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07-25-50 JULY 25 TH, 1950 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 John 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, Walter A. Roth and J. L. Saunders a quQrum being present. An open letter from V~n. P. Bobb Jr., Executive Manager of the Florida East Coast Chapter of the Associated General Contractors, addressed the Joint Cooperative Committee, con- sisttng of the P~lm Beach Chapter of the ~merican Institute of Architects, the Florida East Coast Chapter of the Associated General Contractors of AMerica, and the West Palm Beach Chap- ter of Professional Engineers;the West Palm Beach Board of Realtors, Civic Officials of West Palm Beach, Palm Beach, Lake Worth, Delray Beach, Riviera Beach, Pahokee, Belle Glade, and Civic Clubs and 0rgani~.ations, with reference to obtaining Federal Loans for Advance Planning of Public Works, together with a digest of Traffic Association Survey prepared by the Joint Cooperative Committee, were filed. Mr. Tom Mayer, representing Mr. Wm. P. Bobb Jr., addressed the Council, explaining the appointment of a Freight Rate C°EEittee by the Joint Cooperative Committee referred to above. He stated that ~ates on freight coming in to PaLm Ceach County were higher than in Dade County or Broward County, and this Committee was studying action taken by Cities~ in~:~other Counties to obtain reduced freight rates. He stated that a professical Traffic Engineer will be employed, who will investigate all rates on freight coming in to Palm Beach County, who will contact the railroads in case of irregularities, and handle all Court procedures~ involved, he outlined a plan of sharing the cost of operating this Committee between Palm Beach County and the Municipalities which would be benefitted. He asked that this City contribute $ 1,500.00 as their share of the cost. Mr. Maher further stated that a Traffic Bureau would be set up in West Palm Beach where best shipping routes, rates, and other information could be obtained. It was the concensus of opinion of the Council that our share was figured too high in comparison with West Palm Beach ans Lake Worth, that the Towns of Boca Raton and Boynton should also share this expense, as they would benefit as much as or more than this City, by a reduction in freight rates. However, the Council agreed to place the request on the list of items for consideration in preparing the budget for the coming year. Mr. Bruce Puckett then addressed the Council, presenting a form of Resolution perta~ing to the excessive price asked for submerged landssouth of the City by the Trustees of the Internal Improvement Fund of the State of Florida. He claimed that the State had recently raised the price of this land, which would tend to prevent the development of property along the Canal. Mr. Puckett asked the C~uncil to adopt a similar Resolution and foz~vard a copy to the State Land Department in Tallahassee. After consideration, a motion was made by Councilman Saunders, seconded by Councilman Holland, that a Resolution be adopted as requested, omitting the word "n~minal" in the last paragraph. Upon call of roll the motion carried unan- imous ly. RESOLUIOTN NO. 766 A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, CE~AIN PARCELS OF LAND IN PALN BEACH COunty, Florida, between Government Neander lines and are designated as submerged lands and therefore of little value, and WHEREAS, in most cases there is no access to said lands except over the lands of adjacent property owners, which makes said lands practically useless except for development along with the adjacent lands, and WHEREAS, said lands, being largely swamp lands, are of no good use in their present condition, but instead are pest holes and breeding grounds for mosquitoes, sand flies and other vermin, and are a serious menace to the health and growth of the surrounding communities, and WHEREAS, the development of those lands into usable properties involves costly operation, such as drainage, dredging, filling and grading, and W~EEEAS, during recent months several desirable projected developments of large tracts have been abandoned by property owners and others are being held in abeyance because of the excessive price currently demanded by the State for securing title to the meander line~ areas, NOW, THEREFORE, BE IT RESOLVED, that the present policy of the State Government of setting a high and unreason- able price on said lands, is unfair and unwise, and will continue to be a serious obstacle to the health and devel- opment of the affected Communities, and BE IT FURTHER RESOLVED, that the loaner policy of the State to encourage development of the said lands, by giving title to adjacent property owners for a fair remuneration, was a wise and Just policy and should be reinstated immediately. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 2§th day of July A. D. 19§0 (Signed) John N. Kabler Nayor ATTEST: Ruth R. Smith .... 'city Cler~ Mr. Puckett then advised the Council that he had obtained a tentative proposal to purchase a ten acre tract of City owned land in Section 21, lying Just ao~th of the City Limits, fronting 330' on the Canal, and running back to approximately S. E. 4th Avenue. He explained that his prospective purchaser would develop the Canal frontage as a Yacht Basin with dockage space, would build stores o~ service facilities on the Highway frontage, and possibly a swimming pool on the land west of the Highway. He felt this would be very advantageous for the City, and would provide a substahtial Yacht Basin for winter visitors. He estimated the value of the land to be about $ 12,500.00, City Attorney explained that as the property had not been offered for sale, a base bid on the property would have to be established, notice of receipt' of bid published, and the land sold at auction on a certain date, although it could be specified what the property must be used for. Councilman Jacobs objected to selling this tract of land for a nominal sum, as $ 3,000.00 had already been spent by the City in filling in the Canal frontage. City Manager Black suggested that the City either proceed at once to annex this property in the City Limits, or consider setting a base bid price on it, to be used for certain purposes. After further discussion, the matter was referred to the Fact Finding Committee for recommendation as to whether the land should be sold or leased, the conditions for selling it, and the price to be asked for it. Mrs. Alice Mayer again appeared before the Council with reference to assessments on her properties in Block 125 as pared with assessmentsplaced on other properties in this Block. City Manager Black stated that he had remeasured all of the properties in question, and had found the following discrepancies: Lots 12 and lB, Bloc~ 125 Owned by Mrs. Mayer Original cubic footage 11,088 Corrected " " l0 t Difference of ' V67 'Cubic feet, and a Reduction of $ 18§.00 in valuation. Lots 14 and 15, Block'~125, owned by Nfs. Mayer Original cubic footage 19,088 Corrected figure, in-~ cluding building not formerly assessed Increase in footage 5,624 , and an increase of $ 880.00 in valuation. Lots 40 and 41, Block 128, owned by Mrs. Mayer Original cubic footage 13,~S6 Corrected " " 16 033 ( Including building not previously assessed) Increase in cubic footage 2,297 and an increase of $ 580.00 in valuation. The property owned by Clarence H, Martin, located on Lots 18 and 19, Block 128, adjoining Mrs. Mayer's property, had also been remeasured, and it was found that a concrete block porch had been enclosed and should be figured at the same rate as the house, which increased the cubic footage free 12,176 cubi. c feet to 12,564 cubic feet, or an increase in valuation of $ 70.00. With this explanation, Mrs. Mayer was advised that her property had been assessed on exactly the same basis as all other property, and the Council could go no further. City Manager Black advised the Council that his estimated cost of paving N. W. 1st Street, from N. W. 5th Ave., to N. W. 8th Ave., was $ 3,43V.50 for a standard 22' rock road with asphalt top. The following Resolution was then presented, and same was read in full: RESOLUTION NO. 764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION,GRADING A~D PAVING OF N. W. FIRST STREET, FROM N. W. 5TH AVENUE TO N. W. 8TH AVENUE; ASSESSING ADJACENT PROPERTY FOR THE COST THEREOF, AND PROVIDING FOR THE PAYMENT THEREOF TO, BE PAID IN TEN (10)EQUAL ANNUAL INSTALLMENTS, AND FURTHER PROVIDING THAT THE TIME AND PLACEOF HEARING OBJECTIONS, IF ANY, TO SUCH, IMPROVEMENT SHALL BE AT 7:30 P. M. ONfJ~JGUST 22ND, 1950, AT THE CITY HALL IN THIS CITY. WHEREAS, thatCity Council of the City of Del~ay Beach, Florida, did on the llth day of July, 1950, adopt a Resolution order- ing the City Engineer to prepare plans and specifications and an estimatsof cost for the construction, grading and paving of N. W. First Street from N. W. 5th Avenue to N. W. 8th Avenue, said