06-10-47 Regular meeting of the City C6uncil of the City of Delray Beach was held
in the Council 'Chambers at 7:30 P. M. with Mayor M. M. DeWitt in the Chair, and
City Manager H. P. Edmond, City Attorney J. W. Nowlin, and the following Council-
men present: B. C. Butler, F. B. McNeece and J. B. Smith, a quorum being present.
The minutes of the mseting of May 2?th were presented and approved as written.
City Manager Edmond presented a tentative plat filed by Mr. John B. Reid of
the Delocean Company, for the development of a portion of their property sout'h of
Atlantic Avenue, east of the Intraccastal Canal. Mr. Edmond explained that the
plat had been approved by the Planning Board, providing Lawrence Street would be
made to connect With Miramar Drive.
After consideration by the Council, it was agreed that the plat would be
approved with the following changes shown:
Lawrence Street te be straightened to connect with Miramar Drive.
10' easements to be shown from Venetian Way %o the Canal through Lawrence
Street, IngrahamStreet, and along a lot line just south of Shulson Street.
It was also understood that Mr. Reid will furnish and install water mains,
pipes and hydrants in this development.
The Clerk then presented proof of the publication of an Invitation for Bids,
to be received not later than 8 P. M., which proof was spread upon the minutes
as follows:
INVITATION FOR BIDS
The City Council of the City of Delray Beach will receive bids until 8:00
P. M.j.E.S.T., June 10th,. 19A7, for the following described property:
All of that land lying west of the Seaboard Railroad righb-of-
way and being in the NE ~ of the SE ~ of the SE ~, Section 18,
?WP ~6 South, Range ~3 East, said tract containing approximately
1 1/2 Acres.
The City Council reserves the right to waive any formalities and to reject
any or all bids.
M.M. DeWITT
Mayor
AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
S TA~E OF FLORIDA
COUNTY OF PALM BEACH
Before the 'undersigned authority personally appeared E. F. Peterman, who
on oath says that he is the Publisher of the Delray Beach News, a weekly news-
paper published at Delray Beach, in Palm Beach County, Florida; . that the attached
copy of advertisement was published in said newspaper in the issue of June 6, 19&7.
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 cofltinuously 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 County, 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 prc~ised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of securing .this ad-
vertisement for publication in the said newspaper.
(Si~ned~ E. ?~ Peter~.
Sworn to and subscribed before me this 6th day of June, A. D., 19~7.
(Si~ned) Hazel V, snow,,_
Notary Public, State of Florida
at Large. My Commission expires
(SEAL) February ~, 19&9.
One bid was received in response to the foregoing notice, from Mr. W. J. Snow,
in the amount of $ 200.00.
Upon motion of Councilman McNeece, seconded by Councilman Butler, unanimously
carried, the c~fer of Mr. Snow to purchase approximately 1 1/2 acres of land in
Section 18, west of the Seaboard Railroad, was accepted.
A communication from Zook Palm' Nurseries and Jack Gibson, owners of property
in the east half of Block 89, was read as follows:
"April 30, 19A7.
Honorable Mayor and City Council
Delray Beach
Florida
Gentlemen:
We, the property owners of all of the east side of Block 89, lying west of
the Florida East Coast Railway Company's right-of-way, and being between N. E.
3rd Street and N. E. ~th Street, wish to submit for consideration of Council, the
following proposal:
We propose to deed, for street purposes a width of ~0 feet along the east side
of this block, adjacent to the Florida East Coast Railway Company's right-of-way,
with the understanding that we will be allowed, if we so desire, access across this
street for railroad spurs or siding.
It is further undarstcod that the 25 foot alley lying along the west side of
this property will be abandoned with b~lf of the width being returned to the abutting
property owners.
JUNE 10TH, 19&7.
It is understood that in consideration of deeding this GO foot right-or-way
for street purposes, the abutting property will not be subject to any paving
cost f~ the paving of this street.
ZOOK PALM NURS~
as to Lots 23 to &l, Inc.
By (Si~ned) .Ra~Tmond S...Yeomans
Secretary
JACK GIBSON
as to Lots 18 to 22
:(Si~ned).. Jack Gibson "
No action ms taken on the foregoing proposal by the Council.
A statement from the Tennis Committee showing receipts and disbursements in
connection with the Junior Tennis Tournament held recently, which showed a deficit
of $ ~9.72 was turned over to the Finance Co~nittee for their recommendation.
