Loading...
03-09-53 MAROH 9TH, 1953 Regular meeting of the City Council of the City of Delray Beach was held at 7:30 P.M. in the Council Ohambers, with Mayor L. D. Kern in the Chair, and City Manager Robert Lovelace, City Attorney Nell E. MacMillan and the following Councilmen present: W. A. Jacobs, John N. Kabler, and Mrs. Alma K. Woehle, a quorum being present. Upon motion of Councilman Kabler, seconded by Councilman Jacobs, and unanimously carried, minutes of regular meeting held on February 24th, were approved as written. The following letter signed by Albert V. Pope and Lee S. Vance, requesting the rezoning of Lots 13 to 20, inclusive, Del- ray Manor Subcifision, from a Residence 'B' to a Residence 'C~ zone, was presented by Joe R. Kern, Realtor: 'aarch 9, 1 953 City Council of Delray Beach Delray Beach, Florida Gentlemen: SUBJECT: Request to rezone Lots 13, 14, 15, 16, 17, 18, 19 and 20 DELRAY MANOR ADDITION to Delray Beach IP1.Bk.12, Page 59) from present 'Be Residence Zone to CC' Residence Zone. REASONS: We desire to erect substantial, one family homes with a floor area exceeding the minimum requirements for ~'C' Zone, namely 650 square feet. We direct yo~r attention to the fact that under the provisions of 'B* zoning duplex's can be erected with the minimum requirement of 896 square feet and we feel the erection of one family homes is preferable to duplex construction in establishing the character of a desirable neigh- borhood. Secondly, inasmuch as the property North of the tract in ques- tion is zoned as 'Ce and the property South across Germantown Road is not at the present time zoned, we feel that our request is consistant with good City Planing. Lee S. Vance* Mr. Kern explained that Mr. Pope and Mr. V~ce planned to build small single family homes with less than 896 square foot- age, as required in a Residence 'B~ z~ne, but not duplexes, giving less intensive use of the land. A motion was made by Councilman Kabler, and seconded by Mrs.Woehle, to refer the above request to the Zoning and Planning Board for recommendation. Upon call of roll the motion carried. Mayor Kern, Mr. Kabler and Mrs. Woehle voted 'Yes. and Mr. Jacobs voted against the motion, stating that he was opposed to zon- ing down. Three proposed amendments to the ~City Charter, prepared by the City Attorney at the request of ~he Council, were filed as follows: NOTICE OF INTENTION NOTICE OF INTENTION TO APPLY TO THE LEGISLATURE OF THE STATE OF FLORIDA AT ITS 1953 SESSION, FOR ENAOTMENT OF A SPECIAL OR LOCAL LAW TO A- MEND THE CHARTER ACT OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTICE IS HEREBY GIVEN that pursuant to Article 3, Section 21 of the Oonstttution of the State of Florida and Section ll.02, Florida Statutes Annotated, and pursuant to directions given by a Resolution duly passed and adopted by the City Council of the City of Delray Beach, Florida, the City Council of the City of Delray Beach, Florida, by and through its attorney, will apply MARCH 9TH, 1953 to the Legislature of the State of Florida at its 1953 Session for the enactment of a special or local law, the substance of which is set out in the following title of the contemplated special or local law: AN ACT TO AMEND SECTION 136 OF !CHAPTER 25786, LAWS OF FLORIDA, SPECIAL ACTS OF 1949, RELATING TO THE ISSUANCE OF REVENUE CERTIFICATES BY THE CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION, BY PROVIDING THAT SUCH REVENUE CERTIFICATES AS MAY BE AUTHORIZED AND ISSUED BY SAID MUNICIPAL CORPORATION SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING TEN (10) YEARS FROM THE DATE OF THEIR ISSUANCE. Notice is also given that c copy of said contemplated spec- ial or local law is available at the office of the City Mare get of the City of Delra~ Beach, Florida, and at the office of the City Attorney, Neil E. MacMillan, Love Building, City of Delray Beach, Florida, for the inspection of all parties interested in said Act, proposed to be introduced for passage in the 1953 Florida Legislature. 