04-11-50 April llth, 2~0
Regular meeting of the City Council of the City of
belray Beach was held in the Council Chambers at 7:30 p.
with Mayor John N. Kab!er in the chair, and the City Attorney
John M. oore, City ~,~anager ~hss. E. Black, and the following
Oouncilmen present: R. J. Ho~l~nd , W. A. Jacobs, Walter
Roth and J. I,. Saunde~:s, a ~uorum being present.
Y.~nutes of the meetings of I;~arch 28th and 31st were
approved as wri-tten.
The improvement of S. W, ~th Avenue, from the cemetery
south to Germantown Road, was discussed. It was explained
by the ~City ]4~nager that this was not the main access to the
Cemetery, and the~e is only one house on the Street. _He estima-
ted the cost of filli~'.g the deep holes to m~ke it passable
~ould be approximately ~ ~i0.C0, and he was authorized to procced
with such improvement.
Requests for the installation for a Street light at
the corner of ~¥~elaleuca Ro~a, ~-~d Oleander Drive in Seagate,
signed by three property owners, were filed. ,City ~anager
Black explained that two new houses had been completed in
that area, and surrounding lots weregrownup with trees and
brush. He felt the light was needed, although it would require
one more pole.
lV~r. Black also recommended the installation of a street
light at the corner of Nassau and Gleason Streets.
Upon motion of $ouncilman Saunders, seconded by ~ounc]!-
man Holland, unanimously c~rried, these two street light install-
ations were approved.
l'~r. Dewey ~;~orris appeared before the Council with refer-
ence to the paving of N. E. 1st Street abUtting his property
in Block 7~. He complained that the curb had been p!ac~d 6" on
his ~roperty, and !]~"' below his yard and driveway. T~e sidewalk
had also been removed, he stated, and would not be replaced unless
he gave 3r' more of his property, and h~ would the be assessed for the
cost. He felt the ~City should m~ke some adjustment wlt],, him.
The matter was referred to tl~e Fact Finding ~ommittee, and
an appointment was made for this ~om, 2~ittee to meet with
on his property? at ~:30~. m. on April ].2th, to work out ~ solution
to the problem.
Y,r. H. V. Pope, of the firm: of Pope & Blake, Architects,
asked approval of tentative plans for an addition to the Flagler
Apartments, located on Lots 3 and [~, Block 2 in Seagate, on
r~ W
South Ocean Blvd., .1~ e plans sho ed the addition of a pent-
house to the ex~sting buildingand also a penthouse on the
proposed new building, which would be north of the swimming
pool, with parking space provided east of the property.
The parking space, however, as shown, would be on the
right-of-way of Ocean Boulevard which has not been paved, and
not on the property itself.
City Manager Black explained that parking for each
apartment, off the street, is required, and also that zoning
restrictions st that location would allow only a two story
building.
~r. Pope contended that this parking space requirement
was unreasonable, an5 would discourage the building of apart-
ments. Hq also stated that Mrs. Helm, the developer of Sea-
gate Subdivision, had approved the proposed construction
of the penthouses.
_~e Council felt that the ordinance requiring apartment
owners to provide parking space should be enforced, as parking
is becoming congested in apartment districts, and Mr, Pope was
asked to revise his plans to show sufficient parking space
on the property itself, off of the Street right-of-way, before
any action was taken by the Council.
City Attorney Moore also requested that actlon be de-
ferred on the approval or disapproval of penthouses, to allow
him time to check the Legislative Act annexing Seagate Section.
A, which included a provision that buildings could not be over
two stories ~in height.
William Robinson, together with the Y. inister of the Mt.
Olive Church, in the 6olored section, appeared before the Council
with reference to paving liens ssssssed against the Church
property located on Lot 7, Block 28. They stated that the liens
to date amounted to ~ ~3.1~ and interest ~ 29.13, and asked
the Council to w~ivethe interest due.
Upon advice of the git,~ Attorney that the ~ouncil had
no authSrity to waive interest on improvement liens, the
reouest was denied.
The following letter from the Zoning Board was read:
( Here appears copy of letter
Recommendations of change
zoning in Block 12~ and Block 7~)
~embers of the City ~Council
Delray Beach,
Florida
Gentlemen:
Public hearings were held yesterday afternoon
on requests for rezoning, and ~he Zoning Board
makes the following recommendations:
1. In view of the over-whelming protest~
against the rezoning of the S. ~- of
Lot 3 and all of Lots 4, 5, 6, and 7
in Block 12~$, from an apartment District
to a Limited Business District, to permit
the construction of a Theater, and con-
sidering the fact that there is so much vacant
property already zoned for business purposes,
the Board recommends the disapproval of this
application for rezoning.
2. With reference to the rezo~ing of Lots 7
and 8, Block ?~, from an Apartment to a Business
District, in consideration of the objectf_ons
filed by property owners in that vicinity,
and also the withdrsl of the request by
one of the two petitioners, the Zoning
Board recommendsthat this request be denleU.
Very truly yours
Kenne ~h Jacobson
RS :Chairman Zoning Board.
A motion was made by Councilman Jacobs that action on
both recommendation be deferred fortw¢', weeks, until the next
regular meeting of the Council. Councilman Holland seconded the
motion , which carried unanimously.
Y~r. W. J. Bauer, a property owner On N. E. 7th Ave.,
protested this action of th Council, st. sting that a bee-ring by
the Zoning Board twenty property owners were against the rezoning
of part of Block 124 as a B~siness District, and only t~ree
or four were in favor of the re.zoning. In view of such over-
whelming opinion, he could see no reason for not approving the
recommendation of the Zoning ~oard that the reeuest for rezomfing
be denied.
Other owners of property in t~:at vicinity urged the
Council to approve 'the reco~mmendation of the Zoning :~oard at
this meeting.
??.~e council felt, however, that it shou].~ investigate
both sides of the questio.,~ more thoroughly.
Coumcilman Jacobs then amended bis motion to read as
follows: T~at action be deferred o~ the recommendations of
Zoning Board for two weeks, and perso.,~s notified of the Zoning
Board hearing held on April 10th, be notified of the meeting
of the Council when this rezoning will be considered. This motion
was seconded by Cou~cil~,an Holland an~ u_~anlmously carrie~.
I~]iss Dorothea Galvin asked if she was correct in understanding
that only emergency matters could be deferred to the %oning Board
between ~.~ay let and December let, and that ar~ emergency
change of zoning would affect the City as a whole, and ~ot any
one section.
C~ty Attorney ~'k~ore advised her that was according to
the City Charter, and assured her that the Council had not
and would not violate the Charter.
~iss Gslvin stated that too m~ny zoning changes h~.~<~ been
made in the summer when people were not in the City, and
that as Secretary of the Beach Taxpayers Leagoe, she w~s
insisting on protection against changes in zonin~ this
5~a'yor Kohler advised
~,,,~, Galvin that he would ask the
'~ '- At w?ite her ~. letter of exp~
~ty toe'ney to ._s.~at!on of the
method of ha~dling emergency matters in tl'~e s~nmer, and at her
r.e~ues%.~., write ~ s~-~a~.~.__ letter to ~'¥',e~. __~.each x~a, ~ . ~. League.
~Ziss Helen D'A Hall, residing at N. ¥~;. let Ave., and
~t~ Stree~, com~olained to t~-~ C..~unc!l oC the eark!ng of a
truck in the Street by one of her neighbors. ~'~})~ claimed the
parking of commerc~a~ truc~-s with adv~r%~sing should be ~rohibited
in ~ residential distr, ict.
Uiss Hal! was info~]~ed tha~ this person would be requested
to perk his truck in his own driveway and not in the Street
in fr6nt of his house.
~ ~> Chairman of the Fact i~inding Committee,
re~oorting on the proposed paving of N. E. ~,th Street, r~commended
that this Street be paved through to Palm Tra~l, divided into
two lanes to Dresel. ve ~ group of trees, as suggested by ~r.
Hofma n.
Upon motion of Councilman Sounders,, seconded by Councilman
Jacobs unani~ous!y carried, the recommen~at~.ou of the Fact
~indlng ~o~itte~ was accepted.
A motio~ was then made by Councilm~n Roth that the
City ~ager be authorized to adv~t!se for bids on the
construotlon of Street paving ~mprovemcnts on N. E. 8th Avenue
from 5th to 8th Streets, and on N. E. 6th Street fromath Ave., e~st
to Palm Trail. m _
.... ~e motion was seconded by Coupcilman Ho~!and,
~pon c~l] of roll carried unanimously.
~lr. ~?. F. Riley, Jr., owner of Lots 22,23 and 2;~, P!ock
2, Ocear~ Park, requested permission to construct an~ apartment
building on these lots with only a 20' set-back, instead of
25' as required bs. the Zoning Ordinance. He stated that the
lots wereo~nli~ 90' deep, and all other buildings on this
Street were set back lass than 25' and if this reouest wer~
grantsd hs would be able to drive south of his building.,
park in the rear, and drive out on Bronson Street, therby all-
eviating traffic on Sa!ina Street.
A motion was made by ~ouncilman Saunders, seconded by
Councilman Roth, that this request to devlste from zoning
restriction be referred to the Zoning Board for consideration, sn,f
upon call of roll the motion carried unanimously.
A letter from A~.e~.ander & Williams Inc. of West Palm Beach
requesting permission ~to erect ARC-EiB buildo~]gs in a Genera].
Business zone, was rs~.d as follows:
Apr~l,!O, 19~0
City Council ~embers
Delray Beach,
Gentlemen:
We ar~ requesting your. permission to erect
;~RC-RI~ buildings in the General Business
Zone of De!ray.
To prow the stability of ARC-RIB Buildings,
we will submit for your consideration the endorse
ment of a few of our local ow]~ers.
We realize tl'~e damage i:hat corrugated metal,
loosened during sto~s or through natural wear, can do
during a hurricane and as a consequence have
designed our building to lessen this danger.
~"r. Burgess~ a representativ~ of the en6ineer-
lng firm of George Brockway, En6ineer, together
with representatives of the firm cf Alexa~(]er
Wil?.i~ms, inc., will be in attendance at your
meeting Tuesday Night, Anril I!, ]9>~0. These
ger~tlemen will be happy to answer any
concerning ARC-RIB buildings.
Trusting to your interest in safe buildi~g
construction to a favorable opinion on our request,
Very trul[ ~ou~s,
Alexander & Williams Inc.,
CGW/g ~. G. Williams
5~r. F. J. Schrader, Building Inspector, stated that construct-
ion of these buildings had been approved by tl~e Code Committee,
but their uso is prohibited by s City Ordinance, an all zones
except and industrial zone.
Upon motion of Councilman Roth, seconded by Councilman
Saunders, and unanimously carried, this request was referred
tc the Zoning Board for consideration amd recommendation as to
the granting of a Special Permit, or the amending of the
existing Ordinance.
An application, filed by Frank ~Constans , for permit
to construct a concrete block store building on Lot 11 and the
So. 12'6" of~ Lot 10, Block ]0~, on the north Federal ~ighway,
was approved, subject to approval of the Building Inspector, as
all regulations wo~ld be complied with.
]~r. Schrader presented an application filed by E. B.
Nichols for permit to ccnstruct an office building and car
spaceon Lots 1] and 12, Block 110, on the So~h Federal
Highway. The ~.~ns sb~ed that the office building would
be located on $. E, 1st Street ~-~ear the alley through this
Slock, and would comply with all requirements as to set-
back, ceiling height, etc. The car sp~ce, Just South of
this building was shown as 9' in height instead of 12' as re-
ouired.
After consideration, the Council felt that as a car
sp~ce would be on the rear of the lots, and facing inside, it
would be more practical and have a better appearance if only
9' high, and uson motion of ~Counciiman Holland, seconded by
Councilman Saunders, the application for permit was approved as
submitted.
The following letter from Thomas ~[. ~'Sook & ~o., of
West Palm Beach, sffering to sell ~ ~,000.00 ~Sit~ of Delray
Beach Refunding Bonds at 99~ and accrued interest was read:
(Here ~ppears copy of letter)
April 10, 19~0
~'ir. ~. E. Black, City ~lanager
City of Delrsy Beach,
Delray Beach, Florida.
Dear Mr. Black:
We offer' you firm, through Thursday, April 13th 19~0
$ ~,000 City of Delray Beach, Florida nefunding
2~-- ~o~ Bonds
Dated - July 1, 1938
Due - July 1, 1968
19~0 s ca
With - July 1,
at a price of 99~- and interest.
Please advise acceptance or rejection of this offer.
Very truly yours,
THO~AS ~. COOF~ & C0~PAh_nZ
By: T~omas ~.
T~C :FG Pres ide'ht
m$ity Attorney ~oore advised that as the City had advertised
for tenders of Bonds, and had received one offer on ~arch 28th
from Thomas ~. Cook & ~o., to sell $ 3,560.00 Bonds at ~his
same price, we should accept the first offer and also this offer, which
offers are below par, otherwise bonds would have to be chosen
by lots at par or above, at the Irving Trust Company in
New York City.
A motion was made by Councilman Saunders, seconded
by Councilman Jacobs, that the two above mentioned offers be
accepted, in the total amount of $ 8,360.00 at 99~ and
accrued interest. Upon call of roll the motion was carried
unanimous ly.
A recommendation of the Zoning Board with reference
to the size of buildings to be allowed to be constructed on East
A~lantic Avenue, was read as follows:
"The Council's request for restrictions regulating
the size of building on East Atlantic Avenue/t~ the Ocean
Boulevard: from Swinto Ave
Your Zoning Board recommends that a minimum 25'
width and 12' ceiling be required of first improvements, as
are the present restrictionson t~Federal Highway and West
Atlantic Avenue. This would keep the restrictions uniform
from the City Limits to the Atlantic Ocean.
Councilman Roth stated that he felt an average store
would be i~. less than 25' in width, and that this requiremant
would be unreasonable.
Mayor Kabler explained that this was only an attempt
to discourage the building of small buildings on Atlantic
Avenue, and that the narrower buildings could be approved
by special permit.
It was recemmended by th City Attorney that an
exception be madewhere a tract of land less thad 25' in width
is located between two existing buildings, or where the land
owned is less than 25' in width,as such an Ordinance must be
reasonable in scope.
A motion was made by Councilman Saunders, seconded by
Councilman Holland, that the recommendation by the Zoning
Board be accepted with the suggested ~mendments, and the City
Attorney instructed to draft the required Ordinance. Upon
call of roll the motion carried, Councilman Holland, Jacobs
K~bler and Saunders voting favorably, and Councilman Roth
oppos lng.
The following Ordinance was then brought ap for
first reading, and same was read in full:
AN ORDINANCE OF TiiE CITY COUNCIL OF THE CITY OF DEL-
RAY BEACH, FLORIDA, PROVIDING THAT NO BUILDING
SHALL BE ERECTED ~ FRONTING ON ATLANTIC AVENUE
IN SAID CITY,~ FROM SWINTON AVENUE TO OCEAN
BOULEVARD, UNLESS THE SAME SHALL BE AT LEAST
TWENTY-FIVE FEET IN WIDTH; PROVIDING T~T THE
CEILING IN ANY SUCH BUILDING SHALL BE A MINIMUM
OF TWELVE FEET IN HEIGHT; PROVIDING THAT
NO BUILDING PERMIT SHALL BE ISSUED FOR ANY
SUCH BUILDING UNTIL APPLICATION FOR SUCH
BUILDING HAS BEEN PRESENTED TO AND APPROVED BY
THE CITY COUNCIL; PROVIDING THAT THE FLOOR
LEVEL OF ANY SUCH BUILDING sHALL ~ BE A
MINIMUM OF TWO INCHES ABOVE TP~ ELEVATION
OF THE IMMEDIATELY ADJACENT SIDEWALK; PROVIDING
A REPEALING CIAUSE AND FURTHER PROVIDING A SAVINGS
Upon motion of Councilman Holland, seconded by Councilman
Saunders, unanimously carried, the foregoing Ordinance was placed
on first reading.
A llst of recommendations of the Safety Committee of the
Jr. Chamber of Commerce was filed, and the Clerk was instructed
to furnish each Councilman and the Chief of Police with copies,
for their study before consideration by the COuncil.
Cit~ Manager Black explained to the Council that it had
been the practise for only one paid Fireman to be on duty
from Saturday noon until Monday noon, which he felt did not
provide adequate fire protection. He considered it necessary
t6 have two men on duty at all times, and the only way this
could be done was to hire one more Fireman. In this way one
man would be allowed a week-end off duty every six weeks, and
at least two men would be on duty at all times. By doing this
the current~.payroll budget would be exceeded by approximately
$ 1,O00.O0 for the balance of the year.
After consideration, Councilman Saunders moved that the
City Manager be authorized to employ one extra Fireman, his
salary to be charged to Contingency for the balance of th~s
fiscal year. T~ motion was seconded by Councilman Holland
and upon callore
roll carried unanimously.
City Manager Black was authorized to furnish food for
stray a_-ximals kept by Mrs. Dwight~ Bradshaw at her home until
picked up by the Animal Rescue League each week, upon motion
of Councilman Jacobs, seconded by Councilman Holland, and
unanimously carried.
A plat of Plumosa Park, Section A, lying East of N. E.
2nd Avenue, north of the N. E. 13th Court, A. J. Pruyser,
Developer, was p~esented for final approval and upon motion
of Councilman Roth, seconded by Councilman Holland, unanimously
carried, ~a~.the plat was approved as submitted. The following
projects wereassigned by Mayor Kabler to Councilmembers, who
were asked to obtain all available information, and keep the
Council posted on progress being made, arc.
4/n/5o
1. What to do with Roya$ Palm trees on East Atlantic
Avenue when bridge is constr~cted and roadway is widehed,
Councilman Saunders
2. Atlantic Avenue BridEe- Councilman Holland
3. Trees on Ocean Boulevard- Mayor Kabler
Bills totaling $ 27,473.29 were approved for payment
subject approval of the Finance Committee, on motion of
Councilman Jacobs, seconded by Councilman Saunders, and unanimously
carried.
The meeting was then adjourned.
Rut~ R. Smith
City Clerk
APPROVED :
Mayor