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07-12-37 Regular 733 ...-.... '" com~CIL CHAMBER ~ . July 12, 1937 The Council met in regular session at 7:30 P.M. with the following members present: Mr. Barton, Mr. Gwynn, Mr. Hill and Mr. Wodischek. The Mayor and Councilman Genton were absent. The minutes of the Illgetings of June 28th and July 5th were approved as read. A communication fXom Raymond S. Yeomans, President of Zook Palm Nur serie s, Inc. was read, in which he protested against the proposed grading and paving of Gleason 8:treet, where it abuts on the Zook properties. The letter further stated that :Mr. Zook misunderstood the petition which he Signed asking for such construct ion, thinking it was merely a request for an estimate on such work. He stated the Company_ could not afford such street construction at this time, which it was estimated would cost them around $6,472.38. A long discussion ensued as a result of this commun- ioa tion, it be ing stated by Mr. Carr that approximately 40% of the one mile r:igh t-of-way in que stion was re presented by the Nursery, and that about 70% of the ergineering for said work had been completed, specifications drawn, and bids called for. Clint Moore had cleared the property at a cost of approximately $100.00, the engineering would run around $600.00 it was estimated, and the City had incurred an additional bi 11 of ::laoo .00 for the moving of trees at' f the proposed right-of-way by Mike Blank, which involved a total e::pense, to date, of about $850.00. Asked if his Corpor- ation was willing to assUllB this eX"Jense, 1&. Zook replied that his Company had no money whatever for this purpose. Mr. CroDler also asked what action should be taken in regard to the ril9'1t-of-way already deeded, in the event :the Gleason Street program is withdrawn. It was finally moved by Mr. Barton, that defini te action in this matter be deferred until ne::t regular mee ting. IVIr. Wodischek seconded tl:Je motion, which carried unanimously. , , PrlllOf of publication was furnished the Council show- ing that resolution No. 189, together with proper notice and certificate had been published in the Delray Beach News, a newsp:tper publisl:ed in tl:Je City in its ise,ues of July 2nd and July 9th, shomng the City's intent ion t<5 improve and pave Seabreeze Avenue. ..... 734 CODNCIL CHAMBER - July l2, 1937 ., No one appeared personally before the Council to object or give any reason why said Seabreeze Avenue should not be ililj)ruved and paved in accordance with the resolution adopted by the City Council and published as shown in said proof of l)ublication, and it was therefore regularly moved, seconded and carried that b ids be called for on this work, to be opened a t the next regular meeting of the Council. The Clerk having reoorted till t no bids for the Beach fill and paving work had been received, it was regularly moved, seconded and carried that the Clerk re-advertise for bids, and include in sane tJ:e requested Seabreeze Aven1le3 paving, and that specii'ications be prepared so that the work nay be bid on, in part, or as a whole. Mr. Wodischek stated there was SODle difference of opinion by property owners as to the desirability 0 f header curb construction, and the City Egnineer informed him that it was his recommen- dation that tJ:e IRving be constructed with header curb, which he considered was necessc,ry, but that bids could be called for on the fill, and on the road separately, TIith or without curb, if the Council SJ desired. 1IT. R.C. McNeil then addressed the Council stating th at his subdi v is ion, Vista Del :Mar, had been damaged by reason of the grade estalllished on Andrews Street. This he said was higher th an the grade 0 f Avenida Grande, which street had been approved by a previous Council. He also sta ted, that if Gleason Street was paved, as contemplated, it would affect Nassau Park in the saDle way, and demanded that the City do something about the drainage in these sub- divisions, otherwise he would attempt to stop further construotion of the se streets by the City. Howard Cromer stated he had talked this over with Mr. McNeil personally, also communicated with other property owners in Nassau Park Sub division, and believed these part ie s would be satisfied if the City would raise the elevations of Jo Jo Avenue and Avenida Grande so as to conform with Andrews and Gleason Streets, when construoted, and he said further tha t Mr. McNeil had agreed to give the 17 feet requested for Andrews Street Right-of-Way, if' the City would do this. This work wuld cost a-proximately $250.00 on Jo Jo Avenue and $375.00 on Avenida Grande, aocording to estimate of Geo. W. Carr. It was therefore recommended by the Council that this , work be included in the Er):gineerts plms and specifications for the Andrews, lDwry, Gleason streets and Seabreeze Avenue construction, and that said specifications be prepared so that optional bids may be submitted on any nart, or on all of the ~ollawing construction. Fill work only, on Andrews, lDwry, Gleason & Seabreeze Avenue 735 COUNCIL CHAMBER - July 12, 1937 Paving and Header Curb. on aba.e streets, also including therein the construction necessary in raising level of Avenida Grande and Jo Jo Avenues to conform wi th the grade s 0 f Andrews and Gleason Streets, resj:8ctively. By motion regularly made, seconded and carried, the following notice was authorized to be published, asking for sealed bids for the construction of said work, said no ti ce being as follows: NOTICE TO CON.TRACTORS FOR STREET PAVING DELRAY BEACH, FLORIDA. BIDS: JULY 26, 1937 Sealed p ro1)Osals will be rece ived by the City Clerk of the City of Delra y Beach, Florida, un til twelve o'clock noon, July 26, 1937, and will be publicly oj;:ensd and read at eight o'clock P.M. at regular Council Meeting on the same date, for filling, paving and Grading Andrews Street, Lowry Street, Gleason Street and Seabreeze Avenue, accord- ing to plans and specifications on file with the City Clerk at the City Ball in Delray Beach, Fla. Approximate total quantities are as follows: 4.93 Acres Clearing and Grubbing Cubic Yards Constructing Dykes " " Filling and Grading .. " Fine Grading Lit!. F'Il. Concrete He~der Sq. Yds. Paving " " Surface Trea tment 5789 38166 4789 13056 14440 14440 Plans and specifica tions are on file with the Ci ty Clerk and with the City Engineer, Geo. W. Carr, in West Palm Beach, Fla., and may be obtained from the City Clerk upon payllE nt of a deposito f ~5. 00 which will be returned if the plans and specifications are returned in good order within thirty days after the receipt of bids. The City reserves tl:Je right to reject any and all proposals. ~ 0 (;J f'AFlAA<r Mae . Cra'!lp City Clerk , ~ Geo. W. Carr City Engineer 736 CODNCIL CB.AMB:r?R - July 12, 1937 . " A letrer was read from Delray Beach News offering to supply copies of the City Charter, printed in booklet "form, with index, for a prioe of $80.00 for 250 copies or $90.00 for 500 copies, and it was moved by Mr. Gwynn that the City purchase 500 copies of saDle. Other IOOmbers of the Council did not consider tre City required that many copies, and the motion was lost for want of a second. Mr. Samuel Ogren, in behalf of the Kiwanis Club, addressed tl:Je Council, stating his organization had appoin tee a Committee to cooperate with the City Council in estab- lishing a workable building code and zoning ordinance / and asked tb:at a committee from the Council be re-appointed to work out details of the se ordinances which were pre- pared a couple of years ago, but which had never finally been adopted. He said a zoning ordinance was imperative at this time, he felt, by reason of the new building, which would inevitably be constructed East of tl:Je Canal wl:Jen the filling of the lowlands and tl:Je construction of new streets in that district is completed. He also recomnended that streets be numbered uni:lllli:'mly throughout the City, doing away with the former names of streets, as they exist on the beach and certain subdivisions in the City. He s2id his Committee, consisting of L.W. Cook, R.C. MoNeil, John Thieme and himself, as Chairman, Viould gladly cooper- ate with anyone the Council might designate. In this connection, the President of the Council appointed 1&. Barton, Ch airman 0 f the Parks Committee and J.K. Gwynn, Chairmsn of the Street Committee to work with 1&. Ogren and hi s Committee on this Bo ard. Mr. John Adams representing his clients, E.M. Wilson and Paul Rehr, asked abandonIOOnt of the alley runnling North and South between Lots 3,4, and 5 Block A-I and lots 1,2 and 16 Block 1 as dedlica ted on duly recorded plat of Lakeview Heights Subdivision. As it was shown that the alley in Question affected no one but Mr. Wilson and Mr. Rehr, and letters had been received from C.N. Johnson and W.E. Barto, prol:erty owners on the North and South of said alley, agreeing to said abandonment, it was accordingly moved by Mr. ITodischek that the ~'ollowing resolution be adopted: A REi30LUTIOn :gy mE CITY COr,'1MIS:3ION OFl'lili CITY OF D"LRAY BEACH, DT REGULAR SESSIOF SITTIFG, AB.d.lJDCJJIITG CERTAIN ALL8YS ,'iITHI1T SIJD CITY. . iT.HEREAS, That certain alley my lying between Lots one (l), two (2) and sixteen (l6) in Block one (1) of lake View He ights, a sub div isi on of Delray Be aCh, Florida, snd lying between Lots three (3), four (4) and five (5) of Block l-A of Lake View He ights, a 737 COUNCIL CR,U,ffiER - July l?, 1937 subdivision of Delray Beach, Florida, according to the nla t of said sub division on file in the '.)ffice of the Clerk of the Circuit Court in and for Pa~n Beach County, Florida, and recorded in Flat Book 4 at page 67, has never been used by the public, and the consent to close sallE having first been had by the adjoining prcperty owners, NOW, T'"dER3FORE, DE IT ReSOLVED, By the au thori ty aforesaid that said alle'-my be abandonee! for use as an alley-my by the pnblic and that same is hereby released to the acljoining property owners and aband- one d fur use a c a pub lic s tree t or alley. Mr. Gwynn seconded the motion for ado2.ltion which carr:led una nimo usl y. TJ:e Clerk then presented and read the following or dina llCe: AN ORDINANCE 0--' TIE CITY JF DEU,AY B3A.CH, IN PALM _ BEACH COUYITY, FLORID!l., AMENillN'G THE OCCu,cATIONAL LICENSE ORillNAlTCE OF THE CITY; AND ALSO MODIFYING, Al\'D J\!JE1\'DING AN ORDHTJI.1JCE CR?..A TING A COMMISSION ON PLUMBING A~m EIJWTRIC.l\.LiIRING; AND :2TXTNG THE LICENSE FEE TO BE CEARGED PER::DNS, FIl,,-'VIS OR COR- PORATIONS EtTGAGED AS nmmING cormACTORS IN THE BUSINES,S OF INSTALLING, ALTERING OR REPAmnm PLm.m- mG FI::cr'URicS;' PIPES AND A~'~ LIANCES; AND PROVIDING FOR PEPJiII'IB TO :s:r IS;1U~;D :C'LUMBING CONTHACTORS FOR A JOUDFEY-MAN TO 'CiORI: U,'D:ILR SAID COlTI'P.i\.CTORS' LICENSE; Alm l'ILSCRIBING 'f.HE CON'DITIONS Uf{)N rlIrrCH SAID LICENSES AND I-'E?J.IITS SHALL BE ISSUED lJTD nXING A l:"ENALTY FOR TlJE VIOLATION TI-illR30F. !.' The Chairman explained that the ordinance Vias now up fur final passage and if any of the plum';ers present had any remarks or recoTIu'londa tions to make in regard to sane, the Council would gJa dly discuss it wi th them. Arguments were presented for and ag;.inst tre proposed ordinance, vihich raised the license for contracting plumbe!l?s from ,:)l5.00 to ,}lW.OO for the :first year and $50.00 tor future renewals of said license. Mr. Elliot t of tre local firm known as Delray Plumbing and Speci al ty Company urge d its passage, bu t Geo. Pinckne y, O. D. Burns and J. W. Roadh contended such an or'_linance would work a hardship on the citizens who w::mld ultimately have to bear the ex- pense of the higher Hcense fee. Fred Scott protested against such a hi~ li cense being Charged for the Seacrest Hotel's maintenance man. After further discussion pro and con, in which sentiment seemed to be agpinst the pass- age of tJ:e ordinance, it vias moved by Mr. Wodiscllek that further action in the ms:t tel" be deferred. Mr. Barton 738 com;rCIL CHAMBER - July 12, 1937 seconded the motion, and on roll call the vote was as follows: Mr. Barton yes, Mr. Gwynn no, Mr. Wodischek yes. The motion carried. The Electrical Contracting Ordinance was al so tabled; .....~. A le tter from A. C. Mittendorf was read to the Council further referring to the City's refinancing plsn.s, and it was suggested by the City Attorney that the Council appoint an advisory committee, composed of citizens from every section and faction in inwn, to study the Bondfi- holders propoS3.l and confer with the Council in working out a counter-propoS3.l for debt refunding. In this way it was considered all interests would be represented and a plm agreeable to all would be more readily worked out. It was accordingly moved by Mr. Barton, seconded by Mr. Wodischek, and unanimously carried, that the Chair- man appoint such a committee, composed of ten ci tizens to be known as The Delray Beach Citizens Refunding Com- mittee. Members of said committee were appointed as follows: E.B. Foote, Chairman B.F. Sundy Dr. J.L. Love Leslie Brown John Berg John Adams E .IiI. Wilson LeRoy E. DigeJIns O. Helland Wm. J. Walker It was moved by :Mr. Barton, seconded by Mr. Wodis- chek and unanimously carried that the following resolution be ado pted. RESOLUTION 185 ORDINANCE BOOK 4 A RESOLUTION OF THE CITY COmTCIL OF THE CITY OF DEmAY BEACH, FLORIDA, APPOINTING GEORGE W. CARR, CITY ENGINEER FOR CERTAIN STREET WORK. Mr. Wodischek revived tl:Je matter of printing the City Charter, stating he believed the City should have copies on hand for distribution ullOn request, and moved that a quantity of 250 be purchased at the quoted price of $80.00. Mr. Earton seconded the motion, which carried unanimously. It was regularly moved, seconded and oarried tha~ Council adjourn. ~~ fL fj tACA-1Mf ity Clerk ~ .