06-14-49 JUNE 14Ttl, 1950
Regular meeting of the City Council of the City of J}elray
Beach was held in the Counc!l Chambers at 7:30 p. m. with }iayor
J L. Saunders in the hair, and City }lana~er Charles E. Black,
City Attor,,~ey John Moore, and the follo~¢ing Councilmen present:
L. I1. Brannon and Neil E. }tac~'iillan, a quorum being present.
A letter from the BeautiFication Committee of the i)elray Beach
Garden Club, pertaining to the plantinE of palm trees along the
business district on Atlantic Avenue, was read as follows:
"June 14, 1949
Honorable 51ayor and }lembers of the Council:
The Delray Beach Garden Club has often been urged to sponsor
the planting of palms or trees along atlantic Avenue. In response
to these requests, we have recently co~sulted }ir. }like Blank who
felt that the Cocos Plumosa would be the ideal palm to use for this
purpose. It is what is known as a clean palm and will not drop
fronds or nuts to create a nuisance or hazard. The trunk is small
and will occupy very little space on the sidewalk and therefore
will not interfere with pedestrians. The smallest tree wiI1 have
a six foot clearance.
l{e }~ope the council will approve of this project and will ffive
us their co-operati~ To plant these palms, it would be necessary
to cut holes in the edges of the sidewalk and it would be of great
help to us if the city would do this. At the present time the
Garden Club is only able to furnish part of the trees, but hopes
to interest other civic organizations and individuals to assist in
this project.
Man~ of our citizens feel that such a row of palms ~,ould add
distinctXon to the Delray Beach shopping distri_ct and would create
a favorable impression on our winter visitors.
We respectfully submit this project for your consideration
and approval.
Yours truly,
(Signed) Hildred Sanderson
Beautification Com~it tee
Delray Beach Garden Climb"
Mrs. Mildred Sanderson, representing the Garden Club, explained
that they planned on plant~.ng the trees in the fall after the hurricane
season, and that their Club would give six or eight trees if the
City would agree to plant them. }Ir. Mike Blank stated that it would
require a hole about 3' in diameter, which could possibly be closed
to 1S~, but that the sidewalk might be broken in some places.
~ motion was made by Co,mcilman PIacb!illan that the request of
the Garden Club be granted, subject to supervision of the City
Manager, and that the ~ouncil offer such cooperation as it can
within its budget. The motion was seconded by Councilman Brannon,
170
JUN~ 14T~, 1949
after being amended to include that portion of Atlantic avenue
from the Federal tti~hway' west'to Swinton Avenue, and upon call
of roll the motion carried unanimously.
City Manager Black presented a request filed by the Imperial
Oil Company for permit to erect a 6000 gallon gasoline storage
tank on Lots 22 and. 23, Block 111, just south of 2nd Street on
the South Federal }Ii.ghway. The tank would be 1S' high and 10~'
in diamater, would be located in accordance with set-back require-
ments,.and would be beautified to provide an attractive appear-
ance.
Upon motion of Councilman Brannon, seconded by councilman
MacMillan, unanimously carried, permit was approved, subject to.
compliance with specifications of the City Manager.
On motion of Councilman MacMillan, seconded by Councilman
Brannon, the ~lice Benevolent Association Auxiliary was given
permission to hold a rummage sale Saturday afternoon on a vacant
lot on Atlantic Avenue.
The following letter from the Arcade ~lectric Company was
then presented and read:
"June 13, 1949
Mr. C. ~. Black,
City Manager, ~_~.
Delray Beach, Florida
Dear Sir:
I would like permission from the City of Delray Beach to
drill two wells on the east Side of the Red Cross Drug Store
(at corner of Atlantic Avenue and Fourth Avenue), underneath
the sidewalk, for the purpose of installing air-conditioning in
the Red Cross Drug Store.
I agree to replace the sidewalk, and be responsible for
any damage to the City.'s property while this work is bein~ done.
Very truly
ARCADE ELECTRIC COMPANY
By: (Signed) E. J. Barrow
EJB:H Manager"
The City Manager advised that this had been done in other
Cities, and after the work was done nome would know the wells
were there. He considered it a reasonable request.
A motion was made by Councilman MacMillan, seconded by
Councilman Brannon, that permission be granted as outlined, but
that a bond be required to insure the City against any possible
damage.
171
gUNE 14Tit· 1949
A request for special permit, or change of zoning classificat-
ion, t,~ allow the construction of a Knk.~hts of Pythias Lodge Hall,
with a store room on the ground, floor, on N. ~,(. 5th Avenue between
3rd and 4th Streets, was filed, to~ether with petition signed by
surroundkng property owners.
Upon motion of Councilman Brannon, seconded by Councilman
MacNillan, unanimously carried, the foregoing recplest was referred
S '
to the Zoning Board for re¢omr, endati, on as to ~ranting of a .herbal
Permit, or a change of zoning at this location.
