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03-25-47 MARCH 25th, 1%7. Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at lO:OO A.M. with Mayor M.M. DeWitt in the Chair, and City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Councilmen present: B.C. Butler, F.B. McNeece and C.J. White, a quorum being present. The minutes of the Council meeting held March llth were presented and approved as written. The report of the City Attorney as to the status of the lease on the U.S.O. building, and the method of terminating the lease with the U.S. Govern- ment, was read by Mr. Nowlin as follows: "CITY OF ~DELRAY BEACH Delray Beach, Florida March 22, 19~7 City Council Delray Beach, Florida. Gentlemen: At the Council meeting on March llth you asked me to investigate the status of the lease on the U.S.O. building and ascertain when it could be termi- nated. I find from the copy in the City files that there is a lea~e on Lot 7 and the North 14 feet of Lot 8, Block 101 to the United States of america. This is the property on ~hich the U.S.Oo building is located. This lease pro- vides that since the September 8, 1939 emergency has ceased to exist that the City may give to the United States of America 30 days' written notice of its intention to terminate the lease, which termination shall be effective on June 30, 19&7. This notice should therefore be given prior to May 30, 19~7. The lease was signed on behalf of the United States of America by the commissioner of public buildings and I would suggest that the notice be given to this commissioner and also that notice be given to the United Service Organizations, Inc · I find that there is another lease between the City and United Service Organizations, Inc. covering all of Lot 8, less the North 14 feet thereof of Block lO1, Delray Beach. This is the lot immediately south of the U.S.O. building. This lease provides for its termination six months after cessation of hostilities with Germany and its allies. It is my under- standing that this six months period will expire on June 30, 19&7, which will coincide with the expiration date on the lease for the U.S.O. building. While this second lease does not Provide for ~ny notice of termination, I would suggest that such notice be given to United Service Organizations, Inc. Very truly yours, (Signed) J.W. NOWLIN J.W. Nowlin City Attorney." JWN/d MARCH 25th, 1947. Mayor DeWitt explained to the audience that no committments for the use of the U.S.O. building in the future had been made, and no action would be taken at this meeting. He asked for expressions of opinion from the audience. Rev. L.D. Rustin addressed the Council stressing the cultural importance of a public library to a community, but stating that the Library should have a permanent location and a substantial building. He further stated that the U.S.O. building had been equipped with the identical facilities needed for the Youth Program, such as a snack bar, a stage, a dance floor, etc. Delray Beach stands ahead on the list for good behavior among its young people, on account of the interest taken in their welfare, but as soon as we cease to take this interest in their welfare this will change. Rev. Rustin urged that this building, which is so perfectly equipped for a Community Center or a Youth Center, not be converted into a Public Library, but that a permanent substantial building be provided for the use of the Library and that this building be used as a Youth Center. It was again explained by Mayor DeWitt that the Council would take no action at this meeting, it would merely hear facts presented by all sides and channel the information received to one organization, possibly the Community Recreation Association, who could gather opinions from all sources and make their recommendation to the Council at a later meeting. Mrs. Charles ¥ogler, a member of the Board of Directors of the Community Recreation Association, addressed the Council, advising that her Association was in the process of reorganization, and asked that no decision be made until their new officers were installed and their Association was functioning. She suggested that a public meeting be held, open to all citizens, who might express their opinions on the question. At the request of Rev. J.G. Robinson, the following letter from the U.S.O. Committee of Management was read in full: "UNITED SERVICE ORGANIZATIONS, INC. March 20, 19~7. The Honorable Mayor and City Council The City of Delray Beach Delray Beach, Fla. Gentlemen: As you no doubt are aware in the comparatively early future the USO will cease its activ%ties in this city. In November 19~3 the building was leased to the government for a period of five years. At the time of the lease it is distinctly recalled by some members of the present Committee who were on the Committee at its inception that in informal conversation with the mayors who were in office at that time as well as some members of the City Council it was definitely understood that when the MARCH 25th, 19~7. USO building was turned back it was to be used as a community center