01-30-47SpMtg JANUARY 30th, 19~7.
Special Meeting of the City Council was held in the Council Chambers at
1:30 P.M. to consider the proposal of the Equitable Securities Corporation
regarding the Water Revenue Certificates, and For ~uy other necessary business,
~th Mayor M.M. DeWitt in the Chair, ~nd City Manager H.P. Edmond, City ^ttorney
J.W. Nowlin, ~nd the following Councilmen present: B.C. Butler, F.D. McNeece,
J.B. Smith and C.J. White, a quorum being present.
The letter signed by residents of N.E. 9th Avenue, complaining that Mr.
Samuel Ogren was using his home as a Rooming House, a Boarding House and an
Apartment House, which was presented at the Council meeting held Ja~uary 27th,
was again read by the Clerk.
Mr. Ogren and four of the complainants being in the audience, the charges
were discussed at length with the Council, ~. Ogren contending that he was not
violating the Zoning Ordinance by renting one or two rooms in his house, as he
was merely trying to relieve the acute housing situation existing in the City
during the season.
The City Attorney was asked to define the meaning of a Rooming House, a
Boarding House, and an Apartment House, and to determine whether or not Mr.
Ogren was conducting any of these businesses from his home, which is in a
Residence "A" District which allows only single family dwellings,
Th.e complainants insisted that the renting of a room in this District con-
stitutes a commercial use of the property, which is prohibited under the Zoning
Ordinance.
After consideration of all angles of the complaint, Mr. Nowlin was instruct-
ed to check into the State Law to determine whether or not the renting of one
room wo~ald constitute a commercial venture, ~ich could not be permitted in this
"A" zone, and to report his findings to ~. Kraus as representative of the com-
plainants, to Mr. Ogren, and to the City Council.
The application of Mr. E. Anderson for permit to construct a small office
building on Lot 11, Block 1, Osceola Park, was again brought up by the City
Manager, who explained that Mr. Anderson had changed his plans to allow a 35'
set-back from his front property line, instead of 25' as originally presented.
Upon motion of Councilman Butler, seconded by Councilman Smith, Council
authorized the granting of permit to Mr. Anderson, according to the amended
plans which provide for a 35' set-back.
Council granted permission to the Key Club to operate the City on Saturday,
February 15th, v~.ich has been the custom in past years, all fines imposed by the
Key Club members to go to the Club.
The following Ordinance was presented as an ~ergency Measure, and same was
read in full:
ORDINANCE NO.
AN ~RGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ~(ENDING ORDINANCE
NO. 532 WHICH IS INCORPORATED IN THE CITY CODE OF
THE CITY OF DELRAY BEACH, B~LORIDA, AS CHAPTER XI.
Whereas an emergency exists in the City of Delray Beach, Florida due to the
fact that the requirements for the paving of secondary streets have been found
J;~UARY 30th, 19A7.
to be impractical in certain instances and it is necessary for the preservation
of public peace and safety that the same be chs~ged by this emergency ordinance.
Now, therefore, BE IT ORDAINED by the City Council of the City of
Delray Beach, Florida, as follows:
Section 1. That Section 6 of Chapter XI of the City Code of the City of
Delray Beach be and the same is hereby amended to read as follows, to-wit:
"Section 6. All new and/or rebuilt streets shall have a
concrete curb or retainer on each side thereof for the full length of
the street which shall be six inches in width and twelve inches deep,
shall be level with the surface of the street and shall be reinforced
with not less than two one-half inch iron rods throughout. The mini-
mum cement content of such curb or retainer shall be one part cement,
two and one-half parts fine aggregate and four and one-half parts
coarse aggregate. With the permission of the City Council, however,
the concrete curb or retainer may be omitted on secondary streets ~nd
with such permission the minimum width of the paving may be reduced to
twenty-two feet."
Section 2. This is ~n emergency ordinance and shall take effect
immediately upon its passage upon first reading.
_ PASSED on first and final reading on this the 3Oth day of January, 19A7.
(Signed.).. M.M. DeWITT
President, City Council.
ATTEST: APPROVED:
RUTH R. SMITH (Si~ned.). M.M. DeWITT
City Clerk M~YOR.
(SE.~)
A motion was made by Councilman White, seconded by Councilman McNeece,
that the foregoing Ordinance No. G-24 be passed and adopted as mn emergency ~easure,
~nd upon call of roll the motion carried unanimously.
City Manager Edmond stated that he had received a request for permission
to pave one block on N.E. 7th Avenue from N.E. 8th Street north through the Sophia
Frey Subdivision, which ~ould be a dead end Street and for the use of property
owners along the Street. The Street would be paved 22' in width, and would conform
with City specifications.
Upon motion of Councilman ~..~ite, seconded by Councilman McNeece, permit was
granted for the construction of this Street, in accordsnce with the foregoing Ordi-
nance -Ye. C--24.
Council authorized the Mayor, the City Clerk and the Chairman of the
- Finance Committee to dispose of $7,900.00 U.S. Treasury Notes, Series C, held by
the Water Department, and the proceeds to be deposited in the Water System Revenue
Account.
J~UARY3Oth, 19&7.
In a motion made by Councilman Smith, seconded by Councilman White, final
estimate of the NuWay Plumbing Co., for improvements to the Water Plant, in the
amomut of $6,766.02, having been approved by the Finance Committee, was ordered
paid, after all adjustments have been made. Mr. Nowlin was instructed to check
on the bond posted by the NuWay Plumbing Co. to be sure it would still be bind-
ing after final payment on the contract had been made.
City Attorney Nowlin advised the Council that he had received a letter
from the Attorneys for Equitable Securities Corporation, and Strannahan, Harris
& Co., requesting a conference with the City Council to try and reach a com-
promise agreement for the purchase of the $350,000. Water Revenue Certificates.
A motion was made by Councilman White, seconded by Councilman Mc.~eece,
ths~t the City Attorney be authorized to arrange for a conference between a
representative of the bond purchasers and the Council, ~or further discussion
of the Certificates, and that the $10,~00.00 certified check posted with the
original proposal he held without depositing until after this conference. Upon
call of roll the motion carried unanimously.
CounciI agreed to loan the street marker owned by the City to the Town of
Gulfstream for the purpose of marking a parking area from the Boulevard to the
entrance to the Club House, and also to send a City employee to mark the space
for them.
Council then adjourned to the next regular meeting to be held Tuesday,
February llth, at 10 A.M.
~~ l~e~r~
~ City
~ Mayor