The following letter fr~n the Tennis Committee was presented, and same was
read in full:
"De]may Beach
Florida
June 9, 19~7.
The Mayor and City Council
City of Delray Beach
Florida
Gentlemen:
The City Tennis Comm4ttee composed of Dr. E. Monroe Farber, Clarence Etheridge,
and Robert B. Gracey, and appointed by the Honorable Mayor Marshall M. DeWitt
on January 25th, 19&7, respectfully submits the following recommendations re-
lative to the operation of the 0ity Tennis Courts during the period October 1st,
19&7 to May 1, 19&8.
1. That, for the duration of the aforestated period, Mr. Herman Peterson,
of the PMllywood Golf Club, Deal, New Jersey, be employed by the City
as Tennis Professional for the City Tennis Courts.
2. That Mr. Peterson be paid a salary of Sixty-five Dollars ($65.00) per
month during said perio.d.
3.' That Mr. Peterson's duties shall include:
a. Supervision of Court Maintenance
b. Enforcing of Court Rules
c. Supervision of Children's Clinics
d. Collection of fees before 12:00 noon each day
~. That Mr. Petereon be authorized, during the period of his employment,
to maintain the tennis equipment and racquet repair concession for
and at the tennis courts. Also, that he be authorized to give tennis
lessons, at and upon the tennis courts, at a rate not to exceed the
maximum fee approved by the Tennis Committee and the City Manager.
Respectfully,
(Signed) Robert B. Qrace¥
Robert B. Gra~ey
RBG/d~ ~ 'Secretary"
A motion was made by Councilman Smith, seconded by Councilman McNeece~ that
the recommendation cf the Tennis Committee as outlined in their letter of June 9th,
he approved, and upon call of roll the motion carried unanimously.
A c~_unication from the Executive Committee cf the Delray Beach Recreation
Association was presented and read in full as follows:
"Delray Beach, Florida
June 2, 19~7.
The Mayor and City Council
Bity of Delray Beach
Florida
Gentlemen:
Believing that the recreational facilities for and activities of both young
and old in Delray 'Beach are cf vital concern to the entire citizenry of this
community, and believing that the responsibility for and the administration of
such facilities and activities properly rest with the elected representatives
of the citizens of Delray Beach, The Executive Committee of The. Delray Beach Re-
creation Association, composed of The Reverend Charles O. Farrar, Dr. E. Monroe
Farber, Robert B. Gracey~ Frank Seely, Mrs. K. M. Davis, and LeRoy Diggans, .
respectfully recommends that a Recreation Commission be established as a depart-
me~ of the city government of Delray Beach.
It is contemplated that the Recreation Commission, if established, would
absorb the functions of the present City Golf and Tennis Committees and those of
the Recreation Association. It would also promote such other activities of a
recreational nature as may be expedient. If the Mayor and Council so desired,
the identity cf the Tennis and Golf Committees could be preserved in sub-committees
of the Recreation Commission.
Prior to ~aking this recommendation, the aforesaod E~cutive Co~.~ttee
studied the ordinances creating Recreation Cc~missions in other progressive
Florida communities. We submit herewith a composite ordinance f~r the Council' s
consideration. It is not intended that this ordinance be adopted as written
but that it serve only as an out~ ~e into which the desires of the Council can
be written and from which more capable hands than ours can devise, with legal
correctness and e~ctnese, an ordinance con~letely adaptable to the a~m~istrative
structure and the needs of Delray Beach. ·
The Recreation Association will be happy to serve the Mayor and Council to
the best of its ability in the development of a City Recreation Commission such
as outlined above.
Respectfully,
THE EXECUTIVE C~MIT~g~.
DEL~AY BEACH RECREATION ASSOCIATION
(Signed) Robert B. Gracey
Robert B. Gracey
RBG.- db Secretary"
Mayor DeWitt stated that as this would be a far-reaching project it would
have to be given more thought, and further stated that a meeting would be arranged
for the Executive-Committee to appear before the Council and explain their con-
templated plans in detail, then the Council would have something workable to go
ahead on.
The following Ordinance was then brought up for second and final reading,
and same was read in full.'
ORDINANCE NO. f~-31
AN ~DINANCE OF THE CITY COUNCIL OF THE
CITY OF DEI~AY BEACH, FLORIDA, REPEALING
ORDINANCE NO. G-26 OF THE CITY OF DE~RAY
BEACH, FL0~IDA, AND AMENDING SECTION ~,
CHAP~ X OF THE CITY CODE OF DEI~AY BEACH,
FLORIDA, ~IATING TO THE REGULATION OF TAX~-
CABS AND OTHER MOTOR VEHICLES.
BE IT O~DAINED BY THE CITY COUNCIL of the City of Delray Beach, Florida,
as follows:
SECTION 1. Thet Ordinance No. ~-26 of the City Council of the City of
Delray Beach, Florida, be and the same is hereby repealed.
SECTION 2. That Section ~, Chapter X of the City Code of Delray Beach
be and the same is hereby amended so as to read as follows,
to-wit:
178
JUNE 10TH, 19k7.
"SECTION k.
a. All taxi-cabs and/or motor vehicles which are regulated by
Sections 1 and 2 of this Chapter shall be insured in a
responsible Insurance Company to be approved by the City Clerk of
this City, which insurance shall cover up to the sum of $ 10,000.00
for any one individual, $ 20,000.00 for total liability to all in-
dividuals involved and $ 5,000.00 for property damage which may incur
from the operation of such vehicles. Each such vehicle so operated
in the City of Delray Beach shall be insured for not less than said
amount, or in lieu thereof, the owr~r or operator of said vehicle may
post a b~nd with the City of Delray Beach, Florida, in. the amount of
$ 35,000.00 for each taxi-cab so operated conditioned ~o indesmify
passengers for injury sustained in the operation of said vehicle and
conditioned ~o indemnify the owner of property damaged by such opera-
tion, which bond shall be approved by the City Clerk of the City of
Delray Beach, Florida. If the ~axi-cab and/or motor vehicle is insured,
the insurance shall be paid up to and including September 3Otb following
the date of its issuance, and the policy of insurance shall be deposited
with the City Clerk of the City of Delray Beach, Florida.
b. Ail such taxi-cabs and/or motor vehicles which are regulated
by Sections 1 and 2 of this Chapter shall have the work "TAXI" or
"~AXI-CAB" painted thereon in legible letters not less than four inches
in height and no~ less than one-half inch in width of a contrasting color.
c. All such taxi-cabs and/or motor vehicles-shall have an in-
spection made by t~ City Mechanic each month of the brakes and
lights of such vehicle and obtain a certificate of such inspection from
the City Mechanic which shall be affixed to the vehicle. It shall be
unlawful to operate any such vehicle if such vehicle has not been in-
spected at such monthly intervals and the lights and brakes thereof
approved by the City Mechanic.
d. No license shall be issued for t~ operation of any taxi-cab
and/or motor vehicle regu2ated by Sections 1 and 2 of this
Chapter unless the owner or operator thereof shall have an established
place of business in the City of Delray Beach, Florida."
SECTION 3. This Ordinance shall take effect 30 days fro~ its passage on second and final reading.
PA~SED I~t Regular Session on second and final reading on this the lOth
day of June, 19~7.
[Signed),, ~ M. M...DeWitt
President of City Counci~
APPROVED:
(Si~ned)' M. M. DeWitt
ATTEST: Mayor
isled) Ruth
City Clerk
JUNE 10TH, 19~7.
A motion was made by CouncAl-~, Bu~ler, seconded by Councilman Smith,
t~t the foregoing Ordinance No. G-31 be passed and adopted as read, and
upon call of roll the motion carried unam~,~usly.
The following request for a change in zoning restrictions was read:
"June 10, 19~7
City of Delray Beach
Delray Beach, Florida
Honorable Mayor and City Council:
Enclosed find mY check in the amount of $ 15.00 accca~ m~ request
for change of zoning from Residence A to Hotel and Apartment Zone on Beach
Lot No. 7.
It is my intention to build as soon as possible for occupancy next winter.
Thanking you for the above request, I am
Yours very truly,
(Signed) W. M. Waters~
One protest to this zoning change having been received, same was read in
full as follows:
"Vista Del Mar Drive
Delray Beach, Florida
The City Council of Delray Beach
Florida
~entlemen:
It has come to our attention that property on Ocean Blvd. between Thomas
Ave. and Vista Del Mar Drive is under consideration for hotel or apartment site.
I should like, herewith, to express my protest to any such change.
About a year and a half ago this same zone was voted by the public of
Delray Beach to continue as an A Zone for residences. I believe the situation
in the sam__e today as in 19~5 (at the time of the vote) and therefore feel there
is no emergency, or other reason for change.
Very truly,
(Signed) Martha Shipley Monroe"
After discussion, it was the consensus of opinion of the Council that as
Mr. Waters was thoroughly famEliar with the zoning restriction at the t~me it
180
was made, which zoned Beach Lot No. ? for Residence A construction, and as the
Zoning Board will not' meet during the summer except upon an emergency, no
action should be taken on the request at this time.
The Clerk was inst~cted to notify Mr. Waters of this decision, and to
return the check filed by him with his ~pplication for zoning change..
A letter from Mr. E. M. Wilson, Chairman of the Tax Adjustment Board, was
read as follows:
"June 9, 1%?.
Hon. Mayor & City Council
Delray Beach
Florida
Gentlemen:
The Tax Adjustment Board has completed its work on the assessed values of
the land in the City of Delray Beach, an~ is enclosing herewith copy of the
adjusted valuations.
The Board will be glad to receive any further instructions at any time.
Very truly yours
(Signed) E. M. Wilson
E. M. WILSON
Chairman
~W:CV~ Tax Adjustment Board"
The Clerk was instructed to write letters of thanks to members ~ this
Board f~ their service and efforts in behalf of the City.
In a motion by Councilman B~tler, seconded by Councilman Smith, bills
totaling $ 12,315.~4, having been approved by two members of the Finance Committee
were ordered paid, subject to the approval of the third member of the 0ommittee.
Upon advise of the City Air,ney that a Resolution would not be required to
formally acce~ the parking meters which were installed for a trial period of
six months, a motion was made by Co~ncilman Butler, seconded by Councilman McNeece%
that the City continue to execute its ~ontract with the Dual Parking Meter 0o.
in connection with the parking meters which have been installed.
City Att~ney Now]_%n advised the Council that Tracts A and B in Del Ida
Park had been d~eded to the City by the owner of the property, and the deeds had
been executed and recorded. The tracts will be used as City Parks.
Mr. Ralph S. Priesmeyer, repreaenting property owners in a section ~f Dell
Park which has been re~.oned under the new master zoning plan, from Residence B
to a Residence A zone, presented a petition signed by fifteen owners of property
in this section, protesting against this zoning change, the petition reading as
follows:
JUNE 10TH, 19~7.
A PETITION OF TPE PRCP~TY OWNERS OF DELL PARK, DEI~AY BEACH, FLORIDA,
TO THE CITY COUNCIL, DELRAY BEACH, FLORIDA
June 7, 19&7.
WHEREAS, a Zoning Ordinance has been passed by the City Council to become
effective on June 27, 19~7.
WHEREAS, said Zoaing Ordinance includes the rezoning of certain portions of
Dell Park from Residence Zone B to Residence Zone A.
WHEREAS, in'adapti~ the new ordinance, there has been no compliance with
that section of the Charter of the City of Delray Beach which provides that
'~hemever such a plan for the zoning of the City has been submitted, then the
City Council shall hold a public hearing thereon and shall give notice of the
time and place thereof by publishing the same in a .*~:newspaper of general circ~,l~-
tion in the City once each week for a period of not less than two weeks, and
during such time a copy of such plan and proposed ordinance shall be on file
for public ex,migration in the office of the City Clerk". Sec. 7, Par. 19.
WHEREAS, that section of Dell Park to be rezoned contains Homes, Apartments,
Duplexes, and Garage Apartments, of which not more than Twenty percent meet
the Residence A Zoning requirements,
WHEREAS, a recent petition to have the above mentioned section pieced in the
Residence A Zone failed to secure more than a few signatures, and was definitely
rejected by most of the property owners,
WE, THE UNDERSIGNED, all property owners in that section of Dell Park that has
been rezomed, do hereby petition the City CouncLl of Delray Beach to amend the
new zoning ordinance so that none of the property in Dell Park which has been
in the Residence B zone w~11 be placed in the Residence A zone.
Signed byfi~teen property owners.
Mr. Preismeyer e~plained that as this section has been b,,tlt up with
duplexes and garage apartments it would be unreasonable to require Residence A
construction in the same vicinity, that it would tend to slow down development
in the neighborhood. He urged that the owr~rs of property in this section of
Dell Park be given a chance to voice their opinion on the matter before the
change becomes effective.
After consideration by the Council the request was referred to the Zoning
Beard, to be called into an emergency session, with instructions to submit their
recommendations to the Council by Ju~e 22th, t~ next regular meeting of the
Council.
Council then adjourned.
M~yor