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03-25-40 Regular 1430 COUNC II. CHAMBER Mar ch 25, 19.40 The Council met in regular session at 7:30 P.M. with the City Attorney and all members of the Council present. By motion regularly made, seconded and carried the minutes of the regular !'leeting of Harch 11th were approved as read. ~' Letters protesting the granting of building permit for a ~'ouri8t court '..ere received from Mrs. Day Mitchell, M. Fisher Wright, W. Y. Fillebrown, ;rane A. Reed, E.R. Mc- Carty, T.O. Lyall, Margaret C.L. Smith and Pardon C. Hickey. It was moved, se conded and carried that sa id communications be tabled for consideration later. , A petition signed by fifteen property owners from the Osceola Park district, asked that chan(~es be made in the zoning ordinance as follows: Change ordinance so that the following described are a shall be zoned for local business: 150 feet on the East side of S.E. 6th Avenue and 135.5' feet on the:1est side of S.E. 6th Avenue, between S.E. 4th Street and S.E. lOth street. ::r Change ordinance so that the fOllowing described are a shall be zoned for Res idence "B" construction: All property abutting on S.E. 3rd Avenue and S.E. 4th Avenue, between S.E. 2nd Street and S. E. 4th Street. Also all of Osceola Park betireen S.E. 4th street and S.E. lOth Street, between a line 150 ' West of S.E. 6th Avenue and a line 135' 'Vest of 8.E. 'l'hiro Avenue It was moved by Mr. Crego that these recommend- ations be approved and the chane;es made as reCJ.uested in said petition. Mr. Bradshaw seconded the motion, and on roll call the vote was AS follows: .Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Mr. Miller yes. The motion carried.) 1431 COUNCIL CHAMBER --- March 25, 194.0 ,<,. By motion of Kr. Hill, seconded by lrr. Crego, and on roll call unanimously carried, the following special building permit was granted: Permission to Mr. & Mrs. ',V.F. Dennis to maintain only a 12-foot set-back, instead of the twenty five feet re',uired for residences in the fire zone, for a house being moved to the rear of lots 1,2,3 Block 125 ~ Inasmuch as the neighboring res idence had been built only 10 feet from the front lot line, the Building' Inspector recommended the granting of the requested permit. (APPlication for renewal of permit granted in 1937 far the construction of a service station on Lots 19 and 20 Block 106, was made by Mr. Buck. Mr. Bradshaw moved that the permit be granted, ane] Mr. Crego secmrled the motioru In the discussion relative to this, it was stated this pro- perty was in the Apartment House District, therefore the Building Inspector recacrmended that the zoning be changed before granting the reCJ.uested permit. Members in the audience were of the op inion that such re commended zoning changes should be submitted for the approval of surrounding property owners before being made by the Council. The Mavor and other members of the Council con- sidered it wise' to first re-zone the Federal Hj,ghway before granting Mr. Buck's permit, IVhereupon ~ouncilmen Bradshaw withdrew his motion, Irlth Mr. Crego's consent, and moved that the zoning ordinance be changed to rezone the North Federal High',vay, between First Street and Fourt Street, for LOCAL BUSINESS. JAr. Crego seconded the motion, and on roll call the vote ',va '3 as follmvs: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried~" j 'N.S. Piersol complained about a house which had been moved to Lot 5 Block 5 Osceola Park, asking when the owner ',vas going to remodel same and put it in presentable condi tion. The Building Inspector informed him that Mr'. Priest intended to do so at his first opportuni ty bu t that the City had no means to force the building permit reCJ.uire- ments before the 60 day period allowed, had lapsed. " " Applica tion of the Colony Hotel for special build- ing permit for construction of a bridge to connect the main hotel building with the ad ja cent Annex was s ubmi tted. The Building Inspector claimed the 16-foot clearance through therear alley to be sufficient, whereupon it ,vas moved by' tIT. Miller that the request be granted with the proviso that said constTIlction be removed at any future time, after reasonable notice, should the Council deem it necessary or advisable. The City Attorney agreed to draw the proper recommendation in this regard so that it might be incorpor- ated in the permit so granted. Mr. Bradshaw se conded Councilman Miller .'s motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Orego yes, ~IT. Hill yes, Mr. ;racobs yes, Mr. Miller yes. The motion carried. 1432 COUNCIL CHAMBER - March 25, 194.0 An offer of $500.00 for the City's acreage in Section 21, lying Jest of the Federal Highway, was submitted by Matt Gracey, in behalf of a client. Mr. ;racobs and Mr. Crego were opposed to selling any of the City property, Mr. ;racobs stating this land was need:ed for a City dock. Mr. Miller thought it might be vrell to negotiate for sale of the property in cpestion since it was too far removed from the waterway to be useful for dock purposes. No action was taken, hmIBver, and UTJon motion of Mr. BradShaw, seconded by Mr. Crego and on roll call unanimously carried, the communication was ordered filed. The Cle rk read a letter from the H.P.A. Office in West Palm Beach advising the City t"at, under existing cir- cumstances, no work on Project 4418 could be performed on either side of the Ocean Boulevard, North of Atlantic Avenue, for the reason tha t Project regulations provide that sites where work is carried on must have been dedicated prior to expenditure of funds on any such pro ject, and that such necessary dedication of the Ocean Boulevard had never been made. In connection with this Ocean Boulevard right-of- way, it was contended that the City had paid Ge o. Carr for a survey to es tabl ish the West line of the boulevard and it had been supposed that the County had accepted such arbitrary line agreed upon at that time, but that now it developed that the County had never accepted s aid survey of Mr. Carr's. George S. Brockway, Engineer, submitted a price of $200.00 to prepare a filing plat and stake the irest line of the Ocean Boulevard through the City of Delray Beach. The desirability of definitely establishing the West line of said Boulev8I'(l was s tressed, both for the befiefit of property O\VllerS and for the City. Mr. Cromer stated that the present 'V.P.A. program in Delray would expire about May 15th, and that this would be the end of the V'l.P.A. work in Delray unless a further proj:lct could be put through. for the improvement and i~dening of the Ocean Boulevard to 42 feet, commencing at the South line of the S\renson property and running to the North line of Section 16. He s aid thIs improvement and 'videning could be OOoom- plished during the summer, with '.'l.P.A. labor, much cheaper than if the City contracted for the work, but that in order to have such a project accepted it VJould be necessary to establish the ,vest line of the boulevard, and that he had been assured by the County Engineer that the plat Mr. Brock- way agrees to make would be acceptable to the County and would act as the required. (! e,lication for all such purposes. Mr. Cromer estimated that in this way the City would get approximately three or four thousand dollars' worth of street improvement work for a cost of apprOXimately $600~OO. including the $200.00 survey expense. It was. expected to receive County aid in the way of machinery and material for such work, he said. 1433 COUNCIL CK~JBER - March 25, 1940 Mr. Bradshaw said he hated to payout another $200.00 for the reCJ.uired surve;' but if that vms a means of establishing an acceptable right-of-way line enabling the City to get the recol11lllended pro.ject, he was in favor of it. He accordingly moved t'18t the prol)osition be accepted and the City have Geo. Brockwa7 proceed to establish said '.West Boulevard line. Mr. Miller seconded the motion and on roll call, the vote was 8S follows; Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Hr. Miller yes. The motion carried. It was further moved by Mr. Bradshaw that the City Engineer be authorized to draw up the proper forms for Pro- ject application to widen the Ocean Boulevard, along the lines discussed, providing for paving, sidewalk, parkway &0 Mr. Miller se conded the motion and on roll call the vote was as follows: Mr. J:lradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. dacobs yes, Mr. Miller yes. The motion carried. A communication was read from Harry Phillips, Director of the Georgia State Fir A College asking Delray's Fire Chief to attend this year's session of the College being held ],lay 8th, 9th, and 10th to assist in conducting the various drill e vqut ions . It was moved by Councilman Hill that Mr. Cook be permitted to attend said Fire College being held in Atlanta on said dates and that $25.00 be allowed him for travelline; expenses. Mr. Bradshaw seconded the motion and on roll call the vote was as follows: Mr. Brad- shaw yes, Mr. Crego yes, Mr. Hill yes, I.1r. ;racobs "es, Mr. Mill er yes. The motion carrie d. " Upon ,ITitten recommendation of the ffire Chief, authority ivas given for the purchase of four new sections, or 200 feet of 2} inch fire hose to replace defective hose, thus bringing the number of feet up to the standard demanded by the underwriters. By motion of Mr. Hill, seconded by 1T. Bradshaw and on roll call unanimously carried, the Clerk was directed to acknowledge a letter from the Florida ~ower & Light Company regarding limitation of power use bet\~en the hours of 4:00 and 10:00 P.M. during the company's excessive power load season. r- The application of Fred T. I10ran, for permit to build \0 houses forming a residential court surrounding a central park, to be located on Lots 38 to 49 Hofman Addition was then sUbmi tted. The Building Inspecto:C' said these houses irere permiss ible in half of the block, which was zoned for local bus iness, but that the 0 ther half was zoned for apart- ments, and the t''])e of construction rec]uested would not be alloi'.ed. Many ci tj.zens in the audience registered very definite objection to trailer camps, tourist cottages, or cottage court" anywhere within the Ci ty, it being their con- tention that such a type of living accor~ations lOirered the standard of the town and the class of citizens who are 1434 COUNCIL CHAr-ffiER - March 25, 1940 attracted to it. Among those addressing the Council to this effect were Mr. 