12-26-50 DECE?~ER 26TH~ 1950.
Regular meeting of the City Council of the City of Delray
Beach was held in the Council Chambers zt 7:30 p.m. with Mayor
John N.Kabler in the Chair~ and City Attorney Jo~ ~doore~ City
Manager Charles E. Black~ and the following Councilmen present:
R.J.Holland~ ~.~h. Jacobs, ?~alter ~. Roth~ and J.L.ga~aders~ a
quorum being present.
A letter from Attorney C.Y.Dyrd~ County Co~uissioner~ en-
closing a check in the amount of (~17%.00 for the replacement of
royal palm trees on East Atlantic Avenue~ after the construction
of the new bridge and the widening of Atlantic ~venue east to
Ocean Blvd.~ was again brought up~ having been considered at a
previous meeting~ at which time no action was taken.
Upon advice that the Co~u~ty would remove the existing trees~
and that this check was only intended as a donation to start a
fund for the replacement of the trees~ a motion was made by Cou-
ncilman Saunders~ and seconded by Councilman Roth~ that the check
be accepted for this purpose. Upon call of roll the motion carried
unanimously.
City manager Black presented a deed from ~Irs. i~lsie ~. Davis~
owner of the S. 16' o~' Lot l~ and all of Lots 16 and 17~ Block 101~
deeding the east ~' of this property to the City of Delray Beach £or
sidewalk purposes only~ with the understanding that the east line of
the property shall be considered as the line from which future set-
back requirements are made~ which will conz~orm with other set-backs
in this Block.
After consideration~ a motion was made by Councilman Jacobs that
the deed be accepted~ providing Nfs. Davis will accept assessment
for the cost of the sidewalk. The motion was seconded b~ Coun-
cilman Saunders~ and upon call of roll carried unanimously.
The following report from the Zoning Board~ with reference
~"~ ~ ~ of
to a request for the rezoning of the ~ast 200' of the ~ort,a ~
Lot 28~ Section 9~ To~ship ~6 South~ Range ~3 East~ filed by
Byrd & Whitley~ for their client ~aul A. G!anton~ o~,~er of the
property~ was read:
20 December 19~0
To the Honorable Mayor and ~embers of
the City Council
Gentlemen:
Your Zoning Board held a Public Hearing in the Council Room
Monday December li]th~ 19%0 to consider a request for the re-
zoning to Apartment Zone from Residence A of t;~e East 200' of
the north half of Lot 28~ Section 9-~6-~3~ also the rezoning of
the East 200' o£ Lot 27~ Section 9-~6-43 providing the re~oning
of Lot 2~ is approved.
12126/
After consideration we reco~aend that because of the over-
whelming objections of the property o~.a~ers affected that the
request for rezoning be denied. The Zoning Board feels that
at this time there has not been enough general ch~,.no~ in the
character of this particular property to justi,fy a change in
zoning~ since the Council meeting of April 27~ !9~8 when this
property was purposely left as Residential A Ordinance G-~i
was passed on ~.'inal reading J~e $~ 19~8 to this effect.
Very truly yours~
CI~ OF DZLR~?Z Bii~ACi~ 2;O~ING BOA~
I~NNETIt JAC OBSON
Chairman
As }~. ~tley could not be present at this meeting~ he
had requested that no action be taken ~til a later meeting.
Several o}~ers of property in the cicinity of N,0cean
Bl~d. and 8th Street were present~ and protested the re-zon-
ing of the abo~e property. ~heM claimed that DelraM Beach
was l, mo~ as the City of homes~ not crowded with apartments
and hotels~ and that people had made investments relying on
the present zoning~ that if this change in zoning were allo-
wed it would finally result in the changing of that entire
area into an apartment and hotel district.
After f~ther discussion~ action was deferred ~til the
regular meeting of the Co~cil to be held on January 23rd~19N1.
The following letter from J~B.Powell~ Jr. ~ agent for the
o~,~er of a ten acre tract of lane in Section 1~ adjoining the
City ovsned rock pit on the north~ was read:
December 13th~ 19~0
City of Delray Beach~
Delray Beach~ Plorida.
Gentlemen:
I have a client who advises he controls the 10 acres
directly north of the west 10 acres you o~n in Section
1~ T ~ R ~2~ now used as your rock pit.
A few dams ago I inspected this property and Oo~d that
part of it has been usec as a rock pit and some removed
with some shell ready to be moved.
Please advise me as soon as possible if you are interest
in this property~ it may be purchased for about :{)300.00
per ~ ~cres or ~600.00 ~or ohe tract.
If you wmsn you may call me at NM expense~ phone ~o~!.
Yours very truly~
(signed) J.~.Powell~ Jr.
Mr. Black explained that some rock had been dug from this
land~ but that it would still provide fill dirt and course rock
which could be used for road work~ and the land might later be
used .for park purposes.
After consideration~ a motion was made by Comncilman Saunders
that this tract of land be purchased at a price of ~[;60.00 per acre
providing the o~zner will furnish an abstract reflecting a market-
able title~ or title insurance.~ The motion was seconded by Co'~-
cilman Holland~ and upon call of roll carried unanimously.
City Manager Black advised the Comncil that the Willys
Jeep truck used by the Fire Department~ had be.vn almost completely
wrecked at a recent fire~ and he asked authorization to obtain
bids for a new truck of the same kind, a Dodge Power
~O~ or
similar eq~.~mpment.
Upon motion of Co~cilman Roth~ seconded by Councilman
Sa~mders~ and ~animous!y carried~ the City l~.~anager was authorized
to advertise for bids for replacing the Jeep Fire Truck.
The Following Ordinance~ rezoning certain portions off John
B. Reid's Village~ was orou~ht up for second and final reading~
and same was read in full:
O~iNANCE N0. G-!16
AN O~!i,~Ai~O~ OF Trt,~ CZT~ C0~CIL 0F T~iE ni~f OF DELRAY
FLORIDA~ ~-~OI',ING P~LRT OF BLOCK "C" FROM Si<i~]CI~LL ~'~
}~.~ ~'m~ ,,~t~'~: I!E-ZONING ART OP DLOCK "N"
=,.~ z .... ~ TO LIHITED BUSINESS '~0
FRON R~SID2'~C~ ~ DISTRICT T0 Si'i]CIAL it0Ti~L g!fO
?' ~z ~"l ~ '~' "D" "N" .... ~" "A"
R~-~O~_LG PARTS 0i? BLOC.iS Al'iD FRON RESz~:~_'~a,~ DISTRICTS
o.':.,uz:~ HOTEL AND ~-~ .mzt,z:,.~z ~Ot,~ P~-ZONING P~TS 02 BLOOKS
AND "L" .~'RON R:.iS!D~._..~[C~_~ DIozR!(,TS . I?~L ~z0iz~.= AND :..: .:~_-
" .... :' ~'~ VI~J~.:~G.o SUB-DIVISION IN ~-'~:' C!~
Mi~IN2 sOl'.~.:~S~ ALL 02 JOi~ }. R.~tD~S ? ~ -'
OF nN','D,~v -~,,~',nzz FLOtIDt~ ~kNl) PROVIDING ,~ o.,.,. ~.~-~iJ~ ~u..~'~.
.,~-.~,~o,~:~::,_~o ~ after giving due notice of a _nublic hearinc~ and
after such public hearin~ the Zonin~ Board of the City of
Delray Beach~ Plorida~ has referred its recom~endations to the City
Co~cil of said City for the ;following re-classiYication of zon-
in~ ~ and
~AS~ the property o~ers atfected by such re-class-
ification of zoning~ have been given due notice of such re-
classification~
NOW~ Tz~5 0RE~ IT ORDAINED by the City Com~cil of
Cit~ of Delray Beach~ Ylorida~ as follows:
Sectionl 1: Tha2 the par2 of Block "C" of So~ B. Reid's
Village Sub-division of the Cit~ of Delray Beach~ Florida, which
is now zoned as Special Hotel and Apartment Zone
and 2he same is hereby re-zoned to a limited b~.siness District
Z on e.
Section 2: That the part of Block "N" of John B.Reid's
Village Sub-division of the City of Delray Beach~ Florida~
v.~hich is no~.~ zoned as Residence "A" District tone~ be and
the same is hereby re-zoned to a Special Hotel and ~lpart-
ment District Zone.
Section 3: That parts of Blocks "D" and "M" of Joi'~n
B. Reid's Village Sub-division of the City of De!ray Beach~
Florida~ which are now zoned as Residence "2" District Zones~
be and the s?me are hereby re-zoned to Special Hotel and
Apartment District Zones.
Section ~: That parts of Blocks "E" and "L" of John
B.Reid's Village Sub-division of the City of Delray Eeach~
F!orida~ which are now zoned as Residence "A" District Zones~
be and the same are hereby re-zoned to Special Hotel and
Apartment District Zones.
Section ~: That the zoning maps of the Cit?z of Delray
Beach~ ?lorida~ shall be changed to reflect the above re-
classification of zoning.
Section 6: That~ if any word~ phrase~ clause~ sentence
or other part of this Ordinance shall be declared illegal by
a Court of competent jurisdiction~ such record o2 illegality
shall in no way affect the remaining portion.
Section ?: That all ordinances or parts of ordinances
in conflict here~?ith be~ and ti~e same are hereby~ repealed.
PASSED li~ ~_DO~ TED by the City Cozu~ci! of the City of
Delray Beach~ i~lorida~ on this the 2oti~ day of Dece~?.ber~
Mayor
ATTEST:
Ruth R. ~mith
City Clerk
First reading-I,[ovember
Second reading-December 26~ !9~0
Passed and adopted-December 26~ 19~0
A motion was made by Councilman Roth~ and seconded by Cou-
ncilman Holland~ that the foregoing Ordinance be passed and
adopted as read, Upon call of roll the motion carried unanimously,
An Ordinance to amend Occupational License Ordinance No,G-11
pertaining to fee to be charged for Express Companies~ was pres-
ented by the City Attorney~ and read as follows:
A2'~ ORDI?b%NCE Of,~ THE CI~ COUI,~CIL O? THE
CI2~ O? DELRAY BEAC~{~ FLORIDA~ ~i:~EALII{G
SECTION 9 0F 0RDIYA?TCE
.~td'.R~i~Zi{G SECTI0I~ 107 0F 0RDINAI~CE i'~O,G-11
0F CiiAL TER III 0.~~ TH]] CI2~ CODE 0E THE
CI~ 07 DELRf2g BEACH~ ?LORIDA~ i-ERT~iII~ING
TO THE OCCU~ATIO~'AL
Upon motion of Co. cAiman Sa~ders~ seconded by Co. cA!man
Roth~ and unanimously carried~ the foregoing Ordinance was placed
on first reading.
A request for a street light at the north end of Andrews
Avenue~ filed by Co. cAiman Roth~ was referred to the Street
Lighting Co~ittee for recommendation.
The need for traffic lights at N.E.lst Street and 2nd Avenue~
at ~:~st Atlantic Avenue and 5th Avenue~ as well as an e::tra light
for emergencies~ was discussed~ and upon motion of Co.cAiman
Holland~ Seconded by Co~mcilman Roth~ and ~animously carried~ the
City Manager was instructed to advertise for bids on i'urnishing the
t~ee traffic lights inmtediately.
The meeting then adjourned.
(Si~ned)Ruth R,Smith
City Clerk