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03-23-64 MARCH 23rd, 1964 A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor A1. C. Avery in the Chair, City Attorney John Ross Adams, and Councilmen Emory J. Barrow, J. LeRoy Croft, Jack L.. Saundera and George Talbot, Jr., being pre- Sent. 1. An opening prayer was delivered by Father John Skehan. X. Mayor Avery announced that City Manager Robert J. Holland was ill and unable to attend the Council meeting tonight. 2. The minutes of the regular Council meeting of March 9th, 1964 were unanimously approved on motion by Mr. Croft and seconded by Mr. Barrow. 3. Col. DugS1 G. Campbell, 415 Andrews Avenue, Delray Beach, in- formed the Council that he, as well as other residents, wes disturbed concerning the financing of the' entire Sanitary Sewer Project, and asked why the usual plan of financing a sewer district had not been followed in Delray Beach. ~urther, that sewer districts are usually financed in a three step plan where the property owner pays on a front foot basis, then he pays for the connection and later pays a monthly usage tax, while in the present plan in Delray Beach, the sewer lines are being installed adjacent to numerous unimproved pro- perties that will pay nothing ~owsrd the sewer system until they are improved and pay the usage tax. Col. Campbell asked why the front foot assessment to property owners had not been put into effect in Delray Beach in this sewer project, and if it was too late to change that part of the financing. City Attorney Adams said he believed it was too late to make that change. Mayor Avery informed Col. Campbell that there had been many public hearings held on the sewer project and that the Council had agreed on the method of financing said sewer project before same was started. Col. Campbell commented as follows: "I was rather certain that answer would be given, and not later than today by a rather prominer~t public tax attorney, I was told that it is not too late, that if it is given thought, there are weys and it could still be done so all of us could be brought in on this project." Mayor Avery thanked Col.' Campbell for his interest as a public spirited citizen and asked that the city Manager take this under ad- visement, and advise the Council as to the feasibility of same. 3. Mr. James Bowen, 105 Bonnie Briar Lane, Delray Beach, informed the Council that he ia requesting information concerning an item that appeared in the Miami Herald during the past week under the title "HOOKUP TIME LIMIT IS URGED" and quoted: "The City Manager, Bob HolIand, Thursday urged speedy Council action on an ordinance to out- line the time limit specifications for hooking into the new sewer system by home owners. Holland said he would suggest a 90 da~ limit patterned after the. Pompano BeaCh sewer tie-in program, in which the home owner would have to pay for the installation of pipe and ~onnec- ~,tion. Whether the individ'ual wishes to hook into the sewer system within that period is up to him, Holland said, but pa~ment must be made by the time decided by Council, '! would encourage people that as soon as the pipe crosses their' property to get busy and have their insta-llation put in~' ,he City Manager said. 'Folks are going to find themselves in tr0uble if they all weir until the sewer" plant is operating before hooking up to it.' While the out of town contractors may be permitted to do the work, local 1. abor will be used as much as possible, Holland said, 'The cost of ho6king imco the sewer system 3-23.-64 '~will vary depending upon the length of the pipe and number of'fix- ?tures, etc. The first tie-in will be free,'Holland said, but home .... owners with two or more connections will have to 'pay a f~lat rate of $93.00 for a connection. The sewer system.is expected to be com- pleted in the fall." City Engineer Fleming'explained as follows: "Mr. Holland's intention was that the line be Installed up to the septic tank and then plugged until such time as the sewer went into operation. That way it WOuld be sll done except making the final connection." Mr. Bowen then said he felt most of the Councilmen were aware of the fact that since World War II, there had. been a number of plas- tic pipes developed, and the best known one is called P.V.C. and has been widely used in recent years in Florida for water line and sprink- ler system installations. Further, that anothersimilar pipe had been developed that is being used as a sewer pipe, and the State Board of Health has approved the use of that type of pipe. Mr. Bowen said if the residents were required to use cast iron pipe with leaded joints, the sewer installation could be verycostly, and suggested t~'Council that they look into whether or not the home owners couldbe permitted to use the plastic pipe. Mayor'Avery said the Building Znspector and City Engineer have been accumulating data on this item a~d plan to make recommendations concerning same to the Council in the. near future. 3. Mrs. Clara McMUrrian, owner and operator of a business ,at 409 West Atlantic AVenue, reminded the Council that she had appeared be- fore them last July, after having three burglaries, and had been pro- mised that'there would be better police protection in that area as it Was planned to provide for additional policemen in.the budget for the next fiscal year. Mrs. McMurrian said it had been~planned to have two patrolmen on foot in ~that area and she had suggested the hours to be from 10:00 P..M. to 6:00-A.M. as she felt that would better protect the businesses. Mrs. McMurrian continued: "I~ was called tO my a~tention the latter part of October that this had .not b~en carried out. I called at the police station. I do not rementBer at this 'point who I talked to. I also called Mayor Dietz. The reply was that I was under 24 hour surveilance and I had nothing to worry about. That without telling me exactly how it was being done, whi'ch' they did not wish to reveal, that was all that could be said. ! .am back here to- night after a purse snatching and three ..attempted breaking and enter- ings within three weekS'time. I am here to ask you tonight, Where are the two men that were to protect'my business?" Mrs. McMurrian said she had attempted to get the newspapers to publicize this as she felt the-public was entitled to know it, but had' been unsuccessful. Mayor Avery said that Mrs. McMurrian had been given Council assurance that she would be given the protection, and he .felt.sh~ had a valid request, further, that since heither City Manag6r Holland nor Polioe Chief Croftwere present, tonight i.t. wou~d be in order if the Council requested the City Manager to give them a de- tailed report on this situation, and why she had not been given the protection that she clai. ms she has not received, after being given assurance of same by the Council. Mr;. Croft said he was not on the Council at the time Mrs. Mc- Murrtan was given that assurance, but he would move that. the City Manager make .a report as suggested by Mayor Avery. The motion was seconded by Mr. Saunders. City Attorney Adams commented: "In that motion, I assume you are not presuming that the City didn't give protection. You are just wondering what steps they took' and what protection they did give." Mayor Avery said that was his assumption, and upon call of roll, the motion carried unanimously. Mrs. McMurrian commented further: "There are two different .... ~ssues here, and I don't want somebody to use one of them to confuse the other. I was promised the policeman on the street out there, and -2- 3-23-64 the people of that area expected that, and had that been the~ case, these things couldn't happen by my store. Whenever the season starts and you begin to see the'beer cans and whiskey-bottles on your front steps each morning, you can look out-for what I have been having - this kind 'of damage. There was police protection there on a surveilance basis under cover for a short period. HOW short or how long that period was ! do not know, but it was there for a feW short weeks, which to me is like locking the gate after the horse has gotten out. I was after putting someone in uniform out there to prevent th~s, and that is what I thought I was getting, so when they come in with a re- port and say we did this and we did that, alright, they did some things, but this thing here was not done." Mayor Avery informed Mrs. McMurrian that this new Council would have to find out if the assurances g~ven were not carried out, why they had not been carried-out and how to proceed. 4.a. A roll call showed the following Civic Organizations and re- presentatives to be in attendance: Planning/Zoning Board Col. Andrew L. Fabens Tropic Isle Civic Association Mr. John E. Varney League of Women Voters Mrs. Charles Cross 5. City Clerk Worthing read the following letter to City Manager Holland from Mrs. Louise Haffey,~dated March gth, 1964~ "In behalf of my sister Mrs~ K. Wider I_want to thank you for the prompt response to her plea to have' those bad trees taken out in front of her property-305 s. Ridge Rd. We appreciate your kindness very much." 5. City Clerk worthing read the following letter from Mr. James H. Scheifley, dated March 20th, 1964= "This will Confirm my resignation, made to you orally five weeks ago, from the CO~aittee on Maintenance of the ~Finger. ca,als." 5. City Clerk Worthing read the following letter from the Tropic Isle Civic Association, dated March 21st, 1964: "Mr. James H.-Scheifley, our representative, has resigned from the Committee on Maintenance of the Finger Canals. OUr Association respectfully request~you to appoint John E. Varney as our representative on this Committee to re- place Mr. Scheifleyo" on motion by Mr. Talbot and seconded by Mr. Saunders, Mr. John E. Varney was unanimo~Sl¥~appointed as a member of the Committee on Maintenance of Finge= Canals to replace Mr.,Scheifley. Mayor Avery asked the C~ Clerk to write a letter to Mr. Scheifley thanking ~m for hie ~.~ice on sa~d Committee. Mayor Avery ~lso asked th~.