05-13-47150
MAY 13TH, 19~7.
Regular meeting of the City Council of the City of Delray Beach was held
in the Council Chambers at 2 P.~ M. with Mayor M. M. DeWitt in the Chair, and City
Manager H. P. Edmond, City Attorney J. W. Nowlin, and the following Councilmen
present: B. C. Butler, J. B. Smith and C. J. White, a quorum being present.
A petition, signed by fourteen property owners in the vicinity of Canal Street,
was presented and read as follows:
"April 19, 19~7.
To the Honorable Council
City of Delray Beach, Florida:
Whereas the name of the Street on the west side of the Intracoastal vYater-
way extending from Atlantic Avenue to South West Second Street is designated in
different deeds, maps, street markings, insurance, policies, etc. under various
names, such as Park Avenue, Canal Avenue, Canal Street, Canal South, etc.:
Wherefore, the undersigned owners of real estate abutting said Street
petition your Honorable Body to end this uncertainty and confusion, by making
the official name of said Street "Marine Way~'.
Signed by fourteen
property owners.
A letter from Mr. Edward C. J. McShane, with reference to the changing of
this Street name was also read:
"April 25th, 19&7.
The Honorable Council
City of Delray Beach, Florida
Gentlemen:
During the pa~t winter the residents of the street tutoring souht from Atlantic
Avenue on the west side of the canal became interested in the official designa-
tion and mmme of this street principally due to the fact that the Post Office
Department announced that delivery service in certain zones including this
neighborhood would start early in May for people ltving on designated streets
whose houses were properly numbered, etc.
This caused an investigation into the actual name of the street we live on and
certain maps were found designating same as Canal Avenue, othere as Canal Street,
and still others as South Park Avenue. Upon inquiry at the City Hall we were
advised that no official name of record had been given to the street. Upon further
investigation we found that the insurance policies issued to two of the residents
were for residences on Canal Street and two of the policies were for residences
on South Park Avenue, causing some confusion in the minds of the property owners
regarding the official name of this street.
MAY 13TH, 19~+7.
The matter was brought to the writer,s attention during his winter's stay
in Delray and I now learn that the residents have petitioned the City Council
to designate a name for the street and have suggested the name as "Marine Way".
We would therefore appreciate your consideration in being of assistance to the
residents of this neighborhood in having a definite rmme for the street and
helping us to get the matter straightened out with the Post Office Department.
Thanking you in advance, I remain,
· - Very truly yours,
(Signed E. C. J. McShane"
It was the opinion of the CouncLl that if the people wished to have the
Street named "Marine Way" they would have no objection, and a motion was n~de
by Councilman Smith, seconded by Councilman Butler, that the Street running
north and south on the west side of the Intracoastal Canal, from Atlantic
Avenue to S. E. 2nd Street, be designated as "Marine Way". Upon call of roll
the motion carried unanimously.
A letter from Mr. John B. Reid, requesting the Council to change the name
of Gleason Street to "Ocean Plaza Drive", was read as follows:
'B~ay 9, 19A7.
Mayor and Members of the City Council '
Delray Beach
Florida
Gentlemen~ Re: Gleason Street
It seems to me that with the new improvements on Gleason Street and the
fact that it will be turned into a thoroughfare and thereby relieve the traffic
on Ocean Drive, that it would be timely to change the name of Gleason Street to
Ocean Plaza Drive. Gleason Street has no particular meaning to the City of Delray
Beach and the fact that it is so near the ocean, the deed restrictions that we
will place upon our prooerty are such as w111 make it a very high class apart-
ment street. Therefore, the name of Ocean Plaza Drive would more befit the Street
as it would be associated with the ocean section of the City.
I would appreciate very much the City giving consideration to the changing
of Gleason Street which commences at Seagate on the south and extends north to
Atlantic Avenue.
Thanking you for your consideration in the matter, I am
Yours very truly,
(Signed John B. Reid
JOHN B. REID
President"
152
MAY 13TH, 1947.
The request was tabled until the next meeting of the Council, to obtain
the opinion of property owners on this Street, as to whether or not they favored
the suggested change in the name of Gleason Street.
The following letter from the Jr. Woman's Club was read and ordered filed
with other similar correspondence regarding the future use of the U. S. O. Building.
"April 2&, 1%7.
City Council
Delray Beach, Florida
The Junior Woman's Club of Delray Beach would like to see the USO Building
turned into a Youth Center for the Delray youth when it is released by the Army,
as necessary facilities for them are almost completely lacking at the present time.
We also feel that the Woman's Club of Delray Beach have been m~st generous in
donating the use of their building to the Youth Center.
Sincerely,
JUNIOR WOMAN' S CLUB
OF DELP~Y BEACH
(Signed Mrs. ~iriam Jurney
Corresponding Secretary
C. C. Rev. Charles O. Farrar, Chairman
Recreation Association
Delray Beach, Florida."
A Resolution adopted by the Junior Chamber of Commerce with reference to .
the hour of holding meetings of the City Council, was presented and read in full
as follows:
RESOLUTION
WHEREAS the City Council meetings of the City of Delray Beach are presently
held in the morning or afternoon, and
WHEREAS as a result thereof those citizens of Delray Beach who are interested
in the proceedings of the Council, and who are required to work for a livelihood
find themselves unable to attend said Council meetings, and
WHEREAS ~he majority of the members of the Junior Chamber of Commerce are in
this class of citizens, and
1.53
MAY 13TH, 19&7.
WHEREAS the active interest of our citizens in government, whether it be
local or national, should be stimulated and afforded every opportunity of participa-
tio~ and expression,
NOW, THEREFORE, it is recommended by the Junior Chamber of Commerce that the
City Council meetings of Delray Beach again he held in the evenings.
Attested Copy
(Signed) Matt Gracey
Secretary
After discussion by the Council, the following Resolution was introduced
and same was read in full:
RESOLUTION NO. 622
A RES C~UTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, FIXINO THE TIME FOR
HOLDING THE REGULAR COUNCIL MEETINg.
BE IT RESOLV~ by the City Council of the City of Delray Beach, Florida,
that the regular meetings of the City Council shall be held at the City Hall
on the second and fourth Tuesday of each month at 7:30 P. M.
PASSED in Regular Session on this the 13th day of May, 19&7.
(SiKned) M. M. DeWitt
President, City Council
APPROVED:
(Sinned) M. M. DeWitt
Mayor
ATTEST:
(S, iflned) Ruth R, Smith City Clerk
A motion was made by Councilman Butler, seconded by Councilman ~_ite, that
the foregoing Resolution No. 622 be passed and adopted as read, and upon call of
roll the motion carried unam~m~usly.
The following letter from the Junior Chamber of Commerce was then preaented
and read in
MAY 13TH, 19~7.
"May 1, 19~7.
Honorable Mayor & City Council
City of Delray Beach
Delray Beach, Florida
Gentlemen:
At it' s regular meeting of April 29th, the Delray Beach Junior Chamber of
Commerce, by a unanimous vote, went on record as desiring that Memorial Day,
May 30th, be declared a legal h~liday for Delray Beach and that the Mayor be
reque, sted to issue a proclamation to this effect with the request that business
houses close that day.
Very truly yours,
DELRAY BEACH JUNIOR CHAMBER OF CO~RCE
(Signed) Matt Gracey
Secretary"
Upon motion of Councilman Butler, seconded by Councilman Smith, unanimously
carried, the Mayor was authorized to issue a proclamation in keeping with the
program and wishes of the Memorial Day Committee which had been set up by Civic
Organizations in the City, for the observance of Memorial Day.
A petition signed by residents in the vicinity of S. E. 5th Avenue, between
3rd and ~th Streets, protesting against disturbing and unsanitary conditions ex-
isting at 308 S. E. Fifth Avenue, was read as follows:
"Delray Beach, Florida
May 6, 19~7.
Mr. H. P. Edmonds
CiSy Manager
Delray Beach, Florida.
Dear Mr. Edmonds:
We, the undersigned citizens living on South East Fifth Avenae between S. E.
3rd and S. E. ~th Streets, wish to call to your attention the following conditions
existing at the Herbert Turnbull property at 308 S. E. Fifth Avenue, which con-
ditions are disturbing, annoying and detrimental to the health of the surrounding
inhabitants. These conditions are as follows:
1. They keep a ~og which is allowed to r~n at large and this dog barks, whines
and howls at night to such an extent as to cause serious annoyance to neighboring
residents and to interfere with the reasonable use and enjoyment of their property.
2. This dog also roams over the neighborhood and upsets the garbage cans,
leaving the premises in an unsightly and unsanitary condition.
MAY 13TH, 1947.
3. A member of the family habitually indulges in profane language on the
front porch and in the house, which profanity can be heard at the adjoining
residences and also across the street.
~. A bad odor comes from the premises which is probably from dishwater
and washwater thrown out in the back yard, from chicken pens which are not
properly cleaned and possibly from other sources. This odor is very annoying
particularly to the adjacent property owners.
5. The chickens from this place are allowed to roam over the neighborhood
destroying lawns and flowers at surrounding residences.
Signed by fourteen property owners
in the vicinity."
Mr. George Pinckney, Plumbing Inspector, reported to the Council that he
had inspected the property being complained about on four different occasions,
and he had never found any evidence of water having been thrown out, nor any bad
odors, He also stated that the sanitary conditions were not modern, but they
were not bad, and the premises were in need of repair but were kept clan. Mr.
Pinckney further reported that they had no dogs, and their chickens were kept in
a coop.
Mayor DeWitt advised the complainants that if in the future these disturbing
conditions prevail it will take some action from the neighbors to swaar out a
warrant for the arrest of the disturbing pa~%ies, and bring them into Municipal
Court.
Mayor DeWitt also stated that there had been numerous complaints regarding
the keeping of chickens in the town, and if necessary an election could be called
to find out whether the people want to keep chickens in the City of not.
City Manager Edmond reported to the Council that he had bee~ advised by the
Florida Power & Light Co. that they had not charged the Municipal tax on current
used at the school cafeteris, therefore the tax should not be charged on gas used
by the school. The Clerk was instructed to advise the South Florida Gas Co. of
this decision.
City Manager Edmond reported to the Council that he had received a request
from Mr. L. T. Greist, representing the Presbyterian Church, that Lot 7, Block 2,
Ocean Park Subdivision, which is owned by the City, be given to the Church for use
as a parking lot to relieve congestion on Bronson Street during Sunday Church
services. Mr. Edmond also stated that he was negotiating with Mr. M. F. Riley for
the exchange of this lot for a 25' right-of-way between property owned by him and
property owned by the City used as a disposal dump, on West Atlantic Avenue, for
the construction of a road.
Mr. Edmond suggested that the City obtain five feet along the west side of
Lot 6, Block 2, Ocean Park Subdivision, also five feet along the north side of
Lots ~, 5 and 6, Block 2, and in exchange deed the north ten feet of Lot 7 to the
owners of these lots. In this way Bronson Street could be widened which would
relieve traffic congestion on this Street. This would leave a 23.5' lot which
could be used by the Church for parking.
1.56
MAY 13TH, 19~7.
Mr. Riley addressed the Council, stating that he would not be interested in
trading 25' off of Atlantic Avenue to build a road to the City dump in exchange
for the privilege of parking on a lot near the Beach, but he would consider
dividing the remaining 23.5' of the lot owned by the City on Bronson Street with
the Presbyterian Church.
Mr. Edmond was instructed to contact the owner of Lots ~, 5 & 6, Block 2,
Ocean Park, and see if they would consider a trade as suggested, and report back
to the Council at their next meeting, also to determine if there was a possibility
of connecting the south ends of Bronson and Salina Streets to' provide an outlet
for traffic on these two Streets.
A report of the business licenses which have been collected during the
present fiscal year showed a total of 561 licenses issued through April 30th,
with a total of $ 2~,612.00 collected in fees.
