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04-22-40 Regular The minutes of the last regu;Lar meeting of Jcpril ath were read, am: bymotionregl11ll1'ly made, seoonded aDd oarried, l11I1ended to shOW that no ob je ottons.. had been made to the assessment roll, tOllalling '2.511~97 levied tor streetlll1:p~ments made by~1 Br&thers OD .l~ Group :3 oft'he1roontraot, as ord131'"Sd and advertised in spec181 :rmpi"ovementResolutionNo.. 516 and that the . Counoil had thsreuponeppT0V8dSs:idassesS:lIlllnt 1'01],. With this oorreotion, tbe minutl!ls were, by motion regularly made, seoonded and oarried, approved as read. By mo'tlon regularly made, seconded and carried the City Cler!c ~s instructed: to 1'ElJlly to a letter receiTed from Jlirs. A.P. Liebig regarding a palm tree moved frOlll the Qleason Street right-of....Wlly whiohshe m:l:sta!cenly be- lieved was looated: on her propeTty. 'JIhe Clerk sulmitted to the Oounoil the folilow.- ing right-of..way deed f1"CIIl Zook]!lalm NUl'series, :Ene., given to permit the moving and reconstruction of the Atlantio Avenue Sidewalk, between tha Canal and Gleason Street. COUNCIL CHAMBER April 22, 1940 , The "'ounei1 met in regu1ar session at 7150 P.M. wi th the City' At torney and a1;L DlEIIl bers of t he Council present. . r " The N. B feet of Blo~ 141, 149 & 157 exoept the E. 121.2 t thereof, as pel' plat reoorded in Plat Book 1, page 25, or the Publio land reoords ot Palm Beach Oounty. The tleed, ~ioh had been drawn by the city Attorney, was toun in order aDd it was therefore moved by Mr. Hill that ss: be aoeepted and plaoed on reoord. Mr. crego seoonded the motion which on roll oall, oarried unanimously. Aoommunieation was read from the Delrey Beaoh Public Library Assooiation, requesting the City to dis- burse to said organization $492.58, which funds had been derived from the sale of City Property, designated as a library site, and which had, by motion ot a previous Counoil, been ordered allooated to a Z.ib~ary FUDiI to be used a1l suoh time as a 'ohartered library sllcu3.d be organized. 144a. 1. 4:4~ COUNCIL CHAMBER - April 22, 1940 \ Mr.. Turpin and Mrs. L. C.Hand addressed the members in be half ot 'the Libnry, stating that the money was needed for books and other supplies and it would be appreo-, iated if the requested l11I1ount. as a whole or in part could be paid at this time. ~t ~s suggested that it be paid in partial pa-yments or mon.thiy installmems Bnd tinally Mr. Miller moved that the mattEl!' be referred to the Fin- anoe Oommittee for recommendat!,on back to the Council at its next meeting. Mr. Hill seoonded the motion and on roll call the vote was as folloWs 1 Mr. Bradshawyes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The mot~on oarried. " ( " 4pp11oation was submitted for speoial buiJ.diDg permit 'to allow Erskine Parks ,to enlarge his business blook by extending it North f1:f'ty feet, the tull width ot his property, to be used tor laundry and dry Cleaning purposes. 'i i Bsther.than . ohange the zoning trom A~artllllln't House District to Businass, it wasmeved by JIr. orego that special permit be granted to allow ths requested business extension providing ob jeotionable features ~. heretofore oompUined ot. will be eliminated by the improvement of the building as outlined. Mr. Bradshaw seoonded the motion and on roll call the vote was as follows I Mr. Bradshaw yes, 141'. crego yes, Mr. JU1~S, Mr. Jacobs yes. Mr. Miller yea. The motion oarried.) Special permit No. 162, was requested by S.H. Allen to shingle a 14 x 18 room addition to his house 1n Blo.ck '70. Inasmuch as the main residenoe was wood-shingled, it was reoGlllllllllnded by the Building Inspeotor that the request be allowed, whereupon it was moved by Mr. Hill that the!' permit be granted. Mr. Miller said he did not feel justified in gnnting such permission., inaamuch as shingled roofs had been refused on o'ther neighboring houses .JIr. Bradshaw seoonded the motion, stating the appearance ot the house would be rained by having 't_ difterent types ot roof on it. On roll oal1 the vote was as tolil.ows: Mr.. Bradshaw yes, Mr. crego yes, Mr. Hill yes, Mr. 'Jacobs yes, Mr. Miller not voting. The motion was deolared oarried. . / / A petition was reoeived, signed by sixteen Beaoh resideMs, asking that the Zoning Ordinance be alllllnded so that all property, looated between the Canel and the Ocean Boulevard, and betweSJl lists DelMar and the North Oity 11mi ts (including m'ooka 145, 153 and 161) be classified as Residence "Aft Distriot, and that no Club, public Museum, Art Gallery, aOJlimunity Center Building, Sohool or Lib1'llry be permitted within said area. lit was aocording;Ly moved by 'Mr. crego that the request be grante~",. . and the ordinance be so amended.. Mr. Rill seconaed tbe,.f",,,,,, motion aDd on roll call the vote' was as tolloWs: Mr. '{, l. ~ , ~ I \. " r ( , ~ 1446 COUNOIL CHAMBER - April 22, 1940 .X;- I ,) Bradshaw yes, Mr. Crego yea, Mr. Hill yes, Mr. Jaoobs yes Mr. Miller yes. The motion carried. A lengthY oommunioation:f'rom the Florida East Ooast Rail'l'lll:ywas read, asking the Oity Counoil's approval of automatioallY controlled gates at the Atlantio Avenue orossing, and refleotorbuttontype signals at the B.E. .tl1, B.E. 8th, S.,E. and andS.E. lOth Street crosslngs. 'rhe members discussed this proposal stat ing that the auto~ matio control gate did notoomplywtth the type requested by the Council at its oonference with ra il1'Oad represent.. aU ves. It was therefore moved by Mr. Crego tha t the City Clerk write the Railroad Cojpanystating that tbe Counoil had never agreed to anything but manually controUed gates and demanded that these be installed as agreed upon. 111". Hill seconded the motion and on roll call the vote was as follows I Mr, BradshaW yes, JIr. crego yes. JIt'.8111 yes, JIlo. laoobs yes,llr.li111er yes. The motion carried. ! amen Eassa appeared at the meeting with a o_~ plaint regarding tax settlement allowed him on adjoining lots in Bloak 58, one of which was settled for $10.65 and the other at .14.67. The Finanoe Carmn1 ttee agre ed to look lnto Mr. Simon's complaint and advise him further. Grover Baker addressed the Counoil with re1'erenoe to paving the alley through the oenter of m.ock 74, stat~ ing that all but five of the abutting property owners had requested that bB do this work rather than have it con- traoted for by the City,. since in this way they would be saved legal and advertising costs usually amounting to around l~. Atter discussion it was deoided to delay the publioation of this paving resolution thus allo'ld.ng 1Ir. Baker time to contaot the remaining five property owners in an endeavor to reach an agPeement with them', so that the usual legal procedUl'e and advertising might be dispensed with. tiss Dorothea Gelvin again requested aation or the Counoil in having the Andrews Street widening com" pleted, and it ll&S agreed to have the work done within the next ninety days. The Mayor instructed the Street Committee to proceed at the very earliest possible date to have this work done. BidS were reoeived for Bodily Ia\1ury and Property Damage Liability insurance on the City'S 9 trucka, 2 tire engines, 1 automobile and 1 motorcyole, as follows: Amer ioan Fire & Casual ty Co. R.G. Bostwiok, Agt. . . 