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04-12-65 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 John Ross Adams, and Councilmen j. LeRoy Croft, James H. Jurney, Jack L. Saunders and George Talbot, Jr., being present. 1. An opening prayer was delivered by the Rev. J, R. Evans. 1.a. The Pledge of Allegiance to the Flag of the United States of America was given. 2. The minutes of the regular meeting of March 22nd, 1965, were unan- imously approved on motion by Mr. Saunders and seconded by Mr. Talbot. 3. Col. Altman, Civil Defense Director for Palm Beach County, present- ed to the ~ity of Delray Beach a Federal Government check in the amount of $25,917.80, covering City cost involved in clearing away the damage caused by Hurricane Cleo. Col. Altman commended the City on their very fine records, that they were the best his auditors had found in the County. C01. Altman presented said check to the newly appointed Civil Defense Director, Mr. Ralph A. Hughson, and asked that the proper City official sign a receipt for same. Mayor Avery Commended former City Manager Robert j. Holland, also Finance Director ~ber and City Clerk Worthing for the good City records kept. 3. Mr. Frank F. Ellis, 553 Jaeger Drive' Tropic Palms Subdivision, asked what further action had been taken concerning road improvements in Tropic ~alms Subdivision. City Manager worthing informed the Council that same was being in- vestigated following Council referring it to the City Attorney to see if it is possible to obtain full or part assistance from Mr. Henry J. Mellon, but that has not been concluded at this time .Mayor Avery asked that the City Manager inform the Council and Mr. Ellis as soon as the proper information has been received. 3. Mr. Bob Perkins, President of the Delray Beach Jaycees, informed the Council that they have a problem concerning large water bills that they find difficult to .Day, and asked if the Council could give them some relief. ~. Mayor Avery said the Council had set a good precedent of giving water at inside City rates to the schools outsi~e thecity limits, and since the Junior Chamber of Commerce is a non-profit organization .and are community benefactors, he believes they are entitled to some consideration. - During discussion, Finance Director Weber informed the Couacil that if they do gran~ said 9rganization the PriYelege of 9ayingonly inside City rates for their water,' said action could be retroactive to October 1, 1964. '~ ~ ' -.. Mr. Jurney moved that this item be tabled for further discussion and presented at the next.CoUncil meeting, the motion being seconded by Mr. Talbot. Upon call of roll, Mr. Croft, Mr. Jurney and Mr, Talbot voted in favor of the motion, and Mr. Saunders and Mayor Avery were opposed. The motion carried. Mayor Auery asked the City Manager to place this item on the 'agenda of the next meeting. ' 3. Mr. Dave Tyson announced that on April 27tho 1965, Delray Beach .would have an opportunity to have one Of their Blood Bank Drives, at the Community Center adjacent to the City Hall, from i0:00 A.M. until 6:00 P.M. Mr. Tyson reported that this is the third blood bank drive during the past 14 months, that the blood drive is needed and that he hoped for a good turnout. Mr. Tyson said they had.never turned down 4-12-65 * anyone in this entire area for blood. Mayor Avery asked that the City Manager provide at the next regular Council meeting, to be held on'April 26° for an announcement to be made concerning said Blood Bank Drive on April 2?th. 3. Mayor Avery announced that a class from Carver High School had just come into the Council Chambers for the purpose of observing the City government at work. Mayor Avery welcomed this class and said he hoped that other schools would bring their classes to observe this procedure, which he feels is the grass roots of our republic. 4. A roll Call showed the following Civic Organizations and repre- sentatives to be in attendance: ~ Delray Beach Board of Realtors Mr. Andrew Gent Breezy Ridge Estates Mr. John Sword Business & Professional Women's Club Mrs. Clarence Bingham Junior Chamber of Commerce Mr. Sob Perkins League of Women Voters Mrs. Phyllis Plume V. F. W, Mr, Clarence Bingham Gold Coast Colt Baseball League Mr. John W. Wilmer Beach Taxpayers League and Zonta Club Mrs. Dorothea Montgomery Lions Club and Blood Bank Mr. Dave Tyson 5. City Manager Worthing read the following letter from Mr. J. william Schmalz, 200 Andrews Avenue, dated March 29th: "One of the principal ~easons Mrs. Schmalz and I ~ecided to buy property and retire i~ Delray Beach was the fine beach which we have. We live here throughout the year. Last summer we could not use thebeach on weekends because of the number of people, many of whom were undesirable, who came here from other cities, particularly Fort Lauderdale. This winter 'the cabanas have taken up all the available space and it is not a pleasure to go to the beach. A short time ago Mrs. Schmalz went to the beach, at the foot of Thomas, with a friend who was a prospective buyer of property in Delray Beach. The only available space to sit and sun, was between two cabanas, which were not occupied at the time and then the beach boy made it uncomfortable for them. North from the pavil~d~ there are three rows of cabanas as long as the width of the beach will permit. Then there are fewer rows as the.beach narrows at about Thomas Street. The situation is not quite so bad as it is at the height of the season, but take a look now. Should the .people who live, pay taxes and vote in Delray Beach not have some consideration? Perhaps you could alternate the space, say give the cabanas every other 100 feet and the bathers the space in between." Mr, Schmalz informed the Council that since the season is practical- ly over, there is only one row of cabanas at the beach, but they have been moved down to the edge where the tide comes in~ and if anyone wants to be on the beach they have to sit behind the 'cabanas. Mr. Saunders moved that this be'referred to the City Manager for his recommendation, the motion being seconded by Mr. Talbot, who stated that it is indicated the beach should be made available for the use of the taxpayers'of Delray Beach and their guests. Upon call of roll, the motion carried unanimously. 5. City Manager Worthing announced that there hsd been several recent complaints concerning the noise of Florida East Coast trains, particu- larly at night, and the following communication had been forwarded to the Florida East Coast ~ailway Company on April 8th: -2- 4-12-65 105 "For the past fifteen years or more the City of Delray Beach has enjoyed most favorable and appreciated, co-operation from your office in the curtailment o~ causes resulting in undesir- able nuisance effects from F.E.C.,RR~s. rail traffic.through the City, as well as the Company having provided many needed Crossing Gates and Signals. In view of a great many complaints having recently been re- ceived at City Hall from residents throughout the City of the excessive speed of the heavily laden freight trains and seeming- ly needless constant tooting of the engine whistles, we again urgently request your aid in minimizing the causes for such complaints. This is in no manner a criticism of any particular train crew, however, it would be greatly appreciated if this office would be advised of steps having been taken to lessen the speed and curtail the whistle blowing of such trains while passing through the City, particularly those entering and leaving the City be- tween the hours of 6=00 o'clock A,M, and 6~00 o'clock A.M." Mayor Avery informed the Council that he had asked the City Manager to write said letter, and that would indicate to the general public that the City is interested in the matter. 5. citY~'~b~anager Worthing read the f0~loWi~g letter from' M~.'Leonard JoneS, ~cting Coord~nat°r of Diversified'~Ooperag~ve Training. of carver High School, dated March 18th: "~The Diversified Cooperative Training class, the Carver High~ School faculty and student body, the-edministration and Principal Hol!iday wish to take this opportunity to express our gratitude to you ~nd the other City officials that~were resPOnsible for .making our DCT ConventiOn a great.success. Please give our specie! thanks to'Mr. Cartee at the. city nursery. Through~his cooperation we were able to beautify our auditorium with the ~ecessary flowers. ~ also send' our' special thanks to Mr. ~oodard and to city Manager Holland for their assistance and cooperation.. The convention had its climax .With dancing, entertaining and freshments at'the Cather£ne E. Strong Community Center. The convention, as expressed by many of our guests, was the best 'they had attended. I informed them that you and your stafg were' responsible for making the day a success. This one action is worth more than a million words. Thanks again for your splendid cooperation. ,, 5 Mayor Avery read a Proclamation'declaring the week of April 19th as'Life Insurance Education Week, and presented same to.Mr.- Dave Tyso~ 5.a.~ Mr. Saunders reported that several weeks a~o, he had been asked to meet'w~th Mr. ~orthling Mr. weber and the Financial Advisory Board to look o~er some proposals concerning appointment of a Fiscal Agent for the C~ty of De!ray Beach. Mr, saunders then read the following letter from Mr. Nathan Sharp, Chairman of the Financia! Advisory Board, dated April 9th= "The Finance Advisory. Committee has reviewed the proPOsals as submitted by the various firms to act as fiscal agents for the City of~Delra~y.Beach. After careful considerati6n we recommend B. J. Van Ingen & Co. and Goodbody &_ Co. to aqt in this capacity? 106 "These firms haVe served the City very well in the past fourteen (14) years. Their advice has always been of the finest; furthermore they have never suggested the City negotiate at private sale,'the sale of any securities to Mr. Saunders informed the Council that he, Mr. Worthing and Mr. Weber had met with said Board several times and were in agreement with the recommendation contained in the letter from Mr. Sharp. Mr. Saunders then moved that said recommendations be accepted, the motion being seconded by Mr. Jurney. City Attorney Adams asked if an actual propose1 had been submitted and if it was ex~.ected that the Council would accept an actual pro- posal tonight. Mr. Saunders answered. "We are just recommending that they be the Fiscal Agents and they will forward us a proposal." Upon call of roll, the motion carried unanimously. Mr. Talbot moved that the City Manager be instructed to ask the Consulting Engineers to prepare a complete report on the areas and use of said money concerning sewer installation, as he felt the public had not been completely informed as to the overall plan and the areas that are planned to be sewered. The motion was seconded by Mr. Jurney and carried unanimously. Mr. Talbotasked if this report could be prepared for presentation at the next meeting, and Mayor Avery said it would be requested to be prepared as soon as possible. 5.a. Mayor Avery, member of the Board of Directors of Palm Beach ~i~%y World's Fair Committee, said he had just received a note from Mr. Ed Wallnau and read same, as follows: "As Vice President of Hotel Picadill, New York City, I want to extend to the Mayor and members of the City Council to be my guests in New York during the World's Fair." Mayor Avery thanked Mr. Wallnau~for the invitation. 5.a. Mayor Avery referred to an item brought to Council attention last Friday night concerning a lift station on Seagate Drive, and informed the Council that he had looked at said lift station and it is a horrible looking thing. Mayor Avery said it was a dome type struc- ture and could be lowered to ground level for a cost not to exceed $1,000.00. Further, that Mr. Carl Howard, Sewer Superintendent, had assured Mayor Avery that with his present crew and a little outside help such as electricians, 'he could bring said structure down to ground level for that cost. Mayor Avery said that since there was sufficient money in the Water and Sewer Contingency Account, he would entertain a motion that the City Manager be directed to look into this and authorize a sum, not to exceed $1,000.00, to lower said lift station, so that work could proceed'at thequickest possible time. Following discussion, Mr. Talbot moved that the City Manager be authorized to survey all of the lift stations that present an un- sightly appearance above ground, and that a detailed estimate be fur- nished the Council as to the number and the cost for completing the work on all of them. The motion was seconded by Mr. Saunders and carried unanimously. 