03-11-74SpMtg APRIL 11L 1974
A Specie! Meeting of the city Council of the city of Delray
Beach, Florida, was held in the Council Chambers at 5:15 P.M.,
Thursday, April !!, 1974, with M~yor James H. Scheifley presiding and
City Manager J. Eldon MarJ. ott, City Attorney G. Robert Fellows, Council
members Grace S. Krivos, David E. Randolph, J. L. Saunders and Leon M.
Weekes ore.sent.
Mayor Scheifley called the meeting to order. Ail Present
stood, recite(] the Lord's Prayer and gave the Pledge of Allegiance to
the Flag of the United States.
Mayor Scheifley announced the purpose of the meeting was to
consider a conditional use to allow a Community Child Care Center and
for ~ny other business that may come before the Council.
City Attorney G. Robert Fellows reported it had been brought
to his attention that the Conditional Use section of the Zoning Ordi-
nance states "upon the receipt of such recom~.endation, the City Council
shall review the application and recommendation at the next regular
Council meeting following the Planning Board hearing". He stated the
next regular meeting of Counci'l is April 22, 1974, and the matter of
the Community Child Care Center should not be heard at this time, but
should be deferred until April 22nd. Mrs. Krivos moved to table the
project until the next regular Council meeting on Monday, April 22,
1974, seconded by Mr. Weekes, said motion passing unanimously.
Mayor Scheifley apologized to the members of .the audience who
were interested in the Child Care Center. He stated this development
had occurred early this afternoon, but Council must abide by the rulings
of the City Ordinances.
City Manager Mariott stated the City-County purchase of property
on the beach should be discussed. The City Attorney stated he had
prepared Resolution No. 25-74 which would supersede Resolution No.
16-74, the original resolution regarding this purchase. City Attorney
Fellows explained he has had communication with the County Attorney
and it has been agreed that the City of Delray Beach will be responsible
for paying the County, on demand, one-half of the price of the G'~Tnn-
Kucera property (approximately $273,000) and the City will make demand
on the County for one-half of the purchase price of the Lohrman property
(approximately $71,050). The County is to take title to the Gmrfnn-
Kucera property and the city shall take title to the Lohrman property
and all other property purchased pursuant to County Resolution No.
R-73-785. city Attorney Fellows further explained the original agree-
ment with the County was for the County to purchase the G~fnn-Kucera
property for $546,000 and the City would purchase similar property in
the amount of $450,000. Under the present agreement, the County CoaT. is-
sion has reserved the differential between .the total amount to be ex-
pended by the County for their share of the Gwynn-Kucera property and
their original agreement which amounts to $202,000 towards the future
purchase of beach property zn Delray Beach. The City, in turn, will
have a balance of $106,000 to purchase beach property should same
become avuilable. Mrs. Krivo? objected to the County t~king title to
the G'~Tfnn-Kucera property since she felt it would be giving away the
taxpayers' money. She stated it would be fairer for the City 'to take
title to the Gw%'nn-Kucera property and the County to take title to the
Lohrman property.
294
Miss We!].a Farr].rw3-ton, representing the County Attorney's
office, answered Guesl~ions .... Dosed by Council. She stated the County
obligated to the contract and is named as title taker' in the purchase
of the G,~'nn-.~qucera property. Mrs. Krivos stated she felt the proper~sy
should be in joint title with the County and the City. Miss Farrington
stated stated the County Commission would have to make such a decision
and 'the deadline for. .co~ptetion of the contract is April !5th. Consid-
erable discussion evolved concerning the funds and the title to.the
properties under consideration. Miss Farrington stated the County
Commissioners have passed a resolution reserving the funds mentioned
above. Mayor Scheifl. ey pointed out that many businesses operate on a
99 year lease which would be the situation in this instance with the
title for the Gwo~nn-Kucera property in the County's name and a lease
granted to the city of Delray Beach for 99 years. Mayor Scheifley and
the City Manager both pointed out that consistency should be maintained
in this project to avoid any adverse reaction. The City Manager voiced
his approval of the proposed action in regard to the County's partici-
pation in the project. (Copy of Res~'25-74 is attached to the official copy
of these minutes).
Mr. Joseph christiansen, 1001 Brooks Lane; Mr. David Ekvall,
1004 Island Drive; Mr. Tom Ingersoll, Arvilla Hotel; and Mr. Robert
Grauch, 555 S.E. 6th Avenue, all of-Delray Beach, spoke from the floor
against aspects of the proposed purchase.
Mr. Saunders moved for the passage of Resolution No. 25-74,
seconded by Mr. Weekes. Upon roll call, Council voted as follows:
Mrs. Krivos - No; Mr. Randolp~h - Yes; Mr. Saunders - Yes; Mr. Weekes -
Yes; Mayor Scheifley - Yes.
Mr. Leon M. Weekes left the meeting at 6:07. P.M. to attend the
mee~-~.ng of ~.b.~ Gold Coa~; ~.~a~e in Fort Lauderda!e
The City Manager stated a request has been received from the
Delray Beach American Little League to solicit funds on Saturday, April
13, 1974. The Solicitations Committee has recommended approval, all
City requirements having been met. Mr. Saunders so moved, seconded by
Mr. Randolph, said motion passing unanimously.
City Manager Mariott reported that' sometime ago Council approved
utilizing a 1,000 foot strip of the beach adjacent to the revetment
to experiment with methods for impeding or stopping the blowing of sand.