591.00 Amerioan Surety ComPany of IlewYork L.J. NiChols, Agt. 581.37 :1447 COUNOIL O~ER - April 22, 1940 J , ItWBs moved by:Mr. Crego that the low bidder, viz. American Surety Ccmpany, be accepted. ,Jr. Bradshaw se oonded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yell"Mr. Hil'l YeB, Mr. Jacobs yea, Mr. Miller yes. The'mo'tion oarried. Application from VIm. K. Van Kleek and Joseph R. Kenyon, 11'., was receiv~d', asking tor lioeDse'to operate a "staurant in the cottage on Seventh-Avenue, reoentJLy moved to the rear of the newPr~sidential Building. B~ce tbe building in 'question is :lI.hated in the General Business Zone, the Clerk 'W8S authorized to write applicant advising,that the license would be granted upon re quest. - , \; .~ , . { ... A c<:IlIDIunloation trom tha Oitizens Advisor., Oommittee was read inwhioh a detail'ed list of coments aDd suggestions were made to the Council regarding various city problems. It was moved by Iir.Bradsbaw that the OOlUloil goon reoordas acceptl1igsaidooDDDunioat ion and the Clerk be authorized to reply to Sl11l18 expressing to the committee, the Oouncil's appreciation tor its interest aD3. for the valued suggestions outlined in the Qommittee.s letter. Mr. Crego seoondedthe motion aDd on roll oa11, the vote was 'as fo1101lS: f . Mr. Bradshaw yes, Mr. crego yas :Mr. Hill yes, Mr. Jaoobs yes, 14r. Miller yea. The motion carried. . BT motion regularly made, seoonded and carried the tollowtngordinance was plaoed on itsseoond reading: ORD1NANOE 55S AN ORDINANCE OF THE OITY OF DELRAY BEMlH, 1!'l.ORIDA, REGULATING THE ISSUANCE OJ!' PEtmI'l'S J!'eR THE MOVING OJ!' HOUSl!5, BUILDINGS Am> OTHER STRUOTURl!5. ,\ '. 'I'be ordinance having been read in full, the seoond time, it was moved by Mr. Bradshaw that, it be adopted on its seomd reading and final passage. Mr. Hill seconded the motion and on roll call the vote 'was as foll01lS1 )fr. Bradshaw yes, ]11'. Crego yes, 1lr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion carried. Call was made tor objections to the assessment roll levied for Group 1 ot.tha street Dnprovelllllnt 'W&rk advertised in special IiIlprovsment Resolution No. 316 and there being no objections tbere'to, and no one appear.... ing at this meeting to object to said assessmant roll. it was moved, seoonded and carried that the tollowing ordinanoe be p1aoed on its tirst reading: r 1 I ~ ;;..ll 1.<i.q~ COUNClIL CHA1!BER - April 22, 1940 ORDINANCE HO. 354 AN ORDlNANCE CONFlRMING AND EQ,uALIZING ABSESsmNTS FOR STREET REPAIBB ON N.E. NlNTH STREE'l', N.E. TENTH STREET, N.E. ELEVEN'M STREET, N.E. TWELF'lH STREET AND .N.E. THIRTEEN'm STREET, DEI.lI. PARK SUBDIVISION, AND LEVYING SPECIAL ABSESS.. MI!lN'J!S AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL IMPROVEMEN'lB; PROVIDING THE METHOD S AID SPECIAL ASSESSMEN'l'S SHALL BE MADE; THE 'l'!ME WHEN THE SAME SHALL BEOOME PAYABLE; THAT SAID ASSESSMEN'!'B TO BE LEVIED SHALL BEA LIEN FROM THE DATE