03-11-57 MARCB llth, 1957.
The Regular Meeting of the City Council was held in the Council
Chambers at 7:30 P.M., with Mayor Warren in the Chair, City Manager W.
E. Lawson Jr., City Attorney Harry T. Newett and the following Com-
missioners being present - R. J. Holland, Dugal G. Campbell, Catherine
E. Strong and Hartha K. Holland.
An opening prayer was delivered by City Manager W. E. Lawson Jr.
Commissioner Strong moved for approval of the Hinutes for the
February 25th and Hatch 6th meetings. Hotion seconded by Commissioner
Campbell and unanimously carried.
City Hanager Lawson read the Planning/Zoning Board's He~ort of
Msrch 7, as follows:
"HE: Proposed rezoning
R-I-AA to R-3.
Seabreeze Park, Lots
18 to 23 inc, & North
25 ft. of 24. Owner:
Warren G. G~imes.
At a Public hearing, Hatch 1st, the petition off Hr.
Warren G. Grimes was presented for the rezoning of his
residence and lots south of it f~om R-I-AA to R-3.
Of eighteen parties officially notified, one other
than Hr. 6rimes was for the change, eleven were against
and four were not heard from. Owners of eleven other
properties on Seabreeze Ave., Lowry Street and Basin
Drive objected. Four petitions also objecting containing
twenty eight other names were presented, as well as over a
hundred individual petitions presented by the Beach Tax
Payers Association.
The arguments that R-3 zoning existed just east and
back of the properties to the west would justify the change
or that it could act as a buffer against the business on
Atlantic Ave. do not seem reasonable for making a change
which might come years from now, say ten or fifteen years
when Delray has grown much larger.
Our board, Mr. Sinks being absent from the City, voted
four to none to recommend denial, on account of the over-
whelming opposition of neighbors and the beach area as a
whole, as well as our board's feeling that spot zoning on
Seabreeze was not to be recommended.'
and supplemental Report dated Hatch llth, as follows:
"Since making our report of Hatch 7th, on the
petition of Hr. Warren G, Grimes, our board has establish-
ed that deed restriction on his lots, limit the use to
single family residences.
In the future our board will insist that petitioners
furnish us with copies of all deed restrictions which per-
tain to the use of their land."
pertaining to a ~ublic hearing, held March 1st, concerning the re-
quest of Hr. Warren G. Grimes for re-zoning of Lots 18 to 23 incl.,
and the North 25 ft. of Lot 24, Seabreeze Park, at which hearing there
were many objections to said re-zoning of the above described land as
well as advice from Att'y. Rhea Whitley to the .~ffect that there are
Deed Restrictions which would not permit such zoning changes as re-
quested.
56
HtRCH llth, 1957.
Attorney Neil ~acHillan then informed the Council that ~hile Hr.
Grimes had intended construction of the highest type, having utmost
and sincere respect for the City and specifically the improvement of
said lands, in view of the expressed objectors to such re-zon~,ng he
had been authorized by Hr. Grimes to withdraw the application for
zoning. The Council accepted the withdrawal of said application,
appreciating the consideration of Hr. Grimes.
The City lqanager advised the Co?mci! of having received Bids
for the clear~ng of the boulders from the City o~ned 100 foot beach
(lot 14, Blk. A, Palm Beach Shore~and for the establishing of a
parking area 100 feet sq. on the City owned land west of the beach,
as follows:
B. B. Boldt ~ 7,500.00 -
Jack Carver $ 7,278.06
Commissioner Campbell moved that this matter, together with the
bids received, be referred to the Beach Committee for their study and
recommendation. Notion seconded by Commissioner R. J. Holland and
unanimously carried.
City Manager Lawson read a letter from Burns, Hiddleton, Rogers
and Farrell, addressed to the County Commissioners, concern, ing an
alleged agreement between Daniel A. Udell and Jack Dorson (Delray
Shores, Inc.) with the County of Palm Beach for the construction off
Lake Ida Road, as follows:
"Gentlemen:
Reference is made to the agreement between Delray Shores,
Inc. and Daniel A. Udell and Jack Dorson with the County of
Palm Beach for the construction of Lake Ida Road and particu-
larly that portion of the ~oad lying between the Seabomrd Air-
line Railroad and Swinton Avenue.
It was the understanding of our clients that the road'was
to be constructed in accordance with the regulations of the
City Planning Commission of the City of Delray Beach, which
was that the road be constructed as a limited access road.
It was ~rlth that understanding that our clients agreed to
bear their share of the cost of constructing said road.
The plans are not in accordance with the original under-
standing in that there are now about ten turnouts provided
between Swinton Avenue and the West city limits of the City
of Delray Beach. In one particular area a number of the
turnouts and the culverts go nowhere on the North side of
the road, but on the South side they go into the back of
the lots of several residents in the area.
There was no need for such turnouts, since the proper-
ties in question had always used other means of ingress
and egress. To add the unwarranted number of turnouts
and culverts has added to additional expense and has created
a traffic hazard.
On behalf of our clients we request that the contractor
and the engineers be immediately instructed to remove all
culverts and turnouts and that only such culverts and turn-
outs be installed as may be directed by the City of Delray
Beach.
It is imperative that action be taken immediately, since
the contractor is still on the job and this is the expediti-
ous time to take care of the matter.
(signed) Elwyn L. Middleton.~
Commissioner Campbell, believing this letter had been sent to
the City for ae~quaiflting the Council wlth action taken, as reflected
by the contents thereof, requested that the City ~anager acknowled,&e
its receipt.
~L~RCH ~, 1957.
Discussion followed pertaining to N. W. 4th Street and limi-
tations of access thereto. ~r. L. L. Youngblood inquired if it might
not be feasible to grant N. W. 5th Avenue an access to N. W. 4th Street
and was advised that the Council upheld the recommendation of, the Plan-
ning Board in not considering this practical.
Commissioner Campbell requested that the City Hanage~ refer to
previous action of the Council and close all means of access into N. W.
4th Street except N. W. 4th Avenue and Swinton Avenue.
Concerning the matter of a Natural Gas Franchise, Commissioner
Strong felt that it would be unwise to hurridly effect such an agree-
ment.
Commissioner Campbell requested the City Manager to contact
Hessrs. Roberts and Smyth requesting their presence with a proposed
franchise agreement and sufficient notice of their arrival in order
that a special meeting might be arranged for discussion thereof.
Commissioner Campbell moved that consideration for improvement
of N. E. 2nd Street be tabled lmtil such time as further study can
be given the extent of improvement to be made. Motion was seconded
by Commissioner Strong and unanimously carried.
Discussion of "Special Police Offficers" followed with the Com-
mission inquiring of the Police Chief if such officers, when riding
in police cars on direct orders or otherwise, were covered by the
existing insurance coverage, and were advised by Chief Croft that they
were covered.
Chief Croft reminded the Commission of the valuable services
rendered by Special Police Officers, especially during War periods as
well as hurricane storms. The City Attorney was instructed to de-
to,mine the liability of the City, if any, concerning such offficers,
or other individuals, when riding in police cars and submit a report
of his findings at the next regular meeting.
Commissioner ~ampbell, con~enting on the financial condition of
the Golf Course as reflected by a recent report indicating a cash
balance of $36,000. felt that such department should provide the
necessary f~mds for payment of principal and interest on the outstand-
ing obligation - "Special Tax Revenue Certificate" issue of 1954, and to
repay the General Fund of the City for past advances from said "Fund" to
defray expenses of the Golf Course over prior years, which amount, accord-
ing.to the records of the accounting department of the City Hall, amount
to 915,800.57.
Mayor Warren relinquishing the Chair, and as Commissioner moved
that the Delray Country Club, through the Golf Commission, be requested
to orovide for the retirement of principal and interest, referred to
above, when same becomes due. Motion seconded by Commissioner Campbell
and unanimously agreed.
The matter of fire protection extending beyond the City limits
was requested to be discussed by various individuals as well as out-
side interests.
Commissioner Strong expressed her belief that such protection
for lands lying outside of municipalities should be provided by the
County, and further that, if consideration was to be given concerning
extending such service by the local fire department, the matter of
policy should definitely be offered to the freeholders for establish-
ment thereof. Commissioner R. J. Holland referred to the policy es-
tablished by the Council in 1954.
Commissioner Campbell suggested that tile City go on record to
the County Commission calling their attention to the numerous requests
made upon Delray Beach to furnish fire protection outside the City
limits, and requesting if the County Would underwrite liability and
possible agreed upon cost of such coverage. Commissioner Strong re-
minded the other Commission Members that the Citizens of Delray Beach,
58
HAHCH EI, 1957
through taxation, provide for establishing a fire department within
the City for the protection of property within said City limits and
therefor, should not be outside the City limits at any time.
Commissioner Campbell moved that this matter be tabled for
further study. Hotion seconded by Comissioner Warren, who relin-
quished the Chair of Hayor, and upon Call og Roll - Co~ss~onevs
Campbell and ~ar~en voted ~n favo~ thereof, Co~$ss$one~s R. J. Holland
H. K. Holland and C. E. Strong berg opposed. ~tion d~d not car~y.
Commissioner R. J. Holland moved that the policy established ~n
in54, pertaining to gi~e p~otection coverage and its l~mitat~on, ye-
main intact. Hotion seconded by Co~nissione~ Strong and upon Call
Roll -Commissioners R. J. Holland, ~rtha K. Holland, C.~E...St~o~,
and Dugal Campbell voted in favor thereof, Hayor Narven abstaining.
City ~nage~ ~. E. La~son informed the Co~cil of having
ceived several ~equests Co~ installation oF a traffic light at N.E.
8th Street and A~, and that such installation ~equ~res a pepmit
f~m the State Road Department, the Florida ttighway Code being
cove~ed by Florida Statutes of 1955 - C~pter 334-339.
Co~$ssione~ Strong moved that the City Atto~ey be ~nstructed
to prepare a Resolution on behalf oF the City oF Delray Beach,
questing a study of the need for such installation to be made by the
State Road Depratment, fo~ consideration by the Co,is sion at t~
next regular meeting, totion seconded by Co~ssione~ H. K. Holland
and ~animous ly
C~ty Hanagev La~son ~efe~red to a petition for opening and
paving S. ~. 3vd Avenue between 1st and 2nd Streets and to p~o~
action of a Co~ission fo~ construction of rock base only ~til
assessment of cost thePeof had been oaid. Also to the petition
similar improvem~t of S. ~. 12th Av~ue~ between Atlantic
~d 2nd Street.
Co~ssionev Strong felt that the latte~ project should be
effected at this time due to its ~elat~on to the new proposed
Co~ty School location in the Southwest sector.
Co~isstoner Campbell moved t~t these projects be tabled
~til fu~the~ study might be made, necessary f~ds be ~de ava~l-
able o~ p~pe~ty o~evs involved on any specific project bein~
able to advance their sha~e of cost for such desk,ed ~mpvovem~t,
and an over-all policy fo~ improvement of streets and alleys be
establi~ed. Hotion seconded by Commissioner St~ng a~ ~an~-
mously ca~ied.
~e City ~ger read a lette~ of compla~t from Hv. Karl H.
Kasten, of the Kasten Apartments, 418 N. E. 7th Argue, as follows:
"It is urgently ~equested that the City of
Delray Beach take immediate action in over comi~
the annoyance that said business is creating to the
surrounding neighborhood. ~e noise md odor of
paint f~es f~m this e~tablis~ent, when ~ operation,
~s more than can be tolerated by residents in this
locality. F~thermo~e, became of this nuisance, it
is difficult to rent p~ope~ty and keep tenants content
~deP the existing conditions.
I aooeal to the C~ty off De~ay Beach and sollclt
your cooperation for relief from a condition t~t is
extremely offensive.
(Sitned) Kavl H. Kasten"
pertaining to ~bnoxious ff~es and noises from the Hoyle-Cadillac-
Body Shop on NoPth Federal
HAHCH 11, 1957.
Hr. Kasten advised the Council of having had very pleasant
relationship and conversations with Hr. Hoyle concerning the above,
but had been unable to arrive at a satisfactory solution and there-
Fore requested the co-operation of the City for solving this unde-
sirable condition.
Comissioner Campbell moved that this matter be referred to
the City Attorney For his study relative to the apparent necessity
For the activities of the body shop and their conformity with State
and County requi~ements~ and the Atto~neyts recommendation flor con-
sideration by the Council at the next regular meeting. Hotion seconded
by Commissioner Strong and unanimously agreed.
City Hanager Lawson referred to the petition of property o~ners
within Block 121 who desired the opening of an alley therein.
Commissioner Campbell moved that the City Hanager notify the
property owners concerned, advising them that the City does not share
in the cost of alley improvement, but that if the property o~ners in-
volved should undertake such improvement themselves which must proceed
in accordance ~lth City right-of-way construction standards the City
Hanager ~rlll gladly furnish aid in engineering assistance necessary for
such desired improvement. Hotion seconded by Commissioner R. J. Holland
and unanimously carried,
The City Hanager then read Ordinance No. 6-248.
ORDINANCE 6-248.
AN ORDINANCE OF THE CITY OF D ELBAY BEACH
REGULATING THE SPEED AND HANNEH OF OPER-
ATION OF BOATS AND VESSELS WITHIN THE
HUNICIPAL LIHITS OF SAID CITY: PROVIDING
PENALTIES FOR THE VIOLATION OF ITS PRO-
VISIONS: AND REPEALING ALL OHDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
Commissioner Strong moved that Ordinance No. G-248 be placed on
first reading. Hotion seconded by Commissioner R. J. Holland and unani-
mously carried.
Resolution No. 1044 concerning improvement of S. Wo 12th Avenue
between Atlantic Avenue and Second Street was tabled for Future es-
tablish~ent of Street improvement policy as expressed earlier in these
minutes.
Commissioner R. J. Holland moved For acceptance of the City
Hanagerts recommendation concerning the improvement of alleys exclud-
Ing the assessment percentage consideration. Hotion seconded by Com-
missioner Campbell and unanimously agreed.
City Hanager Lawson read Resolution No. 1046 pertaining to approval
of Plat of Tropic Isles Trading Center, Annexation of said Lands and Con-
ditions thereof, together w/th Restrictive Covenants and other Conditions,
Commissioner Campbell, detecting unsatisfactory conditions contain-
ed in said Resolution moved that the City Attorney prepare a revised Heso-
lution, as discussed, for consideration at the next meeting. Hotion was
seconded by Commissioner R. J. Holland and unanimously carried.
The City Hanager then read Resolution No. 1042.
RESOLUTION NO. 1042.
RESOLUTION DECLAHING CEHTAIN LANDS IN THE CITY
OF DELBAY BEACH, FLOI~DA, TO CONSTITUTE A NUI-
SANCE IN VIOLATION OF CHAPTER 15 OF THE CITY
CODE & ORDINANCE 6-147.
6O
I~RCH II, 1957.
WHEREAS, Chaoter 15 of the City Code & Ordinance G-147~ of
the City of Delray Beach, Florida, declares all lands in the .City
not kept free from debris, vegetation (including trees) oP other
matter, which may become a danger in time of hurricane, and
weeds exceeding in height of 18 inches, and from filth and trash,
constitute a nuisance; and
WHEREAS, pursuant to said Ordinances, the Chief of the Fire
Department of Delray Beach, Florida, has made a survey report, in
writing, to the City Manager, describing certain lots or parcels
of land in said City and more specifically described as the area
from Atlantic Avenue to South East 10th Street between South East
5th Avenue and the Intracoastal 14aterway; and South East 4th Ave-
hue from 7th Street to lOth Street, wherein conditions such as
specified in Chapter 15 of the City Code & Ordinance exist.
WHEREAS, the City Council of Delray Beach, Florida, after
consideration of said survey report, is of the opinion that a prima
facie case showing the following lands constitute a nuisance within
the provisions of said Chapter 15 of the City Code and Ordinance
referred to herein.
NOW, THEREF0tlE, BE IT RESOLVED that the existence of a nui-
sance be, and the same is hereby declared, upon the following de-
scribed lots or parcels of land for violation of the provisions of
said Chanter 15 of the City Code and Ordinance as specified after
each description, and the City Clerk of the City of Delray Beach,
Florida, is directed to furnish the owners of each parcel of land,
as hereinafter set forth, a notice in accordance with Section 6 of
said Ordinance, and that the City Council will sit on the 8th day
of April, 1957, at 7:30 o'clock P.M. at the City Hall in Delray
Beach, Florida, for the puroose of allowing said owners to show
cause, if any they can, why said nuisance should not be abated.
Sec..15-2,
15-3,15-4,
Chapt~15,
violation
OWNER ADDRESS LOT~ BLOCK ~.S/D. Cit~ Code
Charles P. Watkins 143 S.E. 5th Ave. Lot 20, Blk. 119. 2 & 4
Delray Beach, Fla. '
Mrs. G. Lapham 509 S.E. 3rd St. Lot 13, Blk. 119 2 & 4
Delray Beach, Fla.
Mrs. G. Lapham " " " Lot 14, Blk. 119 2 & 4
John T. Carroll Naugatuck,18 WoodlaWnconn.AVe. Lot 7, Blk 119. 2 ~ 4
Josephine & Hose 2719 South 10th St. Lot 8, Blk. 119. 2 & 4
Francolino Philadelphia 48, Pa.
F. C. Muddiman 1st Nat. Bank. Lots 9 & 10, 2 & 4
Hollywood, Fla. Block 119.
Rose Giordano 32 ~. E. 7th Ave. Lots 19 & 20, 2 & 4
Delray Beach, Fla. Block 110.
Esther W. Powell 133 S.E. 5th Ave. Lots 15 & 16, 2 & 4
Delray Beach, Fla. Block 110.
Edward C. Dunning 1805 Washington St. Lot 17, Block 110. 2 & 4
Manitowoc, Wisc.
MARCH II, 1957.
Sec. 15-2,
15-3, 15-2,
Clmpt. 15,
violation
OWNER ADDRESS LOTrBLOCK & S~: C_i..ty Code
J. D. Tuller Box 431, W 145' of Lot 10 & 2 & 4
Red Bank, N.J. S 23' of W 127.6' of
Lot 9, Block l, 0sceola Park.
Louis Meyers Clay Street E 60' of W 186' of 2 & 4
Huntsburg, Ohio Lot 9, Blk. 1, Osceola Park.
George Talbot 125 N. Ocean Blvd. $ 87.3' of E 148.2'of 2 & 4
Delray Beach, Fla. Lot 9, Blk.l,0sceola Park.
Herbert S. Neilson 2201 Bailly Ave. E 142.2' of N½ of Lot 2 & 4
Buffalo, N.Y. 10, Blk. 1, Osceola Park.
E. H. Scott P.O. Bnx 175 E 145' of Lot 11, 2 & 4
Delray Beach, Fla. Blk. 1, Osceola Park.
Andrew Bloetscher P.O. Box 116 N 75' of Lot 12, 2 & 4
Delray Beach, Fla. Blk. 1, Osceola Park
Henry F. Moeller P.O. Box 597 S 78.3' of Lot 12, 2 & 4
Delray Beach, Fla. Blk. 1, Osceola Park.
John H. Winkler East River Road Lots 3, 4 & 5, 2 & 4
Grand Island, N.Y. Blk. 12, Osceola Park.
Emma D. Wood, Est. 213 Okeechobee Rd. Lots 6 & 7, Block 12, 2 & 4
c/o Mrs James Kirwin West Palm Beach,Fla. Osceola Park
R. D. Schell & 2900 E. Sunrise Blvd. Lots 12,13,14,15, 2 & 4
David H. Frazer Ft. Laud erdal e, Fla. 16,17,18 & 19,Blk.
12, Osceola Park.
John J. Clark P.O. Box 1853 Lot 6, Block 1, 2 & 4
Delray Beach, Fla. Osceola Park.
W. C. LaPage 305 S.E. 5th Ave. Lots 7 & 8, Block 1, 2 & 4
Delray Beach, Fla. Osceola Park.
Marion W. Rede 602 Golf Blvd. an unplatted p.arcel of 2 & 4
Clarksburg, W.Va. land in the NW~ of Sec.
21-46-43 & lyin~ in
Osceola Park S/D.
Irving G. Bohrman 1310 E.Bay Point Rd. ~ " " 2 & 4
Milwaukee 17, Wise.
Figes A. Hart 2804 Cordry Drive " " " 2 ~ 4
Boulder, Colo.
James A. Erwin Box 634 ~ ~ " 2 & 4
Delray Beach, Fla.
Karl Strand Middle River Road " " " 2 & 4
RFD t 1,
Danbury, Conn.
W. E. Hankins 104 N. E. 4th Ave. " " " 2 & 4
Del~ay Beach, Fla.
E. C. Muddiman c/o 1st Nat. Bank. Lots 1,3,3,4,5,6,7,8, 2 ~ 4
Hollywood, Fla. 9,10,11,12, Sanborn
Stone S~D.
MARCH XX, 1957.
$ec.15-2,
15-3,15-4,
Chapt.15,
VIOI~TION
OWNER ADDRESS ~OTtB..LOCK & S/D. Cit~ Code
Hattie E. MacLaren P.O. Box 605 Lots 1,2,3,4,5,6 & 2 & 4
Delray Beach,Fla. 8, Blk. 6, Rio Del Hey.
Ethel S. Williams P.O. Box 347 Lot 7, Block 6, 2 & 4
Delray Beach, Fla. Hio Del Hey.
James R. Smith Bom 76 Lots 1,2,3, ~& 4, 2 & 4
Allendale, S.C. Block 7, Hio Del Hey.
Rozena Horton Box 76 Lots 5 & 6, Block 7, 2 & 4
Hight Allendale, S.C. Hio Del Hey.
Lucy Mo Alexander 714 N. Fed. Hwy. Lot 7, Block 7, 2 a 4
Lake Worth, Fla. Rio Del Hey.
J. I. Deese Box 445 Lots 8 & 9, Block 7, 2 ~ 4
Delray Beach, Fla. Hio Del Hey.
S. Kamikami Box 157 Lots 14,15,16 & 17, 2 & 4
Boca Raton, Fla. Block 7, Hio Del Hey.
Ezra J. Richardson Box 1661 Lots 18,19,20,21,22 & 2 & 4
Ft. Lauderdale, Fla. 23, Block 7,
Hio Del Hey.
Hellen Connor 11 Stuyvesant Oval Lots 2 & 3, Block 8,1 2 & 4
New York 9, N.Y. Rio Del Hey.
Josephine E. Taylor Box 243 N. 25' oC Lot 5, 2 & 4
Delray Beach, Fla. Block 8, Rio Del Hey.
Robert Fleming 930 S.E. 5th Ave. Lots 8 & 9, Block 8, 2 & ·
Delray Beach, Fla. Rio Del Hey.
Paul S. Ridley Box 244 Lots 19, 20 & 21, 2 & 4
Delray Beach, Fla. Blk.8, Rio Del Hey.
Florance A. Brown Hotel Green Lots 16 & 17, Blk. 13, 2 & 4
Danbury,Conn. Osceola Park
Mrs. Tillie Goldberg 7401 W. 8th Mile Rd. Lots 18 & 19, Blk. 2 & 4
Detroit 21, Mich. 13, Osceola Park.
A. S. Johnson 6105 AshcroCt Ave. Lot 33, Block 13, 2 & 4
c/o A.V. Johnson Minneagolis, Minn. Osceola Park.
Charles J. Fogarty 75 Western Ave. Lots 14 & 15, Block 2 & 4
Westfield, Mass. 13, Osceola Park.
Leo Schagran c/o Causeway Pkg. Lots 10, 11, 12 & 13, 2 & 4
Store Block 13, Osceola Park
Ft. Lauderdale, Fla.
W. R. Bourne 443 2nd Avenue Lots 10,11,12,13 & 14, 2 & 4
New York 10, N.Y. Block 11, Osceola Park.
Oscar C. Sabin Box 93 Lots 15 .& 16, Block 11, 2 & 4
Tavernier, Fla. Osceola Park.
Edwin G. Anderson Box 191 Lots 17 & 18, Block 11, 2 & 4 Delray Beach, Fla. Osceola Park.
MARCH 11, 1957.
Sec.15-2,
15-3, 15-4,
Chapt. 15,
Vio 1 ati on
OWNER ADDRESS LOT~BLOCK & S~ Cit[ Code
Margarette E. 328 Burleigh Ave. Lots 26 & 27, Block 11, 2 & 4
Creamer Holly Hill, Fla. 0sceola Park
Vivian G. Maher 80 ?ulip Avenue Lot 2, Block 2, 2 & 4
Floral Park, L.I., 0sceola Park.
New York
J. L. Love, Sr. P. 0. Box 977 Lot 3, Block 2, 2 & 4
Delray Beach, Fla. 0sceola Park.
Alice Mayer 29 S.E. 7th Ave. Lot 4, Block 2, 2 & 4
Delray Beach, Fla. Osceola Park.
M. L. Cline 2637 Marathon Lane Lot 5, Block 2, 2 & 4
Ft. Lauderdale, Fla. 0sceola Park
And City Owned lands as follows:
STREETS
South East 6th Street - from F.E.C. Railroad to the Federal Highway.
South East 8th Street - from F.E.C. Railroad to the Federal Highway.
South East 9th Street - from F.E.C. Railroad to the Federal tlighway.
ALLEY WAYS
Block 118 between 1st and 2nd Streets.
Block 119 between 2nd and 3rd Streets.
Block 110 between 1st and 2nd Streets.
Block 11, Osceola Park- between 6th and 7th Streets.
Block 13, Osceola Park- between 7th and 8th Streets.
Block 8, Rio Del Hey- - between 9th and lOth Streets.
APPROVED this llth day of March, 1957.
(S) Georse V. Warren
MA,X0 R
(SEAL)
ATTEST:
(S) R. D. Worthin~.
City Clerk
Commissioner Strong moved that Resolution No. 1042 be passed
and adopted on first and final reading. Motion seconded by Com-
missioner R. J. Holland and unanimously carried.
Mayor Warren brought up the matter of existing fire hazards on
Lot 22 and the East 25 ft. of Lot 21 in Block 116; and on Lot 3, a
small non-conforming structure,, in Block C of the Village; also on
the lands in McGinley-Gosman S/D fronting on the East side of North
Federal Highway and across the street from the Chamber of Commerce
Building.
The Fire Chief and City Attorney were requested to confer and
determine proper procedure, legal wise, to eliminate these hazards.
Mayor Warren advised the Commission of having received a letter
from the Superintendent of the Palm Beach County School Board indi-
cating the desire of said Board to acquire a City owned tract of
64
MARCH 11, 1957
land described as the North half of the SE quarter of the SW
quarter of the SW quarter of Section 17, Tw~. 46 S, Rge 43 E, said
5 acre parcel of land being contiguous to a 15 acre traet~of.land
to the south thereof now in the process of acquisition by the
County School Board for school purposes.
Commissioner Campbell moved that the City of Delray Beach
make said five (5) acre parcel of land, described above, available
to the Co~mty at prevailing cost value or by exchange for accept-
able County owned land. Motion was seconded by Commissioner R. J.
Holland and unanimously agreed.
Commissioner Strong moved for acceptance of the Planning/
Zoning Board's recommendation as contained in their Report dated
March 5th, concerming a possible compromise relative to re-zoning
of a part of lots 1 thru 7, in Block 3 of Southridge S/D. as
follows:
"At your meeting, Feb. 25th, the matter of Mr. Cameron's
petition for rezoning his company's land was referred back
to our board for further study and review.
My personal opinion is that a compromise decision could
be reached if the city commission made a personal visit to
the property with members of our board.
It might be that the manufacturing could be limited to
less ares. than our board recommended without offending the
neighbors.
If the commission desires, I will ask Mr. Cameron to
place stakes at the west end of each property line, so
that the situation can be clearly understood.
Awaiting your instructions, I am
Yours Respectfully
(S) Andrew L. Fabens"
Motion seconded by Commissioner Campbell and unanimously agreed upon.
Commissioner Campbell moved for acceptance of the Planning
Board's Report conce~ning limited access to N. W. 4th Street EXCEPT
that N. W. 4th Avenue be given access thereto, both from the South
as Said 4th Avenue now exists and from the North if future develop-
ment so desires. Motion was seconded by Commissioner R. J. Holland
and uoon Call of Roll - Commissioners Campbell, R. J. Holland, M,K.
Holland and Mayor Warren voted in favor thereof, Commissioner Strong
being opposed.
City Manager Lawson advised the Commission of having been con-
tacted by Mr. Daniel Udell and Jack Dorson (Delray Shores,Inc.) and
informed by them that they were landscaping and beautifying the Park- -
way along Lake Ida Road leading into N. W. 4th Street and hoped that
the City might so act along the right-of-way within the City limits.
Commissioner Campbell moved that the City Manager advise Mr.
Dorson that the City would gladly meet with him in this regmrd and
to arrange a meeting date. Motion seconded by Commissioner Stroh&
and unanimously carried.
Commissioner Campbell moved for approval of the Planning/
Zoning Board's Report of March 6th wherein the Board recommended
construction and operation of a public school in the R-1 Single
Family Dwelling Zone, more specifically described as the SE~ of the
iW~ of the SW~ of Section 17, and the East half of Lot 17 in Sec-
tion 20, all of which is in Twp 46 S, Rge 43 E. Motion seconded by
Commissioner Str~ng and unanimously carried.
Commissioner Ca;mpbell moved for acceptance of the recommend-
ation by the Planning/ZOning Board in its Report of March 7t~, where-
in an ap~lication for re-zoning of Lots 1 and 2, Block 1, 0sceola
Park, from R-1-A to C-2, was denied. Motion seconded by Commissioner
R. J. Holland and unanimously carried.
MARCH tl, 1957
Commissioner Strong moved for approval of the Planning Board's
recommendation contained in Reoort of March 7th wherein said Board
recommended disposal of Lot 7, Block 87, by public sale in accordance
with the City Charter, and instructed the City Manager to proceed in
conformance with the requirements thereof in making said Lot 7, Block
87, available for purchase by public sale. Motion seconded by Com-
missioner Campbell and unanimously agreed.
Commissioner Strong moved to deny the request for Deviation on
Lot 29, Block 7, 0sceola Park, as recommended by the Planning Board
in its reoort of March 8th, 1957. Motion seconded by Commissioner
R. J. Holland and unanimously carried.
Commissioner Strong moved that Mr. tlerbert S. Nielsen be grant-
ed permission to build on his land located in the North half of Lot
10, Block 1, 0sceola Park, the west building line being 30 feet east
of the easterly line of a N & S easement running southerly from S. E.
4th Street, and that the set-back from the intra-coastal waterway be
at least 30 feet, as recommended by the Planning Board in its Report
of March llth. Motion was seconded by Commissioner M. K. Holland and
unanimously carried.
Commissioner Campbell moved that Bills in the amount of ~33,
204.50 be paid subject to the approval of the Finance Comnittee.
Motion seconded by Commissioner R. J. llolland and unanimously Carried.
Commissioner Strong moved to aoorove~ for payment, a Bill render-
ed by the City Attorney, in the amount of ~35.00 for services performed
in prosecution of a case in Municipal Court of three persons on Febru-
ary 25th, 1957, and to provide necessary funds for effecting payment
thereof by transfer from UnapnroDriated Surplus. Motion was seconded
by Commissioner Dugal Campbell and unanimously carried.
City Manager Lawson read a letter from the Building Inspector,
dated March Sth with reference to non-conformance of buildings on Lot
27, in Block 29, as follows:
"On January 17, 1957 this departmemt issued
a notice to the owner of Lot 27, Block 29 on S. W.
4th Avenue at 1st Street to remove two non-conform-
ing buildings within thirty days.
On February 17, 1957 an extension to March
1, 1957 was granted.
As of this date, we have not received full
compliance to the ordinance and wish to refer the
matter to the Council for further action as stated
in Sec. 9-11 of the Code of Ordinances.
(Signed) Ralph A. Hughson"
Commissioner Campbell moved that the Building Inspector deliver
notice of hearing to be held on March 25th, being the date of the next
regular meeting, to the owner of the land and violator - Mr. L. N.
quince, 407 S. W. 1st Street. Motion was seconded by Commissioner
Strong and unanimously carried.
Att'y. Neil MacMillan addressed the Commission on behalf of
Triple "D" Building Corp., owners of a tract of land comprised of
parts of Lots 4 and 5 in Palm Beach Shore Acres, Block E, and
ferred to a sketch of a proposed subdivision of said tract, approved
by the preceding City Council. Att'v. MacMillan, on behalf of Triple
"D" Building Corp., requested the City Co~mcil to accept a dedication
of a 25 foot right-of-way, described as the South 25 feet of the West
383 feet of the S½ of Lot 5 in Block E of Palm Beach Shore Acres, P1 Bk
7-38 and subject to R/W on Andrews Ave., over the W 25 feet thereof,
which R/W has been constructed by the property owners, no expense to
be incurred by the City for its opening and conditioning.
66
HARCH 11, 1957.
Commissioner R. J. Holland moved for acceptance of the dedi-
cation of R/~ as described in the preceding paragraph and approval
of instrument reflecting such dedication. Hotion seconded by Com-
missioner Strong and uoon Call of Roll - Commissioners R. Jo Holland
C. E. Strong, M, K. Holland and Hayor Warren voting in favor thereof,
Commissioner Campbell abstaining.
Hr. George McKay inquired about Sidewalks leading to Carver
High School previously discussed with the Commission, as well as
what action was being taken over acquiring 200 feet in addition to
the 100 feet of beach in Palm Beach Shore* and was informed by the
City Hanager that the Sidewalk construction will be a reality north-
ward from N. W. 2nd Street on the East side thereof in the near fut-
ure, bids now being received for such project, and relative to the
beach the Hanager advised Hr. HcKay that the 200 feet previously
discussed is tied up in court proceedings and further action in re-
gard thereto can not be considered at this time. *Acres
Commissioner Campbell referred to the possibility of improve-
ment to the current street lighting system through funds which have
been appropriated for such a project by the addition of 100 Street
Lights (250W) at a cost of $22.50 per light, the Florida Power &
Light Co., through its Hanager Hr. Charles Senior, agreeing to fur-
nish necessary poles and installation at no further cost to the City;
and to also replace the present 100 W Lamps with 250 ~ Lamps at an
approximate cost of $4.00 per light, and moved that such Lighting
Improvement be effected as soon as posstble~ Hotion seconded by Com-
missioner H. J. Holland and unanimously carried.
The Commission agreed that the City Hanager, City Engineer
and any Com~ission Hember or He, bets should confer as to the most
needed areas to be benefitted by additional installation of street
lights, and that it might be wise to solicit the aid of a Power &
Light representative.~
In response to the plea of Mr. Dave Hogan and others, concern-
ing traffic and parking problems on N. W. and S. W. 5th Avenue, Com-
missioner Strong moved that the City Manager and City Engineer pro-
vide for Hockln~ In and Rolling Down West Fifth Avenue from South 2nd
Street to North 2nd Street to improve the traffic and parking problem
thereon. Hotion seconded by Co~missioner H. K. Holland and unani-
mously agreed upon.
Commissioner Campbell moved that the Ordinance controlling the
activities of Auction Galleries, in view of many complaints having
been received relative to alleged unsatisfactory purchases, be pub-
lished in the local papers for the benefit of all concerned. Hotion
seconded by Con~issioner H. K. Holland and unanimously carried.
Commissioner Campbell moved that the City Attorney be instruct-
ed to notify the local Galleries of their obligation to respect and
comply with all provisions of Ordinances affecting the operations of
an Auction Gallery. Hotion seconded by Commissioner Strong and un-
animously carried.
The City Attorney advised the Commission of having received
a call from Dade Commonwealth Ho~tgage Company who seek permission
to enter the N. W. 13th Avenue R/~ and complete the installation of
water distribution lines to Jefferson Hanor S/D and would not call
upon the City to protect them against any action by Howard Lee
Cromer. The Attorney further reconnuended that the City Hanager be
instructed to grant them oermission for such work subject to their
claiming ownership of the pipe.
Commissioner Campbell felt that Dade-Commonwealth should fur,'
nish Bond of Completion as well as a Bond protecting the City of
Delray Beach, from any loss liability. Conunissioner Strong, in ac-
cord with Commissioner Campbell, further requested that Dade-Com-
monwealth*s intentions be submitted in writing.
MARCH il, 1957.
Cou~nissioner R. J. Holland moved that the City Manager grant
permission to Dade-Conuuonwealth to enter the R/W for the purpose as
outlined in the foregoing subject to such request being submitted in
writing and complete in de%ail, in proper form, providing for in-
demnification and the approval thereof by the City Attorney. Motion
seconded by Commissioner Strong and upon Call of Roll - Commissioners
R. J. Holland, C. E. Strong, M. K. Holland and Mayor Warren voted in
favor thereof, Commissioner Campbell being opposed.
Mr. Neal Knight, an alleged expert on locating and determining
Water Distribution Loss was introduced to the Commission and informed
them that, from a few recent tests, he is certain of an appreciable
loss of water by various means which will amount to 150,000 gallons
or more daily. Many successful surveys have been conducted by Mr.
Knight in South Florida and pertaining to locating and determining
water loss and he agreed to return at the next regular meeting with
a proposal for taking such action in Delray Beach.
Commissioner Strong moved that the Petition of North Tropic
Isles, Inc., requesting annexation of "Tro~ic Isle" 3rd Section, be
referred to the Planning/Zoning Board, as recommended by City Manager
Lawson, for the Board's study and recommendations. Motion seconded
by Commissioner M. K. Holland and unanimously carried.
The City Manager read a letter fr~m Tommy Armour, dated March
9th, pertaining to a request for orohibiting building construction
during the winter months, and the Commission requested that Mt. Armour
be furnished a copy of the recently enacted Ordinance No. G-246.
City Manager Lswson read a letter from the Florida League of
Municipalities, dated March 6th, 1957 - "National Legislative Bulletin"
and concerning an alleged gimmick in federal operating procedure which
permits Federal Tax Avoidance, oarticularly with reference to rela-
tionship in the functions and procedures of General Contractors and
the Federal Government.
Commissioner Strong moved that the City Manager and Chief of
Police confer with the Municival Judge to possibly provide for Jail
Sentences for violations of Gambling and Bolita operations in an
effort to minimize such activities.
Inasmuch as Mr. Warren G. Grimes desires to donate "Interest"
as received, on the "Soecial Tax Revenue Certificate" issue of 1954
which he ~urchased in its entirety, the City Manager was instructed
to determine the various "Activities" to which Mr. G~imes could
donate such finds and obtain Internal Revenue Department's approval
for Income Tax Deduction thereof and then to so advise Mr. Grimes
Tax Consultant.
Neeting adjourned.
/s/ D. Wort in
City Clerk
APPROVED:
MAYOR
68