'CITY OF DELRAY BEACH, FLORIDA BY: /S/ L. D. Kern Mayor ATTEST: /S/ ~u~h_ R. Smith CitYOlerk /S/ Neil E. MacMillan Attorney at Law Love Building Delray Beach, Fla. ( SEAL ) to be published Mar~h 12, 1953 NOTICE OF INTENTION NOTICE OF INTENTION TO APPLY TO THE LEGISLATURE OF THE STATE OF FLORIDA AT ITS 1953 SESSION, FOR ENACTMENT OF A SPECIAL OR LOCAL LAW TO AMEND ~HE CHARTER ACT OF T HE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTICE IS HEREBY GIVEN that pursuant to Article 3, Section 21 of the Constitution of the State of Florida and Section ll.02, Florida Statutes Annotated, and pursuant to directions given by a Resolution duly passed and adopted by the City Council of the City of Delray Beach, Florida, the City Council of the City of Delray Beach, Florida, by and through its attorney, will apply to the Legislature of the State of Florida at its 1953 Session for the enactment of a special or local law, the substance of which is set out in the following title of the contemplated special or local law: AN ACT TO AMEND SE~TION 1~3 OF CHAPTER 25786,LAWS OF FLORIDA, SPECIAL ACTS OF 1949, RELATING TO THE HOLDING OF GENERAL AND SPECIAL ELECTIONS FOR THE OFFICE OF CITY COUNCILMAN IN THE CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION BY PRO- VIDING THAT IN THE ODD NUMBERED YEARS WHEN THREE (3) COUNCILMEN ARE TO BE ELECTED, IF NOT MORE THAN SIX (6) CANDIDATES QUALIFY FOR THE PRIMARY ELECTION, AND IN TH~J EVEN NUMBERED YEARS WHEN TWO (2) COUNCIL- MEN ARE TO BE ELECTED IF NOT MORE THAN (4) CANDI- DATES QUALIFY FOR THE PRIMARY ELECTION, THEN IN SUCH EVENT THE HOLDING OF A PRIMARY ELECTION SHALL BE DISPENSED WITH, AND ALL CANDIDATE~ DULY QUALI- FIED SHALL BE DECLARED THE NOMINEES AND ENTITLED TO HAVE THEIR NAMES PRINTED ON THE GENERAL ELEC- TION BALLOT. MARCH 9TH, 1953 Notice is also given that a copy of said contemplated spec- ial or local law is available at the office of the City Manager of the ~City of Delray Beach, Florida, and at the office of the Cit~· Attorney, Neil E. MacMillan, Love Building, City of Delr~ Beach, Florida, for the inspection of all parties interested in said Act, proposed to be introduced for passage in the 1953 Florida Legislature. CITY OF DELRAY BEACH, FLORIDA BY: /S/L. D. Kern Mayor ATTEST: /~S/..Ru.t...h R. Smith City Clerk /S/ Neil E. MacMillan Attorney at Law Love Building Delray Beach, Florida (SEAL) TO BE PUBLISHED March 12, .1953 NOTICE OF INTENTION NOTICE OF INTENTION TO APPLY TO THE LEGISLATURE OF THE STATE OF FLORIDA AT ITS 1953 SESSION,FOR ENACTMENT OF A SPECIAL OR LOCAL LAW VALIDATING ALL ORDINANCES OF THE CITY OF DELRAY BEACH,PALM BEACH COUNTY, FLORIDA. NOTICE IS HEREBY GIVEN that pursuant to Article 3, Section 21 of the Constitution of the State of Florida and Section 11.02, Florida Statutes Annotated, and pursuant to directions given by a Resolution duly passed and adopted by the City Council of the City of Delray Beach, Florida, the City Council of the City of Delray Beach, Florida by and through its attorney, will apply to the Legislature of the State of Florida at its 1953 Session for the enactment of a special or local law, the substance of w~ich is set out in the following title of the contemplated special or local law: AN ACT RATIFYING, VALIDATING AND CONFIRMING ALL 0RDINAN~ES OF THE CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION, HERETOFORE PASSED. Notice is also g~Ven thatacopy of said contemplated special or local law is available at the office of the City Manager of the City of Delray Beach, Florida and at the office of the City Attorney, Neil 2. MacMillan, Love Building, City of Delray Beach, Florida, for the inspection of all parties interested in said Act, proposed to be introduced for passage in the 1953 Florida Legislature. CITY OF DELRAY BEACH, FLORIDA A~ayor ATTEST: /S/ _R_uth R._ Smith City Clerk /S/ Neil E. MacMillan Attorney at Law Love Building Delray Beach, Florida ( SEAL ) TO BE PUBLISHED marchl2, 1953 MARCH 9TH, 1953 Notices of Intention, to be published once in the local newspaper before being introduced to the Legislature, and Notice calling a Public Hearing to be held on March 23rd, to receive objections, if any, to the above proposed Charter amendments, were filed by the City attorney, and the following Resolution was introduced: RESOLUTION NO. 893 RESOLUTION APPROVING PROPOSED SPECIAL OR LOCAL LAWS AND AUTHORIZING PUBLICATION OF PROPER NOTICES. WHEREAS, the City Council of the City of Delray Beach, Flor- ida, have heretofore authorized the City Attorney to prepare certain proposed Special or Local Laws for submission to the 1953 Session of the Legislature, and WHEREAS. same have been prepared and do meet the approval of the City ~ouncil, NOW, THEREFORE, BE IT RESOLVED: 1. That the following proposed Special or Local Laws, as hereinafter described' by their caption, be and the same are ap- proved, subject to Public Hearing, hereinafter provided for: (a) AN ACT TO AMEND SECTION 143 OF CHAPTER 25786, LAWS OF FLORIDA, SPECIAL ACTS OF 1949, RELATING TO THE HOLDING OF OENERAL AND SPECIAL ELECTIONS FOR THE OFFICE OF CITY COUNCILMEN IN THE CITY OF DELRAY BEACH, FLORIDA, lA MUNICIPAL .CORPORATION BY PROVIDING THAT IN THE ODD NUMBERED YEARS WHEN THREE (3) COUNCILMEN ARE TO BE ELECTED, IF NOT MORE THAN SIX (6) CANDIDATES QUALIFY FOR THE PRIMARY ELECTION, AND IN THE EVEN NUMBERED YEARS WHEN TWO (2) COUNCILMEN ARE TO BE ELECTED IF NOT MORE THAN FOUR (4) CANDIDATES QUALIFY FOR THE PRIMARY ELECTION, THEN IN SUCH EVENT THE HOLDING OF A PRIMARY ELECTION SHALL BE DISPENSED WITH, AND ALL CANDIDATES DULY QUALIFIED SHALL BE DECLARED THE NOMINEES AND ENTITLED TO HAVE THEIR NAMES PRINTED ON THE GENERAL ELE~TION BALLOT. (b) AN ACT TO AMEND SE~TION 136 OF CHAPTER 25786, LAWS OF FLORIDA, SPECIAL ACTS OF 1949, RELATING TO THE ISSUANCE OF REVENUE CERTIFICATES BY THE CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION, BY PROVIDING THAT SUCH REVENUE CERTIFICATES AS MAY BE AUTHORIZED AND ISSUED BY SAID ~UNICIPAL CORPORATION SHALL MATURE AT SUCH TIME OR TIMES NOT EXCEEDING TEN (10) YEARS FROM THE DATE OF THEIR ISSUANCE. (c) AN ACT HATIFYING, VALIDATING AND CCNFIRMING ALL ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, A MUNICIPAL CORPORATION, HERETOFORE PASSED. 2. That the City Attorney be and he is hereby authorized and instructed to publish Notice of Intention to submit said proposed Bills to the 1953 Session of the Legislature, as requir- ed by State Law. 3. That notice of Public Hearing, as required by Section 191, of the City Charter of Delray Beach, Florida, be published by the City Attorney, designating Monday, March 23, 1953 at the hour of 7:30, or thereabouts at the Regular Meeting of this Council as said hearing date. PASSED this 9th day of ~arch, 1953, by the City Council of the City of Delray Beach, Florida. ~S/ L. D. Kern Mayor ATTEST: /$/,,, R,uth R. Smith City Clerk ( SEAL ) MARCH 9TH, 1953 Upon motion of Councilman Kabler, seconded by Councilman Jacobs, and unanimously carried, the foregoing Resolution No. 893 was adopted. The following recommendations of the Zoning and Planning Board were then read: 'February 21, 1953 Members of the City Council Delray Beach Florida Gentlemen: The Zoning and Planning Board has held two hearings on the request filed by Mr. C. W. Hill to rezone the east one-half of Block 33 from a ~esidence #1 to a Residence ~2 ~istrict, to allow the construction of duplex buildings, and we make the following recommendations: 1. That the request of Mr. Hill be denied. 