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11-09-53214 November 9th, 1953 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Mayor R.J. Holland in the Chair, and City Attorney Neil E. MacMillan, City~nager Robert Lovelace, and the following Councilmen present: W.A. Jacobs, John N. Kabler, Jr, J. L. Saunders, and Mrs. Alma K. Woehle, a quorom being present. Upon motion of Mrs. Woehle, seconded by Mr. Kabler, and unanimously carried, minutes of meeting held October 26th were approved as written. An application for permit to store butane and motor fuel in 1000 gallon tanks just north of the Seaboard Railroad Station, on the Fred Sellers property, was presented by the City Manager, who stated that the storage of petroleum within the City limits is prohibited by Ordinance, and similar requests for storage along the F.E.C. Railroad nearer the center of the Town, have been turned down. As this proposed site is almost at the City limits, a motion was made by Councilman Kabler and seconded by Councilman Saunders, that the request be referred to the Planning Board for consideration and recommendation, and upon call of roll the motion carried unanimously. A continued Hearing to receive objections to the confirmation of Assessment Roll on certain completed street resurfacing projects was then held. A letter from the office of Geo. S. Brockway, Consulting Engineer on this project with reference to final costs, was read by the City Manager, as follows: "November 9, 1953 Mr. Robert Lovelace City Manager Delray Beach~ Florida Dear Mr. Lovelace: We understand that there is some question relative to the difference between the costs, as set forth in the preliminary estimate, And those finally paid for the paving contract recently completed and accepted. In order to clarify the matter, it may be well to review the history of this improvement program. 1. On September ll, 1952, we received written instructions to prepare plans for the improvement of various streets within the City of Delray Beach. 2. On September 20, 1952, we submitted a preliminary cost estimate on these streets. Our letter, accompanying this estimate, read, in part, as follows: 'Because of the limited time, this estimste has been prepared from a visual examination of the streets to be improved~ and not on the basis of engineering surveys. Consequently, an estimate prepared after the necessary surveys are made, m~y vary to a great extent from this estimate.~ 3. The City advertised for objections; and subsequently, as a result of these objections, certain streets were omitted from the program. %. Bids were received, and all bids were higher than the prelLminary estimate of cost. However, the City Council awarded the contract at a total bid price of $~%,969.50. 5. At the request of the City Manager, the paving of Northwest Fourteenth Street was added to the contract, at a lump sum of $2,000.00, making the total contract price $%6,969.50. 6. The contract was completed, together wibh ~dditional work ordered by the City~nager, at the intersection of Seaspray and Andrews. This work amounted to approximately $300.00. The ~inal amount paid to the Contractor was $&7,290.35, or within $21.00 of the contract bid price. The following is a tabulation, showing each street improved, the estimated cost, the contract price as awarded, and the amount of the final estimate. 215 November 9th, 1953 Street Preliminary Contract Final Payment Estimate Northwest Seventh Street $2,332.50 $2,922.50 $ 3,368.39 Over Seaspray 2,492.20 5,353.50 5,771.82 Over Gleason Street 13,800.00 20,944.00 20,664.00 Under ~ramar 2,332.50 2,340.80 2,199.44 Under Nassau 1,833.00 2,021.60 1,900.00 Under Northwest Eighth Street No. Est. 8,459.10 8,295.22 Under Northwest First Street 1,833.00 2,928.00 3,091.48 Over Northwest Fourteenth Street No Est. 2,000.00_ 2.000.00 Same $46 ,969.50 ~2~ Additional work ordered at Seaspray and Andrews 300.00 It should be noted that the smount paid to the Contractor was under the contract price on four streets and over the contract price on three streets. We hope you will find the foregoing information helpful to you. Very truly yours, George S. Brockway By: /S~/ Roy E.. Weber" City Manager Lovelace further advised that all principal Contractors in South Florida had been invited to bid, including West Palm Beach, Ft. Lauderdale, Tampa, Lake Worth, and ~ami, but only three bids had been received. Mr. Lovelace then explained that the difference in the cost of improvement on 'Sea Spray Avenue was because it had been figured as a 22' pavement whereas the street had been caved to a width of 30'. However he recommended that prooerty owners be assessed on a 22' basis and the City at large assume the additional cost, as well as the cost of continuing the improvement over the Andrews Avenue intersection, which he had authorized the Contractor to do. With reference to the N.W. 7th Street project, the Contractor had extended the paving beyond the limit of his contract in order to eliminate bumps in the street and also a water problem, Mr. Lovelace advised, and he recom~ended that this additional cost, amounting to $827.51, also be absorbed by the City, and that property owners be asked to reimburse the City if they have been benefitted. Mr. Willard Waters, a prooerty owner on Sea Spray ~venue stated that he would accept the above recomnendation, but asked that if in the Future similar streets are imoroved without assessment ~gainst abutting property, the same consideration be given to this improvement. Myron A. Rogers, a property owner on N.W. 7th Street still protested against the paving imorovement on this street. He claimed that this street was eliminated by the City Council at a public hearing, snd the project should have been dropped. (The minutes have been checked and improvement of this street was approved.) ~ motion was then m~de by Councilman Kabler and seconded by Councilman Saunders, that recommendations of the Ciby Manager for adjustments to the assessment rolls for Sea .~pray Avenue, and ~J. W. 7th Street, be accepted, and that the over-~ll Assessment Roll covering street resurfacing projects completed, be approved as amended, and hearing closed. Upon call of roll the motion carried unanimously. The following Ordinance was then presented for first re~ding, and same was read in ikull: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVY~G THE ASSESSMENTS AS S~OWN BY THE ASSESSMenT ROLL SU~ITUED BY THE CITY Mf!~GER OF SAID CITY, CONCER¥ING THE GRADING AMD RESURFACD;G OF CERTAIN STREETS. 216 November 9th, 1953 Upon motion of Councilman Kabler, seconded by Mrs. Woehle, and unanimously carried, the foregoing ordinance was placed on first reading. The following motion was made by Mrs. ~Ioehle, Councilwoman, with reference to the improvement of City street: ~ ~HEREAS, it appears that there is considerable disagreement as to location, type ~nd cost of reoairing the streets, snd bh~t such disagreements have reached such a pass that an emergency should be declared; it is reco~?~ended that the new Planning Board immeJiabely consider this matter; and further, that bhe expense so incurred be p~id out of the General Fund. It is further requested that the said Planning Board report its findings to this body ~s soon as practicable. Councilman Kabler felt that the idea of making a thorough research in order to get facts to work on was good, providing a reasonable amount for the employment of a Consulting Engineer were set up, subject to the approval of the City M~nager. He seconded bhe motion with this amendment, which was agreeable to Mrs. ~Joehle. Upon call of roll the motion carried unanimously ~s amended. City ~nager Lovelace advised the Council that the National Airlines were planning to inaugurate helicopter service between ~est Palm Beach and Miami this season, and asked this City to provide landing space consisting of a paved circle 25' in diameter, fenced in a 200' squsre tract of land. ~hey preferred a do~mtown location, but, Mr. Lovelace stated, he felt that land south of the Golf Course would be the most suitable, because of the open ~rea where noise would not bother ~nyone, ~nd the Club House could be used for a waitin~ sbation. This would be agreeable to the Golf Committee. However, the first choice of representatives of the National Airlines is a portion of the Athletic ~ield at ~est Atlantic Avenue and ~. ~. 1st Avenue. Mr. F. C. Moor of Miami, representing snother Air Line, addressed the Council. He asked that whatever concession is ~iven to the National Air Lines, that bis Company and other Companies be allowed the same privileges. He explained that it would not be a paying business for a year or two~ but they felt it would be an asset to each Town, with very little exoense invelved. He offered his services in establishing the Field, but considered the Athletic Field the best location, as being ~ear the center of the City. Mayor Holland favored the use of a portion of the ~thletic ~ield. He believed it would be an asset to the City, ~nd should be given a fair trial. Councilman Saunders, however, felt that it wo~.ld create a hazard on the ~thletic Field, and as the Golf Course is only five minutes from the City,~ he considered that to be the best location. Mr. Moor then exp. lained that there is very little danger connected with the operstion of the Landing Field, and that it is the obligation of the Company to police the Field and operate it safely; also that any location must be "flight-tested", ~nd if found unpracticable it would have to be changed. After further discussion by the Council a motion ~as made by Councilman Kabler and seconded by Mrs. ~oehle that the two locations be offered to the National ~ir Lines for a Heliport, for their selection, and upon call of roll the motion carried unanimously. City Manager Lovelace advised bhst Atwill & Co. of Miami Beach, Bond Brokers, had offered to sell to the City two Refundin~ Bonds, Series of 1951, due 1/1/65, at 94 plus accrued interest. These particular bonds carry a 2.65 interest rate, which would be a s~ving to the City of $583.00 in interest and $120.00 in principal. He asked authorization of the Council to pbrchase the Bonds offered. Upon motion of Councilman S~unders, seconded by l~s. ~Joehle, and unanimously carried, purchase of ~he Bonds as o~tlinedabove was authorized. With reference to the offer of Mr. Tobias Simon, owner of Lots 20-24, Block 47, to sell said lots to the City for $1,850.00, Mr. Lovelace stated that Mr. Simon had paid $1,650.00 for the lots, and this was the best sale price, which includes title insurance. After discussion, a motion was made by Mrs. 'Joehle and seconded by Councilman Kabler, that the above lots be put, chased as a buffer land between the wh~.te rand colored sections, with a possibility of being used at some future time as a parking ~rea, or for a playground. Upon call of roll the motion carried unanimously. With reference to the qualifications of candidates for City Council, a letter from the City Attorney was read ss follows. 217 ~ovember 9th~ 1953 "November 2, 1953 Mr. Robert Lovelace City M~nager Delray Beach, Florida Dear ~.~r. Lovelace: Pursuant to your request I have checked the qualifications of the candidates for City Council and find all who remain as csndidates qualified in my opinion under the City Charter and Ordinances Fred D. Sellers W. Cottingham Allen Roland J. Joyal W.A. Jacobs Catherine E. Strong Glenn B. Sundy Robert J. Holland R. O. Priest Dr. W. C. Williams, Jr. Dr. J. R. Nieder Very truly yours, /S/Neil E. MacMillan City Attorney" Upon motion of Councilman Kabler, seconded by Councilman S~unders, and unanimously~ carried, bhe ~andidates were certified, their n~mes to be placed on the ballot for the ~rimary Election~to be held on November 17, 1953. The ~ollowin~ names were submitted by the City Manager to serve on the Election Board for Primary Election: Civic Center- C. C. Turner, Clerk Robert Fleming, Inspector W. E. Wilcox, " Mrs. Ellis Lamb, " Mrs. Ellen A. Larey, Inspector Mrs. Francis Heald " Mt. Olive Baptist Church - LeRoy Baine, Clerk Natalie Bush, Inspector Ozie Youngblood, " Alberta Palmer, " Upon motion of Mrs. T~oehle, seconded by Councilman Kabler, ~nd unanimously carried, appointments were made as listed. Final contract for improvements to the Water Plant ~nd distribution system is being prepared by Smith & Gillespie, Engineers, Mr. Lovelace advised, and willrun ~bout $5,000.00 over the balance in ¥~e Construction Account. Funds are available in the ~Yater Revenue account however, and he asked authorization from the Council to proceed to obtain bids for this final contract, ~nd to pay ~ny deficit from the Revenue account. Upon motion of Councilman Kabler, seconded by Mrs. ~..~oehle, and unanimously carried, the City M~na~er was instructed to proceed with the preparation of Invitation to Bid, for the work outlined above. A proposal to lease City Yacht Basin property located south of S.E. 10th Street ~nd east of the Federal Highway, ~as submitted by the City Manager, who st~bed that Gracey Brothers had a client interested in a short term lease on this property for the operation of a ship-side restaurant. City Attorney MacMillan advised that City property can only be leased after advertising a Public Hearing and receiving bids. Upon motion of Councilman Saunders, seconded by Councilm~n Kabler, and unanimously carried, Mr. Gracey was asked to h' ave his client submit an offer for leasing the property, stating his terms, which c~n be advertised and a public hearing .held to receive bids. Upon call of roll the motion carried unanimously. Attorney John Moore appeared before the Council on behalf of Mr. Emil Gerner~ operator of the former Beach Shack on S. Ocean Blvd., with reference to obtaining a license to serve beer and wine in connection with serving food. He 218 November 9th, 1953 asked that an existing license be transferred from the Boyd Building to this location, which would not increase the number of beer and wine licenses in the City. He cited an instance where the Council h~d granted such a license in order to save the investment made in the building, which was adaptable for only this t~pe of business. He also pointed out that the existing license in this block, at the Casa Las Olas Hotel, is used only for guests of the hotel, and asked the Council to reconsider the application of his client. City At borney MacMillan believed that an amendment could be made to the Liquor Ordinance, to allow the sale of beer and wine in a bona-fide restaurant, providing the main business shall be a restaurant and the sale of beer and wine shall be incidental. After further consideration a motion was made by Mrs. ~'..'Joehle, and seconded by Councilman Kabler, that the application be referred to the Planning Board for reco~endation. Upon call of roll the motion carried unanimously. Upon motion of Councilman Kabler, seconded by Councilman Saunders, and unanimously carried, the City Managerwas instructed to secure an estimate of the cost of codifying all City Ordinances, from the Municipal Code Corporation in Tallahassee, who specialize in this work. Application for permit to construct an apartment and hotel building on the e~st side of the South Federal Highway, located between 6th and 7th Streets ,' was presented by the Building Inspector, who st~ ted that all regulations of the Build- ing Code and Zonin~ Ordinance would be complied with, and upon motion of Councilman Kabler, seconded by Councilman Saunders, and unanimously carried, permit was approved. Final estimate on cract for Water Plant improvements, Howard L. Cromer contractor, in the amount of $3,727.10, was submitted for approval by the City Manager, who advised that the work had been satisfactorily completed and he recomm~ended payment.. Upon motion of Councilman Kabler, seconded by Mrs. Woehle, and unanimously carried, payment was authorized as recommended. Final estimate on contract for the construction of Wells Nos. 3, 4, and 5, Libby and Freeman, Contractors, was filed by the City Manager in the total amount of $ 4,420.90, who stated that the work h~d been satisfactorily completed and payment had been recommended by Smith & Gillespie, Engineers. Upon motion of Councilman Kabler, seconded by Councilm~n Saunders, and unanimously carried, payment was authorized as recommended. City Manager Lovelace then advised the Council that ~dditional work had been authorized on Well No. 5, not to exceed $2,800.00. The work is completed, but with some modifications, ~nd a settlement for ~ 2,300.00 has been negotiated with the Contractors. Smith & Gillespie, Engineers have approved the work and recommended payment in this amount. Upon motion of Mrs. Woehle, seconded by CounciLman Kabler, and unanimously carried, payment of $ 2,300.00 to Libby & Freeman, for additional work on Well No. 5 was authorized. Upon motion of Councilman Kabler, seconded by ~s. ~oehle, and unanimously carried, Mr. W. J. Snow's request that access to his land lying between State Road No. 9 and the Seaboard Railroad, be given to him over City owned property, was referred to the Planning Board for consideration as that Board is considering the arda as an industrial area, which is the use he would like to m~_ke of his land. Mr. Snow requested either a dedicated R/W, an easement, or a street improved on assessment basis. An invoice of the Hector Supply Co. in the amount of $690.00 for grass seed used on the Golf Course was presented by Mr. Lovelace for approval, as the bill was in excess of $500.00. Upon motion of Councilman Kabler, seconded by Mrs. Woehle, and unanimously carried, the invoice was approved for payment, with the provision that a]_l purchase s in the future be covered by requisition filed by one m~mber of the Golf Committee. Mr. Lovelace then ~resented an invoice from the Snow Const. Co. for openin~ ditches in the colored section to prevent flooding of the area, in the amoLu~t of $915.00, which he had authorized as an emergency. He asked the Council bo approve the payment of this bill, and upon motion of Councilman Kabler, seconded by Councilman ~aunders, and unanimously carried, payment was approved. A tabulation of bills totaling ~.~87,087.85 ~s filed for approval, and upoh motion of Councilman Kabler, seconded by Mrs. ~Yoehle, and unanimously carried payment was ~uthorized, subject to approval of the Finance Commi.ttee. 219 November 9th, 1953 As the former Zoning and Planning Board has been dissolved, Councilman Saunders, moved that they be written a letter of appreciation for having served faithfully for a number of years in the interest of the con~un~ity. The motion was seconded by CounciLman Kabler, ~nd carried unanimously. City Attorney MacMillan then sdvised the Council that as Ordinance No. 365, cre~ting a Zoning Board, had been adopted by a referendum vote of the people, it would have to be repealed by a referendum election. He suggested that a special election be held to vote on this issue as voters would have to be educated as to the prooosed Zoning Board of Appeals which would replace this previous Zoning Board. Councilman Kabler asked the Planning Uoard to promote the issue, to institute the necessary education on it, and set up a special election in March of 195~. It was decided to ?Geet with the Planning Board to discuss the orooosed new Ordinance to provide for a Zoning Board of Appeals, ~t an early date. the meetin~ then adjourned. City Clerk APPROVED: Mayor