paving to be the width of twenty-two feet (22') and re- quiring said plans, specifications and estimates of cost of such improvements to be pla~ed on file in the office of the City Manager, and WHEREAS, increased vehicular traffic has necessitated the paving of N. W. First Street as aforesaid, - NOW, THEREFORE, BE IT RESOLVED by the City C~u~'cl~a? of the City Of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: Grading, c~nst~uction and paving of N. W. 1st Street from N, W. 5th avenue to N. W. 8th Avenue, to a width of tenety-two feet (22') the total cost as estimated of such improvement is $ 3,437.50 BE IT FURTHER RESOLVED that the entire cost of such improvement shall be assessed against the followin~ described properties in Delray Beach, Palm Beach County, Florida; N. 50' of E. 135' of Block 20 N. 50' of W. 135' of" 20 Lots 20, 21, 22, 23, and 32, Monroe Subdivision (N. 1/2 of Blk. " 20, 21, 22, 23, and 2~ " " " " "4 S. 65' of E. 65' of Block 19 W. 50' of E. llS' of S. 135' of Block 19 W. 50' of E. 165' of S. 135' " " 19 Approx. S. 66' of W. 135' of Block 19 S. 1/2 of S. 1/B of Block ll, less W. 50' of S. 135' W. 50' of S. 135' of Block ll W. 22' of S. 135' of Block 3 W. 50' of E. 250' of S. 135' of Block 3 W. 50' of E. 200' of S. 135' of Block 3 W. 50' of E. 150' of S. 135' of S~lock 3 W. 50' of E. 100' of S. 135' of Block 3 E. 50' of S. 135' of Block 3 said benefits to be determined and prorated according to the front footage of the respective properties as set forth imEed- lately above. BE IT FURTHER RESOLVED that said special assessments against all the lots and lands as set forth above which are specially benefitted, shall be and remain liens superior in dignity to all other liens, except liens for taxes, un~il paid, from the date of the assessment upon the respective lots and parcels of land assesse. and shall bear interest at the rate of eight per cent per annum, and which may be paid in ten equal installments with accrued interest on all deferred payments. Payment shall be made at the same place that taxes are payable~:to~h~?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 in- stallment 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 of Chancery to enforce payment thereof with all accrued 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 assessment. BE IT ORDERED that the City Council shall sit at the City Hall in the City of Delray Beach, Florida, at 7:30 P. M. on August 22nd, 1950 for the purpose of hearing objections , if any, on said proposed improvements, as set forth above. IT IS FURTHER ORDERED that this Resolution be published once a week for two ("0 consecutive weeks in the Delray Beach News, ADOPTED by the City Council of the City of Delray Beach, Florida, on this 25th day of July, A. D. 1950. (Signed) John N. Kabler Mayor ATTEST: Ruth R. Smith City clerk SEAL Upon motion of Councilman Saunders, seconded by Councilman Roth, and unanimously carried, the foregoing Resolution No. 764 was passed and adoptedas read. With reference to requirement of Zoning Ordinances for a 10' set-back for business buildings fronting on Atlantic Avenue City Attorney Moore explained that M~. R. E. MCCabe, who plar~8 to construct a store building on Lot 4, Block 100, contended that the City Code stated~that where a new building adjoins an existing building with a front set-back of less than 5', the new building may be set back from the existing building. However, this Section of the Zoning Ordinance has been amended to require a minimum setpback of 5' and a new building shall maintain an additional 5' set-back. Councilman Jacobs felt that the Ordinance is impractical, and that buildings should be built in line with existing build- ings. Councilman Roth recommended a uniform set-back measured from the cneter of Atlantic Avenue. Assessment Roll on N. E. 1st Street paving improvement, from N. E. 1st Avenue to the Florida East Coast Railroad, was filed by the City Engineer, as follows: ASSESSMENT ROLL Construction, grading and paving of N. E. First Street from N. E. First Avenue to the Florida East Coast Railroad, Description Fr6nt l~ Assessment Total Footage ..per foot Assessment E. 5B' 0f'Lot 8, Blk 75 Dewey Morris 55' $ 5.941 $ 326.76 W. 80' of Lot 8 Blk. 75 ~ Billy & Betty J. Priest 80' " 475.28 Lot 16, Blk. 75 R. D. & Jessie A. ~::~ Smith 135 ' 5.392 727.92 Lot 1, Block 75 Delray Ltunb e r Co., 125 ' 4. 766 595.75 Lot 7, Blk 76 Mary C. Heisley 135 ' 5.392 727.92 Lot 8, Blk 83 Robert J. & Martha K. Holland 135 ' 1.22? 