2. That a new classification be created, to be known as "Residence District 'iN', to allow only single family residences, but with 896 square feet of floor space; and the following properties to be rezoned as - Residence "A" W. 1/2 of Model Land Co's Lot 12, Section 8, Twp. Section 8, Twp. 46 S., Range 43 E. _Residence #1N Ail of that area lying west of N.W. 2nd Ave., less the E. 135', to State Road #9 R/W, and north from N.W. 2nd Street to N.W. Sth Street, less~the south 150' thereof. The Zoningand Planning Board also met to consider the granting of a ~pecial Permit to Mr. Robert Fleming to erect a car-shelter on his property which would be in violation of set- back regulations, and we recommend that this request be denied. Very truly yours, D.B.Zoning and Planning Board By: _/S/ _Kenneth ~acobson Ohairman~ "Councilman Jacobs objected to the designation of a new District as "i'N eNegro~ section. City Manager Lovelace explained that the effect would be to zone all land north of N.W. 4th Street as Residence 'A", and create a higher colored residential District south of 4th Street than now exists. Mr. Lovelace also advised that the City Charter provides that a request for a change of zoning must be first filed with the Council and then referred to the Zoning and Planning Board for recommendation back to the Council. As this recommendation for changes in classification had originated with the ~'oning and Planning Board, he suggested that it now be referred to the Board in order to validate the procedure, and ask them to re- confirm their report on the basis of hearings they have already held. Councilman Kabler contended that the white section adjoin- ing the colored section should not be zoned as a Residential District, and the :Council agreed. After discussion, a motion was made by Councilman ~abler and seconded by mrs. Woehle that the recommendation to deny the MARCH 9TH, 1953 request of Mr. C.W. Hill with reference to rezoning Block 33 to allow the construction of duplex buildings be approved. Upon call of roll the motion carried unanimously. Councilman Kabler then moved that the rezoning of the W. 1/2 of Model Land Company's Lot 12, and all of Lot 5, section 8, be referred back to the Zoning and Planning Board, with the sugges- tion that the zoning of this land be raised to Residence "B", as the Council felt it would not be suitable as a highly restrict- ed residential area because of its proximity to the colored sec- tion. The motion was seconded by Councilman Jacobs, and upon call of roll carried unanimously. A motion was then made by Councilman ~abler that the re- zoning of that area lying south of N.W. ~th Street, namely land west of N.W. 2nd Ave., less the E. 135, between ~.W. 2nd and 4th Streets, extending west to the R/W of State Road No. 9, lessthe So. 150' thereof, be referred to the Zoning and Planning Board. The Council requested that an existing classification be used if possible, or that a symbol other than ml-N* be used, if a new classification is recommended. The motion was seconded by Mrs. Woehle, and upon call of roll carried unanimously. A letter from Attorney Geo. B. ~ehlman, representing K~ 's Art Gallery, was read by the City Manager, as follows: ° t~arch 4, 1953 Mr. R. A. Lovelace City Manager Delray Beach, Florida Dear Mr. Lovelace: Mr. Herman Kimmel who operates t he Kay's Art Gallery in Delray Beach has asked me to write to you with regard to Ordinance No. G-66 (As Amended). Particularly, Mr. Kimmel is concerned with Section 11 of this Ordinance which specifies the hours during which the gallery may be kept open. Until now no objection has been voiced to this Ordinance because no attempt has been made to require the Gallery to close down at 11:00 P.M. But apparently now someone on the City Commission is requiring the Chief of Police to enforce this provision of the Ordinance and Mr. Kimmel has been informed that this section of the Ordinance will be enforced. Mr. Kimmel therefore requests that we be allowed to be heard on this matter before the City Council so that we can show to the Council the unfairness of this particular provision of the Ordinance and also other unfair provisions of the same ordinance. I would therefore appreciate it very much if you would set this matter on the agenda for the coming meeting of the Commission on Monday, t~arch 9th, and advise me so that we may be present to be heard on this matter. Very sincerely yours, /$/ George ~. Mehlman" Attorney Mehlman was present at the meeting, and addressed the Council. He stated that he was objecting to p. rovisions con- tained in Sections 11 and 18 of Ordinance No. G-66, as amended, which regulates the operation of Auction Sales. Mr. Mehlman explained that this Ordinance provides that if provisional sales are made, the auctions may stay open until 11 o'clock P.M., however this section has not been enforced up until the present time. Understanding that it will be enforced in the future, he had come before the Council to file a protest on be- half of his client. He cited similar cases which have come up in the Courts, when the Judges have ruled that when a provisional type of sale is conducted, the hours of such sales can not be regulated unless other businesses are also regulated. ~hen the Auctioneer agrees that merchandise may be returned tithin thirty MARCH 9TH, 1953 days and money refunded, no fraud can be committed, and from a legal standpoint the regulating of hours is not consistent. Attorney Gringle appeared before the Council, as a private citizen, and presented receipts for merchandise which had been given to customers by Kay's Art Gallery, on which it had not been stated that such merchandise might be returned within thirty days if found unsatisfactory, and the buyer's money would be refunded. He claimed that this Auction House was therefore operating in violation of ~City Ordinance No. G-66, as amended, and asked the Council to take official recognition of the~ fact that Section 18 of this Ordinance is being willfully violated. Attorney Mehlman took exception to this charge, stating that the only issue at th~s meeting was the determinatic~ of the reasonablemess of the 11. o'clock closing hour,~ and that any other complaint should be argued in Court. Mayor Kern then suggested that Mr. Mehlman also argue his grievance in Court, and upon motion of Councilman Kabler, seconded by Mrs. Woehle, and unanimously carried, the petition filed by Mr. Kimmel, operator of. Kay's Art Gallery, through his Attorney, Mr. Geo. Mehlman, that the hours for conducting auction sales in the City be extended beyond 11 o'clock P.M., was denied. Councilman Jacobs, however, did state that in his opinion it is unfair to ask auction sales to close at 11 o'clock P.M. if other businesses are allowed to r amain open. An agreement with the Florida East Coast Railway Co'. with reference to water pipe lines crossing the F.E.C. Railroad right-of-way, at N.E. llth Street and S.E. 10th Street, was presented for approval, having been approved by the ~'City Attorney, and the following Resolution was introduced: RESOLUTION NO. 894 Upon motion duly made and seconded, the' following resolU- tion was unanimously adopted: BE IT RESOLVED by the City Council of the City of Delray Beach, a Florida municipal corporation, as follows: (1) That the City of Delray Beach, a Florida municipal corporation, does hereby contract and agree to enter into an agreement with Scott M. ~.oftin and JohnW. Martin, as Trustees of the property of FloridaEast Coast Railway Company, and not individually, wherein and whereby the said City of Delray Beach is given the right and privilege to install~ maintain and use two subgrade water pipe line crossings at NE llth and SE 10th Streets in the City of Delray Beach, Florida, all as more par- ticularly described in the agreement attached hereto and by refer- ence hereto made a part thereof; and all as more fully described and under the further terms and conditions each and every in copy of proPosed agreement now on file with the City Council of the City of Delray Beach, and by reference thereto made a part here- of. (2) That the Mayor, with the attestation of the City Clerk, be and they are hereby authorized