03-12-56 MARCH 12th, 1956.
A Regular Meeting of the City Commission of the City of Delray
Beach, was held in the Commission Chambers at 7:30 P. M., with Hayor
Yargates in the Chair, City Manager W. E. Lawson Jr., City Attorney
John H. Adams and the following Commission Members attending, W. J.
Snow, Catherine E. Strong, Emory J. Barrow and Howard Lee Cromer,
all members being present.
An opening prayer was delivered by Rev. Jo T. Hayes.
Commissioner Strong moved that Minutes of the February 27th
and March 5th meetings be approved as written. Motion seconded by
Commissioner Snow and unanimously carried.
Mayor Yargates turned the meeting over to Mrs. Lora Britt who
paid tribute to the late Honorable W. A. Jacobs. Police Cheil R. C.
Croft, a long time and c~Sse friend of Mr. Jacobs unveiled the
morial Plaque. Mrs. W. A. Jacobs then read a respons, thanking those
individuals responsible for bringing about this ceremony. Hayor
Yargates presented Mrs. Jacobs with a corsage for the occasion.
City Manager W. E. Lawson Jr., then re~d the first reading of
Ordinance G-234, a supporting ordinance for the general comprehensive
Zoning Plan for the City of Delray Beach.
The Commission then discussed that part of the Ordinance per-
taining to Home Occupations, Commissioner Strong not being in favor
of allowing such activities due to the obvious and final undesirable
conditions in Residential areas.
Mrs. Helen Houghton protested the proposed extending of R-3
Zoning northward from Thomas Street to the north line of Ocean Beach
Lot 7, and Submftted a Petition in support of said protest which had
been signed by many Residents of the Vista Del }far section.
Att'y. Paul Gringle, also representing Mrs. Suzanne Corm and
Mr. & Mrs. Houghton, registered a protest against Apartment and Hotel
Zoning (R-3) north of Thomas Street.
Col. S. P. Meek informed the CommiSsion that he had sent into
the City Hall a Petition requested the highest zoning for the Vista
Del Mar area and protesting R-3 Zoning north of Thomas Street now
being proposed.
Mr. S. Howard Armstrong, Laing Street & Harmon Court, submitted
a Petition, signed by many residents of the Vista Del Mar general area,
protesting the proposed Zoning of R-3 north of Thomas Street, and cited
a similar situation in New York City which such a change resulted in
high grade residences of the ~100,000. class to be forced to alter the
homes to apartments and tenements and to finally dispose of properties
at a terrific financial loss.
Mrs. Edna W; Delin, speaking also for her mother Mrs. Anna Waters,
being owners of considerable land in Lot 7 of the area proposed to be
zoned R-3, in favoring such Zoning, expressed her desire to go on re-
cord as stating that neither she nor Mrs. Naters would ever consider
deteriorating any section of the City of Delray Beach, nor in any way
lOwer the standard of the Vista Del Mar section, as both she and her
mother have lived in Delray and particularly that area too many years
and intend to remain there.
Mr. Fred A. Watkins, stating that he and others had developed
residences in the Vista D~I Mar area of a high grade and creditable
to any community, protested any R-3 Zoning north of Thomas Street.
Commissioner Snow then acknowledged having attended several
Planning and Zoning Board meetings and favored extension of R-3 Zon-
ing northward from Thomas Street to the North line of Ocean Beach Lot
7 and wished to affirm his original recommendation of such zoning
change.
HARCH 12th, 1956
Commissioner Snow then moved that Ordinance G-234 be placed
on first reading. Commissioner Strong seconded the motion which
was unanimously carried.
City Manager W. E. Lawson Jr., then read a Report from the
Planning Board containing the Boardts recommendation relative to the
regulation of Traffic on U. S. ~ 1, which, in effect, recommended
that south-bound traffic be directed to Fifth Avenue and North-bound
traffic to Federal Highway (U.S.# 1.).
Mr. Oscar W. Kibele then inquired as to what width would be re-
quired for 5th Avenue, and was advised by Mayor Yargates that same
would be sixty feet.
Mr. Frank H. Constans was opposed to the recommendation of both
the Planning/Zoning Board and the Roads Committee of the Chamber of
Commerce as pertains to the one-way traffic for 5th and 6th Avenues.
Mr. Constans further expressed doubt as to the Roads Committee's re~
commendation being a majority feeling of the Chamber and was informed
by Mr. Ralph Priesmeyer, Committee member, that the Chamber's Board
of Directors had approved the recommendation referred to. Mr. Constans
further st Zed that he did not believe one-way traffic would continue
long on 5th and 6th Avenues if it were undertaken, and protested one-
way traffic on Federal Highway.
Mr. Herbert L. Post protested any consideration being given to-
ward establishment of one-way traffic on 5th and 6th Avenues, and fur-
ther cited the present confusion in West Palm Beach due to one-way
traffic experiments.
Mayor Yargates then informed the audience that the County Com-
mission had advised him of the State Road Board's estimated cost of
one million dollars for U. S. Highway ~ 1, right-of-way to four lane
Federal Highway and that the County did not have that amount of
money for such prupose. The Hayor further stated that in offering
to the County, the approval of the City to one-way traffic on 5th and
6th ~venues, it would definitely benefit the City in many ways, some
of which would be sidewalks, where now none exist, and even more im-
portant, drainage ~lich would eliminate the ponds and floating canals
now created about the City with every precipitation.
Hr. Ralph Longbottom stated that he felt the matter should be
put up to the property owners affected, Mayor Yargates replying that
it was necessary for the Commission to act in the best interests of
all people in Delray Be~ch rather than a few.
Mr. Kibele further inquired if 60 feet on 5th Avenue would in-
clude sidewalks and was advised that it wouldo
Commissioner Snow then stated that he had been advised by the
County Commission of their estimated cost of ~378,000. for obtaining
necessary R/~ for 5th Ave., which amount was available, whereas ne-
cessary funds for obtaining required R/~ to widen Federal Highway
would not be available for five to six years.
Mr. Ralph Bird, a professional engineer, looking to the future
and recognizing future needs, stated that the City Commission would.
be very wise to approve the recommendation of the Planning Board.
Commissioner Strong stating she did not feel any of her fellow
commissioners were any more progressive minded than she, nevertheless
she was opposed to one-way traffic being established on 5th and 6th
Avenues.
Mr. O. D. Priest Jr., then inquired as to what had happgned to
the proposal of two years ago for widening U. S. ~ 1. when 50~ or so
of property owners affected had offered dedication of additional foot-
age on Federal Highway and was advised that insufficient dedication
HARCH 12th, 1956
of land for R/~ had been offered and the matter therefore had to be
discontinued.
Commissioner Barrow then moved that the Commission accept the
recommendation of the Planning Board, County and State Road Board,
designating East 5th and 6th Avenues One-Way Traffic - Southbound
and North-bound respectively. Hotion seconded by Commissioner Cromer.
Upon call of Roll, ~ayor Yargates and Commissioners Cromer, Snow and
Barrow voted in favor thereof and Commissioner Strong was opposed.
Commissioner Cromer then stated that the action just taken sup-
ported his contention that the City should recognize and provide for
a long range program as pertains to water supply and sewage disposal,
and the latter should receive immediate attention especially before
any imorovements or alterations to 5th and 6th Avenue rights-of-way.
The Commissioner further stated that the original survey and plan of
Smith & Gillespie is useable, only requiring being brought up to date.
Commissioner Cromer then moved to accept Smith & Gellespiets
proposal to bring said plan up to date providing for a definite long
range program. Hotion was seconded by Connaissioner Barrow and un-
animously carried.
Upon request of Commissioner Cromer, City Hanager W. E. Lawson,
Jr., explained circ~nstances surrounding the failure of a Well on S.
Swinton Avenue, causing a shortage in the Cltyts water supply, and as
a result of a conference with J. P. Carroll, who constructed the
original well, estimated an approximate cost of $2,500.00 to place
this Well back in satisfactory operation.
Commissioner Barrow moved for awarding Contract to Hr. J. ?.
Carroll for over-hauling this Well and making necessary repairs and
adjustments to assure satisfactory water supply therefrom. Hotion
was seconded by Commissioner Strong and unanimously carried.
The City Hanager then read, for second reading, Ordinance 6-232.
ORDINANCE G-232o
AN ORDINANCE OF THE CITY C0~ISSION OF THE CITY
OF DELBAY BEACH, FLORIDA, LEVYING THE ASSESSHENTS
AS SHOWN BY THE ASSESSHENT ROLL SUBHITTED BY THE
CITY ~L~NAGER OF SAID CITY, CONCERNING THE CLEAR-
ING, GRADING, PAVING AND CURBING OF THAT I?ART OF
SOUTH F~ST THI~ID AVENUE. LYING BETWEEN ATLANTIC
AVENUE AND SECOND STREET.
~EREAS, the City Hanager of the City of Delray Beach, Florida,
has, in pursuance to the Charter of said City, submitted to the City
Commission for approval, a report of the cost, and the assessment
r011 for the clearing, grading, paving and curbing of that part of
South East Third Avenue lying between Atlantic Avenue and Second
Street, and
WHF~REAS, said report and assessment ~oll were approved by the
City Commission in regular session on the 13th day of February, A.D.,
1956, and
WHEREAS, due notice concerning said asses.sment roll was given
by advertisement by the City Clerk, in accordance with the City Char-
ter of said City, for the purpose of hearing objections to said as-
sessment roll, and
WHEREAS, no sufficient objections were received to the confi~m-
ation of the assessment roll,
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the
City of Delray Beach, Florida, as follows:
HAHCH 12th, 1956
SECTION 1. The assessments, as shown by said assessment re~l,
which is annexed hereto and made a part hereof, are hereby levied
against the property shown and ~n amounts sho~ on said assessment
Roll, said assessments to be paid in five (5) equal annual install-
ments, together with interest at the rate of eight (8) per cent pep
annum, the First installment becoming due and payable on Hatch 13th,
1956, and on the 13th day of Hatch for the next ensuing Four (4) years;
and said special assessment, so levied shall be a lien From the date
the assessment becomes effffective, upon the respective lots and parcels
of land descrived in said assessment roll, of the same nature and to
the same extent as the lien for general taxes, and shall be collect-
ible in the smne manner and with the same penalties and under the same
provisions as to sale and forffeiture as City Taxes are collectible.
PASSED in Regular Session on second and final reading on this
the 12th day of Hatch, A. D., 1956.
/S/ Hike Yargates
HAYOH
(S~L)
ATTEST
...... /S/ R. D. ~orthinf City Clerk
First Heading .... February 27, 1956 .,
Second Reading - - - Hatch 12, 1956
PASSED & ADOPTED- - - Hatch 12, 1956
ASSESSHENT ROLL
Clearing, Grading, Paving and Curbing of that part of South
East Third Avenue lying between Atlantic Avenue and Second St.
Description Front Front Ft. TOTAL
of Propert~ 0~ner Footage Assessment ASSESSF~ENT
N. 199 ft., less S. Delray P~operties 197.75 $ 1.879 $ 371.57
1.25 Ft. & Less $/~. Corp.
Block 85. E of Ry.
S 56.25 Ft. of N 250
Ft. of Block 85, O.D. Priest, Sr. 56.25 105.69 -
E of Ry.
S 225 ft. of N 480 Ft. F. E. C. Hailway Co. 225 422.77
of Block 85, E of Ry.
S 139.2 Ft. (H/L) F.E.C. Railway Co. 139.2 261.56
Block 85, E of Ry
Block 86, less 190 ft. F. E. C. Railway Co. 447 839.91
East of Railway
190 ft. of Block 86, F.E.C. Railway Co.
East of Railway (CITY PARKING LOT) 190 357.01
Lot 1, Block 93 First National Bank 141.55 265.97
Lot 36, Block 93 Cecil 0. & Hlldred 60.66 113.98
Stanley
HARCH 12th~ 1956.
Description Front Front Ft. TOTAL
of Property Owner Footage Assessment Assessment
Lot 35, Block 93 Thelma A. Priest 24.26 $ 1.879 $ 45.58
Lot 34, Block 93 Thelma A. Priest 24.26 45.58
Lots Sl~ 32 & 33, l~elma A. Priest 72.78 136.74
Block 93
Lot 30, Block 93 Alfar Creamery Co. 24.26 45.58
Lot 29, Block 93 Alfar Creamery Co. 24.26 45.58
Lot 28, Block 93 Alfar Creamery Co. 24.26 45.58
Lots 20 thru 27, Alfar Creamery Co. 197.46 371.03
BloCk 93
Lot 1, Block 94 H. Haild Zeder 61.2 115.00
' 2 " ~ H. Haild Zeder 61.2 115.00
~ 3 ~ s H. Haild Zeder 61.2 115.00
' 4 , , H. Haild Zeder 61.2 115.00
~ 5 ~ ~ H. Haild Zeder 61.2 115.00
' 6 ' ' H. Haild Zeder 61.2 115.00
~ 7 ' ~ H. Halld Zeder 61.2 115.00
" 8 " " H. Haild Zeder 61.2 115.00
" 9 " " H. Haild Zeder 61.2 115.00
" 10 " ~ H. Ha/Id Zeder 61.2 115.00
2460.95 ~4,624.13
1. Plans & Spec. 506.00
2. Brockway 10.45
Adver. for Bids 3.37
Resolution No. 982 25.85
Assessment Roll (Est.) 31.50
Ordinance (Est) 2.32
579.49
CONTRACT (Hardrives) 14,834.26
$15,413.75
70~ 10,789.62 Cityts share of expense (Per
policy estab. 6714/55)
$4,624.13 TO BE ASSESSED
Comissioner Strong moved that Ordinance 6-232 be passed on
second and final reading. Hotion seconded by Co~issioner Snow and
unanimously carried.
MARCH 12th, 1956.
City Hanager Lawson then read, for second reading. Ord. G-233.
ORDINANCE 6-233.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, LEVYING ~IE
ASSESSM~I~TS AS SHOWN BY THE ASSESSMENT ROLL
SUBHITTED BY THE CITY }~NAGER OF SAID CITY,
CONCERNING THE OPENING, GRADING AND PAVING
OF THAT PART OF SOUTHEAST FOURTIt STREET
BETWEEN S. E. THIRD AND S. E. FIFTH AVENUES.
WHEHEAS, the City Hanager of the City of Delray Beach, Florida,
has, in pursuance to the Charter of said City, submitted to the. City
Commission for approval, a report of the cost, and the assessment
roll for the Opening, Grading and Paving of that part of South East
Fourth Street, between South East 3rd and South East 5th Avenues, and
/
WHEREAS, said report and assessment roll were approved by the
City Commission in regular session on the 13th day of February~A. Do,
1956, and
WHEHEAS, due notice concerning said assessment roll was given
by advertisement by the City Clerk, in accordance with the City
Charter of said City, for the purpose of hearing objections to said
assessment ro11, and
WHEREAS, no sufficient objections were received to the confi~m-
ation of the assessment roll,
NOW, THEREFORE, be it ordained by the City Commission o£ the
City of Delray Beach, Florida, as follows:
SECTION 1. The assessments, as shown by said assessment ro11,
which is annexed hereto and made a part hereof, are hereby levied
against the property shown and in amounts sho~n on said assessment
roll, said assessments to be paid in five (5) equal annual install-
merits, together with interest at the rate of eight (8) per cent per
annum, the first installment becoming due and payable on Hatch 13th,
1956, and on the 13th day of March for the next ensuing fou~ (4)
years; and said special assessment, so levied shall be a lien from
the date the assessment becomes effective, upon the respective lots
and parcels of land described in said assessment ro~l, of the same
nature and to the same extent as the lien for general taxes, and
shall be collectible in the same manner and with the same penalties
and under the same provisions as to sale and forfeiture as City
Taxes are collectible.
PASSED in Regular Session on second and final reading on this
the 12th day of March A. D., 1956.
/S/ Hike Yar~ates
(SE ) A Y o R
ATTEST:
IS/ Ho D. Worthin~
First Reading February 27, 1956
Second Reading- Hatch 12, 1956
PASSED & ADOPTED- Havch 12, 1956
ASSESSMENT ROLL
Opening, Grading and Paving of that part of South East
Fourth Street, between S. E. 3rd and S. E. 5th Avenues.
HARCH 12%h, 1956
Description Front Front Ft. TOTAL
of Property o~ner Footage Assessment ASSESSHENT
Lot 12, Block 96 T.L. & Nannie G. 132.5 $2.189 $290.04
Straight
Lot 24, Block 96 Edward A. & Alyce Do 132.5 290.04
Fricke
Lot 13, Block 104 John T. & Margaret D 135 295.52
Carroll
Lot 12, Block 104 Ada E. Martin 135 295.52
Lots 1, 2, 3 & 4, William H. & Elfreda 187.3 410.00
Block 4, Osceola Pk. Dickman
Lots 5 & 6, q.L. & Ada Martin 93.7 205.10
Block 4, 0sceola Pk.
Lot 1, Block 2 Walter J. & Jennie ¥. 132.5 290.04
0sceola Park Leith
Lot 10, Block 2, Mary Hoghan 132.5 290.04
1081 $2,366.30
Preismeyer 4.20
Adver. for Bids 1.83
Adver. for Bids 1.90
Resolution ~ 978 19.20
Assessment Roll (Est.) 13.20
Ord. Caption (Est.) 3.00
43.33
CONTHACT (Carver) 3t 900.50
$3,943.83
40~ 1,577.53 City's share of expense (per
policy estab. 6/14/55)
*'60~ ~2,366.30 TO BE ASSESSED
Commissioner Strong then moved that Ordinance 6-233 be passed
on second and final reading. Motion was seconded by Commissioner
Barrow and unanimously carried.
Commissioner Snow then moved that Bills in the sum of 928,191.61
be paid subject to the approval of the Finance Committee. Motion was
seconded by Commissioner Barrow and unanimously carried.
Commissioner Barrow moved for allowance of $75.00 to Attorney
Neil MacMillan for attorney's fee in connection with the Ruth Mart
suit. Hotion was seconded by Commissioner Strong and unanimously
carried.
Conzaissioner Barrow then moved for appropriation of $100.00
from Unappropriated Surplus for Membership Dues in Palm Beach County
Resources Development Board. Motion was seconded by Commissioner
Strong and unanimously carried.
Mayor Yar~ates recommended that a traffic signal light be in-
stalled at East Atlantic Avenue and Seventh Avenue.
HARCIt 12th, 1956
Co~missioner Strong moved that the Hayorts recommendation for~
installation of Traffic Light at Atlantic and East Seventh.Avenues
be accepted and said Light installed. Notion was seconded by Com-
missioner Snow and unanimously carried,
It was agreed to await provision of necessary funds to cover
cost of installing a Traffic Light at N. Federal Highway and 4th
Street in the coming fiscal year's budget.
Hrs. Lillian H. Dryfuse, speaking in behalf of ~r. E. H. Britton
and Dr. R. L. Dryfuse, protested the result of the City having aband-
oned an alley in HcGinley-Oosman S/D and the location of the Chamber
of Commerce Building in 7th Cou~t as permitted by the City.
Heeting adjourned,
,/s/ R. D. Worthins
City Clerk
APPROVED:
HAYOR