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10-14-47 1947 Regular meeting of the City Council of the City of Delray .Beach ~as held at 7:30 P.M. in the Council Chambers with Mayor M. M. deWitt in the Chair, and City Manager H. P. Edmond, City Attorney ~. W. Newltn, and the following Coua- cilaen present: B. C. Butler, F. B. McNeece, ~. B. Smith and C. ~. White, a quorum being present. Dr. E. M. Father and Clarence Ethridge, representiag the Tennis Comaittee, addressed the Oouaoil, explaining the repairs which were necessary to be made to the Tennis Courts to pu~ them i~ playing condition after being damaged by the recent storms. Dr. Farber stated that he had obtalaed an est~w~te fr~n the F. C. Feise Co. who rebuilt the courts about a. year ago, of $100.00 a court plus $400.00 for ~ew tapes, or approximately1/3 of the original cost of rebuildiag the courts. He explained that all material and labor would be included in this figure, a~l lead tapes would be used instead off plastic tapes, which would be more durable, stating that Mr. Feise would allow the City.20% discount on the lead tapes for the plastic tapes, making the cost $67.00 a Court for the tapes. After consideration by the Council, a motion ess made by Councilman Butler, seconded by Councilman White, that Mr. Edmond be instructed to notify the F. C. Feise Co. to proceed with the work as outlined, the cost of the work, over the amount set up in the current budget, to be charged to the Contingency Fund. Upca call of roll the motion carried.unanimously. Ia a motiea rode by Councilman Butler, seconded by Council_w~ HcNe®ce, and unanimously carried, the purchase of $5,.000.00 RefUnding Bo~ds, Series fr~ Roose & Co. of Toledo, Ohio · 9~ 7/8 and interest, was approved by the Council. City Manager Edmond presented a plat of a Resubdivision of Block 3~ Hoflnan Village, to be known as "Marthats Vineyard", being developed by Mr. Hal Hall, stating that the Street dedications had been approved by the City Attorney, and all requirements would be cc~plied with, as sho~n on the plat. ~r. Edmond asked the approval of the Council on the plat. A motion was then ~ade by Couacil~m Smith, seconded by Councilman HeNee~e~ that the plat be accepted, and upon call of roll the motiea carried City Manager F~haond reported that the second clea~-up of the City was now being made, md extra equipment would not have to be re,ted after a few days, also stating that $13,184.40 had been spent to date for the emergency work after the hurricane. City Attorney Nowlin advised the Council that the General Election would be held on December 2nd, the Primary Election, if necessary, would be held on November 18th, and the final date for filing of candidates petitions would be 10/2s/ 7. City Manager Edmond explained that the Realty Board had employed Mr. George S. Brockway, Registered Land Su~-.~yor of West Pal~ Beach, to make a survey of the Beach Boulevard, showing what was left of the pavement, a~d also to designate the b~ilding ~ne, or what was considered the property line on the west side of the Boulevard. ~r. Edmond presented a plan of the Ocean Boulevard, showing the li~e which had been established as a sidewalk line by a Resolutic~ adopte~ ~aauary 27th, 19~l, and recc~aended that this sidewalk line on the west side of the Boulevard be used as the location for a new sidewalk, giving a defiaite location for the rebu~ldiag of the road east of the sidewalk along the oceau. ~r. E&nond stated that this line c~ld be folleeed without affect- ing a~ baildinge with the exception of the Wagner property on North Oceaa Boulevard, sad the po~eh on the east side of the Seaerest Hotel. His plan aa outlined would be to build a 5' side~__~ on the east side of this established line, a 5' parkway or planting strip betveen the sidewalk ~nd curb, a 36' road from the south City 1.~-~ts to Hir~_w~r Drive, ~ where it would be widened to a 55' road and continue to the north City limits. The parkway would be widened fr~n 5' to 10' north of Atlantic Ave., and within 600! of the north end of the mile of beach it could be gradually widened further, the pavement to remain the sa~e. There would be a 5' parkway east of the street pavement, a 10' sidewalk, and a 10' shoulder. This plan would allee free ~ovement of traffic, and also provide for angle parking fron Atlantis Avenue north, and parallel parking from Atlantis Avenue south. City Attorney Nowlin advised the Council that it had been agreed and understood that this established li~e was entirely on City property, and work could be started frc~ there-aceor~-gly. Hr. Edmond urged .the Council to take immediate action on the project as it was imperative to repair the road before the season, stating that the first step was to establish this wast Boundary line, and the best way to do that would be to p~ in a sidevalk on this line. After discussion by the Council, a motion was made by C ~o~ncil~a~ White~ that this Beach Boulevard Improvement plan, as submitted by City Edmond, be adopted, an~.that he Be i~strueted to notify property ~wners by re- gistered ,~] of the City's intention to construct this sidewalk on the west side of the Boulevard on City property as shown on the plan submitted by h_~m, the property c~ners to be given fifteen days to remove any shrubbery, walls or fences on this City property, a~d thirty days to remove any encroachments of buildings. The motion was seconded by Councilman Smith, and upon call of roll carried unan- imously. A letter from Grover C. Baker, requesting permission to replace a storm d~-~ged roof with wooden shingles, was then read, as follows~ ~october 7, 1~47 city Council Delray Beach, Florida ~entlea~n~ During the recent hurricane the roof on my hc~e at the corner of Atlantis Avenue and N. W. First Ave. was damaged. This roof was damaged beyond patching and .! am writing you this letter to request permission to replace this roof. The above named roof is of wooden shingles and I realize that permissiea ~ast be granted by the City Council before same may be replaced as per code. Thanking you for your trouble, I am $ery T .rm_ly Yours, igned) Grover C. Baker Grover C. Baker OCTOBER 1AT~, 1947 As the proper~y t~ l~cated ~ F~e Zone ~, w~eh d~ n~ a~ wo~en s~les, it ~s the ~o~s~ of op~om of the C~ctl ~d not c~o~ ~ the te~ of the ~1~ C~e, ~d ~t~ a ~t w~d Jeo~e the ~ee ~tes ~ the Ci~, the ~uest denied. A let~r rrm the ~tler Cons~ction Co. r~uest~ a ~t to re~ ~d ~r~f a ~o sto~ f~ ~ch ~ a ~1~ l~ated on ~t 6, Block 6~ After .e~sideration ~ the O~c~ the r~st ~s de~ed, ~ the pr~ is l~d ~ Fire Zone No. 1, ~ere ~e c~~ti~ is not a~d to o~ B~ld~ 0~e; ~d a~ the p~ch ~ o~~ ~t on City ~~, ~ot ~ rep~ced. A ~tition p~~ ~ Atto~ L. H. ~on, ~d si~ed ~ 81 ~sid~ts of the tolled seeti~ of the Oi~ ~s r~, as "Oe~r 8, 1947. 0ity De~ay ~eh, Flo~ ~ntl~n: At the r~uest of ~e ~rsons ~ose ~es app~ ~ the ~t~ ~titi~, I ~s~e~ly su~t ~d ~tition to you, hop~ ~t s~ ~d~te s~ ~y ~ ~en ~ y~ to all--to ~e s~fe~ ~d ~ ~i~ ~~ed daiS. (Si~ed) L. H. ~on" eDelray Beach, Florida October 5, 1947. City Council Delray Beach~ Florida Gentlemen: . We, the undersigned property c~ners and tax payers of Delray Beach, Florida, being vitally affedted by the recent heavy rains in this vicinity and realizing at the same time the many heavy demands now being made upon you, hereby respect- fully petition and ask that you take some immediate steps to drain, grade and hard surface the public street leading frc~ Atlantic Avenue to 4th Avenue and running south to S. W. 3rd Street. Our hc~es and grounds have been so flooded that our homes have been at times unusable, and the hurricane conditions still prevail ha that neighborhood. Unless we get sc~e imse~iate relief an epidemic of illness may break out and thus endanger our entire City. The same applied to S. W. 3rd Ave. from At~-~tic to S. W. 2nd Street.e Respeetf-lly submitted, (Herewith follow eighty-two signatures.) O~Ottl~ ~2~I~ 19~.7 but that every effort would be mdc to drain the water to the existing ditehes~ and City Manager Edmond was authorized to cut across Atlantic Avenue, near the colored U. S. O. building, in order to drain the water north of Atlantic Avenue~ and use whatever method he thou6ht best to drain the area near the Tennis Courts. The following letter was filed by Lee Me, roe, as Chairman of a group ef citizens in the colered sostion, and same was read in full: "Post Office Box 1044 Delray Beach, Florida October 14, 1947 Members of the City Council Delray Beach, Florida Dear Sirs: We the members of the Citizens League of Delray Beach, Florida have met and found these as some of our more obvious needs which need your immediate at.tenti~n: 1. The removal of the debris caused by the stetro. 2. Control of water in the flooded areas. 3. Repairs to the road leading to the school with special emphasis on that corner. 4. A stop light not caution light at the intersection of 5th Avenue and Atlantic Avenue. 5. Warnings to drives in the school zone. Yours very Truly, Lee Monroe, Chairmen Willia~ Robinson O. F. Youngblood L. L. Youngblood. Carlis Brentley The delegation was assured that de~ris caused by the recent storm would be re~ved as soon as it was possible. They were also informed that a traffic light would be installed on the corner of S. W. 5th Ave. and Atlantic Ave. if the light on hand could be put in working erder. The 0ouncil also agreed to put up sig~e %o slow down traffic on S. W. 5%h Ave. as a protection to school children who have walk in the street. Mr. Edmond was asked to check into the advisability of laying sidewalks 5th Ave. and possibly for a block east of 5th Ave. on Atlantic Ave. and make his recommendations to the Council. The following letter from Harold E. Wilson was then presented and read ha "Delray Beach, Florida. October 10~ 19A7 Honorable Mayor and City Council City of Delray Beach Delray Beach, Florida OCTOB~ 1~ 19/.7 Gentlemen.- Re= Lets 22,23, 2~ Block 119 Tewnsktp 46 South Range ~3 East, Palm Beach County, cc~nonly known as South East corner of Seventh A..v~n. ue.and Second Stree~ The above property was purchased by Mrs. Wilson and I nearly four years ago for the express purpose of erecting apartments. We were led to believe at that time that they were so zoned. We later discovered that the lots were zoned for "B" or duplex dwellings. This was our error due to not properly checking the records. $o let the matter rest at that. Last fall we rented an apartment here in Delray Beach and during the sum- mcr had sketches drawn ready to obtain local services with the thought of proceed- ing with three duplex apartments. We now find our lot vas re-zoned during the summer, and while we were away, to residential "AM, while the MB" property across the street to the north and northeast has been zoned for apartments. O~r purchase of the property was sincere and made on the basis of apartments only. ! am sure you will appreciate that wet only has our value depreciated but we have been completed defeated in our original purpose unless we can prevail upon you to afford us relief by either restoring the MB" zoning or placing us in the apartment area s you did our neighbors to the north and northeast. The folks to the east ef us are facing their houses eastwardly and toward the Waterway, This, together with the fact that Highway property is immediately adjacent to the west is very unfavorable to our side of the street from an "AM zone viewpoint. I enclose m~ check for $15.00 which I understand is the fee required with this application. Your consideration of this request will be greatly appreciated. Yours very truly (Signed) Harold E. Willsca M As the above request would have to be referred to the Zon~-g Beard for their consideration and recc~nendation to the Council, the Clerk was instructed to advise Mr. Willsen that his application would be held until the first meet~w~ of the ~.oning Board which will be about Decamber ls%. A letter frc~ ~rs. Laura K. Bentley, asking for a special permit to operate a small temper~ yarn shop in her h~ne at 135 S. E. 5th Ave., vas read as follewa: "October 2, 1947 City of Delray Beach In applying for a license for a -_~,ell temporary yarn shop to be in ~ home at 138 S. E. Fifth Ave. (Lot 17, Block 102) ! was told it would be necessary to have a Special Permit for this. 0CT~e~ 14TH, 19~7 ~y neighbors have no objection to mY having this shop, as it will mea~ ne eha~ge or addition to the house and will be very quiet, and for the winter month~ only. This block, however might be called semi-ec~mercial, inas~Ach as there are only three private residences in it, the rest being a roc~ing house, and a~t building and right next us are to be Doctor's offices. Also I have no desire to change the character of the block, as I expect it to be m~ ho~e the rest of m~ life, and only want to have a shop here until ! can find a suitable location in the real Business District. Hoping to hear from you favorable in this matter immediately - Sincerely (Signed)Laura K. Bentley "I have no object to Mrs. Bentley having a yarn shop in her residence at 138 S. E. Fifth Avenue . Signed E. S. Powell Delray Beach Apts. Signed ~m. J. Heavener 122 S E 5th Ave. Signed Lee Belle Priest S. E. 5th Ave. Delray Beach As the above described property is located in an Apartment House zone, which does not permit the operation of a retail business, the Clerk was instx~cted te advise Mrs. Bentley that her request could not be granted. Cc~zmmications from the American Red Cross, Juni~amb~F of Commerce, Delray Beach Board of Realtors and the Lions