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10-16-46 Adjourned I .'." " j"', '. .' . .' . ~ ~ 'j ". t .~ " . ~ , ( .'t , OCTOBER 15'lll, 1946. An adjourned session of the City Council was held in the Council Chambers at 7:30 P. M., with llayor M. 1I. Dewitt in the Chair, City Yanager H. P. Edmond, City Attorney J. W. Nowlin, and the following Councilmen present: B. C. Butler, F. B. McNeece, J. B. Smith and C. J. White, a quorum being present. The minutes of the meetings of September 23rd, 24th, and October 9th, were presented and approved as written. City llanager Edmom reported that the Delta Air Lines, who have been using. a strip of City owned land near the Golf Course fbr a landing field would like to have the same privilege renewed fer the coming year, stating that the new Airpark landing strip is not yet available. After discussion a motion was made by Councilman White, seconded by Council- man McNeece, unanimously carried, that the matter be tabled until Mr. Edmond 1\. has had an opportunity to stody the matter further. The following proposal was presented by Mr. Geo. R. Guy for the operation of a beach equipment concession to cover the entire beach, and same was read, . as follows: "October 14, 1946. Town Council Delray Beach Florida Gentlemen: Kindly cQllsider this letter as my application for a license to rent Beach . Equipment in the town of Delray Beach, Florida. I have had a Ucense for this type of business for the last two years am carry the proper UabiUty and property dall8ge insurance on all of my equipment. My employees are all quaUtied Ute-guards. Last ,ear the t01ll\ received $ 3,000 trom the Beach Equipment Ucense. IIy otfer is $ 2,000 for a Beach Equipment license this year. It wl.ll be appreciated if you gentlemen find it your wish to issue me a Beach Equipment Rental license. Very truly yours, (Signed) Geo. R. Guy Geo. R. Guy Bud's Beach Service" GRG:klg The tollowing proposal fromMr,' FrederickS.. Neafis was presented, am read in full: " -,I.t i_rs ....0..-- OCTOBER 15T}!, 1946. "October 15, 1946. Mayor and Council City of Delray Beach Delray Beach, Fla. Gentlemen: I wish to submit tor your consideration the following proposal in regard to beach concessions for the licensed year 1946-1947. I propose to rent dug-outs, windbreaks, umbrellas, beach chairs and rubber inflated rafts to the general public. For this concession, I propose to pay the City of Delra;y Beach the sum ot $ 1,000.00 in addition to furnishing one registered Life Guard, who will be on duty seven days a week trom 9:30 A. 1I. to 5:30 P. M. . ,...., ,.. I also agree not to place any equipment on the beach for a distance of 200 feet either north or south of the pavilion. There shall not be more than six dug-outs or other equipment in a group and groups will nott:be less thari 20 feet apart. " Individual dug-outs shall be placed not less than 15 feet apart, " I would expect to be assigned a section of the Beach to extend 200 feet from the south side of the pavilion to the south City limits, or for a distance of 200 feet trom the north side of the pavilion to the North City limits. I would appreciate an answer as to your decision in the near future, as it is necessary for me to make arrangements to have my beach equipment shipped to DelJ'ay Beach as soon as possible. This proposal is made with the understanding that if it is accepted, that the City Council is to accept any other proposala for the Beach concession under the same terms and. conditions as submitted herewith. Respectfully )JOurs, (Suned) Frederick S. Neafie Frederick S. Neafie 216 N. W. 7th Avenoo Delray Beach, Fla." As the City Council can not limit the number of licenses tor this con- cession on the Beach, Mr. Guy then otfered a counter proposal, accompanied by a check in the amount of $ 1,500.00, the fee established in the occupational license ordinance, for a portion of the Beach on which to operate his b~ftemr; i After discussion, a motion was made by Councilman Smith that Mr. Guy's license be renewed in the amount of $ 1,500.00, spacing to be worked out with the City llanager and the Police Department, with the provision that not more " than six dug-oute be placed in a group, groups to be at least twenty feet apart, . and' indifieual dug-outs to be placed not less than fifteen feet apart, a1so that all equipment will be kept at least tll8nty..five feet from the ocean and two hondrec1" feet north or south of the pavilion. " ' ~1IIlcilwas not in favor of grantangllr. Gui'.s request that he begi,'Yen P1f1'Jlll.~ion to pile his equipment on the Biaeh, cover it w.l.thcan"fas, anli:].eave i1:t~~ " over night, at his own risk. ,~ -v "'': ,~~ f' " -:- .~'!,';, L OCTOBER 15TH, 1946. Mr. Frederick S. Neafie was informed that his application would be approved as soon as all requirements have been met by him, at the same price of $ 1,500.00. Proof at' publication of a notice calling a hearing for objections to the final reading and passage of an ordinance regulating the closing hour of liquor bars was presentsd by the Clerk, and same was read in full as follows: NOTICE TO THE PUBLIC The following Ordinance was passed on first reading by the City Council of the City ot Delray Beach, on September 23rd: AN CRDINANCE OF THE CITY COUNCIL CF THE. CITY OF DELRAY BEAaI, FLORIDA, AllENDOO CERTAIN SECTIONS OF. CHAP'lER VIII OF THE CITY CODE OF DEIRAY BEAOH, FLORIDA. BE IT ORDAINED Br THE City Council of the City of Delray Beach, Florida, as follows: SECTION 1. '!bat Section II of Chapter VIII of the City Code of De1ray Beach, Florida, be and the S8m!l is hereby amended to read as follows, to-Wit: "SECTION II. It shall be unlawful f or any person to sell intoxicat- ing liquors, wines or beer in the City of DelrayBeaOh, Florida, between the hours of 1:00 o'clock A. Il. and 8:00 o'clock A. M. on any day except Sunday. It shall be unlawful for any person to sell, between the hours of 8:00 o'clock P. 1I. am 8:00 o'clock A. M., intoxicating liquors or wines in containers for consumption off the prem1aes of the seller." SECTION 2. That the above amendment shall become a part of the City Code of Delray Beach, Florida, and shall be inserted therein in lieu of t he original Section of said code ....hich is amended by this Ordinance. , This Ordinance will be presented for third and final reading on October 14th, at 7: 30 P. 1I., at which time objections will be heard as to its passage and adoption. RUTH R. SMITH City Clerk Objections were t'hen called for in accordance with the foregoing notice, but none were presented, whereupon the following ordinance was brought up for second and tinal reading and same was read in full: .. l.- ..........,"... < OCTOBER 15TH, 1946. ORDINANCE NO. G-12 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FIDRIDA, A!lENDING CERTAIN SECTIONS OF CHAP'lER VIII CF TIlE CITY CODE CF DEmAY BEACH, FIDRIDA. A motion was made by Councilman Butler, seconded by Councilman McNeece, that the foregoing Ordinance No. G-12 be passed and adopted as read, and upon call of roll the motion carried unaniJOOusly. The following ordinance was then brought up for second and final reading,' and same was read in full: ORDINANCE NO. G-13 AN CRDl:NANCE OF THE CITY COUNCIL OF THE CITY OF DEmAY BEACH, FIDRIDA, DESIGNATING 'lllE mRRITORY TO BE INCLUDED IN FIRE 20NES I, ...~ AND III, AS PROVIDED BY SEOTION 2, OHAPTER II OF TIlE CITY CooE OF DEmAY BEACH, FWRIDA, AND DIREC'fING. THAT SUCH PRCl'ERTY BE DESIGNAmD ON TIlE FIRE ZONE MAP OF THE CITY OF DEWY BIilACH, FLORIDA. .' Upon motion of CoUncilman White, seconded by Councilman lIcNeece, and upon call of roll unsniJOOusly carried, the foregoing "Ordiname No. G-13 was passed and adol?ted as read. The followl.ng ordinance was then brought up for second and final reading, and same was read in full: . ., ORDINANCE NO. G-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FIDRIDA, PROHIBITING THE ERECTION OF SIm;ET!!E.TAL COVERED BUIlDINGS IN ANt BUILDING DlSTRICT OF TIlE CITY OF DEmAY BIilACH, FIDRlDA, EXCEPT THE JlANUFAC'l.'lJRING AND INDtBTRIAL DISTRICT. A motion was I18de by Councilman Smith, seconded by Councilman White, that the toregoing Ordinance No. G-14 be passed and adopted as read,. and upon call ot roll the motion carried unanimously. An application for li.cense to sell beer and wine, J1arie ~er, applicant, Op81'1l;ting as Patsy's Chuck Wagon, on the Federal Highway just BOuth of Atlantic A~nlie, was approved in a motion by' Councilman White, seconded by Councilman Butler, arid unanimously carried. ,"" - '.,,'.:f~ .. .. -:--.,-,",~, ",<;;'j:5/i~;ti;v~:~!~~1;k, \"'-',:..'" "'/'; ;.:-:';;ii,ij;~Jjl /"1" '- A letter trom lIrs. Florence Chivers ot ll7 S. W. 4th Street, requesting till in~1':~i>tioA of a street light on S. W.4th S.treet near her home, was read, azx'l ~fo;(i.8d"tO. 'City Jlanager Edmood tor inWel~{gB:liion. . . / ;"'K:"<~;~,~(,"-";'<"'''''' ,-\'-, ....'" .." .""_.c-.,,'.,,"'. .'.', \:,5~~;;j,?~";1~\ii":::t'J', ':..-; ~~,:,;,~':'i,\\,j;.,:.::,,;,; '~('Ij L OCTOBER 15TH, 1946. The following letter from the Lions Club was presented an:l read, as follows: "October 10, 1946. Honorable Ilayor, City llanager and Members of the City Council Dear Sirs: In order to lend color and a testive air to the forthcoming South Florida GladiQla Festival and Fair January 20th to 25th, the local LiQns Club desires to know if the colored lights in the downtown section used during the holiday season could be lett installed until after the fair. Your cooperation will be deeply appreciated. Very truly yours, - Delray Beach Lions Club By (Simed) G. R. Hartll8n . G. R. Hartmn, Chairman Special Events COIIIIIittee The Clerk was instructed to notify the Lions Club to cbntact the Florida Power and Light Company and make arrangements with them, as the electricity used for the holiday street decorations is furnished by them. The annual report of the Delray Beach Tennis Association was presented and read in full. Dr. E. Monroe Farber, President of the Tennis Association, explained in" detail the accomplishments of the Tennis Club, and urged that tIEl City take over the operation of the Courts as a City project, repairing the courts and making the necessary improve_nts. Dr. Farber also reCOlllllended that an Advisory Colllllittee be appointed to manage the Courts, and that they be operated similar to the Golf Course, recoJlllllending an annual fee of $ 25.00 for membership. Council discussed the project at length, after which a motion was made by Councilman White, that the Council accept the recODmendation of the Tennis Association to take over the courts, and follow Dr. Farber's suggestions as to the operation of the courts and the membership fees, and take iIIlIIediate necessary steps to have the courts rebuilt. The mption was secomed by Councilman Butler, and upon call of roll carried unanimouSly. Dr. Farber stated turther that the Tennis Club would disband as soon as they were notified by the llayor that an Advisory Committee had been appointsd to take over the operation of the Courts. A letter from the Kiwanis Club of Delray Beach was presented, and read as followel . ," J"<.'~ " -, .~. ~ ,~. OCTOBER 15TH, 1946. "October 12th, 1946. The Honorable Mayor M. M. DeWitt am. the City Council of Delray Beach Dll,lray Beach, Florida .. Dear Sirs: '.. At a recent Kiwanis Dh-ector's Meeting a proposal to the City was lluggested which I would like to present to you. It is regardiq: the llemOrial Field and the Kiwanis Club would like to make soma Jasting contribution to 81Jlh a worthy project. We feel that maintenance of such a Jlemorial Field is veJy important. To the point, the Club will furnillh ..1~75Cl.dor the material cost of this sprinkler system provided that the City will supply the labor to install, operate, maintain and furnish the water lIhen it is completed. Kindly let us know the pleasure of the City Council on this matter. Very tIuly yours, (Signed) Dr. E. Monroe Farber E. Monroe Farber, President Delray Beach Kiwanis Club" ElIF /MKB City Manager Edmond was instructed to check on tbt original agreenent for the maintenance and operation of the Memorial Field and report back to the Council at their next regular meeting. The following proposal fer the leasing and operation ot a Parking Lot on City owned property just north of the Sea Crest Hotel ori North Ocean Boule1iard was presented and read, as follows: "Delray Beach, Florida October ll, 1946. City Council of Delray' Beach Delray Beam, Flortda Dear Sirs: It has com to the attention of the umers:lgned, Duncan Hunter am Micha(ll lIcGuire, that the City Council of Delray Beach cognizant of the congestion and inadequate parking tacilities on OCean Boulevard in the immediate vicinity of the Beach Pavilion and desiring to rlllliedy same, have and are considering the development of a parking lot on the City owned lot located about 100 feet North of the Seacrest Hotel property on Ocean Boulevard, said lot being about 50 feet in width by epp feet in depth. WHEREFORE the following proposal is respectfully submitted to the Council for its cortslderation: , '~! ..... "r:b OCmoBER 15TH, 1946. v 1. The un:lersjgred, aware cL the e:xpense of such a development to the City during these infiated times, are willing and ab~ to undertake this development at their 01'l!\ expense cJeari~ the property and rooking it in a proper and suitable manner. In consideration for such development am expense the parties hereto ask that they be granted a two year lease or a two year concession rjght to said property to operate it as. a parking lot. . In connection therewith that they be granted a permit to construct trereon a suitable otfice for conducting said concession and business, and to dispense therefrom soft drinks and sandwiches. 2. The undersigned present this proposal subject to the City, in the event ot acceptance, including in the lease or thEi concession rights agreement, an option to renew for one year at the sum of ONE '!'HOUSAND ($l,ooO.oo) DOLLARS to the parties hereto. Further that provision be made that they be granted. first refusal rights for such years thereatter and upon such terms as may be mutually agreed upon between the City and the parties hereto. 3. The undersjgned are wilUng that all of such construction and develop- IIIIlnt be in accordance with such specifications as may be mutually agreed upon between the City and the parties hereto. 4. 'Ibis proposal is presented in the utmost of good faith, and in support of the community standing of the parties hereto certain character references are tendered herewith. , 5. In the event the Council favorably considers this proposal it is requested that such lease or concession rights agreement date as of Novemer 1st, 1946, at which time development of said lot can be undertaken. I , Respectfully submitted, (Suned) Duncan Hunter Duncan Hunter (Suned) llichs.el W. McGuire llichael W. McGuire PROPCSAL NO.2 If our proposal in Paragraph 1 on Page 1 is not looked upon with favor by the Council, we make the tollo1d.ng suggestion: We, the undersigned, propose. that we rent tram The City said pmperty.for one hundred dollars. ($100) a month. In consideration for such rent the parties hereto ask that they be granted a one year concession right-to said propert,cto operate a parking lot, and also have tre right to dispan8B soft drinkS and sand- i' wiches. Date of lease to begin at suCh time when the City ill finished clearing and mclcing and COllstructing a suitable office tor conducting said concession and bua1neee. ,ie,_.,-'.,_..'o"" Respectfully submitted, (Sig!led) Duncan Hunter " ,,(~'~~d},)..ncbael w. Me!i~~: .' 'j:,;;;(':):\i,0;~::.)l::ii';m:i{';';";~<", c,> ,;' ".,',.,;' ,", "i:. ~"\'.;'~'~'i,'i i,,;,,<cp-;'i :;~ .1i ;-: i.1 ';>~f:'/;~:;:' ;; ;:;';j,::.~) ;;,Li;:'<';,i' ~ ,"" ":! :',:~rJ"t OCTOBER 15TH, 1946. Mr. Neil VacMillan, representing Messrs. Hunter and McHuire, explained that they would operate a soft drink and sandwich concession only as an in- cidental concession to the parking lot b11fli.ness, as the revenue from the parking lot was uncertain until it became an established bu'sineee. It was explained by the City Attorney that this property was in a Special; Hotel District and soft drink stands would not be allowed under the Zoning Ordinance. Mr. Nowlin also explained that the Zoning Ordinance would have to be amended to allow the operation of a parking lot in this district. The above applicants then offered $ 600.00 per year for the parking lot concession only, .the City to rock am oil the lot at its own expense, providing the Zoning Ordinance can be amended to allow the operation of a parking lot in this location. . . After consideration,. it was the opinion of the Council that the I18tter should be referred to the Zoning Board for their reaction as to allowi.ng parking lots in a Special Hotel District, also that more thought Should be given to whether or not the lot should be prepared an:l leased by the City, or operated as a free parking lot. Action was withheld for further study, and for obtaining . the opinion of the Zoning Bo'ard. A letter from the Junior Chamber of COIllll!l ree was read, sx:pressing their thanks to the Council for the use pf the Council Chambers for its regular weekly meetings. In this lXlnnection the Clerk was instructed to notify the Motor Boating Club, and also the Junior Chamber of COllIIIlrce, that they might use the Council Chambers for their meetings on any night except the nights of City Councilll8etings, a certain night to be decided upon with the City Vanager. City Vanager Edmond reported that the awarding of contract for the rebuilding of the City Docks, iorwhich bids were received on Septemer 9th, had been with- held pending a heari.ng, and that in the meantime property owrers in the immediate vicinity had been notified that the hearing would be held on October 