05-09-50 MAY 9th, 1950
Regular meeting of the City Council of the City of
Delray Beach was held in the Council Chambers at 7:30 p. m.
with Mayor John N. Kabler in the chair, and the City Attorney
John Moore, and the following Councilmen peesent: R. J. Holland,
W. A. Jacobs, Walter A. Roth and J. L Saunders, a quorum being present
T~e minutes of the regular meeting held April 2Bth were
approved as written.
Action was deserted on the approval of a tentative plat
of a resubdivision of Block 5, filed by William Priest, pending
approval b~. the City Engineer, who was out of the City.
A letter from Rader Knappen Ttppetts Engineering Co. of
Miami, representing the West Coast Inland Navigation District
in assisting it in securing the authorization by Congresss of an
Intracoastal Waterway Project from the Anclote River (Tarpon
Springs')' to St. Marks, Florida, the only remaining section of
the Federal Intracoastal Waterway System extending from Trenton
New Jersey, to Brownsville, Texas, the construction of which
has not yet been authorized, was read as follows:
April 26th, 1980
· _T~e City Manager
Delray Beach, Florida.
Dear Sir:
The West Coast Inland Navigation District
has retained this Company to assist it in securing
the authorization by Congress of an Intracoastal
Waterway Project from the from the Anclote River
(Tarpon Springs) to St, Marks, Florida. This is the
only remaining section of the Federal Intracoastal
Waterway System extending from Trenton, New Jersey
to Brownsville, Texas, the construction of which has
not yet been authorized. The construction of this
project, together with the previously authorized
project from the Caloosahatchee River to the Anclote
River, will provide a continuous sheltered waterway
from Chicago and all points on the Mississippi River
System and the Gulf Of Mexico to Delray Beach by way
of the existing Gulf Intracoastal Waterway, the
0keechobee Cross-Florida Waterway and the Atlantic
Waterway. (Intracoastal)
Such a waterway already connects your City
with North Atlantic Cities and those of the Eastern
Great Lakes. Each winter more than one thousand
yachts and pleasure boats come to the East coast of
Florida by way of this Atlantic Waterway. Many of
them spend the season in Delray Beach and other
stop'for a longer or shorter"stay on their' way
to and from points further south, while comparatively
few boats come to the resorts of your City from
points in the middle west.
It is obvious that the completion of the
proposed West Coast Waterway will greatly increase the
number of boats coming to DelrayoBeach from the Middle
Nest and Texas. This will result in increased business
for your boat yards, marinas, ship chandlers, merchants
and hotel operators, a_ud will benefit all persons
who derive income directly or indirectly from the re-
sort and tourist business. Each visit of the
yachting par~y to Florida results, on the average,
in the expenditure of several thousand dollars
here. T~is project is worthy of your full support.
When the District Engineer at Jacksonville
held his public hearing on this project, no one
appeared to speak for your city. The West Coast
Inland Navigation District believes that this can
only have been due to an oversight and requests
the City's assistance. It would be deeply appre-
ciated if the City Commission of Delray Beach would pass
a resolution indicative of its support of this
project.
There are enclosed herewith some notes ex-
plaihing the details of thil project, its present
status and the benefits which would result from its
construction. There is also enclosed a draftbon a suggestec
resolution in support of this project. This si. submitted
only for your convenience and n~ with any desire to
dictate the action of the City Commission.
It would be even more satisfactor7 if an appro-
priation were drafted in your own words.
If such a resolution is passed, it is
suggested that you send us six copies to the
above add,ess. We will arrange for itspresenta-
tion to the District Engineer in connection with
the brief to be submitted by the Commissioners
of the Navigation District. If you prefer to
transmit the resolution directly to the District
Engineer, it is requested that we be furnished
with a copy so that we will have a record of the
support accorded the project from this section of the
state. In order to meet the District Engineers
schedule for this work, it is desirable that the
res,~lution be submitted befolre May 20th, 1950.
For the Commissioners of the West Coast
Navigation District.
Very truly yours,
RADER KNAPPEN TIPPETTS ENGINEERING CO.
By: (Signed)
a b J/htr Earle M. Rader
As the Council was unfamiliar with the project, action
was deferred, for study, and also a recommendation from the
City Manager.