5.&. Mayor Avery asked the City Manager to'read the following letter from the League of Women Voters of South Palm Beach County, signed by Mrs. Clarence A. PlUme, First Vice-President, dated March 27th: "The League of Women Voters of South Palm Beach County ~as just completed a two-year study of Planning and Zoning in Boynton Beach, Delray Beach, and Boca Raton. We .would like to offer our sincere thanks for the excellent cooperation and courtesy extended to our members during this time by -4- 4-12-65 107, "the members of the Council, the head~ of departments, and city employees. This cooperation made possible a successful conclusion to our study. .. The following positions applicable to Delray Beach have been accepted by our members. We respectfully present them to you for your consideration. We will support all measures which would work toward: · 1. Good ~lanning. A. Up-date the comprehensive master plan and employ a full-time.professional director of planning. B. Strictly.observe all zoning codes. C. Up-grade all sub-stan~ar~ areas, rezoning where necessary. 2. Adequate public facilities to provide a well- balanced recreation program for all age groups. A. Pla=e the entire city recreation progra~ under.one professional director with full " ' B. AssUre full use of facilities, by establish- ing a representative citizens recreation -~ 'committee. ~.. C. Consider the need for a civic auditoriUm: a building of adequate size for small conventions, regional meet'ings, and cul- tural programs, designed as a multi-purpose building for %he use of all age groups. 3. Adequate public fa~£1ities for law e~f0rcement~ A. Study the crime problems in the city and initiate PreventiVe programs, thus obviating the need for disproportionately ~xpanded facilities i~ the future. B. Initiate steps leading toward the establish- ment of anAlCoholic Rehabilitation Center in the area. We should like to commend the Mayor and Members Of the City Council ~or the recent action in engaging-Mr.-George Simon to up-date the master plan, and-in taking steps~toward employing a recreation director. We also commend you for projected im- provements to the water system." Mayor Avery said there were some suggestions and details that needed further explanation by said League, and suggested that the League of Women Voters-be aske~ if they Would meet with the Council in a worksho9 meeting sometime after May first. Mr. Saunders moved that the City Manager arrange for a meeting of the City Council and the League of Women Voters after May first, the motion being seconded by Mr. Talbot. Mr. Talbot suggested that an agenda be prepared for that meeting an~asked who would prepare same. Mayor Avery suggested that the City Manager, in asking for said meet- ing, ask that the. L~ague assist in preparing an agenda for the meeting. Upon call of roll, the. motion carried unanimously. -5- 4-12~65 5.a. Mayor Avery said he had been approached by some of the citizens in the northwest section-of to~n concerning the property between N. 12th and 13th streets and 4th Avenue, being the area widenea at their request to eliminate a hazard to public safetY, and continued as follows= "Now I have been approached by them, because you know it has beendone~temporarily; and they say that the thing is going to pieces if we don't maintain it.~ I. think we are going to have to give the City Manager some guidance as to whether we want to maintain it, whether we want to abandon it, whether .we want to return the property to the man who donated it, or what we want to do. I would ask that that be put on the agenda for the next meeting with full research by the Acting City Manager with recommendations as to what we do in this matter." sideration for appointment of a capital Improve- 6.a. Concerning ~nor Avery said he had sent a communication to the ments Committee, Y ' Councilmen concerning same, asking that they s~bmit names, together with their thoughts as to the structure of the committee and what it would be charged with, but that he had received no replies from the Councilmen to date. Mayor Avery said he is open to suggestions as to the structure of such a committee, but it is his personal opinion that there should be an overall capital Improvements Committee who could take all the suggested capital improvements, analyze them as to need 't - that said Committee be an unbiased committee, not and set a prior~ y, _ ....... ~A ~ down impartially ,a buffer between the Council an~ pUD~LC, and analyze the capital improvement needs, consulting with the in- dividual committees and Mr. George Simons, and make recommendations as to the order of importance. Each Councilman expressed his views on such a committee and Mr. JumPy moved to continue with the Capital improvement Program within the City Council, and get the job done without a Capital improvement Committee. The motion died for the lack of asecond. Mr. Talbot then moved that this matter be tabled until the next meeting, and in the meantime, it be given further thought and clari- fication, and maybe there will be some suggestions. The motion was seconded by Mr. Croft, and upon call of roll, Mr. Croft, Mr. Saunders, Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Jurney was opposed. Mr. Saunders pointed out that men the Council would want to serve on such a committee are already on various City and civic committees. Mayor Avery asked again that the Councilmen submit names, together with suggestions as to the charge to this committee, and what the structure should be. 6.b. Concerning an o~fer to provide land for a~ditional disposal area, CityManager Worthing commented as follows: ,'Relative to the offer of Mr. Mike'Blank to sell 8.71 acres of land adjacent to the City~s trash and garbage disposal area for additional land-fi~l facilities, as submitted to Council at the last meeting, it is recommended that same be declined. It is believed that circumstances may well cause the City to provide incineration or other disposal means prior to the present facilities becoming exhausted." Mr. Talbot asked if Mr. Blank's letter didn't include an offer to the City for use of said land if the City did not want to buy it, and Mr. worthing said he doubted if the City would want to make use of the land, unless it was an emergency need, because of possible liability~ further, the City has plenty of facilities there as a result of recent purchases made by a preceding Council. Mr. Talbot said that as long as the City was offered the use of some lan~ and could cover the 1lability0 to save the City land-fill, he felt it is good business to do so. City Attorney Adams said if there was a written offer from the owner telling the City they could use the land,'he felt sure the .