Loading...
09-06-49SpMtg SEPTF-2~iBER 6TH, 1949 A Special Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 p. mo with Mayor J. L. Saunders in the Chair,.and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present: L. H. Brannon, John N. Kabler, Neil E. MacMillan and Walter A. Roth, a quorum being present. Mr. Clifford Baker again appeared before the Council to dis- cuss with Mr. S. E. Burd, a member of the Tax Advisory Board, the 1949 valuations placed on three tracts of land in John B. Reid's Village, lying east of the Intracoastal Canal and west of Venet- ian Drive. Mr. Baker claimed that these tracts had not been sub- divided, and had not been offered for sale, therefore they should not be assessed on a front footage basis. Be also stated that other~new subdivisions, in prior years, had been assessed as acre- age for a period of ten years, or until the property had been sold, and he felt that Mr. Reid's property should be assessed the~same, % way; that his property fronting on Atlantic ~venue was assessed on a front footage basis, which was agreeable to him, but he con- sidered it unfair not to continue assessing these three tracts as acerage. Mr. Burd explained that Mr. Reid had not appeared before the meeting of the Equalization Board, nor filed a complaint at that time. He pointed out that property north of ~tlantic Avem~e, front- ing on the Canal, was being assessed at $ 50.00 a foot front, the same as Mr. Reid was assessed, and the Council had ordered Mr. Reid's entire Subdivision, of which these tracts are a part, put on the Tax Roll this year. He did state, however, that the tracts could be assessed on Canal and Venetian Drive frontage, and the center as acreage, but the taxes would be increased thereby. Mr. Baker also reminded the Council that Mr. Reid had provided access through from ~tlantic Avenue to Seagate and territory south, by putting in a mile of streets for the City of Delrav Beach at his own expense. City Manager Black then stated that Mr. Reid had been given consideration last year on the valuation of his property in order to enable him to go ahead with the installation of water mains through this subdivision. As he is now unable to install these water mains, the City is plan~ing to make wate~ line extensions through this entire area. He also advised that water mains have al~ays been put through new subdivisions at City expense, with the exception of Seagate, where an agreement was made between the City and the developer of that section. Councilman Kabler believed that some consideration would have ~een granted to Mr. ~{eid if he had appeared at the Equalization Board meeting, and in his opinion it was not right to ~Ubdivide a piece of property for tax purposes, which had never been subdivided by the owner. After further discussion, a motioo was made by Councilman Brannon, seconded by Councilman MacMillan, that the assessment as prepared by the Tax Board, and certified by the Cour~cil, be recertified and accepted. Upon call of roll the motion carried, Councilman Brannon, MacMillan, ~oth and Saunders voting in favor of the motion, and Councilman Kabler opposing. SEPTE}Fl~ER 6TtI, 1949 A proposed Ordinance to regulate the licensing of Contractors was brought up for consideration, having been presented at a prev- ious meeting by Mr. John I. Thieme, representing 'the Contractor's Association, and referred to the City }ttorney for study. City Attorney Moore advised the Council that from a legal standpoint the Ordinance appeared to be good, and reasonable, but there was a question as to certain sections, which were then dis- cussed in detail, and the following changes were approved: 1. Power of the~Board, as set up in Section 5, to be limited as to the right, power and authority to make By-Laws, rules and re~lations governing its body. Council to have the authority, upon recommendation of the Examining Board, to pass upon the renewal of an expired license. 3. Board to be allowed to use its discretion in reconm~ending the licensing of Contractors, without delay of taking an examination. 4. No permit to be required to do work up to cost of ~ 50.00, instead of $ 20.00 (Section 14), and no limitation to be placed on price of building a person builds for himself (Section 16.c.) ( Mr. Schrader, Building Inspector, re- - commended that a person building a commercial building be required to employ a licensed Contractor or Super- intendent, if not a licensed Contractor himself) This recommendation was not accepted by the Council. 5. Examining Board to be composed of five members, to be made up the same as Electrical and Plumbing Boards. 6. Part of Section 7, referring to licensing of Supertinten- d~nts, to be stricken. 7. Part of Section 11, oertaining to the revocation of licenses upon filing of petition in bankrupty, to be striken. Upon motion of Councilman Brannon, seconded by Councilman Roth, and unanimously carried, the City Attorney, in conjunction with the Building Inspector and Mr. Thieme, was instructed to redraft the purposed Ordinance, making the above changes, the Ordinance to be drawn up, as nearly as possible, to conform with Ordinances regulat- ing other building trades. Mr. Thieme, as Chairman of the Chamber of Commerce Beach Committee, then complimented t~ City Manager on his work in restoring the Beach after the recent storm, and stated that he had been advised by Mr. C. Y. Byrd that the County will be unable to help on the beach with County machinery before October 1st. SEPT~:~IBER 6TH, 1949 City Attnorney Moore advised the Council that he had studied the model Ordinance regulating the operation of Taxi Cabs, filed at a previous meeting by Taxi Cab operators, and as a whole he considered it a good Ordinance, and he agreed to mail copies to each Councilman for their study before the next meeting of the Council. Mr. C. D. Cook, owner of the Acme Taxi Co. asked the Council to consider an amendment to the insurance requirement to permit the filing~of insurance policies for a period of six months in- stead of one year, as this requirement was a hardship on Cab op- erators. Hr. Norris W. Bird, owner of Lot 11, Block 8, Oseeola Park, appeared before the Council with reference to 1949 valuations placed on a building located on this lot. He claimed that although the Building Permit was taken out in October of 1948, the building was not started until April, 1949, and therefore should not be assessed on the 1949 Tax Roll. A motion was made by Councilman MacMillan, seconded by Council- man Brannon, that the Tax Roll be corrected, and that the City Clerk be instructed to inform the Atlantic Title Co. of the corr- ection of this error. Upon call of roll the motion carried unan- imously. Mr. Robert Fleming, owner of property at S. E. 5th Ave., and lOth., addressed the Council with reference to a quonsit hut owned by the Veterans of Foreigh Wars, which was damaged during the recent hurricane, and which also caused damage to his property. He ex- plained that it is dangerous to leave the hut in its present con- dition in case of another storm, and asked the Council to take some action to have it removed. Mr. Fleming was advised by the City Manager that the Veterans of Foreign Wars had been contacted, and they were trying to get a salvage firm to remove it. At the request of Mr. Mike ~lank, Chairman of the Golf Committee a meetlng of the Council and the Golf Committee was scheduled to be held at 7:30 p. m. on Thursday, Septemeber 8th. Mr. Matt Gracey then addressed the Council, urging the consideration of the $ 15,000.00 item included in the proposed budget for 1949-1950~ for advertising purposes. He stated that most business men were opposed to it, that it was not timely nor appropriate, and he did not feel the City could afford it; that if that amount of money were put in physical improvements he believed business would increase as much as by setting up this total amount for advertising. Mr. C. W. Garner also addressed the Council with reference to the proposed increase in millage, and stated that people will move to other Towns if taxes are raised out of proportion by the Council. It was explained to the audience by Councilman Kabler, that the millage would be raised to provide necessary funds to operate the City, and that if any money could be set aside for advertising it would be, but no certain amount had been promised to the Chamber of Commerce for an advertising program; that it is not a donation to the Chamber of Commerce, but an advertising program for the benefit of the City of Delray Beach. SEPTE~IBER 6TH, 1949 The question of whether the present Zoning Board is only a Zoning Board or a Planning Board also, was brought up by the City Manager, who stated that he felt it was the intent of the Council to appoint a combined Zoning and Planning Board. He explained that from meeting with the Zoning Board he had learned that planning is a big part in consideration of future developments, and that a com- bined Board would be more practical. Councilman Brannon moved that the organization of that Board be reclassified to include both planning and zoning matters of Delray Beach. Councilman Roth moved that a separate Planning Board be set up, consisting of three members. The foregoing motion made by Councilman Brannon was then seconded by Councilman MacMillan. Councilman Kabler, however, considered a Planning Board essential, a Board to plan the future growth of the City and to pass reconm~en- datlons down to the Zoning Board. Their d~lty should be to plan the entire future of Delray Beach, as to streets, bridges, approaches, width of streets, etc., and to maintaln and keep on file maps of the City's proposed projects, unhampered by contact with the public, and to to submit to the Council proposed plans and projects for ~e develop- ment of the City. Upon call of roll the above motion that the Zoning and Planning Boards be combined carried, Councilman Brannon, MacMillan and Saunders voting favorably, and Councilman Kabler and Roth opposing. Upon motion of Councilman MacMillan, seconded by Councilman Brannon, unanimously carried, the City Manager was instructed to investigate the problem of mosquito control. An Ordinance to amend the Liquor Ordinance, pertaining to the granting of a license to a Private Club, was brought up for first reading, and same was read in full as follows: "ORDINANCE NO. G-85 ~kN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF DE.lAY BEACH, FLORIDA, AMENDING SECTION 1, OF ORDINANCE NU~ER G-S1 OF SAID CITY, PERTAINING TO THE DESIGNATED AREA IN TIlE CITY OF DELRAY BHACH, FLORIDA, IN ~;HICH INTOXICATING LIQUORS ~h~Y BE SOLD, BY EXE~TING NATIONALLY ORGANIZED AND RECOGNIZED CIVIC BENEVOLENT AND F[~ATERNAL ORGANIZATIONS." A motion was made by Councilman MacMillan, seconded by Council- man Brannon, that the Ordinance be placed on first reading, and upon call of roll carried unanimously. City Manager Black suggested that a letter of appreciation be sent to the Florida Power & Light Co. for their work in keeping the City in water during the recent hurricane, and for prompt service in restoring electric service, and upon motion of Councilman MacHlllan, seconded by Councilman Brannon, unanimously carried, the Hayor was aathorized to sign such a letter on beha. lf of the City of Delray Beach. 262 SEPTEIqBER 6TII · 1949 A letter from the Zoning Board· pertaining to the granting of a Special Permit to A. George to construct an addition to building located on Lot 3· Block 93, was read as follows: "September 6, 1949 Honorable Mayor and Members of the City Council of the City of Delray Beach Gentlemen: Your Planning and Zoning Board met at 9:30 A. M. September 6, 1949, at which meeting Kenneth Jacobson, Bruce Puckett, and King Cone were present. Mr. Abraham George's request for the erection of a building to be attached to the building now occupied by Margaret Ann Super Market and Patterson's Pharmacy facing South East 4th Avenue was considered. In view of the present regulations governing set-backs, being such that the erection of this building would be in direct violation thereo£, this board recommends that same be denied. Very truly yours, DELRAY BEACH PLANNING AND ZONING BO.~fl~D KING S. CONE Chairman KSC: hfl" Councilman Hoth felt that the street can be widened sooner by forcing compliance with set-back requirement~; and Councilman. MacMillan did not think it would be practical to widen the street at that point, although he felt the Zoning Board was justified in its recommendation. Another letter from the Zoning Board, with reference to the prohibition of parking on side streets of 40' or less in width, was then presented and read as follows: "September 6, 1949 Honorable Mayor and Hembers of the City Council of the City of Delray Beach Gentlemen: Your planning and Zoning Board again request that you give serious consideration to a non-parking ordinance that would tend to create a desire on the part of the property owners to conform with set-back regulations. This is particularly applicable to 173 feet north and south of the center of Atlantic Avenue on all intersecting streets. SEPTEMBER 6TH, 1949 An Ordinance prohibiting parking in the area above mentioned where less than 40 feet of pavement exists would be of great assistance in disposing of future requests for Special Permits for improvements on property facing Atlantic Avenue. This board realizes that a thorough study would be required before proposing such an ordinance, which if adopted would eliminate the necessity of the present required 10 foot set-back that prevent our approval of Mr. George's request. We feel that by providing 40 feet of pavement for moving vehicular traffic future traffic demands could be met, and at the same time the property that would be required for the 10 foot set-back can be used to a better advantage, both to the city and the property, if occupied by a building than if used for parking purposes. Very truly yours, DELHAY BEACH PI~LNNING AND ZONING BOARD KING S. GONE Chairman KSC:hfl" After discussion of the matter, a motion was made by Council- man Brannon, seconded by Councilman MacMillan, that special permit be granted as requested by Mr. George, and upon call of roll the motion carried unanimously. The Council agreed to make a study of the prohibition of parking on any streets recommended by the Zoning Board, as an aid to traffic conditions. ,i The meeting then adjourned. ' City ~ler~ AT TEST: