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05-27-47 MAY 27TH, 19~7. 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 M. M. DeWitt in the Chair, and City Manager H. P. Edmond, City Attorney J. W. Nowlin, and the following Council- men present: B. C. Butler, F. B. McNeece, and J. B. Smith, a quorum being present. The minutes of the meetings held May 13th, 16th and 19th, were presented and approved as written. A proposed agreement prepared by the Florida East Coast Railway Co., for the maintainance of the grounds at the Railway Depot, which have been beautified by the local Garden Club, was presented by the City Manager, but upon checking by the City Attorney it was found that the agreement was not acceptable. Upon recommendation of Mayor DeWitt, City Attorney Nowlin was instructed to draw up an agreement between the Florida East Coast Railway Co. and the City of Delray Beach, whereby the City would agree to furnish water for the project as originally outlined, the Garden Club to be responsible for the maintainance of the grounds. Upon advice of the City Manager that the six months trial period f~ the use of the parking meters had elapsed, the City Attorney was instructed to prepare a Resolution formall~ accepting the parking meters, to be passed at the next meeting of the Council. Upon recommendation of Municipal Judge W. E. Wilcox, Attorney Nell MacMillan was appointed as Acting Judge to serve during the absence of Judge Wilcox while on his vacation, in a~motion made by Councilman McNeece, seconded by Councilman Smith, and unanimously carried. A communication from Mr. W. J. Snow was presented and read in f,,ll, as follows: "Delrey Beach, Fla. May 14, 19~7. City Council City- of Delray Beach Delray Beach, Florida. ~entlemen: Please be advised I would like to make an offer of $ 150.00 for approximately 1 1/2 aczes of land in Section 18 lying west of the Seaboard Airline Railway. Respectf,,lly, (Si~ned) W. J. Snow WJS/f W.J. Snow" It was. explained by the City Manager that this was part cf property purchased from the State to be used for extension of the City dump, but that this particular small section was west cf the railroad and therefore could not be used by the City. MAY 27TH~~ 19~7. As it is necessary to advertise for bids on all City owned property before sam can be sold, a motion was made by Councilman McNeece, seconded by Councilman Butler, that Mr. Snow be advised that bids would be received on June 2nd, and that he be requested to submit his Offer in the form of a sealed bid at that time. Upon call of roll the motion carried unanimously. A letter from the American Legion Auxiliary was presented by the Clerk and read, as follows: "May 19, 19~7. Hon. Ci~ Council Delray Beach' Florida Gentlemen: The American Legion Auxiliary wishes to place itself on record as being unanimously in favor of the U. S. O. building being used as a Communit~ Recreational Center. Respectf,,l~y, AMF. RICAN LEGION AUXILIARY By (Signed) Catherine E. Strong Secretary" The above letter was ordered filed with previous communications relating to the future use of the U. S. O. building. Mayor DeWitt' stated that the Management Committee of the U. S. O. had asked that their lease be extended' until January 1st, 19~8, and that they were definitely closing at that time. They stated that the Boca Raton Field had made this request, and that ~overnment funds were now available for the operation of the local U. S, O. until that date. It was brought out that if the City does not cancel their lease to become effective June 30th of this year, the end of the Government fiscal year, it would not be possible to cancel it until a year from that date. The present lease can not be extended for a six month's period, but a new lease can be made fcr that length of time. A motion was then made by Councilman Butler, that the City Attorney he in- structed to notify the U. S. ~overnment and the U. S. O. of the City's intention to terminate the lease on the building occupied by the U. S. O. as of June 30th, 19&7, and that the .Mayor and City Clerk be authorized to siva the necessary papers. The motion was seconded by Councilman McNeece, and upon ca]_l of roll carried unani- mously. A motion was then made by Councilman Smith, seconded by Councilman Butler, that the City offer to lease the building now occupied by the United Service Organiza- tion for a period of six months, from July 1st to December 31st, 19~7, for $ 1.00 and other considerations. Upon call of roll the motion carrie d unanimously. MAY 2?TH, 19~7 The following Ordinance was then brought up for first reading, and same was read in full: AN ORDINANCE CF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, REPEALING