A letter from Mr. C. Y. Byrd.· with reference to the repaying
of N. E. 1st Street· was read and ordered filed with the data con-
cerning the opening of the N. E. 1st Street railroad crossine, upon
motion of Councilman MacMillan, seconded by Councilman Brannon, and
unanimously carried.
Recommendations of the Zoning. ~oard were then read as follows:
"May 31· 1949
tlon. Mayor and Members of
the City Council
relray Beach
F1 or ida
Gentlemen:
At a recent meeting of the Zoning Board several matters were
considered· concerning which we would like to make the following
recommendations:
a request was filed by Mrs. Mar,garet T. ~alsmith for a permit
to erect a modern Beauty Shop on the ~outhwest corner of N. E.
Sth Street and 7th Avenue. ~{s more than probabley the area in which
this property lies will have to be rezoned in the very near ?uture
to permit the erection of buildings to be used for business purposes,
we recent:end that Nfs. Walsmith's request be granted.
Our present Zoning Ordinance provides no minimum requirements
for buildings in "C" and No. 2 zones. Feeline that the City shou,~d
have some control over the 'type of b,,~ildings erected throughout the
City, we therefore recommend that a minimum of 400 squ:~re feet be
required in both of these zones.
In attempting to legally provide for street continuations,
several procedures were discussed· resulting in the following re-
commendation -
Before permit for improvement on any property within the City
limits is issued, the owner will be required to provide for a right-
of-way· sl~ould affected property be in line with the continuation
of any existing street.
The new tli~h School b~ilding will be completed and in opera-
tion by fall· and 2nd Avenue being the main approach, will naturally
be used more extensively than it has been in the past. The jog
existing at 8th Street makes this thoroughfare a hazard and could
JUNE 14Ttt, 1949
and should be eliminated. It is therefore recommended that
sufficient property on either side of 2nd Avenue be purchased to
allow for the elimination of thi_s off-set
Very truly yours,
DELthtY BEACH ZONING BOA}iD
S'
BY; (lg~ed) King S. Cone
Chariman"
A motion was made by Councilman Brannon, that the recommen~
dations of the Zoning Board be adopted by the City Council~ The
motion was seconded by Councilman MacMi. llan, with the exception
oC the recommendation that N. E. 2nd ~venue be straightened, as
a safety measure, as he felt this bend in the road would tend to
slow down traffic.
Each recommendation was then voted on separately, and upon
moti. on o£ Councilman Brannon, seconded by Councilman MacMillan,
all recommendation s were unanimously approved, with the exce~t-
ion of the straightening of N. E. 2nd ~venue, which will be
further considered.
Proof of publication of a Notice calling a hearing for
objections to the confirmation of assessment roll on N. W. 6th
Avenue Paving Improvement was presented and. spread upon the
minutes as follows:
(Copy of Assess~ment itoll as appeared in publication
in May 24th meeting - Page 157, 158 & 159)
'"AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLOi~IDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared
William K. Horrison who on oath says that he is publisher
of the Delray Beach News, a weekly newspaper published ~t
De,ray Beach in Palm Beach County Florida: that the attached
copy of advertisement, being a Notice of Assessmen% Roll in
the matter of City of Delray Beach was published in said news-
paper in the issues of May 2~, June 3, 1949.
Affiant further says that the said Delray Beach News is
a newspaper published at Delray Beach, in said Palm Beach
County, Florida, and that the said newspaper has heretofore
been continously published in said Palm Beach County, Florida,
each Friday and has been entered as second class mail matter
at the post office in Delray Beach, in said Palm Beach Coqnty,
Florida for a period of one year next preceding the first
p~blication of ~]e attached copy of advertisement: and affiant
173
JUNE 14TH, 1949
further says that he has neither paid nor promised any person, Fir,:
or corporation any-Y[iscount, rebate, comr~ission or refund for the
purpose of securing this advertisement for publication in the said
newspaper.
(Signed) William K. Morrison
Sworn to and subscribed before me this 3 day of June, A. D.
1949,
(SEAL) (Si.~ned) Kathryne P. Morrison
Notary Pabl'ic,' 'S'~'~te of r'lorida
at Large. My commission exrires
July 27, 1952. Bonded by
American Surety Co. of N. Y."
Objections were asked for in accordance with the above notice,
but none were received, whereupon the following Ordinance was
brought up for first reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY 0F DELilAY BEACH, FLORIDA, LEVYING THE
ASSESSMENTS AS SHOI~'N BY TH2: ASSESSNENT ROLL
SUBNITTED BY THE CITY ENGINEER OF SAID CITY,
CONCER~'~ING THE PAVING IMPROVEMENT 'ON N. ~.
6T ii AVENUE, FROM WEST ATL~.NTIC AVENUE TO
N. Y. 3itu
On motion of Councilman Brannon, seconded by Councilman
MacMillan, unanimously carried, the foregoing Ordinance was placed
on first reading.
A Resolution of the i)elr;:ty Beach Board of Realtors, pertai~ning
to the use of signs by their members, was presented and read as
follows:
"June 10, ]949
The Honorable Mayor and City Council
City of Delray Beach
Florida
Gentlemeni
The DE~i~k'¥ BEACtI BOARD OF REALTORS, at its regular meeting
held on June 10, 1949, in the City of Delray Beach, Florida, did
by majority vote of the member real estate brokers with offices
in the City of Delray Beach and who were present, pass the fol~
lowing resolution:
YH~HEAS, we are firmly convinced that the numerous "FOR SALE"
and "FO~{ ~ENT" signs erected on property in Pelt ay Beach mar the
natural beauty of our city and impair the value of its principal
commodity, real estate, and theft the best interest of Delray Beach
and its citizens would be served by the re,~ulation of the use of
such signs, and
JUNE 14TH, 1949
14tIEi{EAS, our organization has endeavored to regulate the
mrnber and use of such signs without success, ar~i
~.,/HEREAS, we believe the only practical way to regulate the
number and promiscuous use of such signs is by City ordinance
whi. ch can and will be enforced,
TliEI{EFOI{E, BE IT ~]SOLVhA), that we petit:i, on the Mayor and
Council of the City of Delray Beach, Florida, as follows:
1. That the Mayor and. Council pass an ordinance regulating
the use ~nd number of signs advertising real property fo~- sale
and for rent through the office of real estate brokers.
2. That this ordinance become effective ninety days after
passage thereof so that it shall operate with a minim,~n of herd-
ship on those who have gone to the expense of buying and erect-
ing signs.
3. That tl:is ordinance shall include the following regulat-
ions governing the use and erection of signs by those engaged
in the busi. ness of selling and leasing real estate for others.
a. No real estate broker or real estate salesman* or
their agent or representative shall place, erect,
or cause to be placed or erected on any lot, parcel
of land, building or structure within the corporate
limits of the City of l)elray Beach any sign or
similar adverti, sement offering real estate 'for
sale, exbhange, or lease except as specifically
authorized herein.
b. This ordinance shall not apply to signs at or
upon the office or place of business o~ a real
estate broker as c~rrently registered with the
Florida Real Estate Commission as required by
law.
c. Inasmuch as the welfare and growth of this city
is better served by the sucessful develoDment
of subdivisions and. new areas, and as the ~uture
development of this city should be encouraged,
said ordinance shall authorize the placing of
real estate brokers signs on subdivisions and
developments provid6d:
(1) A plat of the subdivisi_on or development
is first placed on file in the office of
the Clerk o£ the City o£ Delray Beach.
(2) Only. the exclusive agent of the developer
and/or owner of the property shall be
authorized to place his sign on the property
::,'l'he terms real es'tate broker and' real estate salesman as
used herein shall be defined as -in the ileal Estate License Law
of the ~tate of Florida.
JUNE 14TIt, 1949
(3) Such subd}~vision or developer shall consist
of not less than five acres of land, including
streets and. alleyways within the plated bound-
aries of such development or gubdivision.
(4) This authroization shall a'~ply only to signs
advertising the entire subdivision or develop-
ment and not to signs advert.Js~ng ind-ividual
lots with!n subdivisions and developments.
d. The exclusive agent of the owner of apartment houses
of two or more units shall be permitted to place his
sign on the premises advertising such property for
rent, provided that a signed copy of the exclusive
agency be first filed, in the orifice of the Clerk of
the City of Delray Beach.
e. The exclusive agent of the owner or lessee of
business property, both unimproved and improved,
located within the bo:mda~ies of the business zones
of tLis city shall be permitted to place h;s si~n on
the premises advertis'ng the premises, or any portion
thereof, for rent provided, that a signed co~y of the
exclusive agency be ~-i. rst filed in the office of the
Clerk o£ the City of ~)elray Beach.
4. That a punitive clause be included in the ordinance
providing for fine and./ or imprisormient f'or violation thereof.
5. That the ordinance shall place definite joint responsibility
upon the Buildin~ Inspector and Chie£ of Police for the enCorcement
thereof.
6. That we hold dear the principle of liberal property rights
for thc owners of real estate and do not favor too stringent re-
gulation of the reasonable use of signs b~ such legal owners. I~e
therefore reconnnend that no such regulation be included in this.
ordinance, but rather be the subject of caref,~ll study after ~ublic
hearing before the property owning public which would be affected.
7. That no regulation governin~ the size, type, ant} set-back
of real estate broker's signs be included in this ordinance as such
regulation should apply equally to the signs of both real estate
brokers and nroperty owners.
Respectfully,
THE OELI-L~Y BEACH ~]OARI) OF
~-{EALTO ils
(Signed) I4_. R..~iontgomery
President
JUNE 14TH, 1949
The Honorable Mayor and City Council
City of Delray Beach
Florida
Gentlemen:
Ye, the undersigned real estate brokers and associates with
offices in t;;.~.~ C~ty of Delray Beach personally endorse the attached
resolution of the DELRAY BEACH B0ihqD OF REALT0[{S pertaining to the
use of signs of real estate brokers and urge the passage of tm
recommended ordinance.
(Signed By 27 real estate brokers and associates with
offices in the City of Delray Beach)"
Mr. Kenneth Montgomery, President of the ttealty Board, ex-
plained that they were trying to limit the promiscuous use of
signs by real estate Brokers, but not the use of signs by indiv-
idual property owners. When questioned as to the use of swingin~
signs over the sidewalks in front of business places, he stated
that the ~{ealty Board felt that was a Froblem of the City Co'.~ncil.
A motion was then made by Councilman Bra~.non, seconded by
Councilman Mac~iillan, that an ordinance be drawn for adoption,
embracing the principals in the llesolution passed by the Realty
Board. Upon call of roll the motion carried unanimously.
Councilman MacMillan commended the members of the [tealty
Board on tLeir regulat:~on of signs among their own members.
Councilman Brannon then moved, that an ordinance be drawn to
limit the erection of signs generally in Delray Beach, so that
no sign can be erected more than 6" from the face of the building,
including the thickness of the sign, and that all signs shall be
flat with the face of the building instead of extending over the
sidewalk; that this ordinance contain a clause to apply to all
new signs immediately, and all exLstinE signs within a period of
1S months from its adoption.
There was considerable discuss-ion for and against the pass-
age of such an Ordinance, and upon motion of Councilman Brannon,
seconded by Councilman MacMillan, a public hearing was scheduled
to be.held at 7:30 p. m. on Tuesday, June 28th, for consideration
of an ordinance to be prepared as outlined, the public meeting to
be held in the Council Chambers in the Ci%y Hall.
Permit was granted R. L. Britt to erect a flat wood sign on a
buildi, ng just north of Bob's Restaurant building on Railroad
Avenue, subject to compliance with all re:~ulat:~ons, on motion
of Councilman MacMillan, seconde~d by Councilman 'Brannon, and
unanimously carried.
Bills totaling ~ 12,923.84 were approved for payment, subject
to approval df the Finance Committee, in a motion by Councilman
Brannon, seconded by Councilman MacMillan, and unanimously carried.
The City Attorney then presented an Ordinance to amend the
Plumbing Code, which was read in full as f:,llows.
JUNE 14T}l~ 1949
~LN ORDINANCE 0F TIlL CITY COUNCIL 0F 'rile CITY
0F 0EL?[~iY BEACtt, FL~;~DA: ~LNI)ING SECTION 1
0F CIi~TEi{ Xll OF TI~I~; CITY CODE PEIITAINING T0
TIlE PLUNB!.NG C0}iNISSION~ AND PII0VIDING T}tE
QU~IFICATIONS 0F TI10SE ~,~IiO SE}WE ~N SAID
C0}2;ISSION; ~.i~NDING SUB-SL.:CTION a AND b 0F
SECT[ON 3 0F CH;~TE[{ Xll 0F TIIL CITY C(}i}E PPiR-
TA~N'rNG T0 TIlL EiG~'ilNATIONS AND FEE F01I PL~IB-
ING CERTIFICATES~ PRESC;IIBING FOP~ 0R/G. ~LN'I)
~rRITTb;N EXANIN~Tr0NS FO}t At:PLICANTS THE~F0tt,
AND F~ttTI[ER PRESCI[I;BING F0?[ TIlE RE C0~IN?;NDATIONS
0F 'rtlE PL~iBIN& C0blNISS!'0N TO BE SUB}.IYTTED T0 THE
CITY COUNCIL FOR FINAL DECISION AS TO THE GRANTING
OF A CERTIFICATE TO A HASTER PL[~BER 0~ TO A
JO~iNL~btN PLUNBLi{.
Nr. George Pinckney~ Plumbing Inspector, objected to the pro-
vision for only one ~aster Plumber on the Examining Board. He con-
tended 'that at least two Naster Plumbers were needed, and possibly
one Journeymen Plumber besides.
After discussion, Section 1 of the proposed. Ordinance was
amended to set up an Examining Board to be composed of - One Naster Plumber
One Journeyman Plumber
Two qualified electors
The Plumbing Inspector
A motion was then mde by Councilman Brannon, seconded by
Councilman NacSlillan, that the foregoing Ordinance be placed on
First reading, and upon call of roll the motion carried unanimously.
The Council then adjourned.
ATTEST: