12-12-60 DECEMBER IYth, 1960.
A regulam meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in
the Chair, City Manager George Mingle, City Attorney Richard F.
Zimmerman and CounciLmen Dugal G. Campbell, Charles H. Harbison and
George V. Warren being present·
An opening prayer was delivered by Councilman Charles H.
Harbison.
On motion by Mr. Campbell, seconded by Mr. Warren and unani-
mously carried the minutes of the regular meeting of December 5th,
1960 and special meetings of December 8th and December 9th, 1960
were approved as submitted.
As a result of Mrs. Robert McLaughlin's request to pave, at her
expense, a 25-foot right-of-way south of her property at 24-26 Marine
Way, the Council on December 5th gwanted her permission to pave s~id
right-of-way, at her own expense, according to the specifications oi'
the City and under the supervision of the Engineering Dep~mtment~
Mrs. McLaughlin informed the Council that it ~ould be too great
expense to pave said right-of-way to meet the city street specif'~.~
cations. After lengthy discussion Mr. Warren moved that the
sod the tight'of''way in question. The motion was seconded by Mr.
Campbell and carried unanimously.
Mr. Lewis D. Manning, Post Commander of the Milton-Myers Post
No. 65, presented a request which was read by the City Manager as
follows:
"Milton-Myers Post No. 65 The American Legion of Delray Beach.
requests permission to run a Carnival; the dates are Jan. ]5-
19- 20- 21-22. Wednesday thru Sunday inclusive.
"The place will be South end of the American Legion, Little
League Ball Field, 700 Block on S. E. 2nd Avenue bordered
by 8th Street and the F.E.C. Railroad·
"The Miller Amusement Enterprises Corp. of Pompano Beach,
Florida will handle the CarniVal.
"This Carnival will benefit the Community of Delray Beach
as well as help the American Legion.
"Kindly advise us if the permission will be granted."
Mm. Manning informed the Council that there is another proposed
location is being considered, it being the Haggart property on
2nd Avenue between 3rd and 4th Streets, and also if the request is
granted that the payment of a license fee be waived. Following
discussion it was moved by Mr. Campbell to grant permission to the
American Legion to hold the Carnival, that it clear through the City
Manager as to the location, and the usual insurance coverage be
furnished; also that a bond be posted to assure leaving the gro~,.nds
in the condition that they were found and that the license fee be
waived· The motion was seconded by Mr. Harbison and carried unani-
mously ·
City Manager Mingle read the following reports from the archi-
tects concerning construction progress on the New City Hall and
Community Center Buildings.
"Re: New City Hall·
"Pursuant to yours of December 6th, concerning the
progress of the above project, please be advised of the
following: all structural walls and roofs are installed,
heating and AC ducts 90% complete, electric wiring 60%
complete, terrazzo floors installed except lobby, all rough
plumbing complete, roofer to start Dec. 16th, tile to start
12-.-12-60
DECEMBER 12th, 1960.
Dec. 17th, windows are being installed, interior partitions
started December 8th, and stucco will be started December 16th.
"The project is 65% complete and is in good shape considering
the following delay: 10 days waiting for grading and struc-
tural fill for footings,~ days on filling north wing for slab,
3 days Donna Hurricane,5~ days rain, and 6 days delay on twin
tees delivery. The latter is the responsibility of the
contractor.
/s/ Kenneth Jacobson"
"Re: Delray Beach Community Center Progress Report.
'~s requested in your letter of December 6, 1960, the
following Progress Report on the reference building is
submitted:
"l~November: Through splendid cooperation of the Public
Works Department, the structural fill for the building
began to arrive for compaction.
"23 November: Structural Fill stabilization was completed
and soil bearing tests taken.
"25 November: Batter boards were set and the building laid out.
"26 November: Footing trenches were dug for the forms.
"28 November thru 1 December: Footing forms and reinforcing
steel were placed in preparation of concrete pour.
"2 December: Concrete footings were poured.
"5 December through 9 December: Foundation walls were
laid, foundation colums poured.
"By Friday, 9 December, one-third of the rough plumbing
will be installed.
She above information indicates that good progress is being
made with no apparent delays.
"During the weeks of 12 December and 19 December preparations
will be made for the concrete floor slab.
"In the interim, final selection on tile, terrazzo, wood
stains are being made.
/s/ Roy M. Simon"
It was moved by Mr. Campbell, seconded by Mr. Warren and unanimously
carried that these two reports be accepted and made a part of the
permanent file of the City.
City Manager Mingle read the following memorandum from Police
Chief Croft, dated December ~th:
"This memorandum is being submitted to. request consideration
for an appropriation of approximately $2,400. from unappro-
priated surplus for the purchase of a 1961 Harley-Davtdeon
motorcycle, model #74, police equipped.
"This motorcycle is necessary to replace the 1957 motorcycle
which was completely demolished in the accident on North
~winton Avenue on October 6, 1960. I have been advised that
the Harley-Davidson Company will only allow $175. for this
wrecked equipment. However, it may be possible to secure
a higher price through public sale.
'~our prompt consideration of this request will be greatly
appreciated."
City Manager Mingle stated that it would be advisable for the City
to ask for invitation for a price on the wrecked motorcycle and if
more than $175.00 can be obtained that way, to take it; otherwise
use the equipment as a trade in. The City Nanager recommended that
$2,400.00 be appropriated from unappropriated surplus to replace
2 12-12-60
the wrecked motorcycle and any difference between the $2,400.00 and
the cost of replacement would go back into the surplus fund, it being
moved by M~. Harbison, seconded by Mr. W~rren and unanimously carried
that the request be g~anted on that basis.
City Manager Mingle made the following report regarding the
beach picnic areas:
"In regards to the Councilts request to study the north and
south beach picnic areas, the following action has been taken:
"The wooden tables and benches located in each area have been
relocated to a suitable area in the City Park.
"The rope lines designating the picnic area boundaries have
been relocated causing a reduction in area on the south end
of the beaoh.from 325 feet t0..96, feet, or a change of. 229
feet and a reduction in area on the north end of the beach
from 308 feet to ll9 feet, or a change of 189 feet.
"~hls coming Monday (today) a crane and crew will be
available to install an additional cement table and
benches at each of these areas. This will provide 2
fireplaces and 3 tables and benches for each area."
It was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously
carried that the report be received and the action taken, confirm, ed.
City Manager Mingle read the following memorandum from Mark
Fleming, City Engineer, dated December 9th:
"Subject: Drainage at Lani Kal
"More than a yea~ ago, the City Council entered into some dis-
cussion with Mr. Roy Calamia with regard to the drainage for
the cooperative village known as Lani Kal. It was agreed that
the water from the subject area would be piped westward to a
point in the right-of-way of Gleason Street, and since the
quantity of water, in question, would be far too large to allow
to ~flow out into the public street, it would then have to b~
carried south in a pipe of suitable size and connected into the
outfall line running west on Shulson Street.
"Mr. Calamia now states that the Council agreed that the
piping and appurtenances to carry the water from where it
leaves Lani Kal to the Shulson Street outfall would be done
at city expense. I have no recollection, or record, of such
an agreement.
"The estimated cost of the necessary drainage facilities to
carry the water down Gleason Street from Lani Kai to the
Shulson Street outfall is $3,470.
'"Although the entire area now known as Lani Kal has been
assessed for storm drainage in the last few years, the
easterly half of this area originally drained toward Ocean
half was
Boulevard, and only approximately the westerly __
supposed to have drained into the outfall on Shu~ml~n Street.
Since the drainage for the entire area has been diverted to
Gleason Street, at Mr. Calamia's request, thus overloading
the facilities provided at this location, it would seem
logical that the additional expense estimated above would
be borne by M~. Calamia, rather than by the general taxpayer."
It was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously
ca~ried that this matter be referred to the City Attorney and City
Manager for further study and a report at the next meeting.
Mr. Campbell moved that the proposed sewerage disposal system
have further study and that a meeting be set up with the Engineers
and Mr. McCreedy and M~. Cook, that ways and means may be studied
on the whole deal. The motion was seconded by Mr. Warren and carried
unanimous ly.
3 12-12-60
DECEMBER 12th, 1960.
City Manager Mingle read the following communication from the
Delray Beach Chamber of Commerce~ dated December 6th and signed by
Ken Ellingsworth, Manage~.
"Pursuant to the request of the City Council I wish to advise
you of tentative plans for moving the Chamber of ComA~erce
building to Lot 17, Block 101.
December ?th.....requ&st bids from local contractors.
December 16th....approve suitable bid.
~anuary 15th, 1961....Job completion date.
Hcpe that these dates meet with your approval and with
best personal regards, I am."
It was moved by Mr. Harbison, seconded by Mr. Campbell and unanimously
carried that the report from the Chamber of Commerce be accepted and
acknowledged.
M~. Campbell then moved that the City Attorney be instructed to
draw a lease with the Chamber of Commerce for a period of one year
at a rental of one dollar per year with a release clause based on a
sixty day term whereby either they or the City might step out from
under the lease$ with the usual insurance clauses, etC., and with an
option to renew on a year by year basis with a sixty day notice. The
motion was seconded by Mr. Warren and unanimously carried.
City Clerk Worthing read RESOLUTION NO. 1301.
A RESOLUTION OF THE CITY C OUNC IL OF
THE CITY OF DELRAY BEACH, FLORIDA,
REQUIRING PLANS, SPECIFICATIONS AND
ESTIMATE OF COST TO OPEN, GRADE AND
PAVE THAT PART 0F SOUTHWEST THIRD
AVENUE LYING BETWEEN SOUTHWEST FIRST
AND SECOND STREETS.
WHEREAS, the City Council of the City of Delray Beach,~ Florida,
may deem it to be necessary for the safety and convenience of the
public to open, grade and pave that part of Southwest Third Avenue
lying between Southwest First and Second Streets to a width of
twenty-four (24) feet, the City of Del~ay Beach, Palm Beach County,
Florida, to share in the cost of such improvement with the owners
of lands abutting thereon;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Palm Beach County, Florida as follows:
SECTION 1. That the City Manager be required to submit plans,
specifications and an estimate of the cost of such improvement to
be made, and that the same shall be placed on file in the office
of the City Manager.
PASSED AND ADOPTED by the City Council of the Ci~ty of Delray
Beach, Florida on this the 12th day of December, 1960.
It was moved by Mr. Warren, seconded by Mr. Harbison and unanimously
carried to adopt Resolution No. 1301.
City Clerk Worthing read RES~CIb~ION NO. 1302.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ORDERING
THE OPENING, GRADING AND PAVING OF THAT
PART OF SOUTHWEST THIRD AVENUE LYING BE-
TWEEN SOUTHWEST FIRST AND SECOND STREETS.
WHERe, the City Council of the City of Delray Beach, Florida,
did, on the 12th day of December, 1960, adopt Resolution No. 1301
ordering the City Manager to prepare plans and specifications, to-
gether with estimate of cost of opening, grading and paving of that
part of Southwest Third Avenue lying between Southwest First and
Second Streets to a width of twenty-four (24) feet, and requiring
said plans, specifications and estimate of cost of such improvement
to be placed on file in the office of the City Manager, and
4 12-1 -6o
DECEMBER 12th, 1960 ~.~.~i
WHEREAS, the City Council deems it to be necessary for the
safety and convenience of the public to open, grade and pave said
street,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the following
described improvement, to-wit;
To Open, Grade and Pave that part of
Southwest Third Avenue lying between
Southwest First and Second Streets to
a width of twenty-four (2~) feet, the
total cost, as estimated, for such im-
provement being $3,500.00.
BE IT FURTHER RESOLVED that the entire cost of such improvement
shall be shared by the City of Delray Beach, Florida, and the follow-
ing described properties in Delray Beach, Palm Beach County, Florida,
on a basis of the City of Delray Beach paying twenty (20) per cent of
the cost of said improvement and the abutting property owners, said
properties shown below, paying eighty (80) per cent of said total cost.
BLOCK .LOT ~DESCRIPTION
S of 38 8
of 38 9
of 38 12
S~ of 38 13
38 S 150' of N 306' of E 133.1'
38 S 50' of N 156' of E 133.1'
38 N 106' of E 133.1'
46 1, 2, 3 and 4.
46 5
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against all
the parcels of lands as set forth above which are specially benefited,
shall be and remain liens superior in dignity to all other liens, ex-
cept liens for taxes, until paid, from the date of the assessment
upon the respective lots and parcels of land assessed, and which she. ll
bear interest at the rate of eight (8) per cent per annum, and which
may be paid in three (3) equal yearly installments with accrued in-
terest on all deferred payments. Payment shall be made at the same
place that taxes payable to the City of Delray Beach, Florida, are
paid, namely the office of the City Tax Collector, and upon failure
of any property owner to pay the annual installment due, or any
annual interest upon deferred payments, the City of Delray Beach may
bring necessary legal proceedings by a Bill in Chancery to enforce
payment thereof with all accrued interest, together with all legal
costs incurred, including a reasonable attorney's fee. The total
amount of any lien may be paid in full at any time with interest from
the date of assessment.
IT IS ORDERED that the City Council shall sit at the City Hall
in the City of Delray Beach, Florida, at 8:00 P.M. on the 27th day of
December, 1960, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of D~lray.
Beach, Florida, on this the 12th day of December, 1960.
It was moved by MA~. Campbell that the Council meeting of December
26th be set for the 27th and the meeting of January 2nd, 1961 be set
for January 3rd, due to the fact that they are on legal.holidays.
The motion was seconded by Mr. Warren and carried unanimously.
Mr. Harbison then moved that Resolution No. 1302 be adopted.
The motion was seconded by Mr. Warren and carried unanimously.
5 12-12-60
DECEMBER 12th, 1960.
City Clerk Worthing read RESOLUTION NO. 1303.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LANDS LOCATED ~'fiTHIN SAID CITY: SETTING
OUT ACTUAL COSTS INCURRED BY SAiD CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF SAID NUI-
SANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF
DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, in regular session held on July 25th, 1960, enact Resolution
No. 1262, declaring the existence of a nuisance upon certain lots or
parcels of land therein described for violation of the provisions of
Ordinance G-147; and
WHEREAS, pursuant to said Resolution, the City Clerk of said
City did furnish each of the owners of the lands therein described
with a notice that the City Council would sit on August 8th, 1960
at 8:00 P.M., at the City Hall in Delray Beach, Florida, for the
purpose of allowing the owners shown in Resolution No. 1262 to show
cause, if any, why said nuisances described in said resolution should
not be abated; and
WHEREAS, pursuant to said notices, the Council of said City did
sit on August 8th, 1960 at 8:00 P.M., at the City Hall in Delray
Beach, Florida, for the purpose aforesaid, and said owners of the
lands having failed to show cause why the nuisance described in the
aforesaid resolution should not be abated, the said City Council did,
on the scheduled hearing date as provided and shown herein resolve
that a nuisance existed on the lots or parcels therein described for
violation of the Ordinance G-147 as aforesaid, and further resolved
that each of the owners described in said resolution be notified and
required to abate the nuisance within thirty (30) days from the re-
ceipt of a copy of such resolution, otherwise, in default thereof,~
said owners were notified that the City of Delray Beach, Florida,
would enter upon said lands and abate the nuisance described and
specified in said resolution and would levy the cost of such work as
an assessment against the property therein described; and
WHEREAS, pursuant to such resolution, the City Clerk of said City
did furnish each of the respective owners of the lands described in
said resolution with an appropriate copy thereof, namely Resolution
No. 126% and the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed by said resolution and Ordinance G-147, and the City
of Delray Beach, Florida, was required to and did enter upon the
following lands and incur costs in abating the nuisance existing
thereon as described in the aforesaid resolution; and
WHEREAS, the City Manager of the City of Delray Beach, Florida,
has, pursuant to said Ordinance G-l~7 and the City Charter submitted
to the City Council a report of the costs incurred in abating the
nuisance as aforesaid, said report indicating the costs per parcel
of land involved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, as follows:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, Florida, in-
volving said City's cost of abating the aforesaid nuisances upon the
lots or parcels of land described in said report, a copy of which is
attached and made a part hereof, are levied against the parcels of
land described on said report and in the amounts indicated thereon.
Said assessments so levied shall be a lien from the date the assessment
becomes effective upon the respective lots and parcels of land de-
scribed in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as
to sale and foreclosure as city taxes a~e collectible.
6 12-12-60
DECEMBER 12th, 1960.
2. That the City Clerk of said City shall record a certified
copy of this resolution in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, and shall furnish to
each of the owners named in and upon said report, a notice that
the City Council of the City of Delray Beach, Florida will sit as
a Board of Equalization at the City Hall in Delray Beach, Florida
on the 27th day of Deaember, 1960, at 8:00 P.M., to hear and con-
sider any and all complaints as to the assessments shown herein and
the said City Council shall adjust and equalize the same on a basis
of Justice and right and when so equalized and approved, such assess-
merits shall stand confirmed and remain legal, valid and binding obli-
gations upon the property against which said assessments are levied;
such assessments after equalization adjustment and hearing shall
draw interest at the rate of 6% per annum until fully paid.
3. After equalization and upon approval of such assessments~
the same shall be forthwith payable together with any interest there-
on accrued.
PASSED AND ADOPTED at regular session on the 12th day of
December, A.D., 1960.
It was moved by Mr. Campbell, seconded by Mr. HarbiSon and unanimously
carried that Resolution No. 1303 be adopted.
City Clerk Worthing then read the caption of ORDINANCE N0.G-380.
AN ORDINANCE RELATING TO ALCOHOLIC
BEVERAGES: AMENDING SECTIONS 4-5 AND
4-7 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, TO PRO-
VIDE FOR THE SALE OF LIQUOR IN LOTS 1
AND 2, BLOCK K, AND LOT 5, BLOCK L, BOTH
BLOCKS BEING IN JOHN B. REID,S VILLAGE
OF THE CITY OF DELRAY BEACH, FLORIDA.
It was moved by Mr. Warren, seconded by Mr. Campbell and unanimously
carried that Ordinance No. G-380 be placed on first reading.
City Manager Mingle read the following communication from the
Delray Beach Chamber of Commerce, dated December 9th and signed by
it's president, Mr. Ralph D. Priesmeyer.
"As you know, our Industrial Committee is presently building
up an Industrial Development Fund for the purpose of engaging
an Industrial Development Director. Our Personnel Sub-Committee
has determined the man whom we feel is best qualified for this
position and even though our funds are not fully developed,this
man is willing to accwpt the position on a three months tentative
contract to be expanded into a one year contract when our funds
are assured.
"We would like to have your approval to expend $1,500.00 during
the next three months for his professional services fee from
the approximate $3,500.00 remaining in the Industrial Promotion
Fund which you have authorized.
"This request is along the same lines as the request which we
made approximately sixty days ago when we were considering
another man. However since it exceeds your previous approval
by $500.00, we wish to clear the matter with you before proceed-
ing. We will be meeting with this gentleman Tuesday afternoon,
therefore would like to have your immediate reaction to this
request.
"In view of the progress which we are making in our drive for
funds, we feel assured we will have ample funds to continue our
program throughout 1961."
Mr. Harbison moved that this request be approved as requested. The
motion was seconded by Mr. Warren and unanimously carried.
7 12-12-60
DECEMBER 12th, 1960.
City Manager Mingle reminded the Council that it has beenthe
policy of prior Councils for the past several years to authorize a
Christmas Bonus in the amount of one days pay to each of the City
employees. It was moved by Mr. Campbell that such be authorized,
the motion being seconded by Mr. Warren and carried unanimously.
City Manager Mingle presented bills for approval as follows:
General Fund $ 14,771.68
Water Fund - Operating Fund 334.67
Mr. Harbison said that he would like to reverse the position that
he had formerly taken on item two of the bills payable regarding
Mr. Campbell's trip to Washington, and moved that the bills be
paid as submitted. The motion was seconded by Mr. Warren and
carried unanimously.
Mr. Campbell reminded the Council that there was a Public
Hearing scheduled for 7:30 P.M., on December 15th, in the Council
Chambers, regarding the proposed amendment to the 1956 Zoning Map
of the City of Delray Beach and the consideration of the tentative
Zoning Ordinance No. 2 in support thereof. &~~ ~~~
e meeting adjourned at 9:~0 P.M. on motion by Mr. Warren.
City Clerk
APPROVED:
MAYOR /-
PUBLIC HEARING
A Public Hearing on Comprehensive Zoning Regulations was held
in the Council Chambers at 7:30 P.M. on December 15th, 1960 with
Planning/Zoning Board members Paul S. Enowles, Kenneth Jacobsen,
Stuart Lankton, Richard ~ebb and Richard Hanna being present. Also
present were Zoning Consultant, George Simpns; City Manager, George
Mingle; City Clerk, R. D. Worthing; Mayor, Glenn B. Sundy; Councilmen
Dugal G. Campbell, Charles Harbison and George V. Warren and several
property owners.
Mayor Sundy announced that the public hearing had been scheduled .
for the purpose of considering the comprehensive zoning plans in-
cluding zoning may and zoning ordinance for zoning revisions for the '
City of Delray Beach, and asked that Mr. PaUl Knowles, Chairman of
the Planning~Zoning Board, take chamge.
Paul Enowles opening Comments were as follows:' "I had sort
of a speech prepared here for this congregation but so far as I can
see, most of the people present know Just about everything that I
might have said; but, maybe it ia worthy of review. The Plannir. g
Board of Delray Beach is ordained under the City Charter, has specific
duties to perform which are wider than most people realize. The
Planning Board can, for example, solicit funds, they can enroll people,
they can scour the city to assist, aid and abet the fundamental pur-
poses of the Planning Board which are namely to protect the health,
welfare and morals of the City of De]may Beach, Which the board, in
essence, does. The Planning Board consists of a group of lay people
who are placed in office with the consent of the City Council, they
meet once a month regularly, they~have wide scope in their operations,
they can delve into any matters pertaining to any one of the major
scopes, of activity. They meet on a legislative basis to consider
requests that are made pertaining to the~ Planning/zoning' ordinance.
They hold hearings primarily at the advice Of the City Council,' to
take evidence and 'to listen to the people .who appear before them,
T~e Planning Board,in essence, is an advisory board, they meet, as
I have said, regularly and.they take the evidence. They submit their
recorm~endations to the City Council and the City Council is ..the last
resort and has the full authority to act for or against the Planning
Board. 8o the Planning Board, I would like to make clear to the press
and public, has no Jurisdictional aUthority. They simply take evi-
dence, consider the matter at hand, pass their recommendations on to
the City COUncil and the City CounCil has the final authority'to act'
in the matter, which I don,'t think too many people in the City of
De]may Beach recognize or realize. The Planning Board is essentially
a completely non-political body, at least they try not to be, they
don,t 'want to be involved in any way, .shape or form with that situa-
tion. If they were to be the full force and effect of all the city
o~dinanoea, planning board ordinances, whatever the. planning board
might do Qould fall apart very quickly. We Work hard to keep the
Council advised and to date it has been eminently 'successful. This
particular hearing has a complete and full legal background. It is
ordained by the City Charter, Its certair% by the state laws, and this
is one of those occasions where the public is bro. ught into a hearing
to take under advisement those matters which the Planning Board and
the City Council, Jointly, over a matter of a couple of years, have
weighed and considered, for-the prime purpose of giving to the public
the benefit of a period of time where both the City Council and
Planning Board considered these various elements that have occurred
over a period of years. The last similar hearing to this took place
in 1956, foum years ago, and since that time many changes have taken
place. One of the Prime purposes of the Planning Board is to look
ahead to the futur'e, take advantage of statistical information and
take advantage of hearings. Ail these things that may appear in this
hearing tonight-have had full public hearings, as far as I am able to
ascertain, and have been t~eShed around. Our purpose in presenting
this, and I'm sure the Council's too, is to modernize the ordinance,
bring it up to date. There is always changes, new situations, new
considerations im..%.~e City in whichever direction it goes, and all
that come.s" ~nto t~.matte~. The Planning Board, City CounCil and
other pe~le in'the ~ity have b~en, regularly each y~ar, to a Planning/
Zoning Convention i~. whie~. %11 ~e new information comes up and all ~,
theee ,hinge have been considered and some included £Or.,this particu-
lar hearing. The purpose of thl's hearing is to bring Us up to ~date.
These things are presented to the public, ~and this ..is~ that public
hearing to give the City of Delray Beach .an opportunity to hear and
see how things operate under the Planning/Zoning ~oard and the City
Council. The .details of this 'hea~ing are ~rather 'narrow. ~W~ have
.modernized, we think; we have offered recommendationS; the City
Council has ~sat with us; we"have weighed these considerations ~to
modernize the Zoning Code of the 0rdinances~; to add to them; take'
certain ~thlngs out that are .obsolete . and again bring ~the whole
matter up to date. Basically I think that is an explanation of the
purpose of this meeting. Another thing that I would' like to strees~
is this fact; that .anything that may come before this meeting is
past history,, as .a result of a couple of years of observation, study,
work, etc. It has no bearing on what may happen~tomorrow. There is
no citizen wh° still can't come· and bring in his appeal fbr a ~change
of zone. There is nothing to preclude any of the due processes of
law which are in existence today. I think that,s important because
these sort of things, that come up every three or~ four years possibly
tend to give citizens the idea that this is final and that there is
no further recourse of the law. There is nothing hampered, changed,
or altered in the basic laws Of the City of Delray Beach or charter.
I think that fairly well explains it unless there might be questions
to anything I may have said, which I would be very glad tO ~try and
answer."
Mr. George Simons, Zoning Consultant, commented as follows=
"This meeting .tonight is a hearing before the 'City Commissi$n and is
a hearing prior to the adoption of the new zoning ordinance. Thie
ordinance is the result of a long'period of time. ,~t has been
viewed by the board, by citizens and by the commission an~d 'in the
form it is tonight, of which I think you all have copies. It is in
about as complete and perfect form as it could be. There might .be
some minor changes necessary, but those can be made prior to adoption~
I imagine that everyone here has familiarized themselves with this
ordinance and with the map which has been posted in the Planning BOard
office and has been publicized. I think, Mr. Chairman,. if there are
any questions or suggestions from the public it will ~e well to
receive them at this time so that we will know what further steps to
take in getting this into the final form. Basically there is very
little in the proposed ordinance that is new 'and' beyond the existing
ordinance. It adds 'one zone, but many of the basic nequirements in
this a~e identical to the one that you are operating under now."
Mayor Sundy. then asked for any comments or .queztio~s from the
floor on the. proposed zoning ordinance.
Dick Jebb asked what the legal process was for adoption of the
-proposed zoning ordinance and was informed by Mayor Sundy that there
would be two readings of the ordinance at council meetings', before
would be passed, and that this public hearing does not constitute a
re ading.
Mr. J. L. Patterson made a request as follows: "Before~the
overall plan of the new z~oning goes into effect I woUld like £Or~ the
Council and the PlanningJZoning~Board to consider other'areas beSi~de
Atlantic Avenue in .regard to the ~ff-street pa~king in that yoU allow
other areas to 'be excluded from following the ~ity~'requtrements~for
off-street parking. Also give consideration to the possibility of
allowing parking in adjoining properties to the commercial zone,"
MA-. Campbell questioned the significance of the word "support"
appearing on the first line of page 2, defining building. Mr. Simons
said~ ~that sentence could be revamped if they desired.
Mr~ Campbell4questioned there being two "Used Car Junk Yard~'
headings on page and Mr. Simons stated that the first paragraph
above mentioned should not be in this ordinance.
Stuart Lankton questioned the" definition of a structure appear~
ing on page 4, in regard to a wall or fence being called a structure
and that they are allowed to be built on a property line, while othe~
structures are subject to a set-back.
Mr. Simons pointed out that an error had been made on Page.3
and said that item three on that page "Guest House" should read
"Home 0ccupations".
Mr. Warren suggested that there be another public hearing on
this subject, at the council meeting of December 2?th and that any
necessary changes be made in this proposed ordinance and it be
p~eaen~ed for first reading on the 9th of January, 1961.
Items (b) and (c) under 3 on page 16 were discussed and an
opinion Was expressed that the wording should be changed to exclude
any possibility of going into a residential area.
Ralph Priesmeyer brought attention to Section 11, item 13 (1)
and Mr. Simons said that a modification could be considered to permit
such in C-3 zone with proper protection against fire, explosion, etc,
Mr, Worthing brought attention to a sentence in Section 7, E.
that the word "maximum" should be deleted from "The maximum lot
wl~t~h for a one or two family dwelling shall be not less than sixty
(60) feet measUred, at the building line".
Mr. Campbell-questioned Section 13, item 6 being in conflict
with another ordinance. Following discUssion Mr. Knowles said he
thought this item should be deleted from the ordinance.
Mr. Campbell questioned item 9 (a) in Section 13, on page 17.
~. Simons stated that Ordinances G-300 and G-356 should replace
(a), (b), (c)and (d) under item 9, Section 13.
Mr. Knowles pointed out the zoning change recommendations re-
flected on the map as follows:
The extension, of C-2 zone from Federal Highway westward to the
alley west of S. E. ~th Avenue from S. E. 2nd Street South.to the
City line.
The Extension of the C-1-A district on the corners of Atlantic
Avenue and Federal Highway North to 1st Street and South to 1st
Street and to the alley west of 5th Avenue.
Two lots of spot zoning in R-3 district on N. W. 4th Avenue to
be placed in G-2 zone.
T~e brake'up of a la~ge R-2 zoned district in the West~ Section
of town, North of Atlantic Avenue, placing part of it in R-IA and
part in a C-2 zone.
, An area in the West part of town from S. W. 2nd to S. W. 3rd
Streets to ~e included in an R-2 zone.
That a new zone be established as R-1AAAB in Sherwood Park.
Following general discussion, the Council, at the "request of Mr.
H. Ben Adams~ Mr. J. L. Patterson and Mr. Paul S. Ridley, adjourned
this public hearing until the regular council meeting of December
27th, to allow said parties and all other interested persons time to.
study and review the supporting ordinance concerning the comprehensive
zoning regulations.
City Clerk
3