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06-10-40 Regular :147l CWHCn CHAMBER J\me 10, 1940 'I the Counoil met in regudar session at 7:30 P.M. with the City At torney and the followinRmembers present: Mr~ BradShew, Mr. Crego, Mr. Jaoobs and -Mr. MUler. Counoilman Hlll arrived during the reading of the minutes. lJy mot ion regularly made, se oonded and oarried the minutes of the regular meeting of May 27th, and the speoial meetings of May 31st and June 6th were approved as read. The following letter from the F. W.P.A. o1'1'ioe :in Vilst Palm Beaoh was submitted and read by the Clerk: Subjeot: Pro?jeot 4418 Beautifioation of Streets Gentleme n: " Under the terms of your proposal No. 14 as filed under date of Ootober 15, 1938, the beautl~ fioation of Parkways along streets was proposed. This work, as started an May 29, 1939 was oompleted under date of May 13, 1940. Vil now have the honor of turning over to you the improvements aooomplished, for use in the purpose intended. It is our desire to at all times oooperate with you in a mutual endeavor to relieve suoh unemploy~ ment as may exist and to at the same time seOlU'e worthwhile and permanent improvements for the oonmunity. That our reoords may be c aopleted we ask that you exeoute and return to us in duplicate, a formal aooeptanoe of this vork; forms for this purpose being enclosed herewith. Very: truly yours, Isl Harry L. Meyers Distriot Manager the No. It was regularly moved, seoonded and oarried that Clerk be authorized to execute and return Form Lette:t' 7, acoepting Beautifioa."tlon Projeot No. 4418. .. ~.., ./ :1476 CroNCIL CHAMBER.. ;rune 10, 1940 " upon reoomnendation of the Building Inspector, llr. Crego moved that Mrs. N.E. Prince bel:l:ranted speoial ' permit to build a7-foot porch on the front of he,r residenoe on S.E. Fi1'st Avenue, vm.ioh stsnds 21. feet baok from sidewalk, instead of the required 25 feet, sald pr'iPerty be lng in "0" Zone. Mr. Miller se oonded Mr. Crego s mot ion which oarr, led unanimously. ,,. A oOlllnunioation was read from W. W. Williamson requesting that the Council take action to provide a hard surfacepsvement on Osceola Blvd., West from Third Street also to clean said street of weeds, growth and debris. as has been done on various other streets in town. Suoh oleanup work had been done by W.P.A. labor lIJr. Orego said and ,it might be possible to include Osceola Street. in some future applioation if the City was suoO'essful ln se ourlng fUrther pro jeots .tt was flnally moved by Mr. Hill that-the oommunication be referred to the Street Commi ttee to investigate and m8ke re oommends t ion back to the Council- at its next regular meeting. :Mr. Bradshaw seoonded the motion, whioh oarried unanimously, on roll oall. A letter vas read from C.Y. Byrd, Attorney for Orlo BUlings, owner by tax deed to ,the N65' of Lot 15. Bleek 67, asking that the Counoil oonsider an offer of $25.00 tor the old C.P. ;Warfield mortgage and note whioh the City holds in its fil as, being part of the paper turned 0 ver to the City by the old De'lray ~h Bank Be Trust Canpany as seour.. ity for its deposits. After disoussion Mr. Crego moved that this communicatlon be turned over to the J!'inano8' Comnittee with power to aot. Mr. Miller seconded the motion, and on roll oall the vote was as follows: Mr. Bradshaw yes. Mr. Crego yes, Mr. Hill yes, Mr. ;racobs yes, Mr. Ml1ler yes. The motion oarried. , " '! \ A conmunication ?laS read from the Chairuan of tha Chambe r of Commeroe, asking the early oons iderat ion by the Counoil of a submi tted ame ljdment to the zoning ordinanoe. Mr. H.V. Pope, the Clumber, s representative also appeared at the meeting and disoussed varioUs angles of the suggested" ord inanoe with the oounoilmen. Members indioated their desire to oooperate with oi tizens on all matters of zoning but expre ssed disapproval of sane of the proposed