14th, at which time they could file their objections to this work. Objections were then called for from the audience, but none were presented. Three protests had been filed with the Clerk, objecting to the reIRiring of the Docks, from property owners who had been notified. A letter from the Junior Chamber of COJllJll8rce expressing their approval ot this project was also filed. Four letters from boat owners were then read, requesting dockage for their boats for the winter season. After discussion by the Council a motion was made by Councilman White, that the bid of Troup Bros. and Sands, in the amount of $3,675~OO, which was presented on September 9th and action postponed until this meeting,. be accepted as the lowest and best bid tor turnishing piles for the City Docks and driving them in place. City Attorney Nowlin presented the following contract signed by Mr. John N. Kabler and his wife, with reference to the construction of a small office building in Block 1 of Ocean Park Subdivision: CONTRACT 'lllIS CONTRACT Vade this the 15th da;y ot Octob~r, 1946, by an:l between John N. it!lbler and Joan W. Kabler, his wife, herelnatter referred to as the parties of the til'8t part an:l the City of DelrayBeach, a~cipal Corporation, located in Palm Beach County, FlOrida, hereinafter,rete~d t.o as .ths party d tb!l seco~ part, --'i ""'U ">'~)O OCTOBER 15TH, 1946. WITNESSETH that whereas the parties of the first part have requested the party of the second part to issue a temporary permit for the construction of a small office building on Lots 6 & 7, Block 1, of Ocean Park, Delray Beach, Florida, with the understanding that said building will be removed at any time upon ninety days I notice from the pa rty of the second part, and WHEREAS the party of the second part is willing to issue such a building permit upon such conditions. NOW, TIlEREFORE, in consideration of the issuance of the above described building permit, the parties of the first part agree that they will remove the building to be erected on the above described property within ninety daye after receiving written notice from the party of the second part to remove the _. IN WITNESS WHER1l:OF the parties hereto have executed this agreement on the date first above written. " Up6n motion of CouncillJla.n Sutler, seconded by Councilman White, unanimously carried, the Mayor and City Clerk were instructed to sign the above contract on behalf of the City of Delray Beach. With regard to a provision in the Occupational License Ordinance providing for the licensing of restaurants, except in connection with a Hotel, Cpuncil agreed to leave this current year's ordinance as written, am take the matter un:ler consideration for next year. A letter from the New Smyrna Beach Poet No. 17, AnIlrican Legion, was presented by Yayor DeWitt, in which they !lsked permission to publicize a Rodeo Show to be held in their City on November loth and 11th, by microphones from an automobilethrough the streets of this City, and also to announce same from planes flown over the City. After consideration by the Council, the Clerk was instructed to notify the above organization that we wish to cooperate with them, and to make their arrange- /Il!lnts with the Chief of Police for advertising their Rodeo by loud speakers. Bills totaling $ 13,943.11, having been approved by the Finance CoDlllittee, were ordered paid. A motion was made by Councilman Butler, seconded by Councilman White, that $ 3,000.00 be transferred trom the General Fund to the Water System Revenoo Account, from which account $ 2,000.00 will be pakl to Mr. J. P. Carroll, covering a geological survey for work on test wells, and $ 941.46 to the Florida East Coa st Railway Company tor expense incurred in connectionwii;h the installation of a water main under their tracks and across right-of-way at S. 'E. 7th Street. A profile plan, as submitted by llr. M. B. Garis, l!hgineer, dated October 15th, 1946, showing PropoSlild grades on Gleason Street and Atlantic Avenue, was approved as to Gllilason Street only, the grades on Atlantic Avenue to be considered .after approval by the County. 1, .,!~ r, '1 c ~ .,~' ',_.1 ~~ OCTOBER 15TH, 1946. The report of the Building Department for the month of September was presented and ordered filed. The report showed the following permits had been issued during the month: Building Permits Electrical " Council then adjourned. $ 212.45 21.65 $ 234.10 AT r: i,~ R:? AJ ~ ""lJ City Clerk ~ / .