Club, cc~mending the City management for its excellent work in cleaning the streets and property throughout the City after the heavy damage caused by the hurricane of September 17th, were read as follows: "October ~8, 1947 Honorable Mayor and City Council, City of Delray Beach, Florida. Gentlemen: At its regular monthly meeting held on O~tober 3rd this Board voted to express its deep appreciation and ccagratulations for the splendid performance of the City in cleaning up and otherwise rehabilitating this community felloviug the reoen% hurricane. We hope that your body will call upon us in any way we can be of assistance and we have appointed a committee, headed by ~r. John Eabler, to cooperate with you in helping to restore Delray Beach to its pre-storm status. Again with deep appreciation we ~are Very truly yours The Delray Beach Board of R~altors By (Signed) John A. Thayer-Presiden% 0CTOB~t 14TH, 1947 "October Honorable ~ayor and City Council City of Delray Beach Delray Beach Florida Dear S~rs: We wish to c~end-and thankthe City Council and City Manager for the very excellent work that they have done in olea-t-g the city since the recent ~ rieaae. Your work in remov~-~ debris has contributed more than amything else to restoring the life of the city to nore~ley. Sincerely, Delray Beach Junior C~m_~er of Commerce Signed Matt Gracey Matt Gracey Secretary ' "October 4, 1947 Honorable Mayor and City Council City of Delray Beach Delray Beach, Florida Gentle~en: Delray Beach Lions Club compliment you in the splendid clean up Job you have done, following the recent stor~. We recognize this as an outstanding accomplishment of your a&m~nistratte~, and subscribe throughly to the emergency assesment to reide funds to defray expense of removing the debris. We have confidence in you "Gentlemen", that at the expiration of six months, the assessment to our water service will be removed. If there is any aid our Club may render, do not fail to call on us, for our first interest is in our COW~Anity. Very truly, Harry J. Morgan, Secretary Delray Beach Lions Club " 284 "September 30, 1947 0ity Commissioners City Hall Delray Beach, Florida Gentle~en: The Red Cross in t~m~_ of disaster is synonymous with the people and the 'institutions of a~y cc~aunity. The task of meeting disaster emergency is ~ade possible through the coordinated efforts of all of us. Therefore, the Palm Beach County Chapter of American Red Cross t~s organization for the invaluable service rendered to the community during the recent great Atlantic hurricane of September 16 and 17, 1947. Very truly yours, Signed W. H. Hitt Willis H. Ritt Chapter Chairman The clerk was instructed to acknowledge the above letters, and to file them with the data concerning this meeting. A letter from Mrs. Frances Jarrell, Teacher of a Unity Class, was presented and read, as foll~s: "3 October 19&7 Box 155 Ft. I~uderdale, Fla. The City Council Delray Beach, Florida Gentlemen: We would appreciate so much your penmissi~n to conduct a MUnity Class" in the Council Cb-tubers on Tuesday afternoons from 2 P. M. until & P. M. Delray Beach has to the present date 79 subscribers for The Uaity litera- ture. We will be most grateful fo= your consideration and cooperation. (Signed)Mrs. Frances Jarrell (Mrs.) Frances Jerrell Authorized Teacher It was the consensus of opinon of the Council that no organizatien should be granted the privilege of using the Council Chambers regularly, and the Clerk was instructed to so advise Mrs. Jarrell. OOTOB~ 1A~, u~a call ox- rolm ~o~ ~mec, ~id, ~bJect ~ ~e ap~l of ~e F~ce O~t~e. Oo~ci~ ~utler s~t~ t~t ~e gates at the A~n~ic Ave~e ~ss~ ~e Flori~ ~st O~st ~il~y ~re a defi~ ~zard. ~e s~ted t~t the ~s were ~ ~ ~t~ ~~ d~ the day, and ~is ~s not be~8 done, with the ~s~t that ~ accidents were ~rely a~i~. ~. F. G. H~, ~~s~r, ~ asked to a~ ~f~ ~e C~c~ at the~ ne~ ~eting to ~~ w~ the ~tes were ~ au~tica~ o~rat~, c~~ to the~ a~~t. ~ ~sp~se to ~ I~ti~ for Bids for ~sh~g ~e ~1~ ~~ic o~t~ H~~e, eq~p~d ~th C~ Shell ~d t~sh ~ckets, ~ ~e ~oposal ~d ~en recei~d, ~m A~i~ ~~nt, Inc. ~ ~, FI~ i~, ~ the ~t of ~,3~.~ less a $~.00 ~sh disc~t, or a net price $8,~8.~. Ci~ ~ger ~ond s~d t~t ~e Flori~orgia ~, and ~e Cl~st~ ~t~ Co. of Cle~st~, ~ori~, ~ ~ ~ble to ~sh the eq~ent s~e~ied, ~d reco~ded t~t ~e eq~ent be ~ A~ied ~~nt, Inc. of ~, Flori~. U~ moti~ of O~o~n ~tler, seconded ~ C~c~ ~te, ~o~ ~ied, th~.~o~ of A~i~ ~~nt, Inc. of M~, f~ Mil~ee$1 T~ ~~, as s~c~ied, ~s ac~p~d, ~ o~e~ ~s~, at a net price of ~,~.~. ' Ct~ 'Clerk APPROV~D~