05-25-54 A Regular Meeting of the City Council of the City of ~eiray
Beach was held in the Council Chambers with Maydr Catherine E.
Strong in the Chair, City Manager N Lawson, Jr., City Attorney
Nell MacMillan, and the following Council me~bers loresent: Glenn
B. Sundy, R.J. Holland, Mrs. Alma K. Noehle, and W. Cottingham
Allen, a quor~n~ b~eing present.
An opening prayer was delivered by Rev. J. G. Robinson.
Upon ~otton of Councilman Allen, seconded by Councilman Sundy
and unanimously carried, the minutes of the meetings held .May' ll
and 14 were approved as amended.
Mr. William Carpenter presente~ a proposed re-plat of Breez~
Ridge Estates and explained that the Planning Board had made
recom~endations that a final plat, showing several provisions
regarding street~$igns, easements, etc., be submitted for final
acceptance. He stated since t~ provisions required were all
under full control of the City that he felt the revised plat
could be approved.
Mrs. Woehle moved the plat be approved subject to the
proval of the City Manager. CounciLman Allen seconded the motion
and upon call of roll it carried unanimously.
Mr. Fred McNeece of the Golf Committee discussed with the
Council the delay in final action to accept a loan offered by Mr.
Warren Grimes to the Golf Course. He stated that the pledge of
Golf revenue certificates is insufficient and that Mr. Grimes now
desire pledge from utility tax to insure r~-payment of the loan.
Mr. M~Neece~ felt that the program outlined for the ~olf Course
should produce enough income to take care of the obligation.
Mr. Charles Crane addreseed the Council stating he had talked
to Mr. Grimes and that the matter had been turned ove~ to the firm
of Chapman and Cutle~, attorneys, who indicated they did not poss-
ess the full financial picture of the Golf Course. Mr. Crane
stated the legal stipulations should be worked out within possibly
a week. With regard to the $3,000 interest of utility tax, Mr.
Crane pointed out that the cfty Charter provides for the City to
pledge utility tax with a limitation of ten years, which would
mean that the interest would have to mature from 1955 to 1965 and
that possibly an additional pledge of ~10,000 would be required,
making a total of ~13,000.00.
Mrs. Woehle stated they had had financial figures of the Golf
Course and that an income of ~40,000 was shown for the current
season, up to April 1st. She asked Mr. McNeece if they had a net
income of ~20,000. Mr. Crane then explained that it was not net
income and that from October 1st to April 1st the ~olf Course had
received $41,600 and a balance of app~oxie~tely $1~,000 was now
in the bank.
M~. McNeece stated there were several phases (projects)
scheduled which, combined with no~mal expenditures for the ensuing
five months, should result in an approximate $5,000 net gain for
the current fiscal year.
Mr. MacMillan explained to the Council that the question
now was whether the certificates could be issued, payable out of
revenue from the Golf Course. Ne was advised that Chapman and
Cutler stated the City could issue them out of revenme. Mr.
Brann, attorney for Mr. Grimes, had asked two questions of Mr.
MacMillan - 1. What would happen in the event the revenus is
inadequate to repay the loan. (Chapman and Cutler stated nothing
would happen.) and 2. - Mr. Brenn had requested the income figures
from the Golf Course.
With regard to whether the interest could be pledged from
utility tax, Chapman and Cutler had advised the two sources of
revenue cannot be combined.
Mr. MacMillan explained that in order to prevent too much
delsy he had requested Mr. Brann to confer directly with Chapman
and Cutler regarding the legal questions involved.
Councilman Allen asked Mr. Crane if he had any recommendations
to make, to which he replied he felt it would be a nice gesture to
advise Mr. Grimes by letter the acti~ taken and reason for the
delay, and that he felt the Council should have legal advice.
954
Hayor Strong stated she would write to F~r. Grimes.
Mr. McNeece announced that the Golf Course co~nittee had
employed a new pro-manager wh~ sh~ws great promise.
Mr. Rhea Whitley, representing Roy Calamia, presented a plat
of Seaerest Park, stating they propose constructing 32 new resi-
dences in the area between Seacrest High School and the new ele-
mentary school. He explained that in order to begin construction
or get financial aid, it wo,Jld be n.~cessary to rezone the property
to Residence A. The homes are to be constructed on Lots 10 through
17, Block 8, and all of Blocks 9, 10 and 11, Seacrest Park. Mr.
Whitley stated the Planning Board had recommended approving the
upgrading.
The following report of the Planning Board was then read by
Mr. ~wson.
The ~onorable Mayor and City Council
Delray Beech, Florida
Ladies az~d Gentlemen:
At a meeting of the Planning Board, April 29, the possibility
of upgrading Seacrest Park from Residence B to Residence A zone
was considered for tentative approval. Discussion with the owner
and the develope~ intending to improve the property brought out
the following points:
(1) It appeared that all affected property owners were
in agreement with the proposed upgrading.