~_ 4-12-65 109 liability portion could be handled satisfactorily. Mr. Talbot moved that the City Manager be instructed to a~viseMr. Blank that the City would welcome the opportunity of working out the use of his land for the City land-fill program, but at this time, the City is not interested in the purchase of same. The motion was sec- onded by Mr. Jurney. The City Manager asked City Engineer Fleming for comment, and he said that he believed there was a restriction that said land could not be used for anything but clean fill, and that the City has a use for any sand or clean fill that they have. Mayor Avery said the Council is only interested st this time in ploring possibilities, and the item will have to come back to the Council with firm agreements before anything else could be done, and he believes the motion is satisfactory for that purpose. Upon call of roll, the motion c~rried unanimously. 6.=. Concer~ing disposition of water lines outside the'City limits, City Manager Worthing reported to Council as follows: "In 1953, Mrs. Mae Jones paid the City for water distribution line extension, outside the City limits, from N. W. 8th Avenue and 4th Street. By virtue of the City Code, such water pipe lines remain the property of the City, though paid for by the petitioner for water extension service. Supply Of water through this extension has now been terminated at the request of the present owner of the property, Mr. Joseph Gwynn. In view of .the age of the pipe and~fittings 'contained in ,%his extension line, as '°~'saiebein~i,P~°Pe~lY'clty ~har~er: .... - adve~'~ise~'i~'"~c~danCe' w~th"s~c~n'? Of?the aayor Ave'~'asked."~h~' ~r%p~r~d ~h6' C6st' ~tima4e'O~"~he 1{~, Paui~Nic°i'iS' ~ the: Water' D~ar4ment;' ~h0'%re b~'th 'famiiiag wi%h '~he ~st Of m~teriais. ~ Mr' ?aib~t m°ved'£~aithe~d~m~ndati~'6f:the~itY?~h~ger be' 'K4~e~ed;'" ~he 'm°ti~n: being :~ec~nded ~i 'Mr'~ ~u~e9: ~n~ ~.~ahimoUsiy ~arried~ 6.d. The City Manager reminded th~ ~c6~n~il that on January 2$th, they had directed that the City Manager PrOVide a meeting with representa- tives ofall ~Churches within the City ih Order to establish a uniform ~°cedu~4'"~or use bf directS°nar ~ig~'s oek~hin~ng to Church 'locations. -~urther,' thh~ SuCh a. meeting had been~h~:~d :a~d 'a'~nif0~m'~ign u~on, similar to those now in use throughout the Cif¥, at a cost of .$12~00 each. Mr- Wor~hing~ ~aid that~ap~'ii~ation h~d ~een'mad~ for 48 signs, and recommended~that such agreement be approved,-~ubjec~ .to the CitY'Engineer de~e?~ifiing Sam~ t0'b~ "fea~ibl&' ~nSin~gln"~c0n~iict With existing s'igns, nor crea~ing"any'hazard b~ cu~tailment.of.vi~i0n. · ,, ~=~ng se'condec "~ 5Lr ."Croft' ahd uhanlmo~S-iy carried. ' ' .-' .- ' .. ,. · · ~, f · . .~ .:. ,,..., ., ,'. ~.'e'-.,~°nce~nxpg.-a s~rVex-~ep°rtof, P,arg~$s,0f. la,d in'.Wip~a~i°n o~ =ne~ CA,=Y nuisance laws, Mr. Talbot moved'~tha%'theClerk 'be' d~reSted to comply With Chapter 15 of the City's Code of Ordinances, as applicable to such sUrpey:report. The motion'was seconded by Mr. Croft:'and carried unah'i~ouS'iy~ '(0opy'of:nUisan0~ vi&.lati~ lis~ is tO th~ offf¢'fal 0opy'~ the~e ~inutes.') (See Page llS-A) ' 6.f. Concer~ing city participation in the Palm Beach Count at the W0r.ld, S':Fair in. 1965, City ManS-er t,~Ort y Exhibit ~ : ~ .£,. ,.. ,,. . ~ g .... hang read the followin letter from th~ Board· o~ ........ ....... ,~~,., _ ,,- : g · - ~ ~=uur~ or =ne chamber of Commerce" si ed byMr. Ken Ellingsworth, Secretary: , gn .... ollow~ng a request that the Board of Directors makel an .'exr .. p~'~S~0n c0ncer~ing the CitY0f'Oelray'aeaCh participating".".." "financially in the Palm Beach County booth at the World's Fair again in 1965, the Board voted favoring this participa- tion in the amount of $2,500.00 as suggested by the County Commission." Mayor Avery reminded the Council that at the time of budget pre- paration, they had not budgeted funds for this purpose, but decided they would review the situation and if they decided to contribute, they would take it from the Contingency Fund at that time. Mr. Croft said it had been brought out at the Chamber of Commerce meeting that the City had some normal obligation to participate the second year, and moved that the City participate to the extent of $2,500.00 and that the money come from the Contingency Fun~. The motion was seconded by Mr. Talbot, and upon call of roll, Mr. Croft, Mr. Saunders, Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Jurney was opposed. 6.g. City Manager Worthing referred to the following letter from the Veterans of Foreign Wars, dated April 2nd, concerning a request for City participation in necessary repairs at the Pony League Baseball Field= "Re: Pony League Baseball Field. For over ten years the Delray Beach Post of Veterans of Foreign Wars has maintained the Pony League Baseball Field on West Atlantic Avenue, with Post money and the labor of many of its members. The average yearly totals have run from $800 to $1000, and last year the upkeep cost the Post over $1500. With deep regret the Commander of the Post is forced to advise the City of Delray Beach that, because of our shortage of both money and the number of members able to give the manual, work re- quired, we must close the field and turn it back to the City if assistance is not forthcoming. We are deeply affected by this forced closing because we know from continued contact that many teen-agers have received immeas- ureable training in fair-play and good citizenship. While in many top cities these junior leagues are entirely under the recreation· budget, yet we would be able and willing to carry on this youth-moulding for the coming season if the Council of Delray Beach will make available two-thirds of $1424. for which Contractors have offered to make the vltal repairs as needed at this time. The major portion of the needed work was caused by the storm 'Cleo'. Our members will supervise 'the work and after thorough examination the bills will be turned over to the City. Following are the detailed repairs needed now and the costs as submitted to our Post: Replace and reinforce fence - $300. Replace bad planks in Stands; replace top 12 feet of wire on backstop board~ replace damaged wire in pits; pour one concrete bench; repair roof with 90 pound paper on bath-building; repair door and paint exterior one coat; paint all bleachers one coat. Total $884. Replace wiring to scoreboard, installing light sockets and connecting same, all other wiring to refreshment stand, rest rooms, etc. checked and replaced if needed $150. Eighteen flood-light bulbs $90." Finance DirectorWeber said there was no money in the recreation budget for this expenditure, and funds would have to be transferred from the Contingency Account to the Playground and Playfield Account. Mayor Avery pointed out that the V. F. W. and their work with the Pony League Baseball Field, and the American Legion in their work with the Little League Baseball Field was very valuable to the City, and commended these organizations for their efforts. -8- 4-12-65 During discussion, Finance-Director Weber informed the Council that the City pays the light and water bills at each of these two ball fields. Mr. Jurney moved that the request of the V. F. W. be granted and the City pay two thirds of the amount estimated,.the total amount not to exceed $1,424.00, said money to come from the Contingency Fund. The motion wasseconded By Mr. Talbot and carried unanimously. 7.a. Concerning an offer to exchange a ~arcel of land for a City owned parcel,.City Manager Worthing reported to Council as follows: "A petition has been received offering to exchange Lot 21 in Block 92~ subject to acquisition of said Lot 21 by the petitioner, for a City owned parcel of land lying adjacent to, and southerly from, S. E. 10th Street, immediately west of lands conveyed to Messrs. Brown and Dodson in 1964 by Council in an exchange of lands. The petitioner will be present at Council meeting and desires to discuss the advantages to the City in effecting such an exchange. Lot 21 in Block 92 lies im- mediately north of the Daily News building on N. E. 4th Avenue." Mr. Lindsay H. Eve, of Ford R. Carter, Inc., informed the Council that they are agents for National Investors, who have selec%ed a location at S. E. 10th Street for the purpose of building a shopping complex of some 50,000 square feet with a.national supermarket, and that said City parcel happens to lie in the middle of three parcels of land that are desired. Mr. Eve said if'they could obtain the lot in Block 92 and make the exchange it could mean approximately ~4oo, ooo.~o~ in~:b~hdi~g'~ ~O"~t~.~ on~ ~.id~ ~0~ ~t ~ ~ ~ lOth large Supermarket. Mr. Eve said that if this transaction is effected. there 'iS'a five~'aCr~"tract of 'land to ~he'west of p~rc~l that t~ey Would Reek to annex 't0~ the. city,of-De-:lray Beach. Mayor Avery said if 'th-e~c~n'=ii~hes to entertaih:~he idea of an 'exchange of propertieS,"~t "could~-so d-irest that they~will-entertain the idea, provided the. petitioner pFovides Council with an a~praisal of the properties involvedb~ ihdependeh~, professional appraisers, in coordina'tion with~_, t~e City Tax AsseSsor, Mr. wor~hing, at wBich time'negotiations could be considered.. Following discussion' Mr.. Talbot moved that if.theDeople are in- terested in the exchange, they submit their DroposStiOn in writing for the Council to study, along with an apprai'sal of.the.prppe~ties involved, without any expenseto the City, the motion being Seconded bY Mr. Jurney. Mayor Avery commented as follows: "TO clarify the'mot%0~, you moved that they submit to the City a'.detailed proposal, togethpr with an unbiased appraisal for our consideration." · Mr. Talbot agreed that w~s the substance o~ his moti~n,-aDd ~ity Attorney Adams said if the Ctt¥'Wished another aPmratSai,.'th~y Could have one made. ~ Upon call of r0il, the motion carrled'unanimO.~sly. ,' X. Mr. James Ritterb~schreminded the'Council.that o~Febr~ry 16th, in behalf of his client, Mr~'.Regi~ald~N. Vebster, he had.offered Lot 21, Block 92, to the City of Delray Beach at a Price. of Mr. Ritterbusch said that had. not:been re~9!~ed at ~his time, and questioned :~' EVe offerin~ Lot 21, .BlOCk 92 as ",n exchange f~r a parc~l of citY property. During~d!scusSion, Mr. Eve 'said the 9eople'tha%.-he~ ha~ contpcted about property in B!~ck 92 have improved'property, and'their name is Roe. ' Mr.-~0r~ing sa.i~ ~at ~he ~oe ~rope~ty is ~ ~. B1~c~'92~/ there.b~d','.~een.a mistake in the-lot.number, as Mr. EVe had' contacted Mrs.'~06.ConCer~ing her property. e~&.'-ei~nage~ '~r~hing'.~=esen.ted ~S0~U?ZON NO~ ~0'~S.' ' -9- 4-12-6S, 112 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY= SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAI~ LEVY TO BE'A LIBN .UFON SAID PROPERTY IN AN'AMOUnT AS SHOWN BY REPORT OF THE CITY' MANAGER OF DELRAY BEACH, i .. FLORIDA. (Copy of Resolution N°. 10-65 is attached to the official copy of these minutes) (See Page 118-G~& 118-H) Mr. Saunders asked if the procedure set by Council a few weeks ago concerning a further ten day notice to property owners involved, following receipt of bids to abate nuisances, is being followed, and Mr. Worthing informed him that it was. Mr. Saunders moved that Resolution No. 10-65 be passed and adopted on this first and final reading, the motion being seconded by Mr. Croft, and unanimously carried. S.b. City Manager Worthing presented ORDINANCE NO. 4-65, as amended. AN ORDINANCE OP THE CITY OF DELEAY BEACH, FLORIDA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DELRAY BEACH, FLORIDA, BE AMENDED BY ADDING A SECTION REGULAT- ING THE PARKING, STORING OR KEEPING OF CERTAIN COMMER- CIAL' VEHICLES, BUSSES, TRUCKS, BOATS, BOAT THAILERS, HORSE VANS, AND INDUSTRIAL EOUIPMENT WITHIN THE RESI- DENTIAL DISTRICTS OF THE CITY OF DELRAY BEACH, (Copy of Ordinance No. 4-65 is attached to the official copy of these minutes.) (See Pages llS-B thru llS-F) Mr. Worthing read letters from Mr. Tom Bruder and the Delray Beach Boating & Sportsmen's Club of Delray BeaCh concerning said Ordinance. During comments, Mr. Tom Bruder informed the Council that a boat is parked in his vicinity on City property, and asked if the boat could remain on City property if said Ordinance No. 4-65 is passed. City Attorney Adams replied that if Ordinance No. 4-65 was passed in its amended form, it would prohibit individuals from parking on any street right-of=way, alley or other public right-of-way~ that they would have to be parked-on private property only. It was pointed out that a truck of 3/4 ton or less could be parked in residential districts on private property, if said truck was used by a resident of the premises and there was no more than one such truck to each plot. Mr. Bruder said he is opposed to having boats and trailers in front yards, and feels they should be in the rear and hidden from view. Mrs. Dorothea Montgomery objected to Ordinance No. 4-65, and said that she felt the present City ordinances should be enforced without passing moreambiguous ordinances. Mr. L. R. (Butch) Harrison, jr., a resident and native of Delray Beach, said that Florida advertises boating, fishing, hunting, etc., and it would be an inconvenience and imposition on individuals if they could not keep their boats at their homes, and would create- a big problem. Mr. Bob Sandidge, a boat owner, commented about the use of boats in this area and the pleasure he has in using his boat, but said that it could not be parked in either his front or back yard and be screened from a street. City Attorney Adams pointed out the highlights of the ordinance, and Mr. Vincent O'Meara, Mrs. Dorothea Montgomery, Dr.~H. N. Locklar and Mr. Andrew Gent ~ommented on different phases of the ordinance and enforcement of same. -10- 4-12-65 Following lengthy discussion and comments, Mr. Jurney moved that Ordinance No. 4-65 be passed and adopted, as amended, on this second and final reading. The motion was seconded by Mr. Saunders, and upon call or roll, .Mr. Croft, Mr. Jurney, .Mr. Saunders and Mayor Avery 'voted in favor of .the motion, and Mr. Talbot was opposed. 8.c.. The City Manager presented ORDINANCE NO. 9-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~'LRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAy BEACH CERTAIN LAND, NAMELY LOTS 6, 7, 8 and 9, BLOCK 4, SOPHIA FREY LESS THE WEST .PORTION THERm-OF NOW LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF'DELNAY BEACH, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE' SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (901 N. E. 8th Avenue) Ordinance No. 9-65 was unanimously placed on first reading on motion by Mr. Croft and seconded by. Mr. Saunders. 8.d. The City Manager presented ORDINANCE NO. 10-65. ~ .: AN: ORDINANCE OF 'T~'%~TY' CO~CIL dF THE C~ : ' : DELR~y BEACh,. CE~TAXN~' L~ND 'L~" IH S~.CTi~N · '~I~ouS TO EXi~TIN~ .MU~iCXP~L '£iMfTS ~TY~ ..~._. EPINING TH~...BOUND.ARI~S.OF ~AID CITY TO INCLUDE SAID LAND: i~R6%IDiNG: PO~'~r~ RIGHTS-AND O~LX~ATIONS OP. SAID LANP~ AND PROVIDING FQR THE ZONING THEREOF. '- '" .... : : City Manager .... Wot.thing. "informed. the' C~uhcii' .....~at..while..holding a public hearing last' FridaY' a~'t.er~oOn, '~th~ Planning/zoning Board con- sidered thi'~' aPpi~Sation'~or' anHe~a~x0n 'and rec0m'~'~ded ghat this re- quest be ';~ra~',~, Subj~ct.to':Said l'a~d being Place~ i.,n::c~2:::' General Ordinance "NO.. 1'0~65 was Una~imously piaced/on"fir~t :r~A. ding on motion by Mr. Talbot and .Second. ecl. by Mr... Sa.unders. 8.e. The Cit~ Manager presented ORDINANCE NO. 12-65. DELRAY BEACH', FLORIDA,. ANNEXING TO THE CITY OF DELRAy BEACH CERTAIN LAND, NAMELY LOT 15, LAKE IDA MANOR, WHIcH"LAND IS CONTIGUOUS TO EXISTING ~ ~MUN!.C~PAL LIMITS OF SAID CITY;. REDEPINiNG~.,rTp~E BOUNDARIES OF SAID CITY TO: INCLUDE SAID. LAND;. ~.VI~iNs .FOR.THE RIGHTS A~ O,~IGA?IONS O~ SAID (501~N, ~. ?th. Ordinan=e. "No.. 12~6'5: was una~-~uSly, placed on 'first reading on. motion by .Mr~ Croft and seconded by Mr. J~.r_ney. 8.f. city Manager ~'Corthing presented. ORDINANCE:NO. 13-65. :. DISTRICTS. OF. THE CI.T~.~. Ordinance No. 13-65 was unanimously 91aCe~ on first reading on motion by Mr. Talbot a~d seconded by Mr~ Jurney. 9.a. The City Manager ~nfOrmed the COuhc~l that the Planning Board report concerning a ~ezOnlng request .on t~e South 43 feet of Lot 115 and North 67 feet of Lot 116, plUmosa Park, was presented to the Council a~ their regular meeting oS MS,Oh 22nd, following a public hearing the~eon~ an~ sctio~ Oh sa~ i~e~ was deferre~ until tonight. Mr. Ju~n~y t~n ~oved that t~ plannihg Board's recommendation be sustaihm~, and the reques~ dehie~; th~ mo~ion being seconded by Mr. Saunde~, and uhanimous~y car~feS. 9.b. City~ Manager W~rthing reaa the ~oii~Jing Planning/Zoning Board report concerning a rezoning r~q~eSt that Council had referred to them for a public hearing: "A public hearing was held on April 9th, 196S~ by the Planning Board on a request to rezone from C-1, (Lim- ited Commercial District), to C-2, (General Commercial District) the following described property: That part of TROPIC ISLES TRADING CENTER bounded on the South by Block I and parcel of land shown on said PLAT but NOT iNCLUDED THEREIN~ on the West by Elock 2 thereof: on the North by Blocks 3 and 4 thereof: and on the East by the W'ly R/W Line of U. S. H~wy. No. 1. Sixteen property owners were notified. Ther® were three owners or their representatives who objected. The Planning Board recommends that the property be reclassified to 0-2, providing all the property owners petition for the change." Mr. Lindsay Eve, agent for the property owner, was present~ also Mr. Frank Clifford, representing Jerry Earl Pontiac, who are the prospective purchasers of the property involved. Mr. Clifford said they did not want to impose on the rights of any of the surrounding property owners, but time was an important factor to them~ also, that his organization is getting quotations from the surrounding property owners with plans of acquiring said property. Mayor Avery asked the City Manager his recommendation in disposing of this item, and Mr. Wo~hing replied as follows: "Such recom- mendation would be~ that if it be the pleasure of the Council to sustain the recommendation of the planning Board as pertains to the petitioner's request, I would recommend that Council consider an ordinance placing that portion of Tropic Isles Trading Center in C-2 classification. In addition thereto, in accordance with provisions in your Code of Ordinances, Section 29, being the zoning portion of your Code of Ordinances, it might he the Council's desire, as it is their prerogative, to provide for possible zoning of the remainder of Tropic Isles Trading Center into C-2 classification, which could be brought about, in accordance with said Section 2~ of the City Code of Ordinances, by directing the Planning/Zoning Board to hold a public hearing thereon~ which would ultimately, if they recommended as they reflect here that they would, with propert¥owner's petition for such change, and Council sustaining such recommendation, the Tropic Isles Trading Center would eventually all be C-2. I might call your at- tention, gentlemen, to the fact that t~e southeast corner, which I referred to as being on the plat of Tropic. Isles Trading Center and not being a part thereof, the Phillips Gas Station property,.is C-2." Attorney John H. A~ams, representing the owner 6f Block 4, Tropic Isles Trading Center, said thatwhat the Council is being asked to -12- 4-12-65 115 act upon tonight is, apparently, a use for a dedicated parking area, as there are restrictions of record imposed upon said parking area, giving each of the owners of lots the use of said parking area. Attorney Adams said he did not Understand how anyone could do any- thing to the parking area property until they abandon the plat or acquire all property for the abandonment of said Plat. Further, that he had been City Attorney at the time this property was platted and annexed to the City, and there are restrictions of record that impose the responsibility on the lot owners to maintain the parking lot, and that the City saw fit, at that time, to be assured that they would not be charged with the responsibility of maintaining said parking area. City Attorney Adams said if time is of the essence, a rezoning ordinance may be' placed on first reading tonight; further, that deed restrictions are something that the City is aware of, but not bound by, and that it would take. him some time to investigate and determine what is right. Mr. Saunders moved to sustain the recommendations of the .Planning/ Zoning Board, the motion being seconded by Mr. Jurney and unanimously carried. City Manager Worth~ng presented ORDINANCE NO. 11-65, and stated that if it was pla=ed on first reading tonight, the second reading and public hearing thereon would be on May 10th. AN ORDINANCE OF TH~ CITY COUNCIL OF THE Mr. ~oft mo~ed that' Ordinance No. 11-65 ~ 1% ' ~ ~)a ~,~ o , ~ ~:s ~ read- Attbr~g~ joh'n~ H. 'A~amS i~f~med' 'the: e0nh~'il t~t h~"Wi~'~n0t ~opposed Pl~nnfng: Bo~d, which" ~m~ensa%ion? was ~ha classi'fie'd ~o C=2, providingall ~e. property o~er~, p~titio~' for the o~ers, he opposes _t~e .9assa~e of such an ordinance~ which was not on the agenda and is a surprise to him. ' City At~6rneY Adams sai~ .that he does believe the Council has the %°'Piace said 6rdina~c~ 0~: first r~ad~ng'.~" ' " ~. Croft .withdrew his motion th~.t ~aid Ordinance No. 11-65 be placed on first ~eadlng.. . .. - ' .... ~. Du~ing dis'cUs~i~n, City Attorney Adams commented as follows: "The C0uncif, Of c6u~&, ha~ ~r,a~ powers 'in '%hi% f~.ld of zoning. In rereading this suggestion~.., ~ ~.,.~fro~ .., the~. Planning~~ ~. . .... ~ard. to.,you,. ~e Planning Board recommends that .the, propert~ Be ~lassified to C~2, providing all of ~e pro~rty 0~e~S.' ~e6kti0n/f~r .~h~' ~h:a,g~e.'~, mro~ably what the saouie promably ~isaPPr6v~. ~is '~e~St ~nd..th~n-'.~6 ahead if the first, reading, rezoning the portion ~of it that was contained in Eve ' s p~eti:tion.~ . It. is a little confus ~g., ' - May°~'Aver~'aSk6d C'i~Y~ M~aper w°rthi~g if he~ 'felt it was go~ poliuy to' place ,Ordinance No. 1~65 on first ~eading;, a~d then '~wning all the property in Tropic Zsles T~a~ C~nte~. ~n placing this ordinance on first reading, it may fa[~ ~Oi~Ssfor o~her reasons four weeks hence,· at which time you wil! h:a~ a le~al publlc hearing." Mr..Jurney moved that Ordinance No. 11-65 be placed on first reading. Mayor Avery'relinquished'the gavel to Vice-Mayor Saunders and seconded the motion. ~pon call of roll, Mr. Croft, Mr. Jurney and Mayor Avery voted in favor of the motion, and Mr. Saunders and Mx. Talbot were opposed. The motion carried. 10.a. Concerning an agreement with the County School Board for sharing certain costs for providing drainage through School property, CityManager Worthing commented to'council as follows: "Last September lTth, Council approved abandonment of a previously dedicated, but never opened, portion of S. W. 9th Avenue running through the center of a ten acre tract of land lying between S. W.. 8~h and 10th Avenues and 2nd and 3rd Streets, SUBJECT to said tract of land being pur- chased by the County's Board of Public Instruction, as Well as dedication of the West 25 feet thereof for street right-of-way purposes, also the Board's agreeing to share the cost of materials for providing drainage through said parcel of land. All conditions have now been met through the cooperation of Mx. Ro.bert Fulton and the School Board. Council authorization is requested for acceptance and execution of the agreement submitted by the Board wherein they agree to pay one-half the total cost of materials used, provided the total cost to the School Board does not exceed $2,400.00. The agreement, prepared by the City Attorney, has been reviewed and executed by the Palm Beach County Board of Education, and the dedication of the West 25 feet of the tract of land referred to hereinabove. Your authorization is requested for execution of this agreement by the proper officials." (Copy of Agreement attached to official minutes) (Bee Pages 118-I & llS-J)~ Mr. Croft moved for the acceptance and execution of the agreement submitted by the County School Baord, the motion being seconded by Mx. Talbotand unanimously carried. 10.b. Concerning repairs to lines and manholes in the City's sewer system, City Manager Worthing reported to Council as follows: "At the last Council meeting, time was requested for further study of the item pertaining to rehabilitation of the old sewer system. A review has been made. The City, having trained men and much equipment necessary for such repair work, is in an excellent condition to do this work at a minimum of cost, for, unlike new construction, repair work of this nature is usually much more costly when contracted than when performed by the owner's qualified personnel and equipment. The City's Superintendent of the Sewer System, Mr. Carl Howard, and City Engineer Mark Fleming, now concurring in the Belief that the cost therefor should not exceed $75,000.00, I recommend that such repairs to the system, as are found to be necessary and advisable, be made by city forces%%fider the supervision of those well qualified individuals named above, the money to come from the ~ater and Sewer Contingency Account." Mx. Talbot said he did notlbelieve the City administration could guarantee the figure they had quoted and referred to page 19 of the Russell & Axon report, concerning repair of the. old sewer system. Under the suggested course of action, Mr. Talbot referred to so many feet of the old sewer line to be cleaned and inspected at a certain amount per foot, and said he thought that was a biddable item. Mr. Talbot suggested that the C~ty Engineer take 10,000 lineal feet of what he might consider the worst part, and put it out for bids on a sample basis; also let the City forces see what they figure it would -14- 4-12-65 117 cost, and try to determine if any money can be saved. Mr. Jurney said he would rather see the City forces take an area, and someone else take an area, and then arrive at an estimated figure, which he believed would give a clearer picture. Following lengthy discussion, Mr. Jurney moved to accept the re- commendation of the City Manager, the money to come from the Sewer Contingency Account, the motion being seconded by Mr. Saunders. Mr. Talbot asked if there would be any additional personnel hired, and City Manager Worthing read-the following memorandum~ "PROPOSED PLAN FOR REPAIR OF EXISTING OLD SEWER SYSTEM. APPROX.COST 1. Secure Equipment and Sup91ies - (a) Small Pneumatic Wheel Tractor with Hydraulic back-hoe and front-end loader attachment - - $ 10,000. (1) Easy to operate7 Move fast from job to job. (2) May be used by any department. (3) Will ~o about 90% of all excavation that is necessary. (b) Modern Rod~ing & Cleaning Equipment - - (1) Fast and Efficient. (2) One-man operation. (3) Will be good for many years of maintenance. 1,'000. ' '~('3)' R~ntal6fT~ievfSion .. ........ ~mN.~Eo ....... $.000. $ .~0,000~ - :CONTI~GENC~.T. FOr possible. LimiTED REPLACEMENT of Pipe' 36'i~0~.'" Considerable~ cleaning of.man~ lines land oroviding Several-.repairs in the Sys.tem has.alrp~dy.been .taken care of.by sewer.Plant employee~.o .and during'such periodextepaive inspection thereof discloses, the. lines, and manholes, in general, .to b~ in good con- dition. The City,'having trained men and much eqUipment necessary for such repair w~rk,'is in an excellent condition to do this work at a minimum of cost,, for,., unlike new construction, repair work of this nature:is.much more..costly when contracted than performed by departmenta! employ6~s..." Upon call of roll, Mr. Croft, Mr. Jurney, Mr. Sa~nder~ and Mayor Avery voted' in.favor. o.f the~otion and~Mr~ .Talbot was opposed. 10.x. City Manager r%?orthing referred to COuncil directive that the · Planning/Zoning:B~ardConsider. an~o=dinance to apply to the East-side of the waterway as well as to the West side, as concerns the issuing of liquor license's, and readthe follo~%ng..Planning Board report, "The Planning Boar~recOm~hd~ ~at %he matter referred to them pertaining to the issuing-of liquor licenses east of-the waterway, be referred to the city Attorney for interpretation and,the ordinance chpnge, d to.reflect un%formity for. the e~ire 'liquOr"~s'trict of'the City." "Mr. ,a6~ey ~aidl th.~ ns ~esired this item' to.be ~table~. ~n~il th" 10.x. City Manager Worthing reminded the Council that the City ha~ been endeavoring to obtain permission from the Plorida East Coast Railway Company since 1961 to beautify a portion of the railroad right-of-way, and the following communication dated Ap=il 6th had been received through the efforts of Mr. Cartes, Superintendent of Parks: "Your letter of March 26th, with its attachments, addressed to Mr. J~ W. Beachum of our Engineering Department has been referred to me. From a thorough search of our files, we fail to find where the Railway gave its consent or wherean agreement covers the parcels described in the 12 items on sheet attached to Mr. Paul S. Knowles' letter of July 6, 1961, Item 11 of which describes that parcel south of N. E. 8th Street in which you are now interested. However, I have drafted and attach a form of Agreement to cover this parcel and any other you may wish to beautify within the City Limits of Delray Beach. Before you proceed with the work, please have your City CoMmission consider the matter and pass the appropriate resolution, form of which is attached, then have the Mayor and City Clerk sign both copies of the Letter Agreement and return to me for handling for execution by the Railway. A fully executed copy will be returned for the files of the City." Mr. Saunders moved that the agreement be executed, the motion being seconded by Mr. Jurney. Upon ca1! of roll, Mr. Croft, Mr. Jurney, Mr. Saunders and Mayor Avery voted in favor of the motion, and Mr. Talbot abstained from voting. (Copy of Agreement attached to official copy of minutes.) (Bee Pages ll~-K th~u llS-M) 10.x. Mr. Saunders stated that it had been overlooked that Mr. worthing is carrying an extra heavy load as Acting City Manager, and felt someadjustment should be made. Mr. Saunders then moved that Mr. Worthing's salary be increased to $1,000.00 per month, effective March 22nd when he took over as Acting Cfty Manager, Said salary to remain in effect until such time as a new'City Manager has been ap- pointed and has assumed the duties of City Manager. The motion was seconded by Mr. Jurney and carried unanimously. 10.c. City Manager Worthing presented the following Bills for Approv- al: General Fund $118,437.22 Water Operating'& Maintenance Fund. 87,728.81 The bills were unanimously approved t© be paid, on motion by Mr, Croft and seconded by Mr. Jurney. The meeting adjourned at 11:00 P.M., by order of Mayor Avery. R. D. WORTHING City Clerk APPROVED: M A Y O R ~ -16- 4-12 -65