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07-26-49 JULY 26TH, 1949 ~egular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 p. m. with Mayor J. L. Saunders in the Chair, and City Attorney John Moore, City Manager Charles E. Black and the following Councilmen present: L. H. Brannon, John N. Kabler, Neil E. MacMillan, and Walter A. ~oth, a quorum being present. A petition on hehalf of five property owners in the vicinity oC Seabreeze Avenue and Lowry Street, filed by Attorneys Alley, Drew, Burns and Middleton of West Palm Beach, was presented as £ollows: "To the Mayor and Town Council of the City of Delray Beach, Florida: Your petitioners, M~S. CHARLES B. HOUSTON, M. F. TIERNAN, GEI{ALD J. ItENRY, RALPH S. SOLLITT and MA~Y and E~GENE WRIGHT, respectfully represent unto your Honorable Body as follows: I. Petitioners are the owners of the following described lands in Delray Beach, Florida, to wit: 1. Hrs. Charles B. Houston Lot 18 Ocean Breeze Estates 2. M. F. Tiernan Lot 15 Ocean Breeze Estates 3. Ralph S. Solitt Lot 11 Ocean Breeze Estates (N. W. Corner of Seabreeze and Lowry Ave.) 4. Mary and Eugene Wright Lots 14, 15, 16 and 17 of Seabreeze Park (S.W. Corner of Seabreeze & Lowry Ave.) 5. Gerald J. Henry Lot 16 of Ocean Breeze Estate II. All of the above property is located in the vicinity of the intersection of Seabreeze Avenue and Lowry Avenue in the City of Delray Beach, Florida, and in a very desirable and high class residential area in said city, all as shown on the photo- graphs (with explanatory notes) attached to and made a part of this petition. III. There is attached to and made a part hereof a plat showing the present zoning o£ petitioners' properties and other properties in the vicinity hereof. IV. The area shown on the attached plat and by the attached photographs constitutes one of the most rapidly developing areas in the City of Delray Beach. Many of the newest and finest homes in Delray Beach h~ve been built on Seabreeze and Lowry Avenues 21 · ~UNE ~6TI-[~ 1949 and the area immediately north of Lowry Avenue. A large residence is now under construction on the southeast corner of said inter- section. It is respectfully submitted that the homes in this area have been built and great s~lms of money expended by the owners thereof on the faith of and in the belief that the character of area would be maintained as a high class residential area under the Zoning Ordinances of the City. IV. In 1947 the City Council adopted an Ordinance approving a new Zoning Map for the C£ty of Delray Beach. The effect of such action was to rezone a great amount of property in said city, including the land on the south side of Lowry Avenue west of the property of the petitioner Wright and across the street from the petitioners Houston and Henry. Whereas such property had there- fore been zoned as Residential such action changed the classifi- cation thereof so as to allow thereon hotels and apartments. Such zoning was again re-enacted by Ordinance of the City Co,lncil on April 27th, 1949. The effect of such rezoning of the south side of the West end of Lowry Avenue was to greatly depreciate the value of the property of your petitioners and to destroy the residential characteristic of the neighborhood. V. It is respectfully submitted that the Ordinances afore- said were ill advised and that such changes must have been an oversight on the part of the City Council, and that such action should be forthwith re-considered and the zoning of such area changed back to strictly residential before any improvements are made on said lands. That if said lands are not forthwith rezoned as prayed and if apartment houses or hotels are erected on any of said lands, the property of petitioners and others in the vicinity thereof will be irreparably damaged and the character of the neighborhood and particularly Seabreeze Avenue and Lowry Street will be irretrievably lost as a high class residential area. VI. Petitioners further represent that the provisions of Chapter 176 F.S.A. with reference to notice and public hearings were not complied with by the Town Council when the Ordinances referred to herein were adopted. VII. Apartment houses or hotels erected on the lands on the south side of Lowry Street b~tween petitioner Wright's property and Intracoastal Waterway (now zoned for such purpose) will greatly increase traffic on Seabreeze Avenue and Lowry Streets, will result in traffic congestion in the area of petitioners' homes and other homes, will endanger children of residents in the area in the use of the streets, will impede and hinder the free circulation of air and diffusion of lights and, for these reasons and others, destroy the property of petitioners and others in the vicinity thereof for residential purposes. VII. Unless the change in zoning as requested herein is made the damage to petitioners and others similarly affected (and there- by the City as a whole) will be greatly disproportionate to the benefit ~ich will be received by the owners of said lands on the south side of Lowry Avenue aforesaid now zoned for apartments. JULY 26Tli, 1949 That the area from Petitioner Wrigh%'s home to the Intracoastal Waterway on the south side of Lowry Avenue for a reasonable depth is by its very nature and surroundings residential and primarily adaptable to such purpose. That said lands are to all intents and purposes as valuable for residential sites as for apartment or hotel sites. VIII. In order %o avoid irreparable injury %o petitioners and others similarly affected and %o the end that the general welfare of the City may be promoted, petitioners suggest that pending the orderly consideration of this petition the Building Inspector of Delray Beach be instructed to issue no permits for the construction of other than one family residences on the area aforesaid. 1X. Your petitioners, in consideration of the premises, pray: · A. That notice of the filing of this petition and of the substance thereof be given by registered mail and in such other manner as the Council may determine to the owners of property in the affected area and such others as this Honoralbe Body shall determine, of the intention of %~is Council--or such other sub- ordinate Body as the Council shall determine--to hold a public hearing hereon and the date and place of such hearing. B. That, if this petition be referred to a sub-ordinate Body of %he City for hearing as aforesaid, this Honorable Body. fix the time and place of such hearing and request the recommen- dations of such Body thereon as soon as practicable. C. That the Building Inspector of Delray Beach be instruct- ed %o issue no permits for the construction of ~%her than one family residences on the lands on the south side of Lowry Avenue between the Wright property and the Intracoastal Waterway until the further order of the Town Council. D. That upon such notice and hearing aforesaid this Honorable Body take such action as shall be necessary to change the zoning on the south side of Lowry Avenue from petitioner Wright's property to the Intracoastal Waterway and to a reasonable depth on said street from Apartment House District %0 ResideneeA. Respectfully submitted, ALLEY, DREW, BURNS & MIDDLETON By.(Signed) E. Harris Drew STATE OF FLORIDA COUNTY OF PALM BEACH E. HARRIS DREW, being duly sworn, says: That he is a member of the firm of Alley, Drew, Burns & Middleton; that he has written authority from each of the petitioners above named to execute this petition in their behalf; that all of the allegations contained in the foregoing petition are true. (Signed) E. Harris Drew JULY 26TH, 1949 Mr. Paul Rogers, representing the above firm, addressed the Council, explaining the petition in detail, and asked the Council to consider the rezoffing of the south side of Lowry Street west of Seabreeze Ave. which is now zoned as an Apartment District, to a Residence "A" District, south to a reasonable depth, possibly 150'. South of this Residence "A" District could still be zoned for apart- ment construction, but would not depreciate the value of surround- ing properties. After consideration, a:motion was made by Councilman Kabler, seconded by Councilman Brannon, that this request be declared an emergency, and referred to the Zoning Board for consideration and recommendation as soon as possible. Upon call of roll the motion · carried unanimdusly. City Hanager Black advised the Council of a situation existing on N. E. 8th Avenue, north of 7th Street, where the City limits fell 20' - 30' east of the street right-of-way, leaving the balance of property outside of the City. In this instance the water meter is located within the City limits, and City water rates have been charged, and. garbage service has been applied for and given, although the house is outside of the City. Homestead Exemption has also been applied for on the 20' within the City limits. Mr. Black stated that other lots in this Block may be faced with the same situation in the future. A motion was made by Councilman Brannon, seconded by Councilman Kabler, that the City Manager be instructed to charge out-of-city rates for water, and to discontinue garbage service, also to grant Homestead Exemption on the west 20', more or less, which is in the City 'limits. Upon call of roll the motion carried, all of the Councilmen voting favorably except Councilman MacMillan, who voted "No". Councilman HacMillan explained his vote by stating that he con- sidered it inconsistent to grant Homestead Exemption on a vacant lot. City Hanager B~ck advised the Council t~mt the Youth Recration Committee had again asked that a Resolution be drawn to set up and define the duties of their Committee, similar to the Resolution defining the activities of the Golf Committee. Hr. Black advised that reports on their activities end expenditures for the year were on file. Ile was instructed to ask the~ Committee to draw up their own recommendations for such a Resolution, and submit them to the Council for approval. Councilman Roth suggested that this Recreation Committee be expanded to supervise summer entertainment in City parks, speaking specifically of soft ball games which the Jr. Chamber of Commerce have sponsored and promoted, until it has become too much for them to handle. Councilman Brannon felt that by centralizing the authority of 'all activities under one head the initiative of workers would be lost, and paid workers would have to be employed, at ~n extra expense. He suggested that the Athletic Committee take over the management of the Soft Ball games. JULY 26TH, 1949 The forming of a Committee from different Civic organizations who sponsor a soft ball team, or a voluntary Committee of five men, to manage the Soft Ball games during the summer, were discussed, but no action was taken at this time. City Manager Black then explained to the Council that the City owned bulldozer would have to be repaired in order to be used at the bump, that extra activity this summer between the Golf Course consbruction work and the garbage dump had damaged the machine beyond the point of minor repairing. He submitted an estimate of approximately $ 1,500.00 from a Miami concern, which services this type of equipment for this area. Mr. Black also stated that he had received a co~plaint from the County Health Department on the condition of the garbaEe dump., resulting from lack of use of the bulldozer there. Councilman Kabler recommended that the City Manager be author- ized to have the bulldozer repaired as soon as possible, and also that the Council consider the purchase of a new machine, of the same type, as he did not feel it shoud be taken away from Mr. B]a~k on the Golf Course work as long as it was needed there, and the disposal of garbage at the dump should be worth an expenditure of around $ 9,000.00 to the City. A motion was then made by Councilman Brannon that this machine be repaired immediately, and that the ~ity Manager be given authority to allocate it's use wherever needed most. The motion was seconded by Councilman MacMillan, and upon call of roll carried unanimously. Councilman Brannon then moved that the City Manager be in- structed to immediately advertise for bids for the purchase of a new bulldozer, similar to the one we have, or of equal capacity, to be delivered as soon as possible and to be paid for January 1950. Mr. Black stated that when the Golf Course extension is com- pleted continuous use of two bulldozers will not be needed, although more work could have been done this year if he had had an additional machine. Councilman MacMillan could see no necessity for purchasing an extra bulldozer when the Golf Course work was so nearly completed, and Mayor Saunders stated that he would rather have the old machine repaired and wait until the new budget, is set up to determine whether another bulldozer is really needed. The foregoing motion was seconded by Councilman Kabler, and upon call of roll carried', Councilman Brannon, Kabler and Roth voting in favor of the motion, and Mayor Saunders and Councilman MacMillan opposing. Upon motion of Councilman l{oth seconded by Councilman Kabler, unanimously carried, an appropriation of $ 25.00 was authorized to be paid to the Palm Beach County Association.of }iunicipalities. At the request of the Jr. Chamber of Commerce, City Attorney Moore had prepared an amendment to the Occupational License 0rdin- , ance pertaining to the licensing of solicitors for out of town merchants. This proposed Ordinance was read as follows: 215 JULY 26TH, 1949 AN ORDINANCE OF TIlE CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 192 OF ORDINANCE G-11, PERTAINING TO PEEDLERS OF MERCHANDISE, PRODUCTS, AND OTHER PR01)UCTS, AND REPEALING ,tLL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH. Hr. Moore explained that the increased license fee would not affect local merchants, nor wholesalers dealing only with retailers, who operate under State Statute. In order to be effective the license fee would have to be set very high, and in his opinion it would be discriminatory. After further discussion, and after deleting the Section pro- viding for peddling through waterways from boats, a motion was made by Councilman Brannon, seconded by Councilman MacMillan, that the Ordinance be placed on first reading, and upon call of roll carried unanimously. The advisability of operating aFilling Station for boats at the City Docks was discussed, but no action was taken. Mayor Saunders brought up the question of the passage of an Ordinance stating just what will be allowed along the Canal banks, and it was referred to the Zoning Board for consideration at its next meeting. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-80 AN ORD1N~LNCE OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACtI, FLORIDA, RESTRICTING THE PLACING A~NI)/OR ERECTION OF SIGNS OR ADVERTISING BY ~kNY HEAL ESTATE BROKER OH SALESMAN; PROVIDING CP~{TAIN EXCEPTIONS FOR REAL ESTATE B~(OKEHS AND/OR SALESMEN; EXF}~TING PROPERTY OWNERS FROM THE PROVISIONS HEREOF, AND PROVIDING A PENALTY THEREFOR. BE IT ORDAINED by the City Council of the City of Delrey Beach, Florida, as follows: Section 1: That after the effective date of this Ordina~ce, it shall be unlawful for any fi?m, corporhtion or individual engaged in the business of selling and/or leasing real estate for others, whether the same be a real estate broker or a real estate salesman, as defined in the Ileal Estate License Law in the State of Florida, to place, erect or cause to be erected on any lot, parcel of land, building or structure within the corporate limits of the City of Oelray Beach any sign or similar advertisment offering real estate for sale, exchange or lease except as specifically authorized herein. Section ~: That this Ordinance shall not apply to signs at or upon ~he office or place of business of any real estate broker. JULY 26TH, 1949 Section 3: That any real estate broker may place signs or advertisements upon sub-divisions and real estate developments, provided: (a) A plat of the subdivision or development is first placed on file in the office of the Clerk of the ~ity of Oelray Beach. (b) 0nly the exclusive agent of the developer and/or owner of the property shall be authorized to place his : sign on the property. This exclusive agency must be in writing, signed by the owner or ~eveloper, and placed on file in the office of the Clerk of the City of Delray Beach prior to the erection of the agent's sign. (c) Such subdivision or development shall consist of not less than five acres of land, including streets and alleyways within the platted boundaries of such develop- ment or subdivision. (d) This authorization shall apply only to signs adver- tising the entire subdivision or development and not to signs advertising individual lots within subdivision and developments. (e) The exclusive agent of t~owner of apartment hOuses of two or more units shall be permitted to place his signs on the premises advertising such property for rent, provided that a signed copy of the exclusive agency first be filed in the office of the Clerk of the City of Delray Beach. (£) The exclusive agent of the o~ner or lessee of busi- ness property, both unimproved and improved, located within the boundaries of the business zones of this city shall be permitted to place his sign on the premises ad-, vertis[ng the premises, or any portion thereof, for rent provided that a signed copy of the exclusive a~ency be first filed in the office of the Clerk of the wiry of Delray Beach. Section 51 That all ordinances or parts of Ordinances in- sofar as they may be inconsistent or in conflict w~ith the provi- sions of this ordinance, be and the same are hereby repealed. Section 4: That none of the provisions of this Ordinance shall apply to an owner placing signs upon his own property. Section 6: That any corporation, firm, agent or person violating any section or sections of this ordinance shall be deemed ~uilty of a misdemeanor and sub,eot to a fine not to exceed One Hundred ($100.00) Dollars or by imprisonme~t for a term not to exceed thirty (30) days or by both such fine and imprisonment within the discretion of the Municipal Judge. PASSED IN regular session on the second and final reading on this'the 26th day of July, A. D. 1949. ATTEST: (Signed) J. L. Saunders Pre'sidsnt, City ~ounc~l (Signed) Ruth R. Omith ~kPPR0VED City Clerk (Signed) J. L. Saunders SEAL" Mayor JULY 26TII, 1949 A motion was made by Councilman HacHillan, seconded by Council- man Brannon~ that the foregoing Ordinance No. G-SO be passed and adopted as read, and upon call of roll the motion carried unanimously. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-81 AN ORDINANCE 0F TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FL0~IDA, RATIFYING, VALIOATING ~D CONFIRMING ALL DEED RESTRICTIONS CONCERNING P[(0PEI[TY LOCATED IN SEAGATE SUBOIVISION OF D,kLRAY BEACII, FLORIDA. BE IT ORDAINED by the City Council of the City of Delray, Beach Florida, as follows: Section 1: That all deed restrictions concernin~ Seagate sub- divsion of the City of Delray Beach, Florida, be and the same are hereby validated, ratified and confirmed. PASSED in regular session on the second and final reading on this the 26th day of July, A. D. 1949. (Si~ned) J. L. Saunders President, City Council ATTEST: APPROVED: (Signed) Ruth t(. Smith CitY Clerk (Signed) J. L. Saunders Mayor SEAL" Upon motion of Councilman Roth, seconded by Councilman Kabler, unanimously carried, the foregoing Ordinance No. G-SI was passed and adopted as read. A motion was then made by Councilman Brannon, seconded by Council- man Kabler, that the City Attorney be insturcted to obtain certified copies of the three Bills recently passed by the Legislature, namely the proposed City Charter, the Civil Service Bill and the Pension System Bill, so that copies may be prepared for Civic organizations for study before the coming election. Upon call of roll the motion carried unanimously. Upon motion of Councilman Brannon, seconded by Councilman Kabler, unanimously carried, bills totaling ~ 12,396.32 were approved for payment, subject to approval of the Finance Committee. Permit to install three under-ground tanks on property of Shaw Bros. 0il Co. at the corner of N. E. 1st Avenue and Atlantic Avenue, was approved, subject to compliance with usual re~lations, upon motion of Councilman Brannon, seconded by Councilman MacMillan and unanimously carried. JULY 26TH, 1949 A lay-out plan of proposed hotel buildings ~to be constructed on Lots 6 - 10, inclusive, Block 1, Ocean Park, John N. Kabler, owner, was presented by City Manager Black, who explained that all restrictions would be complied with with the exception of the set-back on the south, which was shown on,the plans as 5', ~nd the required set-back is 10'. Although only a 5' sideset-back is required in a business zone, where a business zone joins an apart- ment zone, as in this case, the side yar~set-back must be increased to 10'. A motion was made by Councilman Brannon, seconded by Council- man MacMillan, that the application be referred to the Zoning Board for consideration of this deviation from set-back requirements, and recommendations back to the Council. Upon call of roll the : motion carried unanimously. Application for permit to construct a Service Station on the northeast corner of the Federal Highway and Sth Street, filed by the Orange State 0il Company, was approved, subject to compliance with all set-back and Building Code regulations, upon motion of Councilman MacMillan, seconded by Councilman Brannon, unanimously carried. In a motion by Councilman Brannon, seconded by Councilman MacMillan, unanimously carried, an application filed by John N. Kabler, for permit to construct a store building on Lot 62, McGinley & Gosman Subdivision, on the southwest corner of the North Federal Highway and 8th Street, was approved, mbject to approval of t~ Building Inspector as to set-backs and other regulations. An application for ~rmit to construct a concrete blobk building, to be used as a wareho,~se, on the rear of Lot 6, Block 92, to be separated from the existing building by a 4' alleyway, was presented for approval of the Council. The building on the front of this lot, facing on Atlantic Avenue, was built in violation of front set-back requirements. It was the consensus of opinion of the Council that the build- ings should be joined together, rather than leave a space of 4' between. A motion was made by Councilman Brannon, seconded by Council- man MacMillan, that permit be approved subjr, ct to joining the t~o buildings, if feasible to do so, and upon call 6T roll the motion carried unanimously. Councilman Brannon then outlined a plan for creating a Delray Beach Housing Authority, by purchaDing Block 45, just east of the Gladiola Festival Fair Grounds which are City owned, on West At]antic Avenue, from John B. Reid, which he believed could be purchased for about $ 15,000.00. On the south 500' he proposed to build fifty dwelling units, two story buildings of four units each, with a park or playgrounds in the center, and a street around the outher edge, saving the north 200' for the use OP the City fo~.n~r~City~Hall building, and a Fire Station, with City offices and a City Auditorium on the second floor. He explained that the project could be financed through a Federal Housing Act recently adop~e~, and cost to the City would be very little over a period of many years. He believed that the present City Hall building could be sold and proceeds applied JULY 26TH, 1949 on the new building, when constructed. It would be a better location for a City building, and remove bottlenecks for the Fire Department. Mr. Brannon recommended that the Council take steps toward acquiring the property, and planning for the future, feeling that the property could be acquired at a fair price in view of the concessions which have been made to }ir. Reid by the City in the development of Reid Village. The Council ~as advised by the City Attorney that specific authority would have to be contained in our Charter~ which would require an amendment to our present Charter, or to the proposed ~harter, which can be passed when the Legislature reconvenes in September. The project was discussed further, whereupon a motion was made by Councilman Brannon that the City Couficil authorize the immediate study of the thought toward f0~ming a Delr~y Beach Housing Authority~ and acquiring suitable property, the City Council to act as a Committee as a whole~ for such study. The motion was seconded by Counciim~,n Roth, and upon call of roll carried unanimously. Councilman MacMillan then asked f~r a report on the improvement of the Cemetery~ and was informed thatMr. Frederick S. Neafie, who had paid $ 1~500.00 license fee for the ce ming year to operate his beach equioment concession~ which the Council had instructed. ~ahe City Manage~ to use in beautifying the.Cemetery~ had requested that his check be returned upon being infor~d that the fee would be raised to $ 2,000.00, therefore no funds were available for this work. Upon motion of Councilman Brannon, seconded by Councilman MacMillan~ unanimously carried, the Clerk was instructed to return the ~ 1,500.00 license fee paid by Mr. Neafie, and the City Manager was asked to use such City crews as can be spared from parks or other sources~ to work on the cemetery. No action was taken on the increase of the Beach. concession license fee from $ 1~500.00 to ~ 2~000.00 at this time. City Attorney Moore advised the Council~ with reference to the opening of the N. E. 1st Street railroad crossing~ tinct he had called the Attorney for the Florida East Coast Railway Co. in Jacksonville, and had redrafted an agreement in accordance with Council's instruct- ions, which had been sent to him for approval, i~e recommended that they be given until next Tuesday for advise on the Trustee's action on the new agreement. A motion was made by Councilman NacMillan that the City Attorney be instructed ~o notify the Council by ne~t Tuesday of the Railway Co's reply, and if their answer is unfavorable to start condemnation proceed- ings at once. The motion was seconded by Councilman Brannon and upon call of roll carried unanimously. The meeting then adjourned. ~ ~~~~ City ' Clerk ATTEST: Mayor ~'~