Upon motion of Councilman Saunders, seconded by Councilman
Roth, unanimously carried, an application for a solicitor's
license, filed bT David Ackerman and Irving Smiley, d/b a Home
Distributing Co., of M~mi, Florida, to take orders for merchan-
dise from door to door, was approved, upon compliance with all
regulations.
A letter from the Zoning Board with reference to requests
for~ the rezoning of Lot 10. Block 1. 0s'ceola-Park, was read as
follows:
May 5th, 1950
Tothe Honorable Mayor and Members
of the City Council
of Delray Beach, Florida.
Gent lemen:
The public hearing called for May 1, 1950 at
10:00 A M was held in the City Manager's office
to consider the following requests:
1. ~T~e request of Joseph and Luan
B. Hughes to rezone the north half
of Lot 10, Block 1, 0sceola Park,
from Residence "B" to a Business Zone for
the pQrpose of constructing a
yacht baSin and~ refueling station,
and provide boats for charter.
2. The request of Emmet J. Burke to
" rezone the south half of Lot 10,
Block 1' 0sceola Park, from Residence
"B" for the purpose of establiShing
a Residence "A" Zone in the south
half of Lot 10 i through ~ot 11.
We feel that it would be impractical to zone
one half of Lot 10 to Business and the other half to Residence
"A".
5,9,50
We reco~end that the City Council delay any
action on these requests until more definite plans
are submitted and a thorough study has been made of the
area to the south City Limits with the possibility of
opening up SE 10th Street, zoning property along the canal east of
?th Avenue to Residence "A", property west of Vth Avenue
to the alley behind the Business Zone on the Federal Highway
to Residence" B".
Very truly yours,
DELRAY BEACH ZONING BOARD
KR~/hfl (Signed) Kenneth R. Jacobson
Chairman
Mr. J. C. Hughes, owner of the north 1/2 of Lot 10
Block 1, 0sceola Park, addressed the Council, stating that the two
petitions should not have been considered Jointly. He
claimed that no property owner notified of the hearing by the
Zoning Board h~.d objected to the use of his property as a
yacht basin, but they had felt that it would be an asset and a
benefit to the City by providing more ~dQckage. space, off of
the Intracoastal Canal. He felt it would be impractical to
extend 7th Ave.,
The Council, however, felt that it might be necessary
to eEtend 7th Avenue at some future time, and Councilman
Jacobs moved that the recommendation of the Zoning Board
to delay action on these petitions be approved.
Mr. Donald Ward and Mr. Charles H. Harbeson, both
property ewners in that vicinity, urged the Council to grant
Mr. Hughes petition and allow the construction of a Yach~
Basin and refueling Station on his property, stating that they
considered it would be a definite asset to that area, and that
they believed ~th Avenue would ne,'er be extended through
private prl operty.
City Attorney Moore advised that in compliance
with the City Charter an emergency would have to be declared
which would affect the welfare of the entire City, in order
to effect the reclassification of zoning as requested by
Mr. Hughes, as the Zoning Board does not meet from May 1st until
DecemBer 1st except to consider matters which have been de-
clared emergencies by the City Council.
Mayor Kabler advised Mr. Hughes that the Council needed
more time for study to determine what is best for the entire
area, but Mr. Hughes asked that a decision be made by the Council
at this meetix~g., as he had an offer on ~his property which depended
on this decision, which must be answered fmmediately.
As it was the concensus of opinion of the Council
that more time should be alloSed for their study of these
requests, Councilman Roth seconded the foregoing motion
made by Councilman Jacobs, to approve the recommendations
of the Zoning Board to ,delay action on both requests, upon
call of roll the motion carried unanimously.
City Attoz-ney Moore explained that the State Beverage
Department had asked that an amendment be made to the Liquor
Ordinance to provide that hours for selling packaged intox-
icating liquors and wines also include the sale of beer.
This would make the hours for sale of all packaged goods
uniform
Upon motion of Uouncilman Jacobs, seconded by Councilman
Holland,and unanimously carried, the City Attorney was instructed
to draft an amendment to the Liquor Ordinance to provide
that intoxicating liquors,wines and beer shall not be sold in
packages after 8 P. M.
The following Ordinance was then brought up for second
and final reading, and same was read in full:
0RDIN~NCE --G-100
AN ORDINANCE OF THE CITY COUNCIL 0~ DELRAY BEACH,
FLORIDA, RE-ZONING LOTS1 and 2, and 51 TO 64
INCLUSIVE OF McGINLEY & GOSMAN SUBDIVISION,
AND LOTS i an 2, BLOCK l, LOTS I and 2, and l0
and ll OF BLOCK 3, OF SOPHIE FREY SUBDIVISION,
FROM APARTMENT AND LOCAL BUSINESS ZONES TO A
LIMITED BUSINESS ZONE.
WHEREAS, the Zoning Board of the City of Delray Beach
has referred its recommendation to the City Council
of said City for the re-classification of zoning, and
WHEREAS, the property owners affected by such re-class-
tfication of zoning, have been given due notice of such
re-classification,
NOW, THEREFORE, BE IT ORDAINED b~ the City Council of
the City of Del~ay Beach, Florida, as follows:
SECTION l: That lots i and 2, and 51 to 64
inclusive of McGinley and Gosman Sub-dfvi~ion, of
the City of Delray Beach, Palm Beach County, Florida,
according to the plat thereof on file in the office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 12 at page 87, and
Lots 1 and 2, Block l, Lots I and 2, and
l0 and ll, of Block 2, and Lots I and 2, and l0 and
ll of Block 3, of Sophie Frey Sub-division, of the
City of Delray Beach, Palm Beach County, Florida, according
519150
to the plat therof on file in the office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida,in Plat Book 4 at page ~V, be and
the same are hereby re-zoned from local business and apart.
ment zones to a limited business zone.
SECTION 2: That~ all Ordinances and
parts of 0rd'Ina~es~n conflict herewith be and the sa~
are hereby repealed.
PASSED in Regular Session on second
and final reading on this the 9th day of May,
A. D. 1980
(Sign) John N. Kabler
ATTEST: Mayor
Ruth R.. Smith .
'Ci ty cl"e'rk .....
SEAL
1 st Reading - April 25, 1950
2 nd Reading - May 9th, 1950
Passed and adopted - May 9th, 1950
A motion was made by Councilman Roth, seconded by
Councilman Saunders, that the foregoing Ordinance No. -
G-100 be adopted on final reading, and upon call of roll the
motion carried unanimously.
Mayor Kabler advised the Council that a deposit of
$ 2,000.00 had been received from Frederick S. Neafie, who
operated a Beach equipment Concession on the beach during
the past season, in payment of renewal of his license for
the coming year. He asked assurance from the Council that
his license would be renewed for the next season, at the same
fee.
After consideration, a motion was made by Councilman
Holland, that check in the amount of $ 2,000.00 which had
been tendered by Frederick S. Neafie be accepted by the City,
and placed in a trust account, andthat ~.u~.der existing conditions
a license be granted as of 0ctober:lst, 1950 for the operation
of a Beach Concession for the 1950-1951 fiscal year. The motion
was seconded by Councilman Saunders, which was carried upon
call of roll, Councilman Holland, Jacobs, Kabler and Saunders
voting in favor of the motion, and Councilman Roth opposing.
5/9/50 ,,'3"7
Action was deferred on a request for rocking the
alley through Block ll4, until the return of the City
Nanager.
Upon motion of Councilman Roth, seconded by Council-
man Saunders, and unanimously carried, bill totaling
$ 48,057.11 were approved for payment, after approval by the
Finance Committee.
Upon motion of Councilman Roth, seconded by Councilman
Saunders,unanimously carried, application for building permit
filed by W. H. Davis, to construct a two car garage on the
rear of Lot 12, Block ll3, facing the alley, was approved
subject to complla nce with zoning regulations, and the
approval of the Building Inspector.
Fire Chief Gregory presented tentative plans for a new
Fire Station, which showed a .building 60' x 60', two stories
high. The plans included a shop for repair of fire equipment.
Mr. Gregory stated that they considered a location at the
North end of the Athletic Field, at N. W. 2nd Street and 1st Avenue
or possibly the south end of the Field on Atlantic Avenue.
The Council discussed the project, and upon motion of
Councilman Holland, seconded by Councilman Roth, unanimously
carried, Fire C~ief Gregory was authorized to obtain tentative
estimates on the cost of such a proposed building, from local
contractors.
Mayor Kabler appointed Councilman Jacobs to work with
the City Manager on the Jail improvementL~proJect, and report
to the Council from time to time.
The meeting then adjourned.
(Signed)
Ruth R. Smith
- city Clerk
APPROVED:
-- Mayor