and directed to exe- cute said agreement for and on behalf of said City of Delray Beach, Florida. (3) ihat this resolution shal 1 t aka effect immediately upon its passage. PASSED AND ADOPTED this 9th day of March, 1953. L.D. Mayor '" ATTEST: /S/~..Ruth R. Smith City ~¢l~rk ( ) MARCH 9TH, 1953 Upon motion of Councilman ~acobs, seconded by Councilman Kab- let, and unanimously carried, the foregoing Resolution No. 894 was passed and adopted as read. City Manager Lovelace advised the Council that bids had been received at noon on March 6th, 1953, and had been opened by him, Witnessed by the City Clerk and Mr. ~. D. Worthing, the Tax Assess- or, which, he had tabulated as follows: Ord.G.147 OWNER LpT & B,LK N0. Seo.Vio~l SNOW DeCARRZ.E Mrs. Tillie Ooldberg 18 & 19 3 $75.00 $50.00'*~ $135.00 3770 Harper Ave. $sceola 13 Detroit 11, Mich. Frederick C.Muddiman S.5.5' of lot 7 & 1st Na~'l Bank all of lot 8,N. Hollywood,Fla. Ocean ~eachlot s 3 500.00~ N.B. N.B. S.33.3 of 11 - Seabreeze & all of 10 1 & 3 50.00 N.B. N.B. Carolyn Kraus S.25' of 8 - Seabreeze Box 1065 all of 7 1~~& 3 N.B. 50.00 N.B. Delray Beach, Betsy Bond 3 & 4 Rt. 1 Blk. 61 3 75.00~ N.B. N.B. Delray Beach,Fla. Ervin A.~ieberman 12 6213 Girard Ave. Oaceola 10 3 45.00 20.00 75.00 ~incinnati,Ohio Gilbert Small 7 & 8 62 Lennox Ave. Blk. 46 3 N.B. N.B. 425.00 Providence,R.I. W.Scott Pearsol 1 & 2 Sheraton Plaze 0sceola 5 1 & 3 N.B. 40.00 140.00 Daytona Beach,Fla. John L.Galli 21 & 22 Box 594,City 0sceola 8 1 & 3 100.00 70.00 150.00 Melvin B.& Edith Denend 1 340 Van Buren Dr.RFD 5 0sceola 9 1 & 3 65.00 35.00 ~ 75.00 Huntington, N.Y. Mrs. N.L.Bos twich 22 Box 164 0sceola 6 1 & 3 50.00 25.00 75.00 Jacksonville ,Fla. Recommendations are as follows: (1) That a contract in the amount of $625.00 be mtered into with the Snow ~onstruction ~Company for the Clearing of those lots listed above on which the Snow Consturction ~ompany waslow bidder; (2) That a contract in the amount of $290.00 be entered into with E. Deistic & Sons for the clearing of those lots listed above on which E. DeCarrie ~ Sons was low bidder; (3) That all other bids be rejected ongrounds that prices quoted are und~ty high. Mr. Lovelace stated that owners of all lots on this list had been given at least ninety days notice in which to clear the lots themselves, whereas only thirty days notice is required, and that a return registered receipt is on file in the City Clerk's office covering each lot listed. Mrs. Woehle and also mr. Jacobs, protested against clearing the lots completely, if valuable shrubbery or trees might be exist- MARCH 9TH, 1953 ing there. ~ouncilman Kabler then suggested that a qualified Nurseryman be employed to check each lot and tag the tree or shrubbery which should be left. This would accomplish the pur- pose of the City in clearing the lots, and also protect the Coun- cil by not removing trees whicha re not detrimental. This recommenda- tion was agreeable to the Council, and the City manager agreed to contact a Nurseryman to go over. each lot and identify by a conspic- uous mark, the plants or trees which should be preserved. A motion was then made by ~ouncilman ~abler and seconded by Mrs. Woehle, that the City Manager's recommendation as to awarding of contracts for clearing certain lots be accepted, based upon the inspection of all properties by a qualified Nurseryman, and the tagging of such shrubbery which is valuable and should be preserv- ed, and also as to the reasonableness of the prices quoted. Upon call of roll the motion carried unanimously. 'Councilman Jacobs especially requested that a mahogany, tree on the lots owned by Mr. Sco~tt Pearsol, Lots i and 2, Block 5, Osceola park, b.e left undisturbed. Upon motior~ of Councilman Kabler,~ seconded by Mrs. Woehle, and un.animously~carried, bills totaling $59,797.03 we_re approved for payment, subject to tthe approval of the Finance Oommittee. The. meeting then adjourned. c~ty Clerk APPROVED: