03-09-59 MARCH 9TH, 1959.
A Regular Meeting of the City Council was held in the Council
Chambers at 7:30 P.M., with Mayo.r George Talbot Jr., in the Chair,
C~ty Manager Vi. E. Lawson Jr., Cxty Attorn.ey Harry T. Newett and Com-
missioners J. LeRoy Croft, Charles H. Harblson, Fred B. McNeece and
George V. Warren being present.
An opening prayer was delivered by Commissioner Chas. H. Harbison.
The Council, by general consent, approved the Minutes for the Coun-
cil Meeting of February 23rd.
City Manager Lawson, reporting further on the fifth project of the
~ater Improvements Expansion program, cited the need of $29,000.00
to cover costs of Said project, which amount is in excess of the p.ro-
c.eeds allotted for the program from the.sale of ~ater Revenu.e Certi-
ficates, and due to a fractional error ~n computation of estimated
costs for the entire Expansion Program as provided by the employed
e.n$ineering firm of ~Smith & Gillespie. The Manager informed the Coun-
cil of there being available for transfer an amount of $24,000.00,
set up in the current Budget for a proposed 12" Water Main on South
A1A not ne. cessary to be installed during this fiscal year, and an ad-
ditional $8:000.00 from the Contingency Fund.
Commissioner Croft moved 'that $24,000.00 be transferred from the
~.~ater Main Extension (Capital Outlay) Fund, as well a~ $$,000.00 from
the Contingency Fund of the ~Vater Department, to the V~ater Construc-
tion Account. Motion seconded by Commissioner .McNeece and upon Call
of Roll - Commissioners Croft, McNeece and Barb~son together with
Mayor Talbot voted in favor thereof, Commissioner Warren being op-
posed.
Commissioner McNeece, reporting on a recent meeting of the Tri-
County Gov.ernmental LeaEue, 'informed the Council of the desire of said
League to ~ntroduce a "Bill" for 'Home Rule'.
Replying to Commissioner' Croft's inquiry, the City Manager read
the following -
,I · · · · ,, .
The American Municipal Association report on Home Rule for Amer
ica's Cities," as published in 19.49, the '.Objectives. of H.o.me Rule' .
are listed as (a) to prevent legislative ~nterference, (b) to permit
local self-government, and (c) to give cities adequate powers. The
1958 report of the Governor's Committee on Home Rule (in Florida), as-
serting that municipalities "have acheived sufficient political matur-
~;.ty to enable them to handle, and manage their own local affairs", ad-
vances as its leading recommendations the precepts that: Home rule
~.hould be constitutional rather than legislative; the provision should
be brief and'~fundamental, it should be self-executinE, and should ap-
ply to all ci~i~s"
Co~_-T~sione~ Croft then moved for the "Support" of the City Coun-
oil of Delray Beach beinE extended to the Tri-County Governmental
i~.~'~ague and to the Leaguers desired introduction of a "Bill" for Home
'i-.~..~e withi.n .the Tri-County.area, an.d further expressed a hope that.
.~.il 65 Municipalities within the Tr~-County Governmental League's ~u-
:~isdiction would extend similar support to the League whose ef'forts
~re unquestionably functioning to the benefit of South Florida. Com-
missi.oner Warren seconded the motion which received the unanimous ap-
proval of the Council, subject to the Council's final approval of a
P~esolution reflecting the endorsement of such a 'Bill'.
City Manager Lawson informed the Council of recent conversations
with Palm Beach County Health Department concerning provision for a
full-time service of a sanitarian within the corporate limits of Del-
ray Beach, the current Budget reflecting such possible anticipated ex-
Penditure, an.d recommended such employment, together with "Memorandum
of' Understanding" between Palm Beach County Health Department and the
36 ~ MARCH 9th, 1959
Cityof Delray Beach, Florida, as outlined and contained in a model
-~instrument of 'Understanding' forwarded to Mr. Joseph Alvarez of said
Health D~pa~tment and for review with Dr. Brumback.
CommssxonerWarren, being advised that sufficient work would be
arOVided for such an employee, moved to accept the ~uggestion of the
lm Beach County ~ealth Department and recommendatxon, of the City.
Man~.ger tha~ the City of D~lray Beach employ a Sanitar}an, on a trial
bas~s for slx (6) months, xnasmu~h as such a positio9 l~ so closely
related to 'Urban Renewal'. ~ot}on seconded ~y Commss~oner McNeece
and upon. Call of Roll - Commissioners Warren, McNeece an~ Croft, to-
gether.wlthMayor Talbot, voted in favor thereof, Commissioner Harbi-
son being opposed.
The Cit~Manager referred to_a request fr?Pa-lmTrail Club Apart-
ments, outsxde the City Limits, for Water Service.
