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08-11-41 Regular :171('2 COUNCIL CHAMBER August ll, 1941 The Council inet in regular session at 7:'30 P. M. with the following JlJlnbers present: Mr. Hill, Mr. Jacobs, Mr. Miller, Mr. Sabath, and Mr. Scott. The City attorney was absent. After correcting Page 1762 of the minutes of July 28 to quote Mr. Jacobs as stating that the septic tark was "filling" with sand, and Page 1770 to show Mr. Miller as making the motion authoriz- ing Mr. sinks to proceed with garage work, it was regularly mowd, secon:ied and carried that minutes be approved as co n-ected. r - A letter fran the Lake Worth Public Library Board, inviting the citizens of Delray to attend the opentng of Lake Worth's new municipal Library Building, was read and ordered fUed. A letter wa s re ceived fran Matt Gratey, age nt for Robt. .E. McCabe, recent purchaser of Ocean Beach Lot 9, requesting that Thomas Street be paved from Arxirews Avenue to the Boulevard, and sta ting that Mr. McCabe was prepare d to pay cash for his half of the construction cost upon completion of this improvement. 1 1 Councilman Miller stated he had written Mr. Fox, the otblr property owner involved, regarding the prcposed lmprovenent but had received no reply so far, but since ~% of the property had petitioned for the street, it was noved by Mr. Miller that the following Resolut- ion be adopted: llESOLlIl';J:ON J.ll A RESOLUTIDN OF THE CITY OOUNCIL OF TIlE CITY OF DEmAY BEACH, OllDERIt-G THE CITY mGINEER TO ffiEPARE PLANS AND SPECIFICATIONS FOR STREET IMPROV&IENT IDIlK ON 'lHOMAS STREET (FROM ANDREWS AVENUE TO THE OCEAN BOULEVARD) . Mr. Hill seconded the motion fer adoption, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. Tbl follCllYing request, submitted by the Building Inspector, was read to the Council: City Council GentleJlJln: Mr. Foy Shi vers requests pennission to ere ct an office building 14'x24', of concrete block construction on property lines of Lot 8 Block 83. CO~IL CHAJ.!8ER August ll,1941 1773 This location is South of the Ocean City's Millwork Plant which ab.lts property lines on Sooth side of S.E. -lst.Street and S.B. 2m. Avenue. It is reccmnended that permit be granted for 14'x24 two story office builaing with the understand- ing that the 10 foot required set-back will be required on the N.E.Seccnd Avenue property line. /s/ I.J.Sinks, Bldg. Insp. In discussing the reques t, Mr. Miller sa 3-d that the 5 foot set-back required on First Street would be of smail benefit to the property ClIYner, mile it ;o.ould Dean a great deal to the City, should it ever be found necessary to widen First Street. Mr. Jacobs considered 'the practice ~ building out to prop erty lines at street intersections, created traffic hazards, and therefore should not be encouraged. Mr. Sabath finally moved that the requested special permit be denied, and the building be required to be b.lilt in accord with ordinance require- ID3nts. Mr. Miller seconded the motion, and on roll call the vote' was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The following request was also received fran the Building Insplctor's office: 8/ll/U City CouncU Mr. S. H. Bur1ll?:(ne requests permission to add kitchen to his residence located on Lot 2 Seestedt- Stevena Subdivision. This pennit was issued May 27, 1941. am complied .with Zone "A" requireJlJlnts. !fr. Burgcune' s request is based upon the fact that Zone A" was not in force and is not now in force and he is tblrefore enti tle8 to have two family occupanc;r. It is recommended that request be referred to Zoning Conmission. /s/ I. J. Sinks. Co The m6IIbers sts ted that since the property in question, had IXlt, so far, bsen ch~ed fran Zone "B" to Zone "A" there was no reascn to refer the permit to the Zcning Comnission, but that the Council was obligated to grant sane, as per request, am the Bui lding Inspector was so instru:: ted. The Clem pointed out that property owners in the Seestedt- Stevens Subdivision had petitioned for a change of Zone on Jan. 6th last, and that a meeting of tre Zoning Collllllission to consider the request had been held on Jan. 15th, and after a public hearing on the same, held February 13th, the following recomnendatial, upon motion of Mr. Gracey, secomed by Mr. Ewing, and unanimously carried, was returned to the Council: "That lots 2 to 17, and 2l to 29 Seestedt-Stevens Subdivision, am Block 139 West of the C anal be change d from Residence "B" to Residence "A" zone classification." 1774 co UNO IL CHAMBER Augua,t ll, 1941 ~i It was stated that the Council had never acted upon this recommendation, and that some ac-t;ion to dispose ~ the lIBtter, ms in order at this time. It was further explained that the Zoning Commission's report carried with it the recomnendation that front line set-backs in this district be '30 feet instead ~ the usual 35 feet required in Zone "A", since a 3)-foot set-back woold confonn with other buil~s already exist- ing on the street. It was therefore IIDved by Mr. Jacobs that the City Attorney bs instructed to draw an Ordinance amendment, cha~ing the afore-mentioned district to Zone "A" with a special set-back of ally '30 feet, in accord with the Zoning Commission's reccmnendation of Feb- ruary 13th, 1941. Mr. Miller seconded the motioo and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yell. 'lhe motial carried. It was nowd by Mr. Miller that the City Eng:ineer be authorized to buy 2 tons of fertili zer, which Mr. Croner recamlended as being needed for city uee, one ton for the football field, am one ton for fIil neral beautification purposes. Mr. Hill seconded the motion, and on roll call the vote was as follows: Mr. Hill Yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The Chairman of the Parks Comnittee stated, as he was leaving on vacation imnediately, he would appreciate it if Mr. Jacobs would reconmend the kind of :fertilizer, most suitable for this purpose. A bill,from the Port Sewall Realty Company covering second hand pipe purchased, aJIl:)unting to $1,312.85 was submitted, toflilther with the following letter from the City Engineer: August ll,1941 Honorable City Council Delray Beach, Fla. Gentlemen: Attached is the bill of the Port Sewall Rea:Jty Company for ten inch pipe and fittings. . Mr. Chas. Woodruff' acting as agent for this canpany told the writer that the City had been notified that because of the price of the ten inch pipe, it would he necessary for us to take all nipples as well as the regular pipe; however I am not aware of any such notifica- tion, and therefore reconmenda reduction fran this bill of $27.00 which is the amount of nipples at $1.00 per foot, and which niwles are valueless to us. Other items on the bill are correct as to quantity. Very truly yours, /s/ Howard L. Cromer, . City Engineer. It was moved by Mr. Miller that the City Engineer be in structed to reject the niwles, which the City has no use for, and to pay only for the pipe, which is ail the City ordere d. Mr. Hill seconded the motion 1.'775 COilllCIL CHAMBER August ll, 1941 and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The following estimate of costs for suggested work at the Rifle and Pistol Range was sutmitted by the City Engineer. $:J).oo $10.00 1t::D.00 $(J;) .00 . Mr. Jacoos questioned the advi sability of spending eity moneys on property which the City does not own. and recClllJDended that some kind of title be acquired thereto. After discussion, it was roved by Mr. Miller that the City spend $60.00 and make the sugge sted re rairs in readiness for the scheduled Peace Officers Match, on August 20th. l4r. Hill seconded the motion, and on roll cail it was carried unanillDUSly. Repairing background and adding 2 wings... Grubbing and sprigging shooting space . . . Grubbing and spriggl.ng space between shootil"E space and background . .. It was then noved by Mr. Jacobs that the City proceed to acquire title or tax deed to property at this loca.tion, as authorized by a previous Council, years ago. Mr. Hill seconded the motion, and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The following camnunication fran the City Engineer was read: August 6, 1941. City Cooncil of Delray Beach Delray Beach, Florida Gentlemen: In accordance with the opinion expressed in a letter from the State Board of Health, it is recomnended by the writer that the 6" test well drilled by Layne At- lantic Company be hooked up to the present well field by the Public Works DepartJlJlnt a,t the earliest practicable time . It is my opinion that this hOOk-Up will cost the city in the neighborhood of $175. This represents the necessary pipe, fi-t1t.irigs, labor and manholes. At the previous meeting of the council, I was authorized to mi!l.ke a production test on this well at an est:lmated cost of $100. The final cost for this test !mounted to approxinately $~ and showed the well capable of producing sufficient water to justify the' hook-up. Very truly yours, /s/ Howard L. Croner, City Engineer. In accord with the reconmendation, it was moved by Mr. Hill :1776 COONCIL CHAMBffi August 11, 1941 that the Water DepartJD3nt be instructed to tie this test well in with the City's we II field. Mr. Jacobs seconded the motion, which on roll call, carried unanimously. It was recannlended by Mr. Miller however, that before the City Engineer proceeds with this hook-in, that we ascertain from the City Attorney just what the legal status of this well is, and whether or not it is advisable for the City to appropriate and use this well. Samuel Ogren presented a cottage-court arrangenent of four l-bedroom detached apartlmlnts John B. Reid asked pennission to erect on Ocean Park lots 4 & 5 block 1, on the boulevard. The Building Inspector advised that the space allowed between these units did not lIIlet cottage court requirements, therefore it was moved by Mr. Miller that the plan, as submitted, be rejected. Mr. Sabath seconded the motion, stating that he was IXlt in favor of granting any more special permits or making exceptions to the zoning ordinance, as written. On roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The folloong estimate of costs for transplanting and rellX>val of trees at the City Park was read: Aug. 8, 1941 City of Delray Beach Delray Beach, Florida Gentlemen: Att: Mr. H.L.CrolD3r We are pleased to submit the following estimate for proposed work: Taking down 1 large coconut palm Taking down 1 large Australian pine Transplanting 1 coconut palm* $10.00 20.00 15.00 $45.00 (*City to refill hole at Shuffleboard Court where coconut palm is taken up) This price includes all responsiblity as to breakage, if any, and the cleaning up of city streets and premises where trees are taken out. Yours very tru~, MIKE BLANK NURSERIES /s/ Mike 1.. Blank Mr. Scott and Mr. Jacobs disapproved of planting more trees in the city right-of-~ , stating it would probab~ not be long before these would have to be IlX>ved to allow :fro street widening. However, Mr. Sabath finally moved that the City Engineer be instructed to have Mr. Blank do the work, as above outlined. Mr. Hill COUNC IL CHAMBER August ll, 1941. :1777 seconded the motion and on roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. 0 Estimates were received froa the Gate City Sash & Door Company and the Palm Beach Woodwork Company for millwork, sashes, window franes &c for thO l'Q~it and glassing in of the upstairs swinming pavllioo. porch. It was moved by Mr. Sabath that the low bidder, Palm Beach Woodwork Company, be awarded contract at a price of $266.40. The additional installation costs were estimated at $90.00. Mr. Hill seconded Mr. Sabath's motion, which on roll call, carried unanimously. An offer to purchase the City's lot, No 22, Block 1, Del Ida Park at a price of $300.00, was received fran L.C.Hand. The question of title arose, and it was recamnended by the ~r that this matter be referred to the City Attorney, and that he look up the records and make report back to the Council as to status of title. ( The City Engineer reported he had looked into the matter of aCl!Uiring additional footage for straightening out the alley r=ing East and West throu€J:l Block 109, and found it would require a trian- gular parcel of land, 15 feet square, from both Mr. Berg and Mrs. Tippins, property owners on the North and South sides of the alley, and it would therefore be necessary to make a trade with these owrers. Mr. Berg had indicated his willingness to make some sort of trade for this property, Mr. Craner said but Mrs. TiWins, so far, had not been contacted in regard to tI-e matter. It was therefore reccmnended that someone get in touch with Mrs. TiWins, explaining to her what the City proposed to do, and endeavor to obtain title to the required ri€J:l t-ot' -way. The City Engineer requested authorization on work to b e done at the football field, stating the City had been hauling marl and was about fini:shed with that part of the work. Mr. Sabath said he bslieved that the hauling of the marl and the. furnishing of a tal of fertilizer about fulfilled the City's agreement to aid. in this work and he therefore IIDved that the City Engineer do no further work untU some def'ini te request for assistance is received. Mr. Hill seconded the motion and on roll call the vote was as follOW's: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The Clerk read a letter from the Florida League of Municipal- ities, in which Mr. Owens re conmended W.D.Outman as a man experienced and capable of making a conplete 1942 re-appraisal of property for the City. Mr. Sabath said he thought it advisable to communicate 1d th Mr. Outman in order to get an idea as to ma t such an appraisal might cost, so that this expenditure might be included in the coming years' budget appropriations. It was stated also that Mr. Harry Blanck of this city had reque sted an opportunity to tall:k to tIE Council in regard to this contemplated assessment work, as he was experienced in this line, having made appraisals for Ft. Lauderdale. The names :1771 COUNCIL CHAMBER August ll, 1941 of frank and A. S. Anderson, of West Palm Beach mre also suggested in comecticn with this appraisal work. The Clerk reported that J. F. Riley of BesselD3r Properties had requested a meeting with the Council, this week, for further discussion of the proposed water agreement to be entered into by the City and said Corporation. Mr. Sabath eJqJressed himself as being unfavorable to my canpromise. The Clerk was authorized to advise Mr. Riley that the Council woold meet with him on Wednesday night, August 13th. Pete Snow llBde the City a proposition for bUlkheading streets which abut the canal, with a nel( type of bulkhead composed of sand-and- cement-filled bags, at a price of $4.15 per foot. This bulkh<nd was recomnended for N.E.First Court, and for N.E.First, Second and Third Streets. However, it was decided that the City would defer bulkheading until alch time as property owners on both the North and Sooth sides of these streets had completed their bulkheads. It was reported that water pressure was very poor in Park Court Subdivision, and at Wreidt's house in Ocean Breeze Estates. f ~, It was reported that Frederick Cook had requested that the lots just Sooth of his apartIlE>nt house becJeared. Mr. Miller stated these lots had been cleared cnly a year ago, aln he did not consider they were now in objectionable ccndition. He suggested that the matter be referred to the Sanitary Comni ttee, and Mr. Jacobs agreed to look into the matter and make report back to the Council. l_ ; It was moved I:u Mr. Jacobs that ail emplcuees, who have_ been with the City for one year, be given a two weeks' vacation with pay. Mr. Hill seconded the motion and en roll call the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott ye s. The nntion carried. It was agreed that the CouncillD3et finally as a Board of Equalization, Momay night, September 1st, for the purpose,of finally disposing of all complaints and approving the 1942 tax roll. Mr. Sabath bI-ought up the matter of yacht basin improvements, sta ting he had received requests for reservations for the entire seasen from November to April, am would like to see the work procee d as soon as possible. It was stated the pennit had not COJlJl back from the War DepartlD3nt. altrough it had been O.K'D by the Miami office and would undoubtedly be approved. Mr. Sabath stated it was now a question of finances and wondered what could be done in the way of issuing revenue certificates. He asked for a recomnendation fran the Chairman of the Finance Committee, and Mr. Hill stated he would try to have a report to bring in as a special order of business at next JlJleting. It was moved by Mr. Sabath that bills numbered 7244 to 7'309, inclusive, be approved and returned to the Council for payment. COUNCIL CHAMBER August ll, 1941. It was regularly moved, seconded and carried that Council adjoum to meet in regular adjourned session, Wednesday A~ust 13th, at 7130 P.M. ~~w.~~ City Clerk ^,OPRQVED: ~ ~ Mayor .. :1779