~City Clerk to review his records and be sure that l~tters of appreciation had been written to other citizen~ who had served~o~ different committees and had recently been replaced. §.a. Mr. Croft ~nfo~med the c0uncil that he would make a report on their tr~p to the '~onfe~ence sponsored by the Florida League of Muni- cipal~t~es at Orlando at some future meeting when there was not such a lengthy age~da~' 3-23-64 5.a. Mr. Talbot announced that-there would be a public meeting for disc. ussion on beach erosion held at the Parish House.at Jupiter Is- land on Tuesday, March 24th, at 10=30 A.M. Mr. Talbot said that all -of the members of the Beach Erosion Committee had been informed of this meeting, but only two wou!d be able to attend, further, that he and Councilmen Barrow, Croft and Saunders planned ko attend said meeting, and requested that the City Engineer. also attend as a repre- sentative of the City. .Mayor Avery asked City Engineer Fleming to attend said beach erosion meeting, and stated that he would be unable to attend on ac- count of business commitments. 9.k. Concerning the offer of Mr. Frank DeRice regarding underwater lands off of Casuarina Road, Mayor Avery announced that Agenda item 9.k. would be'tabled at this time and considered at a special 'meeting to be held in the Council Chambers at 8:00 P.M., Monday, March'30th, 1964. There was no one in the audience that wanted to be heard on this item, but for public information, Mayor Avery asked the City Clerk to read the Planning Board report, dated March llth, 1964, con- cerning same, " Mayor Avery asked that the information concerning'this item be made available to interested parties, also that the area residents be notified of said special Council meeting, as well as the Committee appointed to study this item~ and the Beach Taxpayers League. City Attorney Adams said that Attorney Rhea Whitley, Mr. Kenneth Balliet, City Manager Holland and City Engineer Fleming were.on the committee to study this item, and Mayor Avery said this committee should meet and be prepared with a report for Mondaynight also. 6.a. Concerning current Engineers Professional Liability Insurance coverage as pertains to the City's Consulting Engineers'~responsi- bility in conjunction with the City sewer project, Mr. Harvey Brown of Beery & Brown Insurance Agency reported as follows: "I was not present at the last meeting of the Council..However I did listen to it on radio and at that time a discussion was started with regard to the present insurance which the City maintain~ which provides coverage for errors and omissions on the part of the.firm of Russell & Axon,who are the engineers for the sewer project. At that' time, certain ques- tions submitted to the City Attorney were not answered by him, and a request was made by him that I be at this meeting.-to discuss those questions, with .you. I am .at yourdisposal, I~ hope with some good answers. As a little background on this, some of you gentlemen were members of the Council~which took this action last. summer. The City contracted, in an addendum to the original sewer contract with Russell & Axon and the various firms, for an increase in the limit of liability of Russell & Axon's Professiona! Liability Insurance. The need for this increase was felt in-view of the size of the job that Russell & Axon had undertaken for the City of Delray Beach. Their previous policy limit was $150,000.00 with a $5,000.00 deductible. The pre- vious Council felt that a half million dollars'coverage should be pro- vided and the policy should contain a five year discovery clause. Our agency, as supervising agents for the City'~ insurance, was not con- sulted at that time. we didn't get into the act until some ~me later on in the summer, but the City did si~n a contract and Russell & Axon signed a contract providing for these changes with regard to the in- surance and a few other items at the same time. This was inMay of 1963. In August of 1963,an e~dorsement to the policy was. delivered to the City Attorney, and the City at that time was billed for an addi- tional premium of $1,134.00-for that change, which was a~change to take effeCtin Mayand run through the expiration date of September 26th, the premium being $1,134.00. Mr. Adams asked our agency to in- vestigate this endorsement and a copy of the originat policY, which he, at that time., had received, and report back to him as to whether or not -4- 3-23-64 it met the requirements the City set forth in the contract. It was our op£nion that it did not meet theContract requirements and we so advised th· Council through the City A~torney.' At'that t~me~,the Council felt that it was necessary to make a change since they Were not getting what they felt they had paid for Or what they had been billed for, An investi~ation of the insurance market revealed that thecoverage could be PUrchased less expensively. The estimated an- nual cost of it was to have been $3,500.00. They had already been billed for $1,134.00 for approximately a four month period, At that time,we found that the market would provide a policy for Russell & Axon, it is in Russell & Axon's name, they are the insured, that the City could purchase this coverage just for the City of DelraY Beach work. PreViously you had been paying premiums ~'0 provide an increase limit to a half million dollars for all work which Russell &AXon did, wherever it may be, just to get the coverage for yourselves.. It was not a practical thing. The Council, after a discussion of ~this matter, did request a policy to be written effective September 26th, the. ex- pi=ation of Russell a Axon's previous policy. The policy was ordered and delivered at a premiumof$2,026.'00 for one yea=. This POlicY is renewable annually, and thepurpo~ of'it is to give the City con- trol of this discovery period. The faulty work or the fault~ design must not only occur during the policy period but it must be reported during the policy period~ so-in order to give the City controllhere, the Council decided to buy the policy themselves.' That is where we stand today on it. It is not mandatory to keep the policy in effect. it is strictly a matter of judgment on the part of'the Council. It is not necessary to maintain a half million dollar lim'it, You can in- crease it, decrease it, you may do whatever you so desire with it'. The thing to keep in mind is if you feel it is necessary'to have con- trol over this situation, then you should maintain the insurance. If you feel that a half million dollars is a reasonable figure in lieu of the job, then you should maintain that figure. If you feel anything else is true, then you should make changes accordingly. I would not recommend any change request until the expiration date of September 26th of this year, however. It would be a penalty tY~e situation~ I believe, That is basically where we stand today and if you have questions,I have a few notes that may pertain to your questions." Mr,. Saunders asked if the City had received any protection for the $1,134.00 they paid~ and if the City would be entitled to a refund of that money. Mr. Brown replied that in theory the City did receive protec- tion, but did not receive the protection they contracted for, and in his opinion, the City was'-entitled to a refund. COncerning the refund'of insurance premium paid, City Attorney Adams informed the Council that he had heard from Russell & Axon as a result of'correspondence ordered'by Council at their March 9th meet- ing,and reported as follows: .-"Mt. Frank Osteen said that they were just about in a position to agree that perhaps the City had not re- ceived what they were entitled to, that'they'would like one more week and then they would like to be in a position t° refund the money to us." · - During discussion, the five year discovery period of errors and omissions was mentioned and Mr. Brown'repOrted as follows: "To myknowledge, after an extensive search of the.~arket, there is no five year discovery period available. The only way you can guarantee yourself a five year discovery period is.to maintain the insurance for five years." During discussion, it was'pOinted out that the COuncil had been more concernedwith the five year discovery period than with additional insurance coverage, a lid that~this'insurance item would bebroUghtback before the Council for thorough study before'said September 26th ex- piration.date.. - May~r Avery thanked Mr, ~rown for. his~very fine report on this insurance situation.. -5- 3-23-64 6.b. The City Clerk informed the Council that as a result of the sale of ~he Delray Beach Country Club by the Grimes Fo~ndation, an application for transfer of libor license No. 285 .to the Delray Beach Golf and Country Club, Owned by Mr. R. w. M~Dowa11, had been calved; further, that the applicant had been approved in the usual manner by'the Stats Beverage Department, ~as well as the City's Police Department, and that Council approval thereof, in compliance with Section 4-21 of the City Charter, is recommended, it being so moved by Mr. Barrow. The motton was seconded by Mr, Talbot and unanimously carried. 6.c. City Clerk Worthin~ informed the council that th® following bids for construction of two prestressed concrete bridges over the C-15 Canal, one to be located-above, spanish Trail, the other above Brant Drive. were received and opened in the presence of City Engi- neer Fleming, the City's Consulting Engineer]Mr. Gilbert Clifford, and several of the b~dders= ... .- Alternate ~'Bid~9,g .. ,Spanish Tra~l , ,Brant, Drive (Both .Bridqes) ,.~Total , .T~e To~a~. Time Total Time Cleary Br~s. $55,689.00 90 $49.287.90' 90 Spanish Constr. Co. Trail West Palm Beach $54,000 Brant Drive ~48~00~ Total $102,000 90 Powell Bros. $57,000.00 120 $52,000.00 120 Spanish Inc.- Ft. Trail Lauderdale $56,200 Brant Drive Total $107,500 150 Houdaille-Duval $590711.00 100 $63,414,00 120 ,Spanish Co. - Ft. Lauder- Trail dale ..