and this was one reason why the then directors, all of whom were citizens of Delray Beach, were motivated to advocate the lease. While the Committee of Management of the USO believe that most of you gentle- men are familiar with the facilities of the USO and which are far in excess of the needs of any one specific organization, it might be well to point out that we~ have a very nice stage, cooking facilities, snack bar, private offices, outdoor grill, powder rooms and a large patio which is used for skating, dancing, shuffle- board, and many other outdoor activities. These facilities we think you will agree are far in excess of the needs of any one organization. In view of the facilities enumerated above, it can readily be seen that we could then attract to our city conventions that are now denied us as well as many outside attractions for which there are now no £acilities. Under a community center set up all this could be easily arranged and toward the more thorough enjoyment of our citizenry as a whole than were the building turned over to any one specific organization carrying out its own activities alone. Other cities have community centers and it is a crying need of our community, and the Committee of Management of the USO unanimously recommend and respectfully urge that you give the subject very earnest consideration and which we trust may result favorably in the interest of all the citizens of our community as a whole. RespectfUlly submitted, Delray Beach USO Committee of Management LeRoy E. Diggans, chairman (Signed) LE ROY E. DIGGANS " J.H. RUFFIN " Neil E. MacMillan " W.A. Jacobs " Elizabeth S. Hand " Dr. J.G. Robinson " Pearl A. Sandler " Ruth L. Bailey " E.H. Scott " A. Waldri Holroyd " Margaret Patterson " J.B. Parker " King S. Cone." Mrs. Vogler then requested that a letter from the Delray Beach Woman's Club be read, and same was read as follows: THE WOMAN'S CLUB Delray Beach, Florida March 24, 19~7 To the Mayor and Members of the City Council Delray Beach, Florida Gentlemen: The undersigned officers of the Delray Beach Woman's Club wish to present to the City Council the belief of our Club that the City of Delray Beach shoUld establish a city recreation department through which it would administer MARCH 25th, 19~7. all city-owned recreation facilities, including the U.S.O. Club, upon i~ts return to the city. Our club feels that as a tourist community, the recreation facilities of our city are among its greatest assets and that sound and economical administra- tion requires that they should be directed by a person trained for this type of work. As a nation-wide program, Women's Clubs have been sponsoring the establish- ment of youth programs and we were glad to have had a part in making possible the opening of the Youth Center in its temporary location in our club rooms. ~ We know at first hand of the success of this movement among our~ boys and girls and tbs real social need it is filling. Unfortunately, our space is entire- ly inadequate for our club requirements and a youth center, however, we have been glad to accept the curtailment of our club activities until the city-owned recrea- tion building would be available for a youth program, as well as for other recrea- tion uses. As you will recall, the Woman's Club organized the Delray Beach Public Library Association, turned over to it our Library books and equipment, and since its establishment have housed the public library in our building without the pay- ment of rent. Under our present contract with the library association, they hsve exclusive use of the downstairs area of our building and are entitled to continue in this occupancy as long as may be required for library purposes. Likewise, we have been glad to permit the library to use our club rooms for social and cultural gatherings. Although our club houses the public library at a great financial loss to the club (our only compensation being building repairs) we are willing to con- tinue this community service until the public support is adequate to enable the payment of reasonable rent or until a suitable, permanent library building is available. From long association with and support of the public library, our club believes that it is now time for the public to assume full financial responsi- bility for this municipal function and that plans should be formulated leading to the building of a scientifically planned, permanent structure which ~ould be a credit to this community. Were the library to be established in the inadequate, wooden building (U.S.O. Club) not only would the fine recreation features of that building be lost to the public, but library service could not be improved greatly over the present location. Moreover, we believe that once the library is located in city property, the public would tend to become complacent and would be reluc- tant to vote for bonds or make contributions which would enable a suitable building to be constructed. Our city is very fortunate in owning a fine recreation building which will soon be available for public purposes. We naed a recreation center. Without making use of this building, it is impractical to institute or operate a community recreation program, whereas the library can continue to function and expand in its present location. MARCH 25th, 19g?. We believe it to be in the best interests of the City and in accordance with the will of the majority of our citizens that our recreation building be operated as a recreation center for our comm~ity. Respectfully submitted, BOARD OF DIRECTORS: WOMAN,S CLUB OF DELRAY BEACH, FLORIDA (Signed) Mrs. H.E. Adams By: (Signed) MRS. J. ROBT McFee, President " Mrs. J.D. Quayle " Mrs. A.W. Holroyd, 1st Vice Pres. " Mrs. W.A. Jacobs, " Mrs. J.A. Erickson, 2nd Vice Pres. ('Publicity Chmn.) " Mrs. John I. Hurst, Secy. " Elizabeth S. Hand " Ruth L. Bailey, Corr. Sec." Charlotte F. Vogler A representative student of the Delray Beach High School addressed the Council in behalf of all High School students, urging the Council to provide a building in the Central part of the town for a Youth Center, where boys and girls could drop in and spend their spare time, which would be easily accessible for young people. Mrs. Elizabeth S. Hand, being in the audience, recommended that the building be used not only as a Youth Center, but as more of a Community Center, where civic organizations might hold meetings or luncheons, or different types of programs. She felt that no one organization should be given the entire use of the building, that it should be operated as a Community Center by the City under the supervision of a Manager or Director. The consensus of opinion of the Council was that a public meeting would give the citizens of the City a chance to voice their opinion on the question, and all sides could be weiEhed before Council took any action. Mayor DeWitt stated that they wanted full use to be made of the building, and whatever the citizens thought would be best for the community, the Council wanted to do. He also stated that copies of any data on file with the City Council might be obtained by any interested organization, for their consideration. After considerable discussion, a motion was made by Councilman W~ite, seconded by Councilman Butler, that the report of Mr. Nowlin be accepted, and that he be instructed to proceed with the preparation of the necessary papers to notify the U.S. Government of the City's desire to terminate their lease on Lots 7 and 8, Block lO1, as early as possible. Upon call of roll the motion carried unanimously. A motion was then made by Councilman McNeece that the Mayor set a date for a public meeting, the citizens to select their own Chairman. The motion was seconded by Councilman White, and upon call of roll carried unanimously. Mayor DeWitt then set the d ate of the meeting for Friday, May 16th, in the High School Auditorium. Councilman Butler informed the Council that an offer had been received to sell $5,000.00 Refunding Bonds to the City at 99, plus accrued interest, which is the same price paid for the last bonds purchased, and he moved that this offica~be ~x accepted. The motion was seconded by Councilman McNeece, and upon call of roll carried unanimously. MARCH 25th, 19~7. The Clerk presented a check from the Florida Power & Light Co. in the amount of $9,077.65, which represented 6% of the gross residential and commercial City Limits Revenue of the Company for the period from January 1st, 19~6, through February28th, 19~7, which is in accordance with the provisions of the Franchise Ordinance. The check was accepted on behalf of the City, with a vote of thanks to the Florida Power & Light Co. A letter from Attorney Edwin T. Osteen, Attorney of West Palm Beach, pro- testing the extension of the City limits to the north, was read and ordered filed. City Attorney Nowlin advised the Council that any bills presented to the Legislature for passage, asking for extensions of the City limits, would have to be approved by two referendum elections, one to be held by the freeholders living in the territory proposed to be taken in the City, and another of free- holders of the City to vote as to whether or not they favored the annexation of the proposed territory. Mr. Nowlin further stated that if there were enough interested people they could petition the City Council to extend the City limits to include their territory, and then the Legislature would pass the Bill without a referendum election. City Manager Edmond was instructed to refer the matter back to the Planning Board, explaining how it would have to be handled, and ask them to determine if enough people would be interested to petition the Council to extend the City limits to include their territory. · The following letter from Daisy Lott Stansbury was read: "Delray Beach, Fla. March 23, 19~7. To the Honorable Mayor & City Council Delray Beach, Fla. Sirs: Having recently sold my home in Miami, I am desirous of coming to Delray Beach to make my home, and in order to have some income wish to operate what is known among women as a small "gift shop" where I would sell articles of needlework such as doilies, napkins, knitted and crocheted articles which I make with my own hands. I am interested in making an offer for the house and lot at No. 20 S.E. First Ave., Block 69, Lot 2&, where I would live, and at times use the living room as a display for my hand-work. And it is my expectation, if I purchased the prop- erty, to improve and beautify the premises. However, unless I were permitted to make and sell my hand-work, and thus derive an income from it, I would have no interest whatever in purchasing the property as a home. Therefore, I respectfully request that the Council consider this, and grant the necessary permission for this, ~hich I feel sure would be a benefit to the prop- erty and an asset to that particular location. Respectfully, (Signed) DAISY LOTT STANSBURY c/o Montgomery& Adams. Daisy Lott Stansbury" MARCH 25th, 19&7. The Clerk was instructed to advise Mrs. Stansbury that a Special Permit Fee of $5.00 must be filed with her request, after receipt of ~hich it will be re- ferred to the Zoning Board for their consideration and recommendation to the Council. The following Resolution, submitted by Attorney C.Y. Byrd, was presented and read in full: RESOLUTION RELATING TO FILLING OF LOW SWAMP LANDS LYING EAST OF INTRA- COASTAL WATEP~AYS CANAL BY JOHN B. REID. WHEREAS, there has been a certain property known as Zook Palm Nurseries Property located and facing the main business street, Atlantic .Avenue, and extend- ing south along the intracoastal waterway, a tract of acreage consisting of approx~ mately sixty acres. AND WHEREAS for.a good many years this said tract of land has been inundated with water, pools and ponds of stagnant water accumulated and in addition low marshy places have practically covered the entire area. AND WHEREAS such similar tracts of land have been recognized as creating a menace to the health of communities by State, Federal and City Authorities. AND WHEREAS this particular property is located in the very heart of Delray Beach and was a recognized menace to the health, particularly of Delray Beach, and could only be eliminated by the filling in of the area and eliminate these pools, and ponds of stagnant water and marshy lands, a breeding place of sandflys and mosquitoes. AND '~HEREAS through negotiation with the City Authorities of Delray Beach, John B. Reid, Delocean Company, Inc., a Florida corporation, Marine Park, Inc., and Marine Terrace Hotel did fill in said area and thus eliminate this menace to the health and progress of the Community, the City Council have this day passed the following Resolution: NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, as follows: 1. That it is the concensus of the City Government of Delray Beach that ~he filling in of this area by the said John B. Reid, Delocean Company, Inc., a Florida Corporation, Marine Park, Inc., and Marine Terrace Hotel, through negotia- tion instead of by enforcement which was within the power and authority of the City Government of Delray Beach, Florida, was commendable as the same has been done with the saving of Taxpayers' money as legal expenses were saved, as well as the cost that would have been necessary to advance had the work been done by the City of Delray Beach in accordance and in pursuant to the Charter Act of said City and the Ordinances thereto appertaining, and assessments against the property has been charged for said work. 2. That by negotiating with John B. Reid, Delocean Company, Inc., a Florida Corporation, Marine Park, Inc., and Marine Terrace Hotel, to have these lands filled has been a great benefit to the entire community from a public health stand- point and that negotiations with the said John B. Reid, Delocean Company, Inc., a MARCH 25th, 19~7. Florida Corporation, Marine Park, Inc., and Marine Terrace Hotel, to have said lands filled was commenced and started by the City Authorities shortly after the said John B. Reid, Delocean Company, Inc., a Florida Corporation, Marine Park, Inc., and Marine Terrace Hotel acquired said lands by deed from Zook Palm Nurseries, Inc., on or about May 12, 19~; that said negotiations were in progress over a number of weeks and at the suggestion and instance of the City Government, in cooperation with the said John B. Reid, Delocean Company, Inc., a Florida Corporation, ¥~rine Park, Inc., and Marine Terrace Hotel, it was agreed that it would be more feasible and advisable for the said work to be done by negotiations rather than by assessments against the property, as author- ized and allowed under the City Charter and City Ordinances thereto appertain- ing. 3. That the conditions of said low swamp lands before they were filled by the said John B. Reid, Delocean Company, Inc., a Florida Corporation, Marine Park, Inc., and Marine Terrace Hotel by negotiation instead of by assessments, were of such a state that the health of the entire community was affected, due to the breeding of mosquitoes and sand gnats within the boundaries of said land. The above and foregoing Resolution was adopted by a vote of a majority of the City Council of Delray Beach, Florida, this day of .19~6. CITY OF D ELRAY BEACH ) COUNTY OF PALM BEACH ) STATE OF FLORIDA ) I, the undersigned City Clerk of the City of Delray Beach, Florida, do hereby certify that the shove and foregoing is a true and correct copy of the Resolution duly adopted by the City Council of the City of Delray Beach on the day of October, 19&6. (SEAL) City Clerk" The proposed Resolution was referred to the City Attorney for verification of any negotiations the City had had with the persons or Corporations mentioned in the Resolution for the dredging and filling in of the lands described therein. Bills totaling $13;~39.81 were ordered paid, subject to the approval of the Finance Committee, in a motion made by Councilman McNeece, seconded by Councilman White, and unanimously carried. City Attorney Nowlin, having prepared certain proposed amendments to the City Charter, which will be submitted to the Legislature at their next session if approved by the Council, handed a copy of same to each Councilman for their study, to be considered at a later meeting. A Public Hearing having been called for this date, to hear objections to the confirmation of Resolution ordering the repaying of S.W. 3rd Street, and no objections having been filed, the following Resolution was introduced and same was read in full: ¥~%qCH 25th, 19~7. RESOLUTION NO. 615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING THE CITY MANAGER TO PROCEED WITH CERTAIN STREET IMPROVEMENT WORK. WHEREAS, the City Council has heretofore determined to proceed with the re- paving of that portion of S.W. 3rd Street from Swinton Avenue to S.W. 5th Avenue, and WHEREAS the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and WHEREAS no objections have been made to such proposed improvement. NCW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the repaying of that portion of S.W. 3rd Street from Swinton Avenue to S.W. 5th Avenue according to the plans and specifications heretofore filed with the City Clerk. PASSED in Regular Session on this the 25th day of March, 19~7. (Signed). M. M. DE WITT President, City Council ATTEST: APPROVED: (Signed) M. M. DE WITT (S~n ed) RUTH R. SMITH Mayor City Clerk A motion was made by Councilman White, seconded by Councilman Butler, that the foregoing Resolution No. 615 be passed and adopted as read, and upon call of roll the motion carried unanimously. The following Resolution-was then presented, and same was read in full: RESOLUTION NO., 616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO SPONSOR AN ACT OF THE LEGISLATURE AUTHORIZING THE CON- STRUCTION OF A BRIDGE ACROSS THE FLORIDA INLAND WATERWAY AT NORTHEAST EIGHTH STREET IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, The City Council of the City of Delray Beach, Florida, deems that due to the heavy amount of vehicular traffic crossing the Atlantic Avenue Bridge over the Florida Inland Waterway that another bridge is needed in the City of Delray Beach, and MARCH 25th, 19&7. WHEREAS, the large portion of a right-of-way has already been obtained to give access to such a bridge if located at the intersection of the Northeast Eighth Street and the Florida Inland Waterway, and WHEREAS, the City Council deems it for the best interest of the citizens of this section of the County that a bridge be located at such intersection, and WHEREAS, the Atlantic Avenue Bridge is also in need of repairs which will involve expenditures of considerable sums of money, and the Council deems it for the best interest of the citizens of this section of the County that such repairs be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Council hereby requests the Board of County Comnfis sioners of Palm Beach County, Florida, to sponsor an act in the Florida Legislature at its 19&7 session providing for the method of financing and con- structing the bridge across the Florida Inland Waterway in Delray Beach, Florida, at the intersection of Northeast Eighth Street and the Florida Inland Waterway and providing for the method of financing the repairing of the present. Atlantic Avenue Bridge over the Florida Inland Waterway. SECTION 2. That copies of this Resolution be sent to the members of the Board of County Commissioners of Palm Beach County, Florida, aud to the Honor- able Russell O. Morrow, the Honorable B. Elliot and the Honorable John R. Beacham, the Representatives of this County in the Florida Legislature. PASSED in Regular Session on this the 25th day of March, 1947. CITY OF DELRAY BEACH, FLORIDA (Signed) M. M. DE WITT President, City Council ATTEST: (APPROVED: (Signed: M. M. DE WITT (Signed) RUTH R. SMITH Mayor City Clerk (SE ) A motion was made by Councilman White, Seconded by Councilman Butler, that the foregoing Resolution No. 616 be passed and adopted as read, and that a copy be sent to the County Commissioners and the State Representative from this District. Upon call of roll the motion carried unanimously. Mr. H.B. Adams, Building Inspector, again presented the application of Mrs. Gladys Howard for a permit to construct a one story dwelling on the S. 1/2 of Lot 22 and all of Lot 23, Block 109, which permit was denied by the Council at a previous meeting because the plans did not provide the required distance between the Baptist Church property on the south and the proposed building. He explained that after rechecking the distance of the Baptist Church building from their north lot line it was found that there would be a distance of 16' between MARCH 25th, 19&7. the two buildings, which would be in compliance with the Zoning Ordinance, where- upon a motion was made by Councilman McNeece, seconded by Councilman White, that permit be ~pproved, and upon call of roll the motion carried unanimously. An application filed by Mr. E.J. Burke, for a permit to convert an existing garage building into office space, on property located at 151 N. Federal Highway, was presented for the approval of the Council. It was explained by the Building Inspector that the floor space would not be increased, it would merely in, lye the moving or addition of partitions. Upon motion of Councilman Butler, seconded by Councilman White, unanimously carried, permit was approved as outlined. Au application filed by ~ir. Frank H. Seely, Jr., for a permit to build a Caretaker,s House on the rear of his property at 5 N.E. 8th Street, consisting of three lots with two existing buildings, was not approved by the Council, as plans provided for only 800 sq. feet of floor space, and the minimum requirement if 1080 sq. feet of floor space in this District. Building Inspector Adams reported to the Council that after a check of the Silber property located on the S.E. corner of the North Federal Highway and N.E. 3rd Street, he found the construction to be in order. He stated that porches were being used as sleeping rooms, but only in connection with the apartments, and they were not being rented as separate rooms. The following prices were set by the Council for copies of the City Code and Charter, and single copies of the Zoning Ordinance, and Traffic Regulations, which were prepared by City Attorney Nowlin, aud are ready to be offered for sale to the public: City Code and Charter - $5.00 Zoning Ordinance 1.50 Traffic Regulations - - 1.OO The City Attorney was instructed to prepare a Resolution to provide for bringing the City Code up to date on December 31st and June 3Oth of each year, copies of the changes to be furnished to purchasers at no extra cost. Upon motion of Councilman White, seconded by Councilman McNeece, unanimously carried, the Clerk was authorized to issue check to Betty Ball, in the amount of $57.50, to reimburse her for two week's salary which she paid for a substitute manager at the ~swimming pool during h~r summer.vacation, with the understanding that future arrangements ~ould be made with the City Manager for a City employee to relieve ~ss Ball during her vacation periods. The following recommendation from the Zoning Board, with reference to the request of Theta Lambeth for the rezoning of the west one-half of Block 70 to allow the construction of an apartment building, was read: "March 2 5, 19~7. Honorable Mayor & City Council Delray Beach~ Florida Gentlemen: At a Public Hearing held on March 21st, to consider the request of ~ss Theta Lamberth for a change in the Zoning Restrictions on the West 1/2 of Block 70 100 MARCH 25th, 19~7. from a Residence B to an Apartment House Zone, in view of the objections filed by property owners in this vicinity, the request was denied ~y the Zoning Board. Very truly yours, DELRAY BEACH ZONING BOARD (Signed) JOHN A. THAYER JOHN A. THAYER JAT/S" Chairman Upon motion of Councilman White, seconded by Councilman McNeece, unani- mously carried, the recommendation of the Zoning Board was accepted. Another com~unication from the Zoning Board, with reference to the re- zoning of the east one-half of Blocks 81 and 82, was read: "March 2&, 19&7. Honorable Mayor & City Council Delray Beach, Florida G en tl emen: At a Public Hearing held on March 21st to consider the changing of zoning regulations pertaining to the east 1/2 of Blocks 81 and 82, it was moved, second- ed and unanimously carried that the Zoning Board make the following recommendatio~us to the City Council: 1. That the East one-half of Block 81 be changed from a Residence "C" District to an Apartment House District. 2. That the East one-half of Block 82 be changed from a Residence "C" District to a General Business District. Very truly yours, (Signed) JOHN A. THAYER JOHN A. THAYER, Chairman D¢,TP~Ay BEACH ZONING BOt RD." Upon motion of Councilman Butler, seconded by Councilman White, and upon call of roll unanimously carried, the above recommendations of the Zoning Board were accepted. A letter from the Zoning Board, with sketch attached, recommending the establishment of certain Industrial Areas, also the rezoning of certain property in the southwest section of the City, was presented and read as follows: "March 21, 19&7 Honorable Mayor & City Council Delray Beach, Florida Gentlemen: At a meeting held on March 21st the matter of rezoning certain areas lying within the western part of the City, it was unanimously approved that the attached sketch, 101 MARCH 25TH, 19&7. showing the proposed zoning, be recommended to Council for approval. Very truly yours, (Signed) J.A. THAYER J.A. Thayer Chairman, Zoning Board." Council discussed the proposed changes in zoning restrictions at length, and inca motion made by Councilman Butler, seconded by Councilman McNeece, unau~mously carried, the foregoing recommendations were accepted. A plat of a Resubdivision of Block 17 was submitted for the approval of the Council by the City Manager, but as all lots in the proposed plat did not cqmply with the square footage requirement, no action was taken at this meeting on same. A proposed plat of a new Subdivision to be called Sunnyside Park, lying be- tween S.W. ~th and 5th Avenues, north of S.W. 5th Street, was again presented for the approval of the Council. Mr. Edmond explained that it had been brought before the Zoning Board, and it could see no reason for not approving the plat, whereupon a motion was made by Councilman Butler, seconded by Councilman White, that the plat be accepted, and upon call of roll the motion carried unanimously. City Mauager Edmond submitted the following recommendation of the Golf Committee regarding the maintenance of the Golf Course: That Mr. Lawrence of Boca Raton be employed to act in an advisory capacity at a salary of $100.OO per month, to over-see and supervise the maintenance of the Golf Course, to be employed on a month to month arrangement. Upon motion of Councilman White, seconded by Councilman Butler, and upon call of roll unanimously carried, the recommendation of the Golf Commuittee was accepted, as outlined above. City M~nager Edmond advised the Council that Mr. M.M. Mathis had been employed on a temporary basis at $175.OO a month as foreman on the beach, and that his extra time had been spent cleaning streets, etc. He now recommended that Mr. Mathis be employed as a Street Foreman at a salary of $190.00 per month,, which would eliminate the necessity of replacing Mr. Wilson Harvel, who recently resigned as Ass,t. Superin- tendent of Public Works. Upon motion of Councilman McNeece, seconded by Councilman Butler, unanimously carried, the recommendation of the City Manager that Mr. Mathis be employed as a Street Foreman, at a salary of $190.00 per month, was accepted. A tabulation of bids received on March llth, for materials and equipment for improvements to the Municipal Swimming Pool, was submitted by the City Manager, who recommended that contracts be awarded to the lowest and best bidders, as follows: Crane Co. of West Palm Beach - Item #1 - C.I. Pipe and Fittings less ~½" Drain Grills - $7~5.2~ Item #2 - Steel Pipe and Fittings - 192.12 Item #& - Ventilating Fan (#6OH Utility Set with Manual Starting Switch - &9.60 ] O'2 MARCH 25th, 19~7. Raymond, Bodi¢ representing Miami Builders Exchange of Miami Item #3 - Motor Control Switch - $ &9.00 Item #5 - Two 26" x 36" Thorpe Strainers - 310.00 Item ~7 - Vacuum Pump Primer - 380.70 Wallace & Tiernan Co., Inc. Item #6 - Chlorinator -1,~76.00 TOTAL: $3,202.66 A letter from the State Board of Health was also read, agreeing to issue a temporary permit for six months for the operation of the pool, providing con- tracts were awarded immediately for the improvements to be made as required. A motion was then made by Councilman Butler, seconded by Councilman White, that contracts be awarded in accordance with the recommendations of the City Manager, aud that the City proceed with the improvements at the pool to meet State Board of Health requirements. City Manager Edmond was instructed to notify property owners in Block 78 of the estimated cost of the paving of a Street through this Block, and to advise them that the City would proceed with this work as soon as the cost of construct- ion had been put on deposit with the City by the property owners adjoining. The following letter from the Zoning Board, regarding the enforcement of s et-back regulations in Business Districts, was read as follows: "March 2~, 19~7. Honorable Mayor & City Council Delray Beach, Florida Gentlemen: At a meeting of the Zoning Board held on Friday, March 21st, the future policy of the City with reference to the enforcement of that part of the Zoning Ordinance requiring that provision be made for a ten foot front set-back and a five foot side set-back when any existing building in a Business District is remodeled or enlarged, was discussed. The Zoning Board recommends that the Zoning Ordinance be enforced in this respect, as it will be necessary to provide for the future growth of the City. Very truly yours, DELRAY BEACH ZONING BOARD (Signed) JOHN A. THAYER JOHN A. THAYER Chairman." The Council was advised by the City Manager that two applications had been filed for permits to remodel and enlarge existing buildings on Atlantic Avenue, which would require their compliance with this provision in the Zoning Ordinance. 103 MARCH 25th, 19~7. After consideration, a motion was made by Councilman McNeece that the recommendation of the Zoning Board that the Ordinance be enforced, be accepted. The Motion was seconded by Councilman White, an~ upon call of roll carried unani- mo us ly. City Manager Edmond pointed out to the Council that the requirement of a ten foot set-back from the front lot line would mean that a building facing on a side street would have to be set back ten feet, whereas the adjoining building on a corner lot would be set back only five feet from its side line, on this side street. This would be an unreasonable requirement, and he felt it was an over-sight in draft- ing the Ordinance. After discussion, City Attorney Nowlin was instructed to prepare an Ordinance to correct this part of the Zoning Ordinance applying to set backs for buildings fronting on side streets in Business Districts. The City Attorney was instructed to notify Mr. J.R. McFee that the agreement he made with the City Council on September 12th, 19~5, must be executed by April 5th or the City would take steps to enforce the Zoning Ordinance by requiring that his building on Lot 6, Block 92, be set back five additional feet to meet zoning regula- tions. The installation of two additional street lights on Delray Beach Esplanade was authorized, having been previously approved' by the Council at a time when the materials were not available. The request of Mr. J.L.R. Van Meter for the installation of a street light on N. Swinton Avenue at 10th Street was referred to the Street Committee for their recommendation to the Council. The following letters from the Florida Power & Light Co. regarding the installa- tion of additional street lights in certain sections of the City, were read as follows: "March 20, 19~7 Mr.H.P. Edmond City Manager Delray Beach, Florida Dear Nm. Edmond: Referring to your request relative to improving the street lighting on Atlantic Ave., from the Federal Highway to Swinton, wish to advise the following: There are 12 standards in this area not connected so we connected these with 1OO CP lamps at a cost of $2~.00 each, or $295.20 per year. We have changed out the corner lights from 100 CP to 250 CP. There were 21 in the area and the additional cost is $18.80 per light or a total of $39~.80 per year. This will make an additional cost to the City of $690.00 per year or $57.50 per month. 104 MARCH 25th, 19k7. We feel that the present set-up has improved the lighting on Atlantic Ave., between the Federal and Swinton Ave., by 50%. However before you can expect to illuminate the street as it should be, you will have to step up the candle power in all the standards. If the above meets with your approval, please let me have a letter ~uthorizing the same. Trusting this is th& desired information and if you h~.ve any lighting problems, please do not hesitate to call upon us. With all best wishes, we are, Yours very truly, CHARLES SENIOR CS: EC" MANAGER. "March 25, 19k7. Mr. H.P. Edmond City Msnager Delray Beach, Florida. Dear Mr. Edmond: Referring to your request for increasing the candle power of the white way lights on the Ocean Blvd., - wish to advise we have changed out five lights from 100 to 250 candle power. This change will cost the City of Delray Beach $9k.00 a year. We have also added one 100 candle power light as per your request and will appreciate your sending us a letter of authority for making thesechanges. With all best wishes, we are, Yours very truly, CHARLES SENIOR CS: EC." Manager. Upon motion of Councilman White, seconded by Councilman McNeece, and upon call of roll unanimously carried, these additional installations were ~pproved, as outlined in the foregoing letters. A motion was made by Councilman White, seconded by Councilman Butler,~ that a price of $3,250.00 be fixed as a minimum which would be acceptable to the Council for the sale of the West 1/2 of Lot 13 and the East 33' of Lot ld, in Vista Del Nar Subdivision. Upon call of roll the motion carried unanimously. At the request of Councilman Butler for definite action on the applica- tion of Mr. Wm. Friedrich for a building permit for an addition to an existing building on the rear of Lot ll, Block 106, as Mr. Friedrich's plans did not MARCH 25th, 1947. conform with zoning restrictions, a motion was made by Councilman White, seconded by Councilman McNeece, that permit be denied, and that the Zoning Ordinance be enforced in the future. Upon call of roll the motion carried unanimously. With reference to the bill of ~. E.E. Hagerman in the amount of $509.80' for work which was authorized by the City Council September llth, 19fi~, for paint- ing the beach pavilion and equipment, and which he claimed was not completed until May of 19~6 because the paint required was not available until that time, three affidavits were filed confirming N~. Hagerman's claim that the work was done and completed according to his contract. The matter was tabled until a future meeting, in the meantime Mr. Hagerman to be requested to bring in invoices showing the purchase of paint for this work, and also an affidavit from the Chairman of the Parks Committee in 19~ proving that the work was actually done. Council then adjourned. ~~ ~,~~ AP~~_~ _ ~------~ City .Clerk ~yor