03-24-48JointMtg ~RCH 2~TH, 19~+8
Upon call of the Mayor a joint meeting of the City Council and the ~.oning
Board was held in the Council Chambers for the consideration of an over-all rezon-
ing of the City and the adoption of a legal comprehensive zoning map of the City
based upon a map adopted on May 27, 19d7, the legality of which is questionable,
with Mayor L H Brannon, City Attorney John ~oore, City Manager Chas E Black, and
the following Councilmen present: M M DeWitt, Nell E MacMillan, and C J White,
Chairman, Bruce Puckett and Kenneth Jacobson.
Councilman ~q~ite brought up the question of the zoning of 150' from the center
line of West Atlantic Avenue as a Special Business Zone, which was recommended by
the Zoning Board and approved by the City Council at the meeting held on March 23rd,
stating that the majority of lots are l~O' deep, and this would zone part of a lot
for Special Business, and part for Residential purposes.
Mr Cone explained that this was recommended to correspond with the Fire Zone
Ordinance which places 150' from the center line of West Atlantic Avenue in Fire
Zone No. l, and suggested that it be left at 150' and increased to 175' on the over
all rezoning plan if considered necessary by the Council, specifying in the Public
Notice that there would be changes in set-backs and lot lines in this area.
City Manager Black suggested that this zone be ~esignated as "To the present
dedicated alleys, and where no alleys are dedicated, 173' from the center line of
West Atlantic Avenue".
~fter discussion by both the Zonin~ Board and the Council, a motion was made
by Mr Puckett, seconded by Mr Jacobson, that the Zoning Board recommend to the
City Co~cil that the distance from the center line of Atlantic Avenue be changed
from 150' to 173' to be designated as a Special Business District, and upon call
of roll the motion ~arried m~animously.
A motion was then made by CoerciOn l~ite, seconded by Councilman DeWitt,
that the Council accept this recommendation of the Zoning Board, and upon call of
roll the motion carried unanimously.
Mr Jacobson of the Zoning Board, recommended that the Council consider making
a change in the square footage requirement for two family dwellings in a Residence
"B" District, stating that our present requirement is only 5000 sq. ft. whereas
the F H'A requirement is 7500 sq ft which in ~is opinion would be a great advantage
to the growth of the City.
After consideratio~ a motion was made by Mr Jacobson, seconded by Mr Puckett
that a recommendation be made to the City COUrAcil that the minimum area requirement
for the construction of a two family dwelling in a Residence "B" District be 7500 sq
ft. Upon call of roll the motion carried unanimously.
City Attorney Moore stated that Ordinance No. G-30, adopted May 27, 19A7,
provided for photostatic copies of the Zoning Map to be prepared, but he brought out
the fact that photostatic copies would not show the colors which indicate the
different zoning districts, and st~gested that symbols be used in making these copies.
MARCH 24TH, 19g8
City Manager Black advised the Council that the color scheme to be followed
is designated in the Zoning Ordinance, and in order to deviate from this the
Zoning Ordinance would have to be amended. ~r Black suggested that certified
copies of the zoning map be made. No action was taken on this matter.
Mr R B Puckett of the Zoning Board then stated that a certain area connec-
ting with the proposed 8th Street Bridge was not within the City limits, and
urged the Council to annex this territory to the City in order to control the
type of construction along this future causeway. Nr Puckett, also, recommended
that the area along the ocean front,both north and south of the City be annexed
to the City, which would orovide additional income from taxes, and would also
give %he City the,poW~-r~to 6ohtrol' the~.':b.~ oF bbnst~uction'in', th~s'.terr~_to~y~
The City Attorney was instructed to check the procedure which must be
followed in annexing additional land to the City, and to report back to the
Council. .
The proposed rezoning map, which had been considered and approved by the
zoning Board, and the changes which had been recommended by the Zoning Board
at the meeting of the Council held on March 3rd, had been made was then filed
with the City Clerk and the following Resolution No. 661, calling a public hear-
lng, to be held at 8 P N on Monday, April 12th, in the Community Civic Center
Building, where it could be examined by interested persons~ notice of such hear-
lng to be published in the local newspaper in the issue of April 2nd and 9th, 19&8.
Resolution No 661 was presented and read in full as follows:
RESOLUTION NO. 661
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY B~CH, FLORIDA, APPROV-
ING A COUPREHENSIVE ZONING MAP OF SAID CITY SUBJECT TO PUBLIC HEARING OR HEAR~
INGS AS SPECIFIED, ~hrD SUBJECT TO DUE NOTICE OF SUCH qEARINGS.
BE IT RESOLVED by the City Coumcil of the City of Delray Beach, Florida,
presented by the City Manager to the City Council on March 23, 19~8, be and the
same is hereby approved, subject to approval by property owners of this City
who shall voice their approval or objections thereto at a public meeting to be
held on April 12, 19&8 at 8 P M at the Civic Community Center Building, formerly
the U S 0 BuildL~g, on SE &th Avenue, Delray Beach, Florida, and further provided
that notice of the time and place thereof be given by publishing ~the same in the
Delray Beach News once a week for two consecutive weeks, and during such time a
copy of such map shall be on file for public examination in the office of the
City ~{anager.
ADOPTED by the City Council of the City of Delray Beach, Florida, this
the 2,~th day of '~ ~
' ~,.~'~ ~ ~, D !9~8.
(Signed) L H Brannon
President, City Council
APPROVED:
AT~ST: (Signed) L H Brannon
(Signed) Ruth R Smith ~ayor
City Clerk
(S~L)
~RCH 2;~TH, 19~8
The Clerk then presented proof of the publication of an Invitation for bids
on furnishing one 5 HP Tractor, two wheel pneumatic tired, with 30" rotary reel
mower., for use in the Park and Tree Department, which proof was spread upon the
minutes as follows:
"INVITATION TO BID
The City of Delray Beach will receive sealed bids on or before A:OO PM~, EST
2& March 19&~, on the following equipment:
One each tractor, 5 HP, two wheel pneumatic tired, with ~0" rotary reel mower.
Specification may be obtained at the office of the City ~anager, Delray Beach,
Florida.
Bids must be accompanied by a bond or certified check in the amount of 5~
of the bid
The City reserves~the right to waive formalities and reject any or all bids.
CHARLES E BLACK
City Manager
March 19, 19&8."
AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PAI~ BEACH
Be.fc~'e the undersigned authority personally appeared Howard Berg, Jr who on
oath says that h_~e is publisher of the Delray Beach News, a weekly newspaper
published at Delray Beach in Palm Beach County, Florida; that the attached cony
of advertisement, being a Invitation to Bid in the matter of City of DelraF.
Beach in the Court, was published in said newspaper in the issues
of Mar.~h 19.,. 1948.
Affiant further says that the said Delray Beach News is a newspaper pub-
lished at Delray Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach Coumty,
Florida, each Friday and has been entered as second class mail matter at the post
officein Delray Beach~ in said Palm Beach Co~nty~ Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any person, firm
or corporation any discoont, rebat~, commission or refund for the purpose of
securing this advertisement for publication in the said newspaper.
(SiNned) Howard Berg, Jr
Sworn to and subscribed before me this 19th day of March A. D. 1948. (Signe-~ Hazel V Snow
Notary Public, State of Florida at Large
My commission expires February ~, 19~9,
Bonded by American Surety Co. of N Y
SEAL
One bid was received in response to the foregoing notice, from ~.~r Wylie
Ewing in the amount of $ 462,&8, accompanied by certified check in the amount
of $ 23.13, or 5% of the bid price, as required.
1. Tractor, 2 ~eel-Pneumatic tired, 5hp -4 Cycle Engine - $ 318.70
1. Rotary Reel Mower head to fit above tractor - $ 1&3.78
Net Grand Total -
Above equipment carries standard 90 day guarantee against defects in
workmanship or materials.
The above equipment made by Gravely motor plow and Cultivator Co.
FOR BIDDER ONLY
Quotation No.
Date 22n March,
We submit the above prices and agree to make shipment at once from stock
days from receipt of order. Unless notified to the contrary, this offer is
good for ten days from the limitation date set for receiving bids. Terms for
payment are as follows: Net cash - no Discount.
In submitting the above, it is expressly agree that, upon proper accep-
tance of any or all items by the City Manager, a contract shall be created.
(Signed) Wylie B Ewing, Bidder
A motion was made by Councilman DeWitt, seconded by Councilman ~!ac~llan,
that the bid of Nr Wylie Ewing be accepted, and the machine as above described
purchased. Upon call of roll the motion carried unanimously.
A letter from U S Congressman Dwight L Rogers,' was then read as follows:
File Ref:
PO
DELRAY BEACH, FLA
March 22, 19~8
"Mrs Ruth R Smith
City Clerk
Delray Beach, Florida
Dear Nfs Smith:
Receipt is acknowledged of your letter of the 19th, enclosing to me a certified
copy of Resolution No. 658, for which I thank you.
As you know, Delray Beach is on the eligible list for a new post office in the
recommended amount of $105,00Q, however, the Congress has made no appropriation
for public buildings and post office~buildings for the last few years. Please
be assured that just as soon as the Congress does appropriate funds for this
type of construction I shall do everything I can to see that Delray Beach is one
of the first on the list to get a new post office building.
Thanking you for writing me, and with kind regards, I am
Sincerely yours,
Signed- Dwight L Rogers"
DL /c
MARCH 24TH, 1948
Mayor Brannon recommended that the railroad crossing at NE 1st Street be
condemned and opened to public use, based upon reasonable need for relief of
traffic on Atlantic.
A motion was made by Councilman MacMillan, seconded by Councilman DeWitt,
that the City Attorney be instructed to start condemnation proceedings to open
the NE 1st Street crossing of the Florida East Coast Railroad tracks, and upon
call of roll the motion carried unanimously.
Council then adjourned
(Signed)
City Clerk
APPROVED:
Mayor