03-27-67 March 27, 1967.
A regular meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the
Chair, Acting City Manager R. D. Worthing, City Attorney JohnRoss
Adams, and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy W. Merritt
and George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Frank Hamilton.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
X. Mayor Avery announced the death of City Manager Gatchel's mother
last night in Ssnford, Florida, and that City Clerk R. D. Worthing is
the Acting City Manager.
3. The minutes of the regular Council meeting of March 13th, 1967 were
unanimously approved, on motion by Mr. Croft and seconded by Mr. Jurney.
4. Acting City Manager Worthing said that in view of copies of letters
.published in news publications throughout this area for the past week,
the following letter has been submitted as of this date to the Mayor
and City Commission of the City of Lake Worth:
"Reference is made to your inquiry of March 22nd con-
cerning a letter written by our Mayor, Al. C. Avery, to Mr.
James Stafford.
Mayor Avery has indicated to the Delray Beach Council
that it was intended as a personal opinion and, in fact,, was
done without their knowledge or consent.
The Mayor wishes me to convey his sincere apologies for
any concern or embarrassment the contents of his letter may
have caused you, any member of the Lake Worth City Commission
or, for that matter, any other member of the City Council of
Delray Beach Florida."
4. The City Manager read a letter from Mr. Lee Harrison, Jr., 310
N. E. 1st Avenue, to Mayor Avery, thanking him for the prompt manner
in which some of the problems that arose in connection with the Post
Office Shopping Center had been taken care of.
4. The City Manager read the following letter from M~. William Schmalz,
President of Lyndon Arms Apartments, dated March 21, 1967:
"Attached is a copy of a registered letter I wrote Mr.
Marshall Smith, President of the Dorchester Apartments, on
November 8, 1966, with reference to the level of the land
across the street from our property, which is owned by the
Dorchester Apartments and being filled several feet above
normal ground level, thus draining water on our property
when there are heavy rains.
Shortly after my letter was written, the fill was
removed, but the past week they have begun to put the fill
back to about the five feet level.
The attached letter is self-explanatory. Is there not
a City Ordinance which prohibits draining water from a
property to the property of another person~
Had the property of the Dorchester Apartments been
filled as high as it is now being filled, we would have had
water in our apartment on one or more occasion the past
several months. I want to go on record with the City that
this condition exists, and ask if it cannot be rectified.
At the time this letter is being written, the water is
o~er the east side of Andrews, thirty inches across the street
from our apartment, on account of last night's rains.
-1- 3-27-67
The City Manager recommended that this matter be referred to the
City Manager and City Engineer for their review and report back to
Council at the next meeting. It was so moved by Mr. Talbot. The
motion was seconded byMr. Merritt and carriedunanimously.
5. Mr. Jurney referred to a hazardous condition on North Swinton
Avenue and ~rove Way caused by two hedges growing close to Swinton
Avenue and asked that the City Manager refer this item to the Traffic
Department or the proper department to have it checked.
5. Mr. Jurney reported that there are no fire plugs on Grove Way nor
at the intersection leading to Grove Way and it is thought that may
affect the Fire Insurance rates of the residents of Grove Way. He
asked that the City Manager have this item checked.
5. Mr. Merritt referred to the unsightly and unsanitary condition,
from junk and store sweepings, existing in the alley behind the Kwik
Chek store located on N. E. 2nd Avenue, and asked if something could be
done to eliminate such a condition.
Mayor Avery said it is proper that this item be referred to the
City Manager and that it be referred to .the Health Department if
indicated.
6,a. The City Manager informed Council that Mr. R~be Tyson, 202 S. W.
13th Avenue, a former City employee, due to the loss of a leg, requests
a gra~is occupational license to dispense prepared lunches from a
delivery truck, operating out of a licensed eating establishment,
namely Fashaw Lunches, located at 609 West Atlantic Avenue, and that
this application is submitted to Council in compliance withrequire-
ments set forth in Section 16-4 of the Code of Ordinances, and approval
thereof is recommended. Further, that the Palm Beach County Health
Department has approved this operation and a Vocational Rehabilitation
Occupational License No. 4620 has been issued to Mr. Tyson by the
County.
Said gratis occupational licensewas unanimously approved, on
motion by Mr. Jurney and seconded by Mr. Talbot.
6.b. Acting City ManagerWorthing read the following letter from
Municipal Judge James W. Nowlin, Jr., dated March 13, 1967=
"In April of this year I will move my residence
from the City of Delray Beach and thus, under the
city Charter, will no longer meet the residence
requirements for the office of Municipal Judge.
I therefore tender my resignation as Municipal
Judge of the City of Delray Beach effective March
31, 1967."
The City Manager
its desire for replacement of such judgeship for the unexpired term
of Judge Nowlin's appointment, namely January 1, 1968.
The City Manager was directed to schedule a workshop meeting at
the convenience of all Councilmen, at the earliest possible t/me, in
order to consider this item.
Mr. Talbot suggested that the City Manager be instructed to advise
the Judges Ad Litem to serve at the proper t/me in the event a Municipal
Judge has not been appointed by the effective date of Judge Nowlin's
resignation~
6.c. Regarding the contract with Busby & St/mpson, Inc. for Sewage
Works Projects within Areas 20, 21 and 22, Acting City Manager Worthin~
reported to Council as follows~
"Change Order NO. 5, relative to Bumby & Stimpson's contract dated
March 28, 1966, provides for reconciliation of all'differences between
t~e aS-built quantities and the bid quantities, and the final result
of all deletions and additions to the original contract is a net
under-run of $13,224.00, as set forth in Appendix A, attached to, and
in support of said Change Order No.'5.
Estimate No. 8, being the final estimate against this contract,
is in the amount of $33,563.92, it includes the outstanding retainage,
and is, by reference, a part of Change Order No. 5.
This 'Final Estimate' has been checked and verified for computa-
tions .by the Director of Finance, thoroughly reviewed and approved by
Mr. Mark Fleming, the City' Engineer. Council approval for payment'
thereof, together with acceptance of Change Order No. 5, is recon~ended.
(Copy of Change Order No. 5 is attached to the official copy of these
minutes. ) See pages 68-A-D.
Mr. Talbot moved that the recommendations as set forth by the
City Manager be accepted and the payment approved, the motion being
seconded by Mr. Croft and unanimously carried.
6.d. The City Manager reported that bids hage been received for
construction of a North Pavilion with Concrete Slab Floor, Pipe Frame-
work and Canvas Cover, with an alternate bid for an Asphalt Floor as
follows .-
COMPLETE PAVILION CONSTRUCTION WITH FRAMEWORK. & COVER
CONCRETE SLAB ASPHALT SLAB
Blair Construction Company $1,178.72 ' $1,108. O0
Trieste Construction Corp. '1,380. O0 1,270.00
PIPE FRAMEWORK .& CANVAS COVERI. NG O.nlY
Tropical Awning company ....
Hoover Canvas Products Co., Inc. $ 695.00
632.45
Acting City Manager Worthing continued: "The.City Manager and
City Engineer have determined that City forces can place the required
concrete .slab at a total cost for materials of $125.00 and labor of
$100.00 or a total of $225.00, and it is, therefore, recommended that
the bids for the complete project, slab, framework and awning be re-
jected; and that Council accept the low bid of $632.45 to furnish and
install, in accordance with the City's plans and specifications, as
provided by Mr. Fleming, the City Engineer, the framework and awning
covering, and authorize the desired concrete slab to be done with City
forces. Subject to Council acceptance of this recommendation, transfer
of funds in the amount of $785.00 from the General Fund Contingency
Account tO 910-731-605 - Eastside Pool & Beach Account - is requested
to be authorized."
Mr. Talbot pointed out that this is a replacement of a pavilion
that existed for years, and providing same would not be setting a pre-
cedent in the event there are requests for other pavilions along the
beach.
Mr. Talbot moved that the recommendations of the City Manager be
approved, the motion .being seconded by Mr. Merritt and unanimously
carried.
6.e. The City Manager informed Council that in response to having
solicited offers of purchase, through individual contacts, as well as
providing public advertisement of "Intent to Sell" the Police Depart-
ment's obsolete fiberglass boat, the following bids were received,
and that the City Manager and Chief of Police recommend the acceptance
of the high bid 'of $365.00:
Mr. Max A. Kimmel $104.00
Mr. Jess McPherson 365.00
Mr. Talbot moved that the recommendation of the City Manager and
Chief of Police be accepted, the motion being seconded by Mr. Jurney
and unanimously carried.
-3- 3-27-67
6.f. Concerning estimated cost to provide complete compliance with
Ordinance No. 4~67, Acting City Manager worthing reported to Council
as follows~
"Council requested, at its last. regular: meeting, anestimatedcost
for an over-all enforcement of thedog leash law for the remainder of
this fiscal year (6 months}.
Careful study of equipment needs to accomplish such unaertaking
reflects the following:
1. Two Animal Wardens, % year ~ $276 per month $3,312.00.
2. New Vehicle suitable for this type of work 2,500.00
3. Uniforms and eqUipment 250.00
4. Pood and supplies 100.00
5. Gas, oil and lubrication 300.00
(Estimated Cost) $6,462.00
It may be the pleasure of Cou~il to consider this matter, or
defer action thereon pending further discussion with the City Manager
and Chief of Police at an early workshop meeting.
Mr. Jurney moved that this item be tabled to be considered at a
workshop meeting, the motion being seconded by Mr. Talbot who said.he
is in favor of this but has questions concerning same. Upon call of
roll, the motion carried unanimously.
6.g. The City Manager informed Council that investigation of undesir-
able noises and obnoxious odors from an incinerator operating within
the Publix Market at the Post Office Shopping center has been concluded,
and that inspection of this function was made in collaboration with
the Palm Beach County Health Department, which submits the following
memorandum signed by Mr. C. H. Teal of the Delray Office of the County
Health Department:
"Concerning the incinerator at Publix Market, Delray.Beach, I
discussed this matter withMr. J. Cooper, Air Pollution Engineer with
Palm Beach County Health Department, on March 21, 1967. Initially the
incinerator was malfunctioning, but the impro~er design has been
corrected and the plant has been inspected as to design criteria and
operation. The incinerator has been formally accepted and approved,
meeting the standards of the Florida State Board and the Palm Beach
County Health Department. Mr. Cooper further stated that if the com-
plaints were deemed valid and~einspection be indicated, he would do
this."
Mayor Avery asked that the City Manager be directed to have his
personnel check with Mr. Lee Harrison, Jr., 310 N. E. 1st Avenue, to
see if what he was objecting to had been eliminated, and if not that
the Health Department be requested to reinspect the incinerator.
6.h. Regaraing crosswalks on Ocean Boulevard, the City Manager reported
that they are not recommended for Ocean Boulevard as there is a side-
walk on but one side of the Boulevard a~d that all intersections are
."Tee Intersections" which could cause the motoring public to overlook
such pedestrian crossing and thereby greatly endanger lives of Pedes-
trians attempting to cross; further, this recommendation is fully
concurred in by the Chief of Police0 the City Engineer and Florida
State Road Department's District Engineer, Mr. C. E. Davidson.
Mayor Avery relinqUished the gavel to Vice-Mayor Jurney and said
he feels there is a definite need for crosswalks on Ocean Boulevard and
if installing them requires s£dewalks and traffic lights, suggested that
the City Manager be directed to come back to CoUncil with a recommenda-
tion of how to solve this problem.
Mr. Talbot suggested that a study of the Crosswalks in Palm Beach,
Pompano Beach and other beach towns from Delray Beach to Fort Lauderdale,
be included in the study suggested by MayorAvery.
6.i. Concerning one-way traffic on N. E. and S. E. 1st Streets, the
City Manager reported that a tentative study has been made of possible
3-27-67
truck traffic flow relief on Atlantic Avenue by diverting same to
N. E. & S, E. 1st Streets that this presents many problems and further
study will be required in order to present any concrete recommendation.
Further, that it is suggested this matter be discussed at a workshop
meeting, and in the meantime Council may desire to refer this matter
to the Traffic & Parking Committee for their review and recommendation,
Mr. Talbot moved that the City Manager be instructed to have his
staff prepare a complete report covering such a suggestion in order to
relieve the Atlantic Avenue traffic. Mr. Talbot continued: "It cannot
be done this season, I know, but the report states there is further
study needed. I think they should be given further time to study it,
but I would like to set some sort of a time schedule on it so that it
might come up at the next workshop meeting or one that follows very
closely." The motion was seconded by Mr. Merritt and carried unanimously
6.j. Regarding the contract with the William Q.'Hays Construction
Company, the City Manager informed Council that the Adult Recreation
Complex having been completed and tenanted, it is recommended that the
retainage fee of Wm. Q. Hays Construction Company be reduced from the /
originial 10~ of the contract, to 5% thereof, and payment to the
/
Construction Company in the amount of $4,333.27 be approved. Further, /
that the balance of retainage is considered sufficient to assure the
City that corrective measures will be taken concerning certain
exceptions to existing portions of the building.
Mr. Jurney said that inasmuch as he is on the building committee
of the Adult Recreation Complex in the City Park that he'has inspected
the building and talked over the contract retainage with' the City-
Manager, but since the City Manager has been out of town that he had
gone over certain items with Mr. Hays who has given the assurance that
the amount of money.desired to be retained is mUch more than would be
required to take care of the work that needs to be done. Mr..Jurney
said he would like for the City to only retain $1,000. of the contract
plus $818.67, the amount of a proposed change order. Mr. Jurney moved
that the retainage fee on said contract be lowered to $1818. the motion
being seconded by Mr. Merritt and unanimously carried.
During discussion, Mr. Jurney pointed out that the new awnings
installed at the shuffleboard courts had been placed on the old frame-
work and that the framework should be repaired and painted. He then
moved to pay the $871.00 for the additional awnings that had been
installed, and that the City forces take care of the framework under
maintenance. The motion was seconded by Mr. Talbot.
Mayor Avery suggested that'the City Manager be directed'to survey
this situation pointed out byMr. Jurney and present his recommendation
of cost to Council. This addition was accepted by Mr. Jurney and Mr.
Talbot to the motion and second, and upon call of roll the motion
carried unanimously.
Mr. Melvin J. Robinson, partner in William Q. Hays Construction
Company, objected to the amount of retainage being held by'the City
since the City has been using the building for two months and the
Construction Company is under bond with a guarantee for one year on said
building.
6~1. Regarding a Comprehensive Plan relative to proposed Law Enforce-
ment Complex requirements, Acting City Manager Worthing said that he
regrets the preface reference to a detailed report being attached to the
agenda as it became impossible to complete the report due to the absence -
of the City Manager. Further, it is requested that no action be taken
on this item, Council being assured that the City Manager and Chief of
Police will submit a tentative report pertaining to present need and
facility requirements of a Law Enforcement Complex at the next Council
meeting.
Mr. Jurney moved that the recommendation of the City Manager be
approved the motion being seconded by Mr. Merritt and unanimously
carried.
-5- 3-27-67
?.a. The City Manager informed Council that Nor Me1 Investments, Inc.,
owners of Lots 265 through 281o.TropicPalms Subdivision, have petitioned
for reclassification of said lots frcm R-lA (Single Family Dwelling
District) to R-3 (Multiple Family Dwelling District) and that Council
may deny this Petition or refer same to the Planning/Zoning Board with
a request that a ~ublic hearing be held thereon and recom~endation,
as a result thereof,, be furnished Council. Said request was unanimously
referred to the Planning/Zoning Board, on motion by Mr. Croft and
seconded by Mr. Merritt.
7.b. The City Manager~informed Council that the Trinity Evangelical
Lutheran Church petitions for use of the Community Center gymnasium
on Sunday, April 2nd, for holding a testimonial dinner in honor of the
retirement of its Pastor, the Rev. Rudolf J. Key1. Further, being
concurred in by the Director of Recreation, it is recommended that
this be granted with the understanding that a City maintenance employee
be compensated by the petitioner for services rendered in connection
with the event.
Mr. Croft moved that the request be granted under conditions as
recommended, the motion being seconded byMr. Talbot and unanimously
carried.
7.c. Concerning a request of the Delray Beach Jaycees, Acting City
Manager reported to Council as follows.:
"The Delray Beach Jaycees are planning to hold their annual 'Gas~
O-Rama' Day on Saturday, April 8th, at the Standard 0il Station at
290 N. E. 5th Avenue. Proceeds from such activities are for Community
Development and Sponsorship of Youth Programs.
The Jaycees request permission to use a public address system
at the above address to aid in the sale of gasoline. Council attention
is called to Section 17-19 of the Code of Ordinances which prohibits
the operation or use of any mechanical device for intensification of
voice in any public area in such manner as to disturb the peace and
good order of the neighborhood.
Council may deny the request or grant same subject to the Jaycees
assurance to the City Manager and Chief of Police that amplification of
voice will be curtailed in such manner as not to create any hazard nor
disturb the peace."
Mr. Clifford Thomas, President, and Mr. Howard ~mith, Committee
Chairman, appeared in behalf of the Jaycees and explained the detail
of the Gas-O-Rama and what the proceeds from same would be used for.
The request was unanimously granted subject to assurance to the
City Manager and Chief of Police that amplification of voice be cur-
tailed in such manner as not to create any hazard or disturb the peace,
on motion by Mr. Jurney and seconded by Mr. Talbot.
7.d. Regarding a petition from Mr. Ernest Glass for Certificate of
Public Convenience andNecessity for one taxicab, the City Manager
advised Council that a Xime and place should be fixed for a public
hearing on said applica~ion and that proper notices relative to such
hearing be provided in accordance with the Code; further, that it is
recommended that such public hearing be scheduled for the next regular
meeting on April 10th.
Mr. Croft moved that said public hearing be scheduled for the
next regular meeting, the motion being seconded by Mr. Talbot and
unanimously carried.
allegedly
7~e,The City'Manager'~infor~ed Coun~il~that a tra~t of land/comprising
approximately 113,400 square feet, situated on the north side of East
Atlantic Avenue extending from the Intra~astal Waterway to the Delray
Beach National Bank, is offered the City for purchase and considered
by its owners as most suitable for City parking facilities; further,
that it is recommended that this communication be referred to the
Traffic and Parking Committee for consideration and recommendation.
It was so moved by Mr. Merritt, the motion being seconded by Mr. Jurney.
-6- 3-27-67
Mr. Talbot suggested that Mrs. Arthur Smith, Director of Planning/
Zoning and Inspection, be an Ex-officio member of. the Traffic and
Parking Committee. Mr. Merritt and Mr~ Jurney ac. cel~ted that addition
to the motion and second,p and upon call of roll, the~motion carried
unanimous ly.
8.a. The City Manager presented RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE C'ITY
OF DELRAY BEACH, .FLORIDA, AUTHORIZING THE
FLORIDA EAST COAST RAILWAY COMPANY TO CONSTRUCT
AUTOMATIC FLASHING LIGHTS AND GATE AI~MS AT A
DESIGNATED PUBLIC ROAD CROSSING.
(Copy of Resolution No. 6~67 is attached to the official copy of these
minutes.) See pages 68-E-F. ~. ·
Resolution No. 6-67 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Talbot and seconded by Mr.
Jurney.
8.b. The City Manager presented ORDINANCE NO. 5-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND.. PLACING LOTS
32, 33 and 34, BLOCK 1-3% DEL-IDA PARK SUBDIVISION,
DELRAY BEACH, FLORIDA,. IN "R-3 MULTIPLE FAMILY
DWELLING DISTRICT", AMENDING "ZONIEG MAP OF. DELRAY
BEACH, FLORIDA 1960", AND PROVIDING FOR CONDITIONAL
USE OF SAID LAND AS A DENTAL CLINIC.
{Copy of Ordinance No. 5-67 is attached .to~ the official copy of these
minutes.) See page 68-G.
There being .no objection to Ordinance No. 5-67, s&id Ordinanc~
was unanimously passed and adopted on this second and final reading,
on motion by Mr. Talbot and seconded by Mr. Croft.
8.c. The City Manager presente~ ORDINANCE NO. 6-67.
AN ORDINANCE OF. THE CiTY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA, ANNEXING TO THE CITY OF
DELRA~ BEACH CERTAIN LAND, NAMELY LOT 39, DELRAY
BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~
AND PROVIDING FOR THE ZONING T~EREOF.
Acting City Manager Worthing reminded Council of this item being
referred to the Planning/Zoning Board regarding the requested zoning
classification of R-3, and reported as follows=
"The Board has reviewed such desired classification of said Lot
39, and approves R-3 zoning thereof, as is reflected in Planning/Zoning
Board's report to Council under Item 9.b. of this agenda, wherein the
Board recommends R-3 (Low Density Multiple Family Development) of all
lots in the general area of said Lot 39, lying on the west side of A1A
and fronting thereon."
Ordinance No. 6-67 was unanimously placed on first reading, on
motion by Mr, Jurney and seconded by Mr. Croft.
8.d, Acting City Manager Worthing informed Council that ORDINANCE
NO. 10~67 is not due to be considere~d~ at this time and will be presented
to Council for second reading and public hearing at a later date.
8.e. The City Manager presented ORDINANCE NO. 11-67.
AN ORDINANCE OF THE CITY COUNCIl, OF THE CZ~ OF
D~Y B~CH, FLORI~, ~ING TO T~ Ct~ 'OF
D~Y B~ C~AIN ~, N~Y L~ 4 ~
~K 2, SIL~ T~E S~D'~ISI~, ~ICH L~
IS CO~I~UOUS TO ~IST~ ~ICIP~ L~XTS OF
SAID CITY~ ~DEFININ~ ~ BO~I~ OF
CI~ TO IN~E SAID L~ PR~IDING F~ T~
RI~ ~ OBLI~T~0NS OF SA~ L~ ~D PRO-
VIDING FOR T~ ZONING T~REOF.
Act~g City Manager Wor~ing made the following report and recom-
mendation ~
"Ina~uch as the current use, as well as intended con~inuation of
s~e, is a n~sing'or convalescent home, and as such, is a Conditional
Use of land as ~rovided for in the City's Code of Ordin~ces~ also the
petitioner for annexation e~ressing his desire for C-2 (General
Co~ercial D~strict), it is red.ended ~at ~s ordinate be table~
and referred to the Planning and ~ning Board flor revi~ and recom-
~endatio~."
It was so ~ved ~ Mr. Jurney, seconded by ~. Taler ~d unani-
mously carried.
9.a. Following a ~lic hearing held on March 21st, 1967, for consid-
eration of a request for rezoning from R-3 to C-1 of Lot 24 ~d South
41 feet of Lot 23, Block 72, the Planing Board, under date of March
22nd, re. fred as follows=
"~. T. M. O~Neal a~e~ed as the ~Z~tio~er stating the property
was saleable and at a greater value as co~ercial.
~. Roy S~n ap~ea=ed requesting that the Board take ~n~ consid-
eration the develo~ent of this area a~ ~ercial before they rezone
any ~r~ion of the Block.
After ~nsideration of all o~in~ons and revi~ of the above de-
scribed ~operty the Bo~d un~ously reco~ends that the petition be
de~ed as ~t ~uld be s~t zoning."
Following discussion, Mr. Merritt moved that the re~endation of
the Pl~ing/~n~ng Board be sustained, the motion being seconded ~
~. Taler. U~n call of roll, ~. Croft, ~. Merritt, ~. Taler ~d
Mayor Ave~ voted in favor of the mo~ion and ~. ~rney was opposed.
9.b. Acting C~ty Manager worthing info.ed Council ~at the Planing/
Zoning Board su~its de,ailed reco~endatlons conce~D~
re~lations for future developer of the Sou~ Beach Area to the City
limits on AIA, ~gether with zoning classi[ication ~ereof~ further,
2hat it is re~ende~ ~at this re~rt be acce~ted for study, and that
Council, through the C~ty Manager and Planning Director, ~. ~t Smith,
r~est ~e County Co~ss~on, the' County ~ning ~ard and 2he Area
Planning ~ard ~ revl~ ~eir ~ning ~d DeVelo~ent Plans in orde= to
facilitate a ~ified future develo~ent of the South AIA general area
in Delray Beach. ':~
(Co~ of said re~r~ and attached ma~ ~e attached to ~e official copy
of these m~utes.) See pages 68-H-I.
Following dis~ssion, and e~l~ation of the re~rt by Pla~ing
Director Art Smith, ~ Taler moved ~ aucept the re~endation of
the Planning/Zoning Board. ~e ~tion was seconded ~ ~. Croft and
carried unan~usly.
9.c. Conuerning a r~uest for relouation of a ~l-de-sac and ~andon-
ment of a small ~rt~on of ~l-Har~ur D~ve that had been referred ~
~he City Engineer and Planning Board, the City Manager re. fred that
the Engineering Depar~ent, Planing Depar~ent and the City Planning
and Zoning Board u~ously reco~end .denial of said re. est, which,
if granted, would only result in creation of hazards to safety, as well
as causing inad~a~e turn-around facilities for ~blic utility vehicles ·
serving ~e ~iate area.
-8- 3-27-67
Mr. Talbot moved to. sustain the recommendation of the Planning
Board, the motion being seconded by Mr. Croft and. unanimo~s!y carried.
9.d. Mr. Merritt read the minutes of the Traffic & Parking Committee
meeting of March 23rd,.1967, as follows:
"Present: Chairman, LeRoy W. Merritt, John Kabler, Andrew Gent,
Kenneth Ellingsworth and R. C. Croft.
There was considerable discussion conceFning a land~ sale pro-
posal made to the City on behalf of the property owner by Baner
Realty, Inc. Mr. Kabler moved that the City Clerk be directed
to write to Baner Realty, thanking them for their offer, but
advising that the purchase is not feasible at this time.~ The
motion was seconded byMr. Croft and carried.
· Following lengthy discussion of an' offer to sell certain land
to the City, made by Attorney Charles Byron, representing the
property owner, Mr. Gent moved that Mr. Byron be notified by
letter that the offer is appreciated, but that .the purchase
would not be feasible at this time. The motion was seconded
by Mr. Kabler and carried."
City Engineer Fleming then gave the following figures on costs of
proposed parking areas:
COTTINGHAM-ALLEN PROPERTY (In Block 164, Seabreeze Park)
Area Considered: 150' fronting on Atl. x 150' depth = 22,500 S.F.
Possible Parking: 80 Cars
Offering Price: $125,000 ~ $1562 per car.
Cost of Paving: 6~20__0 = 7~. " "
TOTAL $131,200 ~ $1640 " "
SHELDON PROPERTY (Lots 2 and 28, Seabreeze Park)
Area Considered:
Lot 2, 95' x 195' = 18,525 S.F.
Lot 28, 50' x 144' ~ 7f2Q0 "
Total Area 25,725
Possible Parking 92 Cars.
Offering Price: $100,000 = $1087 per car~
Cost of Paving~ . ?fl20 = 78 " "
TOTAL $107,120 = $1165
TOTAL - BOTH PROPERTIES
Area Considered - 48,225 S.F.
Possible Parkings 172 Cars.
Cost of Property: $225,000 = $1308 per Car
Cost of Paving: 13~320 = . ..~ " "
TOTAL COSTS $238,320 ~ $1386 ....
Mr. Talbot moved to accept the recommendation of the Traffic &
Parking Committee, the motion being seconded by Mr. Jurney and unani-
mously carried.
10.a. Mr. James B. Wilson informed Council that Mr. John Bordeman,
Chairman of the Delray Affair and Mr. Fred Devitt, President of the
Kiwanis Club, had written letters to City Manager Gatchel last Friday,
requesting use of the Adult Recreation Complex facilities on the 6th,
7th and 8th of April for the purpose of holding the annual Kiwanis
Art Show for Children, and asked if this had been given consideration
by Council. It was pointed out that this art show would be held in
conjunction with the Delray Affair, and Mr. Wilson said that they
desired us~ of the facilities on the 6th of April in order to prepare
the exhibit.
Mr. Jurney moved that the City Manager be given permission to
grant said request subject to the coordination of his program. The
motion was seconded by Mr. Merritt and carried unanimously.
-9-. 3-27-67
10.a. Acting City Manager Wo~'thing said that inasmuch as CoUncil
approved payment of the awning-at ~he shuffleboard courts in the
amount of $871.00 at such time as the fastenings are ~roper'ly taken
care of, asked for authorization of transfer from the General Fund
contingency Account to 910-755-424, the ~ount of $871.00 to provide
for payment of that item. It was so moved by Mr. Jurney, seconded
by Mr. Talbot and unanimously carried~
10.a. Mr. Merritt moved that the Planning/Zoning Board provide for
a public hearing concerning the rezoning of the 400 feet of beach
Property presently owned by the City on South Ocean Boulevard from
R-1AA to R-3 (Multiple Family Dwelling District). The motion was
seconded by Mr. Jurney and carried unanimously.
10.b. Acting City Manager Worthing presented Bills for Approval as
follows:
General Fund $69,800.74
Water Operating Maintenance Fund 5,494.77
Capital Improvements Construction Fund 4,000. O0
The bills were unanimously ordered paid, on motion by Mr. Croft
and seconded by Mr. Jurney.
The meeting adjourned at 9=30 P.M.
...... .... R.,. O~. WORTHING ............
city Clerk
APPROVED =
MA~OR
6.k. Regarding a status report of study concerning Atlantic Avenue
bridge regulations, the City Manager said this report being so de-
tailed and of great length, suggested Council review its contents,
and for further clarification of themmany ~.~f~c~ohve~,t~eem~w~th
the City Manager and City Engineer at such time as it may be convenient
for Council.
Mr, Talbot moved that this item be tabled for review at a work-
shop meeting, t~e motion being seconded by Mr.. Merritt and unanimously
ca~ied.
-10- 3-2"~,,67
CITY OF DELRAY BEACH
PA~FBEACH..COUNTY,.FLORIDA
.... PROJECT'NO:*596~8b: '"
CHANGE'OROER"NO~ 5
This agreement enteredtnto this ay of' :'
19'~7,'~'.byland between the'ClTYi. OF DELRAY 8EACH, P~LM'.BEACH'COUNTY,'. FLORIDA,
as party:of the FIRST part, and BUMBY &.STIMPSON, INC: as partyof'the'SECOND
part. the same being a change or supplement to a certain contract by'and between
the parties aforesaid, dated March'28, !'966 fortheConstruction"of'a SeWerage
Works Project'in Areas 20..21: and 22:'0f the'CITY~OF'DELRAY.BEACH, PALM"BEACH
COUNTY,. FLORIDA.
/
WITNESSETH:
I. WHEREAS,'the.party'of the FIRST part desires to amend the'Contract
to recOncilethe'final quantities asconstructed With the'.quantitles
as originally'bid,
- and - '
WHEREAS, final conStructed'quantities are set forth'in. Final Estimate
WHEREAS, a discussion of the differenCes'whiCh'exist'between'the bid,
quantities and the'ConStructed'quantities is attached'as Appendix "A,
to this change'order;
- and -
WHEREAS, Final Estimate No:8 and Appendix "A" am, by'DeferenCe,
made an integral part of'this change.order;
- and -
WHEREAS, this change order; when signed by'.all parties theretO,
constitutes final acceptance'by the CITYiOF'DELRAY'BEACH Of all' ~
work Carried'out under'this Contract. '
II. 'THEREFORE, the party of the'SECOND part agrees that this final recon-
ciliation change Order supersedes any and all previous correspondence
or verbal agreements regarding deletions or additions to the scope Of
the'Work Carried'out under this Contract'dated March'28, lg66 for the
construction of a Sewerage'Works Project located in Areas 20, 21 and
of the CITY OF'DELRAY BEACH, PALM'BEACH COUNTY;iFLORIDA, and the party
of the SECOND part further agrees that all quantities'and prices shown
on the attached Final Estimate are Correct, and that the amount of
Thirty-three thousand', Five hundred sixty-three dollars and Ninety-two
cents ($33,563.92) constitutes final payment, including cetainage,
for.all materials furnished, and work performed under'thiS Contract,
all'.inaccOrdance With the rems of the Original Contract.
III~' It is further agreed and understood that this change'order'shall not
alter in any manner'the'~aintenance, and perfomance guaranties'of
the'original Contract'dated'March"28.,~lg66and the'.same Shall'stand in
full force'and effect'in all respects;
Reconamnded for Approval:
RUSSELL'&AXON, CONSULTING ..... '
ENGINEERS, INCORPORATED BUMB¥ &.STIMPSON, INC:
Accepted ~ m
CITYi, OF DELRAY BEACH
PALM'BEACH'COUNTY
Approved as to fo~m: DELRAYBEACH;"FLOR)DA
/ City' Attorney
Attest:
CITY,OF DELRAY. BEACH
~ALM'BEACH.'.COUN~Y.,i. FLOR~DA
'SEWERAGE WORKS PROJECT
~roject*No..'.5964'-8.b
"A~eaS'20~ 21.'and~22
APPENDIX*"A,'TO~CHANGE ORDER!NO;5
1. The purpose'of this Appendix is.to exp~atn the'~easons forall Significant
variations in quantities and payments.betWeen'thoSe*carried on the Original
Contract, and the:actual constructed quantities;-as Set'forth in the Final
Estimate.
~.~ Variattonsof $1-,O00. Or less are Considered'to beWell within normal ex-
pectations for underground work of this cha~acterand magnitude,'sothis
discussion, will be confined'to thoseitems where the'variation'exceedS
thiS amount;
3.' Esttmate"Item-2 covers stage ex'cavation:and backfill for 15" pipe in' 8'. to
10' cut.. Thts 1tee under'ranST,'O60.,'due to thefact'that there was a
differenCe in the"actual groundelevatton, where the pipe was laid, from
that shown on theortgtnal plan proftle;~'Th~s fact deepened the.cut to '10':
to.'12".
4.:"Item3 Covers stage excavation and backfill for.15" pipe in lO" to.12'~cut.
This item over-ran $1'.~254~ for the Same reason that Item 2 under-ran.
5. Item'26'..covers limerock'.pavement base replacement. 'This item under'ran
'$1'~743'~ due to the fact that h~use SerVice:crosSing. paved'areas were fewer
than anticipatedL
6.-"Item:41 covers 6" house'serVice connectionS. This item'under'ran $1'~056.
due to the fact'that on some vacant lots we placed'houSe services on property
ltnes,'so that they could serve two p~operties~
.7.:'"Item:56.covers s~age excavation and backfill for"8" pipe in 10' to.'12' cut.
This ttemover:ran $1'~'701'] due to the'fact that the ltne Could be raised
slightly to reduce thecost; See Item '57 ~or compensating under-ran.
8.."Item'57 covers stage excavation and backfill for 8" pipe in 12'~ to 14' cut.
This item'under,ran $2',275'. for the same reason that Item'56 over-ran.
g. Change Order'No~'2 Under,ran a total of'$5'~670. ·This under'run stemmed
primarily from the'fact'that we did not'have a separate'.Change-order for
asphalt pavt.ng, and we set up sbme money to apply towards this item when
accomplished'~ Also, it should be'h~d that in Appendix "B" to Change Order
No.'2,'we originally'called fora 24'n..sleeve Under ther'F:'E;C; Railroad
tracks. We actually placed an 18":sleeve. This sleeve is sized'to carry
a 1Z":force main, or even a 16" steel force'main, in any future expansion
of the sewer system. Actually it is now carrying only a 6" force main.
For this item'we:the~e~e'jedU~Jd'~e'i'?~om the Final
Estimatei'
!O'i 'The final result'of'~all over-runs and undercruns on the'Original Contract,
and all'change orders, was a net'UNDER-RUN of $13,224.00.
This is considered tobe a very.clOse'ft.gure for a job:Of this Size' and
complexity.
ll. 'This appendix, consisting of'two pagesj is agreed to by the ContraCtor,..
and the Consulting Engineers.
RUSSELL & AXON, CONSULTING .
ENGINEERS, INCORPORATED BUMBY.& STIMPSON, INC.
(Y
68-E
RESOLUTION NO. 6-67.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING'THE FLORIDA EAST COAST
RAILWAY COMPANY TO CONSTRUCT AUTO~
MATIC FLASHING LIGHTS AND GATE ARMS
AT A DESIGNATED PUBLIC ROAD CROSSING.
W~REAS, the Florida East Coast Railway Company and the City
of Delray Beach, Florida, entered into an agreement on the 6th day
of December, 1957, wherein the Railway Company granted the City an
easement for a public road crossing, at a location described as
follows:
A rectangular shaped parcel of land 60 feet in width
northerly and s~utherly extending easterly and west-
erIy across the right-of-way and over the tracks of
the Railway, with longitudinal center line inter-
secting the center line of the Railway's northbound
main track at a point located 1670 feet southerly
from the Railway's Mile Post No. 319 from Jacksonville,
Florida, said right-of-way of the Railway having a
total width of 100 feet at this location, being 50
feet in width on each side of the center line of the
Railway's said northbound main track, lying within
Section 29, Township 46 South, Range 43 East, for
Linde11 Boulevard Crossing, as shown on print of the
Railway's plan Corr. File 317-91, dated September 25,
1957, attached hereto and made a part hereof.
W~REAS said Agreement provided that the City would pay for the
cost of installing automatic flashing lights and gate arms at such
location; and
WHEREAS, the Railway Company has recently insisted that the City
furnish a Resolution authorizing the aforesaid installation at a cost
of $23,500, payable in the 1967-68 and 1968-69 budget years in two
equal installments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That the Florida East Coast Railway Company is hereby au-
thorized to forthwith construct automatic flashing lights and gate
arms at the location described above for a total cost of $23,500
which will be paid by the city to the Railway Company in two eqUal
budgetinstallments'year 1968-69.°ne in the budget year 1967-68 and the other in the
2. That the Mayor, with the attestation of the City Clerk be
and they are hereby authorized to execute any Agreement for and on
behalf of said City of Delray Beach to accomplish the purposes here-
in set forth.
3. That this Resolution shall take effect im~ediately upon its
passage.
PASSED AND ADOPTED thia 27th day of March, 1967.
/S/ Al. C. Avery
MAYOR
ATTEST:
/S/a. D. W_~rthi~g City Clerk
68-G
TO. THE CITY COUNCIL
FROM THE PLANNING AND ZONING BOARD
SUBJECT: SOUT~ BEACH DEVELOPMENT PLAN
Gentlemen:
In view of the continuing complications and confusion involved in
the annexation, zoning and development of the South Beach Area in
the City of DelraY teach, the Planning and Zoning Board has reviewed
it's development plan for this area.
This review involved consideration of. existing Land Use, Age and
Condition of Structure~ present City and County Zoning as well as
past City and County proposed Land Use plans.
After the above sur~ey the Board wishes to forward the following
recommendations. ,(See attached map. )
1. The ocean front property presently developed as .Single
Family from Just south of Casuarina southerly to the Horizon
Apartments be preserved for this use.
2. The property south of this point should be developed as a
.Low Density Multiple Family Residential area.
3. Those larger lots west of A 1 A and facing this highway
should be developed as Low Density Multi-family Residential.
4. The remaining property west to the Intracoastal Waterway
presently subdivided and partially developed for Single Family
Residence should remain in this classification.
5. The unplotted property south of Del Harb~z Subdivision
southerly to the City Limits should be Low Density Multi-
family Residential.
The Board further recommends that the City Council request the County
Commission, the .County Zoning Board and the Area Planning Board
review their Zoning and Development plans in order to facilitate a
unified future development of: this area.
Respectfully submitted
Direct. or Planning, Zoning
and '~nspection
AWS :kc
March 29-nd~ 1967