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07-08-40 Regular , ."~"." ...'....... .H.:.",._. >,' .'.. \'. . \1"1. " I .: I i: 1 '.il i . t,,-.:, 'I l"t""' ' . f i::"::_ 1'4> II ,. . .... ~J.~:~::;~'i. j .. '\ \ , 14:90 COUNCIL CHAMBER J'uly 8, 1940 The Council met in wi th the city At torney and present. regular session at 7:~ E..M. all members of the Council By motion regularly made, seoonded andcarried the minutes of the regular meeting of JUne 24th were approved as read. Application from H.C. Lane, for position of motoroyc1e policeman was reoeived, read, and by motion of.Mr. Miller seconded by Mr. Hill and unanimously ol!lrried, ordered fUed until such time as the City decides to employ an extra po1ioe officer. The following petition was received and read: City Council Delray Beach, Fla. Gentlemen: We, the owners of the new Presidential build- ing and the Patio De1ray on Atlantic Ave., hereby respectfully ask that that side of At1antio Ave., running from S.E. 7th Ave. to Palm Square, be widened to the sidewalk in order to provide nec- essary parking spaoe for these business establish- ments during the winter months, identioa1 to the parking space in front of the Boyd Building. In order to increase this proposed spaoe, we also ask that the second and fourth palm trees, counting from 7th Ave. to Palm Square, be removed. Respeotful1y yours, Is1 Clara R. Dennis !s! W. F. Dennis /s/ H.J'. Ostro , The proposal was dis oussed, some of the members be ing favorable to the removal of the trees; others, being opposed to this, stated there were too few trees in the town and suoh beautifioation was desirable. It was finally moved by Mr. Miller that Counoi1 defer aotion and the request be filed for further oonsideration at next meeting. Mr. Crego seoonded the motion whioh oarried unanimously. 14:91 COUNCIL CHAMBER - July 8, 1940 A letter was read from Mrs. Graoe E. Sparks, in whioh she offered to sell her five aore traot West of the oemetery, to the City, for a prioe of $50.00. The members stated this property was too low to be of any use to the City for oemetery purposes and the oom- munioation was ordered filed. The Clerk was direoted to advise Mrs. Sparks to this effeot. A letter from the City Engineer was submitted and read in whioh he stated it was highly improbable that the City would be able to obtain any W.P.A. projeot for the oonstruotion of sidewalks in oolored town; therefore he submitted the following itemized estimate Showing what it would cost the City to oonstruot an eight foot sidewalk along one side of one City block, running North and South. 1200 Lin Ft Headers 60 au Yds rook Labor grading Labor finishing $ 42.00 120.00 50.00 25 . 00 $237.00 ..,. He further reoommended, as a means of partially refund- ing the City for cost of such construotion that liens be issued as outlined in Section 162 of the City Charter. His letter stated there was suffioient rook on hend to construot one b1ook, requiring an immediate oash outlay of only $117.00. He reoommended'that the fill removed in suoh oonstruotion work be deposited on Gleason Street. In disoussing the reoommendation it was deemed advisable to make the walk five feet in width instead of eight, thus allowing for the future widening of the street. It was aooordingly moved by Mr. Bradshaw that the City Engineer's reoommendations be approved and that a five-foot sidewalk be construoted on the East s ide of N. W. Fifth Avenue, extending from At1antio Avenue to N.W. First Street. Mr. Hill seoonded the motion and on roll oa11 the vote was as fo110wa: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion carried. It was aocord- ingly moved by Mr. Miller that the following resolution be adopted: , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING THE CON- STRUCTION OF A SIDEWALK IN BLOCK 28 OF THE CITY OF DELRAY BEACH, FLORIDA, ON NORTHWEST FIFTH AVENUE. RESOLUTION NO. 366 . . '.j'''' '~':lt'~..... COUNCIL CHAMBER - J'uly 8, 1940 Mr. Crego seoonded the motion for adoption and on roll oal1 the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion oarried. The City Engineer reported that the sidewalk in front of the Crawford Property, Lot 8 At1antio Palm Nursery, had settled from one to four inches and there- fore did not meet:. the elevation of the new sidewalk being oonstruoted for the City, by Grover Baker. He asked the Counoi1's advioe in regard to raiSing the Crawford stretoh of sidewalk to meet the new elevation. Beoause of the possibility of further settlement, it was deemed inadvisable to go t~ the expense of raising or building up the level of the Crawford walk at this time. To remedy the existing oondition, it was moved by Mr. Crego that approximately twenty feet of the West end of the Crawford walk be raised at a gradual slope to meet the level of the new walk now being oonstructed. Mr. Hill seconded the motion and on roll call the vote was as follows: Mr. Bradshaw,yes, Mr. Crego yes, Mr. Hill yes, Mr. Jaoobs yes, Mr. Miller yes. The motion oarried. .r Henry Baroh appeared at the meeting asking spe cia1 permiss ion to construct a business bu 11 ding directly on the front line of Lot 11 mock 99, instead of allowing the 10-foot setbaok required by the ordin- anoe. The building inspeotor did not recommend such speoia1 permission, and it was moved by Mr. Bradshaw that the speoia1 permit be not granted. Mr. Hill seconded the motion and on roll oa11 the vote was as follows: Mr. Bradshaw yes, Mr. Crego no, Mr. Hill yes, Mr. Jaoobs~es, Mr. Miller yes. The motion oarried. a.E. Rugg asked speoia1 permission in the matter of building permit as follows: That he be permitted to erect a garage on Lot 27 and the South 15 feet of Lot 26 Seabreeze park, before construction of the main residence, suoh garage to be used to house his superintendent while employed on the ereotion of the house. Also pe~ssion to encroaoh 9 inches on the 25% side-ya~~fequirement, said lot being 75 feet wide, 75% of which is 56.26 feet, whereas his floor plan measured 57 feet. After disoussion it was moved by Mr. HU1 that the Zoning ordinance be adhered to am permiss ion be not granted for construction of t he garage prior to the main building. Mr. BradShaW seoonded the motion, Which on roll call carried unanimously. 14:93 COUNCIL CHAMBER - July 8, 1940 It was moved by Mr. Bradshaw that speoia1 permission be granted Mr. Rugg for the nine inch eno~oaoh- ment on side yard requirements, whioh concession was sanctioned by the building inspeotor. Mr. Miller seoonded the motion, which on roll call, carried unanimously. Bids were submitted by A.T. Smock and R.I. Mao- Laren for lettering Foy Shiver's three produce trucks with Delray publicity signs. After discussion, it was moved by Mr. Crego that these bids be filed for future cons ideration. Mr. Bradshaw seconded the motion, which carried unanimously, on roll call. ' City Engineer's report and assessment roll, totaling $1,338.92 covering oost of grading and paving alley through Block 74, was submitted and examined, and it was moved by Mr. BradshaW that same be :p1aoed on file in the City Clerk's office; Bnd that it be adver- tised Baoh week for two consecutive weeks, together with notice to the effeot that said assessment roll has been duly examined and approved by the City Counoil and that the City Council will sit to hear objections thereto on the 12th day of August 1940. Mr. Hill seconded" the motion and on roll oa11 the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. It was regularly moved, seconded and carried that the following ordinance be p1aoed on its second reading: ORDINANCE 365 '. AN ORDINANCE OF THE CITY OF DELRAY BEACH, IN PALM BEACH COUNTY, FLORIDA, PRESCRIBING AND SETTING FORTH RULES AND REGULATIONS FOR THE FILING AND DISPOSITION OF APPLICATION FOR SPECIAL PERMITS AND FOR RE~CLASSIFICATION UNDER ZONING ORDINANCE OF PROPERTY LOCATED WITHIN THE: CITY OF DELRAY BEACH, FLORIDA, AND REPEALIN~G ALL ORDINANCES, OR PARTS OF ORDIN- ANCES, OFAl1 AS THE SAME ARE IN CONFLICT HERE'NITH . , The ordinance~aVing been placed on its second reading, it was moved by Mr. Miller that it be adopted on its second reading and :final passage. Mr. H111 seconded the motion and on roll call the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs no, Mr. Miller yes. The motion oarried. Pursuant to the passage of the ordinance, it was moved by Mr. Miller that a special election be oal1ed for August 6th to vote on the arioption of said ordinanoe 365. 14:94 COUNCIL CHAMBER - J'u1y 8, 1940 Mr. Crego seoonded the motion, which on roll call, oarried unanimously. Mr.' Crego brought up the matter of sidewalk repair on the South side of the Seacrest, running West from the hotel entrance. lie said it was dangerous to pedestrians, and made a motion that the City Engineer make a profile of same to submit at next Counoi1 meet- ing, so that members may determine the best way to remedy the condition. Mr. Miller seoonded the motion which on roll call, carried unanimously. Councilman Miller recommended the installation of two ventl1ators upstairs in the City Hall building at a bid prioe of $42.50. Counoi1man Bradshaw moved that Mr. Miller's recommendation be oarried out and these ventilators be installed. Mr. Crego seoonded the motion, which oarried unanimously. It was further moved by Mr. Miller that the City Clerk be authorized to purchase two awnings for the two downstairs front windows. Mr. Crego seconded the motion, which oarried unanimously on roll oall. Mr. Miller said the pavilion would have to be painted before the Winter season, and it was aocord- ing1y moved by Mr. Bradshaw that bids be oa1led for, for the painting of the pavilion East of the Boulevard, according to specifioations to be SUpplied by the City Engineer, the City reserving the right to rejeot any or all bids. Mr. Crego seconded the motion, and on roll oa11 the vote was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hill yes, Mr. Jacobs yes, Mr. Miller yes. The motion carried. Counoi1man Miller suggested that two flOOdlights be installed at the swimming pool at An approximate oost of $100.00 the electrical work to be done by John Gregory. He felt this would encourage night bat*ng and stimulate interest in the pool. Mr. BradShaw was fraid there would be objection from adjoining resid nts ann hotel patrons and recommended that the propOSition be looked into a little further before acting on the suggestion. It was moved by Mr. Miller that bills numbered 5709 to 5759 having been approved by the Finanoe Cmmmittee be returned to the Council and ordered paid. By motion regularly made, seoonded and oarried, Counoi1 adjourned. , APPROVED: ~ _~a~ Mayor . ~yo.(2. rA~~. ty C ark :1495 COUNCIL CHAMBER July 8, 1940 The Counoi1 met at 10~00 P.M. immediately after Counoi1 meeting, as a Board of adjustment, with all members present. > The matter of adjustment of taxes and improvement liens outstanding against Lots 2,3,4,11 and 12 B100k 83 was taken up. A letter was read from E.N. Andrews, in which he stated that these lots had been aoquired by him from the State, under the impression that they were deeded free and olear of all munioip.a1 liens but that sinoe the Court had ruled that City liens were valid he would turn the property baok to the State un- .1ess the City could make a substantial adjustment of such liens, on a basis which would warrant his carrying the property for another five years, at 1mich time he hoped to be able to find some good use for the lots, which were of no value at the Dresent time. For taxes and liens amounting to $2,016.32, ino1uding the ourrent year 1939, he offered a oash settlement of $145.00. After disoussion, in whioh it was stated that this property was not desirable, and would probably not be redeemed or taken over by anyone else, it was moved by Mr. Miller that the City accept Mr. Andrew's offer, in settlement of delinquent taxes and liens. Mr. Hill seconded the motion, which on roll call oarried unanimously. Meeting regularly adjourned. <. , '. Su~,Q~~ y erk APPROVED: -~- 14:96 COUNCIL CHAMBER JUly 8, 1940 The Council met at 9:00 A.M., pursuant to duly published notice, and in accardance with the ordinances and Charter of the City, as a Board of Equalization, with the following members present: Mr. Bradshaw, Mr. Crego, Mr. Hill and Mr. Jacobs. Mr. Miller was absent. The following property owners inspected the assess- ment roll, and enquired as to valuations placed on their various properties, Mr. J. M. Sabath, Alex Simon, A. Simon Eassa, Ben Adams, Mrs. Tenbrook, Adolf Hofman, C. T. Eaton, E. P. Soherer and others. ( Mr. Sabath requested an adjustment on a valuation of $5,044. assessed against (the S100' of the N 200' of Et of Lot 12, Section 8) alleging that his house was over-valued, compared to neighboring residences of similar oonstruction. It was agreed to refer this to the Tax Appraiser for re-appraisa1 and adjustment. A. Simon Eassa asked that valuations be reduced on all his properties, as follows, stating the income there- from did not warrant his paying the amount of taxes assessed against them. ~ B100k 110 Lot 14 B100k 10 The N 150' of, less a 50' lot. All his property located in B100k 22 Block 30 Lots 1, 2, 3 B10 ck 32 Lot 35 , \ Alex Simon oomplained that his assessment of $7,123. was too high compared to ~. L. Love's adjoining business property in Block 93. He also considered his So. Federal Highway lot valued too high. The Board agreed to investi- gate these and advise him as to final decision. Mrs. Elizabeth Tenbrook appeared before the Board, aSking a reduction in assessment placed on her business property in Block 77, also B100k 64, which is vaoant non-revenue producing property. Mr. Adolf Hofman asked for some consideration in the assessment on his North Federal highway property, stating that the prevailing zoning ordinance prevented him from finding sale or use for it. , 14:97 COUNCIL CHAMBER JUly 8, 1940 C. T. Eaton ob jected to the valuations placed on the Kentucky House properties, Block 12~, whi ch values had been raised more than 50% over 1939. It was pointed out that the valuation was fair and equitable compared with other surrounding property; that he retofore it had been under-assessed and the 1940 valuation was deemed fair and equi table. No action was taken on any of the complaints, it being agreed to look into eaoh individual oase and make recommendations at a later meeting of the Board When all members are present and inform complainants as to the Board's deoisions in the various instanoes. All complainants having been heard, and there being no other property oVllllers present asking consideration, it was regularly moved, seconded and carried that Council adjourn. The Board adjourned at 12:00 noon, to meet again the following day. ~cLL~A)'Ct~ city Clerk APPROVED: Qt:J~