A schedule of license ~fees paid to the State as w~ll as to the City was
handed to each Councilman for his study.
An application for permit to construct a twelve unit apartment building
on the back of Lots 1, 2 & 3, Park Court Subdivision, was presented by the City
Manager, who stated that there is an existing four unit apartment building~ on
each of Lots 1 and 3 with a vacant lot between them, and the owner of these three
lots is asking permission to build another building across the back of the three
lots rather than on Lot 2, which he would be able to do and comply with aH re-
gulations. He explained that if the three lots were considered as one parcel of
land the proposed building would not mmet the set-back requirements of the Zoning
Ordinance. Sufficient parking space would be provided fc~ twenty cars in the rear
of the building.
· Council was advised by the City Attorney that the request should be referred
to the Zoning Board as the .proposed structure would be in conflict with the Zoning
Ordinance regulations and would ~require a Special Permit.
After consideration, a motion was made by Councilman Smith that an emergency
be declared, and that a Special meeting of the Zoning Board be called to consider
the foregoing application, with a request for an answer by May 27th, the next
regular meeting of the City Council. The motion was Seconded by ~ouncilman Butler,
and upon call of roll carried unanimously.
City Manager E~m~ad then presented an application of the Delray Beach News
for pemit to extend their building, located on Lot 23, Block 92, by filling in the
southwest corner of the building, which is now L shaped, and squaring up the building.
The addition would be approximately 9' x 12'. According to the Zoning Ordinance
this would require a fi~e foot front set-back of the building.
A motion was made by Councilman Butler, that this application be refferred to the
Zoning Board, together with a drawing of the proposed construction, as it would also
require a Special Permit. The motion was seconded by Councilman White, and upon call
of roll carried unanimously.
The following Ordinance was then introduced, and same was read in full:
AN ORDINANC~ OF THE CITY COUNCIL
OF THE CITY CF DEIRAY BEACH, FLORIDA,
ADOPTING A ZONING MAP FOR THE CITY OF
DEIRAY BEACH AND PLACIN~ ALL PROPERTY
IN THE CITY OF DEIRAY BEACH, FLORIDA, IN
THE RESPECTIVE ZONING DIBTRICTS AS IN-
DICATED ON SAID MAP AND PROVIDING FOR
METHOD OF CHANGING SUCH ZONING DISTRICTS.
157
MAY 13TH, 19h7.
A letter from the Zoning Commission, .,~king certain recommendations for
changes in the Zoning Ordinance was read as follows:
"May 1, 19~?.
Honorable Mayor and City Council,
City of Delray Beach
Florida.
Contlemen:
In its final regular session till December, the Zoning Commission makes
the following recommendations to the City Council:
1. That the City Council adopt the general rezoning plan submitted by
the City Manager at special session of the Council on April 29, 1927.
2. That the City Council rezone the. North 200 feet of Lots 17 and 18,
North Ocean Boulevard from Residence "A" to Apartment Zone, providing
that any apartment erected on aaid North ~00 feet have a set-back of at least
35 feet from the Ocean Boulevard and that .the applicant for change of zone
set up deed restrictions whereby'the South 200 feet remain in Residence "A".
3.' That the City Council permit the conduct of an individual business from a
residence located in Business Zones, providing the business employs no
perscanel other than the resident owner and no exterior change be allowed
to the present building construction.
~. The Zoning Commission recommends that the erection of tourist courts and
trailer camps within the City limits of Delray Beach be prohibited.
The C~=m~ssion withholds recommendations regarding applications for changes of
zone as follows, pending the Council' s action on the general rezoning plan:
a. Application for changing the West half of Block lll frem Residence "B"
to Apartment.
b. Application for changing East helf of Block 75 from Apartment to ~eneral
Business.
Should the City adopt the general rezoning plan submitted in special session
April 29th, the above requests would be granted automatically.
The Zoning Commission had adjourned sine die till December unless called to an
emergency session by the City Council.
Respectf,,1 ly yours,
THE ZO~_NG COMMaS ION
CITY O~ DE~RAY BEACH, FLORIDA.
BY: (Si~ned) .John A. Thaner
John A. Thayer
Chairman"
158
MAY 13TH, 19~?
The City A%torney was instruc%ed to secure a w~itten agreement with Mr.
Humphrey, owner of Lots 17 and 18, North Ocean Boulevard, as outlined in
recommendation for rezoning of his proper~y by the Zoning Board, before the final
reading of the foregoing Ordinance.
As all of the changes recommended by the Zoning Commission had been incorporated
in the master rezoning map as prepared by the City Manager, a mo~ion was made by
Counc/_lman White, seconded by Counctl.~n Bu~ler, that the Ordinance be placed on
first reading, and upon call of roll the motion carried unanimously.
City Manager Edmond explained that photostatic copies of the new Zoning Map
would be made immediately, to be filed in the City Clerk's Office, the City Manager's
Office, and the B,,tlding Department, and reduced copies could be made to be included
in the printed copies of the Zoning Ordinance which are available for sale to the
public.
The following Ordinance was then introduced by Mr. Nowlin, City Atto~ey, and
same was read in i~,l~l:
AN CRDINANCE OF THE CITY ~OUNCIL
OF THE CITY OF DEIRAY BEACH, FLC~IDA,
PROHIBITING SOLICITING AND
ON SUNDAY.
A motion was made by Councilman White, seconded by Councilman Bu~ler, and
unanimousl~ carr/e d, that the foregoing Ordinance be placed on first reading~~
The following Resolution with reference to the .need of additional business
buildings in the City was presented by the City Attorney, and same was read in
full:
RESOLUTION NO. 621
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
CONCERNING THE NEED OF B~SINE8$
IN THE CITY OF DELRAY BEACH.
Open motion of Councilman Butler, seconded.by Councilman Smith, and unanimously
carr~ d, the foregoing Resolution No. 621 was passed and adopted as read, with
instructions that copies be forwarded to our U. S. Senator and R~presentatives.
City Attorney No,lin then presented an ~.m~rgency Ordinance ~o amend the Zoning
Ordinance, pertaining to set-back requirements on Atlantic Avenue business prop-
ex~ies, which Ordinance was read in D,11 as follows:
ORDINANCE NO. ~-27
AN ~2~0ENCY O~DINANOE OF THE CITY COUNCIL
OF THE CITY OF DEIPAY BEACH, FLORIDA, AMEnD-
ING SUB-PARAGRAPH ~ OF PARAGRAPH b OF SECTION 5
OF CHAPTER XX OF THE CITY 0C~E OF DEI2AY BEACH,
FL0~IDA.
1
MAY 13TH, 19&7
Upon motion c~ Councilman Butler, seconded by Councilman White, and UPon
call of roll unanimously carried, the foregoing Ordinance was passed and adopted
as read, as an emergency measure, %o become effective immediately.
The Clerk was authorized by the Council to advertise in the local newspaper
for bids on the West 1/2 of Lot 13 and the East 33' of Lot 14, Vista Del Mar Sub-
division, at a minimum price of $ 3,000.00.
Councilman Butler stated that he had been informed that several colored
Taxi-Cab operators were delinquent in payments on their liability insurance, and
recommended that the insurance agent be instructed to notify the City when an
insurance policy became delinquent, and the license for the operation of that
Taxi-Cab be revoked.
After discussion by the Council, the City Attorney was instructed to prepare
an amendment to the Taxi-Cab Ordinance to provide for the filing of an insurance
policy with the City, paid up in full for one year, before a license is issued,
also to specify in the Ordinance that the work "TAXI" must be painted on each taxi-
cab in legible contrasting colors, the letters to be not less than four inches in
height and one-half inch in width.
In a motion made by Councilman Butler, seconded by Councilman Smith, unanimously
carried, bills totaling $ ~0,262.86 were ordered paid, subject to the approval of the
Finance Co.w,~ttee.
Mayor DeWitt explained to the Council that certain types of slot machines were
being licensed by the State, and these machines could also be 'licensed by the City,
if located within the City, frum which several thousands of dollars 'in additional
revenue could he obtained.
The following Ordinance was then introduced as an emergency measure:
ORDINANCE NO. 6-28
AN ~GENCY ORDINANCE OF THE CITY OF DEI2AY BEACH,
FLORIDA, FIXING LICE~E TAX FOR THE OPERATION OF
COIN OPERATe) MACHINES IN THE CITY OF DEI2AY BEACH,
FLORIDA, PROVIDING FOR THE ]~SUANCE OF LICENSE FOR
EACH MACHINE, AND PROVIDING FCR ~E VIOLATION THEREOF.
WHEREAS, an emergency exists in .the City of Delray Beach, Florida, due to the
fact that there is no adequate license ordinance providing for a license tax for
certain coin operated machines operated for a~usement only, and commonly called
slot machines, and it is necessary for the immediate preservation of public peace
or safety that such a licensing ordinance be passed as an emergency ordinance,
N~V, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1: All coin operated machines operated for amusenent only, and
commonly called slot machines, within the City limits of the
City of Delray Beach, Florida, shall be subject to and shall pay to the City
Clerk of the City of Delray Beach, Florida, for the operation thereof within
said Town, the following license taxes, to-wit:
MAY 13TH, 19~7
a. Ail coin operated machines requiring a five-cent piece to operate the
same, an annual license of $ 175.00.
b. Ail coin operated machines requiring a ten-cent piece to operate the
same, an annuaI license of $ 200.00.
c. Ail coin operated machines requiring a twenty-fi~e cent piece to operate
the same, an annual license of $~225.00.
d. Ail coin operated machines requiring a fifty-cent pience to operate the
same, an annual license of $ 250.00.
e. Any machine which may be operated by the insertion of different size
coins shall pay a license tax based upon the highest value coin which
may be used to operate said machine.
SECTION 2,: This Ordinance shall not apply to vending machines for chewing
gum, peanuts, cigarettes or s4m~]ar machines, nor shall it apply
to coin operated scales, coin operated phonograph or music boxes and coin operated
telephones.
SEC.TION ~. Licenses issued under the provisions of this Ordinance shall be
securely pasted to the machine so licensed and such license shall .
bear the serial number of such machine and shall be signed by the City Clerk and
shall have affixed thereto the official seal of the City of Delray Beach, Florida.
SECTIO~ ~. It shall be unlawful to remove any such license from the machine
so licensed, during the fiscal year such license is in force, or
to place the license fcr one machine upon any other machine.
SECTION 5. No person under the age of sixteen (16) years shall be allowed to
play on any mach_{ne licensed by this ordinance, and if any such
m~aor is allowed to play on such ~chine, the license for such machine shall be
revoked.
SECTION 6,. Any person violating any of the provisions of this Ordinance shall,
upon conviction, bu punished by a fine of-not exceeding $ 500.00,
or by ~mpriscement in the City Jail for not exceeding 90 ~, or by both such fine
and 4mp. risonment, in the discretion of the Municipal Judge.
SE.C. TION ?. Ail Ordinance, or parts of Ordinances, in so far as the same are in conflict herewith, are hereby repealed.
SECTION 8, This is an emergency Ordinance, and it shall take effect immediately upon its passage upon first reading.
PASSED upon first and final reading, in regular session, on this the 13th day
of May, A. D., 1%7.
(Si~ned) M...M.,. DeWitt
President of City Council
APPROVED:
ATTEST: (Signed) Ruth R. Sm~.th
City Clerk Mayor
MAY 13TH, 19~7.
A motion was made by Councilman Smith, seconded by Councilman White, that
the foregoing Ordinance No. 6-28 be passed and adopted as an emergency measure,
to become effective immediately, and upon call of roll the motion carried unani-
mouslye
The following Resolution was then presented, and same was read in f.l~:
RESOLUTION NO. 623
A motion was made by Councilman White, seconded by Councilman Butler, that
the foregoing Resolution No. 623 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
Mayor