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09-27-49 SEPT~I~IBER 27TII, 1949 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P. Fi., with Flayor J. L. Saunders in the Chair, and City Attorney John Noore, City Nanager Charles E. Black, and the following Councilmen present: L. tt. Brannon, John N. Kabler, Nell E. Nac}iillan and .~'alter A. Roth, a quorum being present. Attorney Paul Rogers, representing the firm of Alley, Burns, Drew and ,~liddleton of West Palm Beach, appeared before the Council on behalf of property owners in the vicinity of Seabreeze Avenue and Lowry Street, and again asked that the Council call a public hearing of all interested persons in that vicinity, to consider the rezoning of part of Blocks 140 and 148, fronting on Lowry Street, from an Apartment zone to a Residence "A" zone. ~lr. Rogers referred to a petition previously filed by five property owners, asking that this change be made, which petition had been referred to the Zoning Board, who turned it back to the Council as not having been requested by the o~ners of the property which would be affected. He now asked that public notice be ~iven ol~ a hearing before the Council, stating that these people had purchased the property believing the so:~th side of Lowry Street was a Residential District, but that the zoning had been changed in 1947 without public notice havin.~ been given, by a ~aster ftezoning Plan, and that the Courts have held that unless there is a sub- stantial change in the nelghborhood such spot zoning is unreasonable. He contended that the area was completely destroyed as a residential area by this zoning, but that the property in Block 140 and 148 would not decrease in value by being changed back to a Residence "A" zone. He also asked that the Building Inspector be instructed not to issue, any permits for other than residential structures until a hearing can be held. Fir. ti..~l. O~Neal, a former member of the Zoning Board, explained that the property in question joined business property facing on Atlantic Avenue, and that it would not be reasonable to have a res- idential zone immediately in back of a Business Zone nor as near Atlantic Avenue. Hr. Henry V. Pope and Fir. R. F. Blake, Architects, representing the Bankside Realty Corporation, owners of property in Block 140 fronting on the Waterway, also explained that their clients had pur- chased this property whlch was zoned for apartment house construction, and plans were being fo~ulated for a thirty unit apartment building which wbuld be an asset to the City. This property had been purchased as an Apartment site under a legal Zoning Ordinance, and the.v could see no reason for a public hearing, nor a change in zoning. Councilman [~acFlillan did not favor considering a zoning change without a recomn~endation from the Zoning Board, which will not meet until December 1st, and upon motion of Councilman Roth, seconded by Councilman ~lac~lillan, unanimously carried the matter was tabled. Fir. E. L. Davis, a former professional boxer, appeared before the Council with reference to leasing an area 150* square at the south sEpTE~[BF~ 27TH, 1949 end of the Softball Diamond, to promote weekly boxing matches during the winter season. Be would provide bleachers to seat from 3000 to 3500 people, and ~ould remove and store the bleachers during the Softball season. He offered either to lease the ground, or pay a percentage of the receipts to the City for the use of the space. He also stated that the Boxing ~atches would be sponsored either by the American Legion or the Veterans of Foreign Wars, as is the custom in other Towns. A motion was made by Councilman Brannon that the matter be referred to the City Attorney for checking of arrangements made by surrounding conm~unities for such projects, and upon call of roll the motion carried unanimously. A complaint was made by Hiss Dorothea Galvin with reference to a bill she received for~ 5.00 for occupational license covering three rental units at one location. She explained that she had two cottages which she rented, and that she lived in the third building, although she did rent one room in the building in which she lived. As the State Hotel Comn~ission does not tax less than three rental units, and as duplexes are not taxable, she felt that the two build- ings should be considered as a duplex, and she shoud not be subject to a license for renting one room, although she was taxed by the State Hotel Commission for this one room. She asked that the City license Ordinance be amended, or that everyone in the City who rents three or more houses or rooms be required to pay such license fee ..... Hiss Galvin was advised that the Council wuuld meet on Friday September 30th, to ~o over the License Ordinance, and, would con- sider her complaint at that time. Nr. William D. Wade of Lake Worth, who has had a peddler's license in this City for the past thre? years, a~peared to protest the increase in this license fee from ~25.00 to ~125.00 this year, stating that he ~oald ~e forced out of business by ~s excessive City Attorney Hoore explained that this recent amendment to the License Ordinance was enacted primarily against house to house peddlers, but that it was misleading as written, and