06-05-61SpMtg JUNE 5, 1961.
A special meeting of the City Council of Delray Beach was held
in the Council Chambers at 9~0.0 A.M., with Mayor George V. Warren in
.the Chair, Cit~ Manager George Mingle and Councilmen A1 C. Avery,
Dugal G. Campbell, Glenn Bo Sundy and John A. Thayer being present.
Mayor Warren called the meeting to order announcing that s, ame had
been scheduled for the purpose of discussion with the Planning/Zoning
Board concerning the proposed development of Blook 73 ~nd for any
~er business which m. ight come before the meeting.
Mayor Warren read the following letter written by City Manager
~.ingle to Mr. A. Zuppa, Regional Engineer, U. S. Post Office Depart-
~ent, dated June
"This is to inform you that the 'City Council met today with
the undersigned, at an unofficial meeting, for the purpose
of discussion concerning location of your proposed building
to accommodate the Post Office facilities and unanimously
agreed that said improvement could be located in the general
area comprising Lots 22, 23 and PJ~ in Block 73 subject to
set-back of ten (10) feet from the east property line and
thirty-five (35) feet from the north property line with a
drive-way over the south twenty (20) feet of the referred
to 35 foot set-back to extend westerly from N. E. 2nd Avenue
along the north side of the building to a parking area in
the rear of said proposed building.
"It was further tentatively agreed that a wall should be
provided 15 feet south 'of the north property line and
along the north line of the hereinabove referred to 20 foot
drive-waY to the west line of said Block 73, thence southerly
to a point'due west of the south line of the proposed build-
ing, thence easterly to the southwest corner of said building.
"AS mentioned herein, this Council determination was unofficial,
however, a 'Special Meeting~ of the City Council was' directed
to be provided for 9:00 A.M., Monday, June' 5th, 1961, at which
meeting it appears to be the intent of the Council to provide
its approval for the above mentioned pe~mit."
Mayor Warren eXPlained that the iow bid for building the Post
Office had been determined and that it could be built in the center
of BlOCk 73 facing N.. E. 2nd ~venue but some of those that have the
interest of the. city at heart ~el that it is better to rezone the
Northeast cO~ner of the Block permitting the Post 'Office to be built
there with the 35' set-back on N. E. 4th Street; facing the' building
South and'where there would be not less than thirty-six parking
spaces provided; als° to grant permissive use for the parking of
Post'Office equipment and personnel in the NOrthwest corner of said
block a,~d t~at there would be no access to .it from 4th Street or
1st AvenUe. for approcimately 1%0 feet and then East to the SoUthwest
corner of. the' PoS~ Office building'
There was general discussion regarding the rezoning of the entire
Block 73 ,and of the public hearing concerning same.
There was also length2 ,discussi-on concerning the possibility of
the loading facilities of the Post Office being eXPosed 'to N. E. 2nd
AvenUe if' 'it Was built in the center of the block and also 'the possi-
bilits, of' the, Northeast corner of the block being rezoned at a later
date Which may 'permit the buildi.ng, of a 'filling .station or· Something
as objectionable at that time.
It was pointed out that the Post Office is to be Built on N. E.
~nd Avenue and'that the.. Post Office Department is concerned only with
their facility fo~ handl~ng'mall, and: as for Parking only with the
parking, of their own e~uipment; the2 "a~e not concerned with-off
street Parking for the public nor traffic control as they feel ~hat
is the concern of :the eitS~ al~o if 'the Post Office building is
buil~ 'in ~he' center of thebloc~k the Parkir~ and traffic condition
will: be as bad as now,,,~,~xists at the present locati°n of the Post
Office building but ~'%he Northeast corner of the block is 'rezoned
~O~TE ~, 1961.
for the building of the Post Office and the Northwest corner
permitted for parking of the Post Office equipment, the owner
of the property will provide at h~s own expense thirty-six off
street parking spaces for public use.
During lengthy discussion and cceaments by the Councilmen and the
audience it was made known that the Council has the right to take it
upon themselves to rezone any property at any time when they consider
it to be an emergency or for the good of the City.
Mr. Bill George said he wanted to go on record that this is a
wedge, because no Post Office pay~ any landlord or any builder of a
piece of property enough, for my money, for any net return, and that
the Post Office could break this lease, could move out within one
year but would continue to pay the rent.
Mr. James Sinks, Vice Chairman of the Planning Board stated th~.t
he felt there would be further requests for rezoning of Block 73 and
that is the reason that the Planning Board asked Mr. Haggart for ~.
plan of the entire use of the block in order to prevent a bad devel~
opment of the block. M~. Sinks further stated that wiih the plan
for development of the block, Mr. Harrart had agreed to certain
limitations for the use of buildings in that area, these limitations
being given in consideration of the residents living in that area.
City Clerk Worthing informed the Council that it was in order
for them to request and direct that any ordinance or instrument be
prepared to provide for and reflect the determination of the Council
as a~rived at this morning.
Mr. Sundy then moved to refer this item to the Planning Board for
immediate action, the motion being seconded by Mr. Thayer. Upon call
of roll Mr. Sundy and Mr. Thayer voted in favor of the motion, Mr.
Avery, ~. Campbell and Mayor Warren being opposed. The motion did
not carry.
Mr. Campbell moved to instruct the City Manager to have the
ordinance drawn to permit the following: "The rezoning of Lots 22,
23 and P}j, Block 73 to permit the erection of the Post Office,
further that we abandon the alley running North and South in that
block, that we rezone the property now covered by the alley to the
commercial use, C-2 use; further that we instruct the City Manager
to employ an attorney to draw this chmnge, that included in this will
be an agreement between the City and Mr. Haggart as owner of the
property that he will develope the N. E. corner of Block 73 as a
Post Office facility with the understanding that we will give per-
missive use of the North l~Ot, or less, for the permissive use for
the parking of the Post Office equipment and the employees cars
within an enclosed, fenced in, not less than 6t fence, that that
will be for the exclusive use of the Post Office and Post Office
employees equipment, the entry way to be only to the East on 2nd
Avenue North of the proposed Post Office which will be set at a spot
not less than 35' from the present R/W that in turn he will give to
the city without cost the 15' of hi.s property adjoining the present
R/W for the widening of 4th ~treet, that he will erect a fence run-
ning as far East as is permitted by the ordinance that regulates the
safety factors of corner vision; that he will erect a fence accept-
able to the Planning Board and to the Council, running North and
South at the West side of tb~ present existing alleyway, that there
will be-no breaks in that fence, that it will completely shut off
all vision to the East from the 1st Avenue property owners and that
the easement will be given covering the present alleyway property
for all needed facilities, public utilities, etc., and that he will
agree to the restrictive use under C-2 that has been discussed and
are as follows:
,I further agree that when developed pursuant to the plan
attached I will not permit any of the following C-2 uses
in the block:
Automobile sales rooms with customary service department.
Automobile repair and servicing garage.
Wholesale bakeries.
No residential development, boarding or rooming houses.
Bowling alleys, pool and billiard halls, skating rinks and
similar establishments.
Bus terminals.
Commercial green houses.
Mortician, funeral chapel.
Public garage.
Retail farm implement and tool store.
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. 95
J~,~E ~, 19~$i.
"Second hand ca~ lot.
Warehouses.
Walled Storage.
No business that will be objectionable because of odors,
noises, fumes, smoke, gases or vibrations, t
Also that there will be provided, without cost to the city, and
maintained for the lifetime of the cc~tract with the Post Office,
whether it be 15 years or extended to the 5 and 5 years, parking
facility for not less than thirty-six cars directly to the South of
the Post Office building in three or more tiers of twelve or less
perking spaces facing North, parked North and South on the facility."
The motion was seconded by Mr. Avery.
Mr. Sundy questioned about the public using the space provided
for the Post Office employees and equipment West of the Post office
building.
Following discussion, Mr. Campbell asked to include in his motion
that the space referred to as the Post Office yard, approximately
150' by 120, be used only for Post office equipment and Post Office
use. Mr. Avery stated that he thought it ambiguous to include thi~
in the motion that had been made and.seconded and did not include
it in his second.
Mm. Sundy further questioned giving permissive use to such a
large area and then not let the public use it for parking.
Planning Board Vice Chairman Sinks questioned the abandonment of
the entire North and Bouth alley in said Block 73 in that if apartments
were to be built in the West half of that block there would be no ser-
vice at the rear; also that the residents across 1st Avenue to the
West might prefer to have the original plan of Mr. Haggart,s rather
than SO have 50 'apartments there with no service to the rear.
FOllowing £~rther discussion, Mayor Warren suggested that the
Planning Board call .a meeting to pursue this further and to get it
all down in black and white; 'with the assistance from an attorney and
t~en meet with the COuncil again this week in order to have the ordi-
nance 'properly drawn for presentation at"the council meeting next
Monday night.~,
~r. Schmidt stated that it was the opinion of the people on N. E.
1st Avenue that .the West~slide of Block 73 would remain residential and
that the loading facilities for ~the ~Post Office would be south of the
Post Office Building. '
Upo~~ call of roll, Mr. Avery; ~. Campbell, Mr. Thayer and Mayor
Warren voted in favor of the motion, Mr.~Sundy being opposed.
Concerning the parking of the Post office equipment, Mr. Worthing
questioned the possibility of granting permissive use in view of the
fact that the zoning ordinance dictates that any parking spaces serving
commercial ~Uses must~ be located in the same or lower zoned area as that
of the~ principal use, and that it might be well to consider the re-
zoning of~ Lots 1, ~2 & 3, Block 73 ~to permit such parking.
Mr. Campbell then moved that the motion Just passed as to Block
73, having in mind to permit the parking on the Southeast corner of
1st AVenue and 4th Street, we would like to bring that about if possi-
ble by permissive use but if it cannot be done in that way it would be
the intent of the cour~il to rezone that ~150~ so that it might be .made
possible. The motion was seconded by Mr. Avery and upon call ef roll
~ir. Avery, Mr. Campbell, Mr. Thayer ~and Mayor Warren voted in favor of
the motion, ~. 8undy being opposed.
Mr. Campbell stated that the Council west on record recently that
they wanted the swimming pools kept open seven days a week and brought
t° the attention of the City Manager that last Monday and again today
th~ pool at the beach was not open, and moved that the party at fault
be taken sorely to task by the Council-th~oUgh the City 'Manager.
City Manager Mingle reported that following the directive of the
Council a communication went to the department head under whose charge
the swimming pools are operated, and that he had a communication from'
that department listing ~the summer 'schedule of the swimming ~pools a~d
tha't to keep the Teen Town Pool open on Mondays w~uld necessitate the
payment of two life guards and a clerk for that day and the pool would
have to be ~cleaned at night.
City Manager Mingle further reported concerning the East Side
Pool that if it is open on' Monday from 10:00 A,M. to 5:~00 P,.M. and
from ?:00 P.M. to 10:00 P.M. would ~neCessitate'payment for one lille
guard and one clerk for that day; 'also that since this pooI~is
equipped to be vacuum cleaned that it must be drained which Would
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require approximately four hours. Following the draining it would
take approximately two hours for cleaning and approximately fourteen
hours for refilling, taking a minimum of twenty hours to clean this
pool; also if the pool is not cleaned weekly accumulation of alga
sediment, etc. will form and the bacteria quantity and the chemical
quality of the water will be affected and this might lead to a
problem with health authorities. City Manager Mingle stated that
if it is the desire of the Council to'follow specifically their
recommendation of keeping the pool open and not follow the necessi-
ties which appear in the Recreational Director's memorandum, that
is what their management would do, however that it was his thought
after receiving the Council directive and following it up with the
Director of Recreation, and sin~e this obstacle came about as re-
ported, that there might be some evaluation or acme studies made
as to the proper procedure of operating that pool, but as Council _
has directed this morning they want it specifically done as outlined
and that will be done starting immediately.
During discussion it was suggested that the Council direct the
City Manager to report at the next meeting what necessary funds etc.
would be required to keep the pools open seven days a week.
Mr. Campbell informed the Council that he had two complaints
yesterday from people operating restaurants on the beach of a mobile
coffee and sandwich unit operating in that area and that it is his
understanding that the beach was given to the city and there would
be no commercial use on the beach or on the east side of th~ road
adjoining it. ~. Avery asked that the City Manager be insbructed
to investigate this matter and give the Council a report on same.
Upon question, City Clerk Wo~thing stated that in this matter he
knew of no wiolation but at such time as a City Attorney is provided
he would go into it completely with the Attorney in order to give a
further answer.
Mayor Warren asked if there was any business in town permitted to
conduct a bingo game, whether it was free or otherwise, and was in-
formed by City Clerk Worthing that he didn't believe there would be
found anything in the ordinances of Delray Beach that would indicate
a violation of any city law were a bingo game being conducted with
nothing at stake. Mr. Worthing also informed Mayor Warren that a
legal opinion could be obtained when a City Attorney is provided.
The meeting adjourned at 10:40 A.M.
City Clerk
APPROVED: