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09-14-59 SEPTEMBER 21ST, 1959. A Regular Meeting o~ the City Council was held i~ the Coun?il Chambers at 1:00 P.M., with Mayor George Talbot Jr., in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com missioners J. LeRoy Croft, Charles H. Harbison, Fred B. McNeece and George V. Warren being present. An opening prayer was delivered by Dr. Henry Turlington. The Council, by general consent, approved the Minutes for the Council Meeting of September lath, 1959. Mayor Talbot invited consideration by the Council for a feasi- bility study concerning Sanitary Sewer .Engineering services due to recent consideration of offers from various Engineering firms,-and following discussion thereon, Commissioner Harbison moved that, in view of the several interviews and references received from various- individuals and engineering firms, the City employ Russell & Axon for furnishing the City with a Preliminary Report for Sanitary Sewer Engineering on the basis of the Attorney's approval. Motion seconded by Commissioner Warren and unanimously agreed. The Council, on motion of Commissioner Harbison and seconded by Commissioner Warren, unanimously approved authorizing the City'Nana- get being requested to arrange for the presence of Mr. Fra.n~.T. Osteen Jr., and M~. C. T. McCreedy at the next Council meeting to discuss a financial survey and possible Revenue Bond issue to provide necessary funds for financing a Sanitary Sewer project. Commissioner McNeece reminded the Council that approval for any Sanitation outfall should be obtained from the State Board of Health prior to any City expenditures in connection with a Sanitary Sewer program. City Manager Lawson submitted BIDS received for Portable Bleach- ers: Berlin-Chapman Company $ -875;00 Burke & Co., J.Eo 1.250.00 JamisonMfg. Company ~0 BID Reeves Steel Company NO BID The Council, requesting information as to the need of such e- u~'pment, was advised by Recreational Director Tom Gray that - 1) No stands nor seating facilities for spectators are now provided at Teen Town Pool where many inter-city meets are scheduled from time to time, and (2) No bleachers are available for the Soft Ball League, now form- ing, which is an important phase of the Recreational Program and such Bleacherswould provide suitable seating for approximately 200 persons, and . - (3) There being no Bleachers avamlable throughout the City, this ty~e of Portable Bleachers could easily be made available, at any field, beach or park. The Council, on motion of Commissioner Warren and seconded by Commissioner Harbison, unanimously approved acceptance of the low bid as recommended by the City Nanager and Recreational Director. The City Manager then submitted the 'Final' Cost 'Reports' and proposed Assessmen~ Rolls for the D~ainage Improvements in Sections mN" and "0" in the general area of Basin Drive and being as follows; CONSTRUCTION OF STOPJ~ DRAINS IN SECTION "N" AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T. F. 1868, TOGETHER WITH THE IN- STALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CON- JUNCTION WITH SUCH STORM DRAINS. SEPTEMBER 21st, 19~9. Total Area Assessment Description Owner Benefited per Sq. Ft. TOTAL of. Prope. rt.~ _ ~ ._ .~ _ Sq.Ft. ...... Benefited.. ASSESS~ Lots 14, 15, 16 & 17, less Str. R~V~ Jeanette H. Resor 23,879 °037929 $ 908.72 Seabreeze Park Lot 35, Lowry Chas.H., & Jessica Park Estates M. Tyler 3,145 119.29 Lot 36, Lowry Merrill C., & 3,398 128.8~.~ Park Estates Ann McLean A~ams Lot 37, Lowry Realty Rental Co., 3,398 128.85 Park Estates Inc. Lot 38, L.p~Est. Charles H. Schmldt 3,145 .119.29 Lot 39, Lowry Bu~rell'H. Jr., & 2,989 112.82 Park Estates Elis. P. Narsh Lot 40, Lowmy J. Bo Michael & Co. 3,798 144.08 Park Estates Inc., W 192.2 ft of N. David L. N~gel 26,135 991.29 135.98 ft Blk 148 E. 106.5' of Lot William ~., & 18,0c.Br. Estates Forest P. NoVae 11,715 444.85 S.E. 1/2 of Lot 16 Frederick C., & 7,350 278.78 Ocean Bt. Estates Esther Muddimam Lot 14, Ocean James B., & Anmie 14,700 557.57 Breeze Estates L. Michael S.W. 1/2 of Lot 11 Martha Price Hall 7,500 284.47 0 Br Est t o. eeze a es " · . 111,132 ** $ 4,215.22 Resolution No. 1162 $ Assessment Roll Adver.(Est) 24;78 Ordinance Ca~tio~ " ' 3.50 Survey (~rockway). -151~54 Contract (Oneman Eng.) ~ ?~051,2~ $ 5,269.03 LESS 20% 1,063.81 City's Share of Expense $ 4,215.22 SEPTEMBER 21~t, 1959. CONSTRUCTION OF STORM DRAINS IN SECTION "0": Descri tion Owner ,,, p ..... ~ ~ S. fl.Ft:Co.st .AS, SES$],~?, T_ OCEAN BREEZE ESTATES Alfred R., & Lot 7 & S 25' of 8 P.H. Roberts 16,392 $ .075132 $ 231.57 Lot 9 & N 50' of 8 Loubeale Gawler 17,976 1,380.57 Lot 10 Chas. A., & 10,789 810.60 Alma E. Crane Lot 32 Nfs.Schuyler Volkmar 11,366 853.95 Lot SS Paul & Isla S. Judson 11,368 854.10 Lot 34 Marion P. Robertson 11,370 854.25 ED of S 100' of Wm.C. Jr., & Ethel 7;948 597.16 Lot 23 S. ~Villiams ED of Lot 22 less Rhea %Vhitley 8,264 620.89 South 1 ft S 1' of ED of Lot Central Bank & 12,593 946.14 22 & Lot 21 less Trust Co., N.W. 1/4 Trustee E 106.61' Lot 20 Jane Matalene 11,600 871.53 E 106.61'. of 19 J. Wm. Tiernan 11,727 881.07 N.W.~ of Lot 16 Frederick C., & 7,350 552.22 Esther Muddiman Lot 17 Chas..C., & Mary 14,685 1,105.31 C. Cook Lot 15 Purcell C. Tiernan 14,690 1,103.69 Lot 13 Thos.B.,& Kate Thames 14,094 1,058.91 Lot 12 Anna Webb Petter 15,000 1,126.98 N.E. 1/2 of Lot 11 Martha 'Price Hall 7,500 563.49 204,712 $ 15,380.42 Resolution No. 1156 $ 39A60 test I Assessment Roll Adver, 31;80 Est~ Ordinance Ca.ptio.n 3,50 Pipe (Hardr~ves) 1,251~25 Survey, (B. rockway) -657~89 Contract (Oneman Eng.) 21,929.79 23 ~ 913; 53 (City Exp.) LESS . 4~688..,?0Cost of Sea-Wall 19,225.53 LESS 20% 3,845.11 City's Share of Exp. $ 15,380.42 ** On motion o.f Commissioner McNeece and seconded by Commissioner Croft, the Councxl unanimouslY approved acceptance of the N~na~er's Cost Reports and proposed Assessment Rolls for said Drainaze I~prove- ments in Sectxons N and 0. SEPTEMBER 21st, 1959. City Manager Lawson-then submitted the 'Final' cost 'Report' and  roposed Assessment Roll, shown below, for t. he Paving Improvement of · E. Railroad Avenue between Second and Third Streets: -CLEARING, GRADING and PAVING OF A THIRTY FOOT STRIP~ LYING BET~VEEN S,E. 2ND & SRD STREETS & BOUNDED ON EAST BY FEC RR R/~: Desqrip~ion O~ner ~ro.nt Footage. Cost Assessment Lot 1 Blk. 79 F.F., & Mattie Bishop ~41.90 $ 2.15~$ $ 302.60 Lots 15 & 16 Mrs. George M. Block 79 Laptmm 123.66 268.70 Lots 17, 18 & 19 Joseph Santo & Block 79 Ben F. Backer 182.04 324.23 Lot 20, Blk. 79 A.A. Simon ~50.68 108.O8 Lots 21, 22 & 23 Frederick 3. Block 79 Neafie 152.04 324.23 t part of ~'ly. Florida of FEC RR property East.Coast !ying~between S.E. 2nS Railway 62~.32 1,822.83 & Srd Streets & abutttn ~ -- LllIU ..... South Railroad Avenue 1,240.64 $ ~.,645.67 Resolution No. i167 $ 2~75 Assessment Roll (est.) Ordinance Ca~tion " S~30 Survey ( .Ellxot.t Gross) ~ Contract (SUperxor Asphalt) $2,645.$7 ** The Council, on ~ot~on of Commissioner McNee~e and seconded by Commissioner Croft, unanimously approved acceptance of the ~nager's Report and Assessment Roll for sai~ Street Improvement. The City Mamager read the following letter; Date~ Sept 18th - from Att'y. Nail E. MacMillan - RE:~ BELLEHAVEN S/D "I am writing you this letter on behalf of m~ clien, t, Fulton Gruver, the owner of ~he proposed S/D, BELLEHAVEN. It ~s un~er- standin~tthat you have approve~ the plat ef .this sub~iv~sto~n after havingI fav?r.ably ~.ecommended.by the Planning Board. am writing thxs letter xn rega~rd to the streets ~nd your 2uirements in connection therewith uncer the S/D Development Ordi- nance. My client~ Fulton Gruve~, is wi.lling to pave. that part. of .S.~.. 12th Ave.n? lying along the west sxde of his .pro~e.rty as xs wit~. xn h~.s ownership, to wit, one-half of the str.eet (25 ~t) ~nd te pave likewise along the North end of one-half ef hxs S/D, from ~.V~. 12th Avenue to S.W. llth Avenue~ and to pave all of S.W. llth Avenue which runs down the center of his S~D. My clieat foals that to re2uire him to.dc any further paving, to wit, alon~g any part of the South end of h~s S/D or to the East of his S/D or from S.~V. llth Avenue on the North t~ S.W. Ath Avenue, is r.e2uiring cf him at this time a burden ~hich is ~ot ~ustified under h~s Present development plans· thcse Needl?ss.to say, portion.s ~i.ll be eventua.lly improved, and pave~,.but ~t xs not necessary at thxs t~me. In the ~n.terests.cf promotxng the.eco~.om~ of Delray Beach and ~veloping.thAs ~ar.t~c~lar area and gettxng ~t on the ta~ rol.ls as.so~n as possxble, xt xs res- pectfully re2uested that the Councxl waxve the re2uirement that he A SEPTEMBER 21s t, 1959. should pave thOse areas which we have herein requested to be exclud- ed. A stringent S/D Ordinance has some merit as far as the City is concerned. However, it should be also realized that in some cases the r.equire.ments are so high and so st.rict,.when considered in a practxcal lxght from the .deve.loper's vxewpolnt, that to adhere to the strict, requirements w$11 xmpalr the de. velopment of Delray Beach. Certainly we' are all Interested in thxs, and it goes without saying that when that part of the S/~. wa.rrants development by the completion of the streets xn that. area: xt w~ll be more to the developer's.be_ne.- fit to go .ahea./ and f~nish xt than to anybody else. That practical a.spect of ~t wxll take care of the ass~u~.anc.e to the City that this wxll be done when the time warrants, whxch xs an unknown quantity at this time. .Mr. Gruver is anxious to get s~arted on this.and y~ur immediate attentxon and consideration will be greatly apprecxated." /S/ NEIL E. MacMILLAN A motion by Commissioner Croft to refer this matter to the Plan- ning Board for study and recommendatio~ was not seconded. Commissioner Harbison then moved for temporary tabling of this request for further study by the Council. This motion received no second. Following a general dis.cussion of the requirements containe6 in S/D Ordinance No. G-255 Commxssioner Warren moved that any deviation therefrom be d.enied and all requir.eme.nts as outlined therein be ad- hered to. Motxon seconded by Commassxone_r_ McNeece and upon Call of Roll - Commissioners ~Varren, McNeece and Harbison, together with Nayor'Talbot, voted in favor thereof, Commissioner Croft being op- posed. Motion carried. Further discussion followed on the provisions of Ordinance No. G-285, .and the Council was advised by the Director of Public V. Torks that saxd Ordinance contains "Alternate" methods by which a Subdivid- e.r may comply w. ith the requirements therein, and on motion of Com- mAssioner Harbxson, seconded by Commissioner Warren, the Council unanimously agreed to defer its decision on determining an alt. ernate requirement, ~o permit study of the Street Improvement provisions as contained in said Ordinance No. G-285. City Manager Lawson read - - - RESOLUTION NO. 1194: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO GRADE AND PAVE THAT PART OF S. W. TEh~rH AVFA~UE LYING BE~/~EEN ATLANTIC' AVENUE AND SOUTH- ~EST SECOND STREET. ~HEREAS the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public.to grade and pave that part of S:W. 10th Avenue lyin.g between Atlantic Ave and S.W. 2nd Street to a wxdth of 24 ft, the C~ty of Delra.y Beach, Palm Beach County, Florida,. to sha~e in the cost of such ~mprovement with the owners of lands abutting thereon; NO~i, THEREFORE, BE IT RESOLVED by the City Comlcil of the City of Delray Beach, Palm Beach County, Florida, as foll.ews: SECTION 1. That the City Manager be required to submit plans, specifications and an estimate of the cost of such improvement to be made, and that the same shall be placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 21st day of September, A.D. 1955. /S/ GEORGE TALBOT JR., MAYOR SEPTEMBER 21st, 1959. The Council, on motion of Commissioner Croft and seconded by Com- missioner Harbison, unanimously agreed on the ADOPTION of Resolution No. 1194. The City ~-nager then read - - - RESOLUTION NO. 1195: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE GRADING AND PAVING OF THAT PART OF S.W. 10TH AVENUE LYING BETf~EEN ATLANTIC AVE AND S.W, SECOND STREET TO A WIDTH OF IF.~NTY-FOUR FEET. WHEREAS' the City Council . of t~.e City of Delray Beach, Florida, d~d, on the 21.st day of September, 19§9, adopt Reso.lu.~ion. No.-1194 ordering.the Cxty Manager to prepare plans ~nd specifications, to- gether w~th. estimate of cost .of gradi~q~ and paving that part of S.Wo 10th Ave lyxng between Atlantic Ave ant S.W. 2nd Street to a width of 24 ft., and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the City Manager, and V~IEREAS, the City Council deems it %o be necessary for the safe- ty and ~onvenience of the public to grade and pave sai~ street, NOW, THEREFORE, B.E tT RESOLVE.D by the City Council of the Cit.y of De.lray Beach, Florida, that it ~s determAned to make the followxng descrxbed improvement, to-wit; TO GRADE AND PAVE THAT PART OF S.W. 10th AVE LYING BET~EN ATLANTIC AVE AND S.W. 2ND STREET TO A WIDTH OF 2A FT, THE TOTAL COST, AS ESTIMATED, FOR SUCH IM-. PROVEMENT BEiNG $8,700.00 BE IT FURTHER RESOLVED that the entire cost of such improvement .shall be shared by the. Ci.ty of Delray Beach, 21orida, and the follow- ~ng described properties xn Delray Beach, .Paid. Beach County, Florida, on a basis of the City of DelraY Beach paying 20 percent.of the co.st of said improvement and the abutting.preper~ty ~wners, sa~d propertxes shown below, paying 80 percent of sa~d total c~st. Subdivision BLOCK LOT Atlantic Gardens 8 11 " 21 " 22 " " " 25 " 26 Atlantic Gardens 9 I! " " 19 " " 21 " " 2~ " 24 6 SEPT~ER 21st, 19~9. BELAIR HEIGHTS BLOCK LOT " · 1 1 " 9 " 10 " 11 " 12 " 15 " 14 " 15 LINCOLN 'PARK 1 " II : 8 " 9 " 10 " 11 " 12 said benefits to be determined and prorated according to the front · footage of the respective properties as set forth in,mediately above. BE IT FURTHER RESOLVED that said special assessments against all the parcels of lands as set forth above which are specially benefit- ed, shall be and remain li.e~.s, s~erior in dignity to all other liens except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shill bear inte~es~ at the vase of eight (8).percent per a.n~l, um, and ~hxch may be paid in three (S) equal yearly znstallments wxth accrued ~nterest on all deferred payments: Payment shall be made at the same place that taxes payable t° the City of Delray Beach, Florida, are paid, namely the office of the City Tax Collector, and upon failure of any property owner to pay the annual installment due, or any part thereof, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chan- cery to enforce payment thereof with all accrued interest, together ' with all legal costs incurred, including a reasonable attorney's fee. The total amount of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that the City. Council shall sit at the City Hall in the City of Delray Beach, Florida, at 1:O0 P.M., on'the 5th day of October, 1959, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City 9ouncil of the City of Delray Beach, Florida, on this the twenty-fxrst day of September, A.D. 1959. /S/ GEORGE TALBOT JR., Mayor On motion of Commissioner Croft and seconded by Commissioner McNeece, the Council unanimously approved the ADOPTION of Resolution No. 1198, authorizing a public hearing on its determination to im- prove that part of S.W, ~Oth Avenu? lying between Atlantic Avenue and S.W. 2nd Street, as outlined therein. The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison, by general consent agreed that the Report of the City Attorney and his proposed Resolution congerning a revised Water Service Policy be tabled fo~ study and consxderation at the next regular meeting. SEPTEMBER 21st, 19%9. On motion of Commissioner McNeece and_ seconde8 By Commiss.ioner Warren, the' Council unanimou,. · sly approved the tr~sfer of the Liquor License at the Bo.n Alre Hotel, and owned by "Ar~i.~a Realty Corp., .to "Bradsar Corporatlon~ the new owners of the Bon Alre Hotel properties located on Lots 4, 5, 6, ? and 13, Block 77, less the N 16 ft of Lots 7 and 13. The Council, on motion of Co,~,~ssioner Croft and _ ~ seconde~ by Commissioner McNeece, ~uthorized the City Clerk to ?xecvte a Correct- ire Deed for transfer of Lot $3' Block 98, by the C~ty.of Delray Beach to A. L., and Clara C. Miller, due toT ax Deed, ~ssued by the City to s~id parties, and dated July 7th, 1944, hav~ been indefi- nite and ~nsufficient t? properly convey the parcel, thereby hawng caused a cloud on the title. Commissioner Warren cited the unfairness of ~ecent Chamber of Commerce reports and. comment in local newspapers relative to unfavor- able support concern~n~ the proposed. New City Ball and Jail, and ex- pendStures incidental thereto, especlally after such thne and consid- eration.had been expended thereon.b~ the Council, and without _any expression of the Chamber's opposition, and the fact that the C?uncil has not, as yet, approved any~efinite expense for such needed ~m- provement. Commissioner Croft stated that the Board of Directors for the Chamber of C_mw, erce disclaim any responsibility for such published comment alleged to have been caused by the Chamber. _ Mr. Harvey Brown appea~ed ~ef?re the Council r~questing all pos- sible consideration of the CmnmA~sxon toward effectxng award of co~- tracts in connection with the bu~ding of any ~ew City Ball and Ja~l to local contractors able to provxde Bond requirements, that such appreciable sums of money might be spent in the CxtY rather than to o~side interests. MEETING ADJOURNED: R.D. WORTHING ? " ') ...... -city 'mer~ APPROVED.