he suggested that the Ordinance be rewritten to be more explicit~ He agreed to furnish copies of this Ordinance to each Councilman before the~meet- ing on Friday, for their study. A letter from Senator John R. Beacham, together with copy of letter written by him to the Chairman of the State Road Department, with reference to the improving of U. S. Highway No. 1 through this City were read as follows: "Florida State Senate Tallahassee September 21, 1949 Honorable J. L. Saunders ~ayor, City of Delray Beach, Florida ~EPTF~iBER 27Ttt, 1949 Dear }{ayor Saunders: I appreciate very much having the Resolution of your City Council relative to the deplorable condition of U. S. Highway No. 1 from Boynton Beach south: through your City, and I concur with you in this matter. I have today written the Chairman of the State Road Depart- ment as per enclosed copy, and assure you that I will bend every effort to get something done. Wi th kind regards, I am Sincerely, (Signed) John Ro Beacham JP~B: T Se6a'~ov,' 35th xstrxct "September 21, 1949 Honorable Alfred Ao HcKethan Chairman, State Road Department Tallahassee, Florida Dear Sir: You have no doubt received by this time, cmpy of two Resolutions with respect to the deplorable condition of U. S. Highway No. 1 from Boynton Beach south, going through Delray Beach. One of these Reso- lutions is from the City of Delray Beach and the other from the Junior Chamber of Commerce of said City. I have received the Reso- lutions and concur therein, and would appreciate it if your Department could start at an early date to remedy this condition. I believe you have the survey already made to connect from Boynton Beach south to the north, line of the four lane of U. So No. 1 just south of Delray Beach, and I sincerely trust that your Department will put forth every effort to start immediate work on this main highway in our section. With kind personal regards, I am Sincerely, .(Signed) John R. Beacham JP~B:T Senator 35th District" A copy of letter written by Nfo E. Harris Drew, President of the Palm Beach County Association of Nunicipalities, to Senator Beacham, was read as follows: "September 16, 1949 Hon. John R. Beacham, State Senator Hon. John E. Bollinger, State Representative Hon. B. Elliott, State Representative Tallahassee, Florida Gentlemen: At previous meetlng of the Association of Municipalities of Palm Beach County, the Association went on record to the effect that the cities and towns of Florida should share in any revenue created by new taxes. You are, of course, aware of the desperate financial plight of many o£ the towns of Palm Beach County and we especially urge that if it is determined by the Legislature that new sources of revenue are desirable, that you will see to it that such legislation contains some provisions for the cities and towns to share in such new revenue on some just and equitable basis. Respectfully yours, (Signed) E. Harris Drew E. Harris, Drew, Fresident Palm Beach County Association EHD:LJK of Municipalities" A letter from Mrs. Edna Guetherman, pertaining to a fall which she claims occurred on a City sidewalk about two years ago, was read as follows: September 23rd, 1949 Members of City Council Dear Sir:- I have asked Mr. Moore to try to have a settlement as I have been very tll again and the Dr. has ordered me to go away. You people are holding me up as I can't go unless this is settled and I certainly do think you are obligated to me .for the 1)r. bill at least as that is all I hhve been doing since being hurt is paying Dr. bills. Will you please do me t~is favor so I can have some peace of mind and get well again as it will take me some time to get over this operation. Thanking you most kindly Sincerely, (Signed) Mrs. Edna Ouetherman" After consideration, a motion was made by Councilman Roth, seconded by Councilman Brannon, that the letter be filed, and the City ~ttorney be instructed to advise Mrs. Guetherman that any lia- bility on the part of the City would now be denie~. Upon call of roll the motion carried unanimously. S~TENBER 27TIt, 1949 ~ith reference to tile employment of a Certified Public Account- ant to audit the City books for the Fiscal year ended September 30th, 1949, the following letter from Frederic Dunn-Rankin & Co. was read: "September 26, 1949 Honorable City Council City of Delray Beach Florida Gentlemen, In the past we have made the annual audit of the books and records of the City of Delray Beach for the fiscal year ended September ;30, 1946 and we have made semi-anm~al audits for the fiscal years ended September 30, 1947 and 1948. In connection therewith we made a complete revision of accounting records and procedures, and feel that much progress has been made. Under the same terms which governed our past audits, we pro- pose to make a complete annual audit for the fiscal year ended September 30, 1949, for a fee of $900.00. As in the past, our audit work will be performed in accord- ance with the municipal audit procedure recommended by the National Committee on Municipal Accounting. Respectfully submitted, FREDEllIC DUNN-~XNKIN & CO. E~R/af By: (Signed) Eleanor N. Ryan~ Co~ncilman MacHillan recomn~ended that a resident of Palm Beach Coanty be employed for this work, and upon motion of Councilman Brannon, seconded by Councilman HacMillan, unanimously carried, the City Hanager was instructed to obtain bids from several Auditors in this County. City Hanager Black advised the Council of the filing of a tentative plat, prepared by Hr. A. Fugate, Surveyor, and proposed by Mr. A. Hofman, for the opening of 8th Avenue from 5th Street north to 7th Street to join the right-of-way to 8th Street. Hr. Hofman had stated that he was will±ng to dedicate his share, and possibly more, of the right-of-way needed to open this street. Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried, Hr. Hofman~s proposal was accepted, and the City Manager ~as instructed to endeavor to obtain enough right-of-way on the east of this Street to provide a 50~ street if possible. Plans were presented by the City Manager For the construction of a combination business building, and two bedrooms and bath, in the SEPTEFIBEIt 27TIt, 1949 neighborhood of 13th Avenue on the south side of West Atlantic Avenue, who stated that they met all requirements as to set-back, height, and width of building, and construction for No. 1 Fire Zone. A motion was then made by Councilman Brannon, seconded by Councilman Kabler, that the application be approved, subject to final approval of the City Hanager and Building Inspector, and upon call of roll the motion carried unanimouslyo An application for license to sell beer and wine, in the Boyd Building on East Atlantic ~venue, flied by Thomas L. Douglas and Robert L. Grambille, was presented for the approval of the Council. A letter from Hr. R. Bruce Puckett, in connection wlth this application was read as follows: "September 20, 1949 The Honorable Nayor and other Hembers of the City Council City of.Delray Beach, Florida Re: Application for Beer and Wine License of Tom Douglass Gentlemen: In the above matter I am pleased to submit some relevant infor- mation for your assistance in arriving at a decision. It is my understanding that the ordinances of the City of Delray Beach distinguish between a license for the sale of liquor and a license for the sale of wine and beer, and that there is no striction as to the number of beer and wine licenses that may be issued except that they may not be located within 300 feet of a Church or school. Your attention is respectfully invited to the fact that in this land of free enterprise and free competition, it is not customary for a govermental agency to restrict against or regulate free competition. The usual manner in which this is handled as between a landlord and tennant is in the lease itself. I have read the leases between Hrs. Grace S. Weir and her tenants in the Boyd Building. property and there is no clause giving any tenant a monopoly. Tom Douglass, this applicant, went to Europe this summer and while there got an idea for a high type operation which would involve the' sale of wine and beer only, and this application has been made and arrangements have been executed between him and Hrs. Weir for him to lease Store No. 4 in the Boyd Building to the end that he may open such a first class Continental operation here in Delray Beach. It really will not conflict with or take basiness away from anyone. To the contrary, it will stimulate activity in the area and dra~ people to it that are desirable which will afford the other operators of retail establishments an opportunity to get b~siness from them. S~TE}tBE}I 27TII, 1949 The writer has known Tom Douglas and his father, Carl Douglass, in Miami Beach for many years and is in a position to vouch for their responsibility, reliability and the fact that they know how to do things in a high class way. They supervised the building of and managed for many years the Archway Ocean Villas, a large Oceanfront set-up of some 42 units just n,'~rth of the Deauxville Hotel. This set-up has 1050 feet on the Ocean and considerable property across the street and I know for a fact that an offer of two and one-ball million dollars was recently refused for it. In the past few years the father, Carl Douglass, has operated a liquor store on ?lst street in Niaml Beach and has conducted a real estate brokers office next door. He also owns his home in Golden Beach on the Oceanfront. For several years, Tom Douglass has operated a first class liquor store under the name of The Wofford Liquor Store at 2401 Collins Avenue, Miami Beach. I am positive that the most thorough investigation would reflect completely to the credit of }Ir. Douglas and feel that in sponsoring him in the Delray Beach area we are rendering a service to the community, which we always strive to do. Sincerely, '(Signed) R. Bruce Puckett RBP/d R. Bruce Pu~ett" A motion was made by Councilman MacNillan, seconded by Council- man Roth, that the license be approved, and upon call of roll the motion carried, Councilman Kabler, MacMillan, Roth and Saunders voting in favor of the motion, and Councilman Brannon opposing. An application for license to sell beer at S. ~. 5th ~venue, filed by Gertrude Carter, was presented for approval, and upon motion of Councilman Kabler, seconded by Councilman Mac}lillan, the license was granted, subject to checking of distance from churches or schools, Councilman Kabler, MacNillan and Saunders voting in favor of the motion, and Councilman Brannon and aoth opposing. A motion was then made by Councilman troth that the City Attorney be instructed to draw up an Ordinance to regulate the number of beer and wine license in the City, either according to population, or by limiting the number to be allowed in one block, for the consideration of the Council. The motion was seconded by Councilman Brannon, and upon call of roll carried, Councilmen Brannon, i{oth and Saunders voting favorably, and Councilmen Kabler and NacHlllan opposing. Councilman MacMillan explained that he mild not vote for such an Ordinance until he knew just what it would provide, that it should not be left up to the City attorney to decide. A letter from the Southern Bell Telephone and Telegraph Co., pertaining to the deeding of a 5' strip of land on the south and east sides of their property in Block 94, together with executed deed to the City covering this property, were presented by the City Hanager, ~ho explained that they proposed to dedicate this property to the City and build sidewalks thereon at their own expense. 'SE mEnn, 1949 Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried, the deed was referred to the City Attorney for examination and advice as to its acceptance by the City. A tabulation of bids received on September 22nd for furnishing materials and installing a sprinkler system on the Golf Course ex- tension, was filed by the City Hanager, as follows: "Amount Time Hurphy. Bros. Const. Co. (No Bid Bond) Cast Iron 4" & 6" Galv. 3", 2½" - 2" ~ 22,345.00 45 days Transit 4" & 6" Galv. 3' -2-~" -2' 21,270.00 45 days Hike Blank Nurseries (No Bid Bond) Transit 4" & 6" Galv. 3" -2{" - 2" 19,100.20 ? Galv. All Sizes 19,644.70 ? Howard Lee Cromer (Bid Bond Included) Cast Iron 4" & 6" Galv. 3", 23" -2" 23,691.00 75 days Transite 4" & 6" Galv. 3" - 2~" - 2" 22,083.00 75 days Transit 6"- 4"- 3" Galv. 2" 21,432.00 60 days Cleary Bros. Const. Co. (No Bid Bond) Cast Iron 4" & 6" Galv 3", 2½" - 2' 21,250.00 75 days" City Attorney Hoore advised that Hr. J. V. Nowlin, Hr. C. Y. Byrd, and he had been preparing a Resolution on the issuance of Revenue Certificates for the financing of this project, but had found that the Franchise Tax would not be sufficient to pledge for the repayment of the Certificates, and that a portion of the Utility Tax would probably have to be pledged, together with Golf Course receipts. Councilman Brannon then moved that the low bid for galvanized pipe, submitted by Hike Blank Nurseries, in the amount of $ 19,644.70, be accepted, subject to financing arrangements being made, and that the City Attorney take immediate steps to formulate plans for the pledging of utility taxes necessary to guarantee the repayment of these Revenue Certificates. sEPTE~Fl]ER 2?TH, 1949 Councilman Kabler suggested that as the bids were lower than expected, the Council try to finance the project without issuing Hevenue Certificates. He recommended that the cnntract be awarded at once, to be paid From the General Fund, thereby saving interest payments, Attorney's fees, etc., and also providing the water system almost immediately, and that the Chamber of Cor~merce be instructed to continue its membership drive to help Finance the balance o£ the construction work. After consideration by the Council as to the feasibilitv of this plan, Councilman Brannon withdrew his motion. Upon assurance from tile City Attorney that Nr. Blank's bid could be accepted although not accompanied by a Bid Bond, as the notice for bids had stated that the City reserved the right to waive all form- alities, a motion was made by Councilman NacNillan, seconded by Council- man aoth, that the contract be awarded to Nike Blank Nurseries, the lowest bidder on all galvanized pipe, in the amo~nt of ~ 19,644.70, and upon call of roll the motion carried unanimously." Councilman Roth, on behalf o~ the Jr. Chamber of Commerce, offered to purchase a Carry-All gagon or specially built Station Wagon, to be turned over to the City for use as a First Aid Truck° They proposed to buy the truck in the r~e of the City~ if acceptable, and equip it with First Aid equipment which they now have; the truck to be used to answer all First Aid calls and carry patients to the hospital. City Hanager Black explained that the plan Was to have all equipment in the vehicle ready upon call, to be available for ambu- lance service. It would be manned by members of the Fire Department. A motion was made by Councilman Brannon that if, in the City Attorney's opinion, the City can accept such donation, this offer be accepted for the purposes stated, the vehicle to be purchased in the name of the City, dealers who handle this particular equipment to be given an opportunity to submit bids on same. The motion was seconded by Conncilman-Kabler, and upon call of roll carried unanimously. It was recommended by Councilman /loth that signs be placed in front of churches and ~ivate schools to regulate traffic. The City ~lanager estimated the cost of such signs would be from ~ 16o00 to ~ 18.00 apiece, and it was decided to discuss the placing and manning of the si.gns, when needed, with churches before taking action. The meeting then adjourned. City Cie rk APPROVED: