03-08-54 MARCH 8, 1954
A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.M. Nth Mayor
Catherine E. Strong in the Chair, City Manager Robert ~ovelace,
City Attorney Neil MacMillan, and the following Cou~ncil members
present: Mrs. Alma K. ~Woehle, ~. Cottingham Allen, and Glenn
Sundy, a quorum being present.
Upon motion by Mrs. Woehle and seconded by Councilman Allen
the minutes of the meetings held Februar~y 22 ~nd March i were
approved as written.
City Manager Lovelace read a letter from the Director of
Civil Defense expressing their appreciation to those who had
volunteered to aid Red Cross activities. Mrs. Woehle made a
motion that letters be written to those concerned, thanking
them for their services. The motion was seconded by Councilman
Sundy and unanimously carried.
A report from the Planning Board on the Alga Corporation
petition was then read:
4 ~rch 1954
The Honorable Mayor and City Council
Del ray Beach, Florida
Re: Alga Corp'n request
for rezoning N. 450
ft. of lots 140 and
148, ·from apartment
Gentlemen: to business zone
The Planning Board has given careful stud~j and special con-
sideration to this p~oblem, and Ms secured the opinion of a
professional city planner, whose written report is enclosed.
A public hearing was conducted on the evening of February
17, and the minutes are in the City files. Thirty-two
o~ forty-one lots or parcels were notified in accordance with
City Ordinance #365. Of these,
23 owners of 31 lots or parcels were absent or failed
to answer,
9 owners of l0 lots objected to the proposed change.
21 other property owners, and the Beach Taxpayers'
League expressed opposition to the proposal.
Letters from nine property owners, and the Property Owners'
Protedtive Association were received directly or forwarded by
the City Nanager, objecting to the proposed change.
The report of Mr. George Simons Jr., professional city
planner, and adviser to the Planning Board, noted that a shop-
ping center on the proposed site, developed in accord with a
plan submitted by the petitioners, and providing a well-planted
strip of land screening the site frc~ the north and east and
dedicated to the City, would not be inconsistent with the trend
of improvements in the commercial areas existing nearby.
After considerable study and discussion the Board is in
agreement on the following basic points:
~. The City has now a disproportionat$1y large percentage
of its area zoned for various business and commercial classifi-
cations. (14.8% compared to approximately ~% recommended by
competent authorities). The Board is studying these areas with
a view to recom~endlng reduction and/or redistribution, rectify-
ing strip zoning where feasible, and providing parking areas in
MAHC 8, 1954
accordance with sound city planning.
2. The immediate area surrounding the property in question
is characterized by:
(a) low density of population
(b) high land values
(c) residential and limited business use
(d) limited access from the City's center over Atlantic
Avenue brtdge.
Expansion of the ~siness Zone as requested would inevitably
result in excessive businesses.traffic through this area, particu-
lerly on Lowry Street and Seabreeze. Avenue, and would depreciate
residential land values in the vicinity.
3. The principal access to this area and to the public beach
from~ the City west of the waterway is constricted by Atlantic
Avenue Bridge. The proposed enlarging of the business area east
of the waterway would be a cause of further traffic congestion
beyond that already expected under the existing zoning.
The Board therefore recommends by unanimous vote that the
petition be denied.
Sincerely,
/s/ Robert F. Blake II,
Chairman
Mr. Charles Francis Coe addressed the Council and asked that
they forbear action until an analysis could be made of the Plann-
ing Board's decision. Mayor Strong stated that since there had
been a Public Hearing on the request and that careful study had
been made, it was her opinion that there was no reason to defer
ac ti on.
Councilman Sundy made a motion that the Planning Board's
recommendation to deny the petition be accepted. Mrs. Woehle
seconded the motion which carried unanimously.
City Manager ~-ovelace read a report from the Planning Board
with regard to the request from Donald Elliott for a petoleum
plant. The Board made recommendation that there be no alteration
made to the ordinance and that the request be denied.
M~r. Elliott addressed the Council stating that it was not a
bulk plant that had been requested but merely storage for 3,000
gallons of gas. Mayor Strong stated that she would like to
have the building code checked as to whether hotels are allowed
to have a 1,000 gallon tank, and that Mr. Elliott should be given
the same consideration. It was agreed to defer action until the
building code could be checked.
The City Manager read a recommendation from the Planning Board
regarding the request for a sign from the owners of Vallicourt
Vtllas,Bronson Street. The Board stated that there should be no
relaxation of the ordinance which might set a precedence for other
similar eases.
Mr. Frank Cryan, one of the owners of the apartments, addressed
the Council stating that when the property was purchased there was
a sign on Atlantic Avenue and that the owners had assumed it was
part of the transaction. He said since the apartments are on a
dead-end street it places a hardship on them not having a sign for
direction. He also stated that someone may have had a motive in
denying their request and when asked by Mayor Strong what sort of
motive he was referring to he answered that it could prove lucra-
tire for real estate agents to bring in clients at a ten percent
commission to show the apartments.
~After discussion of other signs in the area, Councilman Allen
suggested delaying action until he could discuss with the Council
what may be a solution to the problem.
ARCH 8, 1954
The City Manager read a letter from Harry Battin and his
wife, Phy,llis Battin, requesting a change in zonin~ of their
property ~the W 70' of the E 170' of the N ll0' of Block 122).
Mr. Eovelace explained that a single family house can be~placed
on the lot without any zoning change but that the request for
e B zone chan~e would be ~ entirely new zoning classification.
Mrs. Woehle made a motion that no change be made in the zoning.
Councilman Allen seconded the mo~ion which carried u~nimously.
City M~ager Lovelace then read ~ ~e~ter from F. E~rl
Wallace, President of Earl Wallace Fq~ A~ency, requesting that
the alley between lots 1, 2, 3, 4 and 37 ~ 64, ~Ginley-
Gosm~ Sub,vi&ion, be abandoned in order to develop the entire
block as a Ford a~ency.
Counci~an Allen made e motion t~t the req~st be re-
ferred to ~he Pl~ning Board for study and report. ~s. Woehle
seconded the ~tion which carried u~imously.
~he ~ving of ~orthwest 2nd Avenue was then discussed.
The City ~ianager reviewed action that had been taken and e~lain-
lng that specifications for the project had been sub~tted by
George Brockway, engineer, and that an estimate of ~3250 had
been made for paving the street wi~h hot mix asphalt. Mr. Love-
lace s~ated the residents in the area ~d agreed to an oil seal
rock base bu~ after discussi~ the project with the Plannin~
Board, two members of the board were opposed to this and pre-
farted doin~ the work as submitted by ~. Brockway.
~yor Strong stated s~ felt that the people should pay
the engineer's fee and asked the City Attorney for his opinion.
Mr. ~c~ll~ suggested t~t the City do the work and ~sess
the property with the fee included. He said it would be poor
economy to do the cheaper Job ~w and that the property owners
would object to other assessments later if the job was done
the second time. He suggested conferri~ with t~ owners to
see if they would be willing to pay the assessment.
A request f~m Ra~ond E. Carlson for ~platti~ Breezy
Ridge Estates subdivision was then discussed. Mr. ~velace
e~latned that the request was merely for a rearra~e~nt of
lots and streets and reco~ended it be referred to the Pla~ing
Board for stu~.
Mrs. Noehle ~de a motion that the request be referred to
the Pla~ing Board. Co~cilman S~dy seconded the motion which
c arri ed unanimously.
The City Manager then disc~sed a request from the Taxis
Co~ittee to provide twelve month's sal~y for a professional.
He stated that the present salary is for six winter months ~d
since the progr~ had been ve~ successful tt ~s his recom-
mendation to extend the salary to ~ ar a~und, as was the under-
standing.
Mrs. ~oehle made a motion that the Tennis Co, tree enter
into contract on a twelve ~nth's basis. Councilm~ Sundy
seconded the ~tion and it was unanimously carried.
The City M~ager read a letter from M. F. Riley, Jr., for
the Board of Trmstees of the Beach Taxpayer's League, requesting
action on the following items: (a) return of a fire engine to
the location east of the Waterway, for p~tection; (b) more
adequate 24-hour police patrol east of the Waterway; (c) a stop
light ~e~ng placed on the corner of Atlantic Avenue ~d Gleason
Street, (d) a t~ee-way stop ~ght placed at the corner of Atlan-
tic Avenue and Oce~ Boulevard; (e) beaUt~ication of the ~cean
~ulevard bank; and (f) ~eplacing shrubbery ~d trees.on East
Atlantic Avenue.
The City Manager reported: (a) a CoUncil meeting was held
in regard to the fire en~ne and that the Council ha~ agreed
to use all extra Fire De~rtment money to build a new station
in Delray Beach and later to establish a beach sub-station.
(b) Request granted. (c) The State Road Department was contacted
MARCH 8, 1954
and did not recommend the traffic light, stating that it would do
more harm than good since they usually require three hundred ve-
hicles an hour at intersecting traffic which is not the case at
thtm location. The Police Department also concurred. (d) Request
For the three-way light has been approved and is on order. (e)
Fifteen new trees have been added to the boulevard bank and Mr.
Paul Dreher of the Parks Department in West Palm Beach had been
contacted with regard to grass suitable for planting along the
bank. He stated that Moizia grass is the best to use but that
it would be very expensive and slow growing. He recom~nended the
City keep the grass which is there. (f) Mrs. Woenle suggested
that the Garden Club be contacted for their recommendation on
shrubbery, grass and trees on Atlantic ~venue.
A deviation application from Mr. Fred So McDuffie was dis-
cusse~. Mr. Lovelace explained that Mr. McDuffte desires to
make an addition to hi s house and has requested that the set-
back of ? 1/2 feet be changed to 5 feet as it was when his house
was originally constructed.
Councilman allen made a motion that the ~equest be referred
to the Planning Board for study. Councilman Sundy seconded the
motion which was unanimous.
The City Manager presented plans to the Council for the
~est Atlantic Mercantile Company store to be constructed on West
Atlantic Avenue and 4th Avenue. He stated the plans met all
specifications and zoning requirements.
Mrs. ~oehle made a motion that the plans be accepted and
the motion was seconded by Councilman Sundy and unanimously
c arkie d.
Mr. Lovelace discussed with the Council new projects in the
Water Construction Program which had not been taken into consider-
ation when the budget was prepared. He stated that financing
would have to~ be taken care of by a transfer of funds from th®
Water Revenue account and recommended the problem be referred to
the Finance Co~nittee.
Bills were presented for approval totalling ~94,270.99.
Councilman Allen re'sic a motion that the bills be approved sub-
Ject to the Finance Com~ittee. Councilman Sundy seconded the
motion which carried unanimously.
A request from the Ooati~g and Sportsmen,s Club for a boat
hoist was presented. Mr. Joe Kern addressed the Council stating
that the Boat Club had agreed to maintain the hoist. Councilman
Sundy asked if there would be any charge for using the hoist and
it was agreed that at the present time, it would not be worth
while to charge a fee. Mr. Lovelace stated that there are twenty
~ix towns in Florida wb~ ~have the facilities.
Councilman Allen made a motion that the beat hoist be in-
stalled with the understanding that the Boating Club will assume
the responsibility for maintenance indefinitely, free of charge
for the time being. Councilman Sundy seconded the motion which
was una~mously carried.
Mr. Lovelace read a petition from eight property owners
regarding drainage for Waterway Lane. He explained that a sur-
vey had been prepared last year and that the cost would be approxi-
mately ~1800.
Mrs. Woehle asked if there is any priority system on sewage
or drainage and Mr. ~ovelace replied no. Councilman Allen stated
that it would appear important to give this project an automatic
pti orit y.
Mr. W. S. ~aPorte, a resident of Waterway Lane, addressed
the Council asking that immediate action be given to the problem.
Mr. T. R. Johnson also addressed the Council as a property owner.
Mrs. Woehle asked who would pay for the work done' Mayor
Strong askedMr. La~orte if it was their intention that the work
be done and that they would be assessed, to which Mr. LaPorte
replied he would be willing to pay his proportionate share of the
MARCH 8, 1954
assessment.
Mayor Strong stated the other owners should be contacted to
determine if they would also be willing to pay the assessment.
Mr. L~Porte said he would contact the owners person, ally within
the next day or two.
Mrs. Woehle asked if the owners should express their willing-
ness in wi~ting and Mr. MacMillan suggested that the owners donate
the money ahead of time so that the work could begin immediately
and to avoid the legal steps which would have to be taken.
It was agreed that Mr. LaPorte would contact the owners.
Mrs. Wbehle asked the City Manager if Mr. Beasley df the
FICPA had given any estimate of the cost to check the past
audits. Mr. L~elace stated that a letter would be received
in the immediate future which would outline the proposition.
Mrs. Woehle made a motion that the City Clerk be asked to
write letters to each CPA for their audit fee. Councilman Sundy
seconded the motion which carried unanimously.
Mrs. Woehle asked the City Attorney if it would be out of
line to asked for another Judge to preside at the hearing for
the case against the former City Clerk. Mr. MacMillan explained
that the decision of guilt or innocence was the jury's, not the
Judge's responsibility.
Mrs. Woehle stated she had had complaints regarding ~rucks
loaded with sand using the Ocean Ooulevard, stating they are
damaging the beach by getting stuck and digging into the sand.
Mr. Ganson, a resident of Gleason Street, stated the trucks had
been'using that street and had been driving too fast.
Mr. Ben Adams addressed the Council saying that the trucks
are licensed and are conforming with speed limits. He objected
to accusations that the truck drivers were speeding.
The City Manager said that the apartment owners in the
Delray Shores area had complained of tacks using the streets
west of the boulevard and that it was his opinion Atlantic Avenue
and Ocean Boulevard were the logical streets to use.
Mayor Strong asked that the Building Inspector be ~equested
to check the condition of the building directly across the street
from the City Hall to determine if it could be condemned. Mr.
R. B. Gracey addressed the Council stating he knew the owner of
the property and that it was not the owner's intention to Sake
any improvements. He did state that he was considering construct-
ing a business building of leasing the property.
It was decided that the building would be checked by the
Buil~ding I nspe c to r.
Nathan S. Sharp addressed the Council requesting that the
alley between Federal Highway and Southeast 5th ~venue, off
Atlantic Avenue, be repaired. The City Manager stated that it
was not actually the alley and not City property but that action
would be taken to scrape the drive and make some repairs.
The meeting then adjourned.
APP ROV ED:
Mayor
AT TEST:
city Clerk