03-26-51 A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.M. ~A th Mayor
J. L. Saunders in the Chair, and City Manager Charles E. Black,
and the following Councilmen present: R. J. Holland, John N.
Kabler, and Walter A. Roth, a quorum being present·
The minutes of the meeting held March 12 were approved as
written·
Mr. Rhea ~itley, attorney for Robert Totterdale, discussed
a tentative plat of Totterdale addition and was authorized by
the Council to prepare a Legislative Act to annex the land, to
be approved by the City Attorney with the following prov~isions:
a. Ail property to be zoned as Residence A District
·
b. Mr. Totterdale to install water mains according
to City requirements, which will become property
of the City.
c. Taxes to be ~300.00~per year for a five year
period, or' until 605 of the lots are sold, which-
ever is soon.re
d. No millage for bonded indebtedness.
e. Developer to provide a 50' street through to High
Acres 2nd Addition on the north, a 25' street at
the west end of N.W. 13th St. for access to Lake
Ida, and pave streets according to City specifica-
tions.
Councilman Roth made a motion, seconded by Councilman Holland
to approve the plat· The motion carried unanimously.
The Council then discussed the height of a hedge, north of
Lot 15, Block 107 'at 128-130 No. Federal Highway. Mr. Carl Beck
addressed the Council stating the hedge extends from the store
building and is a hazard. He asked why a building has to be set-
back and a hedge is allowed out to 'the sidewalk.
Councilman Kabler stated there is no ordinance that set backs
will be kept clear and that this should apply only to business
property.
Upon motion by Councilman Kabler, seconded by Councilman
Roth, the City Attorney was instructed to draw up an Ordinance
to provide for the keeping of set-backs clear in business dis-
tricts. The motion carried unanimously.
The following letter was read and discussed:
February 15, 1951
City Council
City of Delray Beach
Florida
Re: Margaret Ann Grocery
MARCH 26, 1951
the two five acre tracts owned by the city, as indicated on t~e
enclosed map of Section 17, Township 46 South Range 43 East,
are for sale, and, if so, the price for which the city would be
willing to sell said tracts.
Very trB. ly yours,
¢
BYRD & WHITLEY
· By Rhea ~hitley
R~/ga
It was~ reported that one tract is now being used as a gar-
'b'.age disposal~ at present and one is unused and that it is an
established policy not to sell City land.
Councilman Kabler made a motion seconded by Mr. Roth that
the City refuse to sell the two tracts. After roll call the
motion carried unanimously.
The Council then discussed payment of 1951 dues for the
Plorida League of Municipalities memberships. It was stated the
dues have been increased from ~100 to ~250, apparently based on
population. 2.ayment of the 1951 dues was authorized.
Councilman Kabler moved the bill be approved for payment and
Councilman Roth seconded the motion. After call of roll Mayor
Saunders voted against the bill and Councilmen Holland, Kabler
and Roth voted in favor of it.
A request from Jake Webb followed, for the City to help in
preparing the diamond ball field for games. The Council agreed
to fill up the ditch, cut the out-field grass, and to help with
bleachers. The motion was made by Councilman Kabler, seconded
by Councilman HOlland, and carried unanimously.
The Building Inspector reported on a request from Mrs.
Klingler, owner of Lot 7, Block 1, Hofman Village, to erect an
awning car porte. Councilman Kabler made a motion that the re-
quest be referred to the Z6ntng Board. The motion was seconded
by Councilman Roth and carried unanimously.
A request from W. C. Burton to remove an existing building
on Lot 6, Block 2, Ocean Park to build two duplexes on Lots 4,
5, and 6, was approved upon motion by Councilman Roth and sub-
Ject to final approval of the Building Inspector. The motion
was seconded by Councilman ~o~lland and carried unanimously.
Referring to Mrs. K~ingler's request for a temporary permit,
Mr. Black stated that construction of car portes have been
allowed on a temporary per~dt without being referred to the
Zoning Board.
Mr. E. W. Ennis' request to build a ahowroom and warehouse
on ~ots 4 and 5, Block 1, Sophia Frey subdivision followed.
MARCH 26, 1951
clude the costs of items other than construction and allowance
should be made for the cost of land acquisition, legal, financ-
in~ engineering, and administration expense as well as for
interest during construction of the project if it is to be
financed on a revenue basis.
This estimate covers the entire scope of work for which
lans and specifications were prepared. In the event that the
ity could determine that a portion of the work could be de-
ferred in the initial step, the cost would be dorrespondingly
reduced. The design work includes approximately:
104,000 l~n ft. gravity sewers, 8" to 30" in size
11,000 lin ft cast iron pressure sewers
350 man hole s
7 sewage pumping stations
1 MGD treatment plant
Please call on us for any further information or assi stance
which we can re,der in this matter.
With kind regards,
· ~ Yours very truly,
SMITH AND GILLESPIE
/s/ ~Ylie 9. Gillespie
WWG :m ~
Mayor Saunders stated that the State Board of Health urged
this project be placed on improvement list as No. i and that.
he was a~raid the estimate is low.
Councilman Roth stated the President of the Chamber of Com-
merce had suggested that the City draw up a list of improvements
they need and get a reaction of their committees and help from
Civic organizations in their promotion. ~ ~
Councilman Kabler suggested having a conference with Smith
and Gillespie to go into the actual costs, etc. Councilman
Kabler made a motion that the City Manager arrange an appointment
with the Council and Engineering firm of Smith and Gillespie to
discuss further details of sewerage disposal pro Ject. Councilman
Roth seconded the motion which carried unanimously.
The Council discussed a report from the Insurance Committee.
Councilman Holland moved that the City Manager take the present
insurance program setting forth what we now have and their recom-
mendation and its coverage and cost, and pick out what is most
essential and what the City can pay for. The motion was seconded
by Eeuncilman Kabler and carried unanimously.
Mr. E. W. Ennis reparted that the Co~tractor's A~sociation
MARCH 26, 1951
ORDINANCE NO. G-119
AN ORDINANCE OF THE CITY COUNCIL OF THE C~TY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 18 OF
CHAPTER XIII OF THE CITY CODE, REGULATING THE
SALE OF INTOXICATING LIQUORS, WINES OR BEERS
WITHIN THE CORPORATE LIMITS OF SAID CITY WITHIN
THREE HUNDRED FEET OF ANY ESTABLISHED SCHOOL OR
CHURCH, AND PROVIDING EXCEPTIONS THEREFOR.
Counc~.lman Roth moved the Ordinance be placed on first
reading. Councilman Kabler seconded the motion which carried
unanimou sly.
The following letter was t~en read as follows:
26 March 1951
To The Mayor and City Council
City of Delray Beach
Gentlemen:
Your Zoning Board met in Public Hearing on March 15, 1951 at
2 P M with the following members present: Kenneth Jacobson,
King Cone and Dorothea Galvin.
The first request considered was that of Mr Harper D Le Bel
for the rezoning from Apartment to a General Business Zor~
Lots 18, 19, 20, 21 and 22
Block 89, Delray Beach, Fla
This property ~ adjacent to the F E C Railroad on the east and
adjoins a General Business Zone on the south; and there were no
objections registered from the property owners affected.
We therefore recommend that this request be grantec~
The request from You to reconsider the request~fo~?~the rezoning
of Lots 7 and 8 of Block 75
Delray Beach, Florida
from Apartment to a Limited Business Zone was discussed next.
~lthough there were overwhelming objections from the surrounding
property owners, we believe that the normal and logical use of
the property is business.
After inspecting the map we find t~at there is a forty foot right-
o-way for NE 1st Avenue along Block 75, the jog being on the east
side of the Avenue.
We the~efore recommend that after the City is given a deed for the
MARCH 26, 1951
12 feet deep, with one-foot overdept allowamce in soft material
and one-foot required overdept and one-foot additional allowable
overdept in rock. Thus the dredging may be actually carried to
adept of more than 14 feet where rock is encountered. In view
of this it is considered that pipe lines and similar installations
should be placed so that their uppermost part is at least 18 feet
below the plane of mean low water.
Your attention is also invited to the inclosed print of a
sketch dated 4' January 1935 (incl 2) submitted by the City of
Delray Beach, showing the profile of the water main under dis-
cussion, as actually laid.
Your attention is further invited to the requirement that
an application for permit be made by you, with appropriate
drawing, sho~Ang the pipe line as required in view of the above-
described dredging.
FOR THE DISTRICT ENGINEER:
Sincerely yours,
A L McKnight
2 Incls Chief Operations Division
1. Print, 1 sheet file 8P-15573
2. Print, 1 sheet, profile o~
water main 1-4-35
(May 11, 1936 15-16' 207' full depth)
Mr. Moore stated he had not hazard from the County Commission
as to who the expense would be charged to but that they should
have an answer by the next Council meeting.
Mayor Saunders discussed with the Council the problem of
traffic congestion at the corner of Atlantic Avenue and 3~d Ave.
Councilman Holland stated he thought it should be one way traffic
going south. Councilman Kabler stated parking co uld be prohibited
on both sides, and suggested referring it to the Traffic Committee
for recommendation.
Councilman Kabler made a motion that the Planning Board as
existing now be dispensed with and the d~ties of the Planning and
Zoning Board be taken over by the present Zoning Board. Council-
man Holland seconded t~ motion which carried unanimously.
A letter of resignation from C. E. Black as City Manager was
then read. Councilman Kabler moved that the Council accept t~
resignation of Mr. Black under the conditions outlined and
with sincere thanks for hi s efforts in promotion Delray Beach.
The motion was seconded by Councilman Holland and carried unani-
mousl y.
The meeti~g then adjourned.
(Taken from notes of Mrs. Smith's)