08-26-46 Regular
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AUGUST 26T11, 1946.
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Regular me~ting of th~ City CQUncU of too City of D~lray Beach was h~ld
in the COUllCU Clulmbers a.t 7rJO P.. )(. nth :lray:or )(. )(. DeWitt in th~ Chair, and
City lIanag~r H. P. Edn1ond, City AttornlY J.. W. Nowlin, and th~ following CouncU-
men pressntr B. C. Butler andF. B. )(cNesc~, a quorum being pres~nt.
The minutes of the meeting of August 12th, and of th~ Equalization Heeting
held August 13th, were presented and approved as written.
A letter from 1Ir. Samuel Ogren, former City Tax Assessor, was read and
ordered fUed.
Th~ Clerk presented a. l~tt~r from. Rev. John R. Evans, of th~ Ebenezer
WeSleyn ~thodil!t Church, protesting against the assessment of tuBs on Lot 13,
Block 23, which they claiJn has b~en owne.d by th~ Church since 1927. The Tax
Co~ctor' s records show that thEl Pl'<lPElrty was acquired by the Church in 1932,
and was carried on thEl Tax Rolls as "Unknown" prior to that time.
Upon motion of' Councilll!an. Butler, seconded by Councn...." )(cNeece, unanimously
carried, CouncU agreed to abate thEl tuBs for the years 1927 through 1932, if
after investigation it is found that prOPElrty was ussd for Church purpcses during
that pElriod.
ThEl follonng cOlllllu.nication was thEln presented and read in full:
''Delray BElllch, Florida
Augul!t 10, 1946.
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The City Council
Delray BElach, FlorMa
Gentlemen:
We, the undersigned, operators of liquor dispensing establishments in Delray
Beach, feel that the early closing hour as p1'esently ordained, has reacted to the
d~tr1menl; of our business, and WEl ask that you gentlemen consider ext~nding this
hour.
This request we feel to be justified wSllll1ch as surrounding coamunities have
various closing laws all of 1lbich invite later business than 118 are permitted to
allow.
Intbs event that you. SBB fit to allow us to remain open and legally dispense
'tilllr()() A. )(. dallJ' you may !:Ie. assured of the cooperation of all concerned. .
TrIlstins that this request will be dilly considered, and thanking 7011 in advance
for the consideration that we know you will extend. we are .
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~tio Delray
.SAAttuclt's BElacb .Shack.
.~Y'sOocktail~ungEl
Bob's Bar
Tik...'1'ok Patio
Respectfully.
(Signed) Charles C. Herring
(Signed) FrankBuhl
(Signed) John )(01'eY
(Bigre4) CharlasCobb
(Sig~d) llkH. Vanll>".
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AUGffiT 26T11. 1946.
After discussion. City Attorney Nowlin was instructed to draft an ordinance
to provide for 1:00 0' clock closing. seven nights a 1I8ek. for presElntation to
thE! CouncU for first reading on September 9th.
The following letter from )(rs. L. J. Nichols was read by the Clerk:
"August 26. 1946.
The :lrayor and City CouncU of Delray Beach
Delray BElach.' Florida
Gentlemen:
As thEl b1'<lkElr represElnting )(iss llir1am StowElrs in thE! sale of a piElce of property
dEl scribed llst The 1f i of' n 1 of 'N1f 1 of SW 1. Sec. 17/46/43, I earnElstlJ' request
that this property be again placed in a C~roial Zone as it was before the
passage of' _rgency Ordinance No. 0-.9 on Augul!t 12th. 1946.
For tile following reasons the abo"fll de.scribed property under tile present Zoning
restriQtion has become practically lIOrthless:
1 - The Real value of t~ propert;yllly in its frontage on Atlantic Ave.
1lbich was zoned for COlIIIIercial property.
2 - Atlantic Avenue frontage now as a Class B residence zone has little 01"
no value IilJIe to the fact that there are no prospective buyers for this
type of property.
3 - As the southwest portion of the abO"fll described property borders 011 the
City garbage diBJilOsal area. it likewise is valueless as residential
property.
4 - To the west and tile northwest of saM property a ColllllElmal Zone has been
established. Contained in ,tile Ela8rti!ln.cy QrdilWlce itself. the 589.5 feet
east of the center line of. the Seaboard ReUway tracks on the 110rth side
or Atlantic .Ave. were excepted f1'<lm the Ordinance in order that the
pacific LUIIlber Company.lllight build a show room am lumber yard.
.Undel"thsse existillg conditions of the property being practically surrounded by
Comru;ircial property and the City dump. makes it most unfair to zone this piece llS
Resi-dence B. and 110t as COIIIIlI8rciel.
Thanking you for your kind attentioll in this matter. I remain
Yours very tru.lJ'.
(Bilfned~$J.t. Nichols
~o:r DeWitt explained to the Attorney representing Miss Stowers. _r of
f!be property. that. this emer~ncy ordilWlC8. waspessed upon reco_ndation of the
Zoning Board. to correct an error in. the zoning restrictions. putting the prope7;'ty .
back in a residential district as orig1Pal1;Y lIet uP. and that the Council could 110t
rescind. their action in passing this emergellcy o1'Cii11aace.
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AliIGreT 26T11. 1946.
The Clerk was instructed to fUe this request nth the Zoning Board for
their reCOlllllendation to the CouncU.
The application of 1Ir. J. H. Spillman for an occupational license to
operate an autoJllObUe paint shop at 131 N. E. 2nd Avenue. to be known all Harold IS
Auto Body and Paint 1forks. being in order. was approved in a motion made by
Councn.an Butler. seconded by CouncillDsn llcNeece, and unanimouslJ' carried.
The following ordinanos _s then brought up for second and final reading,
and same was read in full:
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ORDINANCE NO. 0-.10
AN ORDINANCE OF TH! CITY COUNCIL OF TH!
CITY OF DBLRAY BEACH, FIDRIDA, PLACING
CER'l'AIN PROPERTY IN CERTAIN DIS'lRICTS
UNDER TIlE CITY ZONINGORDlNANCIl.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA.
AS FOLtOllS:
SECTION 1. 'l'hat thE! following deacri1:led propert;y in the City of Delra;y
Beacb.. Florida,. .iaherebyplaced in the Special Hotel District
as defined by the City Zoning Ordinance. to-ntt
Th,e North half of Block 159 in the City of
Delray Beach. Florida.
Passed in regular session on second and final reading on this the 26th
day of August. 1946.
A motion was made by Councn.an Butler. seconded by Councilman )(cNeece. that
tbs foregoing Ordinance No. G-1O be passed and adopted on final reading. and upon
call of rill the motion carried unanimously.
'l'he application of' the Pacific Lumber Co. for permit to construct a buildins
on the property recently rezoned on, 'Ne!!lt Atlantic, Avenue at the Seaboard Airline
RaUway was not approved by the councU. as the Ordinsncs placing the property in
the proper zone will not be effective until September 12th. 1946.
Two applications for parndts to construct metal buUdings, one by C. W.Gamer
to be located north of the Standard on Co.' property at 4th Avenue and 2nd street,
and Ql1.e bu Roy H. Harvel at the Breeze Garage property. East Atlantic Avenue between
S. E. 1st and 2nd Avenues. were presented bY Bu!lli!ng Inspector H. B. Adams.
Action on these applications was withheld untU the next regular meeting. by
1lbich time the Fire Zones #1. 112 and #3. as requlrelt.in the BuUding Code. nn
have been established.
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The requlISt of 1Ir. A. George for a special permit for remodeling his store
front was referred to the Zoning Board for their reco_dation to the Council.
The request Of 1Ir. E. B. Nichols for a permit to construct a storage garage on
the S. 11'. co~of', ,the.F'cle~.nghwayandS.~~l~ street, which _ filed nth
the CouncU.on All&USt 12th, .ais brought up tor recQl1.sideration. .
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AUGtBT 26T11, 1946.
As no objections had been received in response to a notice calling a
hearing on this application, sent to adjoining property owners, permit for this
coostruction waS granted by motion .of Councllman McNeece. ssconded by Councilman
Butler, and unanimouslJ' carried upon call of roll. .
A letter signsd by Enoch Powell, as owner and Uanager of tbs Atlantic Cab
and Farmer's Transportation Systelll, was presented by the City llanager and read
in full. complaining of tbs unsmitary conditions existing in the colored SElction
ot the City.. and asking the City to force property owners in this area to clean
up tbsir prOPElrty md inatall septic tanks.
1Ir. Edmond was requested to make a survey of the situation. or turn it over
to a proper cOJllllittee for investigation, and to make his reeoDmendations to the
Council at .theirnsxt meeting.
City Jranager Edmond presented the following estimate of ths cost of work and
materials for the construction ot a parking lot on Ocean Boulevard north of the
Seabreezs Hotel, ,as fO:Uows:
Rock bed
Bulldozing and cleaning ths lot
Lebor to be furnished by the City
- $ 825.00
135.00
The total cost lIbuld be approxiDately $ 1.000.00
1Ir. Ed mond stated further that ~ lot could be oiled at an additional cost
of $ 450.00. or oiled with a priming 011 only for approximatelJ' $ 250.00
The lot would provide parking ..ce fol" 67 cars parked on a 750 angle. or 80
cars on a 600 angle, ani it would then be possible to chBqte the parking angle on
the Boulevard and make traffic safer along the beach.
The Clerk was instructed to advertiss for bids for funtishing the rock re-
quired. the bull-dozing to be done by the hour or the day.
It wqs suggested that the parking lat. migbl; be operated as a eoncesBion,
possibly in CCllll1SCtion with the beach equiplll8llt concession. or leased untU such
time as the City has been reimbutsed for the cost of preparing the lat..
City lI'anager Edmond advised the CouncU that he had received several applica-
tions for tbs position of Fire Chief. ani Ncollla8nded that 1Ir. John Gregory be
appointed to fill this position. effective SepteJllber 1st, at a salary of . 200.00
per IIIOnth.
A motion was Jiade by Cot<Ulcilman Butler.. se.conded by Councilll!an )(cIfeece. that
the rec~ndation of the City Jranager be confirmed.' and upon call of roll the
motion carried unanimouslJ'.
A discussion was held with referenos to the future policy of the CouncU in
granting permita for the conetructlon of _tal bulldings.
City Attorney Nowlin advised that the building code provides for the con-
struction at metal buildings. but the size of the building allowed is determined
by the Fire Zone in which it is located. the bullding code aleo providing that
Fire Zones /11. 112 and 113 be established by ol"dinance.
The City Jraregel" was instructed to fix the liIdts, of P'Ira Zones by conf'llrring
nth the Pl.anmngBoard. the ~ Board.. and . thlil Fire DepartJDsnl;. .and the Clerk
was asked to advise the applicai1ts tor permita toconetruct metal.buildinge, that
their apPlications would be conll1dered as soon as tbsse Fira Zones have been
established.
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AUGUST 26T11. 1946.
A check in the lIIIIOunt of $ 9.364.53, representing delinquenl; tax collections
up to August lilt. was presenl;ed by City Attorney NClII'lin, covering property which
had been turned over to him for foraclosure.
1Ir. Wylie Ewing addressed the CouncU. stating that he had been granl;ed
permits to build 8hree metal buildings on the corner of S. E. 2nd Avenue and
3rd Street. and had purchased tllD additional buildings. asking the Council to
grant permits to construct these two buildings. all at the same location which
is in a cOlllllercial district.
It was the opinion of the Councll that no action should be taken at this
JllBeting on the requsst for t1ll) additional permits. as long as two other applicants
were being held up until the Fire Zones could be established.
1Ir. EugenEl Elliott. representing the Lion's Clpb. addressed the CouncU.
fUing a petition signEld by 118 persons. as follows:
"To City of Delray Beach
and
Seaboard Railroad
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To 1ihom it )(ay Concem -
We, the undersjgmd. as users. of' West Atlantie Ave. petition for the
erection of an aut.omlltic coresing signal a.t. the Seaboard crossing of Atlantic Ave.
Reason is that this crossing is now a blind crossover f{!Jr the Highway as it
is impossible to see approach of a north or sou.l:.h bound train from either side
of Highway. A
1Ir. Elliottals.o presented a Resolution of the Lions Club. as follows:
WlISREAB. it is collUllOnlJ' known that where Atlantic Avenus crosses tllll
Seaboard Rail1'<l8d west of Delray Beacb, Florida. a very dangero~ situation
exists, ill that said crossing is 11 blirid crossing. and JIIlllIy people and IIII1ch
traffic coming to and from Delray Beach have to use said crossins as that is an
open highway. and
WHEREAS. JIIlllIyof the trains travelling on said railroad approach said
crossing at great rates or speed and nthout much if any warning. and
WHEREAS. meny or our school busses loaded with children have to use said
crossing during school term. and bEling cumbersome and heavy are hard, to control
and operate. thereby further adding to the dangerou.sness of said blind crossing.
and
WHEREAS. we believe that thE! said railroad desires to take every effort and
precaution to prevent a serious accident at any of its crossings. NOW "l"tl5ltI!a"ORE,
BE IT RESOLVEt> by the Delray Beach Lions C1ub~t the Seaboard Railroad
"be ilmlecUa tely as. d to erect an electric automatic signal system on each side
of its railroad where same crosses Atlastic A,ven1ll!l ,and to take, such othllrj
immediate stepsllB possible t,oprevent accidenl;8 at .sai4cros~, and that a
copy of' this resolution be maUedto the agent of salliJlailro8d.
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AUGUST 26T11. 1946.
(Suned) w. V. croft
President .
ATmT:
(SillnEld) Harr:v J. lIornn
SecretarY"
lfayor DeWitt explained that as businessss are being built on both sides
of Atlantic AvenUE! the City Deeds this protection at the railroad crossing, and
that the City will take the necessary action to have the signals eracted.
l(r. Elliott further addressed the CouncU with reference to land b the
300 Block on 1fest Atlantic Avenue which the City had permitted the Lions Club
to use f~ a Rodeo Show. or somE! otblr project. stating that the Lions Club
were pl'lnni .,g to hoJ.d a Gladiola FestiVal ani Fair from January 20th to 25th,
1947. if' thE! City did not contemplate using tbl land for any purpose before that
t1D!e. The Lions Club do not plan to errllct ftl\Y buUdings. and will remove SQlml
of the existing fencing and other structures n(]lf therE!. 1Ir. Elliott explained
that they would l1.kB to have permiseion to use the property from year to yellr'aS
long as thE! City has no use for it, agreeing to clear tbs site upon reasonablfl
notice from the City. at any time it is needed by the City.
The Clerk was instructed to write. tbl Lions Club giving them peri!lfis8iillic,to use
this property, agreeing to give 90 dalll notice to clear the land it it should be
needed for City uss.
BUls totaling $ 5.126.72. having been approved by the Finanos Colllllittee.
were ordered paid.
City llanager Edmond presented specifications for tb8 rebuUding of the City
Docks, and an estimate of $ 6.000.00 as total cost of the projElct; all new piling
to cost $ 3,600.00. l1lPlber $ 1.800.00. and labor $ 600.00.. l(r. Edmond estimated
that if all of the docks are fUled du.rl.ng the ~er months at 2. per foot per
day. the City nn derive $ 450.00 revenue par IDOnth from the operation of the
docks. and the total cost can be amortized within two years.
IIaay requests f~ docking spaCE! have already been received, and tbl docks
are at present condSllllUld as. being Wlsaf'e. ThE! opinion of the CouncU was that'
the docks should be operated. and the IIIOney is available for the project.
The Clerk h,s instructed to advertise for bids on 10" piling. bids to be
rE!ceived by Sepl:.ElIIIber 9th, the labor other than the actual driving of tbl piles. to
be done nth, City help.
1Ir. Edmond presented a proposed conl;ract from tbl !lgin S1l8Sper Co. for tbl
purchase of a street sweeper at a total cost of $ 8.080.00, $ 3.080.00 to be psid
on delivery. $ 2."0.00 in twebe IIIOnths. and $ 2.500.00 in t1l'lllltT-four ~1;hs,
with 6% interest. Delivery can be promised in from fifteen to eighteen IIIOllths
after receipt of the order..
1Ir. Edmond also advised that the City could purchase a IlIII8ller cadet sweeper
from the City of Ft. Pierce f~ $ 3,000.00 or less, 1lbieh could be used Wltil thE!
El8in lIWSepar could be 4eliwre4. ~ the order tor the El8in sweeper could be
cancelle41f thesllaUer type machine proved satisf's.ctory.
!be Clerk1r88'instructed1;~advertise for bidllfor furnishing new street
sweeping equiPJll9.J!l.~"'&ada180if'0~ second-hand eq::1pment. bids to be received not
later than Sept.elaber 23rd. 19116.
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Counc.il then adjourned.
lOR
AUGtBT 26TH. 1946.
City Clerk
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