Loading...
07-08-65SpMtg 201 ' JULY 8,, 1965. A special meeting of the City Council of the City of Delray BeaCh was held in the Council Chambers et 5:00 P.M., Thursday, July 8th, ~955, with Mayor Al. C. Avery in the Chair, Acting City Manager R. worthing, City Attorney John ROSS Adams, and councllmen J. LeRoy Croft, and Ja~es H. Ju~ney being present. Mayor Avery called the meeting to order and announced that same had been~ called for the purpose of receiving, opening an~ making public the bide for construction of Sewage Works Project, I~. 5964-8-b~ Seotion 19, and for any other business which might come before the meeting. An opening prayer was delivered by City Manager R. D. Worthing, and the Pledge of Allegiance to the Flag of the IJ~ited States of America was given. The following bids were opened by the City Manager and examined by City Attorney John Ross Adams, City Engineer Mark Fleming, and Daniel Neff of Russell & AKon, Consulting Engineers for the City of Delray ~each, to see that ~here is a bid ~ond, s~gnatures, etc. o o O ~o ~ JUNE 28, 1965. 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 Joh~ Ross Adams, and Councilmen j. LeRoy Croft, James H. Jurney, Jack L, Saunders and George Ta'lbot, Jr., Being present. 1, An opening prayer was delivered by the Rev. Charles C. Carrin. 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 June 14th, 1965, were unanimously approved on motion By Mr. Croft and seconded by Mr. Jurney. 3. Attorney Ronald Sales, representing Mr. W. R. Haggart, owner of Block 73, asked the Council to implement its motion of May 24, 1965 .meeting in respect to an alley in Block 73 of the City of Delray Beach. Mayor Avery said that sinoe this is related to Item 6.B. on the Agenda, with permission of the Council and Attorney Sales, it would Be considered tonight .aW~.itsm 6.b.2., which was agreeable. division' i'~ '~='~-' ~' ~'~'~ :.. ,~ ~-.--~ .... ,.: , ..... $~. ~ T~op, ,, ~a approximatelg' 'i-t~ ;~_~:;-~j._.'.~!c. -:;: =.~.. i~'-he; had ~n.. o~t o£ 'to ~:_~a~ nad appeared before-~e~-c6Unc~ C6n~6rn~ng ~s ~tem, ~. ~s ~aq ~,~ ~.~O,?~a~.,,.the ,or,lce of a ~a~On in Tropic palms.~ --.-- solution concernln9 ~tree~ re~ab~l~: ~ City.A~rn~ Ad~s re~nd~ ~he n. 1 and 2he proposed ~e~e ~. _= ~ ~e ~r~ ~one By nda ...... ~. the City Manager, but ~. Ellis, having Been called o~ of ~ o~ ac next' 'C~uncil meeting, ul .... .t-u~ ~ council 'at 6he 4,a, 'A roll cill'sho~d ~ ~ollo~ing Civt~ 0rganizati~ repre~ent.~t!~es ~ be i~ ~and ~'~ .... attendants t ,. n ernationaI & ~usi~je~:&;:' ~. ~.. :. ... ~..:~. .... ~ ~. .... ;~ P~ofes~ion~l Wome~'s_Club ~s ~0ro h i:~,6.5~,~ :~:~-; ::~: ,~ ?~,~ ~a~e o~ ~men voter,/ d~ted ~i ~;:-~ v- ~_~ ... ~ ~ . ~ ~ :OPP~'i~"a~e' ~t' a~ 188 "During our recent two-year study, we found a number of situations in which improvements might be made. It is very encouraging to ue to see that your Council has already taken substantial steps in many of these directions. Earlier we hav~ offered to be of ~ny assistanc® possible in presenting programs for city beauti- fication to our citizens~ and if we may be of help in arranging public forums or other publicity efforts in connection with city improvement projects, we hope that we may be called upon. We feel that the City of Delray Beach is.embarke~ upon a far-reaching period of ~evelopment, and wish to commend you for your leadership." 5. ~he following letter from the Palm Beach County Health De- partment, dated June 14th, 1965, was read= "Re: Rabies - General Dog Bite Incidents Delray Beach, Florida. This letter is written to advise you of the'interest this department has concerning the dog bite incident rate in Delray Beach, Florida. The Southeastern District Office services four major municipalities= Lantana, BoyntOn Beach, Delray Beach, and Boca Raton. The records of that office indicate that Delray Beach has a high incident of dog bites compared to other municipalities in this immediate area. A field survey of the southwest area of Delray Beach readily explains why this percentage is so high. This area is populated by an extremely great number of stray dogs. Establishing ownership of these stray dogs is most difficult and, consequently, they run the streets in packs, are not innoculated and appear to be undernourished and diseased. This situation pre- sents a serious health problem to the community and should be abated as expeditiously as possible. It is the recon~endation of this department that the members of the City Council study the existing ordi- nance and provide the necessary facilities and funds to implement an effective animal control program. If this department can be of any service to you in establishing such a program, Please do not hesitate to contact Mayor Avery said he felt this required some study and possible budgeting of more.funds 'than had been budgeted in the past, and suggested that the Acting City Manager be directed to consult with the County sanitarian and make a detailed study of what it will take to alleviate this situation; make a report to Council, and also see that said item is included for c~naideration at budget tiJ~e. Mayor Avery asked the City Manager to acknowledge said letter and explain to the Health Department what the Council has requested. ~.a. Mr. Saunders compli~ented the Acting City Manager and the Parks Department on the nice job of lan~scaping that was 40ne on the women's Club property which was recently placed back under,the care of' the City. ._ -2- .- 6-28-65 189 Mayor Avery complimented t~.e City Manager and asked him to see that Mr. Wade Cartes and the Parks Department were c°mplimented, through channels, for said work. 5.a. Mr. Saunders asked if there was any information from the County on proposed sidewalk construction on N. Swinton Avenue and City Manager Worthing informed him there was none at this time, but he would be advised as to progress thereon as it is made. 5.a. Mr. Talbot complimented the Park~.Department and Acting City Manager Worthing on the playground equipment that was installed at the Paul Knowles Park~ further, that said park and equipment is being used more all the time. 5.a. Concerning the construction of West Atlantic Avenue, Mayor Avery commented as follows: "Intercounty Construction Corporation has the storm drainage contraot at the railroad crossing, and they are held up. What it amounts to is that here at the slack season with Delray Farm Supply and some of the other businesses in the area, at the ideal time to build this thing, they are doing nothing. understand after talking with State Highway Department Engineers and others, there seems to be a little, game of waitLplaying between Intercounty Construction CorporatiOn and the railroad as to whether they can get a trestle or something put in, and the end result is that the City ~f ~Delr.a._~ .Beach is .~e ~oser and ~ts ta~..~¥~ng citg zens ~"~:~ ~;~. ·- ,'~"~':V. C'~. ~.~ :' '5~ ;'; ~'~c ~ . '~ ; ~ ~ '? 'd "i ?',, ~,~ ~- ~ . ~ ?,: ~..~..' ~ ~ ~? are the vi~ti.~st,~ ~,a.~= ~,.ve. r4~. said he 'is ~W~K~ ~of '~" bill' ~f"~ fe than ~hr~ ~0~d doi~ars ~om %he Intercounty c0n~'tru~ti0n '%ha~'is ~a~ ~d~d~ ~'~ would help ~e s~ua~on along if ~Highway.aesid~n~ ,~inae~ ~n~ ~$th the I~e=co~t~ ~.~O-t .end. Oa~ied~:'~:~m~ii{V;. ~ 'J, ,':~::' ~ :?::::~ '?~'~.-~: ':' -'~--:~: ~"'~ ~::. ~: //, :?~e:pur~ose ..~f 'thi:~' l~t~e~ ~S :t~ ask: ~a:t, :the ~-~ ~ 190 "held in the CouncilChambers at 8:00 o~clock P.M., Monday, June 28, 1965, to present for the Council~s consideration a proposal to rescind and desist in its action to move and relocate an alley-way in the middle of Block 73, City of Delray Beach, which was attempted to be relocated by motion at the City Council meeting on May 24, 1965. I~ ie respectfully submitted that any attempt to relocate sai~ alley-way in variance to that established by the recorded plat (on record in excess of 40 years) is illegal and unlawful. 10 Fla. Ju~.~., Paras. 11 ¥~rough 26= Porter v. CarpenteF., 21 So. 788~ F~'E.C... R R~ Co, v. Worley, 38 'So. 618~ · 78 so. 17~ Powers v...Scobi~, 60 So. 2d 738~ 'Weber v. City of. Holl~oo~, 120 So. 2d 826. It is our position that all property owners in the City of Delray Beach Subdivision have a private right to the use of said alley-way and said use is reasonably and materially beneficial to each of them and any relocation of said alley-waywould amount to a deprivation of said private right and would red,Ce the value of their prop- erty." Mr. Fetish appeared personally before the Council and said that when anybody buys a lot in the city of Delray Beach, they take it subject to the plat that is on record in th~ office of the Clerk of the Circuit Court, and for that reason each of the property owners of the City have an interest in any street or alleyway~ further, if the alley is moved only a few feet it would not materially challenge their rights~ however, when it is moved from the center of the block over to the side, for the sole purpose of aiding a property owner to develop his. property, without a public hearing, feels it deprives the property owners of their rights. Attorney Fetish said the property owners in the vicinity of Block 73 had received notice and attended a public hearing concerning rezoning a.portion of Block 73,during 1961, followed by the rezoning of a portion of said Block to the C-2 Zone, but they had not been aware of a zoning change in a portion of the wast half of said Block 73 during. 1962, and questioned said rezoning as there was no notice to surrounding property owners and public hearing at that time. AttorneyFarish said, in order to give those property owners a chance to be heard concerning the rez°ning, this matter should be referred back to the planning/Zoning Board for a public hearing, and~if the Planning/Zoning Board then recommends to Council that the land shoulO remain as a C-2 zone, that it is in the best interest of public health, welfare and safety, and it doesn't hurt anyones property rights, and Council accepts their recommendation, then he feels the matter will be laid at rest, but respectfully asked that it be referred back to the Planning Board for their consideration. Mr. Saunders asked about the p~blic hearings referred to and Attorney Fetish replied: "The records are rather sketchy in that respect. It seems that in 1961 there was a hearing to alter this zoning for the remaining part of the block and it was kicked around at that time, but there was nothing specifically requested, that it be rezoned to C-2, but just to be increased for the zoning right of the Property owner there, and thati$ where it lay. No one knew what the action of the Board was and it stayed there dormant for a year until the Council took it under consideration. No one knew about it at the time and the Council passed it and no one knew any more about it than that the Ordinance we find now has been passed, but we didn't -4- 6-28-65 191 "know it had been passed until all of this came up and we searched the books and found that No. G-450 was in effect." Mr. SaunderS asked about the records and City Manager Worth- ing said there was nothing sketchy about the records, the information was all in the records. Attorney Farish said he was talking about the meeting of the Planning Board, that he was not talking about the records of the office of the Clerk being sketchy. City Attorney Adams informed the Council that one of the pre- sent Ordinances was passed in December, 1962 under the strong encour- agement of Mr. Paul Knowles, and that before that time, the Council could amend ordinances on its own motion or on petition, following public hearing. City Attorney Adams continued: "At that time the interpretation on that ordinance, under the State Statutes which is 176.05, meant that the public hearing---and there were cases to the effect that the only official public hearing' was the one before the City Council--before Ordinance No. G-450 was adopted, there was an advertisement in the paper for two' separate weeks, July 27th and August 3rd, and the Ordinance was passed as a result of that publi- cized public hearing before the Council. Mr. Knowles felt that we should go further, and we amended_ the ordinance as to the way it reads now. Now we have to refer it to the Planning Board for a public hear- ing~ with notice to the residents in a certain area, and then it has to be re£erred back to the Council where again we have to have a public hearir~ Wa h~ve b~en ouer this~ and ~..~n ~ee nothing ~llegal about..the ~onfng, 'and .a/l, .th'el l~a~ .notices ~eze .~iven.' During ~disc~sSion, .City Attorney Adams sai~ that at..t~e, pr,e,- sent time. ~e- city' o~ Del~ay'seA~h re:~&s mo=e in ~h~'w~'bf ~ea~.ngs th~. i.th~, iS -ta~te '~L~..w. ii,eqUine's:~ ~ir. Sau~der~' aai~ ~a~:'~ttorney ment to .say ~.h. at we ~ouia ~ove. it 'as l~ng' ae 'it',is 'n~ m~ed [~l!e'~. In',my 9~ini~n,,.' if 'a'n~'h~'a .~e S~andin~. to object' ':73 'and refe~ :~h'e: i~em ~:k "~:~', ~'-P.l~nin~-~ ~Sa'f~'.:' [ ~'~e '~as '~o ~'Ction on said '::~ .t~en. at ~e May: '24~. ~fl:;m~'~'tin~;::'-a~ "preS~nt~~ '~ ~Y a :'W~Y--,alon~"~e',~e~.~16,'~ee~:.":~ the:.~iO~:~-"/~'~e~;; ~ .'~-~a~y traverses the post office property, during the time the property is used as a Post Office. Attorney Sales informed the Council that Block 73 was not platted with lots and alleyway on the Plat of Linton, and the way said block came to have an alley is that subsequently there was a replat of Block 73 wherein an alley first appeared, and that since that replat- ting in 1925 no one has taken a deed with reference to said alley, because the lots have always been owned by one owner and presently Lots 1 through24 are owned by Mr. Haggart. Attorney Sales pointed out that the Council Meeting minutes of July 19, 1962 reflect that the Planning/Zoning Board hsd met and reviewed the conditions with reference to Block 73 and recommended that it be rezoned, Attorney Sales said that the present alley in Block 73 exists by virtue of a right-o~-waydeed instead of by virtue of a plat. City Attorney Adams informed the Council that he and City Manager Worthing had examined the deed presented by Mr. Haggart and same was in proper ferm, and had been executed for the purpose of providing.a 16 foot alleyway running northand south through Block 73 between N. E. 3rd and 4th Streets, and is~ the area that is now paved~ further, that resolutions had been drafted that would accomplish the requested purposes. City Manager Worthing then read RESOLUTION NO. 20-65. A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, VACATING AND ABAN- DONING THE SIXTE~ FOOT ALL~Y IN BLOCK 73, AND LYING BETWEEN N;' E. 3rd AND 4th STREETS. BE IT RESOLVED' BY TH~ CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA= WHERBAS, petitioners, W~LLIAM R. HA~GART and VIRGINIA L. HAGGART (h~s wife) have made application to saidCouncil to vacate the following described alley, namely The north-south sixteen (16) foot alley in Block 73 and lying between Northeast Third and Fourth Streets, described in a deed, dated June 12, 1961, and recorded on June 14, 1961 in Official Record Book 643, Page 608, ~ubliC'Records of. Palm BeaCh County, Florida, and WHERP2%S, the petitioners have, by Oult-Claim Deed, dedicated the West Sixteen (16) feet of BloCk 73 (Pi. Bk.12-62), for public alley purposes, and WHEREAS, the Florida Power & Light Company desires to retain certain utilities located in the alley previously abandoned 'by Resolution 1332-rather than re-locate same as provided in said Resolution 1332, and WHEREAS, petitioners have agreed with said Company that the South 40 feet of the alley abandoned by Resolution 1332 shall remain aa an easement to Florida Power& Light Company, and NOW, THEREFORE, pursuant to paragraph three (3) of Section seven (7) of. thee.Charter Of the City of Delray Beach, Florida, it is hereby declared that the.fo!lowing described Alley be vacated and abandoned, to-wit The north-south sixteen (16).foot alley in Block 73 and lying between Northeast Third and Fourth Streets, described in a -6- 6-28-65 deed, dated June 12, 1961, and recorded on June 14, 1961 in Official Record Book 643, Page 608, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED this day of Mr. Croft asked the City Engineer if said relocated alleywa~ had been constructed to City specifications, and' City Engineer Fleming informed the Council that the alley had been inspected at several stages during construction and that. it slightly exceeds City speci- fications. Mr. Croft then moved that Resolution No. 20-65 be passed on this first and final 'reading, the motion being seconded by Mr. Jurney. Mrs. Dorothea Montgomery asked about traffic to and from the Post Office and Mayor-Avery informed her there would be a lane sufficient to exhaust traffic down through the middle of the block. Upon call of roll to pass Resolution No. 20-65, Mr. Croft, Mr. Jurney, Mr. Saunders and Mayor 'Avery voted ~n favor of the motion, and Mr. Talbot abstained from voting. City Manager Worthing then read R~SOLUT~ON NO. 21-65. A ~ESOLUT~Q~.OF. ,.T~E, ~IT~ COUNCIL OF ~ CITY 6f'~e"a~iey-located ~n said . , ~at 'p~Suan~ to', . e"~ou~' 128~ yeet of ~e Nor~ 143% ~eet of ,is-,,t~mp~.~,r$1y ,ab. andon~ for. :~t, p~,. of ,time ~e Post ur~ce ~e"~ ..... ~..._ ............ , .... . ~, ~ .., ~: ,:, . while .... , , . : . ..... .- It was', repo~ "t "' ny ~ne City Attorney as' re~entl~ 'directed by ~cil, to provide for ..... . . -7- 6~28.65 the employment of anarchitect to furnish design plans and.specifi- cations for aRecreati0n Building Complex t o be located in the City Park. Mr. Jurney moved that the Agreement made by the Architect, Kenneth Jacobson, to the City of De,ray. Beach for the construction of the Shuffleboard andsenior citi~en-s building be executed by the Mayor. The motion was seconded by Mr. Saunders and carried unani- mously. (~op~ of Agreement.is attached to the official ~opy of these Minutes.) (See Pages 200-0 thru 200-G) 6.d. The Council was informed that an application had been re- ceived from Josephine M. Gray, to conduct a private school on Lots 1, 2, 3, 11 and the south 25 feet of Lot 10, Block 66, and that Council may, by virtue o~ Section 29 of the Code of Ordinances, deny this request Or refer same to the Planning/Zoning Board for a public hearing to be held thereon~further, that th~sproperty had been used for conducting:a private school for many years until the summer of 1964. Said request for permissive use to conduct a private school was unanimously referred to the .Planning/Zoning Board for public hear- ing, on motion by Mr..Saunders and seconded by Mr. Talbot. 6.e. City Manager worthing informed the Council that an application for transfer of Liquor License No. 467, issued to Erny's, Inc. for the fiscal year ending September 30th, 1965, has been received from Cathy J. Van for operation of "Surfside", a restaurant and lounge at 6 South Ocean Boulevard. Thatthe applicant has been investigated in compliance with City r~gulations and approved by the proper authorities, and approval of such transfer is recommended! further, Erny's, Inc. have relinquished all right, title and interest in. and to said License. Mr. Jurney asked if' this buildinghad been connected to the sanitary sewer system, and following discussion, moved'that this application for transfer of liquor license be approved subject to the inspection of the Plumbing Department regarding the building being hooked up to the s&~itary sewer system, the motion being seconded by Mr. Talbot and unanimously carried.- 6.f. The City Manager informed the Council that requests for sealed proposals for construction of Sewage Works Project extension for Sec- tion 19 have been advertised to be received by the City.at $:00 o'clock P.M., Thursday, July 8th, 1965, and recommended that a special meeting be called for that date and hour for the purpose of receiving, opening and making public such bids which should then be referred to the Con- sulting Engineersfor tabulation, review and recommen~ation to Council, and for any other business that may come before the Council. Mayor Avery said that Mr. Talbot and Mr. Saunders would be on vacation at that .time, but were agreeable to said special meeting where the bids would be received, opened and referred to the Consulting Engineers for tabulation and recommendation and returned to Council at the next meeting~ further, that such special meeting be scheduled. 6.g. A survey of parcels of'land in violation of City nuisance laws was presented, and Mr. Croft moved that the Clerk be directed to comply with Chapter 15 of the Code of Ordinances, as applicable to such survey report, in order to provide for abatement of the nuisances determined to exist, as reflected therein. The motion was Seconded by Mr. Saunders and carried unanimously. (Copy of nuisance violation survey is attached to the official copy of these~ainutes.) (See Page 200-A) 7.a. City Manager worthing reported to Council as follows: "There is a right-of-way, SO feet in width, an~ running southward from N. W. llth Street a distance of 308.44 feet, which Bas never been opened. One lot abutting thereon is owned by Mr, Paul Ledridge who desires to build, thereon and-he has requested the City to Provide adequate access .to the property, and suggests, for the time being, a hard surface oil- -8- 6-28-65 195 "treated minimum access road be provided. It is recommended that normal' procedure be followed, that' being ~ouncil determination to provide such improvement on an assessment basis, 'as heretofore estab- lished - 90~ of total cost to be assessed against the abutting prop- erties and 10% of said total Cost to be bOrne by ~the City, it being a ~dead end' street. -It iS further reco~nended that any improvement of such portion of N. W. 3rd Avenue be made according to City specifi- cations." There was discussion as to whether this dead end street would be paved to a width of 24 feet or to a width of o~ly I8 feet. City Engineer Fleming said that a 24 foot street is desireable! that a truck could pass a car on an 18 foot street but two trucks could not pass on that width. Mr. Ledridge said he 'did not see the necessity of a 24 foot paved street, and that they could not furnish additions! land from their ownership to provide for a cul-de-sac. Mr. Saunders stated that he would not vote on this item as he owns property abutting said right-of-way; further, that he would be happy with an 18 foot street, but to line up with the width of the other streets a 24 foot street probably would be' better. Mr. Talbot said that he thought a 24 foot street would be in the best interest of all concerned, and that he would so move. City Attorney Adams said the proper procedure would be to ·pass RESOLUTION NO. 19-65, as follows: ?.LEVEh'TH~ ~esg 'm~,~.,,.')-, (see ~e ~oo.~)'" ..... , .......-'- - .-.,~ .... ~..~[b~f ~o~ed that~ R~s~utiga :No. ~9-65 be passed on this v~u xn ~avor o~ the motion' a~8 .... Lo~.s'25 .sAd 26, 'B10~k Bi' ~g~Ve~' park'.'~ :~ls r~est' ='e~rr'ea' b~' C0un~il to Ae Planning/Zoning Board, whi~ ditched-~he"~t~n~tives:of..the:~=ch:~o submit ..'""... ' ' .~.'.: ~' [' i.' .L,' .- ',... - . -i~ -' . aorner '~ N. ~...Se~nd:-st~e~ and ';I5~ 'A~enue ., ... ~ee~ a .tent to ~ld o~ ~urch. 's:e~vi~s 'in ,u~i/ .~ollow~ diec~sio~ ~. ~a~ot moved ~at ~is. ite~ .............. ~ '. · :e. :.-~ .... , .. ............. ~ . $ g ~ -fOr 'if..~e. "Board. Of" Heal'~ ~'~;'~ ~'.~ .~l~'".v. ~ '"'_':;UY:/~:~t -g- 6-28-65 ~196 item, and he was informed that was normal procedure. Upon call of ro11, the motion carried unanimously. 7.c. City Manager Worthing inforn~d the COuncil that a petition has been received from Mr. Joseph W. Gwynn for annexation of the following described property - SB% of the Bast Ouarter of Model Land Company's Lot 19 in Section 8-46-43, subject to the South 100 feet thereof being zoned C-2 (~eneral Commercial District) and the re- mainder of said property to be classified R-3 (Multiple Family Dwell- ing District} ~ further, that it is recommended that this petition be referred to the Planning/Zoning Board for review and recommendation. Mr. Croft moved for referral of this item to the Planning/ Zoning Board for their review and recommendations, the motion being seconded by Mr. Talbot.~ Mr. Joseph Owynn informed the Council that if his property is annexed to the City he would like for said property to be serviced with a two inch water meter to take care of his apartments, and con~ tinued as follows: '°According ~o the rules now, I am penalized for having a series of apartments rather than having one big apartment house where one meter could service forty or fifty apartments. Now the laws are that one meter can service but two buildings, regardless of the size, so the way it is now I would have to have one meter to service, for instance, two families, whereas the condominium and apartment houses being built can service forty of fifty families. would like to point that out to the Council for your consideration and think that rule should be changed." City Manager Worth-ing info~med the Council that is not con- nected w~th his petition, and that Mr. Gw~nn had been assured of a two inch meter at any time that ~t is in order to be placed, which would only be sub,eot to the annexation of his land. Upon call of roll to refer said petition to the Planning/ Zoning Board, the motion carried unanimously.- 7.d. Concerning a request for abandonment of a dedicated alley in the N~, of _Section 17-46-43, lying adjacent to and west of Lot 5, Block 2, Odmanns Subdivision, City Manager Worthing informed the Council that this unusual dedicated strip of land, 8 feet wide and 43 feet long, has never been opened and could serve no purpose~ further, that it is recommended that ~his petition for abandonment be referred to the Planning Board for 'its review and recommendation. It was so moved by Mr. Saunders and seconded by Mr. Croft. Mayor Avery asked that this item also be referred to the city Bngineer and Consulting Bngineers in connection with the sewer pro- gram. Upon call of ro11, the motion carried unanimously. 8.a. City Manager Worthing presented ORDINRNCE No. 25-65. ,---- AN ORDINRNCE OF THE CITY COUNCIL OF THE CITY OF DBLRAY B~ACH, FLORIDA, AMENDING CHAPTER 29 OF THB CODB OF ORDINANCBS OF THE CITY OF DELRAY BEACH BY ADDING SUB- SECTION {d) (5) TO SECTION 29-7.7 PERTAIN- ING TO PETITIONS FOR REZONING OR CONDITIONAL Mr. Talbot asked the reason for this Ordinance, and City Attorney Adams explained as follows= "I believe I can partially explain it. As we have. made reference before, when a petition for zoning or conditional use is received by the Council, if less than a City block is involved then you have to notify the owners of the property for one.block on both sides of the intersecting streets, and · it goes on up to where if a City block Or more is involved, then the prpperty owners for a.' depth, of one bloc~..surrounding the property petitioned must be notified. This is for the public hearing before -10- 6-28-65 "the Planning ~oard. The reason we thought this might have some merit is that we have recently had a tract that requested a conditional use and they owned sOme fifteen hundred feet in each directiOn with the exception of one little lot, and the owner of ~that lot consented ~o the conditional use, but instead of being able to go on and advertise it for a public hearing before the Council, we had to set up another Plannin. g Board meeting and just have a f~L-~/t/ous public hearing before them because no one else is affected. This would very rarely come up, and it would just be in an acreage situation. You may .want to refer that to the Planning Board also for their study and reco~menda~ tion. ,t Mayor Avery. suggested this Ordinance No. 25-65 be placed on this first reading, and asked that it be called to the attention of the Planning/Zoning BOard with a report from them prior to the second and final reading. It was so moved by Mr. Talbot, seconded by Mr. Croft and unanimously-carried. 9. There were. no reports. 10.a. Concerning proposed extension of a sewer line on MacFarlane Drive, City Engineer Fleming explained as follows: "Miramar Gardens Apartments consist of two buildings, which, prior to the Construction of our sewer line, were tied together into a temporary disP°sal unit. When the new sewer was built, the connection was run to the trunk line aha an area '~a~ WaS 's~P~a~'te' 'havb b~en ~S~red' in"t~ fi~t' phase. .co~ect~n, .and ~e Ci~ Engineer said ~t se~s to be applicable in ~9..City Engineer .re~gmmended ~at ~e line be' instal!ed -:~ , : . .... , ....... ~ fm e ~or sa d stai atlo motion was seconSed by Mr. Croft and carried unanimously. Mr. Jack Barnes of Miramar Gardens Apartments was present and Mayor Avery informed h~m that said sewer line would be placed on Mac- Farlane Drive and that the apartments would be charged $95.00 for their extra sewer connection. 10.x. Mr. Saunders said the Council had been through a rather stormy period concerning Block 73 shopping center; further, that he had not seen the plans for said Grand Union grocery store and did not know what the construction would be like, but that the people who had ob- jected to him concerning said construction, had objected mainly that the back of a grocery store was unsightly! that they would be troubled with rats and were worried about the large trailer-trucks that would service said store. . Mr. Saunders said he thought it would behoove Mr. Haggart to have his architect take into consideration the fact that this grocery store would be backing up to a residential area, and that the people deserve the consideration of having the building designed so that it will not be an eye sore and a nuisance~ further, that he had driven behind the three large grocery stores in this area and that they were not unsightly and had been designed so that everything is locked up inside them. Mr. Saunders commented further: "The people in the area sur- rounding this block, whether it is true or not, feel as though they have had some sort of a fast deal put over on them on this rezoning. It was brought out here tonight that it is not so, that everything was above board and the prior Councilaeted in good faith. These people were not aware of this and I think they have reason to have a concern, ! ~ust hope that Mr. Haggart and all concerned with this thing will endeavor to make this a th~ng that will be a credit to the City of Delray Beach." Mr. Talbot said he was pleased with Mr. Saunders~ comments before the Council and the public on this item. Mr..Croft said that. the Council desires to do what is good for the City of Delray Beach and its citizens as individuals, and commented furthers "! think that we have had some strenuous restrictions and I think that we have held back our business area, our business community here, on many occasions that we could have had some good desirable development in our business community. It concerns me. I really care. I may feela tittle bit different about the business community than some other people, because I have depended upon this business community of Delray'Beach for my livelihood for all of my adult life. I am vitally interested in growth and progress in oUr business community. We pride ourselves on being in the heart of the fastest growing area in the United States, right here in this Gold Coast, Delray Beach, yet I think we are kidding ourselves right here in Delray Beach some- times. How long has it' been since we have constructed any new hotels, any new restaurants, any new sizeable business endeavors within our City? How long? Yet the population growth in the whole area is grow- ing by leaps and bounds, but our business community is still lagging. A report just out by the Florida State Chamber of Commerce reveals that in the last 5 years seventy-six new hotels have been constructed in Florida involving the sum of some forty-two million dollars. Two thousand three hundred eighty-twonew restaurants have opene~ at a cost of over one hundred thirty-one million dollars. What have we built in Delray Beach? Some of ours have closed, and it dis- turbs me. Whenever a man is-willing to invest in our business com- munity the kind of money that is going to be invested in this shopping center up here, I think we should encourage him and not try to dis- courage him, Because he is risking his money on which he is expecting a fair return, and is entitled to it, and I propose to support, as long as I have anything to do with it, these endeavors." Mr. Jurney said he didn't think'heuould add to what had been said by theother Councilmen~ further, that it is a privilege for him to sit on this Council even in the face of comments on decisions by -12- 6-28-6S $99 Councilmen, which decisions are made for the best interests of the City of Delray Beach. 10.x. City Manager Wor~h~ng presented the followt~ng memorandum from Finance Director Weber, dated June 28th: "SUBJECT: Disaster Fund On January. 11th, 1965 the City Council advised that all expenditures from the Disaster Fund should be made only on their approval. In the past, all overtime of the 'parks department expended on beach work, principally clean up of sea weed, has been charged to the Disaster Fund,. Request is hereby made ~hat the City Council approve payment of $1,497.75 from the Disaster Fund to the General Fund for overtime work of the Parks Department used on the beach from December 24th, 1964 to week ending June 10th, 1965." During discussion,-Mayor Avery suggested further analysis of this transfer of funds, and F~nance Director Weber explained that the .Parks Departm~rtt, ha.~ ~R~t. o~nsi..~rable ti~e ~o~ Sat~r,~a.~ and Sund,ay .mornings on q~Iea, n~.up work on the beach', the' largest p~rt of that being 'd~e t° seawe~d~~ a~- that the Parks Department Budget in the General past, this o~ertime WOrk on -.the' beach- has been "cha'rged-to "~h~ Divas'ret Fund, but following the January 11th, 1965 Council action, it is necessary..for.,.the Council .to..9~prove such transfer of funds. M~y°r AVery"aS~ed' wh~ amount of money was budgeted for clean- ing of the B.e.a.~b.,, an.d~,Fin~an~e D~re, ct,or ,W.e,be.r ,sa~d,.t.h~re.:was no money budgeted a,s such,. ,t~at' ~th~' Parks Ue/~artme~n~ ~suag~t' ~s ']ce~Puted on a five day .wee~,. an~ [.~,e .l~abor .in ~,~h,~ 'parks Department was computed on a five ~ay week. ' budget stud¥,~ a~d theKe 8~6~1d definitel~~ be an"a~OUnt~ in it for beach clean'uP'here"Was ge~al' d'k'sUu:&'s~On~ conCerning the maChine clean-up of the b~agh' ~nd hand~,labo.r,...~al, s9 bur. XaL_of. se~d, and Mayor Avery said that .h~fore %he council' ac~ on':.'t~.~i~'.~ fte~."h~ i~uld, l~ke to have or within its b~d~e't~ and' how the ~nt~e 'd~part~ent~s, tands, and then act. ... Mrs, Dorothea MOntgomery s~£~ ~e-:~id not think beach clean-up should C9~9 fro~ .the ~isaet~r F~nd and asked what. ~he~ balance ,~ the Disaete~ F, und Fina~e ,I~.~r~.tOr, ~ber~ sta~te.d. 9h~t .th.~ ,b~l.a. nc~ in !0.X. C$~y Mana~er W4rth~ng comment_ed: "Desirous of issuing a b~ilding ~p.,ermit, in~.order ~ .th'~t..~ the,' C,!ty,.ma.y ~.haVe j__u~,~,s, dic~io, n DE~ B~, F~R~'A~NG TO ~ CITY OZ Ordinance No. 26-65 was unanimously placed on this first reading on motion by Mr. Talbot and seconded by Mr. Saunders. 10ox. City Manager Worthing read the follow/rig minutes of the Traffic & Parking Committee, dated June 15, 1965= 1. "After-considerable discussion concerning the land sale proposal to the City by the Cotti~gham Corporation, a motion was made by Mr. Kabler to have Mr. Worthing write to the CottinghamCorporation, thanking them for their offer, but advising that the purchase is not feasible at this time. The motion was seconded by Mr. Croft and carried. 2. It is requested that the City's Engineering Depar~ent furnish this Committee with & map showing the actual pavement line of AIA, as compared to the Brockway Line. The Committee requests that Mr. Worthing write an ap- propriate letter, requesting a possible selling price of the Seacrest Hotel property at the corner of AIA and East Atlantic Avenue. 4. A motion was ~ade by Mr. Kabler that this Committee recommend to the City Council the purchase of Lots 20 and 21, BlOck 92, for additional parking, if said lots can be bought at fair market price, and that no ex- change of property be considered. Motionwas seconded by Mr. Croft and carried." Following discussion, Mr. Jurney moved to accept the minutes of the Traffic and Parking Committee, dated June 15, 1965, and that a letter be written as requested in paragraph three concerning a selling price of the Seacrest Hotel property. The motion was seconded by Mr. Talbot and carried unanimously. 10.b. City Manager worthing presented Bills for approval as follows: From Intercounty Construction Corporation in amount of $3,408.78 General Fund $66,774.91 Water Operating & Maintenance Fund $ 4~373.09 Improvement Fund $ 1,907.10 Concerning the bill of Intercounty Construction Corporation, Mr. ~albot aske~ if it would hurt or help the City position in City Engineer Fleming getting an immediate answer concerning the drainage installation at the railroad crossing, and'CityEngineer Fleming said that inasmuch as this payment is owed to the people for work done, he felt he could better approach them on the basis of 'the Council's desire if this amount of money was not withheld, and explained further~ "The Council and the City have directly no authority over this contractor as a prime contractor. Our authority over him only, of course, is our contract in moving the sewer line. We have influence with the contractor, and the Council has a greet deal of influence with him, which, I feel, if I explain to him properly he will recognize and make every effort to support the CouncilJs desire." MayOr Avery asked that the City Engineer make such contact early Tuesday morning, ~une 29th. Payment of the bills was unanimously approved on motion by Mr. Talbot and secondedbyMr. Jurney. The meeting adjourned at 10=00 P~M., by order of MayOr Avery. R.D. WORTHIN~ M A Y O R -14- 6-28-65 / . 20O-A PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147. AND SECTIONS 15-3 & 15-4 OF TEE CIT"f CODE OWNER '- ADDRESS', DESC R~i:T ~ION, C ODE 1. Jacob P. Rand P.' '0; Box 1~/11.' Vacant P~'~t': of~ ~'Ot 15--3 DelraY*'B~'~, ~ta¥ ~2~, <.Bl~-~k 11', ;Dell 2. Willard Morrison RFD #I, B~x 13o ,sout~ ~8.3 feet of 15-3 & Hot Springs, Ark. 't'E~ East ~8.2 feet 15-4 of ~t 9, Block 1, "~ Osceola P~k 3. R. E. W. Real~y P', ,Of'.~Box 17066 West 125 F~.e~ of the Co. ,' Inc. ~ri:Svi'~m, Ey,' ~ ~ ~r .N~ '1OO f~tr. '~t 32'--Ocean..Beach 4. J. W. & Adele Rt. ~1, Box 56 H, Lot 30 and the East 1~-3 & Richardson Indic, Ca~ifornia 35 feet of ~t 31, De lraY ~ach Esp lanad e Violations 15-3 and 1~-4 as' concerns this repo~t are as follows: 1. 1%-3 --- Old Building trash and loose debris. 2. 1~-3 - .Garden trash, etc, _ 1~-4 ' ~ Weeds on North property liue 3. 15-~ --- Weeds 4. 15-3 --- Broken P~lne tree Submitted to the City Council by the City Manager on this 28th day of June, 1965. 200-B (308.44) ?BLT ~)U'AIq~RD ~ROM ~R~ST ~S, ~e City ~un~ll o~ ~e CA~y of BOUt, Florida, ~y de~ ~ ~ ~ neaessa~y for ~e sa~e~y and ~venien~ 6f '~ p~lic ~ o~n, ~'~ado and ~ ~ of ~r~s~ ~A~d Avenue ~g ~ hu~r~ eigh~ and ~or~y-fo~ hundreds (308.44) fee~ sou~d f~ ~r~- w8~ BXe~n~ S~ee~, ~ a wAd~ of ~n~M-four (24) feet~ ~e CA~y o~ ~ay Bea~ ~ ~aoh ~un~y, Florida, ~ oh~e An the ~oot of such ~Eov~nt wl~ ~o ~ers of lands abu~- t~g ~ereonr of ~e City o~ ~lray Bea~h~ Palm Bea~ ~y~ FlorAda SE~XOH 1. ~a~ the Ci~2 ~nager be Fe~i~d 8~i~ plans, s~ci~i~Ao~s and an es~ of ~e of su~ A~oveMn~ ~ h ~de, and ~at ~ sam shall be pla~ ~ file in ~e o~ice of ~he City ~nager. ~S~ A~ AOO~ by ~e Ci~y ~oil of ~he City of ~lray ~ach, Florida ~ ~o ~e 28~ day o~ ~une,' 1965. 200-C A G R E E M E N T '~' THIS AGHEEMENT made this 14~h day of June, in the year Nineteen Hundred and Sixty Five by and between the City of Delray Beach, FlOrida, hereinafter called the "Owner- and Kenneth Jacobsen, hereinafter called the "Architect", - WITNE$$ETH: i W~REAS the Owner intends to 6tact a recreation building i for the City Park Xn the City of Delray Beach, Florida hereinafter called the "Project", NOW THEREFORE, the Owner and the'Architect, for the~'~n- stderations hereinafter named, agree as follows: The Architect agrees to perform for the above named work, professional services as hereinafter set forth? The Owner agrees to pay the Architect for such services a fee of six (6) per cent of the cost of the work as hereinafter provided, the said percentage hereinafter called the "Basic Rate". 1. THE ARCHITECT'S SERVICES (a) Schematic Design Phase: The Architect shall consult with the Owner and, if required, prepare analyses and planning surveys to ascertain the requirements of the Project, and shall confirm such requirements to the Owner. He shall make measured drawings of existing work or buildings as required for the development of drawings. He shall prepare schematic design studies leading i to a recommended solution together with a general ~escriptien of the Project for approval by the He shall~submit to the Owner a Statement of ~Probable Project C'enstruction Cost based cn current area, volume or ether unXt coats. (b) Design DeVeloPment Phase: The Architect shall prepare~i~j~i~~ ~ approved Schematic Design Btudies, th~i~e~'i~n Development Documents consisting of plans, elevations and other drawings, and outline specifications, to fix and illustrate the size and character of t~e entire -"~ Project in its essentials as to kinds of materials, ! ~ type of structure, mechanical and electrical systems ~ and such other work as may be required. He shall submit to the Owner a further statement of the Probable Project Construction Cost. (c) Construction Documents Phase: Preparation cf working drawings and specifications describ~ng in detail the work to be done and the materials an~ workmanship to be used, including normal structural, pl~mbing, heatln~, electrical and other mechanical work; the assistance in preparation of forms and proposal and contract documents. In addition, the Architect s~all be responsible for obtaining the approval of any State or other governmental body required i~ public buildings of the above nature, to any plans and specifications finally accepte5 by the Owner. (d) Construction Phase: Supervision an~ services d~ring exec~tion of the work shall consist of assistance in securing pro- !, posals in 'the award of contracts; preparation of a~diti~nal large scale detail drawings, as re- quired; general supervision; issuance of change orders approved by the Council; checking of the Contractor's requisitions for payment and the issuance of certificates for payment; final in- spection of the work prior to issuance of final certificate. Further, the Architect shall by 200-0 8. PRELIMINARY EBTIMATE8 When requested to do so the Architect will furnish preliminary estimates on the cost of the Project, but he does not guarantee such estimates. 9. OWNERSHIP OF DOCUME~TS Drawings of specifications as instruments of service are the property of the Architect waether the work for which bhey are made be executed or not, and are not to be used on other work except by agreement with the Architect; except ~hat the Owner shall receive copies of all drawings and specifications pertinent to the Project for its files. 10. SUCCESSORS AND ASSIGNMENTS Neither the Owner nor the Architect shall assign, sublet or transfer his interest in t~is Agreement without the written consent of the other. The Owner and the Architect hereby agree to the full performance of the covenants Gerein contained. IN WITNESS ~,~BREOF they have executed this Agreement, the 5ay and year first written above. CITY OF DELRAY BEACH By: /s/ Al. C. Avery ~ayor ATTEST: /s/ R. D..Worthing City Cl~rk Si~ned, sealed and delivered in the presence of: /s/ Kenneth Jacobson Kenneth Jacobson /s/ Maria M.-Thomas /s/ Grace S. Martin Approved ~s to form: /s/ ~ohn Ross Adams City Attorney of the present suffleboar~bulldl~g and courts. 5 · PAYMENTS It is estimated that the cost )f the work will be between ~65,000.00 and ~75~000.00. Payments to the Architect for the services herein prescribed will be made in accordance with the following schedule: (a} $500.00 ~pon the completion of Schematic Design Phase, which has already bee~ completed, receipt of which is hereby acknowledge~ by the Architect. (b) Subsequent pay~ents of the professiona~ fee shal~ be in accordance with the following percentages at the completion of each phase. Design Development Phase 35% Construction Documents P~ase 75% Receipt of Bids 80~ Construction Phase 100% 6. APPROVAL ~F PLANS It is understood and agreed by and between ~he parties that the preliminary plans and also the final plans and specifications submitted ~y ~he Architect shall be subject to the approval of t~e 0w~er prior to acceptance. It is also recited as a matter of information that once said f~nal plans and specifications are approved, except in ca~e of emergency endangering life or property, no I extra work or change involving extra cost, shal~ { be authorized by the Architect unless he ~as f~rst obtained the approval of the City Council. 7. TERMINATION OF CONTRACT The Owner may, for reasons unforseen, terminate this contract. Upon termination of t~ts contract, the Architect shall be compensated for his services rendered to the point ef termination of contract; this to be negotiated.