In the meantime, a plan has been developed by Mr. Turner, the landscape
architect, in consultation with Dr. Manley Boss, Professor at Florida
Atlantic University, to landscape the entire public beach with the in-
tent' of stopping the sand from blowing, plus beautifying the beach.
The City Manager stated the newly proposed plan appears to be more
feasible and satisfactory than the originally proposed 1,000 foot ex-
perimental section. Mr. Turner presented verbally the new plan for
landscaping the entire beach, utilizing sod, Hawaiian seagrapes, tropic
palms and Silver Buttonwood trees. These three trees are the most salt
resistant and adaptable to the area. In response to questions from
Council, Mr. Turner described
~ plan as having' 10 .feet of sod from
the asphalt to the east, then 'between 10 tO 17 feet of vegetation con-
sisting of Hawaiian seagrapes planted about 3 feet apart with palms and
Buttonwood trees interspersed, and entranceways ever~ two hundred feet.
Mr. Strock spoke stating he agreed with the plan and saw nothing that
would be detrimental to either the erosion prevention of the beach or
the aesthetic effect. Dr. Boss also spoke stating the only effect of
the proposed plan would be to the advantage of the attempted halting
of the blowing sand and the beautification of the beach area. It was
-2-
Sp. Mtg. 4-11-74
E95
ascertained that a maximum sand screen could be obtained without
blocking the v~_ew of
' ~= beach. Considerable discussion concerning
the plan itself resulted in a request for Council to be allowed to
consider the plan at a workshop meeting. The total money involved
would be ~pproximately $200,000 and would be taken from the Beach Bond
Fund. Mr. Turner stated he would present an artist's conception of
the proposed plan at the workshop meeting. The City Manager stated
the City would be responsible for sprinkler systems, sodding, sidewalks,
etc. The City Manager summarized several aspects of the project and
requested that all members of Council study the plans of the landscape
architect. It was also suggested the Beautification Committee and the
Chamber of Commerce be asked for their suggqstions after studying the
plans, the results of %Znich would be returned to Council prior to a
workshop meeting to be scheduled.
~e meeting was adjourned at 6:55 P.M.
City Clerk
APPROVED:
Sp. Mtg. 4.-1].-74
295A
· ~ ,_,~,.~_u., NO, 25-74.
A RESOLU*IOU np =~;; C ..~ COUXCIL OF TIlE CiTY OF
DEL[L/Y BEA. CH, ~'~E.;~.DA, ~'~.,.~.~ ~h~, CiTY ~O
PURCHASE LA:~D ON TIIE EEACiI IN ACCOP, DA>~CE WITH ·
THE TERMS OF THIS F~SOLUTION ~D SUPERSEDING
~SOLUTION NO. 16-74.
WHE~AS, the Palm Beach County Coz~issicn. passed and adopted
Resolution No. R-73-7.~5 on December 11, 1973, committing the County to
purchase certain land on State Highway AIA to be used for parking and
beach support purposes from Joseph W. and Ann P. Gwynn and Frank E.
and Jane tt. Kucera contingent upon the ~' -
~zt~. of Delray Beach purchasing
land costing not less than $450,000 to be used for beach support and
parking facilities; and
WHE~AS, the City of Delray Beach is appreciative of the action
taken by the County Commission in its passage of Resolution No. R-73-
785; and
WHEP~AS, the City of Delray Beach has had under consideration
for purchase for a considerable period of time several parcels of
land on the beach in ccnnec%ion.with the C~ty's commitment to the
County Com~ission and pursuant to provisions of County Resolution No.
R-73-78[.; and
WHE~AS, only one suitable parcel of land is available at this
time,
NOW, THE~FOP~, BE IT ~SOLVED BY THE CITY CO~CIL OF THE
CITY OF DEL~Y BEACH, FLORIDA:
SECTION !. a. That the City Council of the City of Delray
Beach does, by passage of this Resolution, commit the City to paying
half of the purchase price of the Gwynn-Kucera property referred to
in this Resolution and half of the purchase price of the Lohrman
property located at the northwest corner of State Highway AIA and
~..z .... ~ .... nro~a~a eh~ ~~ ~=~,= ~ r~=4~ ~ the ~-
chase price of these two properties.
b. The City Manager is hereby authorized to pay
the County, on demand, one-half of the price of the Gwynn-Kucera
property (estimated to be $273,000) and make demand on the County
for one-half of the purchase price of the Lohrman property (esti-
mated to be $71,050).
SECTION 2. That the County shall t~ke title to the Gwynn-
Kucera'property and the City shall take title to the Lohrman property
and all other property purchased pursuant to County Resolution No.
R-73-785.
SECTION 3. That the City Council understands that the CountY
Con~ission has reserved the differential between the total amount to
be ex~ended by the County for the purchase of the Gwynn-Kucera property
and the Lohrman property and the $546,000 previously committed by the
County for the purchase of the Gwynn-Kucera property to be used in con-
junction %vith City funds for purchase of other land provided such is
agreed upon in the future by both the City and the County Co~ission.
SECTION 4. This resolution supersedes Resolution No. 16-74
passed and adopted on March 25, 1974.
· ' PASSED ~ND ADOPTED by the City of D~lray Beach, State of
Florida, in special session on this llth day of April, 1974.
ATTE ST: ·
; --~ty Clerk ,~