. IT IS FURTHER ORDERED that this Re~olution be published once a week for two (2)con- secutive weeks in the Delray Beach News. ADPOTED by the City Council of the City of Delray Beach, Florida, on this the 13th day of June, A. D. 1950/ (Signed) John N. Kabler President- Ci'ty Council APP ROVED: John N. Kabler Mayor ATTEST: Ruth R. Smith City' Cler]~ Seal 6/13/50 RES OLUT ION N 0. 760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE GRADING AND ROCKING OF THE ALLEY RUNNING NORTH Ah~D SOUTH THROUGH BLOCK ll4, WHERE NOT ALREADY ROCKED; ASSESS INGADJACENT PROPERTY FOR THE COST THEREOF, AND PROVIDING FOR THE PAYMENT THEREOF TO BE PAID IN TEN (10) EQUAL ANhqJAL INSTALLMENTS, AND FURTHER PROVIDING THAT THE TIME AND PLACE OF HEARING OBJECTIONS, IF ANY, TO SUCH IMPROVEMENT SHALL BE AT 7:30 p. m. ON JULY llTH, 1950, AT THE CITY HALL IN THIS CITY. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the 23rd day of May, 1950, adopt a Res- o lution ordering the City Engineer to prepare plans and specifications and an estimate of the cost of the grading and rocking of the alley running north and south through Block ll4, where not already rocked, said rocking to ,be w~dth of fifteen (15) feet, and requiring said plans, specifications and estimate of cost of such improvement to:be placed on file in the office of the City Manager, NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: Grading and rocking of the alley running north and south through b lock ll4, where not already rocked, to a width of fifteen (15) feet, the total cost as estimated of such improvement being $ 350.00. BE IT FURTHER RESOLVED that the entire cost of such improve- ment shall be assessed .against the following described properties in Delray Beach, .P~lm Beach County, Florida: 4. 5, 6, 14, 15, 16 17 18 19 and 20 Block 114, such benefits to be determined and pro-rated according to the front footage of the respective properties as set forth immed- iately above. AND BE IT FURTHER RESOLVED that said special assessments against all the lots and lands as set forth above which are specially benefi~ed, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at~i the rate of eight percent pep annum, 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 failure of any property owner to pay any annual installment due, or any part therof, or any annual interest upon the deferred payments, The City of Delray Beach may bring necessary legal m~,n proceedings by a Bill of Chancery to enforce payment therof with all accrue~' interest, together with all legal costs incurred, including 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 assess- ment. IT IS ORDERED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at V:30 P. M. on July llth, 1950, for the purpose of hea~tng objections , if any, on said proposed improvement, as set forth' above. IT IS FURTHER ORDERED that this Resolution be published once a week.for two (2) consecutive weeks in the Delray Beach News. ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 13th Day of June a.d., 1950. (Signed) John N. Kabler President "CibY Council A P P ROVED: John N. Kabler ATTEST; "~ay0r .... Ruth R. Smith City clerk SEAL Amotion was made by Councilman Jacobs, that the fore- going Resolutions Nos. V59 and 760 be passed and adopted as read, and upon call of roll the motion carried unanimously. The Mayor's appointment of Councilman Jacobs as the Council's Director of the Gladioli Festival and Fair, was approved. Upon motion of Councilman Roth, seconded by Councilman Saunders, and carried. 6/13/50 Upon call of roll Councilman Jacobs passed, all other Councilmen voting in favor of the motion. No action was taken on a request that angle parking be established on the East side of N. E. 1st Avenue at the New Post Office building, the Police Chief feeling that parking would have to be abolished on the west side of the street to be effective. An application for transfer of beer license at the Firestone Restaurant on the So. Federal Highway , together with letters of reference, filed by A. D. Marticos, new owner of this Restaurant, was approved, upon m~tion of Councilman HollAnd, seconded by Councilman Jacobs, and unanimously carried. Mr. F. J. Schrader, Building Inspector, presented an application filed by Mr. J. W. Galloway, for permit to move the small "Zook" office building, which is located on his property on East Atlantic Avenue, Just east of the bridge, 285' south and to the rear of this property, to be used for storage of outboard motors, fishing equipment, etc., Mr. Schrader explained that this property is in No. 1 Fire Zone. and therefor the building is non-conforming; also that the building was originally built with a temporary permit for that particular location. Upon advice of the City Attorney that it would be a dev- iation from regulations, and would require a special permit, a motion was made by Councilman Saunders, that the request be referr- ed to the Zoning Board for consideration and recommendation. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. Councilman Roth wa~ned the Council of the traffic hazard at the corner of N. E. 2nd Ave and 1st Street, and recommended the erection of caution signs, or a traffic light. After consideration, a motion was made by Councilman Saunders, that four-way stop signs be tried at this corner, and if they were not effective a traffic light be installed. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. An application for building permit to construct a store building on the W. 26' of Lot 4, less the South 14', Block 69 filed by Paul Sanderson, was approved, subject to the approval of the Building Inspector as to compliance wi~h all regulations. Mayor Kabler then retired from the meeting, and Councilman Jacobs took the chair. The following letter from the County Commissioner C. Y. Byrd, with reference to the distribution of one-half General Road and Bridge District one mill levy, was read~ Delray Beach, Florida. May 24th, 1950 Honorable Mayor and City Council Delray Beach, Florida Re: Distribution one-half General Road and Bridge District one mill levy. Gentlemen: Enclosed herewith is County Warrant No. 4?10,payable to the order of City of Delray Beach, in the amount of $ 2,970.50, representing one-half of the General Road and Bridge District millage levy for 1949. The Board of County Coa-~issioners is pleased to have me, as the County Com- missioner representing the Fourth Comm- issioner's District, to destributeto you the enclosed Warrant, and suggest that the s~me be used for repairs, main- tanance and upkeep of County roads with in the corporate limits of your munici- pality. Yours very t~uly (Signed) C. Y. B~rd County commissioner Fourth~District, Palm Beach County, Florida P.S. Kindly acknowledge receipt of said Warrant on the enclosed copy of letter and return to me. C. Y. B. A motion was made by Councilman Saunders, seconded by Councilman Holland , that the check referred to be accepted and deposited in the Revolving Improvement Fund, to be used for street improvements, and upon call of roll th~ motion carried unanimously. Upon motion of Councilman Saunders, seconded by Council- man Holland, and unanimously carried, bills totaling $ 39,239.88wwre,approved for payment, subject to the approval of the Finance Committee. Improvement Lien Certificates Nos. 439 and 440 cover- ing Street improvement assessed against Lots 31 and 32, Block 6, Dell Park, were brought up with the request that these certificates be cancelled, as the land was owned by the State of Florida at the time the Assessments were made, that the State of Florida had not been notified of the assessment at the time, nor agreed to assume the liens, which are therefor void. The Certificates in the amount of $ 2V.80 each, dated 6/12/40. are held by the Estate of Allen M. Bond. As the City Attorney had previously ruled that such assessments were illegal and could n~t be considered a lien against the property, a motion was made by Councilman Holland, seconded by Councilman Saunders, that the liens be cancelled., and the principa~ amount of the certificates be refunded to the holder of the same. Upon call of roll tha motion carried unanimously. Recommendations of the Zoning Board pertianing to the square footage requirements for Residence "C" Districts in the White Section of the City, and also in the colored section , were read as follows: May 29th, 1950 To the Honorable Mayor and Members of the City Council Delray Beach, Florida. Gentlemen: Your Zoning Board met at 11:00 A M in the City Manager's office with the' following members present: Chairman Kenneth Jacobson, Garland Thayer, King S. Cone and R. Bruce Puckett. The first matter considered was the request of Mr. W. C. Burton to deviate from the required rear 10' set-back and allow the construction of a building with a 5' rear set-back on his property at the SE corner of East Atlantic Ave., and Bronson Street. We do not feel that the adherance to the required minimum set-back regulations will work a hardship on the property owner. Due to the fact that the adjoining property at the rear has not been dedicated as an alley or easement, in order to maintain uniformity in minimum rear set-backs and provide adequate access to business buildings, we recommend Shm~*the adherance to present regulations. In your request at your regular meeting of Apri122nd, 1950 to take in consideration the following matters in connection with the §50' square footage requirements for Residence "C" Districts: 611 15o 1. RestrictiSns in Residence "C" District in Colored Section : We reco~end that 550' square footage ground floor requirements be adhered to. 2 and 3. (2) Some provision for a min- imum sized house in the white section, (3) Recon~nendations regarding the raising of the square footage requirement of 580' square feet in Residence "C" Zone in the ~ite Section : We recommend that a 600' ground floor square footage requirement be established, as we feel that this is am~le space to provide for comfort in a one- bedroom unit, Yours very truly, DELRA¥ BEACH ZONING BOARD (Signed) Kenneth Jacobs on Chairman (Notes) Pertaining to 1 and 2 For first meeting June 1950 Building Inspector--- C floor area not to be carried over into the business area. Use B of 896 for bus ines s. City Attorney Moore advised that this would be affecting a re-classification of zoning, which can not be legally con- sidered until December 1st, and suggested that an Ordinance be drafted at this time to becom effective December 1st, making these changes in the Zoning Ordinance. A motion was made by Councilman Holland, that the fore- going recommendati OhS of the Zoning Board be accepted, and that the City Attorney be instructed to draft an Ordinance as recommended, to become effective December 1st, 1950 The motion was seconded by Councilman Roth, and upon call of roll carried unanimously. City Attorney Moore urged the Council to appoint a Committee to take up with the Board of County Commissioners the possibility of making N. E. 8th Street, from Swinton Ave, to the Federal Highway, a County Road. He stated that this is a connecting road between two State Highways, and badly in need of repair and improvement before the Atlantic Ave., Bridge is closed which will greatly increase traffic over*~-he N. E. Sth Street. After discussion by the Council, a motion was made by Councilman Holland, seconded by Councilman Roth, an~ unani- mously carried, that the Mayor and the City Manager be instructed 6/13/50 ~/i~ / and authorized to confer with the Board of County Commissioners with reference to the County taking over the repair and maintanance of N. E. 8th Street, with the provision that improvements be made as soon as possible. Mr. A1 DtCampli, owner of Lots 21 and 22, Block 13, 0sceola Park, appeared begore the Council requesting the City to clear the lot adjoining his property, which he claimed is cov- ered with brush 9' high, and a fire hazard. He had written the owner of the lot several times, he stated, but had received no reply. A motion was made by Councilman Saunders, that the City a atorney be requested to advise this property owner that her lot must be cleared by August 1st or the City will clear it and assess the cost against her property. The motion was seconded by Councilman Roth, and carried unanimously. The meeting then adjourned. (signed) Ruth R, Smith City Clerk APPROVED: Mayor