'V.B. Ewing, A. Allen 3pencer,'.l.;r. Enright, A.]~. Bond, Uiss Galvin, Mrs. Saxton, J,rr. Jodis chek, Chas. Boughton and others. It 'ras further "l\J.,l,1;g8sted that the City proceed to take in sufficient surrounQ';'l7erritory to obviate the possibility of this type of construction enc~oaching on our City limits. Mr. HofmFm stated he had owned the property for years and "',as unable to sell it for anythinG else and could not see where an up-to-date cottage court, such'las was being conteI'1)lated, woulil be a detrj.ment to the City. After consiclerable (liBcussion it 'Nas finally moved by Mr. Hill that t'le permit be re jected. Mr. Miller" seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Mr. Miller yes. 'J.he motion carried. The Building Inspector asked that the Council pass definite legislation in regard to tourist camps, cottage courts &c. so that he might have something to guide him in the future when such applic ations are presented 1l!o his office. It was accordingly moved by Mr. Miller t'lat the City Attorney be authorized to prepare an or~inance pro hi- bi ting tourist camps or trailer camps anywhere within the Ci ty. Mr. Crego seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, ),II'. Crego yes, Mr. ,,\ Hill yes, Mr. ;racobs yes, Mr. Miller yes. The motion carrie~. City Engineer's roport and assessment roll, totalling $7,500.82, covering cost of Group 1 of the Harvel Contract, was submi tterl and examined by the Council, and it was moved byMr. Crego that the report and assessment roll be approved and same be placed on file in the City Clerk's Office; and that the assessment roll be ai1vertised each ireek for two con- secut ive ire el,s, together with notice to the effect tha t sa id assessment roll has been duly examined and approved and that the City Council will sit to hear objections thereto on the 22nd day of April, 1940. Mr. Miller seconded the motion, and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Hr. J"acobs yes, III'. Miller yes. The motion carried. Mr. Crego r,'cor-mended that'll1 ordinance be drawn to prohibit peddling of any kin'! wi thin the City limits, stating t'1at he was opposed to the granting of a :;P50.00 license permitting the peddling of vegetables and produce of the farm, as he consi!'!ered it unfair competition with :rep:ularly e s ta blished mer chant s in town. As further c om- plaants hac! been made ".ha t Carl Carlson was still peddling bakery pro~ucts, it was moved by Mr. Crego that his license be revoked and money refunded him therefor. COUNCIL CHAHBER - March 25th, 1940 1435 .. Upon recormnendl'ltion of the Chairman of the Parks Committee it was moved by Mr. Hill that an expen"iture of $6.00 or ~7.00 be authorized to cover cost of patching soft balls, the purohase of an inflater for the balls and the painting of a shuffleboard court for the children's play- ground. Mr. Bradshaw seconded the motion and on roll call ghe vote \ms as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, lIr. Jacobs yes, lrr. Miller yes. 'l'he motion carried. Mr. laller reported that James Lane, Life Guard, wanted the r~onth of April off to go Narth, where he intended to visit various beaches, and he recommended tl-Jat the boy be allowed to do this as he had another boy, Charles Clark, who could satisfactorily fill the position during ;rames Lane's absence. It was accordingly moved by Mr. Crego that Mr. Miller's recommendation be approved and the requested leave of absence be granted. Mr. Hill seconded tl-Je motion and on roll call the vote was as follo\~: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Mr. Miller yes. The lIDtion carried. ( Upon recommendation of the Chairman of the Parks Committee, it was regularly moved, seconded and carried that the City install another i~ter spigot at the tennis courts. The Clerk brought up the matter of appraising new buildings for the 1940 assessment roll, and it Vias moved by, Mr. Hill that Roy Diggans be appointed to make appraisals on said new building;:;. Mr. Bradshaw seconded t'he motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Mr. Miller yes. The motion carr ied. It \~s moved by Mr. Miller, seconded by Mr. Crego, and on roll call unanimously carried, that bills numbered e363 to 5404, having been O.K'd by the Finanoe Committee be returned to the CounciD and ordered paid. < It was ree;ularly moved, seconded and carried that Council adjourn. ~~ vJ. ~1hM/O C ty lerk / APPROVED: ~ )