(2) It was understood that the owner of the property.
Northridge, Inc., would withdraw the request if the desired
upgrading could not be accomplished by approximately mid-
June, since the proposed reside~ti~l develQpment required an
early start in construction.
It was felt that the proposed upgrading was of advantagefto(i
the City, and that the indicated withdrawal of the request it
could not be accomplished for development th~s sum~er) constituted
a reasonable basis for "emergency~ action.
The Board recommends that immediate action be taken to upgrade
the property.
Sincerely,
/s/ Robert F. Blake II
Cha i rman
Upon motion of Mrs. ~Woehle, seconded by Councilman Sundy
and unanimously carried, the upgrading of the property was approved.
Mr. MacMill~n then r~ad the following emergency ordinance.'
EMERGENCY ORDINANCE NO. G-187
AN EMERGENCY ORDINANCE OF THE CITY COUR~IL OF THE CITY OF
DELRAY BEACH, FLORIDA, RE-ClASSIFYING PART OF BEACRE~ PARK
FROM RESIDENCE "B" DISTRICT TO RESIDENCE "A" DISTRICT.
WHEREA~, the City of Delray Beach, Florida, has for sometime
been endea~rin~ to raise the standards of zoning throughout the
City of Delray ~each, Florida, an~
zS, 1 54
NEEREAS, the owner of the hereinafter described p~operty has
to be "up-zoned" from Residence "B" to Residence
requested the same
"A", and
WHEREAS, said owner has indicated that unless said offer to
"up-zone" is immediately accepted, that the same may be withdrawn,
and
WI~EREAS, it appears to the City Council that~it would be in
~he interest of the entire Cit~ of Delray Beach to accept said
offer of up-zoning in the interest of public health, property and
wel fa~e, and
WH~EAS, the City Zoning Board has recommended the same and
advised that the re-zoning would constitute a reasonable basis
for "emergency action".
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Delray Beach, Florida, as follows:
Section 1: The acceptance of the offer to "up-zone" the
hereinafter described property fr~m Residence "B" to Residence
"A" is hereby declared to constitute an emergency affecting the
entire city for the preservation of the public health, property,
safety and welfare.
Section 2: That the following described property is hereby
placed in Residence "A" .district, as defined by. Chapter XX of
the City Code of the City of Delray Beach, Florida, to wit:
Lots 10 through 17, inclusive, Block 8;_Lots 1 through
16, inclusive, Block 9; Lots 1 through 5, inclusive,
Block 10; and Lots 1 through 15, inclusive, Block 11,
according to plat of BEACREST PARK as recorded in Plat
Book 24, page 33, Palm Beach County P~blic Records.
Section 3: The City Building Inspector shall, upon the
effective date of this ordinance, make the necessax-y change in
coloring on the Official Zoning Map of the City of Delray Beach,
Flori da.
~ection 4: This is an emergency o~dlnance and shall take
effect upon its passage on first and final reading.
PASSED in regular seesion on firstand final reading on this
the 25th day of May, 1954.
_/_si'. Catherine. S. SEron~
ATTES~: Mayor
lsla. Wort _,.
City Clerk
Motion was made by Mrs. Woehle to place the ordinance on
first and final reading. Councilman Holland seconded the motion
and upon call of roll it carried urmnimously.
Mr. Lawson the~ read a letter fr~m the Youth Recreation
Comittee reporting on a recent meeting with the Director of
the Youth Center and stating an annual report would be submitted
June 1 st.
The Council agreed to meet with the theatre group and with
the Recreation Committee to discuss the problem of using the
YoUth Center d~ring the winter months.
The Building Inspector presented a request froTM the ~irst
Baptist Church for permission to construct an accessory building
¥m¥ 19 4
before a main building is constructed. Mr. Hughson stated such a
permit would be in violation of zoning.
After discussion, the request was referred to the Planning
Board upon motion of Councilman Holland, seconded by Mrs. Woehle
and unanimously carried.
Mr. Hughson also requested the matter of ceiling heights in
business buildings be ~eferred to the Planning Board as there had
been several requests for deviation in the 12 foot ~eiltng height.
He explained that the matter had pr.eviously been referred to the
Board but that they had not yet taken any final action.
The Council instructed the City Manager to obtain an opinion
of the Board on the above.
Mr. Lawson presented a plat of Paradise Heights and a letter
from George $. Brockway explaining some changes which had been made
and requesting a new approval of the plat before filing in County
records.
Mr. Lawson pointed out an interior lot included which would
possibly prevent a right-of-way fc~ N~ 7th Avenue. He stated the
plat had been approved by a previous Council December 1, 1953.
A motion was made by Councilman Holland to approve the plat
as presented. Councilmaa Allen seconded the motion which carried
unanimousl y.
Discussion was held regarding night swimming at the pool. Mrs.
Woehle suggested having free admission instead of employing a cash-
ier which she felt is unnecessary. Mr. Lawson stated he had planned
to omit a cashier in the next budget and asked the Council .to approve
keepi_ng the pool open nights.
it was agreed that no changes should be made at present an~
that the pool would continue to be open in the evenings.
Mr. Lawson asked the Council for approval of specl~ications
for water lines, modeled after the plans drawn up for our present
Water Construction program, and similar in nature, as said plans
were submitted by the engineering firm of Smith and aillespie.
A motion was made by Mrs. Woehle to adopt the specifications.
Councilman Sundy seconded the motion which carried unanimously.
The City Manager stated he had been advised by the City Attor-
ney of street paving specifications covered by Chapter 11 of the
City Code, and asked the Council to approve a request of Mr. Boldt
which had been delayed until new specifications were prepared. Mr.
Boldt. desires to bid on construction of streets for the Ken Bacheller
Subdivision. Mr. Lawson felt that since Mr. Bacheller's plat had
been tentatively approved by the Planning Board and the Council,
permission should be granted to construct the streets under the
existing specifications.
The request was referred to the City Manager who was instructed
to notify Mr. Bacheller of action taken by the Council.
Mr. Lawson advised the Council that he had asked the fl~m of
Himes & Himes, now conducting an audit of City records, to prepare
a revised accounting system. He estimated the cost at approximately
$1200.
Councilman Sundy asked if the expense was included in the
budget and Mr. Lawson replied that it was not covered in the budget
but that he felt the expense would be well worth it to obtain a
type of accounting system which would tighten internal control and
simplify future audit s.
Councilman Holland moved that t~e City Manager proceed with the
work, payment to be made from the General Fund. Councilman Sundy
seconded the motion which carried unanimously.
Mrs. Woehle asked if t~e system would include Rules and Regu-
lations and Mr. Lawson replied that it would.
Mayor Strong stated she felt there should be a detailed audit
included in next year's budget and ~ointed out that the City Clerk
had. recently discovered a loan the Uity had obtained from the Federal
Government for sewer survey and plans and that there were no records
25, 1954
of the liability set up in the accounting department. She stated
a detailed audit would prevent errors of this type.
The City Manager stated the ~uit Claim Deeds for rights-of-way
on part of SW 7th Avenue had not yet been received and that a request
from Ira Holl&mon for a street light would therefore have to be held
in abeyance.
Mayor Strong stated she had been advised by the City Clerk that
a rock road constructed by Ozzie Youngblood on NW ?th Avenue had been
constructed on private property. ~he also advised that a sidewalk
had been removed in order to construct the street and the property
owner had been assessed for the sidewalk,
Mr. MacMillan stated that since the ,City was only involved'
in furnishing equipment to haul the rock, the City Manager and City
Clerk should investigate the situation and report to the Gouncll.
A letter was read f~om ~. R. Cons tans requesting a deViation
in set-back for part of the undeveloped property south of the Ken
Bacheller subdivision. Mr. Pruyser plans to construct new homes
in August and desires a deviation of a 30 foot set-back instead of
35 feet to allow more property in the rear of the home s.
Mr. Hughson explained that FHA and VA financing cannot be ob-
tained if houses are constructed in a straight row, therefore he
felt the deviation of a minimum of 25 feet should be allowed to
clarify the situation with regard to new subdivisions.
Councilman Holland m~ved that the request be referred to the
Planning Board. Councilman Sunc~ seconded the motion which carried
unanimously.
Mr. Holland also suggested the City Manager obtain an opinion
on set-backs for subdl~isions.
Mr. S. J. Bcobee presented a Sketch of a proposed addition to
the Scobee Funeral Home with a request for a set-back deviation.
After discussion the request was referred to t he Planning Board
upon motion of Mrs. Woehle, seconded by Councilman Sundy and unani-
mously carried.
The Council discussed a request of the ~ony League for certain
improvements being made to ~he baseball field. Councilman Holland
stated there would be three leagues requiring the use of the field
next year and he felt the changes would benefit all the boys.
Mr. MacMillan suggested that since the baseball diamond had
been changed several times the Council should obtain advice from
someone regarding a good location for the diamond.
The matter was turned over to the City Manager for study.
Mr. Lawson read a telegram received f~om the Palm Beach I~and
Owner,.s Association and the ~esources Development Board with regard
to a meeting to be held in Miami forths purpose of adopting a ~eso-
lution to change the proposed location of the Tu~npike. The Council
agreed to have ~r. Harry McKean represent the City at the meeting.
Mr. Lawson read a letter from Mr. Thomas Bruder expressing
his opinion as to allowing non-residents of Delray Beach being
appointed to serve on the Planning Board.
The City Clerk read the following ordinance to adopt the
Southern Standard Building Code:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ~ELRAY BEACH, FLORIDA, ADOI~ING
"SOUTHERN STANDARD BUILDING CODE", AS REVISED, AS THE
BUILDING CODE FOR THE CITY OF DELRAY BEACH, FLORIDA.
Upon motion of Councilman Holland, seconded by Mrs. Woehle
and unanimously carrie~ the ordinance was placed on first reading.
The following amended ordinance was read by the City ClefS:
¸89
ORDINANCE NO. 188
AN ORDINANCE AMENDING SECTION 2 OF EMERGENCY ORDINANCE
NO. G-l?8 OF THE CITY 0E DELRAY BEACH, FLORIDA, B~
PROVIDING MEMBERS OF PI~ANNING BOARD MAY BE PERSONS
HAVING PRINCIPAL PLACE OF BUSINESS IN DELRAY BEACH,
FL0 RI DA.
A motion was made by Councilman Holland, seconded by Council-
man Allen to place the ordinance on first reading. Upon call of
roll, Mayor Strong voted opposed and Council members Sundy, Holland,
Woehle and Allen voted in fawor of the ordinance.
Mayor Strong asked the City Attorney if the Council needed to
wait until second reading of the aboveo~inance before appointing
members to the Board and Mr. MacMillan advised the appointments
would have to b~ tabled until the second reading.
Mr. MacMillan read the following ordinance:
ORDINANCE NO. 189
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 15 OF CHAPTER XIV OF THE CITY CODE
OF THE CITY OF DELRAY BEACH, FLORIDA, BY PROHIBITING
THE KEEPING OF LIVESTOCK IN THE CITY LIMITS.
The ordinance was placed on first reading upon motion of
Councilman Holland, seconded by Councilman Allen and unanimously
carried.
Me. Worthing outlined the drainage assessment of Bill George
in 1949 for. work on SE 4th Avenue, stating a resolution had been
adopted for plans and specifications; an assessment roll had been
advertised; and a hearing held for objections. He stated theClty
Manager had recommended assessing only half of Mr. George's property,!
but that an ordinance was adopted approving the assessment roll,
showing the Council's decision that the objections of Mr. George ,..
were insufficient.
When asked by Councilman Holland if both sides of the street
had been assessed, Mr. Worthfng replied none had been skipped and
that Mr. George owns the property on both sides of the street.
The City Attorney advised the Council to leave the assessment
as it is.
A motion was made by Councilman Holland that, since there .was
no irregularity in the assessment, that it be left as it is. The
motion was seconded by Ccuncilman Allen and unanimously carried.
Bills in the amount of ~4~1, 934. 74 were approved subject to the
approval of the Finance Committee, upon motion of Councilman Allen,
seconded by Councilman Holland and unanimously carried.
A request from Ray_Ruffing to operate a d~y cleaning plant in
the west half of Bloc~ 82 was discussed. The Council asked Mr.
Ruffing to explain the type of cleaning equipment he would use and
he replied two washers approximately 30 x 36, three pressers, a
small flash type boiler of approximately 15 horsepower, with no
smoke, two tumblers, and two stretchers. When asked if he would
take laundry }ir. Ruffing replied he would but that it would not be
processed on the premises.
Mr. Ruffing stated he would use 140 flash cleaning flu~ and
the Fire Chief stated this would be safe but that the problem was
in the zoning of the property.
Mr. MacMillan suggested that Mr. Ruffing write a letter to
the City Manager outlining his machinery and equipment which would
be used, and that he in turn would give the Council a legal opinion
as to what would be permissable.
Mayor Strong asked the City Attorney for advice regarding the
City purchasing material and/or labor from a member of the Council.
Mr. MacMillan stated he would check the matter and advise the Ccuncil.
The City Clerk stated he mad had a request for a license
to operate a large dr.ug store with a package store next door,
in the west half of Block 82.
Hayor Stron~ expressed objection to any additional liquor
establishments being allowed in the City. Hr. HacHillan stated
that since that area is not liquor zoned, the request could be
denied.
Hr. Hughson advised the Council that the building in Block
109 which had been inspected and found to be unsafe, would be
removed in the near future, having been given to a colored person.,
Mr. MacHillan expressed his appreciation to Hr. Robert ~racey
his assistance in 'the matter. _
Hr. ~-awsc~ reported an estimate had been obtained of the
labor and pipe cost for installing a sprinkler system atthe ~oman's
Club. He stated it would be approximately ~170 or ~180.
Councilman ~undy moved thatthe City Hana~er proceed with the
work to install the sprinkler system. The motion was seconded by
Councilman Holland and carried unanimously.
The meeting then adjourned.
APPROVED:
.... l~ayor - - --
ATTEST:
City cie rk- u -