08-10-48 AUGUST 10TH, 19&8
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 L. H. Brannon in the Chair, and City
Attorney John Moore, City Manager Charles E. Black, and the following Councilmen
present: M. M. DeWitt, John N. Kabler and Nell E. MacMillan, a quorum being present.
Mr. Charles Senior, local .Uanager for the Florida Power & Light Company., appeared
before the Council, requesting permission to construct a Butler type of metal building,
to be used as a store room and shop headquarters for the. Distribution Supertintendent
of the Florida Power & Light Company, on a tract of land east of t~ Florida East
Coast Railroad, just north of Germantown Road, which is in an Industrial Zone. Mr.
Senior explained that his Company was planning to use this type of building in the
future, that the construction was all tied to steel, and they felt the buildings were
perfectly safe and would withstand any storm.
City Manager Black advised the Council that metal buildings were prohibited any-
where in the City, and a Special Permit would be required.
A motion was then made by Councilman DeWitt, seconded by Councilman Kabler, that
an emergency be declared and the application referred to the Zoning Board, with the
request that they meet with the Council on Thursday, August 12th at 2 o'clock, to
consider the establishment of districts in which metal buildings should be allowed,
if any. Upon call of roll the motion carried unanimously.
Mr. C. W. Garner, representing the Finance Committee of the Resource Development
Board, addressed the Council, outlining plans for a County-Wide Barbecue to be held
at Boynton Beach on Labor Day, stating that Mayor Brannon, as Mayor of the City, was
Chairman of the local Committee to raise the fdnds needed from this City. Mr. Garner
stated that Delray Beach' s pro rata quota was $ 550.00, and asked that the City Council
contribute, this amount as an investment in good will.
Mayor Brannon a~nounced that the Lions Club had pledged $ 25.00 to the Committee,
and Mr. Garner agreed to donate $ 25.00 if the Council would pledge ~ 500.00.
After consideration, a motion was made by Councilman DeWitt, seconded by Council-
man MacMillan, that a contribution of ~ 300.00 be made to the Research Develooment
Board for this Labor Day Barbecue, the balance needed to be raised by the Committee
from other sources. Upon call of roll the motion carried unanimously.
Mr. Lee Monroe, a negro representing the Delray Beach Civic League, addressed
the Council, with reference to the division between the white and colored sections
of the City, especially between N. W. 1st and &th Streets, explaining that the line
was designated on a map in the Buildings Inspec+mr's Office as being on the center
line of N. W. 2nd Avenue, but according to the City Code the dividing line was des-
ignated as being in the center of N. W. 3rd Avenue. Mr. Monroe stated that property
immediately west of N. W. 2nd Avenue is owned by colored people, and has been for
many years, and City taxes have been pa~_d by these colored people, however, a building
permit had recently been denied for the construction of a home fronting on N. W. 2nd
Avenue, for a colored person, as the property is located in a white zone according
to the City Code.
The Council had considered amending the City-Ordinance to establish this dividing
line in the center of the blocks between N. W. 2nd and 3rd Avenues, but Mr. Monroe
stated that the property owners affected were not willing to sell their property,
and the Civic League would not consent to this change.
AUGUST 10TH, 19&8
Mr. Carl S. Hall, applicant for a permit to build a house on Lot 9, Block
&2, facing on N. W. 2nd Avenue, .then addressed the Council, stating that the
white area would be 1 1/2 blocks from any colored homes, that this area was
originally designated as a colored area, and the colored people intend to remain
there. He contended that with the growth of the town, the section~designated as
colored was much too small, being less than one square mile. Ne liked to think
of this Country as a land of opportunity, where all people could feel free.
The matter was referred to the Zoning Board for consideration on Thursday,
August 12th.
Mr. Harry Gordon, owner of the Delray Madhine Shop, located at 32 N. E.
2nd Avenue, complained of water coming in from Swinton Avenue and East Atlantic
Avenue, and standing on N. E. 2nd Avenue for several days at a time, and asked
for some drainage relief.
City Manager Black then explained to the Council that he was working on a
drainage plan, together with the RoFal Palm Ice Co., to drain the area from
East Atlantic Avenue north to 2nd Street, then east to the Canal, a distance of
approximately 2&O0'. He estimated the oost would be around $ 7,000 - $ 8,000.
depending on ~he size of pipe used, and the cost of laying the tile would be
approximately the same amount, plus the extra cost of laying pipe lines under
the railroad tracks and the Federal Highway.
Mr. Edward S. Wilkinson, local Manager cf the Royal Palm Ice Plant, stated
that his Company was spending considerable money for improvements, and asked
what part of the drainage program th~ City would expect them to assume.
Mr. Black suggested that the 0ity assume 1/3 of the cost of the project,
and the balance be borne by the Ice Company and the property owners affected,
the entire project not to exceed $ 15,000.00.
A motion was then made by Councilman DeWitt, seconded by Councilman Kabler,
that t~ City assume 1/3 of the cost of the drainage project as outlined by the
City Manager, the total not to exceed $ 15,000.00, and that the City Manager
be instructed to request permits from the State Road Department and the Florida
East Coast Railway Company for right-of-way to tunnel under the Federal Highway
and the railroad tracks, and that t~e Royal Palm Ice Company and property owners
work with the City Manager on the financing of the 2/3 balance; the City Manager
to work out the. engineering features. Upon call of roll the motion carried
unanimously.
Mr. Wilkinson advised the Council that he felt his Company would be willing
to finance 1/3 of the entire cost of the project.
Mr. R. Bruce Puckett then asked that some provision be made for the drainage
of East Atlantic Avenue, east of the bridge, possibly by requiring the owners of
the vacant property north of Atlantic Avenue to fill their land to prevent an
over-flow from the Canal during high tides, stating that high waters stagnate
business, ruin automobiles, and create a dangerous hazard.
Mr. Puckett was assured that this condition would be remedied with the
raising of the street level with the construction of a new bridge, and the
City Manager was instructed to contact either Mr. C. Y. Byrd, County Commissioner
or Mr. J. M. Boyd, County Engineer, with reference to~oing this Dart of the bridge
construction work immediately, or ahead of the actual bridge construction, in
order to relieve this condition.
AUTUST 10TH,
City Manager Black recommended that the time limit for parking of trailers
on public Streets be changed from 2& hours within the City limits, to not morre
than one hour, stating that the parking of house trailers on the Ocean Boulevard
and other Highways was creating a nuisance.
The City Attorney was instructed to check the requirements of other Cities
in this respect, before preparing an amendment to the existing Ordinance.
Councilman Kabler agreed that property owners on S. E. &th Avenue would be
willing to subsidize 1/3 of the cost of draining this Street, between Atlantic
Avenue and S. E. 1st Street, when such a project is undertaken.
City Manager Black advised the Council of a vacancy on the Policy and operatin~
Committee for the Community Civic Center BuildinK, whereupon Ur. S. H. Jones was
appointed by the Mayor, and approved by the Council, to serve on this Committee,
the Committee to select its o~n Chairman.
The City Manager asked that the Council consider prohibiting the cutting
down of the ocean ridge east of the Ocean Boulevard, recommending that if the
ridge were cut down seawalls be provided by the property owners to maintain
height.
Councilman DeWitt suggested that Mr. Black strike a minimum average of elev-
ation, and establish this elevation.
A request for a Special Permit, filed by J. T. McMurrian, to build a store
building on West Atlantic Avenue, adjoining a building being erected by M. N.
McMurrian, with 10½' ceilings instead of 12' ceilings as required in this Special
Business District. He explained that the building would be 25' wide, but that
Mr. McMurrian was asking for this deviation in ceiling heights in order to use
the wall of the adjoining building as a common wall.
Councilman Kabler was of the opinion that as there is no limitation on
ceiling heights in ~he center of town, not'~-~ing warrants a 12' ceiling requirement
on West Atlantic Avenue.
Mayor Brannon suggested that the Ordinance be amended, rather than granting
Special Permits for each request.
Upon motion of Councilman Kab~ler~ , seconded by Councilman NacNillan, unanime
ously carried, the request was referred to the emergency meeting of the Zoning
Board to be held on Thursday, August 12th at 2 o'clock.
A report of the public auction sale of City owned properties, which was held
on August 9th, was filed, as follows:
REPORT OF AUCTION S ALE OF CITY ~"~ED PROPERTIES
Held August 9, 19&8
Amount
Description of Property Base Bid Re~ceived
Lot 60, Rice's Addition $ 83.30 $ 155.80
Lot 61, Rice's Addition 83.30 130.80
Lot 16, Block 13, Osceola Park 214.55 525.80
Lot 17, Block 13, Osceola Park 188.30 380.80
Lot 31, Block 12, Dell Park 53.30 100.80
AUGUST 10TH, ~948
AMOUNT
DESCRIPTION OF PROPERTY BASE BID RECEIVED
Lot 3, Block 89 $ 64.55 $ 140.80
Lot 5, Block 89 64.55 130.80
Lot 22, North 1/2 of Blk. 4, Monroe Sub. 38.30 80.80
Lot 1, Block A, West Side Heights 98.30 190.80
Lot 2, Block A, West Side Heights 38.30 115.80
Lot 3, Block A, West Side Heights 38.30 110.80
Lot 4, Block A, West Side Heights 38.30 102.80
Lot 5, Block A, West Sid~ Heights 38.30 103.80
Lot 6, Block A, West Side Heights 38.30 113.80
~1,079.95 ~" 2,384.20"
A communication from Mr. Fred B. Scott, owner of the. Seacrest Hotel,
requesting the rezoning of Lot 16, OCean Beach~ Lots North, to a Business Zone,
so that he might be allowed to transfer his liquor license from the Seacrest
Hotel to the Hotel Garage, was read as follows:
"August 4, 1948
The Hon. Mayor, and
Members of the City Council,
City Hall,
Delray Beach, Florida
Gentlemen:
At a previous council meeting, there was a little discussion in which I asked
a member of the Beach Taxpayers Leage and a delegation from the Council, to
meet with me to see if we could not iron out our differences, and avoid undue
publicity. This request was ignored.
As you gentlemen know, the Seacrest Garage is located on property zoned as
apartment house zone. I do not know who is responsible for this, but it is
possible that while I was in the Services this was changed.
You gentlemen are. to be complimented on your taxing ability. During the past two
years, the garage building and land have been more than doubled in assessed value.
Inasmuch as I do not receive any income from this buildin~, I requested, as I have
before, that you rezone this property for business, as I believe the surroundir~
property is zoned.
Early last season, I appeared before the City Council, and asked that the liquor
zoning be modified, or stretched a few feet, to include the Sescrest Garage, as
the facilities in the Seacre. st Cocktail Lounge are not adequate to accommodate a
cocktail party of over twenty-five. Somewhere along the line, my original request
for zoning of beach lot number 16, was stretched all the way to the canal, and
318 feet north and south of Atlantic Avenue. I do not know who was responsible
for this error that caused;'all the good people of our fair city to complain, but
I heartily agree that you stretched the zoning a little too far.
I would like to repeat my original request that the liouor zoning be changed to
include the Seacrest Garage, which is located on beach lot number 16. Your
present zoning includes the east portion of this lot, but does not include the
garage. I believe that the Seacrest guest should be entitled to have a nice,
AUGUST 10TH, 19&8
modern cocktail lounge, large enough to accommodate a party of thirty or more,
and not have to wait for reservations at some of the other lounges.
Re~pe'ctf~ly yours,
(Signed) Fred B. Scott
CC: Delray Beach News FRED B. SCOTT"
Upon motion of Councilman MacMillan, seconded by Councilman DeWitt, the
request was referred to the Zoning Board for consideration and recommendation
to the Council, to be considered at the emergency meeting to be held on Thursday,
August 12th.
City Manager Black advised the Council that the City Attorney asked that the
Council determine what items he should write into an Ordinance for the control of
motor scooters, suggesting that clauses be included to ree. uire mufflers, lights,
check of brakes, that speed limit be regulated, and licenses be reGuired for
operators for a minimum age limit cf 12 years. He asked the Council's apr. roval
or disapproval of these items.
Police Chief Croft stated that these points are covered in the Traffic
Ordinance, with the exception of a driver's permit requirement.
City Attorney Moore suggested that the. present Traffic Ordinance be amended
to include motor scooters, stating that the driver's license requirement might
have to be ~ithout charge.
The City Attorney was instructed to prepare such an amendment to the Traffic
Ordinance, after checking the legality of the requirements suggested.
Councilman DeWitt recommended that a driver be required to pass a test, using
the State Driver's Manual as a basis for examination, ahd that scooters be required
to obey the s~me rules and regulations as to traffic as automibiles.
A communication from the Jr. Chamber of Commerce, outlining their budget for
the. next fiscal year, and asking fc~ financial assistance from th~ City, was
presented and read as follows:
"August 9, 19&8
Honorable Mayor and Councilmen
City cf Delray Beach
Delray Beach, Florida
Gentlem~ n:
We hereby submit for your approval our budget requirements from the City for the
coming year. We petition and trust that you see fit to aporove our budget as
presented.
Third Annual Fishing Tournament $ 800.00
Softball Program 600. OO
Boat Races 400.00
$18oo.oo
In addition we will require the part time services of a stenographer as have
been supplied in the past.
AUGUST 10TH, 19&8
The above budget has been prepared by the Finance Committee and approved by
the Junior Chamber of Commerce.
RespectfuLly submitted,
(Signed) Ed. Pendergraft
EP:sab Ed. Pendergraft, President
Upon recomme~dation cf Councilman MacMillan, the request was filed ~ith ~.
the understanding that representatives of the Jr. Chamber of Commerce would
be ~n~it&d'~to meet with the Council, ~hen the Operating Budget for the coming
fiscal year will be considered.
Mayor Brannon then stated that the Youth program, a request for financial
aid from the Library Association, a request from the colored Recreation Assoc-
iation, and the Beach project must all be considered, which will amount to
approximately $ 16,000.00. This will necessitate an increased millage of from
one to three mills, but he felt that the public is aware of these needs, and
have indicated their willingness to go along with the Council.
A request from the Health, Welfare and Safety Committee of the Delray
Beach Lions Club, was presented and read as follows:
"August 5, 19~8
Lion L. H. Brannon
Boyd Building
Delray Beach, Fla.
Dear Lion Brannon:
As chairman of the Health, Welfare, and Safety Committee, I have been
instructed to contact you, due to your capacity as Mayor of Delray Beach,
concerning our active program for ~osquito Control f~r this area.
It has been suggested by our committee that there are new types of machines,
being used in other nearby communities, that are proving very successful in this
work, and we as a committee, whould like to help promote an active program in
this pest control.
If you have any current information as to what program is being planned,
or is under way, this committee will appreciate it.
Respectfully submitted,
(Signed) J. M. Sheldon
J. M. Sheldon, ChaiIm~n
Health, Welfare, and Safety
Committee.
Delray Beach Lions Club
151 N. Federal Highway
J~/mem Delray Beach, Florida"
The City Manager was instructed to contact the County Health Unit with
reference to the spraying referred to, as this is a project undertaken by the~
County.
AUGUST 10TH, 19~8
Upon motion of Councilman DeWitt, seconded by Councilman MacMillan, unanimously
carried, bills totaling $ 16,129.~32 were approved for payment, subject to the
approval of the Finance Committee.
City Attorney Moore advised the Council that the 'roman' s Club had requested
that the work"reasonable" be inserted in their lease, in the paragraph where they
are required to maintain the property as a public park, the ame~nded paragraph
to read as follows:
"The lessee covenants that it will make no unlawful, improper or offensive
use cf the premises, that it wLll not assign this lease or sub-let any part
of said premises, that it will use said premises only for the construction
and maintenance of a Woman's Club Building and other uses customa?ily incident
t~ereto and for the reasonable maintenance thereon of a public park to be
knows as "CURRIE M~MORIAL PARK". The lessee further covenants that it will
not use said premises or any Dart thereof for business or commercial purooses."
It was the consensus of opinion of the Council that this paragraph could be
amended, as approved by the City Attorney.'
A certified plat of a portion of Southways Subdivision, Showing the properties
which would be affected by the abandoment of an undedicated alley, as requested by
Mr. J. E. Farrar, was presented by the~ City Attorney, as requested by the Council
at a previous meeting.
After consideration, Mr. Moore was instructed to inform Mr. Farrar's Attorney
that the City will give a quit-claim deed to this alley if he will agree to open
up the Street through the center of this property, which is now a dead-end Street.
The following Ordinance was then brought up for second and final reading, and
same was read in full:
ORDINANCE NO. 54
AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING
ORDINANCE NO. G.~8 WHICH FIXED THE AMOUNT OF MAINTENANCE AND SERVICE CHARGE ON
EACH WATER TAP INSTALLED.
WHEREAS, Emergency Ordinance G.48, fixing the amount of maintenance and
service charge for each water tap installed or to have been installed there-
after for a period 6~ six months, was passed in regular session on May 11, 1948,and
WHEREAS, the need for such maintenance and service charge no longer exists,
NOV~ THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach,
Florida, as follows:
SECTION 1. That Emergency Ordinance No. G.~8 be and the same~ is hereby repealed.
PASSED in regular session on second and final reading on this the tenth day
of August, A. D. 1948.
(Signed) L. H. Brannon
ATTEST: President, City Council
(Signed). Ruth R. Smith APPROVED
City Clerk
SEAL" (Signed) L. H. Brannon
~ayor
AUGUST 10TH, 19~8
A motion was made by Councilman DeWitt, seconded by Councilman MacMillan
that the foregoing Ordinance No. G-5& be passed and adopted as read, and upon
call of roll the motion carried unanimously.
An Ordinance to amend the Zoning Ordinance, was then oresented and read in
full as follows:
ORDINANCE NO. G. 55
AN ORDINANCE OF THE CI'?Y COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, REPEALING
PARAGRAPH 5 OF SUB-SECTION (e) OF SECTION 5 OF CHAPTER 20, .AND A~MENDING SUB-
SECTION (c) OF SECTION & OF CHAPTER 20 OF THE ZONING ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, PERTAINING TO YARD SETBACKS AND BUILDING SETBACKS.
BE IT ORDAINED by the City Council of the City of Delray Beach, Florida,
as follows:
SECTION 1. Thmt Paragraph 5 of Sub-Section (e) of Section 5 of Chapter 20
of the Zoning Ordinances of the City of De]ray Beach, Florida, be and the same
is hereby repealed.
SECTION 2. That Sub-Section (c) of Section & of Chapter 20 of the Zoning
Ordinances of the City of De]may Beach, Florida, be and the same is hereby
amended to read as follows:
"Within any other than a residence district a fireproof building may be
erected to a height of not exceeding 100 feet on any lot which abuts one
or more streets or public parks 60 feet or more in width, provided that the
main outside walls of said building in excess of a height of 75 feet shall
be set back on all sides, except the front, toward the center of the build-
lng in a ratio of one foot to each foot of height in excess of §O-f~.etl--~ro-
vided, however, that nothing herein shall be constructed as requiring any
building the height of which is 75 feet or less, to have any setback other
than ground yard setbacks as required by present City Ordinances of the
City of De]ray Boach, Florida: it being intended that the wall setback
herein provided for, of the skid building shall apnly to only that portion
of the building which exceeds the height of 75 feet."
PASSED in Regular Session on second and final reading~ on this the 10th day
of August, A. D., 19&8.
(Si~ned) L. ~. Brannon
President, City Council
ATTES T: AP PROVED
(Signed) .Ruth R. Smith .(Si. geed) L. H...Brannon
City Clerk Mayor
SEAL"
A motiom was made by Councilman DeWitt, seconded by Councilman Kabler, that
the foregoing Ordinance No. G-55 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
AUGUST 10TH,
City Nanager Black advised the. Council of the. excessive amount of water being
used by son~ churches, which is paid for out cf the General Fund in excess of $ 2.00,
suggesting that if the water is to be furnished by the City it should come ~rom the
water system and not out of the Operating Account.
It was the consensus of opinion of the Council that churches should be allowed
to use water needed to keep their property in good condition, if within reason.
Nayor Brannon advised the Council that the County School Superintendent has
been given authority to recondition the local school building before the beginning
of the fall term, but he understood that some "In between" official did not intend
to do anything for Delray Beach, and asked that an investigation be made with the
proper authoritites to see that this City is given the proper consideration.
~pon motion of Cou~cilman MacNillan, seconded by Councilman DeWitt, the City
Manager was instructed to write the County Superintendent of Schools in an efforb
to straighten out the matter.
The City Nanager was asked to contact local Nurserymen with reference to the
moving of trees which are too large to be handled b~,? City crews, which have been
offered to the City for the beautification of the Beach, and also to invite the
Nurserymen to meet with the Council, at their convenience, to discuss the land-
scaping of the ocean front.
The Clerk was instructed to write Rev. John R. Nartin a letter of aooreciation
for his services on the Policy and Operating Committee for the Community Civic
Center Building.
The Council then adjourned.
(signed) Ruth R. Smith
City Clerk