ORDINANCE NO. G-26 OF THE CITY OF DEIRAY BEACH, FLORIDA, AND A~DING SECTION ~, CHAPTER X OF THE CITY CODE OF DE~AY BEACH, FLORIDA, RELATING TO THE REGULATION OF TAXI- CABS AND OTHER MOTOR VEHICLES. A motion was made by Councilman Butler, seconded by Councilman McNeece, that the foregoing Ordinance be placed on first reading, and upon call of roll the motion carried unanimouslY. The following Ordinance was then brought up for second and final reading, and same was read in f,,ll: ORDINANCE NO. G-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PRO- HIBITING SOLICITING AND PEDDLING ON SD-~DAY. BE IT ORDAINED by the City Council of the City of' Delray Beach, Florida, as follows: SECTION 1. That from and after the effective date of this ordinance it shall be unlawful for any person to solicit any order for the sale of any goods, wares, merchandise, periodical or publications, or to sell or offer for sale any goods, wares or merchandise, with the exception of m~lk and ice, from house to house between the hours of 12:00 o'clock midnight on Saturday until 12:00 o' clock midnight on Sunday. sECTION 2. Any persons violating this ordinance shall be punished by a fine not to exceed $ 500.00 or by a period in Jail not to exceed 90 days or by both fine and imprisonment in the discretion of the Municipal Court. SECTION 3. Section 1 of this Ordinance shall becem~ a part of the City Code of the City of Delray Beach, Florida, and shall become Section lOa of Chapter XIII of said Code. P~ASSED in Regular Session on this the 27th day of May, 19~7. President of City Council APPROVED: ATTEST: (Signed)... Ruth R. Smith Mayor (SEAL) City Clerk 170 MAY 27TH, 1%7 Upon motion of Councilman Butler, seconded by Councilman Smith, unanimously carried, the foregoing Ordinance No. G-29 was passed and adopted as read. The following Ordinance was then brought up for second and final reading, an~ same was read in full: ORDINANCE NO. G-30 AN CRDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A ZONING MAP FOR THE CITY OF DEIRAY BEACH AND PLACING ALL PROPERTY IN THE CITY OF DEIRAY BEACH, FLORIDA, IN THE RESPECTIVE ZONING DISTRICTS AS INDICATED ON SAID MAP AND PROVIDING FOR METHCD OF CHANGING SUCH ZONING DISTRICTS. BE IT ORDAINED by the City Council of the City of Delray Beach, as follows: SECTION 1. That the zoning map of the City of Delray Beach, Florida, presented by the City Manager to the City Council on May 13, 19&7, be and the same is hereby adopted as the official zoning map of the City of De]ray Beach, Florida, as provided by Chapter XX of the Code of the City of · Delray Beach and all property in the City of Delray Beach, Flort~a, is hereby designated as being in the respective zoning .district as indicated on such map. SECTION 2. That photostatic copies of such map be made, one of which copies shall be filed in the office of the City Clerk, one in the office of the City Manager, and one in the office of the BTtilding Inspector. SECTION 3. That any changes to zoning districts hereafter made in the City of De]may Beach, shall be made upon the original zoning map and immediately thereafter photostatic copies of such map as so changed shall be made and placed on file in the abowe designated City offices. PASSED on second and final reading on this the 2?th day of May, 19~7. ($i~ned) M.: M. D, eWitt President of City Council APPROVED: (Si~ned) M. M. DeWitt Mayor ATTEST: ($iened) R,,u~,h R. Smith City Clerk (SEAL) MAY 27TH, 19~7. City Attorney Nowlin explained to the Council that Attorney C. Y. Byrd is having a contract executed by his client, Mr. Geo. A. Humphrey, owner of Lots 17, 18, 19 and 20, Palm Beach Shore Acres Subdivision, wherein he would agree to a 35' set-back for any b,,tlding constructed on Lots 17 and 18, and also agree to protect th~ City zoning reg,,l~tions by deed restrictions on Lots 19 and 20 to permit only Residence "A" structures. A motion was then made by Councilman McNeece, seconded by Councilman Butler, that the foregoing Ordinance No. ~G-30 be passed and adopted as read, and upon call of roll the motion carried unanimously. City Manager Edmond presented a report on the cost of Water Plant Improvements', showing the estimated cost of the project when the work was started in February of 19~6, the funds which were made available for the work, and the final-cost of cmn- . pletion, which showed a balance of $ 20,~36.80 which had been paid out of the General Operating Fund for additional cost to complete the work. City Attorney Nowlin advised the Council that this amount could be refunded from the Water Revenye Certificates funds to the General Fund, if it covered the cost of improvements to the Water Plant which were planned to be taken care of by the new Water Construction program. City Manager Edmond stated that it represented the Distribution System cost, which was definitely a part of the new construction program. Action was deferred until a check could be made of the agreement for the Water Revenue Certificates, as to what could be paid out of this fund. An application 'for building permit, filed by W. H. Davis for the construction ~\ of a garah~e and efficiency apartment with an apartment on the second floor, on the east end of Lot 14, Block 117, being the N. E. corner of the South Federal Highway and S. E. 1st Street, was presented ~by the B,,fl ding Inspector. Mr. Adams stated that the building would be of concrete block construction, and that the fl~&r area and set-back requirements would all be in accordance with Zoning Ordinance requirements. After discussion, by the Council, a motion was made by Councilman Smith, seconded by Councilman Butler, that permit be granted as requested, but that Mr. Davis be in- formed that under the new Zoning regulations he would not be able to b,,~ld on the west side of this lot, on the Federal Highway, if he builds this building on the east end of the lot. Upon call of roll the motion carried unanimously. Mr. Adams presented plans for an apartment hotel which Mr. Willard Waters con- templates b,,~lding on North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive, stating that Mr. Waters was requesting an amendment to the Zoning Ordinance to allow this construction. He explained that lots on the south side of Vista Del Mar Drive are backed up to Mr. Waters lot, making it undesirable for residential purpose s. As a chenge in the Zoning Ordinance would require an emergency meeting of the Zoning Board for consideration and approval of this request, action was postponed, Mr. Waters ~o be asked to appear before the Council and outline his plans, and advise the Council as to whether or not he intends to begin construction during the summer months if the zoning change is made and permit is granted. Mr. Henry A. Helm addressed the Council, submitting revised plans for the pro- posed Seagate Cabana 'Club to be built on the ocean front at the north end of Sea- gate Subdivision, being the S. 100' of the Ne 395' of Government Lot 1. He explained that his present plans were for remodeling the present Helm residence, making additions and changes as necessary, and building cabanas on the ocean front. As the plans were all in order, they were filed with the Building Inspector for issuance of b,,~!~ding permit. 'MAY 27TH, 19&7. Mr. Helm further stated that the County had expressed their willingness to grant a liquor license to th~s propoSed Cabana Club, if the City had approved application for such a license. City Attorney Nowlin e~plained that the Liquor Zoning Ordinance would have to be amended to provide for the sale of liquor in a Cabana Club District, and the application would have to be advertised for two weeks in the local newspaper before license could be granted. The City Clerk was instructed to furnish Mr. Helm with certified copy of that portion of the minutes of the Council meeting hel~ on April 29th, pertaining to the assurance given Mr. Helm that they wouid approve the granting of a license to' sell liquor at this location. Mr. Wm. G. T. Earle addressed the Council asking for a temporary permit .to operate a radio repair shop and .salesroom .in the Seacrest Hotel ~arage, located Just west cf the Seacrest Hotel on East Atlantic Avenue, stating that he had leased space in a building now be'~ng constructed, and that this was the only location he had been able to find in which to operate his business in the meantime. A motion was made by Councilman Butler, seconded by Councilman McNeece, that temporary permit be granted as requested, for the operation of a radio repair and sales business in the Seacrest Hotel ~arahe until December 1st, 19~7. Upon call of roll the motion carried unanimously. Mr. M. F. Riley addressed the Council with refereme to the road through his property on West Atlantic Avenue, which leads to the City disposal dump. The City Council agreed to close the road to the public for twenty-four hours on the following week-end, in order to establish Hr. Riley' s claim that this is not a public road, and to prevent an~. one from claiming any portion cf the land which is used at the .present time for the road. Bills totaling $ 8,993.80, having been approved by the Finance Committee, were ordered paid, in a motion made by Counc~!m-e Butler, seconded by 'Counc~]m~n McNeece, and unanimously carried. Council then adjourned.  j~ ~ity Clerk ..... Mayor .............