$620022 Brant Drive Total $120,340 180 Benton & CO. $55,108.20 150 $51,651.60 150 No Bid Delray Beach Atlantic Found- $88,688.00 120 ~84,848.00 150 Spanish ation Co. N. - Trail Miami $85,688 Brant Drive $81,848 Total $167,5~6 200 As shown in the tabulation above, bids were taken for each bridge separately and a~ Alternate Proposal for construction of both bridges if awarded simultaneously. Cleary Brothers' Alternate Proposal of $54,000 for Spanish Trail plus $48,000 for'Brant Drive, totaling $102,000 for both bridges was low for both bridges as well as for each bridge individually. It is recommended that the award be given to.the low bidder, Clsary Bros., on his Alternate Proposal. Mr. Gil Clifford,.eonsulting engineer, concurs in this re- commendation." -6- 3-23-64 29 : City Engineer Fleming reported that the bids were below the estimated.cost~ f~rther, that the City has in i~S possession the money for the Spanish Trail bridge, and that he had ~received the sig~ agreement from the Drainage District that they would 9~Y the Ci~' ~$,..¥ . : 700.00 for the Brant Drive bridge, the funds to be =~c~ived by ~'City this week. - i~'' City Attorney Adams informed'the Council that it .would ~b~ pro- per for them to award the bid for-the construction of the tw~ ~ridges and~h~the would check the contracts as to form when they were'ex- ~f~ Following discussion, Mr. Croft moved that the bid be ~warded to C!~ary Brothers Construction Company in the amount of $10~000.00, for~4nStruction of the two bridges'with time of completion wit~,inety days. 'The motion was seconded by Mr. Barrow 6.d, Concerning proposed Change Order No. 3, affecting the ~rry Peps%F ~ontract, City Clerk presented the following letter frpmRussell .arch l th, and said Chang. Order .o. "Subject:Change 0rderNo. 3 to Harry Pepper Company Contract. I There is transmitted for your approval Change Order No. 3 to the City of Delray Beach Contract with Harry PePPer Company, for the construction of Lift Stations. 2. This Change Order covers the substitution of valves and pumps in some of the lift stations. The whole pro~ blem has been presented informally to each Councilman, and fully discussed. This Change Order embodies the considered opinions, and coordinated conclusions of the . Council, the City Manager and the City EngSneer. 3. Your Consulting Engineers concur in this change, and agree that the substitute equipment is equal in every respect, and superior in some respects to the specified equipment." (Copyof Change Order No. 3, Harry Pepper Company, is attached to and made a part of ~he official copy of these minutes). (See PaCes 310-D, 310-E & ~10-F) Change Order No. 3, Harry Pepper Company, was. unanimously ap- proved on motion by Mr. Saunders and seconded by Mr. Talbot. 6.e. City Clerk Worthing informed the Council that the term of offio~ as a member of the Civil Service Board of Mr. Fritz Friberg expires on April first, 1964, and that they should provide for full membership of said Board to continue after that date by one appointment thereto, in compliance with Chapter 25784 of the Special Acts of 1949, being the Civil Service Act. Mr. Barrow moved that this item be tabled until the next regular Council meeting, the motion being '~econded by Mr. Talbot and unani- mously carried. 6.f. Concerning application for extension of City water service to properties outside the City limits, City Clerk Worthing reported as follows= "Owners of Lots 21 and 22, Lake Ida Manor, have applied for water service to be extended to said properties by execution 'of an agreement therefor, which further reflects their consent to annexatio~ of the identified lands, sub- ject, however, to perm~seion being granted by the.City to replat these'~wo lots into three parcels of lend'for early -7.- 3-23-64 "imProvement thereof, the size of which three lots is satisfactory tot he Building'Official and the Planning Board for It-IAA construction, per planning Boardr~port aS. £ollows: ' 'The Planning Board met on March 18, 1964, with. all me,bars present, and recommend to Council that the pro- perty be annexed to the City as three lots, with the following-metes an~ bounds descriptions,' the two COrner lots to have 95~ frontage on N. W. 9th Street and ~he center lot93.88 feet, these dimensions will meet of the requirements.for R"iAA zoning except the center lot, which wouXd have Only' 93~8 square feet instead of 9500 square feet. The B~ard felt that three houses could be b~ilt on these three lots and create a nice additiOn'to the City.t (R~portsigned By Ralph H~ghs°n, Zoning Director) W~ter SuperintendentMr. Pau1Nicolls advises of there being an apparent surplus of water in the immediate area, as well as'a sufficient main distribution 'line within 50 feet of the property. Should Council approve this application for extension of water service to said Lots 21 and 22 under such conditions as stated above, an ordinance is available for consideration and first readi~g." Mr. Talbot asked"what the City policy was as..to t~e '~iS-.." . tance a water.m~inwould be.eXtended for a new c~stomer, and City Clerk worthing informed'him that the-City furnishes same a dis- tance of fifty ~eet, without charge to the applicant. The application'for water service tO'Lots 21 an~ 22, Lake Ida Manor was unanimOUslyapprove~ on motion by Mr. Barrow an~ seconded by Mr. Saunders. City clerk Worthing then p=e~ented ORDINANCE NO. G-534. AN ORDINANCE OF T~E CITY COUNCIL OF THE CiTy OF " DEL~AY BEACH, FLORIDA, 'ANNEXIN~ TO THE CITY OF DEL~AY BEACh, LOTS 21 and 22, LAKE !DA MANOR, WHICH PROPERTIES ARE CONTI~UOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFININ~ THE ~OUNDAalES OF SAID CITY TO INCLUDE SAID:PRO- PERTIES~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID PROPERTIES~ AND pROVIDING FOR 'T~E ZONING Ordinance No. G-534~es unanimously placed on first reading on motion by Mr, CrOft and seconde~'byMr; Ta~b0t.. 7.8. Mr. JOhn~tA;Di~trich, 115'2 LoWry Stree%; Delray Beach, presented the Counciltw~tha co~y o~'the foilowing letter that he had Written to the City Clerk, dated March 9th, 1964: "Re: ~.ropertyda~aqe due to sewe~onst=~c~0n . Last summer there was consi~erable disturbance, not only of the soil .but also the sub-surface coral rock, which was undoubtedly caused by operations of. your sanitsry sewer construction contractors. Ithas been.reportedto me that there was considerable vibration from either blasting or other excavation such as pi1· driving and, in addition -8- 3-23-64 295 "thereto, large quantities of water were released from a subterranean stream called "The Spanish River'. As I understood it,. thie was under the coral rock, .through Andrews' Avenue, .~end flowed South. Placing the pumping station or sewer in Andrews Avenue North of our property not only inundated and closed Andrews Avenue, but also flooded my lawn. Although the hoUSe is on piling, the above operation has caused an excessive amount of settlement in the past year in the ground area, particularly to the entrance of the house, which dropped the pavement about three to four inches, and a patio wall South of my house about four inches. I, therefore, respectfully request that the proper author- ities be designated by you to.make a thorough investigation of these conditions with the following objectives in mind: 1. Appraisal of damage already done. 2. A record of existing csnditions and levels. 3. A stricter supervision of future sewer construction to avoid further damage. 4. Have excessive water from Andrews Avenue either pumped back to the waterway or into the ocean via the outfall sewer. 5. Please have City go on record with contractor and contractor's insurance or bonding.company. The writer would indeed thank you for anything that you might be able to do to 'alleviate. this con~ition that not only af- fects me bUt other property owners EaStof the waterway." City Clerk Worthling informed, the Council that said letter had been considered to be an administrative matter and had been turned over to the City Manager. Mr. Croft moved that the City Manager and City Engineer make a report to Council on this matter as soon as possible. The motion was seconded by Mr. Talbot andcarrted unanimously. 8.a. City-Clerk worthing presented ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING .TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SEC- TION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIM- ITS OF SAXD CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR TH]~ RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE ZONING THEREOF. (~l~L~k~ (Copy of Ordinance No. G~530 is attached to an~ made a part of the official copy of these minutes.). $~ ~¢ ~o-A~ T~ere being no objection to Ordinance No. ~-530, said Ordinance was unanimously passed and adopted on, second reading,.on motion by Mr. Talbot and seconded bY Mr. croft. -9- 3-23-64 8.b. City Clerk' Worthing p3:esente~ ORDI~NCS NO, 6-532, AN ORDINANC~ OF ~ CITY CO~C~L OF ~. CITY OF · . D~y B~, ~RI~'~ A~ '~ ~ CI~ OF "D~Y B~ ~R~ ~, ~y ~O~ ESTATE, ~ ~ IS ~I~ous ISTI~ ~CIPAL LIMITS OP SAID CI~ ~ ~R~S OF SAID CITY ~ I~L~E ~ID PRO~D~ ~R ~ ~ A~ OBLIVIONS OF ~ .A~ pRO~DING FOR T~ .ZO~NG ~F. Ordnance ~. G-532 was unani~usly placed on first reading on motion by ~. Talbot an~ seco~ed by ~. ~oft. 8.c. ~e City Clerk presented O~INA~E NO. G-533. ~ O~I~NCS OF T~ CITY CO~CIL OF ~ CITY OP DEL~Y B~, F~R~, A~XING CE~AIN ~ L~TED IN SECTION 28, TO,SHIP 46 SOU~, ~E 43 ~ST, ~I~ ~ IS C~I~U- OUS ~ E~STING ~CIPAL LIMITS OP ~ID C~Yr ~DEPINI~ ~ BO~R1E8 OF ~ID CI~ ~ IN- ~E ~ID ~ PRO~DI~ FOR ~ ~GHTS OBLI~TIONS OF ~ID ~ A~ PRO~DI~ POR ~ ZONI~ ~OF. (Foun~in House South) Ordinance No. G-533 was unanimously placed on first reading on motion by ~. Talbot and seconded by ~ Barrow. 8.d. ~e city 'Clerk presented O~I~N~ NO. G-535. .AN O~N~ OP ~ CI~ ~CIL OF ~ CITY OF DR~Y B~, PLORI~, A~ING TO T~ CITY OF . DR~Y B~ CERTAIN ~ LO~TED IN SECTION 5, T~SHIP 46. SO~, ~NGE 43 ~ST, CO~IGUOUS TO R~STI~ ~CIPAL L~TS OF CI~ ~DEPI~NG ~ BO~RIES 0F SAID CI~ TO IN~E SA~D ~ND~ PRO~DING' FOR T~ RIGHTS AND OBLI~TIONS O~ SAID.~ A~ PRO~DI~ POR ZO~NG ~OP. (~e Grimes ~. Talbot said ~at his ~estiOn regarding the policy of the Water ~partment' on water main extens'ion had"been'pro~ted by Section 5 of Ordinance No. G-535. City Clerk Wor~ing read Sections 4 and5 of Ordinance No. G-535, as follows= .