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10-24-50lO/2k-/ 'o OCTOBER 2~TH, 19~0. 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 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, Walter A.Roth, and J.L.Saunders, a quorum being present. Mr. Arthur A.Marcus, applicant for license to conduct Auction Sales, appeared before the Council. He stated that he had operated his business in Lake Worth~ and many people from this City patronized him. He felt that by establishing his business here~ that money.could be kept in the City. Mr. Marcus explained that he conducted his business in a strictly legitimate, high-class manner, and that his mer- chandise would consist of oriental and silver collections~ pieces from famous estates~ dresdens~ etc.~ none of which are sold by local merchants. He offered to buy any merchandise back within thirty days if a purchaser was dissatisfied. The license fee of ~20.00 per day was not prohibitive, in his opinion~ Mr. Marcus further stated~ but he did ask the Council to extend the hour of closing to ll o'clock p.m. claiming the 6 o'clock closing provision was unreasonable~ as his auction sales must be held in the evening. Councilman Holland felt that there would be no competit- ion to local merchants~ and that his request to be allowed to operate during the evening was reasonable. He stated that if Mr. Marcus was willing to pay the required license fee~ it would be good revenue for the City, and he should be allowed to operate. Mayor Kabler~ however~ objected to amending the Ordinance to extend the time of operation. After a lengthy discussion by the Council, a motion was made by Councilman Holland~ and seconded by Councilman Jacobs~ that the City Attorney be instructed to prepare an amendment to Ordinance No. G-66 pertaining to Auction Sales, to extend the time for closing such sales to ll o'clock p.m. Upon call of roll the motion carried, douncilmen Holland, Jacobs, Roth and Saunders voting in favor of the motion, and Mayor Kabler voting against it. A letter from ~. Frank H. Seely~ Jr., Agent for ~.~.L.D. Tenerelli, o~ner of the E.17.~' of Lot l~, and Lots 16,17 and 18, Block ll7, was read as follows: . 10/2t.,,-/50 FRANK H. SEELY~ JR. Registered Real Estate Broker 26 S.E.Fourth Avenue Delray Beach~ Florida October 20,1950 Mr. Charles E~Black,City Manager Delray Beach, Florida. My dear Mr.Black: We as agents wish to make formal application to the City Council granting the owner of the following property lot 16,17,18 and the east 17.~ feet of lot 15~ block ll7 Delray Beach, Florida, permission to do the following. As you know the present zoning ordinance on this property is as follows: The portion of the property facing Atlantic Avenue is zoned Limited Business~ and the rear portions, namely lots 17,18~ are zoned Apart- ment House. The present o~er~ Mr.L.D.Tenerelli~ requests per- mission to use 17 and 18 as a patron parking area to be in conjunction with proposed business structure on the Limited Business section. Enclosed you will find check for $5.00 to cover cost of this request. Sincerely (Signed) Roland J. Joyal Frank H.Seely, Jr. Agent for L.D.Tenerelli Roland J. Joyal It was explained by Mr.Roland J.Joyal, as associate of Mr. Seely~ that the owner proposed to construct a business building on the portion of this property which is zoned for business~ front- ing on Atlantic Ave., and he was asking permission to use the lots south of the business area for a parking lot for patrons of this building only. He felt this would remove street parking~ as well as be a convenience for patrons of the business building. After consideration by the Council~ a motion was made by Councilman Saunders that the City Manager be instructed to advise Mr. Seely that the portion of this property which is in an Apart- ment House zone may be used for parking purposes, solely for the use of patrons of the business development which will front on Atlantic Avenue. The motion was seconded by Councilman Roth~ and upon call of roll carried unanimously. The following recommendations of the Zoning Board were then read by the City Attorney: lO/2~/FO CITY OF DELRAY BEACH Delray Beach, Florida 20 October 19%0 To the Honorable Mayor and Members of the City Council City Of Delray Beach~ Florida. Gentlemen: Your Zoning Board met in the Office of the City Manager at 10:00 A.M. October 13, 19%0 to consider the following request for special permits. The following members were present: Chairman Kenneth Jacobson, J.K.MacNab, King Cone and Garland Thayer. The first matter was the request of ~. Fred Link, to deviate from the required 3%' minimum front yard set-back on N.E.2nd Avenue to a 29' set-back. This is in an A zone, Block %, Lot 2, Del Ida Park. We recommend that this request be denied as N.E.Second Avenue is a public thorough_fare and the 29' set-back would cause the City unnecessary expense and work a hardship on the property o~mer when the right-of-way is widened to accomodate the traffic. The second request, that of Mr. H.A.Helm, to construct a swim- ming pool on Lot 1, Block 2, Seagate S/D, for the accomodation of the members of the Cabana Club and the guests of the apart- ments to be erected on this lot next year. We find no violation of the Code in this request, but we tee- commend that the request be granted under the condition that this improvement will never be operated as a public commercial enterprise, and that that clause be incorporated in the build- ing permit, to insure that there would never be a violation of the Zoning Ordinance. Very truly yours, Delray Beach Zoning Board Kenneth Jacobson, Chairman Action on the recommendation that the request of Mr. Link be denied, was deferred. Each Councilman agreed to personally inspect this property before the next meeting: to familiarize himself with the situation. Upon motion of Councilman Jacobs, seconded by Councilman Saunders, and unanimously carried, the recommendation of the Zoning Board that the request of Mr.H.A.Helm to construct a private swim- ming pool on Lot l~ Block 2~ Seagate Subdivision, was approved. lO/2k/Fo An application, filed by Charles and Clarence Lipsky, for the transfer of liquor license to them from Varno's, located at 4 S.0cean Blvd., was presented for approval by the Council. City Attorney Moore advised that in his opinion a transfer of license would not have to be filed with the Council for a period of two weeks, nor advertised in the local newspaper, as is required for a new license, and a motion was made by Council- man Roth, seconded by Councilman Holland, that the license be transferred as requested. Upon call of roll the motion carried unanimously. Mr. S.J.Humphries, Division Supervisor for the Railway Express Co.~ appeared before the Council to protest the increase in occ- upational license fee this year from $~0.00 to $100.00. He claimed that their business has decreased greatly, and this fee is excess- ive in comparison with fees paid in other cities. He asked the Council to reconsider this fee, and put it back to $~0.00. After consideration of Mr.Humphries' request, he was asked to bring in facts and figures from other Towns of this size, for consideration, which he agreed to do. With reference to the registration and tagging of dogs, upon motion of Councilman Saunders, seconded by Councilm~n Roth, and unanimously carried, a fee of $1.00 was agreed upon, to cover both the registration and tag. The following letter from C.Y.