9ommissioner McNeece, commenting on. the desire of the Council to
straighten ?ut the boundaries of t~e. City, felt-~hat anyproperty
owners, desxring local pubhc utilltxes and service, should further de'
sire to be within the corporate limits o~ such city, and that no. water
service nor facilities should be extended beyond the boundaries of the
City.
· On motion of Commissioner Ha~bison, Seconded by Commissioner
McNeece, the Council unanzmously approved ~eques~ing the prop?try
owners of said Palm Trail Club Apartments to consider annexation to
the City of Delray Beach in order that conSA~eration of their request
for Water service may be given by the Council.
City Manager Lawson read the following letter,'dated Feb 26, '89:
"I am in the process of ~oving from m~hm~.e in Delray Beach to
n~ ~ew home within the city hmits of Boynton Seach. ! refer you to
A~t~'cle VII of the City. C~arteE of Delray Beaclkwhich states that a
person appointed as Municipal Judge shall be a ~esal resident of the
therein
.City of. Del~ay Beach. No provisio~ is made with respect to .
the offxce l~ the e?nt sa~d Municipal Judge 9ea$~s to be such a resx-
dent after his app~lntment and before the exp~ration of his term. I
do not intend herein to attempt to interpret the ~arter provision;.
however, a fair interpretatio~may be.that a.persc$ so appointed, be-
ing a legal resident at the tzme of his appolntmen~, forfeits his of-
fic? upo~ the ~emoval 9f his domicile from the City',f Delray Bea~h
during his term of off~ce. I, theref~re, feel that the proper thing
for.me to do is to notify you that I intend to resign.my office as Mu-
nicxpal Judge, and I request that ~ou appoint a new ~ge for the re-
mainder of this year. I will continue to hold the office until such
time as I am advised by you that a successor has been ~p?inted.
Pleaae let me express my sincere appreciation for asking been ap-
pointed Municipal Judge for three successive years.
. With kindest personal regards, I am"
/s/ JOH c.
Judge of Municipal Court
City of Delr~2 ~each, Fla.
.On motion of Commissio~er Croft and seconded by Commissioner
Harblson, the Council .u~.anlmously approved acceptance of J~d~e John C.
Williams resignation with deep regret and furt.her desired to. express
its sincere appreciation for his offer to serve until a successor
appointed.
· The. City Manager then read the following letter frcm Seaboa~Air
LAne Raxlroad Company, dated Feb. 2Srd, 1~5~:
"Referring to ~our lette~ of December ~~th and supplementi.n$
letter of Jan ?th ~n connection with fo..r~a. 1 request from ~he CSty&f
DelrayBeach that we pla~e gates in addition to the flashing hght~
and bells at West Atlantic Avenue·
In reviewing th? hist?my of protection at this crossing I find the
existing flashing light hxghway crossing signals were installed in
1947 at the sole expense of the Seaboard.
The estimated cost to install gates in addition to the existing
signals is $16,?$0.00.
In reviewing ou~ accident record it is fgund that during the pa~t
18 years we have only had one accident at this crossing which was mi-
nor in nature.
While we would very much like to comply with the request, of.the
City of Delray Beach wi~h respect to installation of gates, it is a
fact that we havecrosslngs at other locations where traffic is very
heavy where we only have cross-buck sign protection and obviously im-
proved protection should he pro~ra~ed ahead of gates at locations
where we already have lights an~ bells such as ~est Atlantic Avenue.
If th? City of Delray Beach would desire to pay for the 9cst of
the addition of sates, I shall of.course be glad to handle with our
management accorcingly. If the City does not see its way clear to as-
sume such exp~nse I ~rust you.will assist me by agreeing-to deferring
the installation until such time as we have progressed our program on
protecting heavily trayelled crossings where imprgved protection is
needed because of the increased use of such crossings.
I hope to have the privilege of discussing this matter with you
personally in the near.future."
/S/ L. C. BATES (Supt)
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously disapproved of any sharing of such
cost of Crossing Gate Installation and requested that M~. Bates be so
advised.
On motion of CommissionerV~arren and seconded by Commissioner'
McNeece, the Council unanimously agreed on holding a SpecialMaeting
Thmrsday of this week, concerning Re-zoning Request of Att'y. Nell E.
MacNilla~ onbehalf of Standard.Oil Company and concerning certaSn
lands adjacent to the intersection of Federal Highwa~ and A~lantlc
Avenue, which 'Request' has been scheduled for 'Public Hearing' at
4:00 P.M., Tuesday, March 10th, 19§9.
The City M~nager submitted a litter from the Beach Taxpayers
League concerning.the League~s desire that certain areas in Block
,of Seagate Extension be provided with a change of zoning to conform
with certain Deed Restrictions pertaining to said lands.
Due to the City's inability, nor concern, for enforcement of any
'Deed'Restrictions', and on motion of Commissioner Harbison, seconded
by Commissioner Croft, the Council unanimously approved that the
Beach Taxpayers ~eague,.Inc., be requested to submit an "Application"
for rezoning of identified lands in compliance with established pro-
cedure.
CityManager Lawson read the following letter from a property ow-
ner - dated March 2nd, 1959:
"Request is hereby made for the ~e-zoning of the North S27' of the
East 136' of Block 2, from R-iA to R ~.
V~en I purchased this land in iSAA it was zoned for apartment
house construction, and having recently checked with many individuals
in the immediate area, it appears there is a definite demand for
plax construction and none for single family residence,
· The nearness of Carver High School to this property is, no doubt,
a contricuting factor to the demand for duplexes.
Directly across the street, being N.~. ?th Avenue, northward from
2nd Street, are, I believe, six Duplexes of Ozzie Youngblood's devel-
opment, which have all been tenanted since completion, some three
year ago.
/s/ I.
On motion of Commissioner Croft and seconded by CommisSioner
McNeece, the Council unanimously agreed on referral of Mr. Moss' re-
quest to the Planning/Zoning Board for study and public hearing.
MARCH 9th, 1959.
City Manager Lawson then read ORDINANCE NO. G-305:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOVJN BY THE ASSESSMENT
ROLLS SUBMITTED BY THE CITY MANAGER OF SAID CITY,
CONCERNING THE CLEARING, GP~DING AND PAVING OF S.E.
6TH STREET FRO~ 3RD TO 4TH AVENUES; S.W. 2ND STREET
FROM STH TO lATH AVENUES; S.W. 3RD STREET FROM 12TH
TO 14TH AVENUES; S.W. 12TH AVENUE FRC~ ATLANTIC AVE
TO SRD STREET: and S.W. 14TH AVEhVJE FRO~ ATLANTIC
AVE TO SRD STREET; ALL IMPROVEMENTS BEING PAVED TO
A ~'~IDTH OF TV~ENTY-FOUR FEET.
:~.On motion of Commissioner Harbison and seconded by Commissioner
McNeece, the Council unanimously approved placing Ordinance No. G-305
on first reading.
The CityNanager then informed the Council that anOrdinance, for
.levying the assessmen.ts of certain Drainage Improvement I.nstallat£ons
~n the Seagate ~rea, ~s prepared and ready for consideration.
· Mayor Talbot, having been informed of the desire of several pro-
perty owners, affected by such proposed assessment levies, invited
comment from such property owners or their rep.resentatives.
The following individuals expressed, objections to such proposed
levy of'assessments feeling that same had been improperly created:
Mm. F. ~. Bleckley Mrs. H. '~V. Soper
" ~. C. Burton " S.M. Schley
" A. P. Beach " C.E. McKenzie
" R. L. Owen " A. ,~. Tetzloff
Gracey Realty Co., M.C. Sterling Estate'
Mr. Otto A, Pfaff Mr. Pierre Crenier
Mrs. A. R. Silvester " Robe~t Tetzloff
Mr. H. H. Moffitt " Oti~ C. Mickelberry
" H.B. McGraw Jr " K. E. Edwards
and Mr. John A. Thayer, who, speaking in behalf of all concerne.d, and
as Secretary of The Beach Taxpayers League, requested the Councxl to
defer the reading of Ordinance No. G-S06 until further investigation
of the methods exercised in. affecting.the individual and the over-all
assessments of the many drainage sections.
Commissioner Warren cited the initial steps taken, concerning the
8·ratnage problems, the many hours of hard work involved therein, and
the fact that NO OBJECTIONS of serious nature were presented at the
'oublic hearings provided by the Council for th? purpose of presenta-
tion of objections to the proposed Drainage Installations, which hear-
~ngs we.re held prior to the Council authorizing such improvements. The
Commissxoner, however, moved that in view of the numerous and many ob-
jections to the assessments, as offered at this mae.ting, the .reading
.~f Ordimance No. G-S06 be deferred and that the Eng~ne.ering f~r~. of
~ockway, Weber & Brookw~ay be requested to provide their reasoning
'%r having divided the benefited area into the many Sections, namely
~'B", "C", "D", "F", "G", "H", "I", "J" and "K". Eotion seconded by
Commissioner Harbison 'and unanimously agreed.
City Manager Lawson then read Ordinance No. G-SGA:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELR~Y BEACH, FLORID~, REZONING AND PLACING ALL
OF BLOCK FOUR (A) ATLANTIC PARK GARDENS AND ~LL
OF BLOCK SEVEN (7) ATLANTIC GARDENS IN
DISTRICT, AND A~ENDING "ZONING ~P OF DELRAY
BEACH, FLORIDA, 1~88."
The Council, on motion of Commissioner ~arren and seconded by Com-
missioner Harbi_son, unanimously approved the PASSING and ADOPTION of
Ordinance No. G S04 on this second and final reading.
(See Page 46-B for copy of ORDINANCE NO. G-~OA)
MARCH 9th, 1959.
The City ~anager then read Resolution No. 1172:
A RESOLUTION REQUIRING THE O~NER OF CERTAIN
LA~S IN DELT&Y BEACH, FLORIDA, TO ABATE
NUISANCE THEREON OR BE ASSESSED THE COST
THEREOF FOR ABATEMENT BY THE CITY.
(In part). "NOW, THEREFORE, BE IT RESOLVED that the existence of a
nuisance for reasons herein set' forth, be and the same
is hereby adjudged up.on the following lands in the City
(~ER of Delray Beach, Florida: VIOLA.
Jeanette H. Resor 22 Seabreeze Ave., Lot 2 in Sea 3 & 4
I)elray Beach, Fla. Spray Estates
On motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council unanimously approved the adoption of Resolution
No. 1172 on first and final reading. (See Page 46-A for copy of
RESOLUTION NO. 1172.)
City Attorney Newett presented a Right-of-l~ay Deed, dated Feb. 11,
1959, executed by Atlantic Industrial Properties, Ltd., a Delaware
corporation to the City of Delray Beach, covering a tract of land in
Section 19, Twp. 48 South, Rge. 43 East; also ach. eck from Byrd
~Vhitley, dated Fed. 16th, 1989, in the amount of $8.05, and payable .
to J. Alex Arnette, Clerk of the Circuit Court, for payment of record
lng sa. id '.Deed'; and the following Resolution providing for acceptance
of said R~ght-of-Way Deed.
RESOLUT ION NO. 1178:
A-RESOLUTION OF THE CITY OF DELRAY BEACH, FL(RIDA, AC-
CEPTING RIGHT OF ~?~TAy DEED _&ND AGREEING TO DEDICATE
LANDS IN SECTION 19, TVfP. 46 SOUTH, RGE. 48 EAST
PUBLIC HIGHWAY PURPOSES, PROVIDED SUCH HIGh%~AY IS CON-
STRUCTED ~i~;ITHIN ONE YEAR.
WHEREAS, ATLANTIC INDUSTRIAL PROPERTIES, LTD., a Delaware corpora-
tion1, the owner of tract of land hereinafter described, has tendered
its right of way d.eed .to the City of Delray Beach; and
!~HEREAS, the c~ty ~s willing to accept the foregoing deed from
ATLANTIC INDUSTRIAL PROPERTIES, LTD., a Delaware corporation, and to
dedicate said tract of land for public highway purposes; provided,
however, that any road constructed upon said lands shall not be at
the cost of the City, and shall be in accordance with City specifica-
tions concerning materials, construction, grading, surfacing, drain-
age and other street paving requirements within one year from the
date hereof; and
~%~{EREAS, HARDRIVES, INC. has entered into a contract with Roy L.
Calamia to grade, pave and construct a road upon said lands at the
cost of Roy L. Calamia, and furnished a performance bond therefor.
NOV~, THER~.FORE,'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEL~%Y BEACH, FLORIDA:
1. That the right-of-way deed made and executed by ATLANTIC
INDUSTRIAL PROPERTIES, LTD., a Delaware corporation, conveying said
tract' of land is hereby accepted.
2. That the following described lands, to-wit:
A tract of land lying in the East half of Sec. 19-48-48, and
more particularly described as follows:
Commence at the Quarter Corner in the East line of Sec. 19-46-48,
Palm Beach County, Florida; thence westerly along the centerline of
said Sec. 19-46 48, a distance of 1051.27 feet; thence northerly and
parallel to the west right of way line of Seaboard Air Line Railroad
a distance of 55.0 feet to the point of beginning; thence continue
northerly along the preceeding course a distance of 1§29..70 feet to
point of curve; thence along the arc of a curve concave to the south-
west and having.a central angle of 35°-$9'-18'', and a radius of
868.$1 feet adlstance of $4~.51 feet; to a point of reverse curve;
thence along the arc of a curve concave to the northeast and having
a central angle of 3§°-57'-4~'', and a radius of 922.69 feet a dis-
tance of 5~9.18 feet to ~ poznt of tangency; thence northerly and
parallel wzth the west lzne of the east half of t~e southeast quarter
of Sec. 18-46-43 a distance of 49.17 feet to a point in the North
line of Sec. 19-46-43 also bein$ the. South ~ine of Sec. 18-46-43,
thence easterly along said sectzon lzne a dzstance of 60.00 feet;
thence southerly and parallel with the west line of the east half' of
the southeast quarter of Sec. 18-46-43 a distance of 50.00 feet to a
point of cur?; thence along the arc of a curve concave to the north-
east and havzng a central angle of 38°-§?'-48'' and a radius of 862.69
feet a distance of 541.49 feet to a point of reverse curve; thence
along the arc of a curve concave to the southwest, and having a cen-
tral angle of 35°-59'-16" and a radius of 925o31 feet, a distance of
§81.19 feet to a point of tangency; thence soUtherly and parallel to
the west Right of Way line of said Seaboard Air Line Railroad a'dis-
tance 9f 1529.36 fee~; thenc~ westerly and parallel to and 55.0 feet
north (m~asured at right angles to the center line of ~ai~ Section
19-46-43), a distance of 60.0 feet to the point of begznnzng.
Said description conveys a strip of land 60,0 feet wide lying south .
of the north line of Sec. 19-46-4S, and 88.0 feet north of the center
line of said Sec. 19-46-AS, and approximately 428 feet west of the
S.A.L.RR., for road right-of-way purposes.
are hereby dedicated to the perpetual use of the public for a street
or highway, subject to the reversion reserved by ATLANTIC INDUSTRIAL
PROPERTIES, LTD., a Delaware corporation, whenever the same shall be
discontinued or abandoned as a public highway. This dedication of
this tract of land is further made upon the following terms and con-
ditions:
(a) A road shall be constructed Lu, over and upon said tract
of land, without cost to the city, and in accordance with the speci-
fications.of the city relating to pa~ing and drainage of public high-
ways withmn one year from date.
(b) That if this dedication is fulfilled by the grading,
leveling, paving and construction of a road within one year from date
hereof, then it shall be perpetual until discontinued or abandoned;
otherwise, the right of way hereby dedicated shall revert as provided.
8. Nothing herein contained shall be construed as imposing a~ny
duty upon the city to enter upon said right of way and grade, level,
pave and construct any road thereupon.
PASSED AND ADOPTED on this the 9th day ofMarch, 1959.
The Council, on motion of Commissioner W%rren and secondtd by Com-
missioner Harbison, unanimously approved ADOPTION of Resolution No.
1173 and acceptance of Dedication provided therein. .~
The CityManager informed the Council of ha~ing employed a Direc-
tor of Recreation who will assume his duties on~arch 16th, 1959, and
further advised that the newly appointed Director would be present
at an early meeting with the Council in order to provide an acquaint-
anceship.
O~motion of Commissioner Croft and seconded by Commissioner
McNeece, t~e Council unanimou~.ly approved payment of Bills, in the a-
amount of $A2,95~.~, as submitted by the City Manager, subject, how-
ever, to the approval of the finance committee.
Commissioner Harbison moved that the request of Mr. Ben Williams
to move a frame house from No. Federal Hwy., Boynt~n Beach, to 115
N.W. Ath Ave., be granted s~oject to the Building Inspector taking
necessary steps to provide for compliance with all City Building
Codes and Regulations. Motion seconded by Commissioner Croft and
6
upon Call of Roll - Commissioners Harbison, Croft, and Ymyor Talbot
voted in favor thereof, Commissioners NcNeece and Warren being opposed.
City Manager Lawson then reviewed the following "Reports" from the
Planning/Zoning Board:
1. The Planning Board endorses such civic interest as reflected in
the following letter received from the Delray Beach Junior Chamb-
er of Commerce:
"The members of the Delray Beach Chamber of Commerce,
(Jaycees) wish to make community improvement one of their projects
this year.
It is our intention to beautify the railroad station
with shrubbery, and to meet with the leaders of the colored Civic As-
sociation to discuss the possibility of cleaning up the right of way
along ~Vest Atlantic Avenue~
~/e feel the City of Delray Beach will benefit by such
action on our part and would appreciate the approval of the Planning
Board. Furthermore, we would welcome any suggestions you might have
to make our efforts more successful.
/S/ DON PAYNE Chairman
On motion of Commissioner McNeece and seconded by Commissioner
~.~arren, the Council accepted this letter with good wishes and compli-
ments to those behind the movement.
2. "The Planning Board has requested that I present to you a state-
ment of our policy on spot zoning.
The Planning Board is unanimously opposed to spot zoning, as such.
In view of this, the Board would like to send clear cut cases of
spot zonin$ to you without holding hearing. Should you for any
reason wan~ a hearing the case could then be referred back to us for
proper action." /S/ PAUL S. KNO~VLES Chairman
.3. "The Planning Board has asked that I come before you to discuss
certain publicity concerning the Planning Board.
We think it might be wise to publicise the fact that no zoning change
hearings can take place between April BOth and December 1st.
VJe also think that the work being done on the "Master Plan" is
reaching a-..::point where the public could be informed and their con-
sideration-be requested."
Concerning item #2 above, the Council requested the City Manager to
(~rrange a meeting with the Chairman, Nr. Paul S. Knowles, and satis-
_actory to the Press for their presence as to t~me of meeting, that
the time for consideration of Zoning Change Requests might best be
made known to the public.
.~. "Purely as a matter of record I should like to state that in a
conversation with Dr. l~J. C. ~filliams Jr.., the matter of improve-
ment and establishing S.~N. l§th Ave. was discussed on Feb 16th. Dr.
~Villiams stated that he would like to see S.~V. 15th Ave become a road
and that he would dedicate land of his to make this possible."
6. Concerning Liquor License Application of Clover Liquor Corp., the
application itself shows the location to be outside the city. If
the location is to be within the limits of the city in a C-1 or C-2
area there appears to be no conflict with the zoning ordinance.
The Board had no recommendations to make in the matter."
The Council, on motion of Commissioner Harbison and seconded by
C~mmissioner McNeece, approved requesting the applicant (Clover Liquor
Corp..,) to re-sub.mit its application refIecting the intended location
of ~ts branch desmred to be within the city limits, for consideration
by the Council, Commissioner Warren dissenting.
Att'y. A. J. Holloway, representing Clover Liquor Corp., noted
~AHCH 9th, 1959.
the intended locati.on of its brnach 'Package Store' to be in the A&P
block on the east s~de of N.E. 2nd Ave., between 2nd and 3rd Streets.
Commissioner McNeece then moved that the Cit~ Attorney be re-
quested to prepa, re an Ordinance, amending .Sec.4-5, of Chapter 4, Arti-
cle I, of the City Cod? of Ordinances, to ln.corporat.e the area des-
cribed above, for consideration by the Councxl. Mot~on seconded, by
Commissioner Croft and upon Call of Roll - Commissioners McNeece,
Croft and V~arEen, togeth.er with Mayor Talbot voted in favor-thereof,
Commissioner Harbison being opposed.
6. "At our regu.lar meeting on Feb. 27th, the P~nning Board consid-
ered the revxsed toque.st of Mr. Neil E. MacMillan to rezone Lots
1 thru 10, Block 4, Sou~hr~dge. Lots 1 thru 5 from R-IA to C-2 and
Lots 6 thru 10 from R-IA to R-$,
Thirteen people were called for this hearing. Three appeared and
two objected~ One objector wanted more C-2, and one wante~ more R-$.
It was felt by .the Boa.rd that this would provide the best possible
buffer next to the ~ndustr~al zone to the south occupied largely by
the Maule Industries Plant.
It was moved, seconded, and unanimously approved that the request
contained in Mr. Mack~illans letter of Jan. 26, be approved."
On motion of Core_missioner ~arren and seconded by Commissioner.
Croft, the Council unanimously sustained the recommendation of the
Zoning Board and approved the Rezoningof Lots 1 thru .8 SOUTER.IDGE
from R-iA to C-2, and Lots 6 thru 10 ~OUTHP. IDGE. from R lA to R S.
?. "At our regular meeting of Feb. 27th: the Planning Board consid-
ered the request of Mr. Neil E. MacMillan dated Feb. Srd, to re-
zone Lot 1, revised pla.t of Block 36, City of Delray Beach.
17 persons were not~fied to appear. S a~peared and there were no
ob ~ections.
It was moved, seconded, and app.roved by unenimous vote-.that the
petition be denied because the lot ~s too small to comply w~th the
zoning ordinance requirements in this classification, and also that
this would constitute spot zoning in the area."
On motion of Co.~m~ssioner McNeece and seco.nded by Commissioner
Harbison, the Oounc~l unanimously approved denxal of 'Request' con-
tained in Item 7, as recommended by the Zoning Board.
8. At its regular meeting on Feb. 2?th, the Planning Board consid-
ered its own request for a hearing to consider r?classification
from R-2 to C-2 of the following described lands:
Ail that part of the East half of Block 1~ lying
South of N.V4 2nd Street to a point 1S5 feet North
of N.~. 1st Street which part is now zoned R-2; and
Ail that part of the west half of Block 27 lying
south of N.~V. 2nd Street to a point 153 feet ~.orth
of N.W. 1st Street which p art is now zoned R 2.
This is a result of our letter to the City Council dated Feb 4th
reporting to you on the 'Request' of Mr. Jay P. Callaway to rezone
one and a half lots in this area from R-1 to R-2.
It was ~oved, seconded and passed by unanimous vote that the a-
above descrxbed area be rezoned from R-1 to C-2."
The Council, on motion of Commissioner Harbison and seconded by
.Comm~.ssioner Croft,. unanfmous.~ly app.roved the rezonin of the lands
descrxbed in Item ~8, from R 1 to C 2, as recommende.~ the
by Zoning
Board.
9. At xts regular meeting on Feb. 2?th, the Planning Board consid- ered the request of Mr. Carl A. Poorbaugh to rezone from R-iA to
R-2 the follOWing described property:
Lots 1,2,S,A,? and 8 in Block
Delray Beach, PI.Bk. 12-71:
MARCH 9th, 1959.
~t was moved, seconded and unanimously approved that the request
be denied based on the fact that this would constitute spot zoning in
a large R-IA area."
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council unanimously approyed denial of Mr. Poorbaugh's
request, as contained in'Item 9 above, in sustaining the recommenda-
tion of the Zoning Board.
10. At its regular meeting on Feb. 2?th, the Planning Board acted on
its letter to you dated Feb. Ath, and subsequent letter from Mr.
Nell E. MacMillan dated Feb. llth, for the Triple D Corp. concerning
the rezoning of Lots 11 thru AA, Resubdivision of Block
It was moved, seconded and approved by unanimous vote that the
request as stated in MrNac~illan's letter of Feb llth for Triple
"Dr Corp., be approved and further that the Planning Board study the
advisability of placi~qg food stores in the C-1 Zone as described in
the Zoning ordinance."
The Council, on motion of Commissioner Croft and seconded by Com-
missioner Harbison, unanimousl~ approved rezoning of Lots 11 thru AA,
incl., BLOCK AS, from R-2 to C 1 with permissive use for those retail
usas not covered in C-1 but approved by the Council, as recommended
by the Planning/Zoning Board.
11. At its reEular meeting on Feb. 2?th, the Planning Board consid-
ered a request for deviation dated Feb. Ath, concerning a side
yard setback on Lot 20, Block 121, Highland Park.
It was moved, seconded and a~proved by unanimous vote that the
request as submitted be approved."
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Harbison, unanimously apprgved the Deviation Request of
~. Harry Battistoni, outlined in Item ~ll, as recommended by the
Planning Board.
12. "In a letter dated Feb 4th, regarding a request by Dr. ~U. C.
~illiams Jr. to rezone lands in Williams S/D which lies in N.~.
Quarter of Lot 7, Sec. 17-46-48, from C-S to C-2, we stated that the
request was tabled pending a report from the Chairman after personal
discussion with Dr. ~illiams.
I met w~th Dr. ~Villiams and was given to u~derstand that a
classification to R-2 was what he actually desired as he wanted to
be ~ble to build single dwellings and duplex buildings on the Lots
facing S.W. 18th Ave.
In a note dated Mar. 2nd, from Mr. V~orthing, it is clearly indi-
cated that Dr. ~illiams desires the C-2 classification.
This clearly to us places the request in the category of spot
zoning and should be denied as such.
~ The Planning Board plans a restudy of the entire present C-S area
'~ast of proposed highway ~ from Atlantic Ave to S.~. 10th Street."
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Harbison, unanimously agreed on denial of the Request
submitted by Dr. ~illiams Jr., as contained in Item $12, for rezoning'
of ~illiams S/D, in sustaining the recommendation of the Zoning Board.
o15. At its regular meeting on Feb. 2?th, the Planning Board gave con-
sideration to the request of Mm. John H. Admas dated Jan ~th,
for a dedication of a right of way across lands owned by the City of
Delray ~each.
Th~s matte~ was taken up with the City Engineer and Mr. Adams by
me with the following results.
Mm. Fleming~ gave to me a map with his recommendation that the
right of way be at least AO feet and that the Adams property give an
equal dedication to provide access to small piece of City property
to the East.
Mr. Adams agreed with this proposal to me by Phone and urged that
the right of way be increased to 50 ft which he agreed to give if
the City would do so likewise.
The Planmi.nS Board carried this a step further as will.be seen in
its recommendatxon to extend the right of wa.y across.the Cxty proper-
ty adjacent to the Seaboard Railroad to provxde possible access to
the property to the North. .
It was moved, seconded and approved by unanxmous c.onsent .th?t we
rec_m, mend approval of a 50 ft dedication from the new xndustrxal road
thru City property on the North line as well as thru the Adams pro-
perty to the East on its North line and also thrm the s. mall piece of
City proper.tyto the East of the Adams property and adjacent to the
Seaboard Raxlroad on the same North line.
The Council, on motion of Commissioner Croft and seconded by Com-
missioner Harbison, in sustaining the r.ecmmnendation, of .the Planning
Board, unanimously approved the dedicat~on, for pubhc r~ght of way
purpose.s, the North §0 ft of the N.W. Quarter of Model Land Co's. Lot
3, Sectxon 18, Twp. 46S, Rge. 45E; also the North $0 ft of that part
of the N.E.Quarter of the S.E.Quarter of the S.E. Quarter of Section
18, Twp..46S, Rge. 43E and lying west of the S.A..L.RR. right of .way;
such dedications being subjectto a similar dedxcation, for public
right _of way p, urposes, over the North 80 ft of the N.E.Quarter of
Model Land Co s. Lot $, Sec. 18-46-43 (Present owner - M~s. Adams)
14. "In a letter to you dated .Feb. 8th, we advised .you that we had
approved ~nd forwarded to the Cxty Engineer a preltmAnary plat from
Mr. P.L. Pxtzer for a new development of five acres to be called -
"Colonial Heights". .
.In alett, er dated Feb. 1.St.h, Mm. M,.C.F.lem~ng brought t.o our at-
rent,on certaxn matters pertaining to exxstxng a.lleyway dedications.
It was moved, seconded and approved by unanxmous vote that.al-
leys be not required, and that the al.leys to the north, to S,W..Tth
Street be removed, but that proper utility easements be maintaxned.
Mr. Fleming and I made a. personal inspection of the area and we
decided that S.W. 8th Court wxll become a thru road from Swinton Ave
to S.W. 8th Avenue and that sidewalks be provided in accordance with
Ordinance No. G-285."
/S/ PAUL S. KNOWLES Chairman
The Council, on motion of Commissioner Croft and seconded by. Com-
m~sstoner Harbison, unani~.ously approved acceptance of the Plannxng
Board's 'Report' as contaxmed in Item IA above.
Prior to 1948, the City of Delray Beach had.acquired the_S. 50 ft
of the N. 195 ft of the East lA7 ft of the East half of Lot 9, Sec.
17, Twp. 46S, Rge. 45E, Palm Beach County, .Florida, by vi.rtue of a
Masters Deed. However, during 1948 Mr. Loazs Berge.r acquxred .said
land on a foreclosure .sale held by the C.ounty and s~nce that tzme
has paid each year's c~ty taxes to the C~ty of Delray Beach, through
1958. .The Council, .on recommendation of the. City Attorney and m. otion
of Commssioner Harb~son seconded by Commis.s~oner C.~oft, authorized
the execution of a Quit-claim Deed by the C~ty and ~n favor of said
Louis Berger for the parcel of land hereinabove described.
City Manager Lawson submitted the following BIDS received on a
Trailer-mounted Power Sprayer:
1. DeMarco Tractor & Implement Co., "M~vers Power Sprayer" $ 938.00
.2. John Bean Division "John Bean Sprayer"
3. McLean Machinery & Equipment Co. "John Bean Sprayer" 738.23
and the Council, on motion of Commissioner Croft seconded by Commis-
sioner ttarbison, unanimously .approved an award of pu~.chase to the
iow bidder and further authorxzed t.he purchase of said equipment.to
reflect the Power Sprayer to be equapped with a 200 gallon tank ~n-
stea. d of the 100 zallon tank called for in the specifications at an
additional cost o~ $70.24.
MARCH 9th, 1959. 45
The Council, on motion of Commissioner V~%rren and seconded b~
Commissioner McNeece, determined that the Public Hearing concerning
the proposed levy of assessments for the Drainage Improvements in
SEAGATE and THE VILLAGE be continued from time to time.
On motion of Commissioner McNeece and seconded by Commissioner
V~arren, the Council unanimously agreed that th2 City Manager be re-
quested to contact Palm Beach County Engineer Mr. Stephen Middle-
ton and solicit his aid in encouragingMr. Weybrecht, Superintend-
ent of Palm Beach County Roads, to commence the improvement of Swin-
ton Avenue at the intersection with Atlantic Avenue rather than at
the south end of Swinton Avenue as now planned, due to the nearly
impassable condition of Swinton Avenue in the center of the City.
Att'y. I. C. Smith, addressing the Council, inquired as to the
possibility of temporary improvement of certain streets in the west
sector of town, over which it is practically impossible to travel. ·
Bein$ advised by the Director of Public Works that opening, grading,
rockln~ and rolling of streets costs approximately $2~35 per sq. yd.
which ~s nearly four-fifths the cost-of opening, grading, and finish
paving of streets, the Council unanimously agreed that such an ex-
penditure, for temporary improvement, would be a waste of taxpayers
money inasmuch as such an improvement would rapidly deteriorate and
eventually become a total loss and, therefore, disapproved any such
expenditure, but assured Att'y. Smith that the present p~ogram of
street repair and replacement in that general area, previously
proved and agreed upon by Mr. Smith, would continue according to
schedule.
MEETING ADJOURNED3.~ ~
PP .~' "~. :i < ._~ ~ R.D. wORTHING
A ROVED.
OE
MARCH 9th, 1959.
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