~E~ON 4; That sai~ tract of land.herein described shall be assessed, for taxation put, sea, on the basks of $1,500.00 ~r acre, contingent u~n any and all lots as ~ey become sold or transferred, becoming s~Ject to no~al taxation, wi~ any remaining ~rtion of ~sold or undeveloped areas remai~ing 9n su~ acreage basis. SECTIO~ 5' '~ being further un~erst~d and agreed that the City shall extend ~ter distribution lines westward from the Point of Beginning of the herei~ve described property, 'as noted i~ Section I above, to ~ke Drive, a distance of app~oximately 1068 feet, also northwar~ from said Point of Beginning along Second Avenue, a dtstan~ of approximately 369 feet, ~ence ~st~rd to ~e cul-de- sac as sh~ on ~e tentative plat of said tract of land '(C~e Identification No. 72914) attached hereto, a dis- tance of a~roximately 510 feet, without cost to property o~er. -10- ~-23-64 ,297 Mayo~ Avery asked if these conditions were.in keeping with established practices of previous Councils in situations of this kind, to which the City Clerk said.that he could not say that it was. City Engineer Fleming said he. was not itformsd on this matter and Mr? O. W. W~a~ard, Jr. reported to Council as follows: "I am the one WhO is re~ible for this. I negotiated with Mr. Warren Grimes o~ this ba~. I approached him a short time ago on what. basis he would be wil%~g to bring properties he owns around Lake Ida into the City limSt~ of Delray Beach. This is the basis that we drew up. It is th~i~e basis that Boy,ton obtained a great percentag~ of tbs pro- per~i~hat he owns on Lake 2da to the North. Mr. Grimes fel~ that if he C~uld be extended Delray Beach City water and if he could be bro~g~ in on an acreage basis unt~l such time as his la~ds were developed, that he would be willing to come into the City limits, Further, that if this trensactionwere successful, he has additional acreage that he would be willing to consider in the near'future." Following discussion, Mr. Barrow moved that Ordinance No. G-535 be p~aced on first reading, the motion being seconded by Mr. saunders and':~Dimo~sl~ carried. 9.a. Concerning the status-of lease between the City and Mr. & Mrs. Vos, the fo!lowing report from City Attorney Adams, dated March 18th, was presented: "Re: Vos Lease5 This letter is responsive to.your ~nstructions that I report to the City Council.on the status of the lease between Mr. and Mrs. Vos and the City, particularly with reference to our right to presently terminate the lease. ~hen the lease was negotiated, it was felt that the City wanted~the premises.for perking purposes for a. period of at least one year. Therefore, the Provision allowing either party to terminate the lease upon sixty~day notice is applicable only during the second and third year of the lease. Assuming you wish to terminate this lease as soon as possible, there are..two steps which .can be taken: You may authorize the City Manager to ~ontact Mr. and Mrs. Vos and in the event they are willing a mutual cancellation a- greement can be executed and, of course, there would be no more rents due on the property.. On the other hand, if Mr. and.Mrs. Vos wish to insist that the City abide by the terms of the lease ~hen the lease cannot be cancelled until after' one year, which will be November 17,. 1964. In this event, the City will be obliged to make two quarterly installments of $250.00 and notice of intent to terminate should be given at least sixt~ day~ prior to November 17, 1964. I trust this information will be sufficient to enable, you to reach a decision." Following discussion, Mr. Croft moved to authorize the City Manager to contact Mr. and Mrs. Vos and ~n the event they are willing, to execute a mutual cancellation agreement. The motion was seconded by Mr. Saunders and carried unanimously. 9.b. Regarding utility agreement, w/th .the $$~te ~oad Department, concerning West Atlantic Avenue widening project, the City Clerk read the following memorandum from C~ty Engineer Fleming, dated March 18th, 1964: "Subject.= Utility Agreement - Stats Highway Department - Agenda Item .-.11- 3-23-64 "I~am in receipt of a letter from Mr. Bart J. Conti, District Utility ~ngineer, for t~e"State Road. Department, stating that the Atl&ntic AvenUe widening Job has been divided into two parts.. The first portion to be'conStructed lies between W. 24th Avenue and the Sunshine State Parkwey~ It is contemplated that this~contraot will be let in May. The second portion between Swinton Avenue and West 24thAvenue will be at a later date, however, it maybe as early as July. Mr..Conti has enclosed two utility contracts to be executed by the City, one for each portion of the-job as described above. These contracts require that the city be responsible not only for the movement of city-o~ned utilities but also to enter in~ apTeements with privately-owned utilities pro- viding for their relocation and changes as required by the plans and specifications of the Highway Department. Mr. Conti states that the Highway Department definitely will not let any construction contracts until these agreements have been executed. However, at my request, Mr. Conti has forwarded to me copies of letters from the Southern Bell Telephone Company, as well as the Florida Power & Light Company;-the only two other utilities Involved, in which they state that any expense involved would be absorbed by the utility companies. The contracts referred to are rather lengthy and have not been reproduced for the agenda, but they will be available, as well as a resolution prepared by the state High~ay for adoption by our council at the next regular council meeting (March 23rd). The agreements and resolution will also be discussed with the city attorney prior to council meeting so that he may be prepared to answer any questions on the subject." City Clerk Worthing then read the Utility Agreement and the Resolution concerning the part of State Road S-806 (Delray Beach Road) from 24th Avenue eastt0 '$winton Avenue, in order that the Council may know what conditions were contained in the two'Utiltty Agreements and two ResOlutions referred; to'in the memorandum from City Engineer Fleming. There was~discussion concerningthe Ci~yhaving to be respon- sible for privately-owned utilities as well as city-ownedutilities in regard to this project, and City Engineer Fleming read' the follow- ing letters.fromtwo privately-o~lled utility companies= *'we are in receipt of advance prints of Right of Way maps and preliminary typical section for four-laning.of State Road No. 806 from Sunshine State Parkway east to Swinton Avenue. Our facilities shown on these drawings as being in conflict will be. relocated or adjusted-to conform to the proposed construction at no cost to the' state Road Department." "This is in connection with your letter of June 7, 1963, and our reply dated June 11, 1963, with reference to the faci- lities of this ComPany'which are in cOnflict with improve- ments to Sta~e Road S-806"ln Section 93550-3601 (2601), SRD No. 9, Palm Beach County, Florida, An investigation has been 'made 'andit is my understanding that all of the facilitieSwhich stein conflict with these improvements were originally placed on public right -12- 3-23-64 "of way. Under these conditions arrangements will be made to rearrange the telephone plant to conform with the re- quirements of the State Road Department, as expeditiously as possible, and the expense involved will be assumed~by the Telephone Company." C~ty Engineer Fleming reported as follows: "At the suggestion of the City Attorney, I have written to both the Florida Power & Light peop!~ and the Bell Telephone people, to the men who signed ~these othe$ letters, requesting that similar letters be addressed ~O this municipality. I believe it was the opinion of the City Attorney that the C0Uncil.might, if they so desired, take action on this item, con- ditioned on receipt of these letters." Mayor Avery, said the letter from Florida Power & Light Company referred to four-laning of said road and that he was under the ~- preS~!pn that it was to be six-laning, to which the City Attorney replied that the first step was four-laning'and it would eventually be s!x-laning. City Engineer Fleming said the water mains would have to be moved ~y the City and it had been estimated that would be approxi- mately $$0,000.00,which amount has been included in th~ present bud- get. Further, the new sewer lines are being made to conform-with the new standards, and that he did not believe there Were any gas lines involved in that area, but would check same. Mayor Avery asked the degree of urgency in qetting these docu- ments signed, and the City Engineer informed.the Council that the State Road Department would not let the contracts until they had all of the signed agreements, and they expected that would, be accomplished in May. Mayor Avery then said the Chair would recommend a motion for instruction that the proper information be brought back to the Council, it being so moved by Mr. Talbot, the motion being seconded by Mr. Barrow. Mayor'Avery said it had been moved and seconded that the City Manager cause to be assembled the pertinent information,~, to be submitted to the Council at the next meeting, and upon call of roll, the mo~i~n carried unanimously. ..'~-~ 9.c. Concerning the proposed analysis and recommendations pertaining to water supply and treatmen~,..City ClerkWorthing read:.~he following letter from Russell & Axon~ dated February LTth, ~1964: "We are in receipt of Mr. R. D. Worthing's letter of January 21, 1964, requesting e report of progress to date of the various phases of water works improvements as outlined in the 'Analysis of Water Facilities. Report' and a proposal as to a study concerning the addition of a filtration plant. Tbs.'Analysis of Water Facilities' for the City of Delray Beach, Florida, as prepared by this firm during the year 1962 was concerned primarily with operations of the.then existing water works facilities, and it included recom- mendations as to improvements required in order to meet the City's future water demand for a period of ten years. The recommendation included extensions to the water dis- tribution system andmiscellaneous items of improvements at the two .existing plants necessary to bring them up to their full-rated capacity and improve treatment efficiency. No detailed study o~ 'recommendation was included in the report as to additional treatment or filtration, as these items were beyond the scope of the work authorized. To date, we have been authorized to proceed with the pre- ~aration of final plans and 'specifications covering the following items: -13- 3-23-64 "1. 1500..~m~ell oomplete wi~b d~ ~ive,-elec~aic motor, gasoline engine, turbine-type pump ~ .~ ~ecessary raw water supply line. 2. 4000 gpm forced draft aerator for North Plant. 3. Relocation of lime feed point and mixer. At the present time, plans for the raw water supply line, the forced draft aerator and relocationof the lime feed have been completed. Completion of the well pump and pump house is being held up pending further discussions with representatives of the City regarding advisability of drilling a test well and possible relocation of an existing deep well turbine pump. Specifications are approximatel~ 50 per cent complete. Chemical analysis of the raw water supply at both the south and the north well field indicates that softening, iron re- moval and color removal are necessary in order to produce a -domestic water meeting all U. S. Public Health Service re- commended standards. It is our understanding .that, in the past, particularly during periods of high water demand, it has been impossible to operate the plants so as to produce an acceptable treated water. The present plants were de- signed primarily for iron and colorremoval, and a sufficient retention period within the reservoir is extremely important for satisfactory operation of the present, type of plant. As the City's water demand increases, it can be expected that the treatment efficiency of. the plants will decrease and more operational difficulties can beanticipated. In connection with the existing plant operational problems and deficiencies, it ia our recommendation that a study be made as to the feasibility of constructing filtration faci- lities a,t the existing plants and that investigation be made concerning the inetal-lation of additional treatment facilities including softening of the water. It is also our recommenda- tion that the addition of the 4000 gpm aerators and relocation of lime feed listed-above be deferred until such time as the City reaches a decision as to whether it will proceed with the study of the feasibility of filtration at the water plants. We propose to make the necessary additional field surveys and complete the engineering requir~dto develop a feasibility report concerning the proposed water treatment facilities. The feasibility report would include the necessary studies to up-date the data concerning water supply and distribution system improvements as. outlined.in the previous report. The report would also include the engineering,.economic evaluations necessaryto determinethe feasibility of the proposed improve- merits and the required water rate schedules for profitable operation. We would propose.to perform the engineering services required in the preparation of the feasibility report for a fee of 3/4 of one per 'cent of the estimated construction cost, not to exceed a total amount of $10,000. When the Owner, after re- ceipt of the:report, decides to proceed with the project, and authorizes the preparation offinal.plana and specifications, our engineering fees for this work would be in accordance with our current engineering contract.with the City and would in- clude full credit for the fee paid on the preliminary report. We .will appreciate an opportunity to provide the proposed engi- -14- 3-23-64 "nearing service~. If 'the terms of this letter are ac- ceptable, we~i11-appreciate your authorization to proceed with the report by signing in the space provided below." Mayor Avery reminded the Council that upon receipt of this lett~ the City Manager had been directed to have the City Engineer consider and discuss with the ConsUlting Engineers' other criteria thin'WOUld be in keeping with the desires of 'the City. Mr'.' T&lbot asked if there was a duplication of what had been prQpo~d by'RuSSell & Axon in a previous Water AnalysiS. C~ty Engi- ~e~ ~eming eX~lained that the previous analysis was a study for a pr~b~ed ten' year periOd,-a~d.was concerned only with the. qUantity of W~r available, not with the quality~ and their final conclusion wa~'~tthere would be ample water avai.lable in':the wells at ~e end of a~n year per~od prOviding they maintained their present ra~e of City Engineer Fleming reported to Council as follows~ "Also, before going further with this, I would like to state that Mr. Osteen and~'~, Clifford' have 'changed their recommendation with regard to holding of~ on the construction of the' facilities, which we/have al- ready approved and asked their design for, until the completion of this proposed report. This 'engineering report, as we-are requesting it, and as they proposed, would ~ake".a period of some twelve months to make. It is absolutely necessary, f6r'~stan~e, that we have this new well, and I have now the'speci~ications and plans fo= the test -well' ready to go out for b~ds."' It must ~e installed. ~t would be necessary Under either' t'~pe of construction. There wiI1 be a rela- tively small c~st for moving the lime feeder and providing additional aeration. It is felt'that we should go ahead with ,those.improvements t~8, prior'to leaving them Until sUCh time' as we might aCtua11~ put a spade in the .ground to build a new plant. That is' their recommen- dation~ and I~ concur in that." '~. ~ ' City Engineer Fleming tha~ read~ and com~e~lted on'his',following memorandum, dated March"18th, 1964: · ~:~ '"Following is an'outline of the proposed'study, analysis and recommendations with regard to present and fUtuZ~ water supply and treatment fo= this munic'ipality, as re- quested by the City ofDelr~y'Beach. 1. Prognosis of water requirements fora 20 year period. 2. Complete study of preeeMt'source of supply. (a} Probable life of existing Wells.' (b)-POSSibility of iMCrea~ing total capacity by ~additional welIs. (c) Study of the water-bearing strata tapped by city's well fields~ including an-assessment of the depletion of th'is strata by growing demands of'tOwns to' north'.:(up-Stream) off'here. (d) Estimated time Delray can be served by wells alone. (e) Additional treatment recommended and reasons. Study of Other sources of supply. '- {a) proximity and"rela~ivecos~s. (b) Quantity ava~labie. (c) Qua'lity Of water'and type treatment required. (d) Predicted l~fe of new sources. (e) Discussion Of possible future sources such as Salt Water Conversion etc. 4. Analysis of present distribution system. -15- 3-23-64 302 "5. Recommended Plant Construction. (a) Should existing plants be .converted? (1) When should this be undertaken? (2) Type treatment recommended. (3) Area required and available. (b) Should a new plant be constructed? (1) When should this be undertaken? (2)- Type of treatment. (3) Storage requirements. (4) Lo¢~tion, area required, area available. (5) Maximum capacity. (6) Provision for future expansion (after 20 year period). 6. Economics. (1) Cost estimates, construction and Real Estate. (2) Recommended -financing (including existing funds)'. (3) l~ecommended water rates." The City Engineer then reported to CounCil as follows: "I' have gone over this outline with Mr. Oilbert Clifford, who in turn read it to Mr. Frank careen,and they agree that they would not necessarily have to follow this exact 'structure,but by. using it as a framework. they feel that a very comprehensive report wil~ be obtained for the City. They didn't recommend any changes, but they do state that it wiii take a period of some twelve months before this tyge of study can be completed. They will do it for the~ same proposal as they had in their original one." Mayor Avery, during lengthy comments, pointed out that it would take approximately three years after making a decision on this before. a "clean glass of' water" could be given to the consumer, also that there was between four and five hundred thousand dollars of available cash in the Water ~und. Further, about $90,000.00 had been allocated in the Water Contingency Fu~d budget this year, o~ which there should be a large balance left. -Mr.-Woodard reported that as 'of February 29, 1964, the total surplus in the water Fund was $737,497.17. It was pointed o~t that the City would proceed with the moving of the lime feeder, providing additional-aeration., and construction of the new wall. City Attorney Adams suggested the February-iTth proposal of . Russell & Axon and .the outline of City Engineer Fleming be tied in together and a written proposal be submitted for Council consideration. Mayor Avery suggested that the City Manager be authorized to have an agreement drawn, coordinating the recommendations of Engineer Fleming and the proposal of Russell & Axon, for consideration at the next Council meeting.. Mr. Croft ~sked what the present 'contract fee was with Russell & Axon, and it was explained that their fee was ·based on a graduated fee schedule Which was accepted by the City as part of the contract. Following discussion, Mr. Talbot moved that the City Manager be authorized to incorporate the proposal of Russell & Axon and the re- commendations of the City Engineer and that same be presented to the Council at their next meeting, the motion being seconded by Mr. Saunders._ . Mayor Avery said it had been moved and seconded that the City Manager be directed to have an agreement drawn between Russell & Axon and the City, incorporating the proposal of Russell & Axon,dated February 17th, and the recommendations of the City Engineer, and pre- sented to Council at the next meeting for further consideration. Upon call of ro11, the motion carried unanimously. 9.d. Concerning· proposed S~ate Road No. 9 (I-95),it was reported that under date of March 17th, Mr. Woodard forwarded to each Council- man a letter concerning 1-95, and attached thereto was a photocopy -16- 3-23-64 ,80~: of certain corresP~denoe from: the U. S. Department of Commerce, Bureau of Public Roads, Washington, D. C., relative to procedure re- garding said 1-95. Also, as a result of Council dire~tive to Mr. Wooda~d to confer with Mr. C.-Y. Byrd concerning this matter, f~%~ing letter from Mr. Wooderd, dated March 19th, was pre$9~ed "Re~ Council request for report relative to 1-95 Mr. C. Y. Byrd and I discussed at length Tuesday mor~$ng, March ~Tth, the necessity for a continued program to maintai~"in the public view the need for the construction of State Road 9 or 1-95. Al~houghMr. Byrd's busy schedule does not al%0w him to actively participate in such a program, he will be happy to support it and is willing to'have his name on a committee favoring this continued effort. My recommendation is that Councilman~J. LeRoy Croft, a~ an ffi~er of the Tri-County Governmental League and member of e City CounCil; Co~ntyCommissioner ~eorge V. member of the State Legislature,. if available; a. member of the Congress, if available~' and I form .a committees-to pro- ceed along the lines suggested in my previous report, that being to contact all municipal and county legislative bodies and request-that they,' at this election time, focus .attention on the ~-95 pro~rram through the candidates running for office, and COntinue to focus attention on this project until its in- ception.'' During lengthy discussion it. was brought out that it is the general feeling this project is being held up by the State-Road Board. During discussion, Mr. Woodard referred to his recommendations made in the above letter, and said he felt each of our members of the State Legislature and each of.our Congressmen, if available, be a part of his suggested committee. Mayor Avery referred to Mr. Woodard's recommendations, and asked that a committee be appointed consisting of Mr. ~roft as Chair- man, Mr. Woodard and Mr. Talbot' togethe~ with any of the other people recommended by Mr. Woodard that could be .attracted to the effort, to accomplish the things that have been set forth, it being so moved by Mr. Barrow, the motion being seconded by Mr.. Saunders. Mayor Avery said it had been moved and seconded that a committee be appointed with Mr. Croft aa Chairman, Mr.. Woodard, Mr. Talbot and any Congressional or Legislative bodies, to prooeed as outlined. Mr. Talbot asked ~f it was'~ossible that the City Administra- tion write to each. candidate asking their opinion on 1-95, and Mr. Woodard answered that he was in favor of Delray Beach and all other municipalities and counties on the Gold Coast doing that. The direction that said letters.be written was included in the motion andeecond just made by Mr; Barrow and Mr. Saunders, and upon call of roll the motion carried' unanimously. 9.e. Concerning a committee report and further data on finger canal maintenance, the City Clerk reported as follows: "Attached to the agen~a~or Council meeting of March 9th was a report from theCity Manager, reviewing the high- lights and facts..re~ative ~o finger canal maintenance costs, together with his recommendation thereon. There is attached hereto additional information pertaining to South Grande ~ana.1, reflecting the probable cause for its present condition and outlining certain COrrective measures. The City Engineer will-.be available for furnishing -17- '3~23-64 "any further-desired dataon this .matter and the desireof the Council thereon is requested." It was pointed out that.since t/~is item had been.deferred at the March 9th.Counoil meeting, none of the recent reports con- cerning same'had been read. .. 'Mr. John E. Varney asked the Council that due.-to the change · of the personnel of the Committee on finger canal maintenance, this matter be further deferred until the next Council meeting,"to allow a meeting of the full committee, and a report by the full committee, it being so moved by Mr. Barrow., The motion was seconded by Mr. Talbot. - Mayor Avery asked that the motion include that the entire item and reports be coordinated in order ~hat the Council may have something ready toconsider in its?~entirety, to which Mr. Barrow and Mr. Talbot agreed. Upon call of roll, the motionoarried unanimously. 9.f. Concerning the status of the King property parking lot, City Clerk Worthing remanded the Council that the report from City Attorney Adams relative to the parking lot acquired fromM rs. Pauline M. King was reviewed, and following general discussion thereof, Council rected the ~CityManager, together w~th ~e CityAttorney and City=s Parking committee, to furnish the Council with a report as 'to possible. damages, ~f :any, that the City had been subjected to as a result of' the continued itenancy of improve~ents on the property, which should havebeen vacated in~accordancewith an' agreement between the City and the real estate broker involved in the original exchange agree- ment. City Clerk Worthing read the .followin~ report from City Manager Holland, dated Ma=ch 19th, 1964t "Messrs. Adams, Fleming, Woodard and I have discussed numerous approaches to deter~£ne the extent of financial damage incurred by the~Cityas a result of not obtaining the King property as provided for in the exchange agree- . ment. 'We feel the'most accurate basis for determining the value of .this ~rope~ty-ds the one set.byMrs. Pauline King, throughher representative., BonnellRealty, Inc. At .a Co~nci! meeting held on November 26,-1962, this real estatg firm, on behalf of its client, offered the City this property for lease at $6,000 per year. This proposal waa~re~terated in a letter from Mr. Bonnell on December 18,: 1962, in which he states, 'My client is not interestgd in selling but .would lease the.property at .$6,000.00 a- year net, end. will remove the buildings which now occupy- portions of these lots.~ Based on Mrs. K~ng~s estimated value of this property for parking,.we can then ascertain that the City will have lost in value $115-.38 per-week for 20 weeks, totaling $2,307.60, due to the fact that an oral lease is in fact in effect until June 1st, making it impossiblefor the City to improve the property during this 20 week period. I~ the Council de- sires to attempt to recover damages in thisamount, this approach appears to be ~the most tangible estimate of value. It is recommended that the City Manager be authorized to confer with the previous property owner to determine whether or not she would consider a settlement in lieu of a law suit," City Attorney Adams reported to Council as follows= "At the last meeting I wa.s instructed to contact both .of the lesseesin the house thatstillexists on the. south 50 feet of this property, re- garding the rents which were ~ue. I contacted a Miss Alvina -18- 3-23-64 Deiterman, who was under an oral lease in which she was paying $39.00 per month. Mr. Kincaid and MrS. King had not accepted her rent from January. I told her that Mr. Nelson had a valid lease through June 1st, 1964 and there was no .way to evict him, that we would accept January, February and March rent of $39.00 per month. She paid Mr. Worthing today'S11?.00. I contacted Mr. Kincaid, and he ha~ accepted $500.00 representing the period from November 15th to June lat. wrote him a letter as X mentioned, and as a result we received the ~ entire rent of $500.00 from~him today~ This came in subsequent to the report, we were entitled to $391.00 of-the SS00.00 rent, from January on. The $111.00 was an extra amount. Mrs. King,apparently speaking through her agent, would like to offer that $500.00 in com- plete settlement Of this matter." Mr. Barrow pointed out that Mrs. King has asked $6,000.00 for a one year lease on her property,-and asked why the settlement to the City could not be baaed on that figure~ City Attorney Adams replied: "I am not saying it can't be, and in fact, if you instruct us to file a law suit that is exactly what we Will try to ~o, plus any other damages that might be recover- able. The $6~000.00 was based on two hundred feet and the.property that has not been vacated involves only fifty feet of that amount. The contract has been breached, there is no question about that. Mr. Barrow said he would.not be satisfied to settle for any- thing less than wha~ had been offered as a charge to the City for the lease. · Mr. Talbot said he felt the committee had approached this in a good fashion, ~however, in his opinion, the property would have been more valuable to the City during the season than~during the summer months, which would make the damages to the City greater than the $2,307.60 as mentione~ in the letter from the City'Manager. Following discussion. Mr. Saunders moved that the City Manager and the City Attorney'be authorized to confer with the previous pro- perty owner to determine whether or not she would conSider a settle- ment, and what settlement, in lieu of a law suit. The motion was seconded by Mr. Barrow. During discussion it was pointed out that the City Manager, in his negotiation with Mrs. King, should stress the fact ~hat'the damages suffered by the City in 'not being able to use said property during January, February and March were much greater than the damages that ~ would have been suffered by'the'City at another time of the year. Upon call'of roll, the motion carried unanimously.~ 9.g. Concerning exchange of properties to provide additional parking facilities~ the following letter signed by Mr. O. W. Woodard, Jr., Chairman of the Traffic and Parking Committee, dated MarCh ~th, 1~640 was read: "Re: Recommendation concerning Cook-City exchange agreement After conferring'with the'Planning and Zoning Board and members of the T~affic and~Parking Committee,. it is re- commended that the City exchange 60 feet and $28,000 for Mr. Cook's property.:.' It is the consensus of opinion that we make this exchange, based on the assumption that the City will need to provide for ultimate widening of N. E. 1st Street. The'basic recommendations £or thisexchange were originally presented to the Council in the 'Traffic and Parking Committee report of March 6th. This-recommendatio~ 'is in accordance with Council instructions at the last regular meeting .tha~ '&-speCific recommendation be made relative to the number of feet the City may wiS~ to ex- change with Mr. Cook. -19- 3-23-64 l~r. Woodard reported that as a result of £nstruct£ons at the last Council meeting, an appraisal had been made by. Mr. Joe Kern of the properties involved in said ex~hange. M~. Woodard then read the opening letter of said appraisal, dated March 19th, as follows: "As per your instructions of March 10th, 1964, I have estimated the market value of the following properties: Lots 24 and 25, Block 92, Delray Beach, Florida as recorded in Plat Book 2, Page 21, Palm Beach County Public Records The south 50 feet of Lot 17. Block 92, City of Delray Beach, Plorida, as recorded in Plat Book 2, Page 21, Palm Beach County Public Records In my opinion, the market value of the above described properties as.of March 19, 1964, was= %1 $40,000.00 %2 $ 7,000.00" Mr. Woodard called at~ntion to the fact that the $7,000.00 given as estimated value of property %2 in said letter was only on 50 feet of property where it is no~ recommended that the City exchange 60 fe~t of property, which at the same front foot value would be $8,400.00 estimated value for the 60 feet. During comments and explanation of the appraisal, Mr. Woodard read the SUMMARY AND CORRELATION as follows= "Cost Approach $45,100.00 Market Approach 38,700.00 Income Approach (Ovaler-Occupled) 39,400.00 Gross Multiplier Approach 43,900,00 Income Approach (Invsstori 30,400.00 Final Estimate of Value $40,000.00 Which.may be divided as follows= Vacant land 12,000.00 Land in use 10,500,00 Total land 22,500.00 Improvements 17~500.00 $40,000.00 Most weight is given~ the first four approaches. The fifth ~pproach is included to indicate an investor 1.evel for the subject property. . Aspreviously discussed, it is the appraiser~s opinion, that the market for subject property, .due to location, is the pro- fessional or businessman-owner oc'cupier. The owner-occupier market hasbeen ana'lyzed and the market approach and the in- come approach are the indications of investment and return that this market seeks. Therefore, the most weight is given to the first three approaches and the value conclusion of $40~000.0Q is indicated. -20- 3-23-64 3O7 Mr. Woodard also pointed out that the 9ppraisal in~iuates that the front foot value of the Cook property is $240.00 and the front foot.vaLue of the City property is $140.00. The following proposal to exchange properties from Mr. and Mrs. Walt~ W. Cook, dated March 18th, 1964, was presented: (See Amendment attached - Page 310-0) "Re: Proposal to exchange properties We, the undersigned owners of Lots 24 and 25, Block 92, D%1ray Beach, Florida, hereby propose to transfer titie to our property to the City of Delray Beach in exchange for Lot 17, Block 92 (74.7 feet) Delray Beach, Florida. The terms and conditions of our proposal would be as follows: 1. The City would pay us an additional consideration in the amount of $25,000.00. 2. That '~his exchange shall be closed on or abo~t May 1, 1964 and we shall have the right to occupy our present building until on or before September 1, 1964. 3. We agree to forbear certain salvage rights which were contemplated in our original discussions with the City in return for the City's agreement to assume any closing costs wh'ich we'would be obligated to'pay in excess of $200.00. 4~That"'ea6h party shall furnish insurable title to the properties conveyed. If the terms as hereinbefore outlined are satisfactory, we understand that you will instruct the City Attorney to re- duce our proposal to an enforceable exchange agreement." Mr. Talbot asked the overalI cost of aCquiring.the Cook property for a City parking lot, to which Mr. Woodard said he would estimate the salvage value of the building to be approximately the cost of destruction of the building, and would estimate the cost of approximately $5,000.00 for paving of the parking 1bt. Following discussion of the cost of said parking lot, Mr. Barrow moved to accept the proposed exChange'of property recommended in the March 19th letter written by Mr. Woodard, Chairman of the Traffic and Parking Committee. City Attorney Adams said the Council action now, which would - generally approve the exchange, would be to instruct the City Manager or City Clerk to advertise the' terms and condition~ of the sale for two weeks in the local newspaper, after which time there would be a Resolution with an Agreement presented to the COuncil for their ap- proval, it being so moved by Mr. Barrow. The motion was seconded by Mr. Saunders and carried unanimously. 9.h. Concerning a'petition for annexation~ City Cl~rk Worthing in- formed the Council that with reference to the request of Mr. A. Flora and others for annexation of certain properties in Silver Terrace Sub- division, referred by Council to the Planning Board for public hearing thereon, the Planning Board report, dated March 11th is as follows: "Re: Request of Mr. A. Flora', to annex to the City several lots in Silver Terrace S/D~' subject to being zoned C-3 (Wholesale &-Ligh~ndustrial Area), On a motion by Mr. Hanna,. SeConded by Mr. Lankton, to recommend tO Council that the request be denied, roll call vote was unanimous. Motion carried. -21- 308 "The Board feels that the request in no way would be advantageous to the City." Mr. Croft moved that the Planning Board recommendation be sustained, the motion being seconded by Mr. Barrow and unanimously carried. ~ 9.i. Concerning a request for Permissive Use to construct - St. John's Primitive 'Baptist Church and asso~iated building on a tract of land in Block 11, the Planning Board report, dated March llth, 1964, is as follows: "Public hearing was held on March 10, 1964. Forty-two property owners were notified, only two appearing and there were no objections. On motion by Mr. Lankton, seconded by Mr. Sinks to recommend that the request be granted, roll call re- sulted in Mr. Lankton, Mr. Sinks, Mr. Hanna and Mr. ~abler voting in favor, Mr. Jacobson favored more definite information pertaining to future expansion of the facilities an~ voted-'No' to the motion, but did not. oppose the permissive use as the request stated." Mr. Barrow moved to sustain the recommendation of the Planning Board, the motion being seconded by Mr. Saunders and unanimously carried. 9.j. City Clerk Worthing reminded the Council that on February 24th they referred to the Planning Board the request of St. Vincent Ferret's Church for abandonment of that part of N. E. ?th Street lying between 8th Avenue and Palm Trail, being a 20 foot strip bisecting Church lands,with improvements on both sides of said right-of-way. The City Clerk then read the following Planning Board report, dated March llth: "After discussion, on a motion by Mr. Eabler, seconded by Mr. Lankton to recommend to Council that the City abandon the twenty foot R/W as requested, SUBJECT to approval by Florida Power & Light Company., Southern Bell Telephone Company end the City Engineer. On roll call the vote was unanimous." Mr. Barrow moved to sustain the recommendation of the Planning Board, the motion being seconded by Mr. Saunders. tt was pointed out that this abandonment was being granted subject to approval by Florida Power & Light Company, Southern Bell Telephone Company and the City Engineer. City Engineer Fleming said this item had not been referred to him until now and he would have to take time to study same, but there may be a possibility that an easement should be retained in that area. Upon call of ro11, the motion carried unanimously. 9.k. This item was considered tonight prior to Agenda Item 6.a. 9.1. Concerning a PlannAng Board report regarding request for aban- donment of a portion of right-of-way, City ClerkWorthing reported to Council as follows: "On February 10th, the request of Mr. K. E. Anderson for certain abandonment wag referred to the Planning Board for its study and recommendation. The Board's report thereon is as follows: -22- 3-23-64 · 309 'Re: Request for an abandonment of a 10 foot strip of land on S~ W. 10th Street. After discussion, on the future ~-%ed for a 100e R/W on 'S~ W. 10th Street, Mr. Sinks made a motion, seconded by Mr. ~abler to recommend to COuncil that the request be denied. On roll call ~he motion passed unanimously.! It is desired, however, to call the attention of Coun~ to'the following facts and information= On May 7, 1956, the City accepted a deed for the South 60 feet of Lot 20 in Subdivision of Section 20-46-43~ the South 60 feet of the West one-half of Lot 28 in the Sub- division of Section 20-46-43, the south line of said~0 foot Strip being the centerline of S. W. 10th Street, and by virtue of its deed to the City, provided for a-~u~ure possible 120 foot right-of-way. However, in June of 1959, the'City approved and accepted the-Plat of Delray Beach Heights and DelrayBeach Heights Extension. and said Plats overlapped the north20 feet of the previously dedicated 60 foot right-of-way stripfor a distance of 500 feet, and 10 feet of said strip for a distance of 1280 feet, which obviously results in a cloud on the title'of ALL 17 lots in these subdivisions fronting on S.'W. 10th Street." City Clerk Worthing further explained that the immediate re- quest of Mr. Anderson was because he. had sold lots 1,2, and 3, Block 2, Delray Beach Heights Extension to someone who wanted to build stores, and that the south 10 feet of the platted lots is in the 60 foot dedicated right-of-way. The City Clerk also informed the Council .that George Simons, in his Comprehensive.Planning Report Prepared for the City several years ago, recommended a 70 foot right-of-way in that area. Mr. Croft asked why the plat of that subdivision had been proved with the overlap of the lots into the dedicated street right- of-way. City Clerk Worthing informed the Council that several of the lots involved in this overlap were improved properties and homesteaded, and the Council expressed concern over the Planning Board recommending denial of the request, which if that was done would leave a cloud on the title of said properties. Following lengthy discudsion, Mayor Avery said he felt this item should be referred to the City Manager and City Attorney to be brought back to Council explained in language they could understand, it being so moved by Mr. Barrow. The motion'was seconded by Mr. Croft and carried unanimously. 9.m. City Clerk Worthing read the following report and recommendation of the Contractors Examining Board, dated March 13th: "The Contractors Examint'ng Board recommends that Sec. 11A-8, Para. 2, be rewritten or amended to indicate that if no occupational license is paid for at the time it becomes due, a fee of $5.00 will be required, to keep the certificate active for one year. A fee of $5.00 will be required-thereafter each year for five years. At the end of the fifth year, the original certificate will be declared void and a new application for a certificate will be required." -23- 3-23-64 Building Official Hugheon informed 'the Council that in the Ordinance governing the Contractors' Certificates, there had been no provision concerning keeping the Certificate alive and valid, and this provision would only affect 'those contractors who did not renew .their occupational license each year. Further, that other municipalities have this provision, and the Contractors Examining 'Board feels it will be some protectio~ to the local contractors. Mr. Barrow moved that this recommended procedure be approved. It was pointed out that ~it would take an ordinance amendment to make this reco~anendation effective. Following lengthy discussion, Mr. Saunders moved to accept the recommendation o~ ~he contractors .Sxamining Board, the motion being seconded by Mr. Barrow and unanimously carried, 10.a. The~City Clerk~ the following Bills for Approval= General ~und ..~, $ 112,772.64 water P~nd - Operating F~ 22,420.98 Refundable Deposits Pund 4,037.93 Beach Disaster & ~m~ovement ~und 1,858.71 Improvement Fund 71,207.46 Special Trust Account - First National Bank of Delray Beach 334.00 Special Trust Account - DelrayBeach National Bank 48.00 The Bills were un~n.imously ordered paid on motion by Mr. Croft and seconded by Mr. Barrow. The meeting adjourned at ll~10 P. M., by order of Mayor Avery. City Clerk APPRO%?ED: MAYOR -24- 3-23-64 ORDINANCE NO. G-530. AN ORDINANCE OF THE CITY COUNCIL' OF~ THE' CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE .CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SEC- TION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIM- ITS OF.SAIDCITY~ REDEFINING THE BOUNDARIES OF SAID'CITY,TO INCLUDE SAID T~ANDSf PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDSr AND PROVIDING FOR THE ZONING THEREOF. WHERF~S, CORA D. WILSON is the fee simple owner of the.propertyher~in&'fter described except for that portion com- prising-a publi~'right-of-w~y identified.as a portion of N. W. 7th Street, and WHEREAS, CORA D. WiLSON, by her Petition, has con- sented and given permission for.the annexation of Said proper- ty by the City of Delray Beach, and WHEREAS, the. City of Delray Beach has heretofore been authorized to 'annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida= NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELl?AY BEACH, FLORIDA, AS FOLLOWS= ~..CT. ION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in-Palm Beach County, Florida, which lie contiguous to said City, to-wit: Those tracts of land in Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: - A. Lot 17, LAKE IDA MANOR, as appears in Plat Book 23, Page 138, of the Palm Beach County, Florida, Public Records. B. That part of N. W. 7th Street lying between the Centerline of N. W. 4th Avenue and the Easterly right-of-way line of N. W. 6th Avenue, as shown on Plat of LAKE IDA MANOR appearing in Plat Book 23, Page 138, Public Records of Palm Beach County, Florida. ~ECTION 2. That the boundaries, of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts and parcels of land, and Said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Page 2. : Ordinance No. G-530. ~ That the tract of land herai~&bove first d. escribed is hereby declared tO be in Zoning DistriCt "R-1AA", as defined by existing ordinances of the City o£ De:lray Beach, Florida. ~ECTXON 4. Th&t-'~he lands hereinabove described shall im~edietely become e~bJect to immunities, debts, obligat~one, liabilities, ordinances and laws to which lands in the City of Delray Beach 'are now or may persona residing theraon~shell be deemed citizens of the City of Delray Beech. SECTION S. That if any word, phrase,, clause, sentence of t~i~ ordinance shall be. declared illegal by a court or part of 0o~petent' '~riSdiction, ..suCh record of i11agal, ity shall in no way affect the re~aining portion.. ' Passed in regular'."eession on the second and final read- ing on the 23rdday of March~ 196~. /,~/ AL. C.. AVERY MA,YOR ATTEST: ._'_ '.' City Clerk First Reading Mamoh 9, 196~: , Second Reading ..M.a.~ch 2~...1964 _ AMENDMENT to minutes of the Regular Council Meeting of M~rch 23rdf 1964~ On page 21, the 2nd paragraph should read= "?he following proposals to exchange properties from Mr. and Mrs. Walter W. Cook, dated March 18th, 1964, were presented." Only one proposal was copied in said minutes and the other proposal is as follows, being the proposal recommended by the Parking Committee, ~nd accepted by ~he Council-= "Re: Proposal to exchange properties We, the Undersigned owner~ of Lots 24 and 25, Block 92, Delray Beach, Florida, hereby propose to transfer title to our property to the City of Delray Beach in exchange for the South 60 feet of Lot 17, Bloc~ 92, Delray Beach, Florida. The terms and conditions of our proposal would be as follows= 1. The City would pay us an additional consideration in the amount of $28,000.00. 2. That this exchange shall be closed on or about May 1, 1964 and we shall have the right to occupy our present building until on or before September 1, 1964. 3. We agree to forbear certain salvage rights which were contemplated in our original discussions with the City in return for the City's agreement to assume any closing costs which we would be obligated to pay in excess of $200.00. 4. That each party shall furnish insurable title to the properties conveyed. If the terms as hereinbefore outlined are satisfactory, we understand that you will instruct the City Attorney to reduce our proposal to an enforceable exchange agreement." City Clerk A P PRO~ED = MAYOR 310-D CITY OF DELRAY BEACH PALM BEACH COUNTY~ FLORIDA SEWAGE WOR~S PROJECT P, roJeCt No. 596~-8a CHA~NGE' ORDER NO, '~ This Agreement entered into this · 2Brd day of M~4~0h ]96~, by and between the CITY OF DELRAY BEACH, PALM BEACH COu~ry, FLCRIDA, hereinafter referred to as the perry of the FIP£T FART, and TEE MARRY PEPPEP COM?ANY, CONT~ACTOR, hereinafter referred to as party of the SECOND PART, the same being a ch~ge or supplement tca c~.t,a~n Contract by and betwee~ the part, es aforesaid, dated 24 May 1963, for the construction of Sewerage Lift Stations, C~ty of Delray ~ach, Palm ~ach County, F]crlda. WlU N~SETH: I a. WHER~, the party of the FIRST part desires to amend the Contract by granting the Contractor's request for substitui~on of certain elements of equipment as set forth in Contractor's letter to the Consulting Erglneers dated January 1~, 196~, ....... and ....... b. ,.,~,~.~or~', th~s' substitution ls in accordance with the Specification Clause (Substitution of Equipment), Page BP-~I, ......... and ....... c. W~S, this substitution ls aeemec %o be In the best interest of the City of Delray Beach, ....... and ....... d, k~-~R~$~ the substitute' '~ equ~pmeDt Js cor, s~ lered ~o b~ ~qual to, or shper~or to the specified aq~d~ ~men t, 310-E CHANGE O}~DEB NO. 3 - City of Delray Beach - Continued - Page 2 ....... and ....... e. WHEtterS, the C~ty Engineer and City Manager for '~he substituted equipment, ....... and ....... f. WHEREAS, a fair and equitable credit Of $550. will be real~zed by th~s substitution. II. THEREFORE, the Party of the SECOND PART agrees to furnish all labor materials, and supplies neces- sary to instal] the following items of substitute equipment: a. "Homestead" "BallcentrJc" plug valves, fn !Jeu of "L~bricated" plug valves. b. Mechanical Joint gate valves, Jn lieu of Flanged lubricated plug valves. (Provjslon to be made for resisting thrust) ~. "American Well Works" Pumps, ~n lieu of Fairbanks- Morse Pumps. (A total of 13 pumps are involved at the Lift Stations indicated be]ow: Master Lift Station - 3 - Pumps L~ft Station No. 1 2 - " Lift Station No. ~' - 2 - " Lift Station No. 6 - 2 - " L~ft Station No.17 - 2 - Lift Stat.ion No.18 2 - ") ~J. Healy-Ruff controls will b~ furnished as st~ec~ lied. A~ the above ~n accordamce with proposals made In ~etter from Harry ?epper Company (with attached ~ata sheets)~ dated January ]5, 3 lO-P CHANGE ORDER NO. 3 - C~ty or Delray Beach - Contim,ed - Page 3 In th~s connection, ~t is stJIulated that tl:e subs~itution -Of'~'~cago. Pump Co., CbmmJ nuters for the speclf~ed'"Worth~ngtcn Corp." CommJnuters, are NOT approved~ The Total De~et~on from the Contract by this Change Order is $550.00. I~]. It is further agreed ~nd understood that the Contract t~me ~s not extended, and that th~s Change Order does ~ alter in any ~nner the force and effec~ of the crig- ~nal Contract dated 2~ May 1963, and the same shall stand ~n full ~ ~or~e and effect in ail respects, except as amend- ed by this agreement. Recommended for Approval: i~RY PEFPER COMFA~ RUSSELI,& AXON .... '- /'"/~ / C 0 ~S L ! T i NO ENG i ~[EERS By ./" ~.. .. - ./2.../ - ~// ~' Project. CITY O~' DELRAY B~CH D. R. Neff~.~ - Accepted: ~g~ PALM BEACH COUntY DEIEAY BEACH, FLORIDA Attes~: / , /? . Mayor C~ t~ ~anage'r