~yrd, County Commissioner, to- gether with check in the amount of ~17~.00, having been filed with the Mayor, was read by the City Attorney: BOARD OF COUNTY C0~ISSIONERS PALM BEACH COUNTY ~ST PALM BEACH~ FLORIDA Delray Beach~ Florida October 10, 1950 Honorable John N.Kabler~ City Mayor~ Delray BeaCh, Florida. Dear Mayor Kabler: Enclosed herewith is County Warrant No.2981~ in the amount of $175.00, payable to the City of Delray Beach, Florida, which the Board of County Commissioners of Palm Beach County voted for pub- licity purposes, with the understanding said check would be placed in a special fund of the City to provide for the replacement of Royal Palms which are now located on Atlantic Avenue, east of the bridge. I would appreciate if you would take this matter up with the City Council and acknowledge receipt to me, as County Commissioner, of the delivery of said lO/2¥/Fo check to the City for beautification and publicity purposes. Very truly yours~ (Signed) C.Y. Byrd County Commissioner~ Fourth District~ Palm Beach~ County~ Florida. The cost of replacing palm trees along East Atlantic Ave.~ east of the bridge~ was discussed~ and the Clerk was instructed to hold this check in abeyance, no action being taken by the Council at this meeting. Councilman Holland recommended the following parking regulations to relieve traffic congestion- 1. Prohibit parking on both sides of S.E.$th Ave.~ from Atlantic Ave. south to the alley. 2. Abolish two parking spaces in front of the Winona Apartments~ on S.E. Sth Avenue. 3. Prohibit parking on S.~..lst Ave. from Atlantic Ave. to ~ o.E.lst Court~ leaving two spaces at the entrance of the Masonic Building as a loading zone. Mayor Kabler then recon~ended the appointment of a Traffic Committee~ to consist of Police Chief Croft, City Manager Black~ and Councilman Holland~ to study these and other park- ing problems~ and report to the Council. Upon motion of Councilman Roth~ seconded by Councilman Jacobs, and unanimously carried~ the recommendation of Mayor Kabler was approved. Councilman Roth, Chairman of the Fact Finding Committee~ reported on the request of the County Attorney that the Council adopt a Resolution to prohibit all heavy traffic, inc- luding sight-seeing busses~ from using State Road AIA~ or Ocean Boulevard. He recommended that no action be taken by the Council on this request. A motion was made by Councilman Roth~ seconded by Council- man Holland that the recommendation of the Fact Finding Comm- ittee be accepted~ and that no action be taken on the adoption of a Resolution as proposed by the County Attorney~ to pro- hibit heavy traffic on Ocean Boulevard. Upon call of roll the motion carried unanimously. The Follo~zing petition~ signed by property owners in Osceola Park~ requesting the paving of S.E.2nd Ave.~ from 6th St. to 10th St.~ and S.E.7th and 8th Streets, from 2nd to 3rd Avenues~ was filed, and same was read in fully and referred to the Fact Finding Committee for consideration and recommendation: lO/2¥/ o PETITION CITY C 0UNC IL CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA Gentlemen: We the undersigned owners of the property listed opposite our names earnestly request that you pave Second Avenue S.E. from S.E.6th Street to S.E.lOth Street, to be financed from the Citys Revolving Improvement Fund. Also pave streets S.E.7~th and 8th from 3rd Ave., to 2nd Avenue. 0sceola Park John A. and 0pal C. Crist Block '14 Lot 9 Community Builders, Inc. Block l0 Lot 28 19 S.E.Sth Ave. " 29 Delray Beach, Florida " 30 Paul S. Ridley~ Secry. " 31 " 32 " 33 " 34 " 36 J. I. Deese Block ? " 28 " 29 " 30 " 31 Dupont Deese Block 7 " 32 H.E.Henrickson " 7 G. W. Morgan " 8 " 36 Katherine Gregory " 8 Alex Wilson " 7 " " 42 " " 46 Jack D. Walker Block 9 " 32 John F. Bishop " 9 " 31 Jan M. Smits " 8 N of " 32 " 33 " 34 An Ordinance to annex a certain tract of land in Section 18~ was brought up for first reading~ and read in full as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELP~Y BEACH, PALM BEACH COUNTY, FLORIDA, IMNNEXING T~UE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE CITY OF DELRAY BEACH, T0-WIT: FOR A POINT OF BEGIN?~ING, START AT A POINT ~IERE THE CENTER LINE OF ~'~ST ATLANTIC AV~£. (DELRAY BEACH YfEST ROAD) etc. Upon motion of Councilman Saunders, seconded by Council- man Roth, and unanimously carried, the foregoing Ordinance was placed on first reading. The following Ordinance, to annex a tract of City owned land in Section 21, was brought up for second and final read- ing, and same was read in full: ORDINANCE NO. G-112 AN 0RDIN.~NCE OF THE CI~Z COUNCIL OF THE CITY OF DELRAY BEACH~ PALM BEACH COUI~TY, FLORIDA, ANNEXING THE '20LLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO Ti~ CI~ff OF DELP~iY BEACH, T0-WIT: ALL OF LOTS NINE (9) AND T¥~NTY-FIVE (2~), OF BLOCK TWO (2), AI',m THAT PA~RT OF LOT TEN(10), BLOCK ONE (1),LYING SOUTH OF T~IE EXTENTSION OF THE SOUTH LINE OF LOT Tt~NTY-FOUR, BLOCK TWO (2), AND THE NORTH EXTENSION OF THE SOUTH LINE OF LOT T~,fENTY-FIVE · (2~), BLOCK TWO (2), 07 THE SUB-DIVISION OF SECTION 21, T0t~- SHIP ~6 SOUTH, RANGE ~3 EAST; AND FURTHER PROVIDING THAT THE BOUNDARIES OF THeE CITY OF DELRAY BEACH SHALL BE RE-DEFINED SO AS TO INCLUDE THEREIN THE ABOVE DESCRIBED Ti~iCT OR PARCEL OF LAND. t~KEREAS by Ordinance No. G-107 the City Council of the City of Delray Beach, Florida, declared its intention to annex to the City a tract of land as more particularly described in Section 1 hereof, and WHEREAS no objections were filed to said intention of annexation, as required by Section 18~ of the City Charter of the City of Delray Beach~ NOW, THEREF ORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida~ as follows: Section 1: That the City Council of the City of Delray Beach~ Palm Beach County, Florida, hereby annexes to said City the Following described tract or parcel of land located in Palm Beach County, Florida, and lying contiguous to said City~ to-wit:. Ail of Lots Nine(9)~ and Twenty-five (2~)~ of Block Two (2), and that part of Lot Ten (10) ~ Block One (1), lying South of the ex- tension of the South line of Lot Twenty~four (2~), Block Two (2), and the North extension of the South line of Lot Twenty-five (2~)~ Block Two (2), of the Sub-division of Section 21, Township ~6 South, Range ~3 East: Section 2: That the boundaries of the City of Delray Beach, Florida, shall be so re-defined as to include therein the above described tract of land. Section 3: That, if any word, phrase, clause, sentence or other part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way effect the remaining portion. PASSED in regular session on the second and final reading on this the 2$th day of October, A.D.1950. _ John N, Kabler Mayor ATTEST: (Signed) Ruth R. Smith City Clerk 1st Reading - October 10, 19~0 2nd Reading - October 25, 19~0 Passed and adopted - October 2$th, 19~0. Upon Motion of Councilman Roth, seconded by Councilman Holland, and unanimously carried, the foregoing Ordinance No.-G~ll2, was passed and adopted as read. Proof of publication of notice to property owners, calling a hearing for objections to the confirmation of assessment roll on grading and rocking of the alley through Block lO1, was spread upon the minutes as follows: NOTICE All persons who may be interested in the property aff- ected by the Assessment Roll a~ set forth below are hereby noti- fied that the City Council of Delray Beach, Florida, has examined and approved said Assessment Roll and that said City Council will sit on the 2~th day of October, l~O, in the Council Chambers in the City Hall of the City of Delray Beach at 7:30 p.m. for the purpose of hearing objections to said Assessment Roll. Ruth R. Smith, City Clerk ASSESSMENT ROLL Grading and rocking of that portion of alley running north and south through Block lO1 which had not been previously rocked. lO/2k-/Fo Front Assessment Total Description O~ater .Footaze per foot Assessm Block lO1 S.16' of Lot 8 City of Delray Beach 16' $.665 $10.62 Lot 9 " " " " 65' " $2. ~7 N.20' of Lot l0 Charles J.Wick III 20' " 13.27 S.~4' of Lot 10 Louis D.Tenmr~lli ):):' " 29.20 Lot ll " " " 6~' " ~2.~7 Lot 12 Alfred B. Gawler & Loubeale Y. Gawler 6~' " Lot 13 L.L. Croft ,M. T.Davis and HoS.Carle Trustees of Carpenters Union ~/1927 64 ' " ~2.~7 S.16' of Lot 15 Elsie W.Davis 16' " 10.62 Lot 16 " " " 6~' " 1~2.~7 Lot 17 " " " 6~' " ~2.47 Lot 18 Martin E.&/~aisie E. Buerk 6~ ' " ~2, ~7 TOTAL 5 4' $361.00 Publish 10/12 and 10/19/~0 Delray Beach News No objections were filed in response to the foregoing notice, whereupon the following Ordinance was presented for first reading. AN ORDINANCE OF THE CITY COIE~CIL OF THE CITY OF DELRAY BEACH~ FLORIDA~ LEVYING TIlE ASSESSMENTS AS SHO~,fN BY THE ASSESo~NT ROLL SUBMITTED BY TI-~ CITY ENGINEER OF SAID CITY~ CONCERNING THE GRADING AlfD ROCKING OF THE ALLEY THROUGH BLOCK 101, b,%IERE NOT PRE- VIOUSLY ROCkeD. A motion was made by Councilman Saunders, seconded by Councilman Jacobs, that the foregoing Ordinance be placed on first reading, and upon call of roll the motion carried unanimously. A resolution adopting certain amendments to the Election Laws, passed by the State Legislature in 1959, was presented by the City Attorney, which was read in full as follows: RESOLUTION NO. 777 A RESOLUTION OF THE CITY COUNCIL OF T~UE CITY OF DELR~tY BEACH ~ PALM B.~CH C 0UN'i~Y '~'~ ~ LOHIDA~ ADOPTING SECTIONS 101.01 THROUGH lO1.14, F. S. A. ~ AS THE SM~ ARE APPLICABLE, PERTAINING TO "ABSENT VOTERS". BE IT RESOLVED by the City Co~mcil of the City of lO/ak-/5o Delray Beach, Palm Beach County, Florida~ as follows: SECTION l: That Sections lOl. O1 through lOl.l~ F.S.A. pertaining to "Absent Voters"~ be and the same are hereby adopted by the City of Delray Beach~ Palm Beach County~ Florida~ insofar as the provisions thereof are applicable to municipal elections in the City of Delray Beach~ Florida. SECTION 2: The words "City Clerk" shall be inserted whenever the words "Supervisor of Registrations" appear in said Sections lOl.O1 through lOl.l~. ADOPTED by the City Council of the City of Delray Beach~ Florida~ on this the 2$th day of October~ A.D.1950. ~o~hn N, Kab!er Mayor ATTEST: Ruth R. Smith City Clerk Upon motion of Councilman Roth~ seconded by Councilman Jacobs~ and unanimously carried, the foregoing Resolution NOo??7 was passed and adopted. City Manager Black advised the Council that the cost of em- ploying a Consulting Engineer to help in making surveys~ setting up an assessment district~ etc., on the N.E.2nd Ave. Drainage project, would probably be in excess of $500.00, and on motion of Councilman Holland, seconded by Councilman Roth~ and unanimously carried~ he was authorized to advertise for competitive and sealed bids on engineering fees on this work. The following applications for "gratis" occupational licenses~ filed by the Tax Collector~ were presented for approval of the Council: Charles Kirsckbaum Over 6~ years of age Herbert W. Heath " " " " " W. O. Winn " " " " " W. J. Johnston " " " " " Menzo Maddox War Veteran Leonard Surles " " Duncan Hunter " " King S. Cone Permanently disabled James M. Cromer Over 6~ years of age O. Helland " " " " " T.R.O'Hern, Sr. War Veteran Pope & Blake " " (0ne partner) ~Yillie Stokes " " David Smith " " Ralph C. Smith " " Thurston Edward Pendergraft - ~ The Council instructed the Tax Collector to deny all applications filed by persons over 65 years of age~ unless proof of hardship could be furnished~ and to grant "gratis" licenses to disabled war veterans upon their furnishing proof of their disability. City Manager Black advised the Council of a request from Mr.R.E.McCabe for a reduction in 19~0 taxes on Lot ~, block 100, claiming that the building which was assessed on January 1st, 19~0, had been moved in Jul¥~ and he asked that ~0% of the assessed value of the building be deducted ~rom his taxes. He had stated that he understood he would be given consideration if he tore the building down during the year. No action was taken on this request~ upon advice from the City Attorney that it was not legally possible for the City to make such an adjustment, as the Tax Roll is made up as of January 1st. A letter from Fred F. Frink~ enclosing endorsements of Governor Warren and George W. Smathers~ outlining a plan to advertise the State of Florida through a series of twenty films, to be financed by Cities and Counties throughout the ~tate~ was referred to the Chamber of Connuerce. A letter from ~.R.Bruce Puckett, tendering his resign- ation as a member of the Zoning Board~ was read as follows: October 2~, 1950 Mfs.Ruth Smith, Clerk City of Delray Beach Delray Beach, Florida Dear Mrs. Smith: Please transmit the following co~nunication to the City Council: Upon the recommendation of my physician~ I am regretfully submitting my resignation as a member of the Zoning Board. The three years I have served on the Zoning Board have brought me some pleasant experiences in my association with the other members of the Zoning Board and with the mem- bers of the City Council. They have also given me an opport- unity for what I believe was constructive public service. I therefore regret the necessity of terminating this relation- ship and want to take this opportunity of expressing to the members of the Zoning Board and the Council my sincere hope that all of you will feel free to call on me at any time for any effort or information I might be able to furnish. I am keenly interested in sound zoning tempered lO/2k/P'o with a progressive attitude that will permit the natural growth of this area, unhampered by rules and regulations that are some- times a bit silly if construed too literally, yet that are ad- ministered in such a way as to maintain the existing beauty and charm. Sincerely, (Signed) R.Bruce Puckett RBP:il copy to Kenneth Jacobson, Chairman Zoning Board. Upon motion of Councilman Saunders, seconded by Councilman Holland~ ~gnd unanimously carried, this resignation was accepted, and the Clerk war instructed to write Mr. Puckett a letter of appreciation for his services on this Board. City Manager Black advised the Council that he had contacted the factory with reference to two Hercules Engines and one Angle Drive, for water pumping equipment, and filed the following reco- mmendation with the Council: (See next page) RESOLUTION NO. ~8 A RESOLUTION OF THE CI~ COLR~CIL OF THE CI~ OF DELRAY BEACH, FLORIDA, APPROVING THE ~fRITTEN REC0~,~E~DATIONS OF TI~E CITY ~NAGER TO ?URC~SE T¥~O HERCULES ENGINES EQUIPPED FOR t,fATER P~PING SERVICE. BE IT RESOLVED by the City Council of the City of Delray B each, Palm Beach County, Florida zs follows: Section l: That the City of Delray Beach, Florida, follow the written recommendations of the City Manager to the City Council of the City of Delray Beach, Florida, under date of October 2~, 1950, in purchasing two (2) Hercules Engines, equipped for water pmnping service, and one (1) Angle Drive for the Municipal Water Plant; that such shall be purchased at fact- ory cost, plus freight charges for the same from the fmctory to the City of Delray Beach, which purchase will reset in a saving to this City. PASSED AND ADOPTED at a regular meeting this 2~th day of October, A.D.19~O. John N. Kabler Mayor ATTEST: Ruth R, Smith City Clerk The above Resolution~ accepting the City Manager's recommendation on the purchase of this equipment~ was ready and upon motion of Councilman Jacobs, seconded by Council- man Holland~ and unanimously carried~ Resolution No. 778 was passed and adopted as read. The recommendation of City Manager Black advising the Council that he had contacted the factory with reference to two Hercules Engines and one Angle Drive~ for water pumping equipment~ was read as follows~ prior to the adoption of Resolution No.778. CITY OF DELRAY BEACH Delray Beach~Florida October 24, 19~0 City Council City of Delray Beach~ City Hall~ Delray Beach~ Florida Re: Purchase of Two Hercules Engines Gentlemen: I recommend that two (2) Hercules Engines equip- ped for water pumping service~ and one (1) Angle Drive~ be purchased~ at the factory cost for such~ plus freight costs to the City of Delray Beach, Florida~ from the Hercules Engine Company~ and the Layne Atlantic Pump Company~ respec- tively. This equipment is available for immediate shipment. The installation of this equipment is to be let by public bid. Yours very truly~ Charles E. Black~ City Manager. The meeting then adjourned. (Signed) Ruth R,..Smith City Clerk