OF THE ASSESSMEN"r UPON THE RESPECTIVE LOTS DESCRIBED IN' SAID ASSESSMENT ROLL AND SET FORTH HEREIN; THE MANNER IN WHI<H SAID ASSESS- :MENTS ARE TO BE COLLEC'l'ED AND PRoVII>mG FOR THE ISSUANCE OF SPECIAL CERTIFICATES OF . INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST THE ASSESSABLE PROPERTY, AND PRO.. V'IDlNG THAT THE CITY MAY TRANSFER AND DE- LIVER A PORTION OF SAID CERTIFICATES Ol!' INDEBTEDNESS TO THE CONTRACTOR IN PAYMENT OF SAlD SPEOIAL IMPROVEMEN'l'S. '!'he o:l'\Unsnoe having been read in tull, it ,..as IllOved b,. JIfr. Bradshaw, se oonded by Mr. Crego and. 011 roll call unanimously carried, that it be passed on its first reading. By motion regularly made, seconded and oarried the tollowing ordinance was also plaoed on its first reading: ORDINANCE 110. 355 AN ORDINANCE CONFIEUING AND EQ,UALIZING ASSESS... ~s FOR STREET REPAI1lB ON S.E. SECOND STJIEE'1', :mOM F.E.C. RAILWAY TO S.E. THIRD AVERUJ!l, ON .u.LEY NORTH OF ATLANTIC AVENUE, FROM N.E. FIFTH AvmuJS TO N.E. SIXTH AVEl'tuJS, AND ON N.E. SECOND AVENUE, FRCN N.E. EIGHTH STREET TO N.E. THIRTEEN'l'H STREET, DEI.lI. PARK ADDITION, AND LEVYING SPECIAL ASSESSMEN'l'S AS SHOWN BY THE ASBESSMEN'l' ROLL FOR SAlD SPECIAL IMPR€lVE- MENTS I PROVIDING THE METHOD SAID SPECIAL ASSESSmm'S SHALL BE MADE; THE TIME WRlN THE SAME SHALL BECOME PAYABLE; THAT SAID ASSESSMENTS TO BE LEVIED SHALL BE A LDm FROM THE DATE OF THE ASSESSMENT UPON 'l!lE RESPECTIVE LOTS DESCRIBED IN SAID ASSESSJlEN'r ROLL AND SET FORTH HEREm; THE MANNER I1i WHIOH SAID ASSESSMENTS ARE TO HE COLLE(lftD AND PROVIDING FOR THE ISSUANCE OF SPl!l~ 1449 COUNCIL CHIlMBER - April 22, 1940 CERTIFIOATES OF INDEBTEDNESS FOR THE AMOUNT SO ASSESSED AGAINST TEE ASSESSABLE PROPERTY. AND PROVIDING THAT 'I'm: CITY MAY TRANSFER AND DELIVER A PORTION OF SAID CERTIFIOATES OF INDEBTEDNESS TO THE CONTRACTOR IN P A'YMENT OF SAID SPE CIAL IMPROVEMENTS. The ordinanoe having been read in full, it was moved by Jrr. Bradshaw, seoonded by Mr. Orego and on roll oall unanimously ell1'ried that it be passed on its first reading. The Clerk brought to the Counoil ts attention a reoommendation of the Plumbing J:nspeotor llhet the oharge for oonna otion to the Lowry Street Sewer line be raised, This change was oons idered too low compared to costs for sewer servioe in other parts of the town, and after dis- cussion it was movedbY' lfto. Hill that the maUer be re. ferred to the Sanitary Committee to make recommendation baok to the Council at its next meeting. Mr. Bradshaw seoonded the motion whioh oarried unanimously on roll 0811. The Chairman ot the Street Oommittee stated he had conferred with B.F. sundy and John Adams in regard to the proposed extension and improvement of N.W. N1Dth Street, between Swinton and N. ,'I. l"irst Avenue and as a result of same, reco1!lDlendedthat in exchange for right.. of-way deed that the city oil said street, and made a motion that, after procU1'ing deeds to ss:id right.ot-way and after oonstruotion ot the new road by abutting property owners that the City 011 said ncw street at its own expense. Mr. Miller seconded the motion and on roll oall the vote was as follo_: Mr. Bradshaw ",slF . Mr. crego yes, Mr. Hill yes, Mr. Jaoobs yea, Mr. Miller yes. The motion carried. ('lhe Oi ty Attorne y then submitted tbe tollowing ordinan~e to amend oertain sections in the zoning ordinanoe as previously requesi'ed by the Counoil and Building Inspeotor 1 ORDINANCE 356 AN ORDINANCE OF THE OITY COUNOIL OF THE CITY OF DELRAY BEAOH AJ.mNDlNG THE ZONING ORDINANCE OF THE OITY OF DELRAY BEACH. · It was reguJa-rly moved, seconded and oarried tha'll the ordinance be placed on its first reading and after the Oity Attorney had read it, seotion by seotion, it was moved by JIr.MUler that it be passed on its first reading. Mr. Hill seconded the motion and on roll ~ll the vote was as follows: JIIr. Bradshaw yes. JIit'. Crego res j 1.'150 COUNCIL OHAMBER - AprU 22, 1940 lk. Hill yes, Mr. Jacobs yes, lIr. Miller yes. 'l'he motion carried. The Oity Attorney reoommended that members give the ordinanoe some study and oonsideration before it oomes up for final passage. It was regularly moved, se conded and oarried that the following ordinsnce be p1aoed on its :f'1rst reading: OHDIN.ANOE 3S7 AN ORDnl'ANOE OF TIlE CITY' OF DELRAY BEACH, FLORIDA, DESIGNATING CERTAIN ZONES AS ~ DEFINED BY TIlE CITY ZONING OlIDINANCE, AND AUTHORIZING THE CITY ZONING MAP '1'0 BE aO ALTERED AS TO SHOW SUCH CHANGES. ~ 'l'he ordinanoe having been read in full for the .~ first time, it was moved by Ib-. crego that it be p'asaed on its first reading. Mr. Bradshaw seconded the motion and on roll oall the vote was as follOWS'1 lIr. Bradshaw yes, u.r. Crego yea, JIr. Hill y.s, :Mr. Jacobs yes, Mr. Miller yes. The motionoarried.' Mr. Bradshaw reported tllat E.H. MoCarty had agreed to hs:ving Market Street <lut through from Andre\'18 Avenue to the Boulevard and intended to pave his half, viz. the North ten feet of Sl11I18, for the entire distanoe of 528 feet. It was therefore moved by JIr. Bradshaw that when the City lays its water line along said right.. of-way that the knoll be out down to lIlllet the old lIarket Street grade. )fr. Hill seoonded the motion and on roll oall the vote was a~ follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes; Ur. 3aoobs yes, Mr. Miller yea. The motion carried. It was reported by:Mr. Bradshaw that owing to the absenoe of J.L. Brown during the summer, the Golt committee recommended the appointment of Clint Moore, Jr. as a sixth member on its eClllllllittee.It was moved by JIr. Crego tllat the appointment of Clint Moore on said Golt Oommittee be appreved and Ilr. Uller seoonded the motion whioh oarried unanimously on roll call. Mr. Bradshaw recommended that the City take s1leps to establish whatever claim it might have to the alley rumling through the South end of alook 115.' The Oi ty Attorney was asked to Investigateas to the City's rights in the matter and advise what l!ltE!;ps should be taken to retain this alley for publio use. irr. Miller drew theCounoil fS attention to the faot tllat the 1939 oharter amendmen1ls provided for a . 1.4:51 OOUNCn. CH.AMBER - April 28, 1940 white primary, and reoommended that the oounoil take the neoessary steps for the hQlding of suoh primary in next year's eleotions. lIr.NoWlin, one of the members of the oommittee appointed to work out the neoessary preliminaries for such primary agreed to take the matter up with the other members of his committee requesting them to aot. Mr. Miller moved that bills mnnbered 5452 to 5492 having been O.Ktd by the Finance Committee be retul"ned to the Council and ordered paid. Jlr.Crego seconded the motion which carried unanimously. It was regularly moved seoonded and oarried that Oouncil adjourn, APPROVED: ~ ~).~~ Y' ark 4 ft .;0; ~, fl . "i~ ..