changes. Mr. Crego suggested that the proposed ordinanoe be lald as ide to be taken up at a speoial meeting oalled for that purpose.. Mr. Pope stated it ?laS desired that aotion be taken as soon as possible and that a referendum eleotion be oalled at an early date to vote on the proposed amendment. v , Mr. Hill moved that the ordinanoe be placed on its first reading and that the Mayor be authori zed to oall a speoial meetmg of the Counoil, in oonjunotion with the Chamber of Commeroe Cammlttee, to thrash out any disorep~ anoies or ohanges desired in the ordinanoe, before final passage. Mr. Crego se oondad the mot ion. , 1477 COUNCIL CHAMBER - JUne 10, 1940 , ~ Mr. Bradshaw stated he would want a provision in the ordinanoe whereby year-round residents oould effect changes, When needed and neoessary, during the months from March to Deoember. Mr. Miller said We would not be disposed to vote for it, as submitted, either on first or se oond reading unless some emergenoy olause was provlded permitting changes to be made during the sumner months, should the need arise. He also objeoted to any oonmittee, outside of the Counoil, oolleoting fees in oonneotion with the operation of the ordinance and said all suoh fees should go into the City Treasury and all expenses in oonneotion there wi th pald by the City rather than any outs ide oonmittee. The Mayor ob jeoted to the appointment of an arohiteot or real estate man on tl1e zoning oommittee. Being in suoh businesses, he said he felt they might not always oooperate to the best interest of the oitizens. He reoommended that the ordinanoe be given more thought and study before passage on first reading, This was also reoommended by the City Attorney who adVised that the ordinanoe be essentlally in its desired and proper form before being plaoed on its first reading. The Building Inspeotor recommended that if an amend... ment is made to the zoning ordinanoe, and passed by refer:- endum vote, that it also inolude minor amendIrents and ohanges neoessary to oorreot various inoonsistenoies whioh he has run aoross in applying the present ordinanoe. He said that by olarlfying the ordinanoe in this vel" it would eliminate the need of oonstant appeal to the zoning oommittee for instruotion. With Mr. Crego's permission Mr. Hill withdrew his motion for passage of the ordinanoe on its first reading, and the Mayor advised that sinoe the Counoil had to meet Wednssday evening at 7 :30 for the purpose of going into the Water 8i tuation, he would call another meeting Thurs- day night at 7:30 to disouss with the Chamber of Conmeroe Committee and interested property owners the suggested zoning aIrendment and to~ake whatever aotion is deemed desirable at that time...! E.H. Soott asked when the sidewalk would be com- ," pleted between the Canal and Gleason Street and was informed" that it was expeoted to be finished within the next three weeks. ~ ~ , . ~. , . .. , r r , ~ A letter from HenryA. Miserooohi was read in whioh he agreed to the opening and pav ing of Watson St"reet, from the Boul evard to a polnt 200 feet Vilst thereof, pro- vided he would be permitted to avail himself of the ten- year installment plan of payment. It was oontended that this work vould be oonsiderably delayed if it ves neoessary, nOllJ, to go through the regular prooedure ,of advertls ing required on lien assessment improvements. but the City :1478 COUNCIL CHAMBER - ;rune 10, 1940 Attorney stated if the Miserooohi Estate was willing to give the City a IlDrtgage on the property, for the improve- ment work, this oould be satisfaotorily worked out, pro- vided title to said property was in satisfaotory oondition, It was aooordingly moved by Mr. Bradshaw that the matter be referred to the City Attorney to make reoommendation baok to the Councll at its next meeting. The Clerk submltted deeds as follows oovering right-of-way for N. W. Ninth Street be tween Swinton Avenue and N. W. First Avenue: Q,.C. Deed Eva 'I'burber to 01 ty of Delray Beaoh ., Fee Simple Deed Dorothy Be B.F. Sundy to .. " " .. These deeds were referred to the City Attorney for approval to see if right-of-way had been properly deeded. It was reported that this new street had been bul1t to City speoifioations and had been aocepted by the Oity Engineer and Superintendent of Publio Works. The Clerk was authorized to pay the City's portion of' the oost of sidewalk reoonstruotion in front of ttie Presidential Building upon approval and aooeptanoe of the work by the City Engineer and Superintendent. Mr. Miller moved the adoption of t he following resolution: ' RESOLU'lTON 364 APPROVING A PROPOSED SERVICE AGREEMENT WITH FLORIDA POWER Be LIGHT OOMPANY PROVIDING THAT SAID OOMPANY SHALL SUPPLY AND THE CITY OF - DEUlAY BEACH, P'LORIDA,SHAL'L REOEIVE AND PAY FOR ALL POWER AND ENERGY REQ.UIRED FOR AND IN CONNECTION ."I'm THE CITY'S GOLF CLUB HOUSE LOCATED AT DELRAY BEACH, FLQllIDA, AND SETl'ING OUT THE TERMS AND CONDTrIONS UNDER WHICH THE FOREGOING SHALL BE EFFECTED: AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERB:, OF AND ON BEHALF OF THE CITY OF DELRAY BE ACH. FLORIDA, TO EXECUTE AND EN.l'ER INTO THE SA In PROPOSED SERVICE AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. (.!mended Pumpi'ng rates on Golf Club) Mr.. HUl se (londed the motion, ~ioh on roll oall. oarrled unanimously. By motion regularly made, seoonded and oarrled, RESOLUTION 367, authorizing delivery of improvement oertificates, was adopted. 1.479 .COUNCIL CHAMBER - June 10, 1940 It was moved by Mr. Hill that the City Clark be aut~orized to canoel bonds purohased reoentlywith Sinking "Fund moneys, viz: Refundlng Bands numbered 29 to 34 inolusive, 53,54,50" 147 to 160 inolusive, 185,186 and 749 to 763 inolusive, in the amount of $20,000.00 Mr. MUler seconded the motion whioh oarrie d unanimously on roll oall. , Oouncilman Bradshaw reported that H.J". Sterling ha~equested a fifty-flfty proposition fran the City far the reoOIlS truotlon of tha sidewalk in front of his property on Atlantio Avenue, being Lots 2 and 3, mock 85, WBst of the Railroad. It was stated that this sidewalk, as well as that in front of the Rista Hotel was in ~~: bad ,0 ondi tion and Should be re built. It was aooord " 'T mved by Counoilman Miller that Mr. . Bradshaw be authorized to make a proposition to both Mr. Sterling and to Mr. Britton for reoonstruction,aooording to City speolfioations_ of the Atlantio Avenue sidewalk, abutting on thelr proper- ties, at a prioe not to exoeed 20 oents, for City tel pay half the oost and to get the flagstone removed from these locations. Mr. Hill seoonded the motion, whioh oarried unanimously on roll oall. Call was made for objeotions to the proposed improve.. ment ani paving of the alley in Blook 74, and no one appear.. ing to objeot thereto, it was moved, seoonded and oarried that the work be prooeeded with, as authorized and advertised under Resolution 361. Mayor Jacobs reported tha t Railroad offioials had oalled to see him and wanted to oome before the Counoil" to again.take up the matter of orossing gates. In this oonneotion, it was moved by Mr. Hill that the Clerk be dir.. eoted to write advising the F.E.C. Company that the City of Delray Beaoh demands manually oontrolle~ates at the Atlantio Avenue orosslng, and will oonside~nothing else, Mr. Crego seoonded th,e motion and on roll oall the vote was as followa: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes, The motion oarried. It was moved by Mr. Crego, seconded by Mr., Miller, ani on roll oall unanimously oarried, that bills numbered 5610 to 5657, having been approved by the Finanoe Committee. be . returned to the Counoil and ordered paid. It was regularly moved, seoonded and carried that Counoil adjourn to meet again ~'ildnesday, June 12th at 7:30 P.M. ~~t;J~~k~ ~.~ JIa