165.63 Lot 16, Blk 83 Max Woehle 135' 1.227 165.63 N. 68' of Lot 1, Blk. 84 Catherine E. & Milto J. Strong 135 ' , 1.227 165.63 Lot ~.~Blk 84 Ocean City Lumb e rCo 135 ' 1. 227 165.63 TOTAL ASSESSMENTS $ 3,516. 15 Mr. Black explained that this improvement had been figured at three different rates per front foot, as 3/4 of the Block betweeb 1st and 2nd Avenues had been paved complete with curbing, whereas curbimg had been pu~t in by the builder of the Post Office building on the re~Aining 1/4 of the Block. In the Block between 2nd Avehue and the Railroad, the 24' pavement had only been reconditioned and resurfaced, without curbs, which made the cost lower. The following Resolution was then introduced: RESOLUTION NO. 765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, APPROVING THE REPORT AND ASSESSMENT ROLL SUBMITTED BY THE CITY ENGINEER OF SAID CITY CONCEHNING IMPROVEMENT BY GRADING, CONSTRUCTION, AND PAVING OF N. E. 1ST STREET FROM N. E. 1ST AVENUE EAST TO THE FLORIDA EAST COAST RA ILROAD. WHEREAS, the City Engineer of the City oE Delray Beach, Florida, has, in pursuance to the Charter of said City, su~m~itted to the City Council for approval, a report of the cost and the A~Sessment Roll for the grading, construction and paving of N. E. 1st Street, fro, N. E. 1st Avenue east to the Florida East Coas~ Railroad, NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: That said report and assessment roll, as submitted by the City Engineer, be and the same is hereby approved ADOPTED by the City Council of the City of Delray Beach, Florida, this 25th day of July, A. D. 1950. (Signed) John N. Kabler ATTEST: Mayor Ruth R. Smith City Clerk SEAL Upon motion of Councilman Holland~ seconded by Councilman Sa~.~unders, and unanimously carried, the foregoing Resolution No. 756 was passed and adopted as read. Upon motion of Councilman Roth, seconded by Councilman Jacobs, and unanimously carried, an application for license to manufacture and store septic tanks on Lots lB --16 inclu- sive, Block 92, on N. E. Railroad Str., filed by F. A. Johnson !n~ , was denied, as this is not an Industrial zone. A petition filed by Gracey Brothers, together with letters from owners of property fronting on N. W. 12th Street, between N. W. 3rd Ave., and 4th Ave., requested the Council to change the name of the Street from N. W. 12th Street to Grove Way. After consideration the following Resolution was presented and same was read in full: RESOLUTION NO. 767 A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE PORTION OF NORTH-WEST TWELFTH STREET TO GROVE WAY, IN THE CITY OF DELRA¥ BEACH, FLORIDA. BE IT RESOEVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: That the n~me~.o2 that portion of N. W. 12th Street between N. W. 3rd Avenue and N. W. 4th Avenue be, and the same is hereby changed to Grove Nay'.~'.~,. ADOPTED by the City Council of the City of Delray Beac~h, Florida, Florida, on this ~he 25th day of July, A. D. 1950/ (Signed) John N. Kabler President City Council AP PROVED: John N. Kabler "~ayor ATTEST: Ruth R. Smith C"ity 'Clerk SEAL A motion was made by Councilman Roth, that the foregoing Resolution No. 767 be passed and adopted as read. The motion was seconded by Councilman Saunders, and upon call of roll carried unanimous ly. The following letter £~m ~arshall N. DeWitt was then read: July 25th, 1950 The Honorable Mayor and City Council, City of Delray Beach, Florida. Gent lemen: I deeply appreciate the confidence in me shown by your appointment of me as Director of Civilian Defense for Delray Beach. In accepting the position, I hope I shall be able to perform the duties required to your sat- i~.faction and th the welfare of the community. Respectfully Yours, (Signed) Marshall DeWitt Upon motion of Councilman Holland, seconded by Councilman Roth, and unanimously carried, the appointment of Mr. DeWitt as Director of Civilian Defense for the City was confiEned. Bills totaling $ 67,753.98 were approved for payment subject to the approval of the Finance Committee, upon mo- tion of Councilman Saunders, seconded by Councilman Roth, and unanimously carried. Proposed amendments to the Occupational Lieense Ordinance were then read by the City Attorney and discussed by th Council. Several proposed changes were questionable, and these items were referred back to the City Attorney for clarification, the Ordinance to again be presented for first reading on August 8th. The meeting then adjourned. (Signed) Ruth R. Smith City Clerk APPROVED: Mayor